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HomeMy WebLinkAboutresolution.apz.018-09RESOLUTION N0. 18 (SERIES OF 2009) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, RECOMMENDING AMENDMENTS TO THE FOLLOWING SECTIONS OF THE CITY OF ASPEN LAND USE CODE: SECTION 26.304.070.D -EXPIRATION OF DEVELOPMENT ORDER AND SECTION 26.304.075 -BUILDING PERMIT WHEREAS, the Community Development Director of the City of Aspen initiated an application proposing amendments to the Land Use Code, pursuant to Chapter 26.210; and, WHEREAS, the amendments requested relate to Section 26.304.070.D - Expiration of Development Order and Section 26.304.075 -Building Permit, of the Land Use Code of the Aspen Municipal Code; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Community Development Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Director recommended approval of amendments to the above listed Sections as further described herein; and, WHEREAS, the Planning and Zoning Commission opened a duly noticed public heazing to consider the proposed amendments as described herein on December 15, 2009, took and considered public testimony and the recommendation of the Director and recommended, by a three to one (3-1) vote, City Council adopt the proposed amendments. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.304.070.D -Expiration of Development Order, which section describes time limitations on a Development Order, to read as follows: D. Expiration of development order. The development order shall not expire but shall be subject to any amendments to the Land Use Code, that have been adopted since the development was approved, after the period of vested rights has expired. Vested property rights, including allotments received pursuant to Chapter 26.470, shall expire on the day after the third (3`d) anniversary of the P&Z Reso No. 18, Series of 2009 Page 1 effective date of the development order, unless a complete building permit application submittal is accepted by the Chief Building Official pursuant to Section 26.304.075 below or unless an exemption or extension of the approval is granted by the City Council pursuant to Section 26.308. Section 2: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.304.075 -Building permit, which section describes the process to obtain a building permit, to read as follows: 26.304.075. Building Permit. A. Application. 1. Recordation and fees. Prior to the submission of an application for a building permit, all documents reflecting and memorializing final development approval for which a building permit is requested shall be reviewed and approved by the City of Aspen and recorded in the county clerk and recorder's office. Proof of such recording shall accompany the building permit application. Documents reflecting or memorializing final development approval shall include, but not be limited to, a final plat, a resolution or ordinance granting final development approval, a subdivision or other improvements agreement, a development agreement and/or deed restrictions which may be required as a condition of development approval. Prior to the submission of an application for a building permit, all fees associated with a project's land use review shall be paid in full. Unless otherwise determined by the Community Development Director, the Chief Building Official shall not accept building permit applications for which all documents and agreements have not been recorded or land use review fees have not been paid. 2. Contents. An application for a building permit shall be submitted to the Chief Building Official. The application shall include scaled plans, drawings, depictions, studies, and reports sufficient to demonstrate compliance with applicable codes and regulations of the City of Aspen, codes and regulations of outside agencies with jurisdiction, and the allowances and limitations of the Development Order. The application shall be submitted in a form and manner as prescribed by the Community Development Director, as may be amended from time to time. The application shall be accompanied by the applicable permit review fees, some or all of which may not be refundable upon denial or withdrawal of the application. Attached to the application shall be a copy of the development order (if applicable) and an improvements survey meeting the standards and requirements of the City Engineer what has been prepazed and certified by a registered land surveyor. The improvements survey shall include a P&Z Reso No. 18, Series of 2009 Page 2 site plan which conforms to the requirements set forth at Subsection 13.20.020(b) Paragraph (2) for a tree removal permit. 3. Completion Review and Acceptance. The Chief Building Official shall review the contents of the building permit application for completion in a timely manner. Applications found complete shall be reviewed for compliance with applicable codes and regulations of the City of Aspen, codes and regulations of outside agencies that have jurisdiction, and the allowances and limitations of the Development Order. Applications found incomplete shall be returned to the applicant along with all review fees. Partial or incomplete applications shall not be accepted. Acceptance of a complete application shall not imply compliance or prohibit the Chief Building Official from requesting additional information or amendments to the plans in order to determine or achieve compliance. B. Compliance Review and Issuance. Upon receipt of a completed application, the Chief Building Official shall timely refer copies of same to the Community Development Director and such other appropriate City staff and/or departments and outside agencies for compliance review. The application shall be evaluated to detenmine whether the proposed development: 1. Complies with the International Building Code and other applicable construction codes; 2. Complies with the adopted requirements, specifications, and regulations of the City of Aspen and outside agencies with jurisdiction; 3. Complies with zoning requirements and the allowances and limitations of the Development Order and conditions thereon. 4. Is subject to review, impact, cash-in-lieu, dedication, permitting or other similar development fees or taxes. The Chief Building Official shall provide to the applicant a summary of such fees to be collected by the City upon issuance of the building permit, or phases thereof. If the application does not comply with the above enumerated requirements, written notice shall be timely provided to the applicant specifying the deficiencies. No further action shall be taken on the application until all deficiencies aze remedied by the applicant. If the applicant does not address the deficiencies within a reasonable timeframe, as determined by the Chief Building Official, the application shall be denied. Upon cure of all deficiencies, the Chief Building Official shall again review the application for compliance, which may again include referring the application to appropriate City or outside agencies. P&Z Reso No. 18, Series of 2009 Page 3 If the application does comply with the above enumerated requirements, a building permit shall issue upon payment of all applicable City fees and other fees collected by the City on behalf of outside agencies. Section 3: A public heazing on the Resolution was held on the 15`" day of December , 2009, at 4:30 p.m. in the Sister Cities Room, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. FINALLY, adopted, passed and approved this 15`" day of December, 2009. Attest: uc• v ity Clerk Stan Gibbs, Vice Chair Approved as to form: City Attorney P&Z Reso No. 18, Series of 2009 Page 4