HomeMy WebLinkAboutordinance.council.009-71RECORD OF PROCEEDINGS
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ORDINANCE NO. ~
(Series of 1971)
AN ORDINANCE PROVIDING FOR THE PROTECTION AND PRESERVATION OF
THE RIVERS AND STREAMS WITHIN THE CITY OF ASPEN AND THE PRO-
PERTY ADJACENT THERETO; AND FURTHER PROVIDING FOR THE PROTEC-
TION OF PROPERTY AND PERSONS WITHIN A FLOOD PLAIN TO BE DETER-
MINED; ESTABLISHING AN OVERLAPPING STREAM MARGINS DISTRICT
WITHIN THE R-40, R-30, R-15, R-PC, R-6, R-MF, AR-i, AR-2,
C-I, C-C, C-2 AND PARK ZONED DISTRICT; ADOPTING PERFORMANCE
REGULATIONS FOR SAID DISTRICT, AND PROVIDING FOR REVIEW BY
THE CITY PLANNING AND ZONING COMMISSION OF PROPOSED CONSTRUC-
TION WITHIN THE STREAM MARGINS DISTRICT.
WHEREAS, the City of Aspen Planning and Zoning
Commission undertakes continuing review of the City of Aspen
zoning in an effort to provide for the orderly growth and
development of lands within the City,
AND WHEREAS, regulations for lands adjacent to
streams are necessary to insure and protect the best interest
of the City and the present and future inhabitants thereof,
AND WHEREAS, it is deemed necessary to establish a
stream margins district to guide development and encourage
appropriate use of land in proximity to designated natural
water courses and to insure provisions and regulations for
adequate protection and preservation of the designated
natural water courses,
AND WHEREAS, the City of Aspen Planning and Zoning
Commission has reviewed and recommended the following proposed
amendment to the City of Aspen Zoning Ordinance,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF ASPEN, COLORADO:
Section 1: Subsection (a), Section 5, Chapter 1
of Title 11 entitled R-40 Residential, Subsection (b), Section 5,
Chapter 1 of Title 11 entitled R-30 Residential, Subsection (c),
Section 5, Chapter 1 of Title 11 entitled R-15 Residential,
Subsection (d), Section 5, Chapter 1 of Title 11 entitled R-PC
Residential, Subsection (e), Section 5, Chapter 1 of Title 11
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entitled R-6 Residential, Subsection (f), Section 5, Chapter 1
of Title 11 entitled R-MF Residential, Subsection (a), Section 6,
Chapter 1 of Title 11 entitled AR-1 Accommodations Residential,
Subsection (b), Section 6, Chapter 1 of Title 11 entitled AR-2
Accommodations Residential, Subsection (a), Section 7, Chapter 1
of Title 11 entitled C-1 Commercial, Subsection (b), Section 7,
Chapter 1 of Title 11 entitled C-C Commercial, Subsection (c),
~ection 7, Chapter 1 of Title 11 entitled C-2 Commercial, and
Section 8~~, Chapter 1 of Title 11 entitled P~ark are hereby
amended by adding the following performance regulations for
stream margins district to each of the above-mentioned zoned
district:
"Performance Regulations for Stream Margins
District. Ail permitted and conditional uses of
this District within 100 feet measured horizontally
from the high water line of the Roaring Fork River
and its tributary streams are subject to the addition-
al performance regulations contained in the Stream
Margins District as set forth in the Supplementary
Regulations ll-l-9(g)."
Section 2: Section 9, Chapter 1 of Title 11 is
hereby amended by adding Subsection (g) entitled Stream Margins
District:
"11-1-9:
(g) Stream Margins District: Intention
- to guide development and encourage appropriate use of
land in proximity to designated natural water courses,
to promote safety from flooding, to prevent impediment
of natural water flow, and to insure provisions for
adequate protection and preservation of the designated
natural water courses as important natural features.
Ail lands and air space within 100 feet, measured
horizontally from the high water line of the Roaring
Fork River and its tributary streams, shall meet the
following requirements prior to the issuance of a
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building permit or any grading, filling or excavation
of said lands:
A development plan shall be submitted to the
Building Inspector which shows the following
information:
(a) Bqundary of the property for which building
is requested;
(b) Contours on at least 5' contour interval;
(c) Existing and proposed improvements;
(d) Construction procedure to be used;
(e) Existing trees and shrubs.
The Building Inspector shall refer said development
plan to the Planning and Zoning Commission for its
review and recommendations. The Planning and Zoning
Commission shall submit its recommendations in writ-
ing to the Building Inspector within thirty (30) days
of the date of receipt of said development plan.
Be
The Building Inspector shall consider the recommend-
ations of the Planning and Zoning Commission and shall
approve or disapprove the development plan within
ten (10) days of the receipt. Approval shall require
the development of the real property to be in
compliance with the approved plan. Building permits
shall not be issued, nor shall any grading, filling
or excavation be permitted, in the case of disapproval,
and reasons for such disapproval shall be given in
writing to the applicant by the Building Inspector.
In reviewing the development plan the Building
Inspector and the Planning and Zoning Commission
shall consider the following guidelines and standards:
(a) Buildings are located so as not to be subject
to flooding;
(b) Trails can b~ provided along the stream where
stream access is'~n important element of an adopted
open space plan;
(c) Vegetation is not removed or any slope and
grade changes made what will produce erosion of
the stream bank or area adjacent to the stream;
(d) Stream channel capacity changes are artifici-
ally produced and stream sedimentation and sus-
pension loads are not increased;
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(e) Pollution of the stream will not occur;
(f) Development not interfere with important
natural changes to the stream which are occurring;
(g) The value of the stream as an important
natural feature be preserved."
Section 3: Subsection 2, Chapter 1 of Title 11
is hereby amended by adding the following definition:
"High Water Line - level of water at the time
of maximum spring run-off to be determined by the
City Engineer."
Section 4: If any provision of this Ordinance or
the application thereof to any person or circumstances is held
invalid, such invalidity shall not affect other provisions or
applications of the Ordinance which can be given effect without
the invalid provisions or application and to this end the pro-
visions of this Ordinance are declared to be severable.
Section 5: A public hearing on the Ordinance shall
be held at ~z~/=,~ /PT~ at cJT/~P.M, in the City
Council Chamber~, City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as provided by
law by the City Council of the City of Aspen, Colorado on the
.~ day of j~~
ATTEST:
FINALLY ADOPTED,
ATTEST:
~ CITY CLERK
PASSED AND APPROVED this /~2~ day of
cz~, K- cMAYOR / '
STATE OF COLOi~\DO )
) ss
COUNTY OF PITKIN )
CERTIFICATE
do
introduced, read by title,
reading at a regular
the City of Aspen on
I, Lorraine Graves, City Clerk of Aspen, Colorado,
hereby certify that the above and foregoing ordinance was
and passed on first
meeting of the City Council of
March 22 .__, 197--1, and published
in the Aspen Times, a weekly ne~spaper of general circulation
published in the City of Aspen, Colorado, in its issue
March 25 _, 1971___, and was finally adopted and
approved at a___ r_~ular
on April 12
Ordinance No. 9
provided by law.
IN WITR-ESS W~REOF~
seal of said
day of
meeting of the City Council
197_1__, and ordered published as
Series of 197--1, of said City, as
I have hereunto set my hand and the
City of Aspens Colorado, this 13th
April .... , ].97 1
SEAL
~--~rr~l~e ~raves, City Clerk