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HomeMy WebLinkAboutordinance.council.031-95 1_,.'. I v~ \.~... "', 'It ~, l , ORDINANCE NO. 31 (SERIES OF 1995) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, AMENDING CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, BY AMENDING SECTION 24-5-213 TO ALLOW A LODGE AS A CONDITIONAL USE IN THE 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 an application requesting a text amendment and has reviewed and recommended for approval the amendment to Chapter 24 associated with permitted and 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 April 18, 1995; 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 with amendments 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 1 (&. '. \. ~..\ . Xl '\ " if. 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 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 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 promote the public interest and character of the city of Aspen. section 2: section 3-101 of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, is hereby amended, which new text shall read as follows: section 5-213. Office (0) C. Condi tional uses. The conditional uses in the Office following uses are permitted a (0) zone district, subject to the 2 ~A.j ., tA.... ~l. ~.'....... '\ ,'0' standards and procedures established in Article 7, Division 3. 9. Lodge units and lodge units with kitchens. E. Off-street parking requirement. The following off-street parking spaces shall be provided for each use in the Office (0) zone district, subject to the provisions of Article 5, Divisionl3. 2. Lodge uses: 0.7 spacelbedroom which may be reduced via a payment in lieu. section 3: This Ordinance shall not affect 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 the Ordinance shall be held on the /:Z~y Of~1995 at 5:00 in the city council Chambers, Aspen city Hal~~olorado, 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 7h0Af ' 1995. of the city of Aspen on the c::?:::< day of ~/5'~- John Bennett, Mayor Attest: 3 I.,.. 'I. " . te . Ir F:INALT. Y, adopted, ~ ' 1995. passed and approved this Ic5 John t=tf~ Kathry~_ . Koch, City Clerk 4 day of