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HomeMy WebLinkAboutordinance.council.003-99 r\ ORDINANCE NO, 3 (SERIES OF 1999) AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF ASPEN, COLORADO, TO REZONE ISELIN AND ROTARY PARKS TO THE PARK (P) ZONE DISTRICT, WHEREAS, a parcel of land located west of the public school campus on Maroon Creek Road, commonly referred to as "Iselin and Rotary Parks" (the property), was annexed into the City of Aspen on January II, 1999, pursuant to Ordinance No, 53, Series of 1998; and, r--- WHEREAS, the property is approximately 21.269'= acres, parcel number 2735-142- 00-851, and is legally described in Attachment A of this Ordinance; and, WHEREAS, the City Council of the City of Aspen must designate a zone district for the property within 90 days of the annexation; and, 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. conformance with the review criteria set forth in Section 26,92; and, WHEREAS, the Community Development Department analyzed the parcel of land and recommended the property be included in the Public (PUB) Zone District; and, WHEREAS, during a duly noticed public hearing on March 2, 1999, the Planning and Zoning Commission took and considered public testimony and recommended, by a six to zero (6-0) vote, City Council include this property in the Public (PUB) Zone District; and, 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 requested the public hearing be re-noticed to consider the Park (P) Zone District; and, WHEREAS, the Community Development Director re-noticed the public hearing and recommended the property be included in to Park (P) Zone District, omitting uses not being considered in the master plan; and, , WHEREAS, the City Council finds that the Park (P) Zone District is the most . appropriate zoning classification for this property, meets or exceeds all applicable standards, ,. and 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: The Official Zone District Map of the City of Aspen shall be amended by the Community Development Director to reflect Iselin and Rotary Parks, as described in Attachment A, as included in the Park (P) Zone District. The Community Development Director shall use the annexation plat as the basis for determining this zoning boundary. r\ Ordinance No.3, Series of 1999. Page 1 --. .....- w- ow- "'It.~ GJ- w......;;; ...S- m= ..,- illS_ 'N_ s........= s..- lD- OlD- lD- S= . ..- SS- &i..- S- Z.. D_ s_ 00- s...- SO- ...- ."z= "'D- ...z- :ltn- ...= zo- D_ ne_ 0"'- c",- z - ...",= -<...- ,..- ne- 0"'- !!!! r Section 2: This Ordinance shaH not effect any existing litigation and shaH 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 shaH be conducted 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 shaH be deemed a separate, distinct and independent provision and shaH not affect the validity of the remaining portions thereof. Section 4: That the City Clerk is directed, upon the adoption ofthis Ordinance, to record among the real estate records of the Pitkin County Clerk and Recorder a copy of this Ordinance. Section 5: A public hearing on the Ordinance was held on the 22nd day of March, 1999, at 5:00 in the City Council Chambers, Aspen City RaH, 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, and continued to the 6th day of April with additional notice provided to property owners within 300 feet. (\ INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, .\~~;~1:y Council of the City of Aspen on the 8th day of March, 1999. . flI' -.c.f ""/" . "\1.A.ltesf:~"'~ :'~, ' ~> " '1- e. ~~. Kathryn .S: John ennett, Mayor . -'"",. .," ;"~ ('a'o. .},':).. ,.'" . . ~~c"'.~::..,..,' --',~ ;~NALiy,adoPted,passedandapprovedthis ~aYOf~, 1999. Attest: ~-!::!, 7. (\ ..'.' .....,::..-...-" .A.pJllro~d-as to form: .,' \...~ . S-., '.; :' ::-' t,.;. .,~....... ,{.'. dti.~ ,i;/'iff<( .. . .'~I'~ 'WOtyAltoraey; .. ~:,\li\~'L>""--' ,'.::-~," ~ ,i' \\ Q,(~~\. . / 'Legal description of property ~Ordin?,ll.ce'l\io" :Series of 1999. '...c~. -~-'. . _ / Pag~2 ' 11111111111111111111111111111111111I1111111111111111111 433967 08/02/1999 10:01A ORDINANC DAVIS SILVI 2 of 3 R 15,00 D 0,00 N 0,00 PITKIN COUNTY CO r lE'GAl ~~SCRIPl1CN r'\ A lRACT OF' LAND LOCATED iN lHE SWI/4 OF' SECllON II AND lHE N\\I/4 OF' SECllON 14 ALL IN llDS, R85W OF' lHE 6lH P.M.. COUNTY OF' PIl1<IN, STATE OF COLORADO. DESCRIBED AS FOLLOWS: BEGINNING AT lHE SI/4.CORNER OF SAID SECllON II, lHENCE S39'SI'oo'W. 1061,60 FEET ALONG lHE SOUlHEASTERL Y UNE OF' lHA T lRACT OF LAND AS DESCRIBED IN DEED RECORDED IN BOOK 119 AT PAGE 40 OF lHE RECORDS OF PIl1<IN COUNTY, COLORADO; lHENCE N42'JS'oo'W, 372.00 FEET ALONG lHE SOUlH~LY UNE OF lHAT lRACT OF LAND AS DESCRIBED IN SAID BOOK 119 AT PAGE 40: lHENCE N90'oo'oo'W. 178. 7S FEET ALONG lHE SOUlH UNE OF lHA T lRACT OF LAND AS DESCRIBED IN SAID BOOK 119 AT PAGE 40 TO lHE APPROXIMATE CENTER- UNE OF MAROON CREEK: lHE FOLLO\\lNG Fl'<E (S) COURSES AND DISTANCES ARE ALONG lHE APPROXIMATE CENTERUNE OF SAID MAROON CREEK: N3I.08120.W. 51.37 FEET; N07"29'45'E, 167,28 FEET: NIS"51'21'E, 86,99 FEET: NIS'02'28'E, 188.91 FEET: NIO'Ol'03'W, 71,19 FEET TO lHE SOUlH UNE OF lHE S\\I/4 OF SAID SECllON II: lHENCE, LEAVING lHE APPROXIMATE CENTERUNE OF SAID MAROON CREEK, SS9' 45'20'E, 26,91 FEET ALONG lHE SOUlH UNE OF lHE SWI/4 OF SAID SECllON II AND lHE SOUlHERL Y UNE OF MAROON CREEK CLUB SUBDIVISION (SOUlH)AN ANNEXAllON MAP RECORDED IN BOOK o4l AT PAGE 76 IN lHE RECORDS OF PIl1<IN COUNTY. COLORADO; lHENCE Noo'14'51'W, 201,82 FEET ALONG lHE EASTERLY UNE OF SAID MAROON CREEK CLUB SUBDIVISION (SOUlH) ANNEXA llON: lHENCE N33'Ol'14'E, 281,07 FEET ALONG lHE EASTERLY UNE OF SAID MAROON CREEK CLUB SUBDIVISION (SOUlH) ANNEXA 1l0N: lHENCE N02'I6'og'W, 264,36 FEET ALONG lHE EASTERLY UNE OF' SAID MAROON CREEK CLUB SUBDIVISION (SOUlH) ANNEXAllON~R!fO~~Y UNE OF lHA T TRACT OF LAND AS DESCRIBED IN DEED .. I~.'s ~,,7 .. ~>f.'p . AGE 214 OF lHE RECORDS OF PIl1<IN COUNTY, COLORAD , ~ .~;. I... !1 I V lHENCE SS6'32'3O' E, 60S,85 FEET ALONGA.:.~jL::JntlSfty Q ~~' lRACT OF LAND AS DESCRIBED IN SAID B06Kff~..4>I\~4 J\l';;'lH. _ :~T~~12~ ;~rR~~~S ~D~~! ~~D6l~~(J ~:/;t lHENCE SS6'32'20'E, 144.1S FEET ALONG lHE NORlHEASTERLY UNl ~H"l'f{Aer OF LAND AS DESCRIBED IN BOOK 304l AT PAGE 127 TO lHE NORlHWEST CORNER OF lHAT lRACT OF LAND AS DESCRIBED IN DEED RECORDED IN BOOK 246 AT PAGE 962 OF lHE RECORDS OF PI1l<IN COUNTY, COLORADO; lHENCE SOUlHEASTERLY, 129.76 FEET ALONG lHE ARC OF A CUR'<E CONCA'<E TO lHE NORlHEAST AND ALONG lHE NORlHEASTERL Y UNE .OF lHA T lRACT OF LAND AS DESCRIBED IN SAID BOOK 246 AT PAGE 962. SAID ARC HAVING A RADIUS OF 700.00 FEET. A CENlRAL ANGlE OF 10'37'14', AND BEING SUBTENDED BY A CHORD lHA T BEARS S6I'12'27'E, 129,S7 FEET: lHENCE 589'45'20'E, 50,85 FEET.ALONG lHE NORlHEASTERLY UNE OF lHAT lRACT OF LAND AS DESCRIBED IN SAID BOOK 246 AT PAGE 962 TO lHE NORlHEAST CORNER lHEREOF: lEA ESSlONAL IFORMA llON lK AND 1"'. , ~we.A:- A .,~ ~ I IOrd\'^C1l\~ ?, (~1 I '... ". i 11111111111111111111111111111111111I1111111111111111111 433967 08/02/1999 10:01A ORDINANC DAVIS SILVI 3 of 3 R 15.00 D 0,00 N 0,00 PITKIN COUNTY CO ------ -- --- --------- --- ------- ----- ---- .