HomeMy WebLinkAboutordinance.council.037-96
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN AMENDING
CHAPTER 26 OF THE ASPEN MUNICIPAL CODE TO WIT:
SECTION 26.04.100 DEFINITION OF "VETERINARY CLINIC";
SECTION 26.28.130, RURAL RESIDENTIAL ZONE DISTRICT
SECTION 26.28.160, SERVICE/COMMERCIAL/INDUSTRIAL ZONE DISTRICT
ORDINANCE 37, SERIES OF 1996
WHEREAS, Section 26.92,020 ofthe Municipal Code provides that amendments to
Chapter 26 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 Zarling Commission at public
hearing, and then approved, approved with conditions, or disapproved by the City Council at public
hearing; and
WHEREAS, "veterinary clinic" is not specifically listed in Chapter 26 as a permitted or
conditional use in any zone district, and is, therefore, currently a prohibited use within the City of
Aspen
WHEREAS, Jolm Rappaport requested approval of text amendments to add a definition of
"veterinary clinic" and to allow "veterinary clinic" as a conditional use in the Office zone district;
and
WHEREAS, staff also proposed to allow "veterinary clinic" as a conditional use in the
Service/CommerciallIndustrial and the Rural Residential zone districts; and
WHEREAS, the Planning and Zoning Commission reviewed the proposed amendments at
a public hearing on August 20, 1996; and
WHEREAS, upon review and consideration of the text amendments, agency and public
comment thereon, and those applicable standards as contained in Chapter 26 of the Municipal
Code, to wit~ Division 92 (Text Amendments), the Plmming and Zoning Commission has
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recommended approval of the text amendments by a vote of 4-3, pursuant to procedure as
authorized by Section 26,92,030 offue Municipal Code; and
WHEREAS, the Aspen City COlmcil has reviewed and considered the text amendments
lll1der the applicable provisions of fue Mlll1icipal 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 a public hearing; and
WHEREAS, fue City Council finds that the text amendment for the Office zone district
does not meet the applicable development standards, specifically the standmd which states,
"whether the proposed amendment is compatible with surrOlmding zone districts and land uses,
considering existing land use and neighborhood characteristics"; and
WHEREAS, the City Council finds that the text amendments for the S/C/I and Rural
Residential zone districts meet or exceed all applicable development standards and are consistent
with the goals and elements of the Aspen Area Community Plan; and
WHEREAS, the City COlll1cil finds that the S/C/I and Rural Residential text amendments
will allow a currently prohibited use to operate in certain zone districts, if the Planning Commission
cletelmines that the use would be compatible wifu sUlTolll1ding uses; and
WHEREAS, the City COlll1cil finds that the S/C/! and Rural Residential text amendments
are consistent with the public welfare and the purposes and intent of Chapter 26 of the Mlmicipal
Code,
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN COLORADO:
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Section 1: Pursuant to Section 26,92.020 (Standards of Review) ofthe Municipal Code, the City
Council finds as follows in regard to the text amendments to add a definition of "veteJinary clinic"
and to add "veterinary clinic" as a conditional use in me Service/CommerciallIndustrial and Rural
Residential zone districts:
1. The proposed text amendments are not in conflict with the provisions of Chapter 26 of the
MlUlicipal Code or the Aspen Area Commlmity Plan.
2, The proposed text amendments are compatible with slUTOlUlding zone districts and land
uses,
3. The proposed text amendments will promote the public interest and character of me City of
Aspen.
Section 2: Section 26.04,100 of Chapter 26 of the Aspen Municipal Code is anlended to add a
definition of "Veterinmy Clinic", which text shall read as follows:
Veterinary Clinic means an enciosed facility within a building or portion thereof for the care and
treatment of animais, where boarding of healthy animals is prohibited and adequate provisions are
made to avoid any and all adverse impacts on the surrounding neighborhood which might
otherwise result from noise, odors, waste, and the like,
Section 3: Section 26.28.130 of me Aspen Mlmicipal Code, the Rural Residential Zone District,
subsection "C", Conditional Uses, is hereby mnended to add the following use:
12. Veterinary Clinic
Section 4: Section 26,28,160 of the Aspen Mlmicipal Code, the Service/CommerciallIndustrial
Zone District, subsection "C", Conditional Uses, is hereby mnended to acid tlle following use:
9.
Veterinary Clinic
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Section 6: 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 viItue of the ordinances repealed
or amended as herein provided, and the same shall be conducted and concluded under such prior
ordinances,
Section 7: If any section, subsection, sentence, clause, pln'ase, or pOliion of this Ordinance is for
any reason held invalid or unconstitutional in a cOlUi of competent jmisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity ofthe
remaining portions thereof.
Section 8: A public heariIlg on the Ordinance shall be held on the 15th day of October, 1996 at
5:00 in the City COlUlcil 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 of the City of Aspen on the 24th day of September, 1996,
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John Bennett, Mayor
Attest:
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Kathryn S. Koch, City Clerk
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FINALLY adopted, passed and approved tins 15th day of October, 1996.
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John BeJn'ett, Mayor
Attest: &~I!~
Kathryn S. Koch, City Clerk
File Location: C:\HOME\SUZANNEW\CASES\TXTAMEND\VETlORD,DOC
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