HomeMy WebLinkAboutordinance.council.052-99 ORDINANCE NO. 52
(SERIES OF 1999)
AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF ASPEN,
COLORADO, TO AMEND THE APPLICABILITY PROVISION OF THE
PLANNED UNIT DEVELOPMENT REGULATIONS, SECTION 26.445.020 OF
THE LAND USE CODE.
WHEREAS, Pursuant to Section 26.304.040, the City Council 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 Community
Development Director, the Planning and Zoning Commission made at a duly noticed
public hearing, and taking and considering public testimony m 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 m Section 26.310, and recommended the applicability provisions of the Planned
Unit Development regulations be amended to allow parcels of less than 27,000 square
feet in size to proceed through a Planned Unit Development as provided herein; and,
WHEREAS, during a duly noticed public hearing on November 16, 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 (4-0) vote, City Council amend the applicability
provisions of the Planned Unit Development regulations, as provided herein; and,
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 fmds that the text amendment to the applicability
provisions of the Planned Unit Development regulations, Section 26.445.020 the Land Use
Code of the Aspen Municipal Code, as described herein, meets or exceeds all applicable
standards for a text amendmenl 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:
Ordinance No. 52, Series of 1999
Page 1
Section 1:
Section 26.445.020, Applicability, which section defines the applicability of the Planned
Unit Development regulations of the Land Use Code is hereby amended to read as
follows:
Before any development shall occur on land designated Planned Unit Development
(PUD) on the official zone district map or before development can occur as a PUD, it
shall receive final PUD approval pursuant to the terms of this Chapter. However, in no
event shall adoption of a final development plan be required for the construction of a
single detached or duplex residential dwelling on a separate lot, in conformance with the
General Provisions of this Chapter, Section 26.445.040. All land with a PUD designation
shall also be designated with an underlying zone district designation most appropriate for
that land.
A development application for a Planned Unit Development (PUD) may be applied for by
the property owners of any proposed development in the City of Aspen that is on a parcel
of land equal to or greater than twenty-seven thousand (27,000) square feet intended for
residential, commercial, tourist or other development purposes.
A development application for a Planned Unit Development (PUD) may be applied for by
the property owners of any proposed development in the City of Aspen that is on a parcel
of land less than twenty-seven thousand (27,000) square feet intended for multi-family
residential, commercial, tourist or other development purposes if, prior to application, the
Community Development Director determines the development of the property may have
the ability to further the goals of the Aspen Area Community Plan and that the provisions
of the Planned Unit Development land use review process will best serve the interests of
the community. By virtue of this determination, the application shall not be granted any
special rights or privileges and shall be required to demonstrate compliance with all
applicable portions of this chapter.
If the Community Development Director determines the proposed developmem is not
suitable to be reviewed as a Planned Unit Development, the property owner may appeal
the decision to the Planning and Zoning Commission and the Commission, by Resolution
and after considering a recommendation made by the Community Development Director,
may determine that the development of the property may have the ability to further the
goals of the Aspen Area Community Plan and that the provisions of the Planned Unit
Development land use review process will best serve the interests of the community. By
virtue of this determination, the application shall not be granted any special rights or
privileges and shall be required to demonstrate compliance with all applicable portions of
this chapter.
A development application for a Minor Planned Unit Development (Minor PUD) may be
applied for by the property owners ora parcel of land located within the Lodge
Preservation Overlay (LP) Zone District intended for development consistent with the
purpose of the LP Overlay Zone District.
Ordinance No. 52, Series of 1999
Page 2
Section 2:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
Ordinance in the office of the Pitldn 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 heating on the Ordinance was held on the 6th day of December, 1999 m 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 on this 22nd day of November, 1999.
'Attesi: ' · ~~
Kathryn S~oeh,~ity Clerk Richards,
FINALLY, adopted, passed and approved this 6~ day of December, 1999.
K~h~n~S~h, ~ity Clerk Rac~h 7. Richards, Mayor
Approved as to form:
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Ordinance No. 52, Series of 19[}9
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