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HomeMy WebLinkAboutordinance.council.005-92 \~., . \<... 'e. m '~ , II..... \\. ORDINANCE (series NO. s- of 1992) AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING ARTICLE 7 OF CHAPTER 24 OF THE MUNICIPAL CODE BY ADDING A NEW DIVISION AUTHORIZING TEMPORARY LAND USES WITHIN ALL ZONE DISTRICTS AND SETTING A SPECIAL MEETING OF THE CITY COUNCIL. WHEREAS, any use of land within the City of Aspen not specifically listed in section 2, Article 5 of Chapter 24 of the Municipal Code, to wit, "Zone District, Permitted Uses, Condi- tional Uses, Dimensional Requirements, Maximum Land Use Densities and Off-Street Parking Requirements", shall be considered a prohibited use; and WHEREAS, experience has demonstrated that certain land uses not otherwise permitted within a particular zone district might appropriately be permitted if done solely on a temporary basis under certain specified conditions; and WHEREAS, providing a procedure for the granting of temporary land uses would afford needed flexibility presently lacking in the Municipal Land Use Code that could be utilized to promote economic development, render relief in cases of hardship, and otherwise further the public health, safety and welfare; and WHEREAS, the Planning Department and Planning Director have reviewed this ordinance and have recommended its adoption; and WHEREAS, the city Council has determined that the granting of temporary uses on a case-by-case basis pursuant to the pro- cedures and criteria set forth in this proposed ordinance would . e......'.... B ~ , - not be inconsistent with the purposes underlying the Municipal Land Use Code and, likewise, would not be inconsistent with the purposes and intent of the Aspen Area Comprehensive Plan; and WHEREAS, the Aspen School District has notified the city that it has the opportunity to temporarily lease one of its facilities for use by a film production company in the making of a feature film in the city of Aspen; and WHEREAS, the Aspen School District may derive a significant financial benefit from the leasing of its facilities on a tempo- rary basis, such benefit also accruring to the public in the form of reduced operating costs for the School District and additiortal income; and WHEREAS, the Colorado Film Board has represented to the City that the proposed film production activities within the city could generate upwards of One Million Dollars ($1,000,000.00) in additional income to the local economy and, likewise, result in new additional, albeit temporary, employment opportunities for local citizens; and WHEREAS, the opportunity to host the film production within the city may be lost due to scheduling and seasonal weather considerations should the city not act in an expedited fashion; and WHEREAS, the City council has determined that the need to act in an expedited fashion in the adoption of this ordinance warrants declaring the measure as an emergency ordinance as 2 G'.......' It ''< Mil.. ~, , iEII..... i\ '. provided for in section 4.11 of the Home Rule Charter for the City of Aspen; and WHEREAS, the City council finds and determines that the adoption of this ordinance as an emergency measure is warranted and necessary in order to advance and protect the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, that: section 1 Article 7 of Chapter 24 of the Municipal Code, "Development Review Standards", is hereby amended by adding new Division 12, "Temporary Uses", which Division shall read as follows: DIVISION 12. TEMPORARY USES. Sec. 7-1201. Purpose. Temporary uses are those uses or structures that mayor may not be permitted in a given zone district, but which may be allowed on a non-permanent and temporary basis upon individual review of their proposed nature, location, duration, impact, and compatibility with surrounding permitted uses and structures, excepting outdoor merchandising or commercial displays which shall not be permitted as temporary uses. Additionally, off-site con- struction staging and temporary storage shall only be per- mitted in accordance with the procedures and criteria as set forth in Article 10 of this Chapter. Sec. 7-1202. Authorization for temporary uses. No tempo- rary use shall be permitted except upon review and approval of the city Council in accordance with the procedures, stan- dards and limitations set forth in this Division. Sec. 7-1203. criteria applicable to all temporary uses. When considering a development application for a temporary use, City Council shall consider, among other pertinent factors, the following criteria as they, or any of them, relate thereto. 3 $.'.'..'..... . y,...... A. The location, size, design, operating characteristics, and visual impacts of the proposed use. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. E. The purposes and intent of the zone district in which the temporary use is proposed. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. ,...i.FII..... \), ., G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. Sec. 7-1204. Conditions of approval. The Planning Director may recommend and the City Council may impose such condi- tions on a temporary use as deemed necessary to protect the integrity of the zone district and the surrounding uses and structures in the neighborhood in which a temporary use is to be permitted. This may include, but is not limited to, setting requirements for, or imposing restrictions upon, size, bulk, location, open space, landscaping, buffering, screening, lighting, noise, signage, parking, operations, hours of operation, set-backs, building materials, and requiring such financial security as deemed necessary to ensure compliance with any or all conditions of approval and/or to restore the subject property to its original use and condition. Sec. 7-1205. Duration and expiration of a temporary use. A. Temporary uses may be granted for a period not to exceed one hundred eighty (180) days from the date upon which the City Council approved same, unless a shorter period is specified in the approval. 1.'...,._...' V,., 4 1.,1.'." b \, B. city council may grant one extension of an approved temporary use. Requests for an extension must be submitted in writing to the Planning Director no less than fifteen (15) days prior to the expiration of a permitted temporary use. All proposed extensions of a temporary use shall be evaluated under the same cri- teria as set forth in sections 7-1203 and 7-1204 of this Division 12. City Council shall hear and approve or deny all extension requests at a public meeting. No extension shall exceed one hundred eighty (180) days. Sec. 7-1206. Procedure for temporary use approval. A devel- opment application for a temporary use shall be submitted to the Planning Director who shall forward same with comments and recommendations to the city council. City council shall then, after a public hearing, grant, grant with conditions, or deny the application. The hearing before the city Coun- cil shall be preceded by timely notice as specified in section 6-205E(3) (a), (b) and (c) of this Chapter, and all hearings shall be conducted in accordance with the proce- dures set forth in section 6-205C of this chapter. "'e.........' i,i,\ ,'. ; Sec. 7-1207. Application. A development application for a temporary use shall include the following information. A. The general application information required in section 6-202 of this Chapter. B. A sketch plan of the site showing property lines and existing and proposed features relevant to the tem- porary use and its relationship to uses and structures in the immediate vicinity. C. If the application involves development of a new struc- ture, or expansion or remodelling of an existing one, then proposed elevations of the structure must be provided. D. Such other information as deemed necessary by the Planning Director for purposes of evaluating the appli- cation. E. Payment of all necessary fees. Sec. 7-1208. Amendment of development order. A. Insubstantial amendment. An insubstantial amendment to an approved development order for a temporary use may be authorized by the Planning Director. An insubstan- ell""" \", \(\ 5 I..!.... \ i~..' \\'. 'el... . \i, \, "'. tial amendment shall be limited to design, technical or engineering considerations first discovered during actual development of the temporary use which were unknown and could not reasonably have become known prior to or during the approval process, or any other minor amendment to the approval which the Planning Director has determined to have no affect on the nature of, or the conditions imposed upon, a temporary use. B. other amendment. All amendments not constituting an insubstantial amendment must be reviewed and approved by the City council at a public hearing. Sec. 7-1209. No vesting of temporary uses. A development application for and an approval of a temporary use and/or structure, or development plan, shall not constitute nor be interpreted by any property owner, developer or court as a site specific development plan entitled to vesting under Article 68 of Title 24 of the Colorado Revised Statutes or Section 6-204 of this Chapter. Temporary uses and struc- tures shall be considered transitory variances at all times and shall not vest. The failure of an applicant to adhere to any condition of approval for a temporary use shall result in the immediate forfeiture of the temporary use approval and such use shall immediately cease and may be abated as provided for in the Municipal Code. section 2 This ordinance is being adopted pursuant to section 4.11 of the Aspen Home Rule Charter and is declared by the City Council to be an emergency ordinance so as to meet those public purposes as delineated in the recitals set forth above and to advance the public health, safety and welfare. section 3 This ordinance shall not have any effect on existing litiga- tion and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances 6 'It lif.'. Vi , .., ."..01" '. if h\ \\", i.,' "...:.,.......,. \\. .. repealed or amended as herein provided, and the same shall be construed 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 This ordinance shall take effect immediately on the date of final passage as specified herein in accordance with section 4.11 of the Aspen Home Rule Charter. section 6 The city Clerk shall publish this emergency ordinance within ten (10) days after final passage, or as soon thereafter as possible. section 7 A public hearing and second reading on the ordinance shall be conducted at a Special Meeting of the City Council to be held on the /5 day of fJo A:..v tA~ ' 1992, at 0:,:) 0 o'clock ~.m. in the city Council Chambers, Aspen city Hall, Aspen, Colorado. 7 'It %...... -It,..... ire! "\~ hi...,..'..... (i]i . \ , INTRODUCED AND READ as provided by law by the City Council ~~. ?/ of the city of Aspen on the /3 day of 1992. V 7- (?>~ John ~. Bennett, Mayor ATTEST: ~ 4'4~ Kathryn Koch, city Clerk FINALLY adopted, ~Ha.7 t/ passed and approved this /~~ day of , 1992. ()h 7, Ij~~' John S. Bennett, Mayor ATTEST: jc113.2 8