HomeMy WebLinkAboutordinance.council.038-00 ORDINANCE NO. ~
(SERIES OF 2000)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AMENDMENTS
TO THE NEIGHBORHOOD COMMERCIAL ZONE DISTRICT AND DEFINITIONS
PROVISIONS OF THE LAND USE CODE, SECTIONS 26'710.170(B), AND 26.104.100.
WHEREAS, Kathie Schulman, owner of the Kolor Wheel (Applicant), has applied
for an amendment to the Land Use Code to add "paint your own ceramics, arts, and crafts
studio" as a permitted or conditional use to Section 26.710.170 Neighborhood Commercial
(NC) Zone District; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of
the Municipal Code shall be reviewed and recommended for approval, approval with
conditions, or denial by the Planning Director and then by the Planning and Zoning
Commission at a public hearing. Final action shall be by City Council after reviewing and
considering these recommendations; and,
WHEREAS, the Community Development Depamnent recommended denial of the
amendment to the Land Use Code, as described herein; and,
WHEREAS, the Aspen Planning and Zoning Commission held a public hearing to
consider the existing and proposed Land Use Code amendments, took and considered public
testimony and the recommendation of the Planning Director and recommended, by a seven m
zero (7-0) vote, City Council adopt the proposed amendment to Section 26.710.170(B) of the
Land Use Code as a conditional use and directed Community Development Staff to amend
the Definitions Section 26.104.100 to include a definition of the proposed use, as described
hereinafter; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission and
the Community Development Director, and has taken and considered public comment at a
public hearing on September 11, 2000; and,
WHEREAS, the city Council finds that the development proposal meets or exceeds all
applicable development standards and that the approval of the development proposal, with
conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council fmds 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:
Section 1
Section 26.100.104, Definitions, which describes the meaning of terms used in the Land Use
Code is hereby amended by inclusion of the following term and definition:
Paint your own ceramics, arts, and crafts studio.
A workshop that includes the making, glazing, firing, and/or painting of
ceramics by hand or involving the use of hand tools or small scale equipment
by the public, which may include accessory retail sales and office space for
purposes directly related to the studio.
Section 2
Section 26.710.170(C) Neighborhood Commercial Zone District, which describes thc
permitted uses in this zone district, is hereby amended as follows:
26.710.170 Neighborhood Commercial (NC).
C. Conditional uses. The following uses are permitted as conditional uses in the
Neighborhood Commercial (NC) zone district, subject to standards and procedures
established in Chapter 26.425:
I Service station;
2. Laundromat;
3. Garden shop;
4. Hardware store;
5. Paint and wallpaper store;
Carpet, flooring and drapery shop;
7. Business and professional office;
8. Free market dwelling units which are accessory to other permitted uses; and
9. Home occupation.
10. Paint your own ceramics, arts, and crafts studio.
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 ~s 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 hearing on the Ordinance shall be held on the 11th day of September, 2000, at 5:00
p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado. fifteen (15) days prior to
which heating a public notice of the same shall be 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 14th day of August, 2000.
Attest:
K/i~h'i:yrrS~och, City Clerk ~ Rachel E. RichardsLMayor
FINALLY, adopted, passed and approved this 11th day of September, 2000.
Attest:
K~h.ry~ n.~S. ~o'~h, City Clerk
Approved as to form:
John~g~'rc'~s~r, Cio/Attorney
C:~home~nickl~Aotive Cases\Kolor Wheel\ORD.doc