HomeMy WebLinkAboutresolution.apz.011-74RESOLUTION OF THE PLANNING AND ZONING COMMISSION
RECOMMENDING THE ADOPTION OF A REVISED
ZONING CODE AND ZONING DISTRICT MAP
WHEREAS, the Aspen City Council by its enactment
of Ordinance 19, Series of 1973, established an interim review
process to be exercised by the Planning and Zoning Com~nission
in anticipation of the enactment of
zoning district map and zoning code,
of ·the Aspen Municipal Code, and
a completely revised
amendment of Chapter 24
WHEREAS, the Planning and Zoning Commission pursuant
to its authority granted in Section 139-59-1, et seq., of
the Colorado Revised Statutes presented to the Aspen City
Council a 1973 General Land Use Plan incorporating its
initial objectives for land use p~anning, and
WHEREAS, the Commission, after reviewing the 1973
Genera]. Land Use Plan and having engaged in the Ordinance 19
review process for more than a one year per~od feels that it
has compiled a zoning code and distzict map which will
achieve the objectives of both the General Land Use Plan and
Ordinance 19, and
WHEREAS, by the adoption by the City of Aspen of
this code and district map, it is anticipated that the
recommendations therein will "contribute toward the control
of growth, will balance and correlate· land use and trans-
portation facilities, will provide residential areas for
permanent residents, broaden the economic base of the
community, accomplish a harmonious development of the city
in accordance with present and future needs and promote
the health, safety, convenience, prosperity and general
welfare of the co~unity," all as directed by the preamble
of Ordinance 19, Series of 1973, and
WHEREAS, Section 24-11 of the Aspen Municipal Code
provides that following pu}!~lJc hearing and study, the Planning
and Zoning Commission shall recommend amendments to the
zoning code and district map to the City Council and it is
the purpose of this Resolution t~ constitute the requisite
report to the City Council,
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING
AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO:
1. That it does hereby recol~mend to the City
Council the adoption of the revised zoning district map
and code, which code is entitled "Planning and Zoning
Commission Recommended Zoning Code - Recodification of
Chapter 24, Aspen Municipal Code" which code and zoning
district map are incorporated herein by this reference.
2. That the Planning and Zoning Commission has
determined that it is their purpose to achieve the following,
and the recommended code and map will contribute toward
achieving:
a. The location of tourist accommodations
near tourist activities and available
transit for the purpose of eliminating
the need for private or rental cars by
tourists within the City of Aspen.
b. The limitation of additional tourist
accommodations so as to prevent a
significant increase in the existing
imbalance between ~ourist accommodations
and the Aspen Mountain ski hill capacity.
c. A transition of density from high density
areas in the central commercial core to
medium density uses near the central core
fringe and then to a lesser density on
the more outlying areas of the City which
will ~nterface with the county zone
district adjacent to the City boundaries.
d. Limitation of development along Main
Street that might generate intense increases
of traffic.
e. The use of parks, open space and greenbelt
areas as pedestrian links between Aspen
Mountain and the Roaring Fork River through
the downtown central' mall area and the City
owned Rio Grande p}roperty, so as to reduce
reliance on the automobile and in the
implementation of the Roaring Fork Green-
way Plan, Urban Runoff Management Plan and
the Regional Transportation Plan.
f. The rezoning of public lands as public,
park, park/transportation or park/drainage
to establish quality uses; and set the
character of neighborhoods within the
City which will require private develop-
ment adjacent thereto to be of like and
compatible character; and to provide that
open space and landscaping necessary for
visual relief and scale inherent in urban
areas.
g. The protection of the base of Aspen Mountain
from further development and encroachment
and conversion to high density uses so as
to allow adequate emergency and maintenance
vehicular circulation in the area, protect
the snowpack in heavily used areas, allow
runoff and drainage, facilitate pedestrian
access, and protect the scenic view of the
mountain.
h. The growth of the City to be sychronized
with the ability of the City, special
service districts and public utilities to
provide in a sound fiscal manner adequate
public services and facilities.
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small town,
resort area,
maintenance
The preservation of the experience of an
uncrowded, peaceful, quiet and friendly
and attractive tourist and
and, consequently, the
of a viable economic base for
the pros.perity of ~ts residents.
BE IT FURTHER RESOLVED, that the recommendation to
re-adopt the existing viewplanes is a limited recommendation
conditioned upon the establishment by the Aspen City Council
of procedures whereby, upon a determination that neither a
variance from the requirements of Section 24-6.4 nor develop-
ment according to Section 24-8.1 will allow reasonable enjoy-
ment of a substantial property right enjoyed by other properties
within the same zoning district, an owner of (or any person
having any legal or equitable interest in) real property so
affected by an established viewplane may submit a written
claim for damages to the City Council which may then:
1. Abolish the viewplane responsible for the
loss suffered; or
2. Allow the claim for damages made; or
3. Institute, in the event the claim is not
allowed in full, proceedings in Court to
ascertain the amount, if any, due the claimant.
Those lawsuits instituted to determine the
amount of damages allowed shall be in the
nature of a proceeding in eminent domain
for the condemnation of the right or rights
in real property and shall be governed under
the applicable statutes and proceedings of
Chapter 50, C.R.S. 1963;
BE IT FURTHER RESOLVED that the Planning and Zoning
Conm]ission does strongly encourage the creation of a staff
position, within the City administration, of zoning enforcement
officer, whether within or without the building inspection
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department, to help accomplish the objectives of the Code
and district map hereinsbove recommended for adoption by
the City Council;
Date
BE IT FURTHER RESOLVED that upon adoption of this
Resolution by the Commission the recommended code and district
map shall have that interim effect provided for by Section
24-12(c) of the Aspen Municipal Code and that there shall be
issued by the City Building Inspector, for a period of one
year from the date hereof, no building permit which would be
prohibited by the proposed amendments.
I ~k ~..~'.~ /~ duly appointed and
acting deputy City Clerk, do hereby certify that the foregoing
Resolution was adopted by the Aspen Planning and Zoning Commission
at its meeting held . ((~,~/_~./~f~.x .x~ , 1974
Deputy City Clerk