HomeMy WebLinkAboutordinance.council.009-92
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ORDINANCE 61
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AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, AMENDING CHAPTER 24 OF
THE MUNICIPAL CODE, LAND USE REGULATIONS, BY AMENDING SUPPLEMEN~ARY
REGULATIONS AND THE LIST OF CONDITIONAL USES FOR THE PUBLIC (PUB)
AND SERVICE I COMMERCIAL I INDUSTRIAL (SCI) ZONES TO INCLUDE
"ABOVE-GROUND FUEL STORAGE TANKS".
WHEREAS, section 24-7-1103 of the Municipal Code provided that
amendments to Chapter 24 of the Code, to wi"t, "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 and has reviewed and
recommended for approval a certain text amendment to Chapter 24
arising from the City Maintenance Shop submission relating to
rezoning, conditional use for above-ground fuel storage tanks, and
Historic Landmark Designation, and conditional use review for
above-ground fuel tanks; and
WHEREAS, the Planning and Zoning commission has reviewed and
approved at public hearing those Code text amendments as
recommended by the Planning Director and associated with the city
Maintenance Shop submission pursuant to procedure as authorizedl by
section 24-6-205 (A) 8 of the Municipal code; and
WHEREAS, the city council finds that the proposed text amendments
as approved and recommended by the Planning and zoning commission
are consistent with the goals and elements of the Aspen Area
Comprehensive Plan and are not in conflict with other portions' of
Chapter 24; and
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WHEREAS, the city council finds that the proposed text amendments
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:
section 24-5-509, "Miscellaneous provisions", of Division 5
of Article 5 of Chapter 24 of the Municipal Code of the city of
Aspen, colorado, is hereby amended at "A. Fuel storage Tanks",
which new text shall read as follows:
A.
Fuel storage Tanks.
All fuel storage tanks shall be
completely buried beneath the surface of the ground except
that above-ground storage tanks may be approved as conditional
Uses in the service/commercial/ Industrial and Public zone
districts.
section 2:
section 24-5-211, service/commercial/Industrial (S/C/I), of
Division 2, "Zone Districts", of Article 5 of Chapter 24 of the
Municipal Code of the city of Aspen, Colorado, is hereby ame~ded
by adding new subsection "C (9)" to "conditional Uses", which ,new
subsection shall read as follows:
Sec. 5-212 C. Conditional Uses.
9. Above ground fuel storage tanks
section 3:
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section 24-5-220, "Public (PUB)", of Division 2, "Zone
District", of Article 5 of Chapter 24 of the Municipal Code of the
city of Aspen, Colorado, is hereby amended by adding new subsection
"c (4)" to "Conditional Uses", which new subsection shall read 'as
follows:
Sec. 5-221 C. Conditional Uses.
4. Above ground fuel storage tanks
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 this ordinance shall be held on the~
day Of~,_ 1992 in the city council Chambers, Aspen City
Hall, A~pen co~rado, fifteen (15) days prior to which a hearing
of 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 ..Y-1 ~ day of
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FINALLY, adopted, passed and
~ 1992.
ATTEST: '.
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Kathryn . Koch, City Clerk
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John B nnet~ Mayor
apP:o~ t~a ~ day of
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Frank Peters, Mayor Pro Tem
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