HomeMy WebLinkAboutordinance.council.069-94
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ORDINANCE NO. 01
(Series of 1994)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
AMENDING CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS,
TO PROVIDE FOR VARIATIONS IN SUBDIVISION DESIGN STANDARDS BY
SPECIAL REVIEW SUBJEcr TO NEW REVIEW CRITERIA
ESTABLISHED IN SECTION 24-7-404.E
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 a public hearing, and then approved, approved with conditions, or
disapproved by the City Council at a public hearing; and
WHEREAS, the Planning Director did receive from the City Engineering
Department a recommendation for an amendment to the land use regulations, and
reviewed and recornmended for approval, certain text amendments to Chapter 24 relating
to Section 7-1004.CA "Design standards" and Section 7-404 "Review standards for special
review"; and
WHEREAS, the Planning and Zoning Commission reviewed the proposed text
amendment, in conjunction with the Williams Ranch development application review, on
, 1994, at which time the Planning and Zoning Commission
recomrnended approval to City Council by
; and
WHEREAS, the City Council finds that the text amendment will allow and promote
development that is compatible. with the Aspen Area Comprehensive Plan and with
existing adjacent land uses and neighborhood characteristics and will be consistent with the
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public welfare and 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:
Section 7-1004.C.4 "Design standards" of Chapter 24 of the Municipal Code of the
City of Aspen, Colorado, is hereby amended by the addition of paragraph h., to read as
follows:
h. Variations of design standards. Variation from the provisions of this section,
"Design standards," my be granted by special review as provided for in Division
4 of this Chapter.
Section 2:
Section 7-404 "Review standards for special review" of Chapter 24 of the Municipal
Code of the City of Aspen, Colorado, is hereby amended by the addition of a new
paragraph, which shall read as follows:
E. Subdivision design standards. Whenever a special review is for development
which does not meet the subdivision design standards of Section 24-7 -1004.CA,
the development application shall be approved only if the following conditions
have been met:
1.
A unique situation exists for the development where strict adherence to the
subdivision design standards would results in incompatibility with the Aspen
Area Comprehensive Plan, the existing, neighboring developed areas, and/or
the goals of the cornmunity.
2.
The applicant shall specify each design standard variation requested and
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provide justification for each variation request, providing design
recommendations by professional engineers as necessary.
Section 3:
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:
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
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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 this Ordinance shall be held on the 9 day of
~' 1995; in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15)
days prior to which a hearing of public notice of the same shall be published in a
newspaper of general circulation within the City of Aspen.
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INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
the City Council of the City of Aspen on the :2'?" day of ~.J.'" 1994.
JOhk:et~~
ATTEST:
Kathryn s:
FINALLY, adopted, passed and approved this? day ~d 199~
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Johrt Bennett, Mayor
_ ATTEST:
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M94.361
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