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HomeMy WebLinkAboutordinance.council.024A-79RECORD OF PROCEEDINGS ORDINANCE NO.~___~__ (Series 1979) AN ORDINANCE AMENDING SECTIONS 24-3 and 24-10 OF THE ASPEN MUNICIPAL CODE PROVIDING FOR CHANGES IN TRASH ACCESS REQUIREMENTS WHEREAS, the City Council wishes to amend Sections 24-3 and 24-10 of the Aspen Municipal Code for the Benefit of the City of Aspen. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 24-3.1 of the Aspen Municipal Code is hereby amended by the addition of sub-section (ff) to read as follows: (ff) Utility/trash service area: an area to be used only for public utility and refuse collection equipment. Section 2 That Section 24-3.4, Area and Bulk Requirements, under the CC and C-1 zone districts subsection (6), Minimum Rear Yard, be repealed and reenacted to read as follows: "No requirement except utility/trash service area shall be required abutting alley -- see Section 24-3.7(h)(4) and Section 24-3.5." Section 3 That Section 24-3.5, Special Review Criteria, be repealed and reenacted as follows: (a) Whenever it shall be indicated on the Area and Bulk Requirements Chart that the application is subject to special review (SR), the building inspector shall forward the application for development permission to the zoning commission which shall allow or deny the development after considering: (1) The adequacy of access to the site in view of the width of adjacent streets, their grades, intersection safety, visi- bility and entrance into the lot to be developed. (2) Whether there exists safe access and sufficient water pressure to provide fire protection. (3) The existent water pressure in the area and the ability of the water system to supply domestic needs. (4) Whether there will be provided sufficient off-street parking as determined by (1) the intended use of the property (2) walking distance to the downtown area and (3) the availability of public transportation. RECORD OF PROCEEDINGS (6) The impact of the development considering the potential for stream and air pollution, and the availability of public trans- portation and other public or private services. (6) In no event shall there be permitted more than one bedroom per one thousand (1,000) square feet of lot area. (Ord. No. 11-1975, Sec. 1). (b) Reduction of the trash and utility access requirements provided for in Section 24-3.7(h)(4) may be permitted by the Zoning Commission, upon referral by the Building Inspector, after the Planning and Zoning Commission holds a meeting to consider the following: (1) The adequacy of trash vehicle access to site. (2) The amount of trash which might be expected to be generated given the nature of the proposed uses of the building and the total square footage of the building. (3) Any unique measures provided for enclosing trash bins and making them easily movable by trash personnel. (4) Any provisions for trash compaction which would be used by the development and potentially by other land uses on the block. (5) The comments of Aspen Trash and City Engineering personnel which shall be solicited by the Planning Office prior to scheduling before the Planning and Zoning Commission. (6) Adequacy of area for public utility placement and maintenance. The Planning and Zoning Commission shall approve or deny the trash access requirements by motion. Adequate provisions shall be incorporated in the approval to assure the construction of the access area as demonstrated before the Planning and Zoning Commission. The applicant may demonstrate with maps or site plan. Section 4 That Section 24-3.7(e)(2) be repealed and reenacted as follows: (2) For purposes of calculated external floor area ratio, there shall be included basement and subbasement areas in CC and C-1 districts except any such basement or subbasement areas devoted to parking. In CC and C-1 districts covered utility/trash access areas shall be excluded from external floor area ratio calculations. In districts other than CC and C-1 subgrade and parking areas shall be excluded from external floor area ratio calculations. Areas dedicated to mechanical operation of buildings shall be excluded from external floor area ratio calculations in all districts. Section 5 That Section 24-3.7(h)(4) be repealed and reenacted as follows: (4) Whenever this code shall require that a utility/trash service area be provided abutting an alley, buildings may extend to the rear property line provided that an open area be provided as follows. The area shall be accessible to the alley: For up to six thousand (6,000) square feet of building floor area: a minimum length measured parallel to the alley of twenty (20) feet and a minimum vertical clearance of ten (10) feet and a depth of ten (10) feet is preserved on the ground level abutting the real lot line. The minimum -2- RECORD OF PROCEEDINGS length of twenty (20) feet measured parallel to the alley, fifteen (15) feet shall be reserved for box storage, utility transformers or equipment, or building access, and five (5) feet for trash facilities. For each addition of up to six thousand (6,000) square feet of floor area: the minimum length measured parallel to the alley shall be increased by five (5) feet for trash facilities. The provisions of this Section may be varied from by special review of the Planning and Zoning Commission pursuant to the provisions of Section 24-3.5(b). Section 6 That Section 24-10.5(b)(1) be amended to add a new subsection (ff) to provide for an additional possible three (3) points for unique and more efficient trash and utility access areas as follows: (ff) Trash and utility access areas (maximum 3 points) considering the quality and efficiency of proposed trash and utility access areas which shall have been reviewed by special review of the Aspen Planning and Zoning Commission prior to the growth management allocation public hearing. Section 7 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. Section 8 ! A public hearing on the Ordinance shall be held on 1979, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, 15 days prior to which hearing notice of the same shall be published once 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, Colorado, at its regular meeting held on the ~z~('/day of ~,~ , 1979. ATTEST: K~thryn S. [~ch, City Clerk Mayor -3- RECORD OF PROCEEDINGS 100 Leaves FINALLY adopted, ATTEST: passed and approved on the //~ day of , 19~9: ~ Stacy ~Standley III / Mayor ~ ~5' ~ City Clerk -3- RECORD OF PROCEEDINGS STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordiuance was introduced, read in full, and passed on reading at a regular meeting of the City~ouncil of the City of Aspen on ~ 9 , 1979,__ and published ! in the Aspen Times a weekly newspaper of general circul- Series of 19'~, ation, published in the City of Aspen, Colorado, in its issue of ~ /~. , 1979, and was finally adopted and approved at a regular meeting of the City Council on  // 197~, and ordered published as of said City, as hereunto Colorado, Ordinance No. ~ , provided by law. IN WITNESS WHEREOF, I have the seal of said City of Aspen, day of set my hand and this ~/~"~ SEAL Kathyrn S. loch, ~y C].ern D~p~ty City ~rR