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Home My WebLink Aboutordinance.council.093-81FOR~ 50 C.F. HOECKEL B. B. & L. CO. RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. q~ (Series of 1981) ~ AN ORDINANCE ~4ENDING SECTION 24-11.2 OF THE ASPEN MUNICIPAL CODE BY THE CREATION OF AN EXCEPTION TO THE GROWTH MANAGEMENT PLAN FOR SMALL COMMERCIAL PROJECTS WHEREAS, the Aspen City Council did recently amend the Aspen Municipal Code to include within the Growth Management Quota Sys- tem the development of any commercial space within the City of Aspen, and WHEREAS, the Aspen City Council finds that small, low impact coim~tercial projects are unduly disadvantaged by the requireraent that they must compete under the GMP, and WHEREAS, the Aspen City Council desires to provide incentives for the retention and rehabilitation of existing commercial and. office buildings by allowing small additions to them, and WHEREAS, the Aspen Planning and Zoning Commission did hold a public hearing on November 17, 1981, and did forward Resolution No. 81-17 to the City Council, recommending the adoption of a small co~m~ercial projects GMP exception, and WHEREAS, the Aspen City Council does wish to accept the recosm~endation o~ the Planning Commission by amending Section 24- 11.2 of the Aspen Municipal Code by the creation of an exception to the Growth Management plan for small conm~ercial projects. NOW, THEREFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 24 11.2 of the Municipal Code of the City of Aspen entitled "Exceptions" be and the same is hereby amended by tile addition of subsection (1) and by changes in the last para- graph~of Section 24-11.2 with respect to said subsection (1) to read as follows: FORM 50 C. F. ~IOECKEL B. B. & L. CO. RECORD OF PROCEEDINGS 100 Leaves "(1) The expansion of an exiSting cOmmercial or office Use in a building by not more than five hundred (500) square feet (excluding employee housing) for the pur- poses of providing a small addition of space which cad be shown to have minimal or manageable impact upon the community and can be justified by the benefit which will accrue to the community. For expansions which involve less than two hundred fifty (250) square feet and are for the purposes of providing space which is accessory to or incidental to the principal use, such as mechanical, storage, corridors and stairs, the expansion shall be approved jointly by the Planning Director and the Chief Building Inspector. For expan- sions which involve any request for commercial or office space, or which involve expansions of any type of space of two hundred fifty (250) to five hUndred (500) square feet, the expansion shall be subject to the special approval of City COUnCil, based on the recommendations of the Planning and Zoning Commission. The review of any request for the expansion of an existing cormnercial or office use shall include a determination of minimal or manageable impact on the community, considering but Dot limited to findings that a minimal number of additional employees will be generated by the expansion or the applicant will pro- vide additional employee housing; that a minimal amount of additional parking demand will be created or that parking can De accormliodated on site; that there will be minimal visual impact on the neighborhood due to the project; add that minimal Dew de~i~apd is placed on ser- vices available at the site such as water, sewer, drainage and fire protection. Applications for expan- sions shall be limited to a one time only commercial addition to any building within the City of Aspen. Provided that the Building Inspector shall, as required by Section 24-11.8, annually report the amount of residential, commercial, office and lodge construction exempted by reason of Section 24-11.2(b), (c), (d) and (1), and the nondeed restricted portion of the residential construction exempted by reason of Section 24-11.2(i) add (k) within the previous year and these totals shall be deducted from the quota of allowable development in succeeding years. When reporting exempted COnStruction pursuant to subsection (b), the inspec- tor shall calculate only the additional con~nerciai floor area or dwelling units resulting from such Construction." Section 2 If any section, subsection, sentence, clause, phrase or por- tion of this ordinance is for any reason held invalid or unconsti- tutional iD a court of competent jurisdiction, such portion shall be deemed a separate, distinct add independent provision and shall Dot affect the validity of the remaining portions thereof. Section 3 ~ A public hearing on the ordinance shall be held on the // day of ~ , 198~ in the City Council FORM 5O O.F. HOECKEL l). B. ~( L. CC'. RECORD OF PROCEEDINGS 100 Leaves ATTEST: Chambers, Aspen City Hall, Aspen, Colorado, 15 days prior to which hearing notice of the same shall be published once in a newspaper of 9eneral 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 ~ day of Herman Edel, Mayor FINALL~ adopted, passed and approved on the //~day of Herman Edel, Mayoi~--~ ~City Clerk FORM 5~ C F. HOECKEL B. B. & L. CO. RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was read in full, and passed on ~ introduced, reading at a regular meeting of the City Council of the City of Aspen on ~ , 19 , and published in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of _~~~., 19 ~/, and was finally adopted and approved at a regular meeting of the City Council on ~/~Z~~~, 19 ~ and ordered published as Ordinance No. ~ , Series of 19. , of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this SEAL~ ..... Clerk Deputy~-~ Clerk