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HomeMy WebLinkAboutordinance.council.085-75RECORD OF PROCEEDINGS 1 O0 Leaves ORDINANCE NO, 85 (Series of 1975) AN ORDINANCE CREATING A NEW ZONING DISTRICT TO BE KNO~N AS THE "OPEN SPACE ~ OS" ZONE; STATING AS THE PURPOSE THEREOF THE PROVISION OF OPEN SPACE TO PROMOTE SCENIC BEAUTY, CONTAIN URBAN SPRAWL~ PROTECT AREAS OF ENVIRONMENTAL CONCERN AND RE- DUCE POLLUTION; DESIGNATING AS PERMITTED USES AGRICULTURAL ACTIVITIES, WILDLIFE SANCTUARIES, PASSIVE PARK AND RECREATIONAL USES, AND RAILWAY RIGHT-OF-WAY, BUT LIMITING STRUCTURES WHICH MAY BE CONSTRUCTED IN CONJUNCTION WITH SUCH USES WHEREAS, through its general plan and zoning ordinance based thereon, the City of Aspen provides a comr~unity in which essentially every type of land use is permitted and exits includ- ing lands devoted to residential, commercial, industrial, office, lodge, academic and public,park and conservation uses, and WHEREAS, having provided this extensive range of uses, the City Council recognizes that the category of open space land is a land use equal in importance to the traditional categories enumerated above, and further recognizes that the City has essentially reached the saturation point in permitting a broad range of developed land uses, which point cannot be exceeded with- out an unnecessary and unjustified disregard of the importance of leaving undeveloped that open space land still remaining within the City limits, or providing an open space zone dis- trict that may be applied to future annexations and WHEREAS, ~he City Council appreciates that once portions or all of the remaining open space land within the City limits is permitted to develop with any substantial degree of intensity as traditionally permitted, the opportunity to recover its open space character will have been virtually lost and open space RECORD OF PROCEEDINGS ........................... 100 Leaves land is a critically limited and valuable resource which must be preserved and conserved wherever possible, and WHEREAS, the presentation and conservation of open space land is necessary to assure its continued availability for agricultural purposes, for use as passive parks and limited recreational purposes, for the enjoyment of scenic beauty, for protection of the ecology and environment, for containment of urban sprawl, and reducsd air, water and noise pollution, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: ~ection 1 That Section 24-3.2 of the Municipal Code of the City of Aspen, Colorado, is hereby amended by the addition of a new zone district, the elements of which zone district shall pro- vide as follows: "District Open Space-OS Intention To provide areas for agricultural, passive park and limited recreational uses;to provide for open space areas such as to promote scenic beauty, contain urban sprawl, protect areas of ecological and environmental importance, and reduce air, ~ater and noise pollution. Permitted Uses Agricultural uses including crop production, orchards, pasture and grazing lands, dairying, tree farming and other farm and agricultural uses provided no principal buildings are con- structed; wildlife sanctuaries; passive park and recreational uses provided no structures or other improvements are permitted; railway right-of-way, but not including railway yards, terminal or maintenance and fueling facilities. Conditional Uses C RECORD OF PROCEEDINGS 100 Leaves Section 2 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such in- validity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid pro- visions or applications, and to this end the provisions or applic- ations of this ordinance are declared to be severable. Section 3 That a public hearing be held on this ordinance on , 1975 at 5:00 P.~. in the City Council Chambers, City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same shall be published in a news- paper of general circulation within the City. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, at its regular meeting held , 1975. ATTEST: STACY STANDLEY III, MAYOR KATHRYN S. IC~UTER, CITY CLERK FINALLY ADOPTED AND APPROVED ON , 1975. ATTEST: STACY STANDLEY III, ~YOR ~ATHRYN S. HAUTER, CITY CLERK -3-