HomeMy WebLinkAboutordinance.council.006-87 ORDINANCE NO. ~'
(Series of 1987)
AN ORDINANCE REZONING APPROXIMATELY ONE ACRE OF LAND GENERALLY
LOCATED SOUTHEAST OF THE ASPEN ALPS CONDOMINIUMS EAST OF THE
SILVER QUEEN GONDOLA AT THE BASE OF ASPEN MOUNTAIN,
THE CITY OF ASPEN, PITKIN COUNTY, COLORADO
FROM C (CONSERVATION) TO R-15 PUD (RESIDENTIAL)
WHEREAS, an application has been submitted by the Gaard
Moses family to rezone to R-15 (PUD) a one acre parcel of land
generally located on the old Midland Railroad spurline, southeast
of the Aspen Alps, east of the Silver Queen gondola and specific-
ally described in Attachment 1; and
WHEREAS, the parcel is presently zoned C (Conservation); and
WHEREAS, as part of the rezoning request, the Moses family
has submitted a subdivision exception request for the purposes of
creating two lots; and
WHEREAS, at a duly noticed public hearing held on January
28, 1987. The Aspen Planning and Zoning Commission did recommend
that the subdivision exception and rezoning be approved; and
WHEREAS, the application has been found to be generally
consistent with Section 24-12.5 of the Land Use Code which
establishes criteria for rezoning; and
WHEREAS, the City Council has found that due to the existing
topography of this particular site east t~i_~ of the Little Nell
ski run, the old Midland Railroad spurline rather than the 8040'
elevation line is a logical dividing line between the C (Conser-
vation) zone and residential districts; and
WHEREAS, the Aspen City Council has considered the recommen-
dation of the Planning and Zoning Commission and has determined
the proposed rezoning to be compatible with surrounding zone
districts and land use in the vicinity of the site.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
That it does hereby rezone to R-15 PUD the area generally
located southeast of the Aspen Alps Condominiums, east of the
Silver Queen Gondola at the base of Aspen Mountain (specifically
described in Attachment 1).
That the Zoning District Map be amended to reflect the
rezoning described in Section I and the City Engineer's authoriz-
ed and directed to amend the map to reflect the zoning change.
That the City Clerk is directed upon adoption of this
ordinance to record a copy of this ordinance in the office of the
Pitkin County Clerk and Recorder.
If any section, sub-section, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional by and 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.
A public hearing on the Ordinance shall be held on the-~.~~
day of ' °~: 1987, at 5:00 P.M. in the City Council Chambers,
Aspen City Hall, Aspen, Colorado, fifteen (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.
IH~RODUCED, READ AND ORDERED published as provided by law by
the City Council of tl,~ Cl~y of Aspen on the 23rd day of
February, 1987.
William L. Stirling, May~
Kathryn ~'. Ko~h, City Clerk
FIHALLY adopted, passed and approved this~ day
1987.
William L. Stirling, Ma~/or
Kathryn S/Koch, City Clerk
gh.49
Attachment !
Legal Description
A tract of land situated in Section 18, Township 10 South, Range
84 West of the Sixth Principal Meridian, being part of the Little
Nell Mining Claim MS 3881 AM described as follows:
Beginning at corner no. 5 MS 3881 (Little Nell) thence North
43o28'44" East 136.76 feet along the line 5-4 MS 3881; thence
South 43028'44", East 203.47' to line 1-4 MS 1830 AM (Chance);
thence South 45000' West 297.01' feet along line 1-4 MS 1830 AM
(Chance); thence North 05o19'34" West 259.54 feet to the point of
beginning containing 1.0 acres more or less.