HomeMy WebLinkAboutordinance.council.036-83 RECORD OF PROCEEDINGS 100 Leaves
(Series of 1983)
AN ORDINANCE AMENDING SECTION 24-11.2 OF THE MUNICIPAL CODE BY THE
ADOPTION OF A CHANGE TN USE GMP EXEMPTION
WHEREAS, Section 24-11.2(a) of the Municipal Code, GMP Exemp-
tions, permits the remodeling, restoration or reconstruction of
any existing building, without requiring competition under the
Growth Management Quota System, provided that no addition of
dwelling units nor expansion of floor area takes place, and
WHEREAS, implicit in the provisions of said section is a
limitation on the ability of an applicant to change the use of any
existing building at the time of its remodeling, restoration or
reconstruction, and
WHEREAS, the Aspen City Council does wish to amend the Muni-
cipal Code to explicitly identify guidelines for the administra-
tion of a change in use GMP exemption.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That it does hereby amend Section 24-11.2 of the Municipal
Code by the adoption of a new subsection (j) to read as follows:
"(j) Any change in use of an existing structure for which a
certificate of occupancy has been issued for at least
two years, provided that the applicant can demonstrate
to the Planning and Zoning Commission that said change
in use will result in negligible growth impacts on the
community. Any activity resulting in a change between
the use categories identified in Section 24-11.1 of this
Code which is found by the Planning and Zoning Commis-
sion to cause a growth impact shall be subject to the
need to acquire a development allotment, pursuant to
said Section 24-11.1. For the purposes of this section,
growth impact shall be defined as any activity which
results in more than a negligible increase in employee
housing or parking spaces; generates more than a negli-
gible increase in traffic demand, water and sewer needs,
fire and police protection requirements, off-site drain-
age and road demands; or otherwise requires the provi-
sion of more than a negligible increase in governmental
services."
RECORD OF PROCEEDINGS 100 Leaves
Section 2
That it does hereby amend the first sentence of Section
24-11.2(a) of the Municipal Code to read as follows:
"The remodeling, restoration or reconstruction of any exist-
ing building, provided there is no expansion of commercial
floor area nor creation of additional dwelling units."
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 o~
day of ~.~/~ , 1983, at 5:00 P.M. in
the City Council Chambers, 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
the City Council of the City of Aspen on the~'~ day of
, 1983.
William L. ~
A~TEST:
Kathryn .S~Koch, City Clerk
RECORD OF PROCEEDINGS 100 Leaves
FINALLY adopted, passed and approved this ~ day of
~ , 1983.
: William L. Sti~ling, Mayor ~
ATTEST:
h, 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 oD ~
reading at a regular meeting of the City Council of the
City of Aspen on ~ ~ ~" , 19 ~ , and published
in the Aspen Times a weekly newspaper of general circulation
published in the City of Aspen, Colorado, in its issue of
d~. ~ , 19 F~ , and was finally adopted
an approved at a regular meeting of ~he City Council on
d~~~ ' 19 ~ ' and °rdered published as~
Or , Series of 19c/_j_, 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
~och, City clerk
SEAL
Deputy City Clerk