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HomeMy WebLinkAboutbocc.ord.014.2005ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, REZONING CERTAIN PROPERTIES ON UPPER SMUGGLER MOUNTAIN WITHIN PITKIN COUNTY, TO THE RURAL AND REMOTE (RR) ZONE DISTRICT ORDINANCE NO. Q / y 2005 RECITALS 1. The Planning and Zoning Commission adopted Master Plans for Pitkin County in the fall of 2003. 2. Several of these Master Plans recommend that certain lands in these areas be rezoned to Rural and Remote. The Pitkin County Planning and Zoning Commission considered the proposed rezoning of properties to (RR) at a regularly scheduled meeting on August 31, 2004, and recommended approval unanimously. 3. The BOCC considered proposed rezonings at a public meeting on first reading on September 22, 2004. On November 9, 2004, the BOCC held a work session with the Planning and Zoning Commission to review the proposed Rural and Remote rezonings. 4. The BOCC finds that the proposed rezoning for upper Smuggler Mountain is consistent with the applicable Master Plan, policies and regulations of the Pitkin County Land Use Code. 5. The Planning and Zoning Commission reviewed the rezoning proposals on February 22, 2005, and voted to rezone the properties to Rural/Remote as follows: Lipper Smuggler Mountain: 5-0 NOW, THEREFORE, BE IT ORDAINED by the BOCC that it hereby rezones properties on upper Smuggler Mountain as shown on the map attached as Exhibit I, to the RR Zone District. The Board further finds this ordinance is effective immediately upon adoption pursuant to C.R.S. § 30-15-405 as it is necessary for the immediate preservation of the public health and safety of the citizens of Pitkin County. The circumstances of the necessity for immediate enactment are as follows: • Pitkin County adopted a Master Plan for the areas affected by this re -zoning district, which was adopted by the Planning & Zoning Commission on October 28, 2003. This Master Plan is the East of Aspen/Independence Pass Master Plan. The Master Plan is a product of a study that began in April, 2003, and was pursued continuously until the adoption of the Master Plans. The Master Plans provide recommendations for zoning changes to protect the public health, safety and welfare. The zone district in this ordinance reflects the recommendations of the Master Plan and is consistent with those recommendations. Development applications, which are received and certified as complete prior to the effective date of this zoning regulation, must be reviewed in conformance with the existing zoning regulations. The existing zoning regulations are not in conformance with the Master Plan recommendations. Applying the existing regulations to development applications, could lead to development approvals which are inconsistent with the Master Plan recommendations and are contrary to the best interests of the citizens of Pitkin County. Therefore, it is necessary for the zoning changes in this ordinance to be immediately effective. 9/0 0//2 08 03:421 SILVIR DAVIS PITKIN COUNTY CO R 0.00 D 0.00 p; olN-�os NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 25T" DAY OF DECEMBER, 2004. INTRODUCED AND FIRST READ AT THE REGULAR MEETING ON THE 9T" DAY OF MARCH, 2005. APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC HEARING ON THE 23RD DAY OF MARCH, 2005. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE /�7°,- DAY OF 2005. EFFECTIVE IMMEDIATELY UPON ADOPTION ON MARCH 23, 2005. APPROVED AS TO FORM: John Ely, County A I-Ccindy/rezoning/ordRR.uppersmuggler.2 BOCC OF COUNTY COMMISSION OF PITKIN COUNTY, COLORADO Patti Ka -Clapper Chair Date: OYf- 26- oEfi APPROVED AS TO CONTENT: Cindy Houben, Community Development Director 515025 09/20/2005000 3.421 0 IIINIIIINIIIIIIIRIIIIIIINIII 515©25 Page: 3 of 3 09/20/2005 03:42{ SILVIA DAVIS PITKIN COUNTY GO R 0. 00 Q'_ B1N-2oo.f D 0.00