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HomeMy WebLinkAboutordinance.council.017-83 RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 983_8~) (Series of 1 AN ORDINANCE AMENDING SUBSECTION (c) OF SECTION 24-3.3 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, PERTAINING TO GRANTS OF CONDITIONAL USE, SO AS TO REQUIRE THAT ONLY PROPOSED MODIFICA- TIONS, STRUCTURAL ENLARGEMENTS OR EXPANSIONS WHICH ARE SUBSTANTIAL NEED OBTAIN THE APPROVAL OF THE PLANNING AND ZONING COMMISSION AND REQUIRING THAT ALL SUCH PROPOSED MODIFICATIONS, STRUCTURAL ENLARGEMENTS AND EXPANSIONS OF CONDITIONAL USES BE SUBMITTED TO THE PLANNING DIRECTOR FOR A WRITTEN DETERMINATION OF SUBSTAN- TIALITY; AMENDING SUBSECTION (c) OF SECTION 24-4.1, PERTAINING TO OFF-STREET PARKING, SO AS TO DELETE THE NECESSITY OF A RECOMMENDA- TION FROM THE PLANNING AND ZONING COMMISSION IN CASES WHERE THE CITY COUNCIL DETERMINES THE PARKING REQUIREMENTS FOR LOW, MODERATE AND MIDDLE INCOME HOUSING UNITS BY SPECIAL REVIEW WHEREAS, the City Council of the City of Aspen has deemed it to be in the best interest of the City that the processing of cer- tain land use applications be simplified in cases where there appears to be an unnecessary redundancy in multiple review steps presently required, and WHEREAS, the City Council, through the City Planning Direc- tor, has requested that the Planning and Zoning Commission study ways that the Municipal Code may be amended so as to avoid un- necessary redundancy and permit expedited review when justified under the circumstances, and WHEREAS, at a public hearing on February 22, 1983, the Aspen Planning and Zoning Commission considered various ways of reducing the number of review steps associated with certain types of land use applications and has forwarded its recommendations to the City Council in the form of Planning and Zoning Commission Resolution No. 83-1, and WHEREAS, the City Council, having reviewed the Planning and Zoning Commission's recommendation, desires amend subsection (c) of Section 24-3.3 of the Municipal Code of the City of Aspen by of Aspen by requiring that only proposed modifications, structural enlargements and expansions of conditional uses which are substan- RECORD OF PROCEEDINGS 100 Leaves tial need to obtain the approval of the Planning and Zoning Com- mission by a repetition of conditional use approval procedures and requiring that all such proposed modifications, structural en- largements and expansions be submitted to the Planning Director for a written determination as to whether such proposed modifica- tion, structural enlargement and expansion is substantial thereby necessitating Planning and Zoning Commission review; and WHEREAS, the City Council desires to amend subsection (c) of Section 24-4.1 of the Municipal Code of the City of Aspen so as to delete the requirement of a recommendation from the Planning and Zoning Commission in cases where parking requirements for low, moderate and middle income units are determined by special review of the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That subsection (c) of Section 24-3.3 of the Municipal Code of the City of Aspen pertaining to granting of conditional uses be and the same is hereby amended to read as follows: "(c) No approved conditional use may be substantially modi- fied, structurally enlarged or expanded in ground area unless such modification, enlargement or expansion receives the prior approval of the commission which approval shall be obtained by repetition of the granting procedures herein provided. All plans for a proposed modification, structural enlargement or expansion shall be submitted to the planning director for a determina- tion in writing by the planning director as to whether such proposed enlargement, modification or expansion is substantial thereby necessitating planning and zoning co~ission approval. In making such determinations the planning director shall take into account that modifica- tions, enlargements or expansions which are not substan- tial include, but are not limited to: minor changes in the operation of a conditional use; changes which will not cause negative impacts on pedestrian and vehicular traffic circulation, parking or noise; changes which do not substantially affect the tourist or local orienta- tion of the conditional use; changes which do not affect the character of the neighborhood in which they are located; changes which do not increase the use's employee base or the retail square footage in the struc- RECORD OF PROCEEDINGS 100 Leaves ture; and changes which do not substantially alter the external visual appearance of the building or its site." Section 2 That subsection (c) of Section 24-4.1 of the Muncipal Code of the City of Aspen, pertaining to the requirement of off-street parking, be and the same is hereby repealed and reenacted to read as follows: "(c) For all low, moderate and middle income housing units approved and deed restricted to housing for employees to rental and sale price terms within housing price guide- lines established by the city council and to eligibility established by the city council, the required off-street parking shall be established by special review of the city council. Prior to establishing the required off- street parking the city council may request a recom- mendation from the planning and zoning commission." Section 3 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 4 A public hearing on the ordinance shall be held on the-- day of Y/~-{~ , 1983, at 5:00 P.M. in the City Counc ambers, Aspen City Hall, Aspen, Colorado, 15 days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED published as provided by law by of the City of Aspen on the //~%~"~day of the City C~ouncil ~r~r RECORD OF PROCEEDINGS 100 Leaves ATTEST: City Clerk FINALLY adopted, passed and approved on this ./~ . day of ~ , 1983. ,. Herman Edel, Mayor ATTEST: Kathryn S.~6Ch, City Clerk--- RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ss CERTIFICATE COUNTY OF PITKIN ) I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on reading at a regular meeting of the City Council of the City of Aspen on ~~ // , 19F~ , and published / in the Aspen Times a weekly newspaper of general circulation published in the City of Aspen, Colorado, in its issue of // ~?~19~__~__, and was finally adopted /~~ a reg~~the City .Council on and approved at ~ /~ /19 f~ , and ordered published as Ordinance No. , Si'~i~s 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 ~ day SEAL Deputy City Clerk