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Home My WebLink Aboutordinance.council.017-14 RECEPTION#: 611582, 07/03/2014 at 12:27:30 PM, 1 OF 3, R $21.00 Doc Code ORDINANCE Janice K.Vos Caudill, Pitkin County, CO .ORDINANCE NO. 17 (Series of 2014) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO CHAPTER 26.710.180—MIXED USE ZONE DISTRICT,OF THE CITY OF ASPEN LAND USE CODE. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to craft a code amendment to include retail and restaurant uses as a permitted use for all buildings within the Mixed Use Zone District; and, WHEREAS,pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach with the public and received referral comments from the Planning and Zoning Commission and the Historic Preservation Commission regarding the code amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on May 27, 2014, the City Council directed staff to draft a code amendment to include retail and restaurant uses as a permitted use for all buildings within the Mixed Use Zone District; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Section 26.470; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS,the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Code Amendment Obiective The objective of the proposed code amendments is to expand business diversity and enhance business sustainability by adding retail and restaurant use as a permitted use for all buildings within the Mixed Use Zone District. Mixed Use Code Amendment Ordinance 17, Series 2014 Page 1 of 3 Section 2: Aspen Land Use Code Section 26.710.180.B. in its entirety shall read as follows: B. Permitted uses. The following uses are permitted as of right in the Mixed-Use (MU) Zone District: 1. On historic landmark properties: Bed and breakfast. 2. Retail and restaurant uses. 3. Service uses. 4. Office uses. 5. Neighborhood commercial uses. 6. Lodging, timeshare lodge and exempt timesharing. 7. Arts, cultural and civic uses. 8. Public uses. 9. Recreational uses. 10. Academic uses. 11. Child care center. 12. Affordable multi-family housing. 13. Free-market multi-family housing. 14. Single-family residence. 15. Duplex residence. 16. Two (2) detached single-family residences. 17. Home occupations. 18. Accessory uses and structures. 19. Storage accessory to a permitted use. 20. Vacation rentals. Pursuant to Section 26.575.220 Section 3: Effect Upon Existing Litigation. This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: Severability. Mixed Use Code Amendment Ordinance 17, Series 2014 Page 2 of 3 If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty(30)days following final passage. Section 6• A public hearing on this ordinance shall be held on the 23rd day of June, 2014, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published 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 9th day of June,2014. Atte L' da Manning, City Clerk Steven Skadr or FINALLY, adopted,passed and approved June ll 2014. Att t: t. Ada Manning, City Clerk Steven Skadron, ayor Approved as to form: -- IC 7 _ _ ames R. True, City Attorney Mixed Use Code Amendment Ordinance 17, Series 2014 Page 3 of 3 Mon, Jun 09, 2014 15:44:46 10267883 l 1� Ad Ticket#5 Acct: 1013028 Name: Aspen (LEGALS) City of Phone: (970)920-5064 Address: 130 S Galena St E-Mail: ANGELA.SCOREY@a CITY Client: Caller: Linda Manning City: Aspen _Receipt State: CO Zip: 81611 Ad Name: 10267883A Original Id: 10267820 Editions: 8ATI/8ATW/ Class: 0990 Start: 06/12/14 Stop: 06/12/14 Color: Issue 1 Copyline: atw Ordinance #17 Rep: Lisa Parmelee LEGAL NOTICE ORDINANCE 17. 2014 PUBLIC HEARING Lines: 23 Ordinance #17. Series of 2014 was adopted on first reading at the City Council meeting June 9. 2014. Depth: 1.93 This ordinance. if adopted. will amend chapter Columns: 1 26.710.180 to include retail and restaurant uses as a permitted use for all buildings within the Mixed Discount: 0.00 Use Zone District.The public hearing (:)n this ordi- nance is scheduled for June 23. 2014 at 5:00 p.m. City Hall. 130 South Galena. Net: 0.00 To see the entire text. go to the city's legal notice Tax: 0.00 website Total 11.64 http:riwww.aspenpitkin.comf'Departmerits/Clerk/Le- gal-Noticesr' Payment 0.00 IF you would like a copy FAXed or e-mailed to you. call the city clerk's office. 429-2687 Published in the Aspen Times Weekly on June f, 12th. 2014 (10267883) Ad shown is not actual print size Ad Name: 10267883A LEGAL NOTICE ORDINANCE 17,2014 PUBLIC HEARING Customer: Aspen (LEGALS) City of Ordinance#17,Series of 2014 was adopted on first reading at the City Council meeting June 9,2014. Your account number: 1013028 This ordinance,if adopted,will amend chapter 26.710.180 to include retail and restaurant uses as a permitted use for all buildings within the Mixed Use Zone District.The public hearing on this ordi- nance is I OF PUBLICATION City Hall,130 South Ga enae 23,2014 at 5:00 p.m. To see the entire text,go to the city's legal notice website http://www.aspenpitkin.com/Departments/Clerk/Le- gal-Notices/ T21 ASIZN TIM:1 IF you would like a copy FAXed or e-mailed to you, call the city clerk's office,429-2687 Published in the Aspen Times Weekly on June STATE OF COLORADO, 12th,2014(10267883) COUNTY OF PITKIN I,Jim Morgan, do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein;that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 6/12/2014 and that the last publication of said notice was in the issue of said newspaper dated 6/12/2014. In witness whereof,I have here unto set my hand this 06/25/2014. Jim Morgan,Genera Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 06/25/2014. Pamela J.Schultz,Notary Public Commission expires:November 1,2015 SPRY PU .9 PAMELA J. 's SCHULTZ