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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