HomeMy WebLinkAboutordinance.council.019B-95 ORDIN CE NO.
(SERIES OF 199~)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, AMENDING CHAPTER 24 OF
THE MUNICIPAL CODEr LAND USE REGULATIONS, BY AMENDING SECTION 24-
5-213 (C) CONDITIONAL USES IN THE (O) OFFICE ZONE DISTRICT.
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 Jean Robert
Barbette, the ("Applicant"), and has reviewed and recommended for
approval certain text amendments to Chapter 24 to allow health and
fitness facilities as conditional uses in the Office zone district;
and
WHEREAS, the Planning and Zoning Commission reviewed the
proposal and did conduct a public hearing thereon on March 21,
1995; and
WHEREAS, upon review and consideration of the text amendments,
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, by a 4-1 vote, approval of the text
amendment recommended by the Planning Director pursuant to
procedure as authorized by Section 24-6-205 (A) 8 of the Municipal
Code; and
WHEREAS, the Aspen City Council has reviewed and considered
the text amendments under the applicable provisions of the
Municipal Code as identified herein, has reviewed and considered
the recommendation of the Planning and Zoning Commission, and has
taken and considered public comment at public hearing; and
W~EREAS, 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
W~EREAS, 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 COLOP~DO=
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 will promote the public interest
and character of the City of Aspen.
Section 2= Section 5-213o C. of Chapter 24 of the Municipal Code
of the City of Aspen, Colorado, is hereby amended, which new text
shall read as follows:
C. Conditional Uses. The following uses are permitted as~in
the Office (0) zone district, subject to the standards and
procedures established in Article 7, Division 3.
1. Only for those structures that have received historic
landmark designation: antique store, art studio, bakery,
bed and breakfast, boarding house, bookstore,
broadcasting station, church, dance studio, florist,
fraternal lodge, furniture store, mortuary, music store
(for the sale of musical instruments), music studio,
restaurant, shop craft industry, visual arts gallery,
provided, however, that (a) no more than two(2) such
conditional uses shall be allowed in each structure, and
'(b) off-street parking is provided, with alley access for
those conditional uses along Main Street.
2. Duplex residential dwellings, of which one unit shall be
restricted as affordable housing to the middle income
price and occupancy guidelines. The affordable housing
unit shall comprise a minimum of one-third (1/3) of the
total floor area of the duplex. In the alternative, both
may be free market units if an accessory dwelling unit
shall be provided for each unit;
3. Two (2) detached residential dwellings or a duplex on a
lot containing a historic landmark with a minimum area
of 6,000 square feet, of which one unit shall !be
restricted as affordable housing to the middle income
price and occupancy guidelines. The affordable housing
unit shall comprise a minimum of one-third (1/3) of the
total floor area of the two dwellings. In the
alternative, both may be free market units if !an
accessory dwelling unit shall be provided for each unit;
4. Day care center;
5. Commercial parking lot or parking structure that is
independent of required off-street parking~ provided that
it is not located abutting Main Street;
6. Satellite dish antennae;
7. Reserved;
8. Accessory dwelling units meeting the provisions of
Section 5-510; and
9. Health and fitness facility.
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
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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 the Ordinance shall be held on the
of~, 1995 at 5:00 in the City Council Chambers,
day
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published i~ a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
~~Y Council of the City of Aspen on the /~ day of 1995.
John Bennett, Mayor
AtteSt: ~
Kathryn S&/Koch, City Clerk
FINALLY, adopted, passed and approved this /~-~day of
, 1995.
John ~ennett, Mayor
Kathryn S~/Koch, city Clerk
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