HomeMy WebLinkAboutordinance.council.027-83 RECORD OF PROCEEDINGS 100 Leaves
ORDINANCE NO. 27
(Series of 1983)
AN ORDINANCE REZONING THE EASTERLY 9.27 FEET OF LOT Q, ALL OF LOTS
R & S, BLOCK 105, IN AND TO THE CITY AND TOWNSITE OF ASPEN, PITKIN
COUNTY, COLORADO, FROM "O" (OFFICE) TO "CL" (COMMERCIAL-LODGE)
WHEREAS, an application has been submitted to rezone the fol-
lowing described property from "O" (Office) to "CL" (Commercial
Lodge):
The Easterly 9.27 feet of Lot Q, all of Lots R & S, Block 105
City and Townsite of Aspen,
Pitkin County, Colorado
and,
WHEREAS, the property owner as an inducement to the City
Council to grant his rezoning application has agreed on behalf of
himself, his heirs, successors and assigns to the establishment of
a restriction of 1 to 1 external floor area ratio permanently on
the site, and
WHEREAS, the City Council finds the requested rezoning to
"CL" (Commercial Lodge) to be compatible with surrounding zone
districts and land use in the vicinity of the site, and
WHEREAS, the "CL" (Coam~ercial Lodge) zone is a proper zone
for this site due to its proximity to both commercial and lodging
uses and because the current use of the site is commercial and
lodge, and
WHEREAS, the Aspen Planning and Zoning Commission recom~ended
that the site not be rezoned and has expressed a concern that a
"CL" (Commercial Lodge) zone designation would allow an exces-
sively large structure to be placed on the site, and
WHEREAS, the property owner has voluntarily agreed to main-
tain a 1 to 1 external floor area ratio permanently on the site,
and
RECORD OF PROCEEDINGS 100 Leaves
WHEREAS, having considered the recommendation of the Planning
and Zoning Commission the City Council desires that the easterly
9.27 feet of Lot Q, all of Lots R and S, Block 105, in and to the
City and Townsite of Aspen, Pitkin County, Colorado, be rezoned
from "O" (Office) to "CL" (Commercial-Lodge),
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That it does hereby rezone to use the following described
property from "0" (Office) to "CL" (Commercial-Lodge), subject to
the regulations applicable to said zone district as described in
Chapter 24 of the Municipal Code of the City of Aspen, as now
exists or may hereafter be amended:
Easterly 9.27 feet of Lot Q, all of Lots R and S,
Block 105, City and Townsite of Aspen,
Pitkin County, Colorado
and that, as agreed to by the owner of the property on behalf of
himself, his successors and assigns, as an inducement to the City
Council to grant such rezoning, the owner shall restrict the
external floor area ratio governing said property to a maximum of
1:1 and retain the present number of legal parking spaces, which
restrictions shall be evidenced by a deed restriction approved as
to form by the City Attorney and recorded by the owner.
Section 2
That the Zoning District Map be and hereby is amended to
reflect the rezoning described in Section 1 and that the City
Engineer is hereby authorized and directed to amend said map to
reflect the aforesaid rezoning.
Section 3
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
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.
RECORD OFPROCEEDING$ 100 Leaves
Section 4
A public hearing on the ordinance shall be held on the
day of ~ /~ , 1983, at 5:00 P.M. in
the City Council Chambers, Aspen City Hall, Aspen, Colorado, 15
days prior to which hearing notice of the same shall be published
once in a newspaper of general circulation within the City of
Aspen.
INTRODUCED, MAD MD ORDERED published as provided by law by
the City Council of the City of Aspen on the ~ day of
, 1983.
ATTEST:
Kathryn S.~Och, City Clerk
FINALLY adopted, passed and approved this d~r day of
, 1983.
ATTEST:.
Kathryn S.~Koch, City Clerk
RECORD OF PROCEEDINGS 100 Leaves
STATE OF COLORADO )
ss CERTIFICATE
COUNTY OF PITKIN )
I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do
hereby certify that the above and foregoing ordinance was
introduced, read in full, and passed on ~
reading at a regular meeting of the CityL/'fCouncll o the
City of Aspen on ~/~ ~. , 19 ~3 , and published
in the Aspen Times a weekly newspaper of general circulation
published in the City of Aspen, Colorado, in its issue of
~ /~ , 19 ~, and was finally adopted
and approved at a regular meeting of the City Council on
~.~ ~ , 19~ ,. and ordered published as
Ordinance No. ~ , Series of 19 ~ , of said City, as
provided by law.
IN WITNESS WHEREOF, I have hereunto set my hand and
the seal of said City of Aspen, Colorado this ~ day
19~
Kathryn ~/ Koch, C±t¥ Clerk
SEAL
Deputy City Clerk