HomeMy WebLinkAboutordinance.council.041-99 ORDINANCE NO. 41
(SERIES OF 1999)
AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF ASPEN,
COLORADO, TO AMEND THE DEFINITION OF "RESIDENTIAL MULTI-
FAMILY HOUSING," SECTION 26.104.100 OF THE LAND USE CODE.
WHEREAS, Pursuant to Section 26.304.040, the Planning and Zoning
Commission may initiate text amendments to the Land Use Code and did so initiate this
text amendment to the Land Use Code after considering a recommendation by the
Community Development Director; and,
WHEREAS, the City Council may approve Amendments to the text of the Land
Use Code after taking and considering recommendations from the Commun/ty
Development Director, the Planning and Zoning Commission made at a duly noticed
public hearing, and taking and considering public testimony at a duly noticed public
hearing in conformance with the review criteria set forth in Section 26.310; and,
WHEREAS, the Community Development Department analyzed the amendment,
pursuant to Section 26.3 I0, and recommended the~ definition of the term "Residential
Multi'Family Housing" be amended, as described herein; and,
WHEREAS, during a duly noticed public hearing on September 21, 1999, the
Planning and Zoning Commission considered a recommendation made by the
Community DevelOpment Director, took and considered public testimony, and
recommended, by a four to zero vote (4-0), City Council amend the term "Residential
Multi-Family Housing," as described herein,
WHEREAS, City Council reviewed and considered the recommendations of the
Community Development Director, the Planning and Zoning Commission, and members of
the public during a duly noticed public hearing; and,
WHEREAS, the City Council finds that the text amendment to the definition of
"Residential Multi-Family Housing," Section 26.104.100 the Land Use Code of the Aspen
Municipal Code, as described herein meets or exceeds all applicable standards for a text
amendment and that the approval 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 the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1:
Section 26.104.100, which section defines terms used in the Land Use Code, is hereby
amended by amending the definition of the term "Residential Multi-Family Housing" to
read as follows:
A dwelling unit which has in its history ever housed a working resident and which
is located in a building in one of the following configurations:
1) A multi-family residential building;
2) a mixed-use building; or,
3) a detached building on a Historically Landmarked parcel containing three
or more detached residential units where permitted by the zone district.
Excluded from this definition shall be single-family and duplex dwellings and
dwelling units used exclusively as tourist accommodations or by non-working
residents.
Section 2:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
Ordiv_ance in the office of the Pitkin County Clerk and Recorder.
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 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 was held on the 25~ day of October, 1999 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 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 on this 12* day of October, 1999.
Atte.st:
~~~" ~ch~. Richards, Mayo~C~
FINALLY, adopted, passed and approved this 25~ day of October, 1999.
Attest:
oppro?ed as t0~form:
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