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HomeMy WebLinkAboutordinance.council.046-96 e e e 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 "LODGE" ORDINANCE No. 46, SERIES OF 1996 WHEREAS, Section 26.92.020 of the 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 Plmming Director and then by the Plamling and Zoning Commission at public hem'ing, mld then approved, approved with conditions, or disapproved by the City COlU1cil at public hearing; and WHEREAS, the new "lodge" definition created by Ordinmlce No. 29, Series of 1996, only applies to properties which were previously zoned Lodge Preservation; and WHEREAS, Simon mld Nora Kelly, owners of the Buckhorn Lodge, have requested that the new "lodge" definition also apply to properties currently zoned Commercial Lodge: the Bucldlorn Lodge, the Aspen Squm-e, and the North of Nell; mld WHEREAS, the Plmming and Zoning Commission reviewed the proposed muendments at a public heming on December 10, 1996; and WHEREAS, upon review mld consideration of the text mnendments, agency mld public comment thereon, mld those applicable standards as contained in Chapter 26 of the Municipal Code, to wit, Division 92 (Text Amendments), the Planning mld Zoning Commission has recommended approval of the text mnendment by a vote of 6-0, pursumlt to procedure as authorized by Section 26.92.030 of the Municipal Code; and WHEREAS, the Aspen City Council has reviewed and considered the text amendments lU1der the applicable provisions of the Municipal Code as identified herein, has reviewed mld e e considered those recommendations mld approvals as granted by the Planning and Zoning Commission, and has taken mld considered public comment at a public hem'ing; and WHEREAS, the City COlU1cil finds that the text mnendment offers Commercial Lodge propeliies more options as ml incentive to maintain lodge use, mld is consistent with the relief granted to the Lodge Preservation propeliies by Ordinance No. 29, Series of 1996; mld WHEREAS, the City COlU1Cil finds that the text mnendment meets or exceeds all applicable development standm'ds, mld is consistent with the goals and elements of the Aspen Area ComlTIlll1ity Plan, the public welfm-e and the purposes mld intent of Chapter 26 of the Municipal Code. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO: Section 1: Pursumlt to Section 26.92.020 (Stmldards of Review) of the Municipal Code, the City COlll1cil finds as follows in regm-d to the text mnendments to mnend the definition of "lodge": I. The proposed text mnendment is not in conflict with the provisions of Chapter 26 of the MlU1icipal Code or the Aspen Area Community Plan. 2. The proposed text mnendment is compatible with surrOlll1ding zone districts mld Imld uses. 3. The proposed text mnendments will promote the public interest mld chm-acter of the City of Aspen. Section 2: The "lodge" definition in Section 26.04.100 of Chapter 26 of the Aspen MU11icipal Code is hereby mnended, which text shall read as follows: Lodge means a building within the ~ Lodge Preservation Overlay zone district or II building p,'esently zoned Comme,'cial Lodge (CL) containing three (3) or more individuai rooms for the purpose of providing lodgingjaciiities on a short or long-term basis, for compensation, with or without meals, and 'which has common facilities for reservation and e e cleaning services, and on-site management and reception. A lodge may include kitchens within individual rental units. " Section 3: This Ordinance shall not affect mlY existing litigation mld shall not operate as ml abatement of any action or proceeding now pending under or by viliue of the ordinances repealed or mnended as herein provided, and the same shall be conducted mld concluded lU1der such prior ordinances. Section 4: If mlY section, subsection, sentence, clause, pm"ase, or portion of this Ordlllmlce is for mlY reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a sepm"ate, distinct mld independent provision mld shall not affect the validity of the remaining pOliions thereof. Section 5: A public heming on the Ordinmlce shall be held on the 13th day of Janumy, 1997 at 5 :00 in the City COlU1cil Chmnbers, Aspen City Hall, Aspen Colorado, fifieen (15) days prior to which hem-ing a public notice of the smne 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 ofthe City of Aspen on the 16th day of December, 1996. ~17~ John Bennett, Mayor Attest: ~ ;4~~ Kathryn S. Koch, City Clerk e e FINALLY adopted, passed and approved tins 13t11 day of Janum-y, 1997, JOhnt::tt,~~ Attest:. k ';kJ^ ) xl t:o tiJ ~ KathrynS. Koch, City Clerk