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ORDINANCE No. 32
(Series of 1999)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING TEXT
AMENDMENTS TO MUNICIPAL CODE SECTION 26.710.220,
"CONSERVATION (C) ZONE DISTRICT, D. DIMENSIONAL
REQUIREMENTS", PURSUANT TO CHAPTER 26.310.020, AMENDMENTS TO
THE LAND USE REGULATIONS AND OFFICIAL ZONE MAP, OF THE
ASPEN MUNICIPAL CODE
WHEREAS, pursuant to Section 26.310.020, Procedure for Amendment, of the
Aspen Municipal Code, an application for amendment to the text of the Municipal Code
shall be reviewed and recommended for approval, approval with conditions, or
disapproval 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 Community Development Director prepared recommended
amendments and recommended approval to the Planning and Zoning Commission; and,
~. WHEREAS, upon review and consideration of the proposed text amendments,
agency and public comment thereon, and those applicable standards as contained in
Chapter 26 of the Municipal Code, to wit, Division 3 IO (Amendments to the Land Use
Code), the Planning and Zoning Commission has, by a vote of six to zero (6-0),
recommended that the City Council adopt the amendments related to "Conservation (C)
Zone District, Dimensional Requirements, External Floor Area", during a public hearing
at a meeting on July 6, 1999, as proposed by the Community Development Department;
and,
WHEREAS, the Aspen City Council has reviewed and considered the text
amendments recommend by the Community Development Department and the Planning
and Zoning Commission under the applicable provisions of the Municipal Code as
identified herein, and has taken and considered public comment at a properly noticed
public hearing; and
WHEREAS, the City Council finds that the text amendments contained herein
meet or exceed all applicable standards of the Land Use Code and are 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.
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NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1: That pursuant to Section 26.310.040 (Standards of Review) of the Municipal
Code, the City Council finds as follows in regard to the text amendments:
1. The proposed text amendments are not in conflict with the provisions of Chapter 26
of the Municipal Code or the Aspen Area Community Plan.
2. The proposed text amendments will promote the public interest and character of the.
City of Aspen.
Section 2: That Section 26.7lO.220, Conservation (C) Zone District, D. Dimensional
Requirements, of the Aspen Municipal Code shall be amended, by adding the following
text, to hereafter read as follows:
10. External floor area: (Applies to conforming and nonconforming lots of record):
Lot Size Detached Residential
Dwellings (Square Feet)
Allowable Square Feet
o
0--3,000
80 square feet of floor area for each lOO square
feet in lot area, up to a maximum of 2,400 square
feet of floor area.
3,000--9,000
2,400 square feet of floor area, plus 28 square feet
of floor area for each additional 100 square feet in
lot area, up to a maximum of 4,080 square feet of
floor area.
9,000--15,000
4,080 square feet of floor area, plus 7 square feet
of floor area for each additional 100 square feet in
lot area, up to a maximum of 4,500 square feet of
floor area.
15,000--50,000
4,500 square feet of floor area, plus 6 square feet
of floor area for each additional 100 square feet in
lot area, up to a maximum of 5,000 square feet of
floor area.
50,000+
5,000 square feet of floor area maximum~
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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
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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 will held on the 23rd day of August, 1999 at
5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days
prior to which hearing a public notice of the same was 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 at its regular meeting on the 26th da
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APPROVED AS TO FORM:
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Jolm Worc ster, City Attorney
, 'ATTEST,"
FINALLY, adopted, passed and approved this 23rd day of August 1999.
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