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HomeMy WebLinkAboutcoa.lu.ca.0022.2010.ASLU0022.2010.ASLU CITY HALL/COUNCIL CODE AMENDMENT DEVELOPMENT ORDERS c File Edit Record Navigate Form Reports Format Tab Help ®I ,t 1 e eJ J$s ilurrip c4W L ~ Rogtrng Status Feel Fee Summary. Main fictions Attachments Routing tWory I Keluetion Arch/ Er�q Custom Fjelds Sub Permits --- — —-- — Permit type Aspen Lend Un Permit A ess 130 S GALENA ST AptjSuite CITY HALL City ASPEN State CO ap 81811 Permit Information I � Master permit •• Routing QueuO Project status —■ Description CODE AMENDMENT - DEVELOPMENT ORDERS - AN ORDINANCE OF THE CITY OF ASPEN AND COUNCIL AMENDING THE LAND USE CODE I Submitted CHRIS BENDON Clock ® Days 71 Submitted via Owner Last name CITY OF ASPEN First name Phone Address Applied 5202010 Approved Issued Final Expires 5,152011 Applicant i 0 Owner is applicant? ❑ Contractor is ap*arA? Last name ICITY OF AS First name t GALENA N 00 81811 Phone Cust 28789 Address —.,, = Lender Last name Fist name Phone ( ) - Address Displays the permit lender's addren AspenGold5 (server) angels Add 1 of 1 Ordinance 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 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 hearing 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 standards 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 fiurthers 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 (3rd) 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) years. 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 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 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 I I'h day of January, 2010. Attest: Kathryn S. och, City Clerl Michael C. Ire and, Mayor FINALLY adopted, passed and approved this YoJI..11 10. Attest: *Kat�hryn,$/ Koch, City Cler Approved as to form: Ct�Attorney Ordinance No. 4, Series of 2010 Page 5 TO: FROM: MEMO DATE: MEETING DATE: RE: MEMORANDUM Mayor Ireland and Aspen City Council Chris Bendon, Community Development Director January 19, 2010 January 25, 2010 v1 I le0op, Land Use Code Amendments — Ordinance No. 4, Series 2010. • Expiration of Development Order • Building Permits Second Reading & Public Hearing. SUMMARY: After the approval of a land use application an applicant receives a "Development Order." This is a document issued by the Community Development Department summarizing the approved "site specific development plan" and the creation of a vested property right. A notice of development approval is also published with the same information. An example of a development order is attached as Exhibit A. The period of statutory vested rights is three years. (This is a minimum timeframe established by the State.) After this period, the development order remains valid but the project is subject to changes in the Land Use Code plus the growth management allotments expire. For the applicant to avoid this potential the City's Land Use Code requires issuance of a building permit within the vesting period. The issuance requirement raises two issues: From time to time, the City's review times for building permits can be very lengthy. Depending upon the scope of the project, review times can be from a few weeks to upwards of a year. In busier times, even a simple permit can take months for issuance. 'The second issue is the practice of issuing "phased permits." Larger projects typically receive permits for early phases of a project while the later phases are still under review. For example, a project may receive an Access/Infrastructure permit to complete initial site work then they may proceed with an Excavation permit. These early phase permits enable a project to get underway while more detailed components of a project's main permit, such as a lighting plan or bathroom accessibility, are still being reviewed. Staff believes a landowner's requirement should be to submit a complete permit application within the vesting period. Unlike issuance, submission is an action entirely within the control of an applicant. This would avoid fairness issues regarding the timeliness of review and the question of which phase of a phased permit meets the vesting requirement. Staff is proposing this amendment. Staff is also proposing amendments to the Building Permit section of the code for two reasons: This section needs more definition around acceptance of a complete permit application. Staff is continuously pressured to accept partial applications, applications prior to recording the necessary plats, applications prior to resolving billing issues from a planning review, etc. While much of this can be addressed with operational policies, the code should be clearer. Second are changes to the review and issuance language. This section contains language inordinately cumbersome and inconsistent with practice. Staff is proposing language to tighten the permit acceptance protocol and to reflect the department's review and issuance practice. Attached are three versions of code text — Existing, track changes showing the amendments, and the Ordinance showing a clean version of the proposal. The Planning and Zoning Commission recommended adoption of these amendments by a 3-1 vote. Staff recommends Council adoption of the proposed code amendments. CHANGES FROM FIRST READING: Staff made two changes to the proposed text. First is additional language added to subparagraph 3 under "Compliance Review" based on comments made by the Mayor. In addition to the Development Order, this section now references all types of approval documents. Second is an additional sentence added to the end of "Expiration of Development Order" intended to clarify that the validity of a development order extends through the time in which an applicant is actively pursuing and executing their building permit. APPLICANT: City of Aspen REVIEW PROCEDURE: Text Amendment. At a duly noticed public hearing, the Commission shall recommend by Resolution the City Council to approve, approve with conditions, or deny the application. City Council is the final review authority. RECOMMENDATION: Staff recommends adoption of the proposed amendments. CITY MANAGER COMMENTS: RECOMMENDED MOTION: "I move to approve Ordinance No. 4, Series 2010." ATTACHMENTS: Exhibit A — Example Development Order Exhibit B — Existing code text Exhibit C — Track changes text Ordinance No. 4 showing proposed text. DEVELOPMENT ORDER of the 6a&;4 )4 - City of Aspen Community Development Department RikhmasA This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site -specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three (3) -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section.26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site -specific development plan as described below. Property Owner's Name, Mailing Address and telephone number: Little Star Foundation. c/o Andrea Jaeger; 256 Rancho Milagro Way; Hesperus, CO 81326. 800.543.6565. Contract Purchaser: Jewish Resource Center Chabad of Aspen. c/o Rabbi Mendel Mintz; 104 Robinson Road; Aspen, CO 81611. 970.544.0180 Legal Description and Street Address of Subject Property: Lot No. 5 Stillwater Ranch Subdivision according to the plat recorded September 26, 1997, in plat book 43 at page 69 as reception number 408852. Also known as 1490 Ute Avenue; Aspen, CO 81611. Also known as the Silver Lining Ranch. Parcel ID No. 2735-184-06-805 Written Description of the Site Specific Plan and/or Attachment Describing Plan: The Aspen City Council approved an Amendment to the Specially Planned Area approval to allow the property to be used as a Jewish Community Center with associated affordable housing, as more precisely described in Ordinance No. 8, Series of 2009, attached. Land Use Approval Received and Dates: City Council Ordinance No. 8, Series of 2009, adopted on May 11, 2009. Effective Date of Development Order: June 14, 2009. (Same as date of publication of notice of approval.) Expiration Date of Development Order: June 14, 2012. (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 44t' daypf Junk 2009, by the City of Aspen Community Development Director. Christopher Y.�3edon, AICP Community Development Director City of Aspen AFFIDAVIT OF PUBLIC NOTICE SQUIRED BY SECTION 26.3d4.07 1, ASPEN LAND USE CODE ADDRESS OF PROPERTY: 14, uL Aspen, CO STATE OF COLORADO } ss. County of Pitkin ) I, (name, please print) being or repres nting an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: L, Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signatur The foregoing "Affidavit of Notice" was acknowledged before me this /,S" day o2001, by e-c, Sc-a' C-r—SA Times Wer;kly PUBLIC NOTICE Of DEVELOPMENT APPROVAL Mice is hereby given to the general public of the proval of a site specific development plan, and 3 creation of a vested property right pursuant to 3 Land Use Code of the City of Aspen and Title Article 68, Colorado Revised Statutes, rtaining to the foilowing described proparty: Lot �. 5 Stillwater Ranch Subdivision according to the it recorded September 26, 1997, in plat book 43 page 69 as reception number 408852. Also own as 1490 Ute Avenue; Aspen, CO 81611. ;o known as the Silver Lining Ranch. Parcel ID . 2735.184-06.805. The property is owned by r Little Star Foundation. c/o Andrea Jaeger; 256 rncho Milagro Way; Hesperus, CO 81326. 0:543.6565. The contract purchaser is the wish Resource Cenler Chabad of Aspen. c/o WITNESS MY HAND AND OFFICIAL SEAL My commission expires: CC Rabbi Mendel Mintz; 104 Robinson Road; Aspen, ?44 CO 81611. 970.544.0180. The Applicant received approval from the Aspen City Council for an amendment to the Specially Notary Public Planned Area approval to allow the property to be used as a Jewish Community Center with associ. ated affordable housing, as more precisely described in Ordinance No. 8. Series of 2009. For futrther information contact Chris Bendon, at the of Aspen130 S.` Galena Aspen, Colorado (970) 920.50ment 90 .TTACHMENTS : a/ Chris Bandon City of Aspen Community Development Director Published in the Aspen Times Weekly on June 14, OF THE P UBLICATION 2009. [3563100] 000, 1. The prope owner'sXname,ngddress and telephone number. 2. Th reet address annparcel. 2Sfi J/A written descr' on of the site cific plan. 4. Identific on of the land e approvals recei d and the date of suc provals. A copy of the ordi ce(s) or resol on(s) shall be att ed. 5 he effective to of the develo ent order. 6. A not' disclosing t e applicant the e ration date of the development order and the av ' ility of a edure for seekin extension of the deyeiopment order pursuant to ction 26.3 I0(C). C. Effoectiv - ate of the develop , ent order. The effective%date of a development order' ding one which a orizes allotments er the Growth Manage , t Quota System pursuan apter 26.470, shal the date of public n of the notice of the roval of the site specific development plan as set f at Section 26.30 70(A). 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 anniversary of the effective date of the development order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption or extension of the approval is granted by the City Council pursuant to Section 26.308. E. Revocation of elopment order. approval of subsequent issu of a developmen er. may be made w' abide by the t s of any of the c iions of approval re order and associated vest property rights in rdance i� F. Abandonment of application. If pplicant fails to velopment ply n a timely fashi after filing an applip g specific development plan and without condjj iAs. Failure to fully cult in the revosAtion of the development with Sectipte-26.308.010(E). ie the approval of a site ecific on for same, the applica ' n shall be 'considered abAdoned. For pu es of this subsectionjsiffture to pursue the approval a site specific development plan in a timed ashion shall mean a f ' re on the part of the applic to take any action with Community D .�ellopment Department " urtherance of the applicatio or a period of at least of year. An aban ed application shall re r all previously issued land e approvals which do not constitute the roval of a site specific elopment plan void unless09Community Develo t Director d ines that reinstatement of the application is in the best interests of the City. (O o. 5- 2000 § City of Aspen Land Use Code. August, 2007 Part 300, Page 14 El 26.304.075 Building Permit. A. Application. 1. Recordation. 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 recorded in the Pitkin 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. 2. Contents. An application for a building permit shall be submitted to the Chief Building Official on a form prescribed by the Community Development Director. Attached to the application shall be a copy of the development order (if applicable), an improvements survey performed within one (1) year of the date of application which the applicant shall certify represents current site conditions, and a topographic survey for the property certified by a registered land surveyor. The improvements survey shall include a site plan which conforms to the requirements set forth at Section 13.20.020(b)(2) for a tree removal permit. B. Processing. Upon receipt of a completed application, the Chief Building Official shall timely refer copies of same to the Community Development Department and such other appropriate City staff and/or departments and outside agencies for review and comments. 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 zoning requirements; 3. Requires, or has satisfied, environmental and utility permitting, including, but not limited to, water, sewerage, and tree removal; 4. Satisfies all conditions of approval as set forth in the development order. C. Certificate of development approval compliance. Upon the return and review of all referral comments to the Chief Building Official, the building permit application and all supporting documents shall be forwarded to the Community Development Director who shall determine whether the application and proposed development complies with the commitments, representations and conditions of any development approvals and/or order for the development, and with all other applicable requirements of this Title. If the Community Development Director determines that the application is not complete, does not comply with the requirements of this Title, or does not comply with the development approval(s) or order for the development, 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 and when the applicant cures all deficiencies, the City of Aspen Land Use Code. August, 2007. Part 300, Page 15 Community Development Director shall again determine compliance of the application and proposed development with all applicable regulations and with any development approval(s) and/or order for the development. If the Community Development Director finds compliance, then a certificate of development approval compliance shall issue, which certificate shall become part of the building permit application and be attached thereto. D. Issuance of Building Permit. Upon the receipt by the Chief Building Official of a certificate of development approval compliance, the Chief Building Official's determination that all application information is complete and satisfactory, and all outstanding fees are paid, a building permit shall issue. City of Aspen Land Use Code. August, 2007 Part 300, Page 16 - Formatted: Top: 0.7", Bottom: D. Expiration of development order. The development order shall not expire but 0 7" 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 i Chapter 26.470, shall expire on the day after the third (3`d) anniversary of the f effective date of the development order, unless a complete building permit application submittal is 4ccel2ted by the Chief Building Official pursuant to ----- Deleted: approved 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 buildingpermit 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 iqc� Building Official, regarding the timely pursuit and execution of a building permit. Sec. 26.304.075. Building permit. A. Application. 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. contents. An_a-pplication for a building permit shall be submitted to the C�ieft:._;_ Deleted: z ------------------ ----- Officials The application shall include scaled plans, drawings, ------------ ' -. Formatted: Bullets and Numbering depictions, studies, and reports sufficient to demonstrate compliance with 'i: Dew: c applicable codes and regulations of the City of Aspen, codes and regulations of ;' Deleted: b outside agencies with jurisdiction, and the allowances and limitations of the Deleted: ° Development Order. The application shall be submitted in a form and manner as prescribed by the Community Development Director, as may be amended from Deleted: on a fain prescribed by the Community Development Director. 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)—pd an improvements survey Jneetin the --------- -y g -... Deleted:. standards and requirements of the City Engineer what has been prepared and Deleted: performed within one ( 1) year certified by a registered land surveyor. The improvements survey shall include a of the date of application which the site plan which conforms to the requirements set forth at Subsection 13.20.020(b) applicant shall certify represents current site conditions and a topographic survey (2) for a tree removal permit. f°`the property 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 Issuane . Upon receipt of a completed application, the Chief Building Official shall timely refer copies of same to the Community Development d such City aff ents and outside ies for comp) ance reviews The applic tion shallabe evaluated to determine whether cthe proposed development: 1. Complies with the International Building Code, the International Residential Code, and othe;construction codes as applicable; •. - - - - - - -- - ----- -- 1 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 arg nted by the City, and all 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. f jhe a lication_,does_ not comply_with the above enumerated requirements, written-1F 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 o all deficiencies, the Chief .Building Official shall again review the) application for compliance, which may again include referringthe he application to appropriate City or outside agencies. If the application does comply with the above enumerated requirements, a buildin 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. Deleted: Processing Deleted: Department Deleted: and comments Deleted: applicable Deleted: ¶ <#>Complies with zoning requirements;¶ Deleted: Requires or has satisfied, environmental and utility permitting, including, but not limited to, water, sewerage and tree removal; Formatted: Bullets and Numbering Deleted: 4 Deleted: Satisfies all conditions of approval as set forth in the development order. Deleted: Certificateofdevelopment approval compliance. Upon the return and review of all referral comments to the chief building official, the building permit application and all supporting documents shall be forwarded to the Community Development Director who shall determine whether the application and proposed development complies with the commitments, representations and conditions of any development approvals and/or order for the development and with all other applicable requirements of this Title. Formatted: Bullets and Numbering Deleted: the Community Development Director determines that Deleted: is not complete, Deleted: requirements ofthis Title or does not comply with the development approval(s) or order for the development, Deleted: If and when the applicant Deleted: s Deleted: Community Development Director Deleted: determine compliance of the application and proposed development with all applicable regulations and with any development approval(s) and/or order for the development. If the Community Development Director finds compliance, then a certificate of development approval compliance shall issue, which certificate shall become part of the building permit application and be attached thereto. Deleted: <#Assuance of building permit Upon the receipt by the chief building official of a certificate of development approval compliance, the Chief Building Official's determination that all application information is complete and satisfactory and all outstanding fees are paid, a building permit shall issue. (Ord. No. 12, 2007, §12)9 Ordinance 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 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 hearing 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 standards 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 26.304.070.1) — 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 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. 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. 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 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 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 11 m day of January, 2010. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this day of , 2010. Attest: Kathryn S. Koch, City Clerk Approved as to form: City Attorney Ordinance No. 4, Series of 2010 Page 5 Michael C. Ireland, Mayor MEMORANDUM V1 I� TO: Mayor Ireland and Aspen City Council FROM: Chris Bendon, Community Development Director MEMO DATE: January 4, 2010 MEETING DATE: January 11, 2010 RE: Land Use Code Amendments • Expiration of Development Order • Building Per its Ordinance No. It , Series 2010. First Reading. Second Reading scheduled for January 25, 2010. SUMMARY: After the approval of a land use application an applicant receives a "Development Order." This is a document issued by the Community Development Department summarizing the approved "site specific development plan" and the creation of a vested property right. A notice of development approval is also published with the same information. An example of a development order is attached as Exhibit A. The period of statutory vested rights is three years. (This is a minimum timeframe established by the State.) After this period, the development order remains valid but the project is subject to changes in the Land Use Code plus the growth management allotments expire. For the applicant to avoid this potential the City's Land Use Code requires issuance of a building permit within the vesting period. The issuance requirement raises two issues: From time to time, the City's review times for building permits can be very lengthy. Depending upon the scope of the project, review times can be from a few weeks to upwards of a year. In busier times, even a simple permit can take months for issuance. The second issue is the practice of issuing "phased permits." Larger projects typically receive permits for early phases of a project while the later phases are still under review. For example, a project may receive an Access/Infrastructure permit to complete initial site work then they may proceed with an Excavation permit. These early phase permits enable a project to get underway while more detailed components of a project's main permit, such as a lighting plan or bathroom accessibility, are still being reviewed. Staff believes a landowner's requirement should be to submit a complete permit application within the vesting period. Unlike issuance, submission is an action entirely within the control of an applicant. This would avoid fairness issues regarding the timeliness of review and the question of which phase of a phased permit meets the vesting requirement. Staff is proposing this amendment. Staff is also proposing amendments to the Building Permit section of the code for two reasons: This section needs more definition around acceptance of a complete permit application. Staff is continuously pressured to accept partial applications, applications prior to recording the necessary plats, applications prior to resolving billing issues from a planning review, etc. While much of this can be addressed with operational policies, the code should be clearer. Second are changes to the review and issuance language. This section contains language inordinately cumbersome and inconsistent with practice. Staff is proposing language to tighten the permit acceptance protocol and to reflect the department's review and issuance practice. Attached are three versions of code text — Existing, track changes showing the amendments, and the Ordinance showing a clean version of the proposal. The Planning and Zoning Commission recommended adoption of these amendments by a 3-1 vote. Staff recommends Council adoption of the proposed code amendments. APPLICANT: City of Aspen REVIEW PROCEDURE: Text Amendment. At a duly noticed public hearing, the Commission shall recommend by Resolution the City Council to approve, approve with conditions, or deny the application. City Council is the final review authority. RECOMMENDATION: Staff recommends adoption of the proposed amendments. CITY MANAGER COMMENTS: RECOMMENDED MOTION: " I move to approve Ordinance No. T Series 2010, upon first reading. - ATTACHMENTS: Exhibit A — Example Development Order Exhibit B — Existing code text Exhibit C — Track changes text Ordinance showing proposed text. • Formatted: Top: 0.8", Bottom: D. Expiration of development order. The development order shall not expire but 0.8" 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 (3rd) anniversary of the effective date of the development order, unless a complete building permit application submittal is .4ccepted by the Chief Building Official pursuant to FDele_ted:approved 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. Sec. 26.304.075. Building permit. A. Application. 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. "Contents. An application for a building permit shall be submitted to the Deleted: 2. .pilding 9fficiaL The_ application shall include scaled plans, drawings, Formatted: Bullets and Numbering depictions, studies, and reports sufficient to demonstrate compliance with �`;; Dew: e applicable codes and regulations of the City of Aspen, codes and regulations of Deleted, b outside agencies with jurisdiction, and the allowances and limitations of the Deleted: o Development Order. The application shall be submitted in a form and manner as Deleted: on a form prescribed by the prescribed by the Community Development Director, as may be amended from Community Development Director. 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 Deleted: - - ----- standards and requirements of the City Engineer what has been prepared and Lf.r ed: performed within one (1) year certified by a registered land surveyor. The improvements survey shall include a date of application which the nt shall certify represents current site plan which conforms to the requirements set forth at Subsection 13.20.020(b) nditions and a topographic survey Paragraph (2) for a tree removal permit. property 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 Deleted: Processing applicant along with all review fees. Partial or incomplete applications shall not Deleted: Depaoncnt be accepted. Acceptance of a complete application shall not imply compliance or andnn,t Deleted: and eoitents prohibit the Chief Building Official from requesting additional information or � Deleted:I amendments to the plans in order to determine or achieve compliance. < d>Complies with inning requirements;¶-- Deleted: Requires or has satisfied, environmental and utility permitting, including, but not limited to, water, sewerage and tree removal: B. Compliance Review and Issuance. Upon receipt of a completed application, the ; ;' •'I, Chief Building Official shall timely refer copies of same to the Community Development Formatted: st,iiea and Numbering irector and such other appropriate City staff and/or departments and outside agencies .;'; ; • Deleted` - - -------- - for compliance review, The application shall be evaluated to determine whether the Deleted sa".r'e, all e°mti"°"' of proposed development: , approval as set forth in the dc%eiopmem order. Deleted: Certificate of development 1. Complies with the International Building Code and other applicable construction !; approval compliance. Upon the return codes; and review of all referral comments to the chief building official, the building permit application and all supporting ' 2. ,�omp_l --- with the adopted requirements, specifications, and regulations of the*' ;' j documents shall be forwarded to the Community Development Director who City of Aspen and outside agencies with jurisdiction; shall determine whether the application and proposed development complies with the commitments, representations and 3 Complies with zoningrequirements and the allowances and limitations Of the �' conditions ofany development approvals ' Development Order and conditions thereon. and/or order for the development and with all other applicable requirements of this Title. 4. Is subject to review, impact, cash -in -lieu, dedication, permitting or other similar Formatted: Bullets and Numbering development fees or taxes. The Chief Building Official shall provide to the applicant - , Deleted: the Community Development a summary of such fees to be collected by the City upon issuance of the building ;' ,';' Director determines that permit, or phases thereof. ; ,- ,. • Deleted: is not complete, - -- ... -- --- - ---------- - - ----- Deleted. requirements ofthis Title or f e a lication does not com 1 with the bove enumerated re uirements written~,,' pp p-y q ' does no t comply with the development ---------�---------- - --- ------ --- _ _ _ - -� _ - _ - _ _ _ _ _ _ _ _ � notice shall be timely provided to the applicant specifying the deficiencies. No further approval(s) or order for the development, Deleted:Ifandwhen the applicant 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 ' " Dew: s timeframe, as determined b the Chief Building Official, the a lication shall be denied. y � Deleted: Community Development Director •Upon cure" all deficiencies, the Chief Building Official shall_ again review the .' -------------- Dew; determine compliance of the application for compliance, which may again include referring the application to application and proposed development appropriate City or outside agencies. with all applicable regulations and with •---------------- ------------- ---- ------------ --- — any development approval(s) and/or order for the development. If the Community If the application does comply with the above enumerated requirements, a building Development Director finds compliance, permit shall issue upon payment of all applicable City fees and other fees collected by the then a certificate of development approval compliance shall issue, which City on behalf of outside agencies. The Chief Building Official may choose to issue certificate shall become part ofthe permits for portions or phases of a project in compliance with the allowances and building permit application and be attached thereto. limitations of the International Building Code and the policies of the Community Deleted: <q>lssuanceofbuilding Development Department. permit. Upon the receipt by the chief building official of a certificate of development approval compliance, the Chief Building Official's determination •_. .----------------------------------------------------- ------- ---------------------- --- that all application information is complete and satisfactory and all outstanding fees are paid, a building permit shall issue. (Ord. No. 12, 2007, §12)I Ordinance 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 26.304.070.13 — 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 hearing 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 standards 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. _, 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 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• 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. Recordation and fees. Prior to the submission of an application for a buiiding 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 Ordinance No. _, Series of 2010 Page 2 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 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 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 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 are remedied by the Ordinance No. _, Series of 2010 Page 3 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. , 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 11 th day of January, 2010. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this _day of 92010. Attest: Kathryn S. Koch, City Clerk Approved as to form: City Attorney Ordinance No. _, Series of 2010 Page 5 Michael C. Ireland, Mayor 6 z (v AV-4 4 4 _' tp*A* a Jd* - AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: W/fi SCHEDULED PUBLIC HEARING DATE: r STATE OF COLORADO ) ss. County of Pitkin ) Aspen, CO I, , y 'Iof A GC cw--e_,1 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) oftheAspen Land Use Code in the following manner: V' Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me this l ! day o ,fan 20f , by 5 0 (m. Sc o✓e'`7 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 0�5-110 l ZC)I b d��u 442-- Notary Publi 0 • ;c� LAURA MEYER ATTACHMENTS AS APPLICABLE: �''•.. ' ' • COPY OF THE PUBLICATION OF Ca • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) Commissu+n Expires 08�1012010 • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOICED B Y MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 PUBLIC NOTICF RE.AMENDMENTS TO THE CITY OF ASPEN LAND USE CODE SECTIONS 26.304.070.D AND 26.304.075 REGARDING EXPIRATION OF DE- VELOPMENT ORDERS AND THE PROCESSING AND ISSUANCE OF BUILDING PERMITS. NOTICE IS HEREBY GIVEN that a public hearing will be held on Mond ayy January 25, 2010, at a meetingp to begin at 5:00 p.m. before the City of Aspen Cittyy Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider Community Development Department initiated amendments to tof he City's an Use Code related to the expiration sue ce develop ir°rders and the uuggprocessing and is - Sections 26.304.1)70 an se amendments to Use Code. For further information0, confect Chris Oft a and Bandon et the City of Aspen Community Develop_ ment Department, 130 SGalena S, O, Aspen, C (970) 429.2765, chris.bendon®o. i tII;n. an S. s/Michael C. Ireland, Mayor City of Aspen Published in the Aspen Times Weekly on January 10, 2010 145008471