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HomeMy WebLinkAboutcoa.lu.ca.0022.2010.ASLUo ,~ -Zoco-~4SLU ~c~cZ ~'N - I VO ~~~4 $ D {'~fS . ~~" A o ff,,. ~ 5\~~,0 . ,. 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 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 Conununity Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfaze. 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 ~~ 4 ..1 w Section I• 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 Secton 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 Intemational 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. T 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 fmal 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 u._., h 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) Pazagraph (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 °~ ~. s' 4. Is subject to review, impact, cash-in-lieu, dedication, permitting or other similaz 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 sepazate, 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 of~'ice 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 fmal 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: /~/1 ~~ ~ Kathryn S ~ och, City Cler1 Michael C. re and, Mayor FINALLY, adopted, passed and approved this~ay ofiJ 10. _Q=IBC,?-0 Attest: ,~/~ Kathryn~j~ Koch, City Cle"rlt Approved as to form: ~ __._. ~`Z`i Attorney Ordinance No. 4, Series of 2010 Page 5 ~~ ~ MEMORANDUM TO: Mayor Ireland and Aspen City Council ~~/~/~ FROM: Chris Bendon, Community Development Duector rte'" I MEMO DATE: January 19, 2010 ` MEETING DATE: January 25, 2010 RE: 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 summazizing 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 upwazds of a yeaz. 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, aze 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. R~~, `~, -s 4 Staff is also proposing amendments to the Building Permit section of the code for two reasons: This section needs more defmition azound 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. t DEVELOPMENT ORDER ~~~~''~~~ of the Cit of As en ,,,,,,,,~..1 Community D velopment Department ~ ~c 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 asite-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 Section26304.075, 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. 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 Subiect 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 Describine 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 ~14~' dayPf Jui~ 2009, by the CiTy of Aspen Community Development Director. Christopher ~.rBengon, AICP Community Development Director City of Aspen f A~~II~avI~ a~~ puss Ic No~~c~ ~f~EiII~EI3 BY SECiIOPd 26.304.07®, zSFEN LAl~I- USA CODE AI~I~I~ss O;i ~I~O~EI~T~: l/~90 llL ~~ ASr~ea, co sTA~r~ ®~ COI.ORAI90 ) ) ~~. cQU~nry m~l?Btl~n ) I ,t ^ ~ ~ ~e~y~(.Q~/J (name, please print) being or repres rating ui Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26304.060 (E) or Section 2630/6.010 (E) of the Aspen Land Use Code in the following mamier: (/ 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 attacked 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. -.,~~y~ Signatur The foregoing "Affidavit of Notice" was acknowledged bef~o~rGmoe~l~ /,S day of 1 GtnlE , 200`r , by e- WITNESS MY HAND AND OFFICIAL SEAL Rabbi Mendel Mintz; 104 Robinson Roatl; Aspen, CO 81611.9]0.544.0160. The Applicant receivetl approval from the Aspan City Council for an amentlmem to [he Specially Plannetl Area approval to allow the property to be used as a Jewish Cammvniiy Center with associ- atetl af(ortlable housing, as more precisely tlescribed in OMinance No. 8, Series of 2009. For further information contact Chris Sendon, at the City of Aspen Community Development Dapt. 130 5 Galena St, Aspan, Cobratlo (9]0) 920.5090. y Chris Bendon City of Aspen Community Development Director Published in the Aspen Times Weekly on June 14, 2009. X3663100) My commission expires: e~ 4f q Noublic ~- THE P UBLICATION yen Times Weakly ,i u 1. The prope owner's name, ng address and telephone number. '~ y 2. Th reet address and bal description o,.f~tkie parcel. 2~tsfi~ T~ 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 t~ ordi ce(s) or resol on(s) shall be att ed. ,~ i-` l /i 5 he effective to of the develo ent order. ~. ' ~- 6. A not" disclosing t e applicant the e 1"ration date of the development order and the av ' ~ ility of a edure for seekin extension of the d~~!eTopment order pursuant to ~.. ction 26.3 10(C). ~~` ;... .,: C. Effectiv, - ate of the develop. ent order. The effective;~ate of a development order ' ding one which a orizes allotments er the Growth Manage~r~t Quota System pursuan aper 26.470, shal ° the date of public ~ n of the notice of the royal 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 a s' specific development plan and subsequent issu of a developmen er may be made ' , r without condi ' s. Failure to fully abide by the t ~ s of any of the c Ytions of approval result in the revo~ on of the development order and "associated ves~~property rights in rdance with Secrio~26.308.010(E). ~ F. iAbandonmen~t ~f application. If pppicant fails to pue the approval of a site ecific City of Aspen Land Use Code. August, 2007 Part 300, Page 14 veloprnent pl m a timely fashi ~ after filing an appli,~rtfion for same, the applica ' n shall be considered a, ridoned. For pu~ es of this subsection, _ `~ure to pursue the approval a site specific .. develop J nt plan in a time~~~ashion shall mean a f ' re on the part of the applic to take any action with Community D elopment Department ~ ~rtherance of the applicatio or a period of at least o~rar. An aban ed application shall re r all previously issued land e approvals which do not constitute the royal of a site specific elopment plan void unless Community Develo t Director d '~ fines that reinstatement of the application is in the best interests of the City. (O o. 5- 2000 § 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. 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 Buildin; 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: ~ 0.7" 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 complete building permit D letedc apprn -ea application submittal is accepted by the Chief Buildin>; 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 colnplete~~~r;~~,~L //•-• building permit application submittal has been accepted, the development order (1 ~V( shall remain valid subject to a hcable hmrtahons of the International Buildm ~~ Code, the International Residential Code and adopted policies of the Chief Sec. 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 Ciri' 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 .. _-. _ ~~._a ,.~o ,.,,,,,,>„ hall hP Wald In hell. t3UllUln Vutwa, ~,~u„ documents and a cements have not been recorded or land use review fees have not been paid. .. . __ ..__,:,.,..:,,., f..r ~ i,~t;trl;nn Hermit shall be submitted to the Chief-_ - ~i~° z, Bullets Deleted: c D-eleted: b ',~~1 Oereted: o -- Deleted: on a form prescribed by the ~.,.,,...,,..a> n~.elnnment Director. rerview fees some or all of which may not be refundable upon denial or withdrawal of the application. Attached to the applicatron shall be a copy of the ~ -.~ development order (if applicable) and n improvements survey ~neetinf; the _ i. Deretea'_ standards and requirements of the City Engineer what has been prepared and ~~~ z o pPlneatinntwnicn the) veer y applicant shall certify mpresents current certified by a registered land surveyor. The improvements surve shall include a site plan which conforms to the requirements set forth at Subsection 13.20.020(b) ~;te conait;ons and a topographic survey for the property j Paragraph (2) for a tree removal permit. Deleted: Department Deleted: and comments or or the Deleted: ¶ <k>Complies with inning requiremer Deleted: Requires or has satisfied. environmental and utility permitting. including, but not limited to. water. ~1 VI1JVrt urn. ~ --»••---- an,endn,t_nts to the plans in order to determine or achieve compliance. B. such other refer copies of same to the Community . l~:+.. ~+~ff and/nr rtenartments and ou~ proposed development: 1. Complies with the International Building Code the International Residential Code, and othe>rconstruction codes as applicable; _.__ -___.- -__.. aesu nmarv of such fees,to rbe collected by the City upon issuance of the building permit or phases thereof. ~f $he 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 a lication for coin liance which ma a aln Inc u ._ _ - ... anoropriate Cit~or outside al?encies. -- - - -' if the application does comply with the above enumerated requirements a building permit shall issue upon payment of all appllcable Clty fees and other fees collected by the .. ...._ _ nt.,.F n.,.l.t,n.. (lffir•tal may choose to issue Development Department. f -....-- Jfaeleted: a ~ Deleted: Satisfies all conditions of approval as set forth in the development order. Deleted: Certiricatc of development approval compliance. L)pon the return and review of all referral comments to the chief building official, the building permit application and all supporting documents shall be tbrwarded 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 of this Title or ,~ does not comply with the development 1 ~.alrct nr order for the development, Deleted: lt'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 approvalfsl and/or order for the development. If the Community Development Director finds compliance, then a certificate of development approval compliance shall issue. which ~..rr:firare :hall become part of the Deleted: ~-4'- Issuance of building permit. l'pon 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 wmpleu and satistiactory and all outstanding fees are paid, a building permit shall issue. (Ord. No. 12.2007, y'12)¶ T entitlements ;~l'anted by the City ana au conmuuns tt,~t~.,t.. ,.,, 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 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 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 ,,.. 4„, ~~ 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 standazds and requirements of the City Engineer what 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 heazing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Sectiou 7• This ordinance shall become effective thirty (30) days following final adoption. [signatures on following page] Ordinance No. 4, Series of 2010 Page 4 r°^ ... INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 11 `~' 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 Michael C. Ireland, Mayor Ordinance No. 4, Series of 2010 Page 5 ,. To: FROM: MEMO DATE: MEETING DATE: MEMORANDUM Mayor Ireland and Aspen City Council ' Vlld Chris Bendon, Community Development Director ri%~jf~,~ January 4, 2010 January 11, 2010 RE~ Land Use Code Amendments • Expiration of Development Order • Building Per its Ordinance No. ~, 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 upwazds of a yeaz. 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 aze 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 eazly 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, aze 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 azound 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 cleazer. Second aze 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 aze 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. ,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. C.~.t~~ 108" D. Expiration of development order. The development order shall not expire but shall be subject to any a-nendments 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 re~ann ~ epsarsu of the Cha ter ~6 470 shall expire on the day after the third (3 ) rY Top: 0.8", Bottom: P effective date of the development order, unless a comglete bwldmg permit _ application submittal is acceptF,_ ed_ by the Chief Building Official pursuant to I Deiecea: aPpr°ved Section 26.304.075 below or unless an exemption or extens-on of the approval is granted by the City Council pursuant to Section 26.308. Sec. 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 a n`anplt chalol heona-d mlaull. Unless otnerwtse ae~eru,tttcu ~ «~~ ~~••••••-~--- - Buildin Official shall not acce t buildin ermit a lications for which all documents and a eements have not been recorded or land use review fees have not been nail. to the application shall be a copy of the _,- - development order (if standards ana re uuctrcrr~ ~~ •~~~ --• --- 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. Com letion Review and Acce tance. The Chief Buildin Official shall review the contents of the building permit application for completion in a timely manner. A lications found com lete shall be reviewed for com Rance with a hcable Deleted: 2. . Formatted: Bullets and Numbering Deleted: c Deleted: b Deleted: o Deleted: on a form prescribed by the Deleted:. Deleted: performed within one (I 1 Year of the date of applica[ion which the applicant shall certify represents current site conditions and a topographic stu'vey for the Vroperty v codes and re lations of the Ci of As en codes and re ulations of outside a encies that have 'urisdiction and the allowances and limitations of the _ ~-_.._.a ;..,..,,,,,,late shall he returned to the B. Com liance Kevle' Chief Building Official irector and such othe I for compliance review, proposed development: same to and Deleted: Depamnent Deleted: and comments Deleted: ¶ lee. Deleted: Requires or has satisfied, environmental and utility permitting, including, but not limited to, water, sewerage and tree removal; application, the :: ~_= ;Formatted: Bullets and Numbering ty Development ;' ~~~: a tutside agencies r ~ ~ _- ine whether the ~~~' Satisfies all conditions of - - - - - - ~ approval as set forth in the development ,order, ___ -__ Deleted: Certificate of development approval compliance. Upon the retttm and review of all referral cormments to the chief building otTicial, the building permit application and all supporting documents shall be forwarded to the Community Development Director who shall detern»ne whether the application and pro{cased development complies with the commitments, representations and im it_ations of the 1 conditions of any development approvals ---- ------ and'ororderforthedevelopmemand with all other applicable requirements of this Title. 4 Is subject to review impact cash-in-lieu dedication, permitting or other similar _. .,, r n--.t.J...... r1FF:r.,o1 than nrnvt[le tD the appllcant permit or phases thereof. ~ __-•__- Formatted: Bullets and Numbering ,, pe~: the Community Development l ~ pirector determines that ', Deleted: is not complete. -~'%''~ ` Deleted. requirementsoflhisTitleor }','; . does not comply with the development if the application does not comply with the~ove enumcrateo retaulrement~, w~ rus.u 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. [f the a licant does not address the detciencies within a reasonable ,_f_c r,..a,J :..., nF+;~ial fhP application shall be denied. all DeveloRment Department. Deleted: !f and when the applicant Deleted: s Deleted: Community Development Deleted: determine compliance of the application and proposed development with all applicable regulations and with any development approvals} and/or order for the development. [f the Community Development Director finds compliance, then a cenificate of development approval compliance shall issue, which certificate shall become pan of the building permit application and be attached thereto. Deleted: •-is=^tssuance of building permit. l'pon the receipt by the chief building official of a cenificate 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. 20D7. 1. Complies with the International Building Code and other applicab-e construction ;;~ annrODflate C1tY Oi Olltslde a~enCleS. ~ - ----------••-•__________________ r~. ~.~,. ~.. Ordinance No. (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 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 welfaze. 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 standazds and requirements of the City Engineer what 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) Pazagraph (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 similaz 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 refemng 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 I ls' 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 Michael C. Ireland, Mayor Approved as to form: City Attorney Ordinance No. _, Series of 2010 Page 5 .~ ~/ r~~ AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO SCHEDULED PUBLIC HEARING DATE: - ZO/Q ./__.J .. , 1 9 c'!~ C. nn on STATE OF COLORADO ) ss. County of Pitkin ) I ,/_„ ~ ~~ ~C O/~~ (name, please print) being or representing an Applicant to the Crty of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of/the Aspen Land Use Code in the following manner: (/ 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 heazing. 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 y height. Said notice was posted at least fifteen (IS) 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 heazing. 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 heazing 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 aze subject to this notice requirement. Rezoning or text amendment. Vl'henever 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. s~~--~-7 Signature The foregoing "Affidavit of Notice" was acknowledged before me this / / day o~- , zoi~, by ~S..,Cn s~~-j on ~apuaN WITNESS MY HAND AND OFFICIAL SEAL M~y°c~om~mission expires: (~~~ (C7 ~ I p U a r lX ~.P Notazy Publi ~TACHMENTS AS APPLICABLE: :LIGATION LAURA MEYER ' THE POSTED NOTICE (SIGN) ~y ~` ~WNERSAND GOI~ERNMENTAL AGENCIES NOTICED o Od~10R010 .n[L APPLICANT CERTIFICATION OFMINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3