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HomeMy WebLinkAboutordinance.council.026-83 RECORD OF PROCEEDINGS 100 Leaves (Series of AN ORDINANCE ADDING A "SPECIALLY PLANNED AREA" (SPA) ZONING DESIG- NATION TO PARCELS IN THE "LITTLE NELL" AREA OWNED BY THE ASPEN SKIING COMPANY NOW ZONED "CONSERVATION" (C) AND "LODGE-~" (L-l) AND SETTING FORTH CERTAIN EXPLANATORY CONDITIONS ON THE DESIGNA- TION WHEREAS, the Aspen Skiing Company (ASC) owns certain parcels of real property known as part of the "Little Nell" property now zoned "Conservation" (C) and "Lodge-l" (L-l), which property is more particularly described in the annexed Exhibit "A"; and WHEREAS, ASC has submitted an application to add a zoning designation of "Specially Planned Area" (SPA) to that part of the Little Nell property described in Exhibit "A"; and WHEREAS, ASC's expressed intent for this request is to enable it to prepare and submit a development plan for its integrated holdings in the Little Nell area; and WHEREAS, the parcels sought to be designated "SPA" hereunder are contiguous to other ASC land in the Little Nell area now zoned CC/SPA; and WHEREAS, ASC's application for this SPA designation has been processed under the procedural requirements of Article XII of Chapter 24 of the Aspen Municipal Code, as amended; and WHEREAS, it is acknowledged by the City and ASC that a Pre- cise Plan for the parcels designated SPA herein and other ASC- owned SPA parcels in the Little Nell area, pursuant to Section 24-7.2 of the Municipal Code, has not been submitted by ASC or reviewed or approved by the City; and WHEREAS, this designation request was reviewed by the Plan- ning and Zoning Commission and recommended for approval subject to the following substantive conditions: RECORD OF PROCEEDINGS 100 Leaves 1. That the existing underlying zone district designations for each parcel also designated "SPA" be maintained. 2. That any Precise Plan for the parcels designated SPA owned by ASC in the Little Nell area containing uses not permitted in the underlying zone district be processed under Article XII of Chapter 24 of the Municipal Code and reviewed under rezoning criteria set out in Section 24-12.5 of the Municipal Code, as amended; and WHEREAS, the City Council finds, upon the recommendation of the Planning and Zoning Commission and the Planning Office, and based on the representations of ASC, that these SPA designations will create no additional development rights on the parcel but rather enable ASC to prepare a comprehensive development plan for the Little Nell area to be submitted, subject to all existing regulations; NOW, THEREFORE~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the parcels owned by the Aspen Skiing Company (ASC), now zoned "Conservation" (C) and "Lodge-l" (L-l) and described on the annexed Exhibit "Aw, both be designated with a "Specially Planned Area" (SPA) overlay on the City's official Zoning District Map, which designations shall be subject to the following conditions: 1. That the existing underlying zone district designations for each parcel also designated SPA be maintained, and 2. That any Precise Plan for the parcels designated SPA owned by ASC in the Little Nell area containing uses not permitted in the underlying zone district, be processed under Article XII of Chapter 24 of the Municipal Code and reviewed under rezoning criteria set out in Section 24-72.5 of the Municipal Code, as amended. RECORD OF PROCEEDINGS 100 Leaves Section 2 That the City Engineer is hereby authorized and directed to amend the official Zoning District Map to designate the parcels described on EXhibit "A" from "C" and "L-I" to "C/SPA" and "L-I/SPA". 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. 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, READ AND ORDERED published as provided by law by the City Council of the City of Aspen on the ~_~ day of , 1983. Herman Edel, Mayor ATTEST: ~th~yn S. K6c'h, City Cl~erk I RECORD OF PROCEEDINGS 100 Leaves FINALLY adopted, passed and approved this day of , 1983. Herman Edel, Mayor 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 City ~ouncil of the City of Aspen on ~ // , 19f~ , 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 Kathryn~. Koch, City C~erk S E A $ Deputy City Clerk