HomeMy WebLinkAboutordinance.council.025-99 ORDINANCE N0. 25
(SERIES OF 1999)
AN ORDINANCE OF TIlE CITY COUNCIL, OF TIlE CITY OF ASPEN,
COLORADO, ASSIGNING LOT #1, BURLINGAME RANCH SUBDIVISION, TO
TIlE CONSERVATION (C) AND RURAL RESIDENTIAL (RR) ZONE DISTRICTS.
PARCEL NO. 2735-031-00-805
WHEREAS, a parcel of land located on either side of State Highway 82 at the Owl
Creek Road intersection, commonly referred to as "Burlingame Ranch" was annexed into the
City of Aspen on May 10, 1999, pursuant to Ordinance No. 16, Series of 1999; and,
WHEREAS, the City Council of the City of Aspen must designate a zone district fok
the property within 90 days of the annexation; and, \\
WHEREAS, pursuant to Ordinance Number 23, Series of 1999, the land was
subdivided into two lots, the Burlingame Ranch Subdivision, and Lot # 2 of said Subdivision
was included in the Residential Multi-Family (RMF-A) Zone District; and,
WHEREAS, Lot # 1 of the Burlingame Ranch Subdivision is legally described in
Exhibit A,
WHEREAS, the City Council may approve Amendments to the Official Zone
District. Map (Rezoning) after taking and considering recommendations from the Community
Development Director, the Planning and Zoning Commission made at a duly noticed public
hearing, and taking and considering public testimony at a duly noticed public hearing in
c0nf6rmance with the review criteria set forth in Section 26.92; and,
WI-IEREAS, the Community Development Department analyzed Lot # 1 of the
Burlingaine Ranch Subdivision and recommended the property be included in the
COnserya~ion (C) and Rural Residential (RR) Zone Districts; and,
W!tEREAS, during a duly noticed public hearing on June 1, 1999, the Planning and
Zoning Commission took and considered public testimony and recommended, by a six to one
vote (6-1),City Council include this property in the Conservation (C) and Rural Residential
(RR) Zone Districts; and,
WHEREAS, the boundaries for said zone district designations are described herein;
WHEREAS, City Council reviewed and considered the recommendations of the
Community Development Director and the Planning and Zoning Commission during a duly
noticed public hearing; and,
WHEREAS, the City Council finds that the Conservation (C) and Rural Residential
(RR) Zone Districts, as applied to Lot # 1 of the Burlingame Ranch Subdivision with the
boundaries described herein, are the most appropriate zoning classifications for this property,
meeting or exceeding all applicable standards, and 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.
Ordinance No. 25, Series of 1999.
Page I
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1:
The Official Zone District Map of the City of Aspen shall be amended by the
Community Development Director to reflect Lot #1, Burlingame Ranch Subdivision,
as described in Section 2, as included in the Conservation (C) and Rural Residential
(RR) Zone Districts. The Community Development Director shall use the survey
descriptions contained in Section 2 as the basis for determining the zoning
boundaries.
Section 2:
Burlingame Ranch Subdivision Lot #1 Legal Description:
Lot #1 of the Burlingame Ranch Subdivision is legally described as a tract of land
located in the west ½ of section 2, Section 3, and the noahwest ¼ of the northwest ¼
of Section 2, all in T10S, R85W of the 6th P.M., Pitkin County, Colorado, more fully
described in Exhibit A.
Land to be included in the Rural Residential (RR) Zone District:
Land to be included in the Rural Residential Zone District shall include:
1. The portion of Burlingame Ranch residing east of State Highway 82 and
commonly referred to the "bowl" and legally described as land located in the west ½
of Section 2 T10S, R85W of the 6th P.M., Pitkin County, Colorado, more fully
described in Exhibit B as "Parcel A."
2. The portion of Burlingame Ranch residing east of State Highway 82 and south of
the Aspen Airport Business Center, legally described as land located in the northeast
¼ of Section 3, T10S, R85W of the 6th P.M., Pitkin County, Colorado, more fully
described in Exhibit B as "Parcels C & D."
Land to be included in the Conservation (C) Zone District:
Land to be included in the Conservation Zone should include:
The entire portion of Lot # 1, Burlingame Ranch Subdivision, as described in Exhibit
A, excluding the lands described in Exhibit B intended for the Rural Residential
Zone District.
Land Within Road Rights-of-Way:
All land within State Highway 82 and other public street rights-of-way shall be
zoned consistent with the City Zone District designation of the adjacent parcel. In
the event the right-of-way is bordered by two different City zone districts, the center
line shall become the zoning boundary. In the event the right-of-way is bordered
entirely by parcels in Pitkin Countyjurisdictlon, the zoning for that area of the right-
of-way shall be consistent with the City Zone District designation of the parcel in
closest proximity.
Section 3:
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 conducted and concluded
under such prior ordinances.
Ordinance No. 25, Series of 1999.
Page 2
Section 4:
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 5:
That the City Clerk is directed, upon the adoption of this Ordinance, to record among
the real estate records of the Pitldn County Clerk and Recorder a copy of this Ordinance.
Section 6:
A public hearing on the Ordinance was held on the 12th day of July, 1999, at 5:00 in the
City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to
which hearing a public notice of the same was published in a newspaper of general
circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City C~uncil of the City of Aspen on the 14th day of June, 1999.
;!iityClerk
Richards,
"~ IL~AL'Lx2~;adopted, passed and approved this/~ day of ~999.
~City Clerk chards
Approved as to form:
IIIIIII IIIII IIIIII IIIII IIIIII IIII IIIIII III IIIII IIII IIII
437962 11/23/1999 69:5511 ORDZNI:INC DI:IVZ$ SZLVZ
.,y/~.///..~,~ 3 ~f 9 R 45.06 D 0.00 N e.00 PZTKZN COUNTY CO
C Art
ity~ or
Exhibit A -- Legal Description of Lot # 1, Burlingame Ranch Subdivision
Exhibit B -- Legal Descriptions for Zoning Boundaries
Ordinance No. 25, Series of 1999.
Page 3
Engineers/Surveyors Jl,lne 21, 1999
~ulde~
C~10r~oSprm?_~ A legal description of a tract of land located in
Gr~ey the W1/2 Of Section 2, T10S, R85W of the 6th P.M.,
Pitkin County, Colorado to be rezoned described as
4~0 Pc=! ~st ~lc fo1 lOWS:
SuiTe 114
B0u]der. Colorado 80301-1~75
P/~RCEL A
30322 =338
303~2 a373 Fax
CommenCing at ~he W1/4 corner of said Section 2 from which the
Northwest Comer of said Section 2 bears N03°54'00"E thence
N54o23'lS"E, 1167.08 feet to the Westerly line of that tract of
land as described in deed recorded in Book 351 at Page 144 of the
records Of Pitkin County and the TRUE POINT OI BEGINNING.
The following courses and distances are aiong'the Westerly and
Southwesterly line of the tract of land as described in said Boo~
351 at Page 144:
Thence S02'19'31"W 172.74 feet;
Thence S00~09'12"E 57.52 feet;
Thence S24~33'30"E 90.25 feet;
Thence S23°O6'36"E 294.=9 feet;
Thence Slg~00'16"E 80.14 feet;
Thence S01~13'45"E 243.16 feet;
Thence S02°09'17"W 16S.45 feet to the North line of that tract
of land as described in deed recorded in Book 181 at Page 320 of
the records of Pitkin County, Colorado;
Thence leaving the Westerly line of that tract of land as
described in said Book 351 at. Page 144, NS7*13'00"W, 324.69 feet
along the Northerly line of that tract of land as described in
said Book 181 at page 320 to the Northwest corner thereof;
(S- Pulling - 5665-5C - 5028L3.SP)
IIIIIII IIIII IIIIII IIIII IIIIII IIII MII III MI IIII IIII
437962 11/23/1999 69:55R ORDINIINC DRVIS SILVI
5 o.F 9 e 45.9o o e.ee N e.ee PITKIN COUNTY CO
Legal Description (Continued) Page 2
Thence S01~46'00"E, 233.55 feet along the West line of that tract
of land as described in said Book 191 at Page 320;
Thence Northwesterly, 1~7.S3 feet along the arc of a ~rve
concave Northerly said arc having a radius of 646.68 feet, a
central angle of 11°19'34" and being subtended by a chord that
bears N76~31'OlmmW, 127.63 feet;
Thence N29~07'50"W, 26.~9 feet;
Thence Northwesterly, 74.84 feet along the arc of a curve concave
Southwesterly said arc having a radius of 1=26.1~ feet, a central
angle of 03~29'50'' and being subtended by a chord that bears
N30~52'45"W, 74.83 feet;
Thence Northwesterly, 217.44 feet along the arc of a cu~e
concave Southwesterly said arc having a radius of 615.87 feet, a
central angle of 20°13'43" and being subtended by a chord that
bears N47°39'27"W, 216.31 feet;
Thence Northwesterly, i7.=4 feet along the arc of a curve concave
Southwesterly said arc having a radius of 36.57 feet, a central
angle of 27~01'00" and being subtendei by a chord that bears
N65~54'20"W, 17.09 feet;
Thence Northwesterly, 181.80 feet along the arc of a curve
concave Northeasterly said arc having a radius of 110.00 feet, a
central angle of 94~41'39'm and being subtended by a chord that
bears N26°57,02"~, 161.80 feet;
Thence Northerly, 78.93 feet along the arc of a curve concave
Northwesterly said arc having a radi~ of 215.00 feet, a central
angle of 21~02'02" and being subtended by a chord that beats
N04~36'17"E, 78.49 feet;
Thence Northeasterly, 107.96 feet along the arc of a curve
concave Easterly said arc having a radius of.100.00 feet, a
central angle of 61~51'=6" and being subtended by a chord that
bears N22e05'39"B, 102.79 feet;
Thence'N32~46'23"~, 253.93 feet;
Thence Northerly, 93.73 feet along the arc of a curve concave
westerly said arc having a radius of 77.03 feet, a central angle
of 69~42'58" and being subtended by a chord that bears
N06~l{'58"E, 88.05 feet;
Thence Northeasterly, 178.74 feet along the arc of a curve
(S.Pulling - 566~-5c - 5028L3.Sp)
IIIIIII IIIII Illill Illll IIIIII Illl IIIIII Ill IIIII IIII IIII
437962 11/23/1999 09:55R ORDXNRNC DRVZS STLVZ
s .f 9 e 49.9o 6 s.ee N e.ee PITKIN COUNTY CO
Legal Description (Continued) June 21, 1999 Page 3
concave Southeasterly said arc having a radius of 99.38 feet, a
central angle of 103~02'59'' and being subtended by a chord that
bears N29~51,34,,E, 155.60 feet;
Thence Northerly, 62.83 feet along the arc of a curve concave
Southwesterly said arc having a radius of 20.00 feet, a central
angle of 180Q00,00,, and being subtended by a chord that bears
N11020'50"W, 40.00feet;
Thence S78~39'10"W, 108.72 feet;
Thence Northwesterly, 70.00 feet along the arc of a curve concave
Northeasterly said arc having a radius of 35.00 feet, a central
angle of 114o35,30" and being subtended by a chord that bear~
N44e03'O5"W, 58.90 feet;
Thence Northeasterly, 238.21 feet along the arc of a curve
concave Southeasterly said arc having a radius of 207.35 feet, a
central angle of 65049'23" and being subtended by a chord that
bears N45917,23"E, 225.32 feet;
Thence Easterly, 301.60 feet along the arc of a curve concave
Southerly said arc having a radius of 646.68 feet, a central
angle of 26o43'18- and being subtended by a chord that hears
Nal~46'22"E, 298.87 feet;
Area = 14.231 acres more Or less
Legal Description Prepared By:
Scott A. Pulling, PLS#27936
Drexel Bartell & Company
4840 Pearl East Circle, Suite 114
Boulder, Colorado 80301-2475
(303) 442-4338
I IIIIll IIIll IllIll IIIll IIIIII Illl IIIIII III IIIII IIII IIII
437962 11/23/1999 09:55A ORDZN~NC D~VZS SILV%
7 .( 9 e 45.9o D e.ee N e.ee PXTKZN COUNTY CO
(S. Pulling - 5665-5C - 5028L3.SP)
"":' t-, Drexel BarrelI~co.
Ju~e 10, 1999
Borden
Co{omaoSpfin~. A legal description of a tract of land located in
O~ieF the ~1/4 of Section 3, T10S, R85W of ~e
P.M., Pi~in County, colorado to be rezoned
~0 P~=! E~ Circ~ described as follows:
BouI~. Color;do S0301-2;75 '
303 ~ 4373 F~I
Co~encing at the Nor~eas~ corner of said Section 3 ~ence
S03~54'00"~, 60_83 fee~ along ~he ~ast line of the NE1/4
Section 3 to ~e ~UE ~INT OP BEGIHING.
Thence S03~54'OO"W, 628.59 feet along the ~ast line of the NE1/4
of saia Section 3;
Thence S34°10'31"W, 104.09 feet;
Thence S46°43'49"W, 171.11 feet;
Thence S31007'15"W, 28.33 feet;
Thence S16~45'45"W, 50.87 feet;
Thence S12e34'30"W, 57.66 feet;
Thence Southwesterly, 229.84 feet along =he arc of a curve
concave to the Northwest said arc having a radius of 793.11, a
central angle of 16°36'14" being subtended by a chord that bears
S27eS0'56"W, 229.03 feet;
Thence S41e21'17"W 196.41 feet;
Thence Southwesterly, 196.02 feet along the arc of a curve
concave to the ,Southeast said arc having a radius of 660.85, a
central angle of 16o59'43" being subtended by a chord that bears
S36ooot46-w, 195.30 feet; ~ ::'~'~
(S.Pulling -- 5665--5C -- 5033L.SP)
IIIIIII IIIII M IIIII IIIIII IIII MII III IIIII IIII IIII
437962 11/23/1999 99:551:10RDXNGNC DI:IVXS SXLVX
8 of 9 R 4s.ee D e.ee N e.e9 pTTKTN COUNTY CO
.Legal Description (Continued) May31, 1999 Page 2
Thence N89~57'53"W, 232.36 feet to the East right-of-way line of
Colorado State Highway No. 82 as described in deed recorded in
Book 157 Page 535 of ~he records of Pitkin County, Colorado;
Thence N03°14'00"E, 512.82 feet along the East right-of-way line
of said Colorado State Highway No. 82 to the South line Of a
tract of land as described in deedrecorde~ in Book 243 at Page
773 of the records of Pit. kin County, Colorado~
Thence along the South and Southeasterly line of that deed
recorded in sai~ Book 243 at Page 773, the following (4)courses:
Thence S86~46'04"E, 356,35 feet;
Thence N21932'23"E, 711.89 feet;
Thence N28~46'07"~, 201.45 feet;
Thence N38~25'48"=, 174.73 feet to the East line of the NE1/4 of
said Section 3 and the TRUE POINT OF
Area = 8.818 acres more or less
Legal Description Prepared By:
Scott A. Pulling, PLS#27936
Drexel Barrell & Company
4840 Pearl Bast Circle, Suite #114
Boulder, CO 80301-2475
(303) 442-4338
IIIIIII IIIII IIIIII IIIII IIIIII IIII IIIIII III IIIII Ill IIII
437962 3.~./23/Z999 99:5511 ORDIN11NC D11VI$ $ILVI
9 of 9 R 45.9e O e.ee N 6.00 PITKZN COUNTY CO
(S.Pulling - 5665-5C - S033L.SP)