HomeMy WebLinkAboutordinance.council.004-10Ordinance No. 4
(SERIES OF 2010)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL AMENDING 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 heazing. 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.
WHEREAS, the Aspen City Council has reviewed and considered the
recommended changes to the Land Use Code under the applicable provisions of the
Municipal Code identified herein, has reviewed and considered the recommendation of the
Community Development Director, the Planning and Zoning Commission, and has taken
and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Land
Use Code meet or exceed all applicable standazds and that the approval of the proposal is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Ordinance No. 4, Series of 2010
Page 1
Section 1•
Section 26.304.070.D -Expiration of Development Order, which section describes time
limitations on a Development Order, shall 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 effective date of the
development order, unless a building permit application submittal is accepted and
deemed complete 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. Once a complete building permit application
submittal has been accepted, the development order shall remain valid subject to
applicable limitations of the International Building Code, the International
Residential Code and adopted policies of the Chief Building Official; regarding
the timely pursuit and execution of a building permit. In no case shall a
development order be valid more than ten (10) yeazs.
Section 2•
Section 26.304.075 -Building permit, which section describes the process to obtain a
building permit, shall 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.
Ordinance No. 4, Series of 2010
Page 2
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 that has been prepazed and
certified by a registered land surveyor. The improvements survey shall include a
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 determine 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, development agreements and land use approvals and
entitlements granted by the City, and all conditions thereon.
Ordinance No. 4, Series of 2010
Page 3
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 are 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.
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. The Chief Building Official may choose to issue permits
for portions or phases of a project in compliance with the allowances and limitations of
the International Building Code and the policies of the Community Development
Department.
Section 3•
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 be conducted and concluded under such
prior ordinances.
Section 4:
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 separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
Section 5•
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 6:
A public hearing on the Ordinance shall be held on the 25th day of January, 2010, at 5:00
p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior
to which hearing a public notice of the same shall be published in a newspaper of general
circulation within the City of Aspen.
Section 7•
This ordinance shall become effective thirty (30) days following final adoption.
[signatures on following page]
Ordinance No. 4, Series of 2010
Page 4
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the l ls' day of January, 2010.
Attest:
Kathryn S, och,
City Clerl
Michael C. Ire and,
Mayor
FINALLY, adopted, passed and approved thist~ay ofJ 10.
Attest:
/,`~ `" _
Kathryn Koch,
City Cler
Approved as to form:
.~%~
<_ City"Attorney
Ordinance No. 4, Series of 2010
Page 5
~o
m
a
..
n
`rtC
n
O
k
m
C
O
0
N T
m
~+ Z O
m O A
o y D
-~ _
o~Z
saz
n ~ D
o C
N
d
~-
O
,7
d
w
~'
c~
~, ~'
a~
6'
~.
w ~
~~
~,
o ~
w o
0
~~
lrtY ~
O ~
M~
c
~ Q.
~~
O ~
`.-~ P~
o ~
0
n
`rtC
O
o~ o N o ~ ~
^
N f~i 'J f+
C
C
m G ~' rt :y N
~ ~ ~ ~
~
. a:
N
x" ~~~
o~ ~~° ~
i OQ
~ ~ FO ,t
n Lp
~ ~'
C '
j' 3f] `i
.'y ~
w p. ~ o' ~
~ G. ~rt n o
n `.1
(D W U'~.
i--' N y
~ E N ."' M P.
n "cl 1
.
~ n L N
~ ,
p
,
~ "~ C~ ~.
C ~
`
w p O
C~ ~
, .
~
~
!
a p b w
~
W W n
~
~ r~.
~
'O
,
`C O C pp
p^-~ ~
y
C. ro R.
.+,
'l7 C
n
y !D ry
~
~ o• ~ a~ ~
~ ~ ~, a. ro
~
r., ~ .++
~ ~
~
.,
~+
~ ~ h
~o ~~~~~
W N ^ ~ '~ ~ N
~
~ rt
N 5
O ~,P1 M~
P+ ~ W
~ ~ ~..~ ~~
FY
~ ~ ~ w ~ ~ ~
n
O R'
C o` ~ ~^
]' P. ~ Q.
O ~ ~ ~ ~
O
O
~ N
~ ~
~ +
H "~' rY V
~
~~o
a ~ ~o .
~ Cl~
~ <
~ ~
~ o m
~'~ ~ `C
y ~ ~ ~ ~ ~
~
~ ~ ~
Y m ~' ~ w
b ~ H
~ ~ ~~~~
'ro.7. O
p -~ ~,~
~ cn .~ w
o ~ ~rt,~~
rt ~ ~ ry ry Wro
~ ro w Cl~y'~
~^+
~
rt ~
~ ~ O rt m
O ¢, ~
H
C ~n
~ ~ ~
~ O ''~ ~-.:
~ ~ob ~ x~
~
~ ~
p ~o.°
~
~
~ . ~
b
~' ~ "'
~~-h
~~-n N
Q+ N
c+v nsD N= @@°n ~'rOp02
v_ ~m as Sao°_ fEOOZCO
N nr. SmmNna
~TN~ ~~ ~~ STNTr,O-2
oa x ~m e'^N mrpNyas
`d''m' ~ Z° ~~d riOmim inOv
m
0 oa -w= $zH~:~ naa
0 Oyd w_om O~~Cfii2 NCO
yp ~ n 3A mae~im Om~
-' aoc mQ
a4Jw 3m.iDr~ y~zy
F m -_ y9.N NO O~
- ~ o Nn~ oojzos
- - masfa
° mazzm
i n n~~iy~m_
- -- ooN~
~2 H m zzm.~
a
t~z1
n
O
0
d
O
ro
~"
z
~~
H
A
00
w 0
1 z
~ ~
Q
N
3
4524154 Ordinance No.
PROOF OF PUBLICATION (SERIES OF 2010)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL AMENDING THE FOLLOWING SEC-
TIONS OF THE CITY OF ASPEN LAND USE CODE: SECTION 26.304.070.D - EXPIRATION OF DE-
VELOPMENT 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,
Tn: A:x TIM!: WHEREAS, the amendments requested relate to Section 26.304.070.D Expiration of Development Or
Aspn
der and Section 26304.075 - 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,
STATE OF COLORADO, COUNTY OF PITKIN 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 hearing to consider the
I, Jenna Weatherred, do solemnly swear that I am a Publisher of the ASPEN proposed amendments as described herein on December 15, 2009, took and considered public stimony
and the recommendation of the Director and recommended, by a three to one 3 -1 vote, City Council
TIMES WEEKLY, that the same weekly newspaper printed, in whole or in adopt the proposed amendments.
and published in the County of Pitkin, State of Colorado, and has a
WHEREAS, the Aspen plryb pobooreviewedand considered dreed herein, d changes to the Land
art
t�� Use Code under the non le of provisions of the Municipal Code identified eP n, has reviewed and s-
P P `J sidered the rerecommendation mm applicable
of the Community Deeveelopm l ment nt Director, the Planning and d Zoning Commis-
general circulation therein; that said newspaper has been published lion, and has taken and considered public comment at a public hearing; and,
I continuously and uninterruptedly in said County of Pitkin for a period of WHEREAS, the City Council finds that the proposed text amendments to the Land Use Code meet or ex-
ceed all applicable standards and that the approval of the proposal is consistent with the goals and ale -
more than fifty -two consecutive weeks next prior to the first publication of manta ofthe Aspen Area Community Plan; and,
WHEREAS, the City Council rods that this Ordinance IurtM1ers and Is necessary for the promotion of pub-
the annexed legal notice or advertisement-
lic health, safety, and welfare.
NOW :THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN. COLO-
RADO as follows:
That the annexed legal notice or advertisement was published in the regular g P Section 1
Section 26.304.070.D - Expiration of Development Order, which section describes time limitations on a
and entire issue of every number of said daily newspaper for the period of 1 Development Order, shall read as follows:
consecutive insertions; and that the first ublication of said notice was in the D. Expiration of development order. The development order shall not expire but shall be subject to any
P amendments to the Land Use Code, that have been adopted since the development was approved, after
issue of said newspaper dated 1/17/2010 and that the last publication of said the period of vested rights has expired. Vested property tights, including allotments received pursuant to
P Chapter 25470, shall expire on the day after the third (3rd) anniversary of the effective date of the devel-
opment order. unless a complete building permit application submittal is accepted by the Chief Budding
notice was in the issue of said newspaper dated 1/17/2010. . official pursuant to Section 26304.075 below or unless an exemption or extension of the approval is
In witness whereof, I have here unto set my hand this 25th day of January,
granted by the City Council pursuant to Section 26.306.
Y Y J 'J, Section 2:
2010. Section 26 304.075 - Building permit, which section describes the process to obtain a building permit, shall
read as follows:
26.304.075 Building Permit
0 A, Application.
4 A A 1.Recordation and fees. Prior to the submission of an application for a building permit, all
r u sreflecting and memorializing fib e i of development approval for which a building permit is
Jenny Weatherredj Publishe
requested shall . be reviewed of such and approved nos by y e omthe of Aspen and ntl r per e in the county clerk and
reco rde office. Proof of such re pen accompany the include, bg permit mit in itedtlo finauma a
reoc or memorrializing anti develovelos pmment t a ah C
pen s but limited to, a rioet, a
resolution or ordinance granting final developmment t approval, a subdivision lim tim or other i , mprovv emmenn ts
agreement, a development agreement and/or deed restrictions which may be required as condition of
Subscribed and sworn to before me, a notary public in and for the County of development approval. Prior to the submission of an application for a budding permit, all fees s associated
with a project's land use review shall be paid in full. Unless otherwise determined by the Community De-
Garfield, State of Colorado this 25th day of January, 2010. velopment 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
1/I1
A - - 1).W/ I I demonstrate tste
s compliance with ul
M1 applicable codes and raga City
regulations of the City of o codes a
Aspen, a op and
✓ _ 1/ 16 4 - )4 regulations 01 outside agencies with jurisdiction, and n allowances of the ty o of the Development
and
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
Mary E. rkenhagen, Notary Public 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
My Commission expires: August 27, 2011 improvements survey meeting the standards and requirements of the City Engineer what has been
. '' prepared and certified by a registered land surveyor. The Improvements survey shall include a site plan
• which conforms to the requirements set forth at Subsection 1320.020(h) Paragraph (2) for a tree removal • I 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
T S r reviewed for compliance with applicable codes and regulations of the City of Aspen, codes and regulations
Aspen (LEGAL S) City of 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
4 the plans in order to determine or achieve compliance.
J D. 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 determine whether the proposed development:
• - - ,-- i'2111
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.
4.1s 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 tees 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 are remedied by the applicant. If the applicant does not address the deficiencies
within a reasonable timehame, 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 CM or outside agencies.
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. The
Chief Building Official may choose to issue permits for portions or phases of a project in compliance with
the allowances and limitations of the International Building Code and the policies of the Community
Development Department.
Section 3:
This Ordinance shall not effect 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 be conducted and concluded under such prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held in-
. valid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and shall not affect the validity of the remaining portions thereof.
Section 5:
• That the Ciry Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in
the office of Me Pitkin County Clerk and Recorder.
Section 6:
A public hearing on the Ordinance shall be held on the 2501 day of January, 2010, at 5 :00 p.m. a the City
Council Chambers, Aspen City Hall, Aspen Colorado. fifteen (15) days prior to which hearing a public
notice of the same shall be published in a newspaper of general circulation within the City of Aspen.
Section 7:
This ordinance shall become effective thirty (30) days following final adoption.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of
Aspen on the 11th day of January, 2010.
Attest:
Kathryn S. Koch, Michael C. Ireland
City Clerk Mayor
•
Published in the Aspen Times Weekly on January 17, 2010 t45241541