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Home My WebLink Aboutordinance.council.013-91 ORDINANCE NO. 13 (Series 1991) AN ORDINANCE Ai~ENDING CHAPTER 24 OF THE ASPEN MUNICIPAL CODE, LAND USE R~GULATIONS, BY CP~EATING AND ADDING NEW ZONE DISTRICT CLASSIFICATIONS, AMENDING PROVISIONS APPLICA_BL~ TO SPECIALLY PLANNED Ai~EAS, AND A_M~NDING PROVISIONS FOR GROWTH MANAGEMENT QUOTA SYSTEM EX~/~PTIONS FOR ESSENTIA~ PUBLIC FACILITIES. WHEREAS, Section 24-7-1103 of the Municipal Code provides that amendments to Chapter 24 of the Cods, to wit, "Land Use Regulations", shall be reviewed and recommended for approval by the Planning Director and then by tbs Planning and Zoning Commis- sion at public hearing, and then approved, approved with condi- tions, or disapproved by the City Council at public hearing; and ~fHEREAS, the Planning Director did receive and has reviewed and racommended for approval certain text amendments to Chapter 24 arising from the Aspen Meadows Specially Planned Area (SPA) Development Plan submission relating to zone district classifica- tions, specially planned areas, and growth management quota system exemptions for essential public facilities; and ~<HER~AS, the Planning and Zoning Commission has reviewed and approved at public hearing those Code tex~ amendments as recom- mended by the Planning Director and associated with the Aspen Meadows SPA Development Plan submission pursuant to the procedure as authorized by Section 24-6-205(A)8 of the Municipal Code; and %~EP~EAS, the City Council finds that the proposed text amendments as approved and recommend by the Planning and Zoning Commission are consistent with the goals and elements of the Aspen Area Comprehensive Plan and Aspen Meadows Master Plan and are not in conflict with other portions of Chapter 24; and WHEREAS, the city Council finds that the proposed text amendments will allow and promote compatibility of zone districts and land uses with existing land uses and neighborhood character- istics and will be consistent with the public welfare and the purposes and intent of Chapter 24 of the Municipal Code. NOW, THEREFOP~E, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1 New Section 5-220.1, "Open Space", is hereby added to Division 2, "Zone Districts, Permitted Uses, Conditional Uses, Dimensional Requirements, Maximum Land Use Densities and Off- Street Parking Requirements", of Article S of Chapter 24 of the Municipal Code of the City of Aspen, colorado, such new section to read as follows: Sec. 5-220.1. Open Space (OS). A. Purpose. The purpose of the Open Space (OS) zone district is to preserve, protect and enhance lesser developed or undeveloped areas within the city containing unique naturally occurring or man-made landscape features which provide visual relief and enjoyment while reflecting or presenting com~uni- ty artistic or architectural statements. Develop- ment in the Open Space (OS) zone district should emphasize and be consistent with the natural dynamic state of the land and minimize disruption of existing natural conditions. B. Permitted uses. The following uses are permitted as of right in the Open Space (OS) zone district. 2 1. Paved and unpaved walk"ways; 2. Benches; 3. Sculpture; 4. Water features such as ponds, streams or foun- tains; 5. Architectural lighting and downcast iow-illumina- tion lighting for walkways and trails; 6. Sculptured or manicured landscape features; 7. Fencing. C. Conditional uses. None. Section 2 New Section 5-220.2, "Wildlife Preservation", is hereby added to Division 2, "Zone Districts, Permitted Uses, Conditional Uses, Dimensional Requirements, Maximum Land Use Densities and Off-Street Parking Requirements", of Article 5 of Chapter 24 of the Municipal Code of the City of Aspen, colorado, such new section to read as follows: Sec. 5-220.2. Wildlife Preservation (WP). A. Purpose. The purpose of the Wildlife Preservation (WP) zone district is to secure and protect undeveloped or less developed areas within the city from traditional development activities so as to provide for the nutur- lng and preservation of naturally occurring vegetation, topography, wildlife and wildlife habitat while permit- ting controlled and limited human use and activities. B. Permitted uses. The following uses are permitted as of right in the Wildlife Preservation (WP) zone district. 1. Unpaved walkways and trails; 2. Benches; 3. Pedestrian bridges. C. Conditional uses. The following uses are permitted as conditional uses in the Wildlife Preservation (WP) zone district, subject to the standards and procedures established in Article 7, Division 3. 1. Paved walkways and trails; 2. Fencing; 3. Downcast low-illumination lighting for walkways and trails. Section $ Section 7-804D, "Final development plan", of Division 8 "Specially Planned Area (SPA)", of Article 7 of Chapter 24 of the I~unicipal Code of the City of Aspen, Colorado, is hereby amended at subsection 2, "Variations permitted", which subsection is hereby amended to read as follows: Sec. 7-804D. Final development plan. 2. Variations permitted. The final development plan shall comply with the requirements of the underlying zone district, provided, however, that variations from those requirements may be allowed based on the standards of Section 7-804(B). Variations may be allowed for the following requirements: open space, minimum distance between buildings, maximum height, minimu~ front yard, minimum rear yard, minimum side yard, minimum lot width, minimum lot area, trash access area, internal floor area ratio, numlber of off-street parking spaces and uses, and design standards of Section 7-1004 (C) (4) for streets and related improvements. Any variations allowed shall be specified in the SPA agreement and shown on the final development plan. Section 4 Section 8-104 (C), "Exemption by city council", of Article 8, "Growth Management Quota System (GMQS)", of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, is hereby repealed and reenacted at subsection (1) (b), "Construction of essential public facilities", which subsection shall read as follows: Sec. 8-104(C) (1) (b). Construction of essential public facilities. (i) Except for housing, development shall be considered an essential public facility if it serves an 4 essential public purpose, provides facilities in response to the demands of growth, is not itself a growth generator, is available for use by the general public, and serves the needs of the city. It shall also be taken into consider- ation whether the development is a not-for-profit venture. This exemption shall not be applied to co~erolal or lodge development. (ii) A development applicant shall demonstrate that the impacts of the essential public facility will be mitigated, including those associated with the generation of additional employees, the demand for parking, road and transit services, and the need for basic services including but not limited to water supply, sewage treatment, drainage control, fire and police protection, and solid waste disposal. It shall also be demonstrated that the proposed development has a negligible adverse impact on the city's air, water, land and energy resources, and is visually compatible with surrounding areas. (iii) Notwithstanding the criteria as set forth in para- graphs (i) and (ii) above, the city council may determine upon application that development associated with a non- profit entity qualifies as an essential public facility and may exempt such development from the GMQS and from some or all such mitigation requirements as it deems appropriate and warranted. Section 5 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 6 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 5 portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 7 Public hearing(s) on this Ordinance shall be held on the /s day of /~ , 1991, in the City Counoil Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ A~D ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on th~ day William L. sti~ling, Mayor ATTEST: Kathyrn ~. Roch, City Clsrk /~_~__FINALLY ADOPTED, passed and approved this ~f~day of , 1991, William L. Stifling, Mayor AT%EST; Kathryn ~ K~ch, City Clerk 6