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HomeMy WebLinkAboutordinance.council.021-93 ',..,' , \\. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, AMENDING CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, BY AMENDING SECTION 24- 5-220 (B) PERMITTED USES AND (D) DIMENSIONAL REQUIREMENTS IN ~HE PUBLIC (PUB) ZONE DISTRICT. ORDINANCE NO. ~\ (SERIES OF 1993) WHEREAS, section 24-7-1103 of the Municipal Code provides that amendments to Chapter 24 of the Code, to wit, "Land Use Regulations", shall be reviewed and recommended for approval by the Planning Director and then by the Planning and zoning commission at public hearing, and then approved, approved with conditions, or disapproved by the city Council at pUblic hearing; and WHEREAS, the Planning Director did receive from the city of Aspen ("Applicant") and has reviewed and recommended for approval certain text amendments to Chapter 24 associated with the Aspen .- \l'l "" Arts and Recreation Center rezoning, PUD and GMQS exemption submission; and WHEREAS, the Planning and Zoning commission reviewed the proposal and did conduct a pUblic hearing thereon on April 13, 1993; and WHEREAS, upon review and consideration of the text amendments, agency and public comment thereon, and those applicable standards as contained in Chapter 24 of the Municipal Code, to wit, Division 11 of Article 7 (Text Amendments), the Planning and Zoning commission has recommended approval of the text amendments recommended by the Planning Director and associated with the Aspen Arts and Recreation Center submission pursuant to procedure' as 1.1, \% "" authorized by section 24-6-205 (A) 8 of the Municipal Code; and 1 - _\,\,',' \~ \:, 14_ \% ~\ "'"", .' It, \\~ WHEREAS, the Aspen city Council has reviewed and considered the text amendments under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations and approvals as granted by the Planning and Zoning Commission, and has taken and considered public comment at public hearing; and WHEREAS, the city Council finds that the text amendments meet or exceed all applicable development standards and is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City council finds that this Ordinance furthers and is necessary for public health, safety, and welfare; and WHEREAS, the City Council finds that the proposed text amendments will allow and promote compatibility of zone districts and land uses with existing land uses and neighborhood characteristics and will be consistent with the public welfare and the purposes and intent of Chapter 24 of the Municipal Code. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO: Section 1: Pursuant to Section 24-7-1102 of the Municipal Code, the city Council finds as follows in regard to the text amendment: 1. The proposed text amendment as set forth in the Plan are not in conflict with the provisions of Chapter 24 of the Municipal Code or the Aspen Area Community Plan. 2. The proposed text amendment will promote the public interest and character of the City of Aspen. Section 2: Section 5-220 (B.) of Chapter 24 of the Municipal Code of the city of Aspen, Colorado, is hereby amended, which new text shall read as follows: B. Permitted Uses. The following uses are permitted as of right in the Public (PUB) zone district. 1. Library; 2 ;,.' \, "", e' It~ \(;'1\-< I., \it", 2. Museum; 3. Post Office; 4. Hospital; 5. Essential governmental and public utility uses, facilities, services and buildings (excluding maintenance shops) ; 6. Public transportation stop; 7. Terminal building, and transportation related facilities; 8. Public surface and underground parking areas; 9. Fire station; 10. Public school; 11. Public Park; 12. Arts, cultural and recreational activities, buildings and uses; and 13. Accessory buildings and uses. section 3: section 5-220 (D) "Dimensional requirements" of Chapter 24 of the Municipal Code of the city of Aspen, Colorado, is hereby amended, which new text shall read as follows: D. Dimensional requirements. The dimensional requirements which shall apply to all permitted and conditional uses in the Public (PUB) zone district shall be set by the adoption of a conceptual development plan and final development plan, pursuant to Article 7, Division 9, Planned Unit Development. section 4: This Ordinance shall not effect 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 5: 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 6: A public hearing on the Ordinance shall be held on the 3 fit"', \1; \~~ e t,.,'. ~, 'i\\~ . I~~day of ~, 1993 at 5:00 in the City Council chambers, Aspen City Hall, Aspen Colorado, fifteen (15) 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 ~ ' 1993. of the City of Aspen on the oC~ day of ~ !?~6- John Bennett, Mayor Kathryn . Koch, City Clerk FINALLY, adopted, passed and approved this ~O~ay of ~ ,1993. 0I_ ~ JOh~~ne~, Mayor ~c~,~~ 4 11.', ~1\<. , ' Se!J. 6-220. Public (PUB). A. Purpose. The purpose of the Public (PUB) zone district is to provide for the develop. ment of governmental and quasi.governmental facilities for cultural, educational, civic and other governmental purposes. B. Permitted uses. The following uses are permitted as of right in the Public (PUB) zone district. 1. Library; 2. Museum; 8, e 9. 10. lL 12. 13. 14. 3, Post office; 4. Hospital; 5, ESSllntial governmental and public utility uses, facilities, services and buildings (excluding maintenance shops); 6. Performing art center; 7, Public transportation stop; Terminal building, and transportation related facilities; Public surface and underground parking areas; Community recreation facility; .! Fire station; Public school; Public park; and Accessory buildings and uses, C. Conditional useS. The following uses are permitted as conditional uses in the Public (PUB) zone district, subject to the standards and procedures established in Article 7, Division 3. L Maintenance shop; 2. Affordable housing; and 3. Satellite dish antennae. '. \ '''- D. Dimensional requirements. The dimensional requirements which shall apply to /ill p"rmitted conditional uses in the Public (PUB) zone district shall be set by the adoption of a conceptual development plan and final development plan, pursuant to Article 7, Division 9, Planned Unit DevelopmeIlt. E. Off-street parking requirement The following off.street parking splices shall be pro- ~ided for each use in the Public (PUB) zOIie district, subject to the provisions of Article 5, Division 3, L LQdge uses: N/A 2. Residential uses: RequiTes special review pursuant to Article 7, Division 4. 3. All other uses: Requires special review pursuant to Article 7, Division 4. (Ord. No. 6.1989,94)- .---- .',', { "< - '-. '. \,' C.1ty Council Approved By O:t"dinance Exhibit B ,19 Text Amendment to the Public (PUB) Zone District to delete from the list of permitted uses "Performinq Art Center" and "Communitv Recreation Facility", to add "Arts, Cultural and Recreational Activities. Buildinqs and Uses". and to correct a typoqraphic error in the "Dimensional Requirements" section. section 24-7-1102 of the Municipal Code establishes the review standards for amendments to the code: A. Whether the proposed amendment is in conflict with any applicable portions of this chapter. Response: No land use code conflicts are evident for the proposed text amendments. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Response: The proposed amendments are consistent with the short- term goal number 5 of the "Design Quality and Historic Preservation" section of the Aspen Area Community Plan. This goal reads: "Retain the red brick school building for public use and preserve its open space; a. Purchase for public use; b. Rezone to Public." C. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. Response: Neighborhood compatibility issues will specifically be addressed pursuant to the rezoning standards. However, Public zoning in most communities provides for a wide variety of uses and activities for citizens and guests. D. The effect of the proposed amendment on traffic generation and road safety. Response: Per se, this proposed amendment has no effect. Specific impacts will be considered during individual reviews. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would 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. Response: These items will be addressed during the rezoning 1. ~.' ~~"'" \\\,,< _I,' ~ "'-'- 41. \~ -- -- review. However, the proposed use is consistent with the other uses identified in the Public zone district. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Response: Impacts are evaluated on a site-by-site basis. No adverse impacts are anticipated on the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the city of Aspen. Response: The amendments will apply to the approximately twelve other sites in the City zoned Public (PUB). Any development in a Public zone must be reviewed pursuant to PUD dimensional standards. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Response: The amendments affect all parcels zoned Public (PUB). Specific to the former school site, this requested text addition allows those uses developed by the Red Brick citizen's group to occupy the structure. Without "arts, cultural and recreational activities, buildings and uses" as a permitted use, the Planning Director would have to make use determinations for the proposed users based on the existing permitted use list. This task would be awkward and might not put to rest any potential non-conformity issues. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. Response: One of the goals of the AACP is to better utilize community facilities. These amendments allow for enhanced public- oriented uses at a public site. ~