HomeMy WebLinkAboutordinance.council.033-97 ORDINANCE NO. 33
(Series of 1997)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN AMENDMENT TO CHAPTER 26 OF THE
MUNICIPAL CODE, LAND USE REGULATIONS, SECTION 26.72.010.D.1.a.,
"REVIEW STANDARDS FOR ALL DEVELOPMENT IN THE "H," HISTORIC
OVERLAY DISTRICT, AND ALL DEVELOPMENT INVOLVING HISTORIC
LANDMARKS. ~
WHEREAS, Section 26.92.030 of the Municipal Code provides that
amendments to Chapter 26 of the Code, to wit, "Land Use Regulations," shall be
reviewed and recommended for approval by thc Planning Director and then by
the Planning and Zoning Commission at a public hearing, and then approved,
approved with conditions, or disapproved by the City Council at a public hearing;
and
WHEREAS, the Planning Director did receive from the Historic Prervation
Commission a recommendation for an amendment to the land use regulations, and
reviewed and recommended for approval, certain text amendments to Chapter 26 relating
to Section 26.72.01 O.D. 1.a., "Review standards for all development in the "H," Historic
Overlay District, and all development involving historic landmarks,'' and
WHEREAS, the Planning and Zoning Commission reviewed the proposed
text amendment on August 5, 1997 at which time the Planning and Zoning
Commission recommended approval to City Council by a vote of 7-0; and
WHEREAS, the City Council finds that the text amendment as proposed
is consistent with the public welfare and purposes and intent of Chapter 26 of
the Municipal Code and does meet the review standards of Section 26.92.010.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1:
Section 26.72.010.D.l.a., "Review standards for all development in the "H,"
Historic Overlay District, and all development involving historic landmarks," shall be
amended to read as follows:
D. Review standards for all development in the "H," Historic Overlay District, and
all development involving historic landmarks.
I. Development in the "H," Historic Overlay District, and all Development
involving historic landmarks. No approval for any development in the "H," Historic
Overlay District, or involving historic landmarks shall be granted unless the HPC finds
that ail of the following standards are met.
a. The proposed development is compatible in general design, massing and
volume, scale, and site plan with designated historic structures located on the parcel and
with development on adjacent parcels when the subject site is in an "14," Historic
Overlay District, or is adjacent to an Historic Landmark. For Historic Landmarks where
proposed development would extend into front yard, side yard and rear yard setbacks,
extend into the minimum distance between buildings on the lot or exceed the allowed
floor area by up to five hundred (500) square feet or the allowed site covered by up to
five (5) percent, HPC may grant such variances after making a finding that such
variation is more compatible in character with the historic landmark and the
neighborhood, than would be development in accord with dimensional requirements. In
no event shall variations pursuant to this section exceed those variations allowed under
the Cottage Infill Program for detached accessory dwelling units, pursuant to Section
26.40.090(B)(2). ·
r r ' r r in r ' ' h' ri ' ' r r i
breezeway or connector elements between the historic re,4ource and new construction.
L 'ch r r r r ' . i h r 'v r v r
14' r 'c r t l ' t r r ' r t
development application which includes a request for an FAR bonus may be submitted
until the applicant has met with HPC in a worksho~ format to discuss whether or not the
r l i · r r r r' ' ' n
Section 2:
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 3;
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.
A public hearing on the Ordinance shall be held on the 8th day of September,
1997 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 an 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 1 lth day of August, 1997.
ATTEST:
Kathryn S.tlEoch, City uler
FINALLY, adopted, passed and approved this ~ day of~ i997.
Jo tt, Mayor
ATTEST:
Kathryn S~l~2och, City Clerk