HomeMy WebLinkAboutbocc.ord.016.2005ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, REZONING CERTAIN PROPERTIES ALONG EXPRESS
CREEK AND EXPRESS CREEK ROAD WITHIN PITKIN COUNTY, TO THE RURAL
AND REMOTE (RR) ZONE DISTRICT
ORDINANCE NO. O 1 IP -2005
RECITALS
I . The Planning and Zoning Commission adopted Master Plans for Pitkin County in the fall
of 2003.
2. Several of these Master Plans recommend that some private 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.
3. The BOCC considered the proposed rezoning 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.
A portion of the area earlier proposed for rezoning on Aspen Mountain was deleted from
the Rural and Remote proposal and proposed to be rezoned to the Transitional
Residential Zone District (TR -1).
4. The BOCC finds that the proposed rezonings along Express Creek and Express Creek
Road are consistent with the applicable Master Plan, policies and regulations of the Pitkin
County Land Use Code,
5. The Planning and Zoning Commission review the revised rezoning proposals on
February 22, 2005, and voted to rezone the properties to Rural/Remote as follows:
Ashcroft/Express Creek area: 5-0
NOW, THEREFORE, BE IT ORDAINED by the BOCC that it hereby rezones properties
shown on the map attached as Exhibit I to the RR Zone District. These parcels are known as the
southwest triangular portion of the Planet USMS No. 6977, aka Pitkin County Parcel ID No.
290932200005; the Apex USMS No. 7673; and the Castle Fork USMS No. 7673. 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,
which were adopted by the Planning & Zoning Commission November 4, 2003.
This Master Plan is The Maroon/Castle 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 Plan provides recommendations for zoning changes to protect the
public health, safety and welfare. The zone district in this ordinance reflects the
recommendations of the Master Plans 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
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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.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
WEEKLY ON THE 25TH DAY OF DECEMBER, 2004.
INTRODUCED AND FIRST READ AT THE REGULAR MEETING ON THE 9TH
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 OQ /'( 12005.
EFFECTIVE IMMEDIATELY UPON ADOPTION ON MARCH 23, 2005.
ATTEST:
APPROVED AS TO FORM:
John Ely,
Count o
H:ci ndy/rezon i ng/o rdRR. expressereek.3
BOCC OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Patti Kay -Clapper
Chair
Date: p4 — Z — 05
APPROVED AS TO CONTENT:
&
Cindy Houben,
Community Development Director
515027
09/20 02 0 0003:461
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