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HomeMy WebLinkAboutbocc.ord.013.1999IIIIIIIIIII111111fill IIIIIIM NIIIIIIIIII11111111 437006 10/25/1999 11:53A ORDINANC DAVIS SILVI 1 of 5 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Rezoning From the RS-30 PUD Zone District to the Rural and Remote Zone District of a Portion of the White River National Forest Maroon Bells-Snowmass Wilderness Area and the Area Surrounding the Confluence of the Bulldog and Avalanche Creeks, Including a 40± Acre Parcel Comprised of the Amazon Lode, the Anderson Lode, the Bunker Hill Lode and the Mascott Lode Mining Claims, Owned by Ajax Properties, Inc. and the Tom Sardy Family Trust ORDINANCE #99- / 3 RECITALS WHEREAS, the Board of County Commissioners of Pitkin County, Colorado ("BOCC") makes the following findings after consideration of the evidence and testimony presented at a public meeting on March 24, 1999 and public hearing on April 14, 1999: I. INTRODUCTION AND PROPERTY DESCRIPTION A. This is a County -initiated rezoning action changing the zoning on a parcel of land from the RS-30 PUD zone district ("RS-30 PUD"), section 3-40-110 of the Pitkin County Land Use Code, to the Rural and Remote zone district ("R/R"), section 3-40-115 of the Pitkin County Land Use Code. B. The property to be rezoned R/R is a portion of the White River National Forest Maroon Bells-Snowmass Wilderness area and the area surrounding the confluence of the Bulldog and Avalanche Creeks, including a 40f acre parcel comprised of the Amazon Lode, the Anderson Lode, the Bunker Hill Lode and the Mascott Lode mining claims, owned by Ajax Properties, Inc. and the Tom Sardy Family Trust. Basically this is an extension of the existing zoned RJR area of the Maroon Bells Wilderness area west to include most of the Wildemess Area and a small area outside of the Wilderness Area near the confluence of the Bulldog and Avalanche Creeks above Redstone and Highway 133. C. The area to be rezoned R/R is depicted on Attachment "A," and described in Attachment "B." II. JUSTIFICATION FOR REZONING A. The BOCC finds that the rezoning comports with the Pitkin County Land Use Code, section 3-220-020, Rezoning: 111111111111111111 11111111111 1111111111III 1111111111111 Ordinance #99- /3 437000 10/25/1999 11:53A ORDINANC DAVIS SILVI Page 2 2 of 5 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 1. The development resulting from the rezoning from the RS-30 PUD zone district to the R/R zone district will not conflict with any applicable sections of the Land Use Code; 2. The rezoning from the RS-30 PUD zone district to the R/R zone district is consistent with Pitkin County master plans; 3. The rezoning from the RS-30 zone district to the R/R zone district is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics; 4. The rezoning from the RS-30 PUD zone district to the R/R zone district will not result in demands on public facilities, and will not exceed the capacity of such public facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities; 5. The rezoning from the RS-30 PUD zone district to the R/R zone district will not result in significant adverse impacts on the natural environment; 6. The rezoning from the RS-30 PUD zone district to the R/R zone district is consistent and compatible with the community character; and 7. The rezoning from the RS-30 PUD zone district to the R/R zone district is not in conflict with the public interest. 8. There have been changed conditions affecting the area proposed for rezoning, including the initial enactment of R/R and zoning of such lands R/R immediately adjacent to the area proposed to be rezoned. 9. The existing RS-30 PUD zoning on the area proposed for rezoning is inconsistent with County master plans, whereas the R/R zone district is consistent with such plans. B. The area proposed for rezoning is surrounded by land that is zoned R/R. C. The rezoning will substantially advance legitimate government purposes as set forth herein. NOW THEREFORE, be it ordained by the Board of County Commissioners of Pitkin County, Colorado, that it does hereby rezone the property as described herein and in Attachments A and B hereto from the RS-30 PUD zone district (section 3-40-110, Pitkin County Land Use Code) to the R/R zone district (section 3-40-115, Pitkin County Land Use Code). 1 IIIIII IIIII IIIIII IIIII 111111 11111111110111111001111 Ordinance #99- ' 3 437005 10/25/1999 11:53A ORDINANC DAVIS SILVI 3 of 5 R 0.00 D 0.00 N 0 00 PITKIN COUNTY CO Page 3 INTRODUCED, FIRST READ ON THE 24th DAY OF MARCH, 1999, AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 14th DAY OF APRIL, 1999. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON APRIL 3,1999. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 14th DAY OF APRIL, 1999. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON 2y JQ. THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER DATE OF PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Onatti.k L$idee R. Dean Deputy County Clerk APPROVED AS TO FORM: Leslie Lam Chair Date:1f/ 93 q' Johhh Vl. Ely, t1 41 & uA k_kk$s- County-Attorney. AS'swf CoN,1 Am - carcvm104/06/99 0'.\,94-i3 o fJ' IF 1E111 1111110111111111111 1111EI I I I I I I 111111111 437006 10/25/199S 11:53P ORDINRNC DAVIS SILVI 4 of 5 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Proposed Rural & Remote Boundary Extension 'V. Inch -DMA. e 11Il.M. C...hAnwl N.-*, IIN n 99- l3 111111111111111111 IIIII 11E11 1111 III 11111 1111 437006 10/25/1999 11:53P ORDINRNC DAVIS SILVI 5 of 5 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT "B" Legal Description of a Portion of the White River National Forest Maroon Bells- Snowmass Wilderness Area and the Area Surrounding the Confluence of the Bulldog and Avalanche Creeks, Including a 40f Acre Parcel Comprised of the Amazon Lodi the Anderson Lode, the Bunker Hill Lode and the Mascott Lode Mining Claims, Owned by Ajax Properties, Inc. and the Tom Sardy Family Trust A tract of land extending the boundary of the existing Rural & Remote Zone District into the Crystal River Valley, being more particularly described as follows: Beginning at the intersection where the Pitkin County/Gunnison County line meets the section line common to Sections 10 and 11 of Township 11 South, Range 86 West of the 6th Principal Meridian; thence north along section lines to the northeast comer of Section 22 of Township 10 South, Range 86 West; thence west along section lines to the northwest corner of Section 20, Township 10 South, Range 86 West; thence north along section lines to the Maroon Bells-Snowmass Wilderness Boundary; thence north, west and south along said wilderness boundary to its intersection with the section line common to Sections 27 & 28, Township 9 South, Range 88 West; thence south along section lines to the intersection of said wilderness boundary and the section line common to Sections 3 & 4, Township 10 South, Range 88 West; thence continue along said wilderness boundary south to the Pitkin County/Gunnison County line; thence east and south along said county line to the point of beginning, containing approximately 81,716 acres more or less.