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HomeMy WebLinkAboutordinance.council.008-05ORDINANCE NO. 8 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL ASSIGNING THE ZONING OF CONSERVATION (C) TO THE SOLDNER/BURLINGAME RANCH ANNEXATION PARCEL NO. 1. PARCEL 1D NUMBER: 273502300005 WHEREAS, a parcel of land situated in the Southwest ~¼ of Section 2, Township 10 South, Range 85 West of the Sixth Principal Meridian, commonly referred to as "Soldner/Burlingame Ranch Annexation Parcel No. 1" was annexed into the City of Aspen on October 12, 2004 through Ordinance No. 33, series of 2004; 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 property is approximately 0.605 · acres, legally described herein; and, WHEREAS, pursuant to Section 26.310 of the Land Use Code (Amendment to the Official Zone District Map), approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, the Community Development Department analyzed the parcel of land and recommended that it be designated as Conservation (C) Zone District; and, WHEREAS, during a regular meeting on January 4, 2005, the Planning and Zoning Commission conducted a duly noticed public hearing where, by a six to zero (6-0) vote, recommended that City Council assign the zoning of Conservation (C) to the subject property; and, WHEREAS, the Aspen City Council finds that the development review standards for an Amendment to the Official City Zoning Map have been met, and that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT ORDAINED: SECTION 1: That the Aspen City Council approves an amendment to the Official Zoning Map and directs the Community Development Director to effectuate such changes to the map, so that the land commonly referred to as "Soldner/Burlingame Ranch Annexation Parcel 1', as described below, be designated with Conservation (C) zone district. Soldner/Burlingame Ranch - Parcel 1 Legal D?e~lil~t~on: '% DESCRIPTION - SOLDNER/BURL1NGAM~,. :'~NCI4.~N~. EXATION PARCEL 1 A parcel of land situated in the Southwest ¼ of Section 2, Township 10 South, Range 85 West of the Sixth Principal Meridian, County of Pitkin, State of Colorado, said parcel being more particularly described as follows: Beginning at a point on the east line of the Burlingame Ranch as recorded in Plat Book 50 at Page 88 of the records of the Pitkin County Clerk and Recorder whence the West ¼ comer of said Section 2 bears N64°14'16"W a distance of 878.38 feet with all bearings contained herein being relative to a bearing of N04°41' 19"E between the W ¼ corner and the Northwest corner of said Section 2; thence S86°29'36'E along the boundary of said Burlingame Ranch a distance of 119.58 feet; thence S34°04'47'W a distance of 4.13 feet to the northeasterly corner of a parcel of land described on page t6 of Reception #497592; thence along the easterly boundary of said parcel of land the following two (2) courses, thence S13°54'40"W a distance of 403.00 feet; thence S26°t9'05'W a distance of 27.92 feet to a point on said Burlingame Ranch boundary; thence NO 1 °02'37"W along the boundary of said Burlingame Ranch a distance of 427.02 feet to the POINT OF BEGINNING, containing 26,366 square feet or 0.605 acres, more or less. SECTION 2: Xll material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, or the Aspen City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. 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. SECTION 4: If any section, subsection, sentence, clause, phi'ase, 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: A public hearing on the Ordinance will be held on the 28th day of February, 2005, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen days prior to which hearing a public notice of the same will be published in a newspaper of general circulation within the City of Aspen. SECTION 6: This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 24th day of January, 2005. 2 ATTEST: ~athryn Ko~{Ci(y Clerk FINALLY, ADOPTED, PASSED, AND APPROVED this 28th day of February, 2005. ATTEST: ' Kathryn S. I~/h, Cit~ Clerk APPROVED AS TO FORM: John ~Vor-¢~{~f_~ City A~orney