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HomeMy WebLinkAboutordinance.council.049-76RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ (Series of 1976) AN ORDINANCE MAKING CERTAIN AMENDMENTS TO THE ASPEN ZONING CODE SUCH AS TO REPEAL THE 0 AND 0-2 OFFICE DISTRICT REGULATIONS AND CREATE A NEW O-OFFICE DISTRICT IN LIEU THEREOF- ESTABLISHING PE~4ITTED AND CONDITIONAL USES FOR THE DISTRICT AND REGULATIONS AFFECTING THE AREA AND BULK OF STRUCTURES WITHIN THE DISTRICT; FURTHER AMENDING THE CODE BY ESTABLISHING OFF- STREET PARKING REQUIREMENTS IN THE NEW O-OFFICE DISTRICT, DESCRIBING WHEN A STRUCTURE WILL BE CONSIDERED TO HAVE RECEIVED HISTORIC DESIGNATION AND DEFINING THE PHRASE "MODERATE INCOME HOUSING", AND FINALLY, DELETING THE REFERENCES TO THE 0-2 OFFICE DISTRICT IN SECTIONS 24-2.1(a) and 24-3.7(k) OF THE CODE ALL AS MORE SPECIFICALLY DESCRIBED HEREIN WHEREAS, the Aspen Planning and Zoning Commission has, during the past several months, examined the elements of the office zoning districts within the City of Aspen, and WHEREAS, the Commission, in its resolution dated April 2, 1976, recommend the merging of the Office (O) and Office Two (0-2) districts into one Office (O) District, and recommend further modifications to the area and bulk require- ments in this district, and WHEREAS, the Resolution dated April 2, 1976, was by Resolution dated July 20, 1976, further amended with respect to the area and bulk requirements of the 0 Office District, and ?~EREAS, the Commission was presented with additional amendments to the components of the O Office District, and gave proper notice of and conducted a public hearing on said recom- mended changes, at its meeting held August 17, 1976, and WHEREAS, the Commission did, by resolution dated August 24, 1976, hake its final recommendation to the City Council concerning its determination of appropriate regulations concerning construction within the 0 Office zone districts of the City of Aspen, and RECORD OF PROCEEDINGS 100 Leaves WHEREAS, the Aspen City Council wishes to adopt the recommended changes and do so, as required, by ordinance, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, Section 1 That Section 24-3.2 of the Aspen Municipal Code is hereby amended so as to repeal the 0 and 0-2 office district classifications, establish a new 0 Office District in lieu thereof, and establish the following as permitted and condi- tional uses in such newly created district: INTENT - To provide for the establishment of offices and associated commercial uses in such a way as to preserve the visual scale and charac- ter of formerly residential areas that now are adjacent to commercial and business areas and along Main Street and other high volume thorough- fares. PE~4ITTED USES - Single family duplex and multi- family residences; professional and business offices; accessory dwelling units recognized as moderate income housing by an approved housing plan by special review of the planning commission. CONDITIOnaL USES - Fraternal lodges, boarding houses, shop craft industry, restaurants, antique store, furniture store, bookstore, florist, visual arts gallery, music store, (for the sale of musical instruments), nursery-day care center, art, dance and music studio, mortuary; provided, however, that conditional uses shall be considered (1) only for structures which have received historic desig- nation, (2) for no more than two such conditional uses in each structure (not including within such limitation accessory dwelling units recognized as moderate income housing by an approved housing plan), and (3) only when off-street parking is provided with alley access for those conditional uses along Main Street. Section 2 That Section 24-3.4 of the Aspen Municipal Code is hereby amended so as to repeal the 0 and 0-2 Office Districts classifications, establish a new 0 Office District in lieu thereof, and establish the following area and bulk requirements for such newly created district. -2- RECORD OF PROCEEDINGS 100 Leaves MINIMUM LOT AREA - 6,000 square feet (square feet unless designated in acres) MINIMUM LOT AREA PER DWELLING UNIT - (square feet unless designated in acres) EXCLUSIVE OF ACCESSORY DWELLING UNITS 6,000 SF 3,000 Dup 1,000 St 1,250 - iBr* 2,100 - 2Br* 3,630 - 3Br* Br U1 - SR For maximum density see Sec. 24-3.7(k) *On sites 9,000 square feet or less, the following square footage requirements: 1,200 - iBr 2,000 - 2Br 3,000 - 3Br MINIMUM LOT WIDTH - (feet) 60 MINIMUM FRONT YARD - Principal Building - (feet) 10 MINIMUM SIDE YARD - (feet) MINIMUM REAR YARD Principal Building Accessory Building (feet) 15 15 MAXIMUM HEIGHT Principal Building 25 Accessory Building 21, " " 12, (feet) on front 2/3 of lot on rear 1/3 of lot MINIMUM DISTANCE BETWEEN PRINCIPAL AND ACCESSORY BUILDING (feet) PER CENT OF OPEN SPACE - i~gQUIRED FOR BUILDING SITE (percentage) EXTERNAL FLOOR AREA RATIO 10 ~;o requirement .75 by right; .25 accessory dwelling units recognized as moderate income housing by an approved housing plan; type and mix of units to be deter- mined by the planning commission. -3- RECORD OF PROCEEDINGS 100 Leaves INTERNAL FLOOR AREA No requirement Section 3 That Section 24-4.5(c) of the Aspen Municipal Code is hereby amended so as to repeal the O and 0-2 Office District classifications, establish a new 0 Office District in lieu thereof, and establish the following as the off-street parking requirements for such newly created district: LODGE USES RESIDENTIAL USES OTHER USES N/A 1/Bedroom 3/1,000 sq. ft. for all other uses; fewer spaces may be permitted by special review of the planning com~ission but no fewer than 1.5 spaces per 1,000 sq. ft. shall be authorized by the Commission Section 4 That Section 24-3.7 of the Aspen Municipal Code is hereby amended by adding a subsection which said subsection reads as follows: (m) Whenver in this code development permission is conditioned upon a structure or area receiving historic designation, such condition shall be deemed satisfied only if the particular structure or area has received specific designation; inclusion of the structure or area in an historic district, without more, shall not be sufficient to satisfy the require- ment of historic designation. Section 5 ?hat Section 24-3.1 of the Aspen Municipal Code is hereby amended by adding a subsection which said subsection reads as follows: (dd) Moderate Income Housing. That housing recognized by an approved housing plan as RECORD OF PROCEEDINGS 100 Leaves satisfying the community need for low and moderate housing; criteria for such housing shall be established by such a plan, have as its objective the supplying of permanent moderate cost housing, and may include the creation of buyer/lessee qualifications, rent/ sale price guidelines, rent controls, !imita- tions on resales Section 6 That Section ~4-~.l(a) or other appropriate regulations. is hereby amended by the deletion of the ©-2 Office reference of the Aspen Municipal Code District in the list of zone districts. Section 7 ~hat Section 24-3.7(k) of the Aspen Municipal Code is hereby amended by the deletion of all references to the 0-2 Office District in said subsection. Section 8 If any provision of this ordinance or the applica- tion thereof to any person or circumstance is held invalid, such invalidity shall no% affect other provisions or applica- tions of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. Section 9 Uhat a public hearing shall be conducted on this ordinance on (~-~ ~- '77/ ~ !976~ at 5:00 P~M. in the City Council Chambers~ City Hall~ 130 South Galena Street~ Aspen~ Cclorado~ 15 days prior tc which hearinc public notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. iN~RODUCED~ READ AND ORDERED published as provided -3- RECORD OF PROCEEDINGS 100 Leaves by law by the City Council of the City of Aspen, Colorado, at its regular meeting held at the City of Aspen on the /~? day of ATTEST uter City Clerk FINALLY adopted, passed and approved on the /~ day of ~ , 1976.~ _~ ~cy~tand ley ~II / Mayo/ ~ ~ .. / ATTEST: Kathryn ~. ~Iauter City Clerk RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ) COUNTY OF PITKIN ) ss. CERTIFICATE I, Kathryn S. Hauter, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on ~-~x~4~ reading at a regular meeting of the City Council of the City of Aspen on ~ /~ 197~, and published in the Aspen Times, a weeklY newspaper of general circulation, published in the City of Aspen, Colorado, in its issue of ~ /~ , 197~, and was finally adopted and approved at a regular meeting of the City Council on ~ /.~ , 197~, and ordered published as Ordinance No. ~ , Series of 197~, of said City, as provided by law. IN WITNESS WHEREOF, I have heEeunto set my hand and the seal of said City of Aspen, Colorado, this ~ ~ day of ~~ , 197t. Kath~n S. 'Hauter City Clerk