HomeMy WebLinkAboutordinance.council.003-05
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ORDIANANCE NO.3
(SERIES OF 2005)
AN ORDINANCE OF THE ASPEN CITY COUNCIL REZONING 1201
RIVERSIDE DRIVE TO THE R-6 (MEDIUM-DENSITY RESIDENTIAL) ZONE
DISTRICT, LOTS 6-9 AND A PORTION OF THE ALLEY, BLOCK 24,
RIVERSIDE ADDITION TO THE CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
ParcelID: 2737-181-00-024
WHEREAS, the Community Development Department received an application
from Dale Hower, requesting to rezone 1201 Riverside Drive from the R-15 (moderate-
density residential) zone district to the R-6 (medium-density residential) zone district; and,
WHEREAS, upon review of the application, the applicable code standards, the
Community Development Department recommended approval for the proposed rezoning
application; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
WHEREAS, during a duly noticed public hearing on December 7, 2004, the
Planning and Zoning Commission approved Resolution No. 19, Series of 2004, by a
seven to zero (7-0) vote, recommending that City Council rezone the property at 1201
Riverside Drive to the R-6 (medium-density residential) zone district; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, during a duly noticed public hearing on February 14, 2005, the
Aspen City Council approved Ordinance No.3, Series of2005, by a 5 toO vote, rezoning
the property at 1201 Riverside Drive to the R-6 (medium-density residential) zone
district; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal,
with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO THAT:
Section 1:
Pursuant to the procedures and standards set forth in Land Use Section 26.310, Amendments
to the Land Use Code and Official Zone District Map, City Council hereby rezones the
property located at 1201 Riverside Drive to the R-6 (medium-density residential) zone
district.
Section 2:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof
Section 4:
A public hearing on the ordinance was held on the 14th day of February, 2005, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 10lh day of January, 2005.
FINALLY adopted, approved and ordered published this 14th day of February 2005.
;ll;;; vi
Kathryn S. ch, City Clerk
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