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Home My WebLink Aboutordinance.council.034-73RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ (Series of 1973) AN ORDINANCE AMENDING ORDINANCE NO. 19, SERIES OF 1973, AMENDING SECTIONS THERETO; PROVIDING FOR EXCEPTIONS TO ITS APPLICATION; DESIGNATING ADDITIONAL USES AND REVIEW CRITERIA; AND DECLARING THAT AN EMERGENCY EXISTS. WHEREAS, the City Council by adoption of Ordinance 19, Series of 1973, established a permit review procedure in anti- cipation of major changes to its zoning code and zoning district map, and WHEREAS, in the adoption of Ordinance 19, 1973, it was anticipated that the procedures and criteria therein established would be modified, reduced or extended to better reflect the objectives of the Planning and Zoning Commission as they engaged in the review process, and WHEREAS, the Planning and Zoning Commission and the Planning Department have recommended that certain changes to Ordinance 19, Series of 1973, be made and those are incorporated herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ASPEN, COLORADO: Section 1. Section i of Ordinance 19, Series of 1973, be amended to read as follows: "I. Building Permit Review Procedure. No building permit shall issue from the effective date of this ordinance ~h~-e~eep~e~-ases until the following review procedure has been complied with and approval granted all as provided herein." Section 2. Section 1 of Ordinance 19, Series of 1973, be further amended by the addition of Paragraph F to read as follows: "F. On the recommendation of the Planning Department an applicant may be exempted from the requirements of this Ordinance if the planned improvement is of such a RECORD OF PROCEEDINGS 100 Leaves small scale as to be without the intents and purposes of this Ordinance. Provided, however, that all such exemptions granted shall be reported to and approved by the Planning and Zoning Commission at any public meeting and made a part o£ the minutes thereof." Section 3. Section I of Ordinance 19, Series of 1973, be further amended by the addition of Paragraph G to read as follows: "G. I£ in the opinion of the Planning And Zoning Com- mission the requirements of three presentations pursuant to Paragraph I A would cause unnecessary hardship to any applicant, on request of the applicant the Commission may allow the Conceptual, Preliminary design and Final presentations to be made simultaneously.,, Section 4. Section III of Ordinance 19, Series of 1973, be amended to read as follows: "III. Excepted Uses and Review Criteria. ~hese-a~e-~e~eby p~eeed~es-abe~e-deee~ed-sha~-~e~-app~y_~e~_sha~_e_pe~m&~ be-deR&ed-aRde~-~his-e~iR~ee-~e~-said_ases. THERE ARE HEREBY DESIGNATED EXCEPTED USES WHICH LAND USES REPRESENT THE USE RECOMMENDATIONS OF THE 1973 ASPEN LAND USE PLAN AND WHICH ARE USES OF RIGHT AND CANNOT BE DENIED UNDER THE PROVISIONS OF THIS ORDINANCE. There are hereby further adopted review criteria and considerations which, with the use recommendations of the 1973 Aspen General Land Use Plan, shall be applied in the review procedures established by this ordinance. The (2) RECORD OF PROCEEDINGS 100 Leaves Planning and Zoning Commission is authorized to recommend the adoption of additional excepted uses and review criteria, or modifications to those herein contained, for application in the review procedure, provided, however, that such additional excepted uses and review criteria must, prior to their appli- cation, be approved by the City Council by ordinance.', Section 5. Section III A of Ordinance 19, Series of 1973, be amended to read as follows: "1. ~he-~e~ew~ff-~ses-sh~-~e-e~emp~-~em_~e~ew THE FOLLOWING USES SHALL BE USES OF RIGHT (except in those areas between Garmisch and Monarch Streets and Hunter and Original Streets): antique shop, appliance store, restaurants, art supply store, art gallery, bakery, bookstore, camera shop, candy, tobacco or cigarette store, catalogue store, clothing store, decorator shop, florist shop, furniture store, gift shop, hobby shop, jewelry shop, job printing shop, key shop, pet shop, photography shop and sporting goods store. 2. P~evi~e~-~ewe~e~w-~h~ All lot and yard requirements and building heights are subject to review during which the following factors are to be considered; the preservation of views of Aspen and Shadow mountains; the reduction of building bulk and lot coverage, with allowances for greater height in exchange for reduced lot coverage; and providing for plazas." Section 6. Section III B 1 of Ordinance 19, Series of 1973, be amended to read as follows: "l. The following uses are e~emp~-~em-~ev~ew USES OF RIGHT: single family detached residences with 6,000 square feet (3) RECORD OF PROCEEDINGS 100 Leaves or greater lot area; accessory uses; AND THE REMODELLING OF EXISTING LODGES WHERE SUCH CONSTRUCTION WILL NOT RESULT IN AN INCREASE IN GUEST CAPACITY OR IN AN EXTENSION OF AN ACCESSORY USE." ~ection 7. Section III C 1 of Ordinance 19, Series of 1973 be amended to read as follows: "l. The following uses are e~em~-~em-~e~ew+-s~g~e ARE USES OF RIGHT; family detached residences with 15,000 square feet or greater lot area; and accessory buildings.,, Section 8. Section III D 1 of Ordinance 19, Series of 1973, be amended to read as follows: "1. The following uses shall be e~em~-~em-~e¥iew: USES OF RIGHT: single family residences with 6,000 square feet or greater lot area; and accessory buildings." Section 9. Section III E of Ordinance 19, Series of 1973, be amended to read as follows: "1. The following uses are e~emP~-~em-~e~iew: USES OF RIGHT: single family residences with 6,000 square feet or greater lot area; and accessory buildings. 2. The remodelling of existing lodges is not subject to review where such construction will not result in an increase in guest capacity OR IN AN EXTENSION OF AN ACCESSORY USE." Section 10. Section III E ~Ordinance 19, 1973, be amended by the addition ofpar~graph7 to read as follows: (4) RECORD OF PROCEEDINGS 100 Leaves ject "7. The allowable density of the development is sub- to modification as determined by: (a) the physical conditions of the development site, i.e., shope, access, drainage, natural vegetation and all other terrain features. (b) the impact resulting from the development, i.e., potential for stream and air pollution, the feasibility of snow removal, the availability of public transportation, and other public and private services." Section il. Section III F 1 of Ordinance read as follows: 19, 1973, be amended to "1. The following uses are e~emP~-~em-~eview+ ARE USES OF RIGHT: single family detached residences when the lot area meets the minimum lot requirements of the existing zone district; accessory buildings, fences and signs." Section 12. Section III F o£ Ordinance 19, 1973, be amended by the addition of paragraph 5 to read as follows: "5. The allowable density of the development is subject to the modification as determined by: (a) the physical conditions of the development site, i.e., slope, access, drainage, natural vegetation and all other terrain features. (b) the impact resulting from the development, i.e., potential for stream and air pollution, the feasibility of snow removal, the availability of public trans- portation, and other public and private services." (5) RECORD OF PROCEEDINGS 100 Leaves Section 13. Section III G I of Ordinance 19, Series of 1973, be amended to read as follows: "l. The following uses shall be USES OF RIGHT: C-PND Commercial Planned Neighborhood Develop- ment Districts in the existing commercial zones and which are subject to and satisfy the requirements of Chapter 24, Section 24-10.1 PUD Planned Unit Development of the Aspen Municipal Code; appliance sales and repair shops, office machine sales and repair shops, furniture stores, carpet and rug stores, paint and wallpaper stores, furniture upholstery and repair shops, hardward stores, garden supply centers, printing shops, rental stores, lumber yards, shop craft industries, plumbing shops, electrical and heating supply shops, cabinet shops, wholesale establishments, warehousing, office accessory to any of the above listed uses, and residences for employees of the Neighborhood Commercial/Limited Industrial District.', Section 14. Section III G of Ordinance 19, Series of 1973, be amended by the addition of Paragraph 4 to read as follows: "4. The allowable density of the development is subject to modification as determined by: (a) the physical conditions of the development, i.e., slope, access, drainage, natural vegetation and all other terrain features. (b) the impact resulting from the development, i.e., potential for stream and air pollution, the feasibility of snow removal, the availability of public trans- portation, and other public and private services.,, (6) RECORD OF PROCEEDINGS 100 Leaves Section 15. Section III H of Ordinance 19, Series of 1973, be amended to read as follows: "H. Institutional: within those areas designated on the 1973 Aspen general land use map as "Institutional,,, all uses shown on an Aspen Planning and Zoning Commission approved plan for institutional lands are e~em~-~em-~e~iew~ USES OF RIGHT. Section 16. Section III I of Ordinance 19, to read as follows: Series of 1973, be amended "I. Public: within those areas designated on the 1973 Aspen general land use map as "Public", all uses shown on a Planning and Zoning Commission approved plan for public lands are e~emP~-~e~-~e~iew~ USES OF RIGHT. Section 17. Inasmuch as the modifications to Ordinance 19 hereinabove provided for are of great concern to the Aspen City Council and the immediate implementation of the changes is needed to aid in the orderly processing of permits under Ordinance 19 and to prevent the effectiveness and purposes of Ordinance 19 from being undermined, it is hereby declared that an emergency exists and that this ordinance shall become effective immediately upon the final passage thereof and that it shall be published l0 days after final passage, or as Soon thereafter as possible, all in accordance with Section 4.11 of the Aspen Charter. ~ection 18. If any provision of this ordinance or the application thereof to any person a circumstance is held invalid, such invalidity shall not affect other provisions or applications (7) RECORD OF PROCEEDINGS 100 Leaves or 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 19. A public hearing on this ordinance shall be held on Wednesday, November 14, 1973, at 5 p. m. in the City Council Chambers, City Ball 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 of Aspen, Colorado, on ~ov~ ~ /~.~ , 1973. ATTEST: . City Clerk READ, APPROVED AND ADOPTED as provided by law by the City Council o£ the City of Aspen, at its ..... ~- --~ .... meeting held at the City of Aspen, Colorado, on .~0~ ~e~ . , 1973. C'tyCl~rk STATE OF COLOP~DO) ) COUNTY OF PITKIN ) SS CERTIFICATE 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 --November 12 , 1973, and published in the Aspen Times , a weekly newspaper of general circulation, published in the City of Aspen, Colorado, in its issue of ~ovember 22 , 1973, and was finally adopted and approved at a regular meeting of the City Council on__November 14 published as Ordinance No. said City, as provided by law. 34 , 1973, and ordered , Series of 197__3, of IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this 19th day of November -- , 197 3. ~ Eorraine Graves, City Clerk