HomeMy WebLinkAboutordinance.council.008-02 ORDINANCE NO. 8
(SER1ES OF 2002)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE ALPINE ACRES PUD TO ALLOW FOR LOT 4A,
ALPINE ACRES SUBDIVISION TO BE ELIGIBLE FOR A 500 SQUARE FOOT
HISTORIC PRESERVATION FLOOR AREA RATIO BONUS FOR A
OUTSTANDING PRESERVATION EFFORT; CiTY OF ASPEN, PiTKIN
COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
from the Alan Becker, represented by Alan Richman, for an amendment to the Alpine
Acres Planned Unit Development (PUD) to allow for Lot 4A to be eligible for a 500
square foot historic preservation FAR bonus above and beyond the allowable FAR set out
forth in the Alpine Acres Planned Unit Development; and,
WHEREAS, pursuant to Sections 26.445.100 (B), that City Council, in
accordance with the procedures, standards, and limitations of this Chapter, shall by
ordinance approve, approve with conditions, or deny a Substantial PUD Amendment,
after considering a recommendation by the Community Development Director and the
Planning and Zoning Commission pursuant to Section 26.430.020; and,
WHEREAS, the Community Development Department reviewed the proposed
application to amend the Alpine Acres PUD to allow for Lot 4A, Alpine Acres Subdivision
to be eligible for a 500 square foot Historic Preservation floor area ratio bonus for an
outstanding preservation effort and recommended approval} and,
WHEREAS, the Planning and Zoning Commission conducted a public hearing to
consider the proposed PUD Amendment, took and considered public testimony and the
recommendation of the Community Development Director and recommended by a six to
zero (6-0) vote, that City CoUncil approve the proposed PUD Amendment; and,
WHEREAS, the Planning and Zoning Commission found that the proposal meets or
exceeds all applicable standards and that the approval of the proposed PUD Amendment, is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, City Council reviewed and considered the recommendations of the
Community Development Director, the Planning and Zoning Commission, and members of
the public during a duly noticed public hearing; and,
WHEREAS, the City Council finds that the proposed PUD Amendment meets or
exceeds all applicable standards and that the approval of the Code Amendments, are
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion ofpubhc health, safety, and welfare.
Ordinance No. 8, Series of 2002
Page 1 of 3
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE
CITY OF ASPEN:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
Condition A of the Alpine Acres PUD is hereby amended to read as follows:
A. Each dwelling unit in Alpine Acres shall be restricted to a
maximum countable floor area of 2,486 square feet, plus any floor
area bonus that might be awarded by the HPC to Lot 4A for an
outstanding preservation effort for a historic landmark pursuant to
Section 26.420.020 of the City of Aspen Land Use Code.
Section 2:
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 construed and concluded under such
prior ordinances.
Section 3:.
If any section, subsection, sentence, clanse, 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 4:
A public hearing on the Ordinance shall be held on the 25th day of March, 2002, at 5:00 p.m.
in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to
which hearing 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 at on this 25th day of April, 2002.
Kathryn.S. ,Ko¢ City Clerk
Ordinance No. 8, Series of 2002
Page 2 of 3
FINALLY, adopted, passed, and approved this 25th day of March, 2002, by a vote of five
to zero (5-0).
'XTTgST] :
athryn S. K~, City Clerk'
Approved as to form:
J~ffn P. Wor~es'~er, City Attorney
Ordinance No. 8, Series of 2002
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