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HomeMy WebLinkAboutordinance.council.005-74RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO.~" (Series of 197~) AN ORDINANCE AMENDING SECTION 24-9 (h) OF THE MUNICIPAL CODE; ESTABLISHING THE WAGNER PARK, COOPER AVENUE, COURT HOUSE, WHEELER OPERA HOUSE AND MAIN STREET VIEW PLANES; AND REQUIRING, IN CERTAIN AREAS AFFECTED BY THE VIEW PLANES, DEVELOPMENT UNDER SECTION 24-10.1, PLANNED UNIT DEVELOPMENT. WHEREAS, the Aspen City Council earlier this year enacted Section 24-9 (h) of the Municipal Code entitled '~ountain view height limitations", and, in so doing, began the designation of view planes within the City of Aspen, and WHEREAS, the City Council wishes to create additional view planes and provide, on certain lands affected by said view planes, for development under Section 24-10.1, PUD Planned Unit Develop- ment so as to provide maximum flexibility in building design and variations in height, lot area, lot width, and yard require- ments, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding a new subsection 24-9 (h) (4) (b) which said subsection reads as follows: "(b) Wagner Park View Plane. There is hereby established a view plane originating in the North Central part of Wagner Park above which plane no land use or building shall project. The reference point bears N 58© 03' 11" E 198.65 feet from the Northwesterly corner of Block 83 Original Aspen Townsite; elevation of the reference point is 7921.93 feet above mean sea level. The view plane consists of a sector component more particularly described as follows: RECORD OF PROCEEDINGS 100 Leaves Ail that space which is within the projection of a sector of 9 degrees 46' 18" and above a plane which passes through the reference point described by two radial lines which bear S 36 degrees 05' 49" E and S 45 degrees 52' 07" E respectively from the reference point, at an inclination of 3 degrees 39' 10" above the horizontal.? Section 2. That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding a new subsection subsection reads as follows: "(c) Cooper Avenue View Plane. 24-9 (h) (4) (c) which said There is hereby established a view plane originating on the Northerly side of Cooper Avenue Easterly of Galena Street above which plane no land use or building shall project. The reference point bears N 75 degrees 41' 52" E 147.78 feet from the Northwesterly property corner of Block 96 Original Aspen Townsite, an aluminum cap located in the sidewalk. Elevation of the reference point is 7922.91 feet above mean sea level. The uiew plane consists of spatial components more particularly described as follows: All that space which is within the projection of a section of 48 degrees 00' 00" described by two radial lines which bear S 11 degrees 41' 08" E and S 36 degrees 18' 52" W respectively from the reference point, and above a plane which passes through the reference point at an inclination of 6 degrees 20' 05" above the horizontal." Section 3. That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding a new subsection 24-9 (h) (4) (d) which said subsection reads as follows: "(d) Court House View Planes. There are hereby established two (2) view planes originating from the sidewalk on the Northerly side of Main Street Easterly of Galena Street above which planes no land use or building shall project. (2) RECORD OF PROCEEDINGS 100 Leaves (1) View plane number one. The reference point bears S 79 degrees 43' 29" E 69.00 feet from the Southwesterly property corner of block 92 Original Aspen Townsite; a plastic survey cap. Elevation of the reference point is 7914.52 feet above mean sea level. The view plane consists of spatial components more particularly described as follows: All that space which is within the project of a sector of 27 degrees 48' 40" described by two (2) radial lines which bear S 16 degrees 59' 48" E and S 10 degrees 58' 52" W respectively from the reference point, and above a plane which passes through the reference point at an inclination of 4 degrees 25' above the horizontal. (2) View plane number two. The reference point bears S 74 degrees 14' 26" E 131.46 feet from the Southwesterly property corner of block 92, Original Aspen Townsite. Elevation of the reference point is 7915.22 feet above mean sea level. The view plane consists of spatial components more particularly described as follows: All that space which is within the projection of a sector of 26 degrees 04' 38" described by two (2) radial lines which bear S 03 degrees 36' 26" E and S 22 degrees 28' 12" W respectively from the reference point, and above a plane which passes through the reference point at an inclination of 4 degrees 58' 20" above the horizontal." Section 4. That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding a new subsection 24-9 (h) (4) (e) which said subsection reads as follows: "(e) Wheeler Opera House View Plane. There is hereby established a view plane originating from the Wheeler Opera House westerly of Mill Street above which plane no land use (3) RECORD OF PROCEEDINGS 100 Leaves or building shall project. The Easterly end point of the base line for the view plane bears S 37 degrees 31' 12" E 8.06 feet from the Southeasterly property corner of Block 81, Original Aspen Townsite. The reference base line bears N 74 degrees 30' 11" W a distance of 140.45 feet from the Easterly end point of the base line for the view plane at an elevation of 719.38 feet above mean sea level. The view plane consists of spatial components more particularly described as follows: All that space which is within the projection of radial lines from the Easterly and Westerly terminus of the base line which bear S 30 degrees 21' 11" E and S 66 degrees 08' 59" W respectively and which is above a plane which passes through the reference point at an inclination of 2 degrees 50' 38" above horizontal." Section 5. That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding a new subsection 24-9 (h) (4) (f) which said subsection reads as follows: (4) RECORD OF PROCEEDINGS 100 Leaves "(f) Main Street View Plane. There is hereby established a view plane originating from Main Street above which plane no land use or building shall project. The reference point bears N 78© 22' 29" W 92.35 feet from the Southeasterly property corner of Block 79 Original Aspen Townsite. The reference base line bears N 75° 09' 11" W 51.40 feet from the reference point. Elevation of the reference point and reference base line is 7909.10 feet above mean sea level. The view plane consists of two radial components more particularly described as follows: Ail that space which is within the projection of two radial lines which bear S 29° 10' 06" E from the reference point, and S 80° 29' 29" W from the Westerly terminus of the reference base line, and which is also above a plane which passes through the reference base line at an angle of inclination of 6° 29' 20" above horizontal." Section 6. That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding a new section 24-9 (h) (5) which said section reads as follows: "(5) When any view plane hereinabove established projects at such an angle so as to reduce the maximum allowable building height to below that otherwise provided for in this Code, all development of areas so affected shall proceed according to the provisions of Section 24-10.1, et. seq., PUD Planned Unit Development, so as to afford maximum flexibility in building design with special consideration to building bulk and height, open and pedestrian space, (5) RECORD OF PROCEEDINGS 100 Leaves and similarly to permit variations in lot area, lot width, yard and building height requirements, including view plane height limitations. Provided, however, the Aspen Planning and Zoning Con~nission may exempt any applicant from the requirements of Section 24-10.1 when any proposed development satisfies design requirements above enumerated." Section 7. If any provisions of this ordinance thereof to any person or circumstance is the building or the application held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions or applications of this ordinance are declared to be severable. Section 8. A public hearing on the ordinance shall be held on the day of ~~ , 1974, at 5 P.M. in the City Council Chambers, City Hall Building, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held at the City /y day of ~ _~_.~_~ ~ ATTEST: City Cler~ of Aspen, Colorado, on the , 1974.. ~ / Stacy S',~M~ndley III Mayor .,/ ~ ......... . RECORD OF PROCEEDINGS 100 Leaves FINALLY ADOPTED, ATTEST: City C er PASSED AND APPROVED this ~ day of 1974. ~ ~' Stacy~ta~dley III ~/~ Mayo~f i STATE OF COLORADO) CERTIFICATE ) ss COUNTY OF PITKIN ) I, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read by title, and passed on first reading at a regular meeting of the City Council of the City of Aspen on February 11 , 1974__, and published in the Aspen Times _, a weekly newspaper of general circulation, published in the City of Aspen, Colorado, in its issue of February 14_, 19~ and was finally adopted and approved at a regular meeting of the City Council on March 25 published as Ordinance No. _ 5 , 1974, and ordered .., Series of 1974__, of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this _ 26th day of March .., 1974.