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HomeMy WebLinkAboutordinance.council.033-85 RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 33 (Series of 1985) AN ORDINANCE AMENDING SECTION 24-3.2 OF THE MUNICIPAL CODE, PER- MITTED AND CONDITIONAL USES, TO ADD ARTISTS STUDIOS WITH OPTIONAL ACCESSORY DWELLING UNIT AS A PERMITTED USE IN THE SERVICE/COMMER- CIAL/INDUSTRIAL ZONE WHEREAS, on Feburary 15, 1985, the 412 North Mill Condominium Association (hereinafter the "Applicant) initiated an amendment to Section 24-3°2 of the Municipal Code by submitting a private application for a zoning change, as provided by Section 24-12.5 of the Code; and WHEREAS, the Planning and Zoning Commission reviewed the Applicant's request for "artists' studios with optional accessory dwelling unit" as a permitted use in the Service/Commercial/ Industrial (S/C/I) zone, at public hearings held during their meetings of April 2 and April 16; and WHEREAS, the Commission determined that artists' studios fit the intention of the zone and should be made uses by right, but that accessory dwelling units should remain conditional uses and be reviewed for their appropriateness on a case-by-case basis; and WHEREAS, the Aspen City Council, at a public hearing held on June 24, 1985, determined that it wished to adopt the amendment to Section 24-3.2 as originally proposed by the applicant. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 24-3.2 of the Municipal Code be and hereby is amended to add "artists' studios with optional accessory dwelling unit" as a permitted use in the S/C/I zone district. RECORD OF PROCEEDINGS 100 Leaves Section 2 That Section 24-3.2 of the Municipal Code be and hereby is amended to revise the intent of the S/C/I zone district to read as follows: "To allow for the use of land and the preservation of limited commercial purposes and limited industrial purposes, with customary accessory and institutional uses, which do not require or generate high customer traffic volumes. In addi- tion, residences for those employed in this district may be included in the service or commercial buildings or adjacent thereto as conditional uses, or if expressly allowed, as per- mitted uses." Section 3 If any section, subsection, sentence, clause, phrase or por- tion of this ordinance is for any reason held invalid or unconsti- tutional 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 3 A public hearing on the ordinance shall be held on the ~_ day of _ ~ .... , 1985, in the City Council Cham- bers, 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 of the City Council of the City of Aspen on the ~f~ day.of  ~_~. , 1985. William L. S ATTEST: RECORD OF PROCEEDINGS 100 Leaves FINALLY adopted, passed and approved this _~__~ day of  , 1985. ~TTEST: <, _ ! ~~ci~ ~e~ 3F 3 RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO CERTIFICATE COUNTY OF PITKIN I, Kathryn $. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on first reading at a regular meeting of the City Council of the City of Aspen on ~ ~ ., 1985, and published in the Aspen Times, a weekly newspaper of general circulation published in the City of Aspen,Colorado, in its issue of /~ ~. 1985, and was finally adopted and approved at a regular meeting of the City Council on  c~ , published as 1985, and ordered Ordinance No. 39 , Series of 1985, 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 c~ day of  1985. -SEAL Deputy City Clerk '"