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HomeMy WebLinkAboutordinance.council.053-85 ORDINANCE NO. 53 (Series of 1985) AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, EXTENDING THE BOUNDARY OF THE SPAY OVERLAY ACROSS A PORTION OF THE LITTLE NELL BASE AREA WHEREAS, pursuant to Ordinance 20, Series of 1985, the Aspen Skiing Company (hereinafter "Applicant") did submit a proposal for the redevelopment of the Little Nell Base Area; and WHEREAS, included within said application is a request by the Applicant to extend the boundary of the SPA overlay across the site, to include the 43,728 square feet of land now zoned CC/SPA, plus an addition 44,839 square feet proposed to be zoned C/SPA, all as shown in Section 1; and WHEREAS, the Aspen Planning and Zoning Commission did hold a public hearing on August 20, 1985, to consider the applicant's SPA boundary change proposal, and did make findings as to the public benefit of said redesignation and recommend its approval in the Commission's Resolution 85-18; and WHEREAS, having received and considered the recommendation of the Commission, the Aspen City Council does wish to extend the boundary of the SPA Overlay across a portion of the Little Nell base area due to its confirmation of the Commission's finding that: "The requested extension of the boundary of the SPA overlay into the Conservation zone provides public benefit by integrating the planning for the lifts with the remainder of the base area redevelopment plan. The redesignation meets the test of Section 24-7.2(C) of the Code due to the unique location of the parcel as the summer and winter gateway to Aspen Mountain and the potential year-round recreational benefits to the community which can be provided on this site." 1 NOW, T~EREFORE BE IT ORDAINED BY TEE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That it does hereby rezone to "C/SPA - Conservation with an SPA Overlay", the following described land, A parcel of land situated in the City of Aspen, Pitkin County, Colorado, more fully described as follows: Beginning at the Southwest corner of Lot A, Block 102, City of Aspen; Thence S 14o50'49" W 55.92 feet along the Westerly line of said blockil02 to the intersection with line 1-10 of the G.H. Hewitt mill site as depicted on the map of Ute Addition to the City of Aspen filed in Town Plat Book 2 at Page 15 of the Pitkin :County records; Thence S 7:0o42'00" E 40.52 feet along said line 1-10 to corner 10 of said Hewitt mill site; Thence S 51053'00" E 40.80 feet along line 10-9 of said Hewitt mill!site to corner No. 9; Thence S 40o06'00" E 114.44 feet along line 9-8 of said Hewitt mill site and the extension thereof to the intersection with the Westerly line of Lot 21, Ute Addition to the Citylof Aspen; Thence S 45o21'00" W 113.53 feet along said Westerly line to the Southwest corner of Lot.21, Ute Addition, said corner being also a point on line 1-9 of the Original Aspen Townsite; Thence N 75009'11" W 50.00 feet; Thence N 14050'49" E 51.30 feet; Thence N 30o09'11" W 34.00 feet; Thence N 75o09'11" W 235.35 feet; Thence N 15o30'00" E 126.67 feet to a point on line 8-9 of the Original Aspen Townsite: Thence N 74o23'18" E 13.11 feet along line 8-9 to the corner No. 9 of the!Original Aspen Townsite; Thence S 40001'52" E 52.02 feet along line 1-9; Thence S 75o09'11" E 4.92 feet to a point on the Westerly line of Lot R, Block 98, City of Aspen; Thence N 14o50'49" E 10.00 feet along said Westerly line of Lot R to a point on the Southerly line of Dean Avenue; Thence S 75o09'11" E 60.24 feet along said Southerly line to a point on the westerly line of vacated Hunter Street; Thence N 14o50'49" E 50.00 feet along said Westerly line to the Southeasti corner of Lot I, Block 97, City of Aspen; Thence S 75o09'11" E 75.00 feet to the Southwest corner of Lot A, Block 102, City of Aspen, the point of beginning; 2 Containing 44,839 square feet, more or less. Also known as Description of Entire Little Nell S.P.A. A parcel of land situated in the City of Aspen, Pitkin County, Colorado, More fully described as follows: Beginning at the Northwest corner of Block 102 in said City of Aspen; Thence S 75o09'11" E 220.00 feet along the Northerly line of said Block 102 to a point 10.00 feet Easterly of the Northwest corner of lot H of said Block 102; Thence S 14050'49" W 241.76 feet to a point halfway between the Northerly line of Waters Avenue and the Southerly line of Ute Avenue; Thence N 75o09'11" W 29.34 feet along said halfway line to the intersection with the Northerly line of Lot 21, Ute Addition; Thence N 38o35'40" W 16.98 feet along said Northerly line of lot 21 to the Northwest corner of said lot 21; Thence S 45021'00" W 124.28 feet along the Westerly line of said Lot 21 to the Southwest corner of Lot 21, Ute Addition, said corner being also a point on line 1-9 of the Original Aspen townsite; Thence N 75009'11" W 50.00 feet; Thence N 14050'49" E 51.30 feet; Thence N 30009'11" W 34.00 feet; Thence N 75o09'11" W 235.35 feet; Thence N 15o30'00" E 126.67 feet to a point on line 8-9 of the Original Aspen Townsite; Thence N 74o23'18" E 13.11 feet along line 8-9 to corner No. 9 of the Original Aspen Townsite; Thence S 40o01'52" E 52.02 feet along line 1-9; Thence S 75o09'11# E 4.92 feet to a point on the Westerly line of Lot R, Block 98, City of Aspen; Thence N 14o50'49" E 10.00 feet along said Westerly line of Lot R to a point on the Southerly line of Dean Avenue; Thence S 75o09'11" E 60.24 feet along said Southerly line to a point on the Westerly line of vacated Runter Street; Thence N 14o50'49" E 50.00 feet along said Westerly line to the Southeast corner of Lot I, Block 97, City of Aspen; Thence S 75o09'11" E 75.00 feet to the Southwest corner of Lot A, Block 102, City of Aspen; Thence N 14050'49" E 100.00 feet along the Westerly line of said Lot A to the point of beginning; Containing 88,567 square feet, more or less Less the area presently zoned CC/SPA containing 43,728 square feet, more or less. 3 Section 2. That the Zoning District Map be and hereby is amended to reflect the rezoning described in Section 1 and the City Engineer is hereby authorized and directed to amend said Map to reflect said rezoning. SectiQn 3 That the City Clerk be and hereby is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the Office of the Pitkin County Clerk and Recorder. Section 4 That in the event the Aspen Skiing Company fails to obtain a building permit, or the growth allocation to the Little Nell Base Area Redevelopment Project otherwise shall expire, then the property described in Section 1 shall be rezoned to the C zone district, and its SPA overlay shall be removed from the zoning district map automatically and without a further act the City Council of the City of Aspen. Section..~ That if any portion of this Ordinance is found to be unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section.~ That a public hearing on the ordinance shall be held on the ~ day of ~ . . . , 198 ~. , at 5:00 p.m. in 4 the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which hearing notice of the same shall be published once in a newspa~r of general circulation within the City. INTRODUCED, READ MD ORDERED published as provided by law the City Council of the City of Aspen on the 23 day of September 1985. William L. ~ ATTE~:~.~ Kathryn CJ: K~h, City' cX~rk F1N~LL¥ adopted, ~ssed and approved on the day of ~,. , 1986. .... "' Wi~ii~ L Stlrling, M~yor i'ATTEST: ~ Kathryn 'S~Koch,'Clty Clerk 5