Loading...
HomeMy WebLinkAboutordinance.council.009-93 ~...... ~~. . \~., ~- {. ~. ORDINANCE 9 (SERIES OF 1993) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, BY AMENDING MUNICIPAL CODE SECTIONS 24-3-101 DEFINITION OF "OPEN SPACE" AND 24-8-104 A.l.a.(l) "GROWTH MANAGEMENT EXEMPTION BY THE PLANNING DIRECTOR" TO ALLOW TRELLIS STRUCTURES IN REQUIRED OPEN SPACE. WHEREAS, section 24-7-1103 of the Municipal Code provides that amendments to Chapter 24 of the Code, to wit, "Land Use Regulations", shall be reviewed and recommended for approval by the Planning Director and then by the planning and zoning commission at public hearing, and then approved, approved with conditions, or disapproved by the city Council at public hearing; and WHEREAS, the Planning Director did receive from chitwood Plaza Company an application for amendments to the land use regulations, and reviewed and recommended for approval, certain text amendments to Chapter 24 relating to the definition of "open space" and growth management quota system exemptions for trellis structures; and WHEREAS, referral comments were received from the Engineering and Parks Departments; and WHEREAS, the Historic Preservation Committee reviewed the proposal and supports the concepts of the amendments; and WHEREAS, the Planning and zoning commission reviewed and approved at public hearings on February 2, and February 16, 1993, those code text amendments as recommended by the Planning Director pursuant to procedure as authorized by section 24-6-205 (A) 8 of the Municipal Code; and WHEREAS, prior to first reading of an amendment ordinance, the 1 .' I, . . ~.. tA. . .' '\'.. \'. '\\!!!, City Council, in consideration of the recommendation by the Planning and Zoning commission, determined that the recommended text was too broad and undefined and directed staff to revise the proposed changes; and WHEREAS, the city council favorably reviewed staff's changes on March 22, 1993 and directed staff to proceed with the ordinance adoption process; and WHEREAS, the city council finds that the proposed text amendments as approved and recommended by the Historic Preservation committee and the Planning and Zoning commission and as affiendedby staff are consistent with the goals and elements of the Aspen Area Comprehensive Plan and are not in conflict with other portions of Chapter 24; and WHEREAS, the City council finds that the text amendments will allow and promote compatibility of zone districts and land uses with existing land uses and neighborhood characteristics and will be consistent with the public welfare and the purposes and intent of Chapter 24 of the Municipal Code. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO: section 1: section 3-101 "Definitions - Open space" of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, is hereby amended by the addition of language in paragraph one, and the addition of language in subparagraph "J", such amendment to read as follows: Section 3-101. Definitions as used in this chapter. 2 .'t.' """ .- \. . Open Space means any portion of a parcel or area of land or water which is open or unobstructed from the ground to the sky with the exception of permitted architectural projections such as building eaves or trellis structures as further described in subparagraph "J" below, and shall include areas maintained in a natural or undisturbed state, as well as recreation areas, pools, plazas, pathways, fountains, landscaping, and similar areas which provide visual relief from the mass of the buildings. [Subparagraphs A. through I. are unchanged.] J. Commercial Restaurant Use. The provisions of subparagraph I above notwithstanding, required open space my be used for commercial restaurant use if the commission shall determine that such use is compatible with or enhances the purposes of the open space requirements and that adequate pedestrian qnd emergency vehicle access will be maintained. Trellis structures shall only be proposed in conjunction with commercial restaurant uses on a designated Historic Landmark or within (H) Historic overlay zones and must be approved by the Historic Preservation Committee pursuant to review requirements contained in Article 7, Division 6 of Chapter 24 of the Aspen Municipal Code and the Planning Director pursuant to section 24-8-104 A.l.a. (1). Such approved structures shall not be considered additional floor area ratio (FAR) or reduce open space on the parcel. section 2: section 8-104.A.1.a. (1) "GMQS Exemption by the Planning Director" of Chapter 24 of the Municipal Code of the city of Aspen, Colorado, is hereby amended by the inclusion of new language, which shall read as follows: A. Exemption by planning director. 1. General. Development which the planning director shall exempt shall be as follows: a. Remodeling, restoration, or reconstruction of existing building. (1) The remodeling, restoration, or reconstruction of an existing comme:r-cial, lodge or multi-family building or the addition 0+ a trellis structure to a commercial restaurant use which does not expand commercial or office floor area or create additional dwelling, hotel or lodge units or involve a change in use. No bandit unit shall be remodeled, restored. or reconstructed unless it has first been 3 .I!... ~\ (t '\- ~ ~- . legalized pursuant to section 5-510. To obtain approval to reconstruct demolished commerc~al or office floor area, the applicant shall demonstrate that affordable housing and parking is provided for the reconstructed floor area as if it were newly constructed space. When a trellis structure is proposed within an open space area, it shall be demonstrated that the structure: a) is not enclosed by walls, screens, windows or other enclosures; and b) shall maintain 50% of the overhead structure open to the sky; and c) is designed and maintained so that snow does not accumulate to form a closed roof-like cover. 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 hearing on this Ordinance shall be held on the ~~ day of /n7 1993 in the City Council Chambers, Aspen city Hall, Aspen Colorado, fifteen (15) days prior to which a hearing of public notice of the same shall be published in a newspaper lof general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by 4 L~..... ' ~ l, 'i\ I.,.. \\ ~, ef.... '4. . "" the City Council of the /J _ -/) ~ ,1993. ./,,;L ~ City of Aspen on the ~ , City Clerk d:J~~ adopted, --"-' 1993. passed Kathryn and this =2c, day (}J ~' ~n::t:,~ayor (jL, (~~~I Johd Bennett, Mayor approved John 5 day of of ....