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HomeMy WebLinkAboutordinance.council.029-86 RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO.. ~ (Series of 1986) AN ORDINANCE OF THE ASPEN CITY COUNCIL AMEllDING SE~ION 24-3..7 (d) TO ALLOIf POOLS AND OTHER RECRFATION ARFAS IN OPEN SPACE IN LODGE ZONE DISTRICTS WHERFAS, in response to numerous citizen inquiries as to why pools and other recreation areas are prohibited in open space in our lodge zones, the Aspen Planning and Zoning Commission (here- inafter, "The Commission") did initiate a Code Arnendment1 and WHEREAS, at a duly noticed publ ic hearing held on July 8, 1986, the Commission did consider three al ternatives for addressing this issue 1 and WHERFAS, the Commission did recommend that Council aCbpt a new Section 24-3.7(d) (9) providing for the inclusion of pools and other recreation areas in open space, subj ect to certain defined standards which will be administered by staff review1 and WHERFAS, the Aspen City Council (hereinafter, "The Council") having received the recommendation of the Commission, desires to amend Section 24-3.7(d). NOW, THEREFORE, BE IT ORmINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO.. Section 1 That Section 24-3.7(d) Open Space Requirements be amended by the addition of the language in bold below: (d) Open space requirements. For purp::>ses of satisfying this requirement, open space shall be defined as a portion of a building site, one side of which shall be open to the street unobstructed from ground level to sky with the exception of permitted architectural projections above RECORD OF PROCEEDINGS 100 Leaves ground level and which space shall not be used for storage, swimming pools and other recreation areas, (except as specifically provided for in subparagraph (9) below,) trash area, rear access area, parking or structures of any nature, except fountains, pathways, fences and landscaping. Section 2 That a new Section 24-3.7 (d) (9) be enacted to read as follows: "9) Required open space in the L-l, L-2, L-3 and CL zone districts may be used for swimming pools and other recreation areas if the following standards are aet: a) The pool and other recreation area shall constitute not more than 1/5 (20%) of the total open space provided on the site.. b) ~he deck and surface of the pool or other recreation area shall not be .ore than four feet above or 10 feet below the grade of the street which abuts the open space..- Section 3 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 remaining portions thereof. Section 4 A public hearing on day of ~ Council Chambers, 2nd Floor the Ordinance shall be held on the ZS- , 198~, at 5: 00 P.,M. in the Ci ty Hall, 130 S. Galena Street, Aspen, COlorado. 2 RECORD OF PROCEEDINGS 100 Leaves INTRODUCED, RFAD AND ORDERED publ ished as provided by law by the City Council of the City of Aspen on the ~ day of ff~ ,198L. ~:~~ ATTEST: K~~;{!f~ FI~LLY adopted, passed and approved on this o?~day of ~-wH 'l98P-.~~A- William L., Stirling, Mayor ATTEST: ~Y/d~ Kathryn S Koch, City Clerk AR.710 3 --..-----