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HomeMy WebLinkAboutordinance.council.028-86 RECORD OF PROCEEDINGS ORDINANCE NO. 2.8 (Series of 1986) AN ORDnaNCE AMENDING THE USE 'mBLES TO ALLOW NON-ACCESSORY DifELLING UNITS AS A CONDITIONAL USE FOR DESIGMTED HISTORIC STRUCTURES IN THE COMMERCIAL CORE ZONE DISTRICT 100 Leaves WHER~S, the Aspen Planning and Zoning Commission initiated a code amendment at the request of a private applicant to Section 24-3.2 of the Municipal COde to allow dwelling uni ts as a condi- tional use for designated historic structures in the Conunercial Core Zone District and amend Section 24-3.7(0)(1) to restrict conunercial core dwelling units to 6 month minimum leases. as provided by Section 24-12.31 and WHERFAS, the COmmission reviewed the proIX>sed code amendment at a public hearing held during their regularly scheduled meeting on June 17, 19861 and WHER~S, the COmmission did recommend to the City COuncil to adopt a code amendment as proposed in Planning and zoning Commission Resolution #86-91 and WHEREAS, the Planning Commission did make the following findings wi th respect to the proposal: 1. Dwelling units presently exist on upper levels of numerous designated historic structures 1 and they would be brought into conformity through this code amendment. 2., The current limitation to accessory use status for residential uses in the Commercial Core is counter- productive to the goals of increasing vitality and diversi ty in the Commercial Core. 3. Residential uses are believed to be generally compatible and appropriate in many historic structures of the Commercial Core but should be conditional uses to ensure that the proposed residential conversion is consistent with the obj ectives and purposes of the RECORD OF PROCEEDINGS 100 Leaves zoning code. 4. As an incentive for historic preservation, adding dwelling units as a conditional use for historic structures will provide owners with an additional option f or use of upper story space. 5. Short-term residential uses could be sufficiently high- income producing to displace necessary Commercial Core functions, and should not be allowed as provided in the six-month minimum lease agreement stated in Section 24- 3.7(0) of the Municipal Code. 6. No negative impacts in traffic generation, parking, utilities, fiscal viability, air quality, water quality, and 1 and use s woul d appear to resul t f rom this code amendment. WHEREAS, having received and considered the recommendation of the Aspen Planning and Zoning Commission, Council desires to amend Section 24-3.2 and 24-3.7(0) (1) as hereinbelow provided: ROW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPER, COLORADO: Section 1 That the Intention statement appearing in Section 24-3.2 of the Municipal Code of the Ci ty of Aspen, Colorado, pertaining to the Commercial Core Zone District, is hereby amended as follows: (new language is in bold, old language is crossed out) "To allow the use of land for retail and service commercial, recreation and institutional purposes with customary accessory uses to enhance the business and service character in this central core of the City. Hotel and principal long-term residential uses may be appropriate as a conditional use, while accessory residential uses are permitted. Section 2 That the Table of Condi tional Uses appearing in Section 24- 2 RECORD OF PROCEEDINGS 100 Leaves 3.2, oertaining to the commercial Core Zone District, be amended to add: W(6) Non-accessory dwelling unites) above street level commercial uses in individually designated historic structures, provided that the unites) are restricted to 6-month minimum leases as provided in Section 24- 3..7(0) (l)w. Section 3 That Subsection (0)(1) of Section 24-3.7 of the Municipal Code of the Ci ty of Aspen is herein amended to read as follows: (new language is in bold) " (1) No mul ti-family uni t within the RMF, O. and C-l Districts or multi-family, duplex or single family unit in CC shall be leased for any period of less than six (6) success ive months: 0 r, in the al terna tive, be leased more than twice for short-term periods within any calendar year (in addition to occupancy by the owner or any lease for a six-month lease term) n. Section 4 If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of oompetent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaininq por tions thereo f., Section 5 A publ ic hearing on the day of au~ City Council Chambers, 130 S- ....,-"'H...J Ordinance shall be held on the ~::> , 198~, at 5:00 'P-M. in the Galena, Aspen, Colorado. INTRODUCED, RFAD AND ORDERED publ ished as provided by law by 3 RECORD OF PROCEEDINGS 100 Leaves the Ci ty Council of the Ci ty of Aspen on the r18' h ' 1986. day of ~~~. William L., Stirling, Mayor ATTEST: K~21~~ FINALLY adopted. passed ~-<#j , 1986. and approved on this ~~day of ~~~ AftEST: ~~ dJdu - Kathryn S. och, City Clerk SB . 6 26 4