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HomeMy WebLinkAboutordinance.council.023-05ORDINANCE NO. 23 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL ASSIGNING THE ZONING OF CONSERVATION (C) TO LOT 1, PARCEL 2, PARK TRUST EXEMPTION. PARCEL ID NUMBER: 273502200802 WHEREAS, the subject parcel of land situated in Section 2 Township 10 South, Range 85 West of the 6th P.M. City of Aspen, County of Pitkin, State of Colorado, described as "Lot 1, of the Final Subdivision Plat of Parcel 2, Park Trust Exemption"; and, WHEREAS, said parcel was annexed into the City of Aspen on February 14, 2005 pursuant to Ordinance No. 40, 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 23.731 acres, legally described herein; and, WHEREAS, the subject property was part of the Burlingame Ranch COWOP process, the land use approvals for which are granted by the City Council; 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 heating after considering recommendations by 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, 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 described as "Lot 1 of the Final Subdivision Plat of Parcel 2, Park Trust Exemption" be designated with Conservation (C) zoning. SECTION 2: 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and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances.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 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 shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. SECTION 4: A public heating on the Ordinance will be held on the 25th day of April, 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 5: 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 11th day of April, 2005. K~~--~-ATTEST: ~CONTENT: Pl~let~ K~li~ K'[al~le~d, Mayor FINALLY ADOPTED, PASSED, AND APPROVED this 25th day of April, 2005. ATTEST: kathryn S. Ko2~(, ~ity Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: ~(kri~orc~s~'dr, ~ity Atto~rn~y