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HomeMy WebLinkAboutordinance.council.024-93 ORDINANCE N0.~ (SERIES OF 1993) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, ~MENDING CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, BY /~MENDING SECTION 24- ?-804.A. TO ALLOW CONSOLIDATED {TWO-STEP) REVIEWS FOR PROPERTIES DESIGNATED AS SPA (SPECIALLY PLANNED AREA) 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 Fritz and Fabi Benedict ("Applicant") and has reviewed and recommended for approval certain text amendments to Chapter 24 associated with the Benedict office Building map amendment for SPA designation, SPA Development Plan approval, and an SPA use variation to allow business and professional offices at the Benedict office Building which is zoned RR (Rural Residential); and WHEREAS, the Planning and Zoning Commission reviewed the proposal and did conduct a public hearing thereon on April 6, 1993; and WHEREAS, upon review and consideration of the text amendment, agency and public comment thereon, and those applicable standards as contained in Chapter 24 of the Municipal Code, to wit, Division 11 of Article 7 (Text Amendments), the Planning and Zoning Commission has recommended approval of the text amendment recommended by the Planning Director and associated with the 1 Benedict office Building submission pursuant to procedure as authorized by Section 24-6-205 (A) (5) of the Municipal Code; and WHEREAS, the Aspen city Council has reviewed and considered the text amendment under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations and approvals as granted by the Planning and Zoning Commission, and has taken and considered public comment at public hearing; and WHEREAS, the City Council finds that the text amendment meets or exceeds all applicable development standards and is 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 public health, safety, and welfare; and WHEREAS, the city Council finds that the proposed text amendment 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: Pursuant to Section 24-7-1102 of the Municipal Code, the City Council finds as follows in regard to the text amendment: 1. The proposed text amendment as set forth in the Plan is not in conflict with the provisions of Chapter 24 of the Municipal Code or the Aspen Area Community Plan. 2. The proposed text amendment is compatible with the surrounding zone districts and land uses. 3. The proposed text amendment will not adversely impact traffic generation or road safety when taken into consideration with the other aspects of the Plan. 2 4. The proposed text amendment will promote the public interest and character of the city of Aspen. Section 2: Section 7-804.A. of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, is hereby amended, which new text shall read as follows: A. Overview of development review. Any development within a specially planned area (SPA) shall be reviewed pursuant to the procedures and standards in this section and Common Procedures, Article 6, Division 2. The procedure requires review and approval of conceptual development plan and final development plan by the commission and city council with public hearings at the time of conceptual development plan review by city council and final development plan review by the commission. A development application for specially planned area (SPA) designation shall be reviewed and considered concurrently with a development application for a conceptual development plan, and shall require public hearings to be held by both the commission and city council. An applicant may request and the Planning Director may determine that because of the limited extent of the issues involved in a proposed Specially Planned Area in relation to these review procedures and standards, or because of a significant community interest which the project would serve, it is appropriate to consolidate conceptual and final development plan review. The Planning Director shall consider whether the full four step review would be redundant and serve no public purpose and inform the applicant during the pre-application stage of whether consolidation will be permitted. An application which is determined to be eligible for consolidation shall be processed pursuant to the terms and procedures if Final Development Plan review. The commission or the city Council may, during review, determine that the application should be subject to both conceptual and final plan review, in which case consolidated review shall not occur. Section 4: 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 5: 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 6: A public hearing on the Ordinance shall be held on the ~ day of ~6~.~ , 1993 at 5:00 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 on the c~ day of John Bennett, Mayor Attest: adopted, passed and approved this ~ ~ day of FINALLY, John Bennett, Mayor Cler