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HomeMy WebLinkAboutordinance.council.039-01 ORDINANCE NO. 39 (SERIES OF 2001) A ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A CODE AMENDMENT TO CHANGE THE TITLE OF THE RESIDENTIAL MOBILE HOME PARK (MHP) ZONE DISTRICT TO HIGH DENSITY RESIDENTIAL (R-3) SECTION 26.104.100, DEFINITIONS, SECTION 25.710.120, RESIDENTIAL MOBILE HOME PARK (MHP) AND ALL ASSOCIATED SECTIONS INCLUDING 26.710.120(A), PURPOSE, 26.710.120(B), PERMITTED USES, 26.710.120(C), CONDITIONAL USES AND 26.710.120(D) DIMENSIONAL REQUIREMENTS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from Smuggler Homeowners Association applicants, represented by Mark P. Hesselschwerdt, requesting a code amendment to change the title of the Residential Mobile Home Park (MHP) Zone District to High Density Residential (R-3); and WHEREAS, pursuant to Sections 26.310.040, the City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by ordinance approve, approve with conditions, or deny a Code Amendment application for Amendment to the Land Use Code and Official Zone District Map, after recommendation by the Community Development Department and Planning and Zoning Commission pursuant to Section 26.430.020; and, WHEREAS, the Community Development Department reviewed the Code Amendment application for a change in title for the Residential Mobile Home Park (MHP) Zone District pursuant to Section 26.310.040 and recommended approval; and, WHEREAS, during a public hearing on August 21, 2001, the Planning and Zoning Commission recommended, by a seven to zero ( 7 - 0_) vote, the City Council approve the amendments to Section 26.104.100, Definitions, "Mobile Home Park," and Section 26.710.120, Zone Districts, Residential Mobile Home Park (MHP) as proposed by the Community Development Department. WHEREAS, the City Council conducted a public heating, considered the recommendation of the Community Development Director and took public testimony for a Code Amendment that would change the title of the Residential Mobile Home Park (MHP) Zone District to be renamed High Density Residential (R-3); and, WHEREAS, the City Council finds that the Code Amendment proposal meets or exceeds all applicable amendment standards and that the approval of the Code Amendment, is consistent with the goals and elements of the Aspen Area Commtmity Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Code Amendment application for a change in title of the Residential Mobile Home Park (MHP) Zone Distric~ to High Density Residential (R-3) and associated sections is approved as noted below: Section 26.104.100: Mobile home park. A parcel or area of land upon which two or more mobile homes, occupied or intended to be occupied for a dwelling, are located for any period of time, regardless of whether or not a change is made for such accommodations, and whether or not the mobile homes and/or land are owned by the occupants. Section 26.710.120: High Density Residential (R-3) Section 26.710.120(A): Purpose. The purpose of the High Density Residential (R-3) zone district is to provide for the use of land to locate manufactured housing for intensive long-term residential proposes, with customary accessory uses and less intensive office uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. The High Density Residential (R-3) zone district shall be located in areas where the effect on surrounding property shall be minimized, where the health, safety and general welfare of High Density Residential (R-3) zone district residents and others will be protected and where the topography is suitable for the permitted uses and conditional uses allowed in the High Density Residential (R-3) zone district. Section 26.710.120(B): Permitted uses. The following uses are permitted as of right in the High Density Residential (R-3) zone district: Section 26.710.120(C): Conditional uses. The following uses are permitted as conditional uses in the High Density Residential (R-3) zone district, subject to the standards and procedures established in Chapter 26.425: Section 26.710.120(D): Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the High Density Residential (R-3) zone district: Section 2: All material representations and commitments made by the applicant pursuant to the Code Amendment approval as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such Code Amendment approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Ordinance shall not effect 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 is 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 heating will be held on the 9th day of October 2001 at 5:00 p.m. in the City Council Chambers, City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen, on this 24th day of September 2001. APPROVED AS TO FORM: CITY COUNCI~.,/~.~~ //.4 - ~om~ -XTTE~/: Ka~ ~di~ ~lerk F~LY adopted, passed ~d approved this 9th day of October 20~~ ATTEST: