HomeMy WebLinkAboutresolution.council.020-18 RESOLUTION NO. 20
SERIES OF 2018
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL ADOPTING
POLICIES IN SUPPORT OF AMENDMENTS TO THE LAND USE CODE
WHEREAS, pursuant to Section 26.310.020(A), a Policy Resolution is required
to initiate the process of amending the City of Aspen Land Use Code; and,
WHEREAS, pursuant to Section 26.310.020(A), the Community Development
Department received direction from City Council to explore amendments to the City's
miscellaneous supplemental regulations; and,
WHEREAS,pursuant to Section 26.310.020(B)(1),the Community Development
Department conducted Public Outreach with members of the public, local architects,
designers, and planners; and,
WHEREAS, the Community Development Director recommended changes to the
Miscellaneous Regulations, Definition, Parking and Mobility, Growth Management,
Nonconformities, ADUs/Carriage Houses, Variances, Zone Districts, View Planes, and
Signs sections of the Land Use Code; and,
WHEREAS, City Council has reviewed the proposed code amendment policy
direction,and finds it meets the criteria outlined in Section 26.310.040; and,
WHEREAS, amending the Land Use Code as described below will ensure the
ongoing effectiveness and viability of the regulations within the City of Aspen Land Use
Code to achieve City Council's policy and regulatory goals; and,
WHEREAS, City Council has reviewed the proposed code amendment policy
direction,and finds it meets the criteria outlined in Section 26.310.040; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public
hearing on February 26, 2018 the City Council approved Resolution No. 20, Series of
2018,by a_to_vote,requesting code amendments to the Land Use Code; and,
WHEREAS, this Resolution does not amend the Land Use Code, but provides
direction to staff for amending the Land Use Code; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1: Overall Code Amendment Objectives
Resolution No.20, Series 2018
Miscellaneous Regulations Amendment
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The objectives of these code amendments are to:
1. Simplify and update the calculations and measures standards in the Miscellaneous
Regulations section of the Land Use Code;
2. Improve the administration and interpretation of the Miscellaneous Regulations
section of the Land Use Code;
3. Maintain to the extent possible current development rights and regulations provided
by the Land Use Code;
4. Ensure the Parking and Mobility regulations in the Land Use Code deliver the policy
objectives identified by Council during the 2016-2017 AACP-LUC coordination
process;
5. Provide enhanced aesthetic standards for temporary food vending uses;
6. Ensure that the Land Use Code provides adequate time and a fair process for
property owners whose non-conforming properties are destroyed by fire or other
non-purposeful acts to repair their property;
7. Provide clear direction to duplex properties as to the affordable housing mitigation
requirements for the removal of an ADU that was developed as mitigation;
8. Ensure adequate time from the issuance of a variance for properties to obtain a
building permit;
9. Update the view plane legal descriptions to current survey standards;
10. Allow for historic engraved signs to remain and be maintained without allowing
non-historic properties to develop engraved signs without a permit;
11. Eliminate typos and errors from the Zone Districts regulations in Part 700 of the
Land Use Code.
Section 2: Miscellaneous Regulations Code Amendment Goals by Touie
The goals of the Miscellaneous Regulations code amendments related to "Exterior Features
Calculations"are to:
1. Maintain the current gross square footage allowed in the Land Use Code for
residential and commercial development;
2. Simplify the distinction between those development features that contribute to the
calculations floor area and those that do not;
3. Clarify and simplify the methodology for the calculation of floor area relative to
exterior features;
4. Clarify or eliminate terminology to improve comprehension of code language by
staff and the public.
The goals of the Miscellaneous Regulations code amendments related to "Grade and
Height"are to:
1. Maintain current development rights and restrictions, particularly regarding net lot
area and maximum building height;
2. Simplify the definition and methodology for the determination of grade on
development sites;
3. Limit excessive grading of development sites to preserve topography and limit
environmental and development impacts;
4. Clearly define and reduce the allowed exceptions to height and grade to improve
code interpretation and ensure appropriately scaled buildings and sites.
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Miscellaneous Regulations Amendment
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The goals of the Miscellaneous Regulations code amendments related to "Yards and
Setbacks"are to:
1. Maintain current development rights and restrictions, particularly regarding the
visual and aural impacts of at-grade features within setback areas;
2. Maintain current setback distances for all zone districts;
3. Clarify distinction between setback areas and yard areas;
4. Simplify the description of features permitted in yard and setback areas, while
limiting the impacts of those features on adjacent properties.
The goals of the Miscellaneous Regulations code amendments related to "Demolition" are
to:
1. Maintain the current proportion of deconstruction which constitutes demolition;
2. Simplify the methodology for calculating which activities and structural elements
are included in the definition of demolition;
3. Improve and simplify the system for tracking demolition of properties over time to
control the progressive demolition of structures.
Section 3: Parkine and Mobility Code Amendment
The goals of the Parking and Mobility code amendments are to:
1. Coordinate the standards for lodge and multi-family zone districts with commercial
districts amended during the AACP-LUC coordination process;
2. Ensure appropriate parking and mobility access for multi-family residential
development inside and outside of the Infill Area;
3. Ensure appropriate parking and mobility access for lodge development within the
Infill Area;
4. Improve the clarity of the language, terminology, and standards in the Parking
Mobility section of the Land Use Code.
Section 4: Growth Management Amendment
The goals of the Growth Management code amendments are to:
1. Improve the aesthetic standards for temporary food vending operations;
2. Coordinate the sign allowance for temporary food vending operations with the
requirements for other commercial operations.
Section 5: Nonconformities Code Amendment
The goals of the Nonconformities code amendments are to:
1. Provide owners of destroyed properties sufficient time to submit building and land
use permitting materials before the expiration of their nonconformity replacement
rights;
2. Clarify that the requirement for the retention of a nonconforming use or structure is
the submission of building and land use permitting materials, not the issuance of
those permits.
Section 6: Duplex ADU Mitiiation Code Amendment
The goals of the Duplex ADU Mitigation code amendments are to:
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Miscellaneous Regulations Amendment
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1. Ensure duplexes removing ADUs mitigate fully for the loss of affordable housing;
2. Create parity in the Land Use Code between single-family and duplex properties
seeking to remove an ADU.
Section 7: Variances Code Amendment
The goals of the Variances code amendments are to:
1. Provide recipients of variances from land use standards adequate time to prepare and
submit permitting documents;
2. Align the timeframe provided for variances to land use standards and the timeframe
required to submit for a building permit.
Section 8: View Planes Amendment
The goal of the View Planes code amendments is to:
1. Ensure the accuracy of the legal view plane descriptions.
Section 9: Signs Amendment
The goals of the Signs code amendments are to:
1. Comply with the requirements of the Reed Supreme Court decision;
2. Align the standards in the sign code with Council's goal of maintaining the status
quo with respect to business signage;
3. Provide existing engraved signs a means to be maintained without becoming
nonconforming.
Section 10: Zone Districts Code Amendment
The goals of the Zone Districts code amendments are to:
1. Clarify language and standards by eliminating errors and ensuring accurate cross-
references;
2. Coordinate the regulations and methodologies in Part 500 with the standards in Part
700 of the Land Use Code.
Section 11
This resolution 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 resolutions or ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior resolutions or ordinances.
Section 12:
If any section, subsection, sentence, clause, phrase, or portion of this resolution 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.
FINALLY,adopted this 26`x'day of February, 2018.
Resolution No.20, Series 2018
Miscellaneous Regulations Amendment
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Steven Skadron,Mayor
TEST: APPROVED AS TO FORM:
Linda Manning,City Cle •k aures R True,-
City Attorney
Resolution No.20,Series 2018
Miscellaneous Regulations Amendment
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