HomeMy WebLinkAboutordinance.council.050-05ORDINANCE NO. 50
(SERIES OF 2005)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING CODE
AMENDMENTS TO SECTIONS 26.710.040, MEDIUM-DENSITY RESIDENTIAL (R-6);
26.710.050, MODERATE-DENSITY RESIDENTIAL (R-15); 26.710.060, MODERATE-
DENSITY RESIDENTIAL (R-15A); AND 26.710.090, RESIDENTIAL MULTI-FAMILY
(R/ME); OF THE CITY OF ASPEN MUNICIPAL CODE.
WHEREAS, the Community Development Department submitted for review and approval
of the Planning and Zoning Commission and the City Council a resolution and ordinance
containing twelve sections of code amendments to the City's Land Usc Code for review and
consideration; and,
WHEREAS, the Community Development Department is interested in providing
clarification on the process of adopting plans and guiding documents and how the plans or
guidelines will be used in relation to currently adopted plans; and,
WHEREAS, the Community Development Department finds it is necessary to amend the
way a setback is measured from a private road; and,
WHEREAS, the Community Development Department finds that additional language
concerning Historic Landmark Lot Splits needs to be included in thc R-6, R-15, R-15A, and
R/ME zone districts; and,
WHEREAS, thc Community Development Department initiated code amendments to the
Lodge zone district and Commercial Lodge zone district standards to encourage new
development and redevelopment of lodging units within the city and finds that additional
amendments to the code arc necessary to facilitate new development and redevelopment of
lodging units; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the
text amendments under the applicable provisions of the Municipal Code as listed under Land Usc
Code Section 26.310.040, Standards of review; and,
WHEREAS, the Aspen Planning and Zoning Commission during a duly noticed public
hearing on November 1, 2005 and continued on November 22, 2005, as required by Section
26.310.020, Procedure for amendment, approved Resolution No. 34, Series of 2005, by a five to
zero (5-0) vote, approving the recommended changes to the above referenced sections of the
Land Use Code, and recommending that City Council approve the proposed amendments.
WHEREAS, the Aspen City Council has reviewed and considered the twelve sections of code
amendments under the applicable provisions of the Municipal Code as identified herein, has taken
public testimony, and heard the recommendations of the Planning and Zoning Commission and
Community Development Director; and,
WHEREAS, the Aspen City Council reviewed and approved Ordinance 50, Series of 2005, in
its entirety upon first reading during a regular meeting of the City Council on December 12, 2005;
and
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WHEREAS, upon second reading of Ordinance 50, Series of 2005, during a duly noticed
public hearing, the City Council determined that only sections 7, 8, 9, and 10 of Ordinance 50
should be adopted at second reading.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY COUNCIL AS
FOLLOWS:
Pursuant to the procedures and standards set fbrth in Chapter 26.310 of the City of Aspen Municipal
Code, the City Council hereby approves Code Amendment sections 7, 8, 9, and 10 initiated by
the Community Development Department which have been renumbered as sections 1, 2, 3, and 4
as outlined below:
Section 1:
The changes in Section I require a Historic Landmark property that would like to take advantage
of reduced dimensional standards in a Medium-Density Residential (R-6) zone district to
undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.040 D. 1., Minimum
Lot Size, and Section 26.710.040 D.3, Minimum Lot Width, are amended as follows:
1. Minimum lot size (square feet): Six thousand (6,000). For lots created by Section
26.480.030 A.4., Historic Landmark Lot Split: Three thousand (3,000).
And,
3. Minimum lot width (feet): Sixty (60). For lots created by Section 26.480.030 A.4.,
Historic Landmark Lot Split: Thirty (30).
Note to cod!tier: Only Section 26. 710.040. D.i. artd 3. have been mod~/iect Sections 2. 4. 5, 6. 7, 8. 9, 10.
and 11 have not changect
Section 2:
The changes in Section 2 require a Historic Landmark property that would like to take advantage
of reduced dimensional standards in a Moderate-Density Residential (R-15) zone district to
undergo the Historic Landmark Lot Split process. Therefore, Section .26.710.050 D. 1., Minimum
Lot Size, and Section 26.710.050 D.3, Minimum Lot Width, are amended as follo~vs:
1. Minimum lot size (square feet): Fifteen thousand (15,000). For lots created by Section
26.480.030 A.4., Historic Landmark Lot Split: Three thousand (3,000).
And,
3. Minimum lot width (feet): Seventy-five (75)'. For lots created by Section 26.480.030 A.4.,
Historic Landmark Lot Split: Thirty (30).
Note lo cod!tier: Only ~ection 26. 710.050. D. 1. and 3. have been mod!fled Sections 2, 4, 5, 6, 7, & 9. and
10 have not chan,~4ert
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Section 3:
The changes in Section 9 require a Historic Landmark property that would like to take advantage
of reduced dimensional standards in a Moderate-Density Residential (R-15A) zone district to
undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.060 D.I., Minimum
Lot Size, and Section 26.710.060 D.3, Minimum Lot Width, are amended as follows:
1. Minimum lot size (square feet): Fifteen thousand (15,000). For lots created by Section
26.480.030 A.4., Historic Landmark Lot Split: Three thousand (3,000).
And,
3. Minimum lot width (feet): Seventy-five (75). For lots created by Section 26.480.030 A.4.,
Historic Landmark Lot Split: Thirty (30).
Note to codifier: Only Section 26. 710.060. D. 1. and 3. have been modified Sections 2, 4, 5, 6, 7, 8, 9, and
10 have not changed.
Section 4:
The changes in Section 10 require a Historic Landmark property that would like to take
advantage of reduced dimensional standards in a Residential Multi-Family (R/MF) zone district
to undergo the Historic Landmark Lot Split process. Therefore, Section 26.710.090 D.I.,
Minimum Lot Size, and Section 26.710.090 D.3, Minimum Lot Width, are amended as follows:
1. Minimum lot size (square feet): Six thousand (6,000). For lots created by Section
26.480.030 A.4., Historic Landmark Lot Split: Three thousand (3,000).
And,
2. Minimum lot width (feet): Sixty (60). For lots created by Section 26.480.030 A.4., Historic
Landmark Lot Split: Thirty (30).
Note to codifier: Only Section 26. 710.090. D. 1. and 3. have been modified. Sections 2, 4, 5, 6, 7, 8, 9, and
10 have not changed
Section 5:
This ordinance shall not affect 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 he conducted and concluded under such prior ordinances.
Section 6:
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
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separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 7:
A public heating on this ordinance shall be held on the 9th day of January, 2006, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, fifteen days prior to which heating a 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 12th day of December, 2005.
Attest:
Kathryn S. ~och, City Clerk
FINALLY, adopted as amended, passed and approved this 9th day of Janaury, 2006.
Attest:
Kathryn S/~och, City Clerk
Approved as to form:
City~6o~rfiey
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