HomeMy WebLinkAboutresolution.apz.017-09RECEPTION#: 565855, 01/05/2010 at
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1 OF 8, R $41.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION No. 17
(Series of 2009)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION,
ASPEN, COLORADO, DETERMINING THAT AMENDMENTS TO THE
FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND
USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE MEET
APPLICABLE STANDARDS OF REVIEW: 26.415.120 -APPEALS, NOTICE TO
CITY COUNCIL AND CALL UP; 26.412.040.B -APPEALS, NOTICE TO CITY
COUNCIL AND CALL UP; 26.415.070.D.3 -CONCEPTUAL DEVELOPMENT
PLAN REVIEW; 26.415.070.D.4 -FINAL DEVELOPMENT PLAN REVIEW.
WHEREAS, in accordance with Sections 26.210 and 26.310 of the City of
Aspen Land Use Code, the Director of the Community Development Department
initiated amendments to the Land Use Code related to the provisions for City Council
"call-up" review of Conceptual Review approvals granted by the Historic Preservation
Commission and the Planning and Zoning Commission; 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 Community Development Director has recommended denial of
the proposed amendments to the City of Aspen Land Use Code Sections 26.415.120 -
Appeals, notice to City Council and call up; 26.412.040.B -Appeals, notice to City
Council and call up; 26.415.070.D.3 - Conceptual Development Plan Review;
26.415.070.D.4 -Final Development Plan Review, as described herein; and,
WHEREAS, the amendments proposed herein are consistent with the Aspen
Area Community Plan which, in part, calls to "retain and encourage an eclectic mix of
design styles and to maintain and enhance the special character of our community"; and,
WHEREAS, during a duly noticed public hearing on April 21, 2009, continued to
June 16, 2009, continued to November 3, 2009 and continued to December 15, 2009 the
Planning and Zoning Commission recommended that City Council approve amendments
to the text of Sections 26.415.120 -Appeals, notice to City Council and call up;
26.412.040.B -Appeals, notice to City Council and call up; 26.415.070.D.3 -Conceptual
Development Plan Review; 26.415.070.D.4 -Final Development Plan Review, as
described herein, by a 3 - 1 vote; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the
amendments meet or exceed all applicable standards pursuant to Chapter 26.310 and that the
approval of the amendments is consistent with the goals and elements of the Aspen Area
Community Plan; and,
Planning & Zoning Commission Reso #17 of 2009
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WHEREAS, the Aspen Planning and Zoning Commission fords that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
WHEREAS, the amendments to the Land Use Code are delineated as follows:
Text unaffected is black and in standard print and looks like this. `: ex*'~°~~° ron,^•~°a ~~
re~ev~~:-~~ih.~oa~"-~~eeh~-k~~~~-'Text bein<~ added to the code is red with
underline and looks like this.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
HISTORIC PRESERVATION COMMISSION as follows:
Section l: Section 26.415.120 -Appeals, notice to City Council and Call-Up, which
section describes the process for City Council '`call-up" of Historic Preservation
Commission decisions, shall be amended as follows:
26.415.120. Appeals, Notice to City Council, and Call-Up
A. Appeal. Any action by the HPC in approving, approving with conditions or
disapproving a development order and an associated certificate of appropriateness for
major development, demolition approval or relocation approval may be appealed to the
City Council by the applicant or a property owner within three hundred (300) feet of the
subject property in accordance with the procedures set forth in Chapter 26.316.
B. Notice to City Council. Following the adoption of a resolution approving,
approving with conditions or disapproving a Conceptual Udevelopment Plan application
for a certificate of appropriateness for major development, demolition approval or
relocation approval of a designated property, the HPC shall promptly notify the City
Council of its action to allow the City Council an opportunity to avail itself of the call-up
procedure set forth in Subsection 26.415.120.0 and D. Notification shall consist of a
description in written and Graphic term of the project with a copv of the approving
document.
C. Call-up. The City Council may order call up of any action taken by the HPC as
described in Section 26.415.070 within thirty (30) days of the decision, action or
determination. Consequently, applications for 1 final Development Plan Review shall not
be accepted by the City and no associated permits e-a~shall be issued during the thirty
(30) day call-up period. If City Council exercises this call-up provision no applications
t_'gr Final Development Plan Review shall be accepted by the City and no associated
permits shall be issued until the City Council takes action as described in subsection
26.415.120.D. If the City Council does not call up the action within the call-up period
the resolution of 1IPC shall be the final decision on the matter
D. City Council action on ~ea~-call-up. The City Council shall. at a public
meetim~, consider the application ^~ ''-° :~,,~.d ~a;ah;;~l:~u'-^~ *" T rDr~le nwa, The
City Council coati, at its discretion, consider evidence included in the record established
by the Historic Preservation Commission or supplement the record with additional
Planning & Zoning Commission Reso #17 of 2009
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evidence or testimony as necessary. The City Council shall conduct its review of the
application under the same criteria applicable to the reviewing body °"°" °~~~ *"°
NP!' h7r riv°°l..a°a ;+~ j µl,r~1V11 v " ~' '* a' *' The City Council's slime
s+~raction shall he
- - , ,
limited to:
1. Accepting the decision.
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~... ! 1116.1111 .
~2. Remanding the application to the HPC with direction from Council for rehearing
and reconsideration. (Ord. No. 1-2002, § 7 [part]; Ord. No. 52-2003, § 10)
3. Continuing the meeting to request additional evidence, analysis, or testimony as
necessary to conclude the call-up review
E. Additional Actions. The rehearing and reconsideration of the application by the HPC
shall be duly noticed pursuant to Section 26.304.060.E Public Notice and shall be limited
to the topics listed in the direction from Council. The HPC decision is anal and concludes
the call up review. Substantive changes, as defined in Section 26.415.070.E 2 Substantial
Amendments, made to the application during the call up review and outside the topics
listed in the remand from Council shall be reviewed pursuant to Section 26 415 070 E
and shall require a new call up notice to City Council. The call up review shall be limited
only to the changes approved in the Substantial Amendment application
Section 2: Section 26.412.040.B. -Appeals, notice to City Council and Call-Up, which
section describes the process for City Council ``call-up" of Commercial Design Review
decisions, shall be amended as follows:
26.412.040.B. Appeals, Notice to City Council, and Call-Up
1. Appeals. An applicant aggrieved by a determination made by the Community
Development Director, the Planning and Zoning Commission or the Historic Preservation
Commission, as applicable, pursuant to this Chapter, may appeal the decision to the City
Council, pursuant to the procedures and standards of Chapter 26.316, Appeals.
2. Notice to City Council. Following the adoption of a resolution approving or
approving with conditions a development application for Ceonceptual Ddesign, the City
Council shall be promptly notified of the action to allow the City Council an opportunity
to avail itself of the call-up procedure set forth below. Notification shall consist of a
description in written and graphic form of the project with a copy of the approving
document. Also see appeal procedures, Section 26.412.090 below.
3. Call-up. Following the adoption of a resolution approving or approving with
conditions a development application for Commercial Design Review, the City Council
Planning & Zoning Commission Reso #17 of 2009
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may order call-up of the action within thirty (30) days of the decision, action or
determination. Consequently, applications for l:inal Dcsi~~n shall not be accepted by the
Cite and no associated permits e-a~rshall be issued during the thirty-day call-up period. If
City Council csercises this call-up prop ision no ahplication~ fir Final Desi~~n Shall be
accented by the. City and no associated permits shall he issued until the City Council
takes action as described in subsection ?6 41 ~ 040 B =1 If the City Council does not call
up the action within the call-up period, the resolution shall be the final decision on the
matter.
4. City Council action on call-up. The City Council shall. at a public meeting,
consider the application clc nc~ho.
~e~n-ot~~ie-Weser-r~ian--Ee~.zssie~~s-~P~l`e--The City
Council may, at its discretion, consider evidence included in the record established by the
Historic Preservation Commission or Planning and Zoning Commission as applicable or
supplement the record with additional evidence or testimony as necessary The City
a~e~s dise~etiei~The City Council's ~'~°" *°'-° ~ "'~ action shall be ° ~*_~ a°°m °a
limited to:
a. Acceptine the decision
b.E.Remanding the application to the applicable Commission with direction from City
Council for rehearing and reconsideration. (Ord. No. 13, 2007, §1)
e. Continuint; the mectin<~ to request additional evidence analysis or testimony as
necessary to conclude the call up review.
5. Additional Actions. The rehearing and reconsideration of the application by the
applicable Commission shall be duly noticed pursuant to Section ~6 304 060 E Public
Notice and shall be limited to the topics listed in the direction from Council The
decision made by the applicable Commission is final and concludes the call up review
Substantive changes, as defined in Section 26 41 ~ 080 Amendment of Commercial
Design Review Approval made to the application during the call up review and outside
the topics listed in the remand from Council shall be reviewed pursuant to Section
26.412.080 and may require a new call up notice to City Council The call up review
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Section 3: Section 26.415.070.D.3 -Conceptual Development Plan Review, which
section describes the process for Review and approval of Conceptual Development Plans
by the Historic Preservation Commission, shall be amended as follows:
Planning & Zoning Commission Reso #17 of 2009
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26.415.070.D.3. Conceptual Development Plan Review.
a. An application for a conceptual development plan shall include the following:
(1) The general application information required in Section 26.304.030.
(2) A site plan and survey showing property boundaries, the location and
orientation of existing and proposed improvements and predominant site
characteristics.
(3) Scaled drawings of all proposed structure(s) or additions} depicting their
form, including their height, massing, scale, proportions and roof plan; and the
primary features of all elevations.
(4) Preliminary selection of primary building materials to be used in construction
represented by samples and/or photographs.
(5) Supplemental materials to provide a visual description of the context
surrounding the designated historic property or historic district including at
least one (1) of the following: diagrams, maps, photographs, models or
streetscape elevations.
(6) Verification that the proposal complies with Chapter 26.410, Residential
design standards or a written request for a variance from any standard that is
not being met.
b. The procedures for the review of conceptual development plans for major
development projects are as follows:
(1) The Community Development Director shall review the application materials
submitted for conceptual or final development plan approval. If they are
determined to be complete, the applicant will be notified in writing of this and
a public hearing before the HPC shall be scheduled. Notice of the hearing
shall be provided pursuant to Section 26.304.060.E.3 Paragraphs a, b and c.
(2) Staff shall review the submittal material and prepare a report that analyzes the
project's conformance with the design guidelines and other applicable Land
Use Code sections. This report will be transmitted to the HPC with relevant
information on the proposed project and a recommendation to continue,
approve, disapprove or approve with conditions and the reasons for the
recommendation. The HPC will review the application, the staff analysis
report and the evidence presented at the hearing to determine the project's
conformance with the City Historic Preservation Design Guidelines.
(3) The HPC may approve, disapprove, approve with conditions or continue the
application to obtain additional information necessary to make a decision to
approve or deny.
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~) A resolution of the HPC action shall be forwarded to the City Council in
accordance with Section 26.415.120 -Appeals notice to Citv Council and
call-un. Na annlications for Final Development Plan shall be accepted by the
City and no associated permits shall be issued until the City Council takes
action as described in said section.
c. The effect of approval of a conceptual development plan is as follows:
(1) Approval of a conceptual development plan shall not constitute final approval
of a major development project or permission to proceed with the
development. Such authorization shall only constitute authorization to
proceed with the preparation of an application for a final development plan.
(2) Approval of a conceptual development plan shall be binding upon HPC in
regards to the location and form of the envelope of the structure(s) and/or
addition(s) as depicted in the conceptual plan application including its height,
scale, massing and proportions. No changes will be made to this aspect of the
proposed development by the HPC as part of their review of the final
development plan unless agreed to by the applicant. If the applicant chooses
to makes substantial amendments to the conceptual design after it has been
approved, a new conceptual development plan approval shall be
required, pursuant to Secxicm 26.41 ~.070.D.3-
(3) Unless otherwise specified in the resolution granting conceptual development
plan approval, a development application for a final development plan shall be
submitted within one (1) year of the date of approval of a conceptual
development plan. Failure to file such an application within this time period
shall render null and void the approval of the conceptual development plan.
The Community Development Director may grant an extension of this
limitation if the delay has been reused by the application requirin<T additional
reviews or similar delays that could not have been reasonable predicted by the
applicant. The Historic Preservation Commission may, at its sole discretion
and for good cause shown, grant cone-time extension of the expiration date
for a conceptual development plan approval for up to six (6) months provided
a written request for extension is received no less than thirty (30) days prior to
the expiration date.
Section 4: Section 26.415.070.D.4 -Final Development Plan Review, which section
describes the process for Review and approval of Final Development Plans by the
Historic Preservation Commission, shall be amended as follows:
26.415.070.D.4. Final Development Plan Review.
a. An application for a final development plan shall include:
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(1) The general application information required in Section 26.304.030.
(2) Final drawings of all proposed structures(s) and/or addition(s) included as part
of the development at 1 /4" = 1.0' scale.
(3) An accurate representation of all major building materials to be used in the
development, depicted through samples or photographs.
(4) A statement, including narrative text or graphics, indicating how the final
development plan conforms to representations made or stipulations placed as a
condition of the approval of the conceptual development plan.
b. The procedures for the review of final development plans for major development
projects are as follows:
(1) The Community Development Director shall review the application materials
submitted for final development plan approval. If they are determined to be
complete, the applicant will be notified in writing of this and a public hearing
before the HPC shall be scheduled. Notice of the hearing shall be provided
pursuant to Paragraphs 26.304.060.E.3.a, band c.
(2) Staff shall review the submittal material and prepare a report that analyzes the
project's conformance with the design guidelines and other applicable Land
Use Code sections. This report will be transmitted to the HPC with relevant
information on the proposed project and a recommendation to continue,
approve, disapprove or approve with conditions and the reasons for the
recommendation. The HPC will review the application, the staff analysis
report and the evidence presented at the hearing to determine the project's
conformance with the City Historic Preservation Design Guidelines.
(3) The HPC may approve, disapprove, approve with conditions or continue the
application to obtain additional information necessary to make a decision to
approve or deny. If the application is approved, the HPC shall issue a
certificate of appropriateness and the Community Development Director shall
issue a development order.
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(mil) Before an application for a building permit can be submitted, a final set of
plans reflecting any or all required changes by the HPC or City Council must
be on file with the City. Any conditions of approval or outstanding issues
which must be addressed in the field or at a later time shall be noted on the
plans.
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FINALLY, adopted and approved this 15~' day of December, 2009.
Stan Gibbs, Vice- Chairman
Attest:
~~~
cki ian, City Clerk
Approved as to form:
.Kr----,
amen R. True, Special Counsel
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