HomeMy WebLinkAboutordinance.council.068-93
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ORDINANCE NO. 68
(SERIES OF 1993)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, AMENDING
CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, BY AMENDING
SECTION 24-5-206.2 TO ALLOW MUNICIPAL PARKING AS A CONDITIONAL USE
IN THE AFFORDABLE HOUSING ZONE DISTRICT
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 Aspen
Pitkin County Housing Authority ("Applicant") and has reviewed and
recommended for approval a text amendment to Chapter 24 associated
with the development of affordable housing and a parking garage on
the Kraut property; and
WHEREAS, the Planning and zoning commission reviewed the
proposal and did conduct a public hearing thereon on November 16,
1993; and
WHEREAS, upon review and consideration of the text amendment,
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 amendment
recommended by the Planning Director and associated with the Kraut
subdivision submission pursuant to procedure as authorized' by
section 24-6-205 (A) (5) of the Municipal Code; and
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WHEREAS, the Aspen City Council has reviewed and considered
the text amendment 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 amendment meets
or exceeds 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
amendment 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 is no.t
in conflict with the provisions of Chapter 24 of the Municipal
Code or the Aspen Area Community Plan.
The proposed text amendment is compatible with the surrounding
zone districts and land uses.
The proposed text amendment will not adversely impact traffic
generation or road safety when taken into consideration with
the other aspects of the Plan.
The proposed text amendment will promote the public interest
and character of the City of Aspen.
2.
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4.
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section 2: section 5-206.2 of Chapter 24 of the Municipal Code of
the city of Aspen, colorado, is hereby amended, which new text
shall read as follows:
section 5-206.2. Affordable Housing (AH)
c. Conditional uses. The following uses are permitted as
conditional uses in the Affordable Housing (AH) zone district,
subject to the standards and procedures established in Article
7, Division 3.
1. open use recreation site;
2. Day care center;
3. Satellite dish antennae;-ftfld
4. Dormitory; and
5. Public underground parking areas.
section 3: 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 4: 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: A public hearing on the Ordinance shall be held on the
24 day of January, 1994 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
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general circulation within the city of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
of the city of Aspen on the / B day of
by the city council
~1993.
Attest:
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Kathry~~ Koch, city Clerk
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John Bennett, Mayor
FINALLY, adopted, passed and approved this ~~
~7 ' 1994.
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. Koch, city Clerk
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John ~ennett, Mayor
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