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HomeMy WebLinkAboutordinance.council.016-73RECORD OF PROCEEDINGS LEAVES (S,eries of AN ORDINANCE AMENDING SECTION 70E CHAPTER 24 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, BY REPEALING THE "OPEN SPACE REQUIREMENT" PROVISIONS OF SUBSECTIONS (a), (b) AND (c) THEREOF [ THE C-1 COMMERCIAL C-C COMMERCIAL CORE, AND C-2 COMMERCIAL SUBSECTIONS ] AND ADDING TO EACH OF SAID SUBSECTIONS (a), (b) AND {c) THEREOF NEW, BETTER-DEFINED "OPEN SPACE REQUIREMENT" PROVISIONS. WHEREAS, the Aspen Planning and Zoning Commission, following public hearing, has recommended that the language of the open space requirements in the C-l, C-C and C-2 zoned districts of the City of Aspen be modified so as to increase the effectiveness of such requirements in accomplishing their intended purpose; and WHEREAS, the Aspen City Council has reviewed and is in agreement with such recommendations, and recognizes the need for lessening traffic congestion in high-density areas of the City and for providing adequate light, air and space in such areas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. Purpose: The purpose of this Ordinance is to promote the health, safety, morals, convenience, order, prosperity and general welfare of the present and future inhabitants of Aspen, Colorado, by: the lessening of congestion in the streets and roads; securing safety from fire and other dangers; providing adequate light, air and space, classification of land uses and the distribution of land development and utilization; protection of the tax base; securing economy in governmental expenditures; and the protection of urban and non-urban development. RECORD OF PROCEEDINGS 100 Leaves Section 2. Authority: This Ordinance amendment is authorized by Article 60, Chapter 139 of the Colorado Revised Statutes, 1963, as amended, and is hereby declared to be provisions of these statutes. (a), in accordance with all Section 3. The "open space requirement" provisions of subsections (b) and (c) of Section ? of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, are hereby repealed in their entirety, and are hereby replaced and superceded with new "open space requirement" provisions which shall read as follows: "Open S.pace requirement - All construction shall be required to have not less than twenty-five per cent (25%) of the building site for open space [as defined in Section 24-2(00)], subject to the following: 1. The minimum frontage of the open space which is open to a street shall be one-half (1/2) of the dimension of that side of the building site, or one hundred (100) feet, whichever is less. 2. The minimum depth of the open space which is open to a street shall be ten (10) feet measured at right angles from the front lot line. 3. Required open space shall not be more than four (4) feet above nor more than ten (10) feet below the existing grade of the street which abuts said open space. 4. The open space shall be continuous and not obstructed with building appurtenances and appendages. Stairways and overhead walkways will be considered obstructions. 5. Prior to the issuance of a building permit the City -2- RECORD OF PROCEEDINGS IOOLEA¥£S Building Inspector shall require site plans and drawings of any required open space, including a landscaping plan, in order to ensure compliance with this section." Section 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications 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 S. A public hearing on the ordinance shall be held on . , ~ , 1973, at z/f,,~o P.M. in the City Council Chambers, City Hall Building, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen, Colorado on the /zj day of ~,.__ , 1973. · . ? ATTEST: City Clerk Mayor EINALLY ADOPTED, , 1973. PASSED AND APPROVED This ~day of ATTEST: City Clerk Mayor -3- STATE OF COLORADO) ) ss CERTIFICATE COUNTY OF PITKIN ) I, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read by title, and passed on first reading at a regular meeting of the City Council of the City of Aspen on May 14 , 1973__, and published in the AspenToday , a weekly newspaper of general circulation, published in the City of Aspen, Colorado, in its issue of M=y 76 , 197_2~, and was finally adopted and approved at a regular meeting of the City coUncil on ... May 29 published as Ordinance No. 16 said City, as provided by law. IN WITNESS WHEREOF, I have hereunto seal of said City of Aspen, Colorado, day of May , 197 3. , 197~, and ordered , Series of 1973 , of set my hand and the this 29th --~l~orraine Graves, City Clerk