HomeMy WebLinkAboutcoa.lu.ca.0012.2012.ASLU0012-2012-ASLU 130 S. GALENA ST
CODE AMENDMENT PROCESS
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THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0012.2012.ASLU
PARCEL ID NUMBERS
PROJECTS ADDRESS 130 S. GALENA ST
PLANNER JESSICA GARROW
CASE DESCRIPTION CODE AMENDMENT PROCESS
REPRESENTATIVE CITY HALL
DATE OF FINAL ACTION 7/3/12
CLOSED BY ANGELA SCOREY ON: 2.15.13
ORDINANCE, NO. 11
SERIES OF 2012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING THE PROCESS OF AMENDING THE LAND USE CODE AND THE
OFFICIAL ZONE DISTRICT MAP: 26.310, AMENDMENTS TO THE LAND USE CODE
AND OFFICIAL ZONE DISTRICT MAP, TO THE MUNICIPAL CODE OF THE CITY
OF ASPEN, COLORADO.
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen
Land Use Code, the City of Aspen City Council initiated amendments to the Land Use Code
related to the process of amending the Land Use Code and the Official Zone District Map;
and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the
Municipal Code shall be reviewed and recommended for approval, approval with conditions, or
denial by the Community Development Director and then by the Planning and Zoning
Commission at a public hearing. Final action shall be by City Council after reviewing and
considering these recommendations; and,
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to the City of Aspen Land Use Code Section 26.310, Amendments to the
Land Use Code and Official Zone District Map; and,
WHEREAS, during a duly noticed public hearing on March 20, 2012, the Planning and
Zoning Commission recommended that City Council approve amendments to the text of Section
26.310, Amendments to the Land Use Code and Official Zone District Map, as described herein,
by a six — zero (6-0) vote; and.
WHEREAS, during a duly noticed public hearing on April 2, 2012, the City Council
took public testimony, considered pertinent recommendations from the Community Development
Director, and the Planning and Zoning Commission, and considered the proposal under the
applicable provisions of the Municipal Code as identified herein and voted four - zero (4-0) to
approve the code changes; and,
WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds
all the applicable standards and that the approval of the Code Amendments are consistent with the
goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the amendments to the Land Use Code are delineated as follows: Text
unaffected is black and in standard print and looks like this. Text being added to the code is
green with underline and looks like this.; and,
WHEREAS, the City Council finds that this ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
Ordinance 11, Series 2012, Code Amendment Process
Page 1 of 9
0 0
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, AS FOLLOWS:
Section 1: Amendments to the Land Use Code and Official Zone District Man
26,310) — Amendments to the Land Use Code and Official Zone District Map, shall be amended
as follows:
Chapter 26.310
AMENDMENTS TO THE LAND USE CODE AND OFFICIAL ZONE DISTRICT MAP
(Rezoning)
Sec.26.310.010
Purpose
Sec. 26.310.020
Amendments to the Land Use Code - Procedure for amendment
Sec. 26.310.030
Amendments to the Land Use Code — Application contents
Sec. 26.310.040
Amendments to the Land Use Code standards of review — Initiation
Sec. 26.310.050
Amendments to the Land Use Code standards of review — Adoption
Sec. 26.310.060
Rezoning - Procedure for amendment
Sec. 26.310.070
Initial Zoning for Annexed Properties
Sec. 26.310.080
Rezoning — Application contents
Sec. 26.310.090
Rezoning — Standards of review
Sec. 26.310.100
Notation of Planning and Zoning Commission resolution on Official
Zone District Map
Sec. 26.310.110
Recordation of designation
Sec. 26.310.120
Placement on City's Official Zone District Map
Sec. 26.310,130
Disputes about zoning of a property
Sec. 26.310.140
Time limitations
26.310.010. Purpose.
The purpose of this Chapter is to provide a means for amending the text of this Title (the Land
Use Code) and the Official Zone District Map. It is not intended to relieve particular hardships
or confer special privileges or rights on any person or property.
26.310.020. Amendments to the Land Use Code — Procedure for amendment.
A. General. An application for amendments to the Land Use Code may be initiated by City
Council and shall be processed in accordance with the common development review procedures
set forth at Chapter 26.304, Common Development Review Procedures, and the steps identified
in Section 26.310.020(B) — (C).
1. City Council may authorize a private party to submit a code amendment application. In
such case, the City Council shall determine the extent to which Step One is required
(Steps Two and Three are mandatory) and shall determine if the applicant shall pay
review fees.
Ordinance 11, Series 2012, Code Amendment Process
Page 2 of 9
0 •
2. The Planning and Zoning Commission may initiate an amendment to the Land Use Code,
as provided for in Chapter 26.212, Planning and Zoning Commission. Initiation shall
require the adoption of a Resolution by the Planning and Zoning Commission. The
Resolution shall be forwarded to City Council for authorization to proceed through the
process outlined herein. City Council shall determine the extent to which Step One is
required (Steps Two and Three are mandatory).
The Historic Preservation Commission may initiate an amendment to the Land Use Code.
Initiation shall require the adoption of a Resolution by the Historic Preservation
Commission. The Resolution shall be forwarded to City Council for authorization to
proceed through the process outlined herein. City Council shall determine the extent to
which Step One is required (Steps Two and Three are mandatory).
4. The Community Development Director may initiate an amendment to the Land Use
Code, as provided for in Chapter 26.210, Community Development Department. City
Council shall determine the extent to which Step One is required (Steps Two and Three
are mandatory).
B. Steps Required: Unless initiated by the
below, or unless additional steps are requested
amendment shall require three steps.
1. Step One — Community Input.
City Council in accordance with Subsection C
by City Council, the review of a proposed text
a. Purpose: To gather ideas, suggestions, comments, opinions, and recommendations
from a wide range of participants to determine if an amendment to the text of the
Land Use Code should be pursued by the City Council.
b. Process: The Community Development Director shall seek input from a wide range of
community members through a variety of methods, which may include focus groups,
structured facilitated sessions, surveys, or other methods. The Director shall solicit
input from the Planning and Zoning Commission, the Historic Preservation
Commission, or other Boards of the City, as applicable. Depending on the nature of
the potential amendment, the Director may solicit input from business owners,
lodging operators, local architects and planners, organizations that may have an
interest in the topic, and the general public. The Director shall develop a summary of
the input methods used and comments received during this step.
c. Notice requirements: None.
2. Step Two — Public hearing before City Council.
a. Purpose: To determine if an amendment to the text of the Land Use Code should be
pursued.
Ordinance 11, Series 2012, Code Amendment Process
Page 3 of 9
b. Process: The Community Development Director shall present City Council with a
summary of comments received during Step One and a recommendation on whether
and how to amend the land Use Code. The recommendation shall include proposed
objectives to be accomplished but need not include specific code sections or proposed
text. The recommendation shall include an analysis of the public policies of the City
to be advanced including, but not limited to, those stated in the Aspen Area
Community Plan. The Director may recommend options for consideration. The City
Council may request additional community engagement prior to a decision.
c. Standards of review: Section 26.310.040, Amendments to the Land Use Code
standards of review - Initiation
d. Form of decision: City Council shall decide to pursue an amendment to the Land Use
Code by resolution after considering the recommendation of the Community
Development Director and comments and testimony from the public at a duly noticed
public hearing. The resolution shall include the objective to be accomplished by the
code amendment but need not cite specific code sections or proposed text. The City
Council may elect to not amend the Land Use Code, which shall not require adoption
of a resolution.
e.
Notice requirements: Publication pursuant to Subsection 26.304.060.E.3.a,
Publication of notice.
3. Step Three — Public Hearing before City Council.
a. Purpose: To determine if application meets standards for amendment to the text of
the Land Use Code.
b. Process: The Community Development Director shall provide City Council with a
recommendation to amend the Land Use Code with proposed text to chapters and
sections.
c. Standards of review: Section 26.310.050, Amendments to the Land Use Code
standards of review - Adoption
d. Form of decision: City Council decision shall be by ordinance after considering the
recommendation of the Community Development Director and comments and
testimony from the public at a duly noticed public hearing. The ordinance shall
include the amended text of the Land Use Code by chapter and section.
e.
Notice requirements: Publication pursuant to Subparagraph 26.304.060.E.3.a.,
Publication of'notice, in addition to the requisite notice requirements for adoption of
an ordinance by City Council.
Ordinance 11, Series 2012, Code Amendment Process
Page 4 of 9
•
C. Emergency amendments to Land Use Code by City Council. Notwithstanding the
procedures for review set forth above and consistent with the authority of the City Council to
adopt emergency ordinances pursuant to Section 4.11 of the City Charter, for the preservation of
public property. health, peace or safety, the City Council may amend this Title in accordance
with the procedures set forth at Section 4.11 of the City Charter (Emergency ordinances). (Ord.
No. 27-2002, §6; Ord. No. 12, 2007, § 14)
26.310.030. Amendments to the Land Use Code — Application contents.
A formal application is required prior to initiating Step Three of the code amendment process,
outlined above in Section 26.310.020(B)(3), Step Three — Public Hearing before City Council.
The application shall include:
A. The general application information required in Section 26.304.030, Application and Fees.
B. A copy of the City Council resolution requesting the amendment and a brief summary of how
the proposed text meets the stated objectives of the amendment.
C. A copy of the comments received during the Public Input phase.
D. The precise wording of the proposed amendment.
26.310.040. Amendments to the Land Use Code standards of review — Initiation
In reviewing a request to pursue an amendment to the text of this Title, per Section
26.310.020(B)(2), Step Ttim — Public Hearing before City Council, the City Council shall
consider:
A. Whether there exists a community interest to pursue the amendment.
B. Whether the objectives of the proposed amendment furthers an adopted policy,
community goal, or objective of the City including, but not limited to, those stated in
the Aspen Area Community Plan.
C. Whether the objectives of the proposed amendment are compatible with the
community character of the City and in harmony with the public interest and the
purpose and intent of this Title.
26.310.050. Amendments to the Land Use Code Standards of review - Adoption
In reviewing an application to amend the text of this Title; per Section 26.310.020(B)(3), Step
Three — Public Hearing before City Council, the City Council shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this Title.
B. Whether the proposed amendment achieves the policy, community goal, or objective cited as
reasons for the code amendment or achieves other public policy objectives.
C. Whether the proposed amendment is compatible with the community character of the City
and is in harmony with the public interest and the purpose and intent of this Title.
Ordinance 11, Series 2012, Code Amendment Process
Page 5 of 9
26.310.060. Rezoning - Procedure for amendment.
A. General. An application for amendments the Official Zone District Map may be initiated by
the City Council, the Community Development Director, or a person or persons owning more
than fifty (50) percent of the area of land subject to the amendment and shall be processed in
accordance with the common development review procedures set forth at Chapter 26.304.
B. Steps required: The review of an application to amend the Official Zone District Map shall
require two (2) steps.
1. Step One — Public hearing before Planning and Zoning Commission.
a. Purpose: To determine if the application meets standards for amendment to
the Official Zone District Map and to provide a recommendation to City
Council.
b. Process: The Community Development Director shall provide the Planning
and Zoning Commission with a recommendation regarding the specific
request to amend the Official Zone District Map.
Standards of Review: Section 26.310.090, Amendments to the Official Zone
District Map — Standards of Review
d. Notice requirements: Publication, mailing and posting (see Subparagraphs
26.304.060.E.3.a., b. and c.). For an amendment to the Official Zone District
Map initiated by the City, notice shall also include mailing to owners of
property subject to the rezoning application at least fifteen (15) days prior to
the public hearing.
2. Step Two — Public Hearing before City Council.
a. Purpose: To determine if application meets standards for amendment to the
Official Zone District Map.
b. Process: The Community Development Director shall forward the
recommendation of the Planning and Zoning Commission and shall provide
the City Council with a recommendation to amend the Official Zone District
Map.
c. Standards of review: Section 26,310.090, Amendments to the Official Zone
District Map — Standards of Review
d. Form of decision: City Council decision shall be by Ordinance after
considering the recommendations of the Community Development Director,
the Planning and Zoning Commission, and comments and testimony from the
public at a duly noticed public hearing.
Ordinance 11, Series 2012, Code Amendment Process
Page 6 of 9
Notice requirements: Publication. mailing and posting as provided for in
subparagraphs 26.304.060.E.3.a., b. and c., Public Notice — Publication Qf
notice. Posting of notice. and Mailing of ' notice, in addition to the requisite
notice requirements for adoption oi'an ordinance by City Council.
For an amendment to the Official Zone District Map initiated by the City, notice
shall also include mailing to owners of property subject to the rezoning
application at least fifteen (15) days prior to the public hearing, in addition to the
requisite notice requirements for adoption of an ordinance by City Council.
26.310,070. Initial Zoning for Annexed Properties.
An application to establish the initial zoning for annexed property shall be reviewed according to
the standards and procedures of this Chapter.
26.310.080. Rezoning — Application Contents.
The development application for an amendment to the Official Zone District Map shall include:
A. The general application information required in Section 26.304.030, Application and
Fees.
B. The present Zone District classification and existing land uses of the real property
proposed to be amended.
C. The area of the property proposed to be amended, stated in square feet or acres.
D. An accurate survey map of the real property proposed for amendment.
26.310.090. Rezoning - Standards of review.
In reviewing an amendment to the Official Zone District Map, the City Council and the Planning
and Zoning Commission shall consider:
A. Whether the proposed amendment is compatible with surrounding zone districts and land
uses, considering existing land use and neighborhood characteristics.
B. Whether and the extent to which the proposed amendment would result in demands on public
facilities and whether and the extent to which the proposed amendment would exceed the
capacity of such public facilities including, but not limited to, transportation facilities,
sewage facilities, water supply, parks, drainage, schools and emergency medical facilities.
C. Whether and the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment.
Ordinance 11, Series 2012, Code Amendment Process
Page 7 of 9
•
D. Whether the proposed amendment is consistent and compatible with the community
character in the City and in harmony with the public interest and the intent of this Title.
26.310.100. Notation on Official Zone District Map.
Upon acceptance of an application for an amendment to the Official Zone District Map, the
Community Development Director shall make a notation on the Official Zone District Map to
show the pending amendment.
26.310.110. Recordation of designation.
Upon the effective date of an act by the City Council approving a development application for an
amendment to the Official Zone District Map, the Community Development Director shall notify
the City Clerk of the designation, who shall record among the real estate records of the clerk and
recorder of the county, a certified copy of the ordinance. The ordinance shall include a legal
description of the property whose Zone District designation is changed by the amendment.
26.310.120. Placement on City's Official Zone District Map.
Upon the effective date of an act by the City Council approving a development application for an
amendment to the Official Zone District Map, the Community Development Director shall place
the amendment on the City's Official Zone District Map, which is kept in the Community
Development Department.
26.310.130. Disputes about zoning of a property.
In cases where there is a dispute as to the correct zoning of a property, the ordinance approving
or establishing the zoning shall be the final authority and not the Official Zone District Map.
(Ord. No. 52-2003, § 4)
26.310.140. Time limitations.
Unless otherwise waived by City Council, the City shall not accept an application to amend the
Official Zone District Map (Rezoning), nor shall the City accept or initiate an application to
amend the text of the Land Use Code, which has been denied for a period of two years from the
date of denial.
Section 2: Effect Upon Existing Litigation.
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 3: Severability.
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 4: Effective Date.
Ordinance 11, Series 2012, Code Amendment Process
Page 8 of 9
In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall
become effective thirty (30) days following final passage.
Section 5: Notice of Public Hearing.
A public hearing on this ordinance shall be held on the 2"d day of April, 2012, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130
S. Galena St., Aspen, Colorado. a minimum of fifteen 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.
FIRST READING OF THIS ORDINANCE WAS INTRODUCED, READ AND ORDERED
PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26" day of
March, 2012.
ATTEST:
ZAWP� �, ��.
Michael C. Ireland'Alayor
FINALLY, adopted, passed and approved this 2nd day of April, 2012.
ATTEST:
Kathryn S. ch, City Clerk
Approved as to form:
�am R "True, City Attorney
Mich ae C. reland, ayor
Ordinance 11, Series 2012, Code Amendment Process
Page 9 of 9
7715314 • G ` n/ ,�(f ��
ACct: 1013028
Phone: (970)920-5064
E-Mail:
Client:
Caller: Kathryn Koch
Receipt
Ad Name: 7715314A
Editions: 8ATI/8ATWl
Start: 03/29/12
Color:
Copyline: atw Ordinance 11
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Name: Aspen (LEGALS) City of
Address: 130 S Galena St
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City: Aspen
State: CO Zip: 81611
Original Id: 0
Class: 0990
Stop: 03/29/12
Issue 1
Rep: AT Legals
LEGAL NOTICE
ORDINANCE #11, 2012 PUBLIC HEARING
Ordinance #11. Series of 2012. was adopted on
first reading at the City Council meeting March 26,
2012. This ordinance, if adopted, will amend the
process with which to amend the land use code.
The public hearing on this ordinance is scheduled
for April 2. 2012 at 5 PM. City hall. 130 South
Galena.
To see the entire text. go to the city's legal notice
website
titt,p://www.asi2en,12itkin,comIDei2artl7ientsICIerkl
Legal -Notices)
If you would like a copy FAXed or e-mailed to you.
call the city clerk's office, 429-2686.
Published in the Aspen Times Weekly on March
29.2012. [7715314]
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MEMORANDUM
TO: Mayor and City Council
FROM: Jessica Garrow, Long Range Planner
THRU: Jennifer Phelan, Community Development Deputy Director
RE: Second Reading of Ordinance 11, 2012, Amending the process for changing the
Land Use Code and the Official Zone District Map
MEETING DATE: April 2, 2012
SUMMARY:
City Council approved the Aspen Area Community Plan on February 27, 2012. Following the
adoption, they provided direction on implementation priorities, including requesting staff to
process a code amendment that would update and streamline the process for amending the Land
Use Code and the Official Zone District Map. The memo summarizes the code amendment,
with the specific language included in the attached Ordinance.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed code amendments.
LAND USE REQUESTS AND REVIEW PROCEDURES:
This meeting is to review potential changes to the process of amending, the Official Zone District
Map and the Land Use Code. Pursuant to Land Use Code Section 26.310, City Council is the
final review authority following a recommendation from the Planning & Zoning Commission.
The Planning and Zoning Commission unanimously recommended in favor of the proposed
amendments.
BACKGROUND & OVERVIEW:
As part of the implementation of the Aspen Area Community Plan (AACP), City Council has
directed Community Development staff to process an amendment to the way the Land Use Code
is amended. This is part of the same chapter outlining the process to update the Official Zone
District Map. Staff is proposing changes to both portions of the chapter n an effort to provide
additional clarity to both processes.
STAFF COMMENTS:
Based on feedback from City Council, staff is proposing a number of changes to the process for
amending the Land Use Code and Official Zone District Map. A copy of specific proposed
language is attached in Exhibit B, and outlined below:
• Clarify the process to amend the Official Zone District Map (also known as Rezoning)
o Add language stating that initial zoning designations for annexed property is done
through the process outlined in the chapter.
o Update the review criteria to eliminate duplicative criteria.
Page 1 of 3
o Provide more detail on the purpose, process, and noticing requirements for the
review.
• Change the process to amend the Land Use Code
o Update how a code amendment can be initiated. City Council must "endorse" any
amendment initiated by a private party, the Planning & Zoning Commission, the
Historic Preservation Commission, or the Community Development Director.
o Add a public engagement requirement to the process. The first step of any code
amendment is to get feedback from interested parties, including HPC, P&Z, and
possible outside entities, on the general concept of the amendment. That feedback
is then used by City Council when they determine if a code amendment should be
"endorsed."
o Add an official "endorsement" of the concept. City Council must pass a
Resolution on the concept of the code amendment at a public hearing prior to
specific language being drafted. If a concept is "endorsed," staff would move
forward with working on specific language to implement the concept.
o Specific language is reviewed and approved by City Council by Ordinance.
AMENDMENTS TO THE OFFICIAL ZONE DISTRICT MAP: Staff is proposing minor amendments
to clarify the process to zone or re -zone a property. Currently, there is no language stating that
this chapter governs the review of providing initial zoning to a property annexed into the city.
Staff proposes adding language to clearly state that all zonings and rezonings are done in
accordance with the chapter. Staff is also proposing to provide greater clarity to the purpose of
the P&Z and City Council reviews of zonings and rezonings. Finally, staff proposes to
eliminate duplicative review criteria.
AMENDMENTS TO THE LAND USE CODE: City Council requested staff examine a way to
streamline the code amendment process. In the past, some code amendments have extended over
a period of months and years because the general concept is not supported by one of the groups
reviewing the amendment. Rather than beginning the process with specific language, there
would be a discussion about the general concept. This will enable P&Z, HPC, and the public to
comment on the idea of a code amendment rather than language. Staff believes this will speed
the process by enabling Council to vote early on in the process on whether or not to pursue a
concept.
Staff proposes to amend the initiation process to require City Council to endorse, through official
adoption of a Resolution at a public hearing, any amendment proposed by staff or P&Z.
REFERRAL COMMENTS:
The Planning and Zoning Commission reviewed the proposal at their March 20, 2012 regular
meeting. Their minutes are attached as Exhibit D and their final Resolution is attached as
Exhibit C. The P&Z unanimously recommended approval of the proposed amendments. They
had some formatting suggestions and recommended that the Historic Preservation Commission
be added to the list of entities who may recommend a code amendment to City Council. This has
been incorporated into the Ordinance.
Page 2 of 3
RECOMMENDATION:
Staff recommends approval of the proposed code amendments.
RECOMMENDED MOTION: (all motions are worded in the affirmative)
"I move to approve Ordinance No. 11, Series of 2012, amending the process for amending the
land use code and amending the Official Zone District Map."
ATTACHMENTS: (NOTE THAT ONLY THE ATTACHMENTS IN BOLD ARE INCLUDED IN THIS
PACKET)
EXHIBIT A — Review Criteria and Staff Findings
EXHIBIT B — Draft P&Z Resolution (provided 3/26/2012)
EXHIBIT C — Final P&Z Resolution, Resolution 7, Series 2012
EXHIBIT D — Draft P&Z minutes from March 20, 2012
Page 3 of 3
ORDINANCE NO. 11
SERIES OF 2011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING THE PROCESS OF AMENDING THE LAND USE CODE AND THE
OFFICIAL ZONE DISTRICT MAP: 26.310, AMENDMENTS TO THE LAND USE CODE
AND OFFICIAL ZONE DISTRICT MAP, TO THE MUNICIPAL CODE OF THE CITY
OF ASPEN, COLORADO.
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen
Land Use Code, the City of Aspen City Council initiated amendments to the Land Use Code
related to the process of amending the Land Use Code and the Official Zone District Map;
and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the
Municipal Code shall be reviewed and recommended for approval, approval with conditions, or
denial by the Community Development Director and then by the Planning and Zoning
Commission at a public hearing. Final action shall be by City Council after reviewing and
considering these recommendations; and,
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to the City of Aspen Land Use Code Section 26.310, Amendments to the
Land Use Code and Official Zone District Map; and,
WHEREAS, during a duly noticed public hearing on March 20, 2012, the Planning and
Zoning Commission recommended that City Council approve amendments to the text of Section
26.310, Amendments to the Land Use Code and Official Zone District Map, as described herein,
by a six — zero (6-0) vote; and,
WHEREAS, during a duly noticed public hearing on April 2, 2012, the City Council
took public testimony, considered pertinent recommendations from the Community Development
Director, and the Planning and Zoning Commission, and considered the proposal under the
applicable provisions of the Municipal Code as identified herein and voted _ - _ L-� to
approve the code changes; and,
WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds
all the applicable standards and that the approval of the Code Amendments are consistent with the
goals and elements of the Aspen Area Community Plan; and,.
WHEREAS, the amendments to the Land Use Code are delineated as follows: Text
unaffected is black and in standard print and looks like this. Text beiflg FeFRON'ed is Fed With
fikethFeugh ..,..a looks like thi Text being added to the code is green with underline and looks
like this.; and,
WHEREAS, the City Council finds that this ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
Ordinance 11, Series 2012, Code Amendment Process
Page 1 of 12
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, AS FOLLOWS:
Section 1: Amendments to the Land Use Code and Official Zone District Mau
26.310) — Amendments to the Land Use Code and Official Zone District Map, shall be amended
as follows:
Chapter 26.310
AMENDMENTS TO THE LAND USE CODE AND OFFICIAL ZONE DISTRICT MAP
(Rezonine)
Sec. 26.3 10.0 10 Purpose
Sec. 26.310.020 Amendments to the Land Use Code - Procedure for amendment
Sec. 26.310.030 Amendments to the Land Use Code — Application contents
Sec. 26.310.040 Amendments to the Land Use Code &standards of review €ef
amendments to the land --u4 AAdp — Initiation
Sec. 26.310.050 Amendments to the Land Use Code standards of review — Adoption
Sec. 26.310.060 Rezoning - Procedure for amendment
Sec. 26.310.070 Initial Zoning for Annexed Properties
Sec. 26.310.080 Rezoning — Application contents
Sec. 26.310.0930 Rezoning — Standards of review fq-F to the Offleial
Sec. 26.310.060100 Notation of Planning and Zoning Commission resolution on Official
Zone District Map
Sec. 26.310.0;0110 Recordation of designation
Sec. 26.310."0120 Placement on City's Official Zone District Map
Sec. 26.310.0"130 Disputes about zoning of a property
Sec. 26.310.OW140 Time limitations
See-26.310.010. Purpose.
The purpose of this Chapter is to provide a means for amending the text of this Title the Land
Use Code) and the Official Zone District Mffiap. It is not intended to relieve particular hardships
or confer special privileges or rights on any person or property.
See. 26.310.020. Amendments to the Land Use Code — Procedure for amendment.
A. General. An application for amendments to the Land Use Code o- the O ffiei ,' Zone Distr".,
Map —may be initiated by
26.304.040 ity Council and shall be processed in accordance with the common
development review procedures set forth at Chapter 26.304, Common Development Review
Procedures, and the steps identified in Section 26.310.020(B) — (C).
Ordinance 11, Series 2012, Code Amendment Process
Page 2 of 11
1. City Council may authorize a private party to submit a code amendment application. In
such case, the City Council shall determine the extent to which Step One is required
(Steps Two and Three are mandatory) and shall detennine if the applicant shall pay
review fees.
2. The Planning and Zoning Commission may initiate an amendment to the Land Use Code,
as provided for in Chapter 26.212, Planning and Zoning Commission. Initiation shall
require the adoption of a Resolution by the Planning and Zoning Commission. The
Resolution shall be forwarded to City Council for authorization to proceed through the
process outlined herein. City Council shall determine the extent to which Step One is
required (Steps Two and Three are mandatory).
3. The Historic Preservation Commission may initiate an amendment to the Land Use Code.
Initiation shall require the adoption of a Resolution by the Historic Preservation
Commission. The Resolution shall 'be forwarded to City Council for authorization to
proceed through the process outlined herein. City Council shall determine the extent to
which Step One is required (Steps Two and Three are mandatory).
4. The Community Development Director may initiate an amendment to the Land Use
Code, as provided for in Chapter 26.210, Community Development Department. City
Council shall determine the extent to which Step One is required (Steps Two and Three
are mandatory).
A:B. Steps Rfequired: Unless initiated by the City Council in accordance with Subsection C
below, or unless additional steps are requested by City Council, the review of a proposed text
amendment shall require three steps.
1. Step One — Community Input.
a. Purpose: To gather ideas, suggestions, comments, opinions, and recommendations
from a wide range of participants to determine if an amendment to the text of the
Land Use Code should be pursued by the City Council.
b. Process: The Community Development Director shall seek input from a wide range of
community members through a variety of methods, which may include focus groups,
structured facilitated sessions, surveys, or other methods. The Director shall solicit
input from the Planning and Zoning Commission, the Historic Preservation
Commission or other Boards of the City, as applicable. Deuending on the nature of
the potential amendment, the Director may solicit input from business owners,
lodging operators, local architects and planners, organizations that may have an
interest in the topic, and the general public. The Director shall develop a summary of
the input methods used and comments received during this step.
c. Notice requirements: None.
Ordinance 11, Series 2012, Code Amendment Process
Page 3 of 11
�2.Step OF* -Two — Public hearing before PlaRning and Zoning Gammissi ity Council.
a. Purpose: To determine if the ,Beat,,. MLo .,,,,._a feF affiefldffleflt W eede tex•
an amendment to the text of the Land Use Code should
be pursued.
b. Process: The Community Development Director shall present City Council with a
summary of comments received during Step One and a recommendation on whether
and how to amend the Land Use Code. The recommendation shall include proposed
obiectives to be accomplished but need not include specific code sections orproposed
text. The recommendation shall include an analysis of the public policies of the City
to be advanced including, but not limited to, those stated in the Aspen Area
Community Plan. The Director may recommend options for consideration. The City
Council may request additional community engagement prior to a decision.
c. Standards of review: Section 26.310.040, Amendments to the Land Use Code
standards of review - Initiation
d. Form of decision: City Council shall decide to pursue an amendment to the Land Use
Code by resolution after considering the recommendation of the Community
Development Director and comments and testimony from the public at a duly noticed
public hearing. The resolution shall include the objective to be accomplished by the
code amendment but need not cite specific code sections or proposed text. The City
Council may elect to not amend the Land Use Code, which shall not require adoption
of a resolution.
b,e.140tiee .e e e S f F a ffivately iRitiated ., e.,dment , the O ffieial ZORe DiStF.et
Map: Publieation, mailing and posting (see SubparaffaPhS 26.304.060.63.a.. b. and
Notice requirements : Publication pursuant
to Subsection 26.304.060.E.3.a, Publication of notice.
23.Step Twe-Three — Public Hearing before City Council.
a. Purpose: To determine if application meets standards for amendment to eede-the text
of the Land Use Code of Offieial Zone DistFiet Map.
b. Process: The Community Development Director shall provide City Council with a
recommendation to amend the Land Use Code with proposed text to chapters and
sections.
Ordinance 11, Series 2012, Code Amendment Process
Page 4 of 11
c. Standards of review: Section 26.310.050, Amendments to the Land Use Code
standards of review - Adoption
d. Form of decision: City Council decision shall be by ordinance after considering the
recommendation of the Community Development Director and comments and
testimony from the public at a duly noticed public hearing,. The ordinance shall
include the amended text of the Land Use Code by chapter and section.
d-e.
Mapi Publieetiesi, mailing and pasting (see subparagraphs 26.394.060.6.3.a., b. and
mil).
City! Pubiieatien, mailing to pfepeny owners that are subjeet to the F . -
Notice requirements f - an amendmens te the ' And Use rode: Publication pursuant to
Subparagraph 26.304.060.E.3.a., Publication of notice, in addition to the requisite
notice requirements for adoption of an ordinance by City Council.
B.C. Emergency amendments to Land Use Code by City Council. Notwithstanding the
procedures for review set forth above and consistent with the authority of the City Council to
adopt emergency ordinances pursuant to Section 4.11 of the City Charter, for the preservation of
public property, health, peace or safety, the City Council may amend this Title in accordance
with the procedures set forth at Section 4.11 of the City Charter (Emergency ordinances). (Ord.
No. 27-2002, §6; Ord. No. 12, 2007, §14)
Seer26.310.030.Amendments to the Land Use Code -Application contents.
A formal application is required prior to initiating Step Three of the code amendment process,
outlined above in Section 26.310.020(B)(3). Step Three - Public Hearing bore City Council.
The application shall include:
A. The general application information required in Section 26.304.030 Aoylication and Fees.
B. A copy of the City Council resolution requesting the amendment and a brief summary of how
the DroDosed text meets the stated objectives of the amendment.
A-.C. A copy of the comments received during the Public Input phase.
BD. The precise wording of
aff�-the proposed amendment.
Ordinance 11, Series 2012, Code Amendment Process
Page 5 of 11
26.310.040. Amendments to the Land Use Code standards of review - Initiation
In reviewing quest to pursue an amendment to the text of this Title, per Section
26.310.020(B)(2), Step Two - Public Hearing before QU Council, the City Council shall
consider:
A. Whether there exists a community interest to pursue the amendment.
B. Whether the objectives of the proposed amendment furthers an adopted policy,
community goal, or objective of the City including, but not limited to, those stated in
the Aspen Area Community Plan.
C. Whether the objectives of the proposed amendment are compatible with the
community character of the City and in harmony with the public interest and the
purpose and intent of this Title.
See 26.310.0540. Amendments to the Land Use Code Standards of review -
Adoption .
In reviewing an amendment an application to amend the text of this Title, per Section
26.310.020(B)(3), Step Three - Public Hearing before City Council, the City Council and the
Planning and zenifig comrais shall consider:
&A. Whether the proposed amendment is in conflict with any applicable portions of this Title.
EB. Whether the proposed amendment f • ;eFS ffil adeptedachieves the policy, community
goal, or objective cited as reasons for the code amendment or achieves other public policy
obbiectives.
D.C. Whether the proposed amendment
whether is is compatible with the community character of the City and is in harmony with the
public interest and the purpose and intent of this Title.
See-26.310.0620. Rezoning - Procedure for amendment.
A. General. An application for amendments the Official Zone District
Map may be initiated by the City Council, the Community Development Director, or a person or
persons owning, more than fifty (50) percent of the area of land subject to the amendment by- h
26.304.040 below and shall be
Ordinance 11, Series 2012, Code Amendment Process
Page 6 of 11
processed in accordance �\ ith the common development review procedures set forth at Chapter
26.304.
B. Steps required:
belaw, The review of an application to amend the Official Zone District Map shall require two
(2) steps
1. Step One— Public hearing before Planning and Zoning Commission.
a. Purpose: To determine if the application meets standards for amendment to
to the Official Zone District Map and to provide a
recommendation to City Council.
b. Process: The Community Development Director shall provide the Planning
and Zoning Commission with a recommendation regarding the specific
request to amend the Official Zone District Map.
a-c. Standards of Review: Section 26.310.090 Amendments to the Official Zone
District Map — Standards of Review
1}d. Notice requirements for- a pFivatel) initiated amendment to the
Publication, mailing and posting (see
Subparagraphs 26.304.060.E.3.a., b. and c.)._ _or an
amendment to the Official Zone District Map initiated by the City --
Pub! ieation. . notice shall also include mailing to prepeFty-owners of property
that aFesubject to the rezoning application at least fifteen (15) days prior to
the public hearing.
2. Step Two — Public Hearing before City Council.
a. Purpose: To determine if application meets standards for amendment to soda
text-enhe Official Zone District Map.
b. Process: The Community Development Director shall forward the
recommendation of the Planning and Zoning Commission and shall provide
the City Council with a recommendation to amend the Official Zone District
Map.
c. Standards of review: Section 26.310.090, Amendments to the Official Zone
District Map — Standards of Review
Ordinance 11, Series 2012, Code Amendment Process
Page 7 of 11
1}d.Fotm of decision: City Council decision shall be by Ordinance after
considering, the recommendations of the Community Development Director,
the Planning and Zoning Commission, and comments and testimony from the
public at a duly noticed public hearing
e_Notice requirements
Distfiet Map: Publication, mailing and posting (see -as provided for in
subparagraphs 26.304.060.E.3.a., b. and c., Public Notice - Publication of
notice, Posting of notice, and Mailing of notice, in addition to the requisite
notice requirements for adoption of an ordinance by City Council4.
_or an amendment to the Official Zone District Map
initiated by the City: , notice shall also include mailing to
prepeFty owners ,f property subject to the rezoning application at
least fifteen (15) days prior to the public hearing, in addition to the requisite
notice requirements for adoption of an ordinance by City Council.
26.310.070. Initial Zonine for Annexed Properties.
An application to establish the initial zoning for annexed property shall be reviewed according to
the standards and procedures of this Chapter.
See: 26.310.0830. Rezoning - Application Contents.
The development application for iiniendffient to the text 4 this "title of an amendment to the
Official Zone District Map shall include:
A. The general application information required in Section 26.304.030, Application and
Fees.
e:B_The present Zone District classification and existing land uses of the real property
proposed to be amended.
Ordinance 11, Series 2012, Code Amendment Process
Page 8 of 11
f.C_The area of the property proposed to be amended, stated in square feet or acres a
hoFee
f
g:D_An accurate survey map of the real property proposed for amendment.
See:-26.310.0950. Rezonine - Standards of review. Standards of review for amendments to
In reviewing an amendment to the Official Zone District Map, the City Council and the Planning
and Zoning Commission shall consider:
B-.A. Whether the proposed amendment is compatible with surrounding zone districts and land
uses, considering existing land use and neighborhood characteristics.
W.B. Whether and the extent to which the proposed amendment would result in demands on -
public facilities and whether and the extent to which the proposed amendment would
exceed the capacity of such public facilities including, but not limited to, transportation
facilities, sewage facilities, water supply, parks, drainage, schools and emergency medical
facilities.
F C. Whether and the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment.
1`D. Whether the proposed amendment is consistent and compatible with the community
character in the City and in harmony with the public interest and the intent of this Title.
G. V.'herher she.e ha, a been changed .. ndit:ons aff .frog the subject p of or .he ndin-
See. 26.310.060100. Notation of planning and Zoning Commission resolution n Official
Zone District Map.
n acceptance of an application for an
amendment to the Official Zone District Map, the Community Development Director shall make
a notation on the Official Zone District Map to show the pending amendment.
See: 26.310.070110. Recordation of designation.
Upon the effective date of an act by the City Council approving a development application for an
amendment to the Official Zone District Map, the Community Development Director shall notify
Ordinance 11, Series 2012, Code Amendment Process
Page 9 of 11
the City Clerk of the designation, who shall record among the real estate records of the clerk and
recorder of the county, a certified copy of the ordinance. The ordinance shall include a legal
description of the property whose Zone District designation is changed by the amendment.
See. 26.310.M120. Placement on City's Official Zone District Map.
Upon the effective date of an act by the City Council approving a development application for an
amendment to the Official Zone District Map, the Community Development Director shall place
the amendment on the City's Official Zone District Map, which is kept in the Community
Development Department.
See:-26.310.N5130. Disputes about zoning of a property.
In cases where there is a dispute as to the correct zoning of a property, the ordinance approving
or establishing the zoning shall be the final authority and not the Official Zone District Map.
(Ord. No. 52-2003, § 4)
See-26.310.0%][40. Time limitations.
Unless otherwise waived by City Council, the City shall not accept an application to amend the
Official Zone District Map (Rezoninit), nor shall the City accept or initiate an application to
amend the text of the Land Use Code, which has been denied for a period of two years from the
date of denial.
Section 2: Effect Upon Existine Litieation.
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 3: Severability.
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.
Ordinance 11, Series 2012, Code Amendment Process
Page 10 of 11
•
•
Section 4: Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall
become effective thirty (30) days following final passage.
Section 5: Notice of Public Hearing.
A public hearing on this ordinance shall be held on the 2"d day of April, 2012, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130
S. Galena St., Aspen, Colorado, a minimum of fifteen 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.
FIRST READING OF THIS ORDINANCE WAS INTRODUCED, READ AND ORDERED
PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26d' day of
March, 2012.
ATTEST:
Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor
FINALLY, adopted, passed and approved this day of , 20_
ATTEST:
Kathryn S. Koch, Citv Clerk Michael C. Ireland, Nlayor
Approved as to form:
James R True, City Attorney
Ordinance 11, Series 2012, Code Amendment Process
Page 11 of 11
Exhibit A: Sec. 26.310.040. Standards of review for amendments to the land use code.
In reviewing an amendment to the text of this Title, the City Council and the Planning and
Zoning Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this Title.
Staff Finding: This proposed amendment is consistent with the Land Use Code. It does not
amend any of the powers and duties of the City Council, P&Z, or the Community Development
Director, as outlined in Chapter 200. P&Z recommended that HPC be given the authority to
initiate amendments to the Land Use Code. They currently have the ability to recommend code
amendments to P&Z, so this is a slight change in their authority. Staff is supportive of this
addition. The proposed changes do not create a conflict with any other provision of the Land
Use Code. Staff finds this criterion is met.
A Whether the proposed amendment furthers an adopted policy, community goal, or objective.
Staff Finding: In conjunction with the adoption of the 2012 AACP, City Council has
established a set of goals for implementation of that guiding document. Those include updating
and streamlining the process of amending the Land Use Code. The proposed amendments are
consistent with that direction. In addition, staff believes this updated process will provide greater
public awareness and interaction on amendments to the land use code which supports the City's
goal of increasing predictability and transparency in the land use review process.
Staff finds this criterion is met.
C. Whether the proposed amendment would be in conflict with the public interest and whether it
is in harmony with the purpose and intent of this Title.
Staff Finding: Staff believes this amendment is consistent with the public interest and is in
harmony with the purpose and intent of the Land Use Code. Staff finds this criterion is met.
Exhibit A Page 1 of 1
• �bulorFC�
RESOLUTION No. 7
(Series of 2012)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION,
ASPEN, COLORADO, RECOMMENDING CITY COUNCIL ADOPT CODE
AMENDMNETS RELATED TO AMENDNENTS TO THE LAND USE CODE AND
OFFICIAL ZONE DISTRICT MAP: 26.310, AMENDNENTS TO THE LAND USE
CODE AND OFFICIAL ZONE DISTRICT MAP
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of
Aspen Land Use Code, the City of Aspen City Council initiated amendments to the
Land Use Code related to the process of amending the Land Use Code and the Official
Zone District Map; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the Community Development Director and then by the
Planning and Zoning Commission at a public hearing. Final action shall be by City
Council after reviewing and considering these recommendations; and,
WHEREAS, the Community Development Director has recommended approval
of the proposed amendments to the City of Aspen Land Use Code Section 26.310,
Amendments to the Land Use Code and Official Zone District Map; and,
WHEREAS, during a duly noticed public hearing on March 20, 2012, the
Planning and Zoning Commission recommended that City Council approve amendments
to the text of Section 26.310, Amendments to the Land Use Code and Official Zone District
Map, as described herein, by a six — zero (6-0) vote; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the
amendments meet or exceed all applicable standards pursuant to Chapter 26.310; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO THAT:
Section 1: Amending the Official Zone District Map
The Planning and Zoning Commission recommends City Council approve an amendment
to clarify the process to amend the Official Zone District Map (also known as Rezoning),
including eliminating duplicative review criteria, outlining a process for establishing
initial zoning for annexed properties, and more clearly outlining the purpose, process, and
noticing requirements.
Planning & Zoning Commission Reso #7 of 2012
Amendments to the Official Zone District Map and the Land Use Code
Page 1 of 2
cil
Section 2: Amending the Land Use Code
The Planning and Zoning commission
Land Use ds City
s follows:
an amendment
to amend the process for amending
• Update how a code amendment can be initiated. City Council must "endorse" any
amendment initiated by a private party, the Planning & Zoning Commission, the
Historic Preservation Commission, or the Community Development Director.
Add a public engagement requirement to the process. The first step of any code
amendment is to get feedback from interested parties, including HPC, P&Z, and
possible outside entities, on the general concept
termtine of the
fea codement. That feedback is
amendment should be
then used by City Council when they
"endorsed."
• Add an official "endorsement" of the concept. City Council must pass a Resolution
on the concept of the code amendment at a public hearing prior to specific language
being drafted. If a concept is "endorsed," staff would move forward with working on
specific language to implement the concept.
• Specific language is reviewed and approved by City Council by Ordinance.
FINALLY, adopted and approved by the Planning and Zoning Commission this 20th day of
March, 2012.
APPROVED AS TO FORM:
James R. True, City Attorney
ATTEST:
)� ackie Lothian, �Depu�tyCity Clerk
1 AND ZONING
�N:
�&Chairman
Planning & Zoning Commission Reso #7 of 2012
Amendments to the Official Zone District Map and the Lan Page Code
• Exhibit D:
Regular City Planning & Zoning Meeting — Minutes March 20, 2012
Comments
Minuets
Conflicts of Interest
Code Amendment — Downtown Zoning
The Code Amendment Process
• •
Fxhihit n-
Regular City Planning & Zoning Meeting — Minutes March 20, 2012
LJ Erspamer opened the regular meeting of the Planning and Zoning Commission
in Sister Cities Meeting Room at 4:30. Commissioners present were Stan Gibbs,
Bert Myrin, Keith Goode, Jim DeFrancia, Jasmine Tygre and LJ Erspamer. Cliff
Weiss was not in attendance. Staff in attendance were: Jim True, City Attorney;
Chris Bendon and Jessica Garrow, Community Development; and Jackie Lothian,
Deputy City Clerk.
Comments
Jim True said that commission members are not excused but they are absent.
Bert Myrin said that when the P&Z suggests something to Council and they change
it was there some sort of system that would let P&Z know that we are handing off
the wrong things or what are we doing that is so off base. Bert said that he
supported the change in affordable work force housing. Bert said what is more
important is the process and the process changed. Bert said that he was looking for
a process that came back to P&Z to give a heads up not change things. LJ
Erspamer said that staff may repeat what was said at P&Z but the interpretation
might not be the same however LJ didn't know a system in the process other than
one of the P&Z members attending the Council meeting but he didn't want to over
burden the process. Jasmine Tygre said that she thought it was good but she didn't
have a solution for it but maybe we can come up with some suggestions on instant
feedback. Bert said the common link is com dev. Jessica Garrow asked if what
Bert was looking for was at the beginning of a meeting staff telling this is what is
happening with a certain project and where it was going. Bert replied just an
update of where we are at but not something that will take more staff time; just a
minute or two at the beginning of a meeting. Jessica said that she would bring it
up with staff and she will get back to P&Z. Stan Gibbs asked what was it that he
was trying to accomplish. Stan said that this is informative and you are trying to
make it so in the future we can temper our decisions on what Council is going to
want to do. Bert replied maybe not temper them or change them but we at least
would be aware of what is going on.
Jasmine said the building on the northeast corner of Cooper and Original seems to
have mushroomed; it was a 2 unit building with a row of Evergreens and it looks
gigantic and about 5 feet taller. Jim True said that submitted building permits and
complied with zoning and those 4 units and were not created recently; they have
existed for a long time. Jasmine said if this is what is allowed in RMF she would
like P&Z to take another look at RMF dimensions sooner rather than later.
2
•
F,Yhihit D-
0
Regular City Planning & Zoning Meeting — Minutes March 20, 2012
Emzy Veazy III, public, said the thing that you were discussing earlier that you do
have a problem with City Council; City Council should respect P&Z much more
than it does. Emzy said P&Z might want to do is look at what other City Councils
do outside of the system and see what their relationship is with their governing
body in that way. Emzy said to put flexibility into your zoning and you won't be
stagnant.
Minutes:
MOTION: Bert Myrin moved to approve the minutes of January 31" seconded by
Jim DeFrancia. All in favor, APPROVED.
MOTION.- Bert Myrin moved to approve the minutes of February 7, 2012
seconded by Stan Gibbs. All in favor, APPROVED.
Conflicts of Interest
None stated.
Public Hearing:
Code Amendment — Downtown Zoning
U Erspamer opened the public hearing for the Downtown Zoning and asked for
notice. Jessica Garrow provided the notice.
Jessica said this was a public hearing for changes to the Commercial Core (CC)
and C- I zone districts; there was a lot of discussion during the AACP regarding
mass and scale throughout town. Council had raised a lot of concerns with things
that they adopted in the AACP; Council wanted to look at lower heights and looks
at floor areas in free market residential. Jessica said that the code amendments in
front of you deal with floor area for free market uses as well as heights. Right now
those zone districts allow a 28 foot height limit for 2 story elements and employee
housing to look at the same. Staff is proposing a 4 foot decrease in the max height
for 3 story elements in CC and C-1 zone districts. In the CC zone it would go from
42 feet down to a maximum of 38 feet and in C-1 it would go from the current 40
feet to a max of 36 feet. Staff is still purposing to have a range of heights because
that is important in the commercial design standards. Jessica utilized a power
point zoning map of the CC and C-1. Jessica said the code amendment proposes to
incorporate minimum floor to floor heights into the zone district so the commercial
design standards talk about a minimum floor to floor height on the first floor of 13
to 15 feet so that would include all the mechanical in the ceiling. Chris Bendon
said the CC is from Main Street to Durant; the west side is Monarch and the east
side is Hunter. C-1 is the one block between Hunter and Spring, Concept 600
3
F.Yhihit n-
Regular City Planning & Zoning Meeting — Minutes March 20, 2012
Building through Mezzaluna and just prior to the Aspen Square Building. Jessica
said they were proposing to go down to an 11 to 13 foot floor to floor in the C-1
Zone District and that is currently what is called for in the mixed zone district
within the commercial design. Staff is proposing a minimum 10 foot floor to floor
on the upper floors with a 9 foot floor to ceiling. Since there were these 2
calculations staff thought that it makes sense to go to just a floor to floor
calculation.
Jessica said the other change with height was roof top mechanical equipment so
right now any elevators or stairs are required to be setback 15 feet; we are
requiring a 20 foot setback from any street facing fagade for any roof top
mechanical equipment; solar, floor panels, duct work, fire exists, and elevator
overruns. That will help decrease the mass of buildings as you perceive it as a
pedestrian; that will help it to recede into the background.
Jessica said in terms of the floor area change is treated a little different in historic
and non -historic properties; right now in both zone districts you have a by right 25
to 1 for free market uses and you can go up to a .75 to 1 if you provide equal
amounts of affordable housing. Staff is proposing that historic buildings maintain
the existing by right 5 to 1 floor area with no ability to increase to .75. For non -
historic properties you would be able to do a .5 to 1 floor area for free market only
if you provide equal amounts of affordable housing; this is different than growth
management but it increases your affordable housing mitigation by more than 3
times.
Jessica stated that they held a focus group with some architects and planners to get
some of their feedback and were concerned about the lowering of heights to fit all
the systems in but it will become a challenge for them. Jessica said that they
suggested not including a floor to floor for upper floors and let the designers figure
that out and there were some concerns on the floor area changes because it
increases the amount of affordable housing that is going to go on parcels it might
push out office uses on that second floor so that is a trade-off that you have to
consider. Jessica stated that you could do a combination of on and off site
affordable housing. Chris said the space that is required between one level of the
floor and ceiling with pop ups on the ceiling.
Jessica distributed a color drawing of the heights downtown right now; there are a
lot of 2 story buildings on the malls with a lot of vegetation. Stan Gibbs asked if
the floors were sunken it really doesn't give you the perspective of a historic
El
• Exhibit D• • Regular City Planning & Zoning Meeting — Minutes March 20, 2012
building. Jessica replied that was addressed in the commercial design standards
and you are not allowed to do sunken buildings. Stan said you only see the first
floor of historic buildings with higher ceilings on the first floor and this was an
important feature that we want to maintain. Stan said that floor pitch was a lot
easier to specify; floor to floor.
Bert mentioned the 28 foot 2 story buildings and asked if anyone have built these
lately. Jessica replied not recently but we do see 2 story modules as part of some
of the buildings that come forward. Bert asked where the 10 foot floor to floor
came from. Jessica responded that Council directed staff to look at heights and
floor area; it constrains what can happen in a building and it created a conflict with
the commercial design standards. Bert said the overall reduction of height to
Council was lower. Chris said one of your goals to make a recommendation to
Council and that is your recommendation not based on where you predict Council
is going.
Jasmine asked on the roof top equipment if there is a limit on the amount of roof
top equipment that is allowed or the size of it; is there a limit on how big the
housing can be for an elevator. Chris replied there is a minimum of space needed
for the elevator. Jessica said the building department reviews the elevator.
Jasmine asked if we want the roof tops to be turned into recreational areas. Jessica
answered right now you are allowed to use your roof for mechanical equipment
and a roof deck but are required to have railings that have to meet the code in terms
of height; it has to have building code requirements. Chris said there were a lot of
considerations in the commercial design standards as for the look and feel as well
as height.
Bert said on the roof top section of the memo on page 7 does that include the roof
top railings like around Sandy's at the edge of the building and even though it is 4
clear railing they push stuff up against it and you can see it from so the clear railing
doesn't matter.
LJ Erspamer asked if this would change the value of a property. Chris said it
wasn't P&Z's job to review that. LJ asked if HPC weighed in on this. Jessica
replied that they worked with Sara. LJ asked if this applied to lodges. Jessica
answered this was just for the CC and C-1 Districts.
5
• FYhihit n- •
Regular City Planning & Zoning Meeting — Minutes March 20, 2012
Stan asked if there were max floor heights, what if somebody wanted to build a 40
floor first floor. Jessica responded that it was covered in the commercial design
standards but we are clarifying in the 13 to 15 foot range 15 foot is a maximum.
Public Comments:
1. Emzy Veazy III, public, stated that he didn't hear anything about the ADA,
America Disability Act, this city is delinquent on this for ADA. Emzy said
there could be building down 2 stories and that would allow the architects
have more leeway.
LJ closed the public comment portion of the hearing.
Bert said the resolution started on page 6 and he agreed with the maximum heights
on the ground floor. Stan said if there is the 10 foot limit and a 13 foot minimum
on the first floor that means that you can't build a 4 story building, which is a
change because right now with 9 feet you could get 4 stories with the 40 foot
height limit. Jessica said the 9 foot is a floor to ceiling. LJ said maybe we should
do what the architectural group said and just define the bottom floor and let them
design the rest of the building to a maximum height of 38 feet. Chris said there is a
big difference between a 7'/z foot ceiling and a 9 foot ceiling. Stan said we are
trying to have some diversity in height. Jessica suggested taking their suggestion
eliminating this discussion on the upper floors and the minimum of 13 feet on the
first story. The upper floors would have a minimum height limit of 9 feet floor to
ceiling.
Bert suggested a setback for railings at the height of the railing; move the railing 5
feet. Keith said why have a clear railing if you can't see through it. Jessica said
that right now the code requires a 50% transparency and it can be up to 42 inches.
MOTION: Bert Myrin moved to approve Resolution #006, series of 2012
recommending City Council amend the height and free market residential FAR in
the CC and C-1 zone district with conditions. Seconded by Jasmine Tygre. Roll
call vote: Stan Gibbs, yes; Keith Goode, yes; Jim DeFrancia, yes; Jasmine Tygre,
yes; Bert Myrin, yes and LJErspamer. All in favor, APPROVED 6-0.
Public Hearing:
The Code Amendment Process
:9
• Exhihit n: •
Regular City Planning & Zonin! Meeting — Minutes March 20, 2012
U Erspamer opened the public hearing for The Code Amendment Process. Chris
Bendon stated this is a code amendment to amend the way we do code
amendments and they way that it is done now is not working.
Chris said the detail language was that solved the problem that we never talked
about and struggle through that and there are recommendations from City Council
with very precise language, there is a recommendation from P&Z and it is in an
Ordinance format and that is when the public finds out at the first reading; the first
opportunity for the community to hear the concept and we are sitting there with
detailed language in front of everyone. Chris said instead of that we want to
reverse the whole thing; we want to have all those concept discussions as much as
we can with the public prior to initiating the code amendment; prior to getting into
the details. Chris said the question to council is do you want to pursue this code
amendment; it is less of a threat to the community. Chris said it includes some
things that staff does now that isn't codified; a private party can initiate a code
amendment but the Council needs to authorize that somehow; Council needs to
sponsor it. It maintains the authority for P&Z to initiate the Community
Development Director to initiate. Some things may not require a community input
phase; code clean up.
Stan Gibbs said from the perspective of P&Z they just change and don't review the
actual proposal for the code amendment. Chris replied that was the biggest change
that you are not involved as a Scribner but you are involved in providing policy
direction. Stan asked how other communities handle code amendments. Chris
responded that in some communities P&Z is not involved in code amendments
only Council. Stan said that Planning & Zoning was not about changing the rules
but enforcing the rules.
U asked if a citizen could bring it to petition and bring it to election. Chris said it
was in the Charter. U asked if this was a discretionary referral from Council.
Stan said if the last line was taken out of the memo on Exhibit B page 6; P&Z
voted that there would be a public process. Stan said that HPC should be included
with P&Z on the public process.
No public comments were stated.
U closed the public comments portion of the public hearing.
%I
Exhibit D:
Regular City Planning & Zoning Meeting — Minutes March 20, 2012
Jasmine said there was confusion in the steps outlined below and it should be steps
out lined in b.
Chris said the standards here address either amending the zone district map w they
have always been in the same chapter and have the same standards. Standards
either address a change in code or rezoning; we are separating the standards.
When the city annexes properties the city has 90 days to final rezoning or leave it
unzoned.
Jasmine said rezonings are being called amendment to the zone district map, which
is what it is but she wanted to call it zoning. Chris agreed.
MOTION: Jim DeFrancia moved to approve Resolution #7, series 2012
recommending City Council amend the process in the land use code and amend the
official zone district map with all of the amendments discussed, seconded by
Jasmine Tygre. Roll call vote: Keith Goode, yes; Stan Gibbs, yes; Bert Myrin,
yes; Jasmine Tygre, yes; Jim DeFrancia, yes; LJErspamer, yes. APPROVED 6-0.
The commissioners thanked Chris for the presentation.
Adjourned at 6:55 pm.
Jackie Lothian, Deputy City Clerk
n.
0
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
��A-o�, ( 2 p g.' v �,,�, 20�
STATE OF COLORADO )
ss.
County of Pitkin )
I, A4�g-,--2-x 6 �Z (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) of the Aspen 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 , 20_, 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)
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 /S day
of 20 ! Z, by
RE: Code A ' PLM M NO F
Land Use cppe yp OfNciel Zone hdrlct filep
will be helfd+bn RMonday, Aprilt2a 2012,tlo begin ic hearia
5:00 p.m. before the Aspen Cry Council, Council
Chambers. City Hall, 130 S. Galena St., Aspen, to
consider a code amendment to amend the review
Process for land use code amendments and
amendments to the one district map, also known
as rezonings. For further information, contact
Jessica Garrow at the City of Aspen Community
Development Department, 130 S. Galena St.,
Aspen, O 970.429.2780, (orusl. by email
iessica oarro
alMicfreel l_ relanE otnl
Aspen City Council
Published in the Aspen Times Weekly on March
15, 2012 [76703001
WITNESS MY HAND AND OFFICIAL SEAL
My commission • QIA
bA
1 �
• . Public
ATTACHMENTS AS APPLICABLE:
* COPY UrTHE PUBLICATION
* PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
* LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED
BY MAIL
* APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
0
MEMORANDUM
TO: Mayor and City Council
FROM: Jessica Garrow, Long Range Planner
Chris Bendon, Community Development Director
RE: First Reading of Ordinance It-, 2012, Amending the process for changing the
Land Use Code and the Official Zone District Map
MEETING DATE: March 26, 2012 (Public Hearing April 2, 2012)
SUMMARY:
City Council approved the Aspen Area Community Plan on February 27, 2012. Following the
adoption, they provided direction on implementation priorities, including requesting staff to
process a code amendment that would update and streamline the process for amending the Land
Use Code and the Official Zone District Map. The memo summarizes the code amendment,
with the specific language included in the attached Ordinance.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed code amendments.
LAND USE REQUESTS AND REVIEW PROCEDURES:
This meeting is to review potential changes to the process of amending the Official Zone District
Map and the Land Use Code. Pursuant to Land Use Code Section 26.310, City Council is the
final review authority following a recommendation from the Planning & Zoning Commission.
BACKGROUND & OVERVIEW:
As part of the implementation of the Aspen Area Community Plan (AACP), City Council has
directed Community Development staff to process an amendment to the way the Land Use Code
is amended. This is part of the same chapter outlining the process to update the Official Zone
District Map. Staff is proposing changes to both portions of the chapter n an effort to provide
additional clarity to both processes.
STAFF COMMENTS:
Based on feedback from City Council, staff is proposing a number of changes to the process for
amending the Land use Code and Official Zone District Map. A copy of specific proposed
language is attached in Exhibit B, and outlined below:
• Clarify the process to amend the Official Zone District Map (also known as Rezoning)
o Add language stating that initial zoning designations for annexed property is done
through the process outlined in the chapter.
o Update the review criteria to eliminate duplicative criteria.
o Provide more detail on the purpose, process, and noticing requirements for the
review.
Page 1 of 3
• Amend the process to amend the Land Use Code
o Update how a code amendment can be initiated. City Council must "endorse" any
amendment initiated by a private party, the P&Z, or the Community Development
Director.
o Add a public engagement requirement to the process. The first step of any code
amendment is to get feedback from interested parties, including HPC, P&Z, and
possible outside entities, on the general concept of the amendment. That feedback
is then used by City Council when they determine if a code amendment should be
"endorsed."
o Add an official "endorsement" of the concept. City Council must pass a
Resolution on the concept of the code amendment at a public hearing prior to
specific language being drafted. If a concept is "endorsed," staff would move
forward with working on specific language to implement the concept.
o Specific language is reviewed and approved by City Council by Ordinance.
AMENDMENTS TO THE OFFICIAL ZONE DISTRICT MAP: Staff is proposing minor amendments
to clarify the process to zone or re -zone a property. Currently, there is no language stating that
this chapter governs the review of providing initial zoning to a property annexed into the city.
Staff proposes adding language to clearly state that all zonings and rezonings are done in
accordance with the chapter. Staff is also proposing to provide greater clarity to the purpose of
the P&Z and City Council reviews of zonings and rezonings. Finally, staff proposes to
eliminate duplicative review criteria.
AMENDMENTS TO THE LAND USE CODE: City Council requested staff examine a way to
streamline the code amendment process. In the past, some code amendments have extended over
a period of months and years because the general concept is not supported by one of the groups
reviewing the amendment. Rather than beginning the process with specific language, there
would be a discussion about the general concept. This will enable P&Z, HPC, and the public to
comment on the idea of a code amendment rather than language. Staff believes this will speed
the process by enabling Council to vote early on in the process on whether or not to pursue a
concept.
Staff proposes to amend the initiation process to require City Council to endorse, through official
adoption of a Resolution at a public hearing, any amendment proposed by staff or P&Z.
REFERRAL COMMENTS:
The Planning and Zoning Commission is reviewing the proposal at their March 20, 2012 regular
meeting. The Council packet is due prior to that meeting, so staff will provide a verbal update of
their comments at first reading on March 26, 2012.
RECOMMENDATION:
Staff recommends approval of the proposed code amendments.
RECOMMENDED MOTION: (all motions are worded in the affirmative)
"I move to approve Ordinance No. 11 , Series of 2012, amending the process for amending the
land use code and amending the Official Zone District Map."
Page 2 of 3
ATTACHMENTS:
EXHIBIT A — Review Criteria and Staff Findings
EXHIBIT B — Draft P&Z Resolution
Page 3 of 3
ORDINANCE NO. 11
SERIES OF 2011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING THE PROCESS OF AMENDING THE LAND USE CODE AND THE
OFFICIAL ZONE DISTRICT MAP: 26.310, AMENDMENTS TO THE LAND USE CODE
AND OFFICIAL ZONE DISTRICT MAP, TO THE MUNICIPAL CODE OF THE CITY
OF ASPEN, COLORADO.
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen
Land Use Code, the City of Aspen City Council initiated amendments to the Land Use Code
related to the process of amending the Land Use Code and the Official Zone District Map;
and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the
Municipal Code shall be reviewed and recommended for approval, approval with conditions, or
denial by the Community Development Director and then by the Planning and Zoning
Commission at a public hearing. Final action shall be by City Council after reviewing and
considering these recommendations; and,
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to the City of Aspen Land Use Code Section 26.310, Amendments to the
Land Use Code and Official Zone District Map; and,
WHEREAS, during a duly noticed public hearing on March 20, 2012, the Planning and
Zoning Commission recommended that City Council approve amendments to the text of Section
26.310, Amendments to the Land Use Code and Official Zone District Map, as described herein,
by a - (_-_) vote; and,
WHEREAS, during a duly noticed public hearing on April 2, 2012, the City Council
took public testimony, considered pertinent recommendations from the Community Development
Director, and the Planning and Zoning Commission, and considered the proposal under the
applicable provisions of the Municipal Code as identified herein; and,
WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds
all the applicable standards and that the approval of the Code Amendments are consistent with the
goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the amendments to the Land Use Code are delineated as follows: Text
unaffected is black and in standard print and looks like this. Text being "effleyea is red A t-h
str-ikedweugh and looks like this. Text being added to the code is green with underline and looks
like this.; 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:
Section 1: Amendments to the Land Use Code and Official Zone District Man
26.310) — Amendments to the Land Use Code and Official Zone District Map, shall be amended
as follows:
Chapter 26.310
AMENDMENTS TO THE LAND USE CODE AND OFFICIAL ZONE DISTRICT MAP
See. 26.3 10.0 10 Purpose
Sec. 26.310.020 Amendments to the Land Use Code - Procedure for amendment
Sec. 26.310.030 Amendments to the Land Use Code — Application contents
Sec. 26.310.040 Amendments to the Land Use Code &standards of review €ef
amendments te the land use eede — Initiation
Sec. 26.310.050 Amendments to the Land Use Code standards of review — Adoption
Sec. 26.310.060 Amendments to the Official Zone District Map - Procedure for
amendment
Sec. 26.310.070 Initial Zoning for Annexed Properties
Sec. 26.310.080 Amendments to the Official Zone District Map — Application contents
Sec. 26.310.0930 Amendments to the Official Zone District Map — Standards of review €ef
amendments ta the Offleial Zone Distriet Map
Sec. 26.310.060100 Notation of Planning and Zoning Commission resolution on Official
Zone District Map
Sec. 26.310.8?0110 Recordation of designation
Sec. 26.310.QN120 Placement on City's Official Zone District Map
Sec. 26.310.0"130 Disputes about zoning of a property
Sec. 26.310.OWI40 Time limitations
See: 26.310.010. Purpose.
The purpose of this Chapter is to provide a means for amending the text of this Title the Land
Use Code) and the Official Zone District Mmap. It is not intended to relieve particular hardships
or confer special privileges or rights on any person or property.
See: 26.310.020. Amendments to the Land Use Code — Procedure for amendment.
A. General. An application for amendments to the Land Use Code
Map —ma) be initiated by
26.304.040 ity Council and shall be processed in accordance with the common
development review procedures set forth at Chapter 26.304 and the steps outlined below.
Citv Council may authorize a private party to submit a code amendment application. In such
case, the City Council shall determine the extent to which Step One is required (Steps Two and
Three are mandatory) and shall determine if the applicant shall pay review fees.
•
The Planning and Zoning Commission may initiate an amendment to the Land Use Code, as
provided for in Chapter 26.212, Planning and Zoning Commission. Initiation shall require the
adoption of a Resolution by the Planning and Zoning Commission. The Resolution shall be
forwarded to City Council for authorization to proceed through the process outlined herein. City
Council shall determine the extent to which Step One is required (SIMs Two and Three are
mandatory).
The Community Development Director may initiate an amendment to the Land Use Code, as
pro\ ided for in Chapter 26.210. Community Development Department. City Council shall
determine the extent to which Step One is required (Steps Two and Three are mandatory).
A,B. Steps Rr-equired: Unless initiated by the City Council in accordance with Subsection C�---- Formatted: Indent: Left: 0", First line: 0",
below, or unless additional steps are reg_uested by City Council, the review of a proposed text Numbered + Level: 1 li Numbering Style: A, 8,
C, ... + Start at: 1 +Alignment: Left +Aligned
amendment shall require three steps. at: 0.25' + Indent at: 0.63", Tab stops: Not at
OX
1. Step One - Community Input.
a. Purpose: To gather ideas, suggestions, comments, opinions, and recommendations -
from a wide range of participants to determine if an amendment to the text of the
Land Use Code should be pursued by the City Council.
b. Process: The Communitv Development Director shall seek input from a wide range of--.
community members through a variety of methods, which may include focus groups,
structured facilitated sessions, surveys, or other methods. The Director shall solicit
input from the Planning and Zoning Commission, the Historic Preservation
Commission, or other Boards of the City, as applicable. Depending on the nature of
the potential amendment, the Director may solicit input from business owners,
lodging operators, local architects and planners, organizations that may have an
interest in the topic, and the general public. The Director shall develop a summary of
the input methods used and comments received during this step.
c. Notice requirements: None.
4-2.Step One -Two - Public hearing before Planning eAd Zoning Gemmissi ity Council.
a. Purpose: To determine if
an amendment to the text of the Land Use Code should
be pursued.
b. Process: The Communitv Development Director shall present Citv Council with a
summary of comments received during Step One and a recommendation on whether
and how to amend the Land Use Code. The recommendation shall include proposed
objectives to be accomplished but need not include specific code sections or proposed
text. The recommendation shall include an analysis of the public policies of the City
to be advanced including, but not limited to, those stated in the Aspen Area
Formatted: Indent: Left: 0.5", Space After: 0
pt, Numbered + Level: 2 + Numbering Style: a,
b, c, ... + Start at: 1 + Alignment: Left +
Aligned at: 0.75" + Tab after: 1" + Indent at:
1", Tab stops: 0.75", List tab + Not at 1" +
1.28"
Formatted: Indent: Left: 0.5', Space After: 0
pt, Numbered + Level: 2 + Numbering Style: a,
b, c, ... + Start at: 1 + Alignment: Left +
Aligned at: 0.75' + Tab after: 1" + Indent at:
1", Tab stops: 0.75', List tab + Not at 1" +
1.28"
Formatted: Indent: Left: 0.5', Space After: 0
pt, Numbered + Level: 2 + Numbering Style: a,
b, c, ... + Start at: 1 + Alignment: Left +
Aligned at: 0.75" + Tab after: 1" + Indent at:
1", Tab stops: 0.75", List tab + Not at 1" +
1.28"
•
•
Community Plan. The Director may recommend options for consideration. The City
Council may request additional community engagement prior to a decision.
c. Standards of review: Section 26.310.040, Amendments to the Land Use Code
standards of review - Initiation
d. Form of decision: City Council shall decide to pursue an amendment to the Land Use
Code by resolution after considering the recommendation of the Community
Development Director and comments and testimony from the public at a duly noticed
public hearing. The resolution shall include the objective to be accomplished by the
code amendment but need not cite specific code sections or proposed text. The City
Council may elect to not amend the Land Use Code, which shall not require adoption
of a resolution.
&-e.Netiee requirements for a privately initiated amendment to the Offiaial Zone Discrie
Map: Publieation, mailing and posting (see Subparagraphs 26.304.06O.B.3.a., b. an
o+
Notice requirements for afl amendfrient to the Land Use Code: Publication pursuant
to Subsection 26.304.060.E.3.a. Publication of notice.
2-.3.Step Two -Three — Public Hearing before City Council.
Purpose: To determine if application meets standards for amendment to Bode -the text
of the Land Use Code
b. Process: The Community Development Director shall provide City Council with a
recommendation to amend the Land Use Code with proposed text to chapters and
sections.
c. Standards of review: Section 26.310.050, Amendments to the Land Use Code
standards of review - Adoption
d. Form of decision: City Council decision shall be by ordinance after considering the
recommendation of the Community Development Director and comments and
testimony from the public at a duly noticed public hearing. The ordinance shall
include the amended text of the Land Use Code by chapter and section.
.
WO
_ .. .. ... ...
•
•
Notice requirements; : Publication pursuant to
Subparagraph 26.304.060.E.3.a.. Publication of notice, in addition to the requisite
notice requirements for adoption of an ordinance by City Council.
9-.C. Emergency amendments to Land Use Code by City Council. Notwithstanding the
procedures for review set forth above and consistent with the authority of the City Council to
adopt emergency ordinances pursuant to Section 4.11 of the City Charter, for the preservation of
public property, health, peace or safety, the City Council may amend this Title in accordance
with the procedures set forth at Section 4.11 of the City Charter (Emergency ordinances). (Ord.
No. 27-2002, §6; Ord. No. 12, 2007, § 14)
See. 26.310.030.Amendments to the Land Use Code - Application contents.
A formal application is required prior to initiating Step Three of the code amendment process.
outlined above in Section 26.310.020(B)(3). Step Three - Public Hearing before City Council.
The application shall include:T"e development a.Beat•", f r afneadment to the text of •"
A. The general application information required in Section 26.304.030..4pplication and Fees.
B. A copy of the City Council resolution requesting the amendment and a brief summary of how
the proposed text meets the stated objectives of the amendment.
A C. A copy of the comments received during the Public Input phase.
$1) if the . plie...:e.. Fequests an affiendment . the te*t of this T:6e •The precise wording of
en. __proposed amendment.
proposed to be afneRded.
2. The area of the PfOpefl)'PFOpesed to be amended, stated in square feet e of
zraccivn--chcrcvr.
26.310.040. Amendments to the Land Use Code standards of review — Initiation
In reviewing a request to pursue an amendment to the text of this Title, per Section
26.310.020(BN2), Step Two — Public Hearing before City Council, the City Council shall
consider:
A. Whether there exists a community interest to pursue the amendment.
B. Whether the objectives of the proposed amendment furthers an adopted policy,
community goal, or objective of the City including, but not limited to, those stated in
the Aspen Area Community Plan.
C. Whether the objectives of the proposed amendment are compatible with the
community character of the City and in harmony with the public interest and the
purpose and intent of this Title.
See. 26.310.0540. Amendments to the Land Use Code Standards of review -
Adoption Standards of review for amendments te the land use eede.
In reviewing an application to amend the text of this Title, per Section
26.310.020(BX3), Step Three — Public Hearing before City Council, the City Council and the
planning and Zoning Commission shall consider:
B.A. Whether the proposed amendment is in conflict with any applicable portions of this Title.
EB. Whether the proposed amendment €mMerS an- adeptedachieves the policy, community
goal, or objective cited as reasons for the code amendment or achieves other public policy
objectives.
DX. Whether the proposed amendment
whedwf4t-is compatible with the community character of the City and is in harmony with the
public interest and the purpose and intent of this Title.
See. 26.310.0620. Amendments to the Official Zone District Map - Procedure for
amendment.
A. General. An application for amendments a Official Zone District
Map may be initiated b the Council, the Community Development Director, or a Person or
persons owning, more than fifty (50) percent of the area of land subject to the amendment by -the
and shall be
processed in accordance with the common development review procedures set forth at Chapter
26.304.
B. Steps required. Unless initiated by the Gity G... neil in aeeerdanee with cubseetion C
belew-The review of an application to amend the Official Zone District Map shall require two
(2) steps
1. Step One— Public hearing before Planning and Zoning Commission.
a. Purpose: To determine if the application meets standards for amendment to
Rode 0- to the Official Zone District Map and to provide a
recommendation to City Council.
b. Process: The Community Development Director shall provide the Planning
and Zoning Commission with a recommendation regardingthe he specific
request to amend the Official Zone District MV.
a:c. Standards of Review: Section 26.310.090, Amendments to the Official Zone
District Map - Standards of Review
l}d. Notice requirements for a privately initiated afnendment te the
Publication, mailing and posting (see
Subparagraphs 26.304.060.E.3.a., b. and c.)._ _or an
amendment to the Official Zone District Map initiated by the City:
P��", bl;eationf. notice shall also include mailing to prepeny vvners of property
that afe subject to the rezoning application at least fifteen (15) days prior to
the public hearing.
2. Step Two - Public Hearing before City Council.
a. Purpose: To determine if application meets standards for amendment to eede
texteEthe Official Zone District Map.
b. Process: The Community Development Director shall forward the
recommendation of the Planning and Zoning Commission and shall provide
the City Council with a recommendation to amend the Official Zone District
Man.
c. Standards of review: Section 26.310.090, Amendments to the Official Zone
District Map - Standards of Review
I}d.Form of decision: City Council decision shall be by Ordinance after
considerina the recommendations of the Community Development Director,
the Planning and Zoning Commission, and comments and testimony from the
public at a duly noticed public hearing,
e_Notice requirements
Distfie!-Map: Publication, mailing and posting (see -as provided for in
subparagraphs 26.304.060.E.3.a., b. and c., Public Notice - Publication of
notice, Posting_of notice, and Mailing of notice, in addition to the requisite
notice requirements for adoption of an ordinance by City Council).
0
•
NGtiee _or an amendment to the Official Zone District Map
initiated by the City: Publieatien, ., notice shall also include mailing to
prepeFty owners they efe--of property subject to the rezoning application at
least fifteen (15) days prior to the public hearing, in addition to the requisite
notice requirements for adoption of an ordinance by City Council.
26.310.070. Initial Zonine for Annexed Properties.
An application to establish the initial zoning for annexed property shall be reviewed according to
the standards and procedures of this Chapter.
Seer-26.310.0830. Amendments to the Official 'Lone District Map —Application
Contents.
The development application for a.V.o..,,...,,,•., i., the tem of this T:.'. ,._ an amendment to the
Official Zone District Map shall include:
A. The general application information required in Section 26.304.030..4ppiicalion and
Fees.
e:B_The present Zone District classification and existing land uses of the real property -
proposed to be amended.
4�C_The area of the property proposed to be amended, stated in square feet or acres
g-._An accurate survey map of the real property proposed for amendment. -
See-26.310.0950. Amendments to the Official Zone District Map standards of review.
Formatted: Space After: 0 pt, Numbered +
Level: 1 + Numbering Style: A, B, C, ... + Start
at: 1 + Alignment: Left + Aligned at: 0.38" +
Indent at: 0.75", Tab stops: Not at 1.28"
Formatted: Space After: 0 pt, Numbered +
Level: 1 + Numbering Style: A, B, C, ... + Start
at: 1 + Alignment: Left + Aligned at: 0.38" +
Indent at: 0.75", Tab stops: Not at 1.28"
Formatted: Space After: 0 pt, Numbered +
Level: 1 + Numbering Style: A, B, C, ... + Start
at: 1 + Alignment: Left + Aligned at: 0.38" +
Indent at: 0.75", Tab stops: Not at 1.28"
In reviewing an amendment to the Official Zone District Map, the City Council and the Planning
and Zoning Commission shall consider:
A. Whether the pFoposed amendment is in eanflietwith afi� applieable penions of this Title.
IAA. Whether the proposed amendment is compatible with surrounding zone districts and land
uses, considering existing land use and neighborhood characteristics.
W.B. Whether and the extent to which the proposed amendment would result in demands on
public facilities and whether and the extent to which the proposed amendment would
exceed the capacity of such public facilities including, but not limited to, transportation
facilities, sewage facilities, water supply, parks, drainage, schools and emergency medical
facilities.
&C. Whether and the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment.
F-.D. Whether the proposed amendment is consistent and compatible with the community
character in the City and in harmony with the public interest and the intent of this Title.
G. Whether thefe haNe been changed eanditions aff-ecting the subject pafeel or the surfeandifife
See. 26.310.0"100. Notation of Planning on Official
Zone District Map.
Within ten (10) da�-s of N. hen the Planning and Zoning adepts a Fesolutiail
Upon acceptance of an application for an
amendment to the Official Zone District Map, the Community Development Director shall make
a notation on the Official Zone District Map to show the pending amendment.
See-26.310.0-70110. Recordation of designation.
Upon the effective date of an act by the City Council approving a development application for an
amendment to the Official Zone District Map, the Community Development Director shall notify
the City Clerk of the designation, who shall record among the real estate records of the clerk and
recorder of the county, a certified copy of the ordinance. The ordinance shall include a legal
description of the property whose Zone District designation is changed by the amendment.
See.-26.310.080120. Placement on City's Official Zone District Map.
Upon the effective date of an act by the City Council approving a development application for an
amendment to the Official Zone District Map, the Community Development Director shall place
the amendment on the City's Official Zone District Map, which is kept in the Community
Development Department.
See. 26.310AU130. Disputes about zoning of a property.
In cases where there is a dispute as to the correct zoning of a property, the ordinance approving
or establishing the zoning shall be the final authority and not the Official. Zone District Map.
(Ord. No. 52-2003, § 4)
Sec-26.310.0%140. Time limitations.
Unless otherwise waived by City Council, the City shall not accept an application to amend the
Official Zone District Map, nor shall the City accept or initiate an application to amend the text
of the Land Use Code, which has been denied for a period of two years from the date of denial.
After a deeision or reeefameadatien denying a development &Ppli6atiffl feF an amendment te-the
text of this Title or to the Offle:..l Zone Pist..:et Map the City !`oune:l and the Planning
Zoning CaFAFAissien shall not eensidefi
A. Av...mc-.:.-app.-. o -amendmens for period
date of the aetion; e
text ef this Title that oonrt;t-tes an), other kind of afnefidmem of an), pan of the same land f6F a
period of one (1) yeaF ffom the date of the aetion,
C. The time lifnitatien ef this Subseetion may be waived by the majerity Yete of the City
development of the Gity.
Section 2: Effect Upon Existing Lineation.
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 3: Severability.
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 4: Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall
become effective thirty (30) days following final passage.
Section 5: Notice of Public Hearing.
A public hearing on this ordinance shall be held on the 2"d day of April, 2012, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130
S. Galena St., Aspen, Colorado, a minimum of fifteen 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.
FIRST READING OF THIS ORDINANCE WAS INTRODUCED, READ AND ORDERED
PUBLISHED as provided by law, by the City Council of the City of Aspen on the 261s day of
March, 2012.
ATTEST:
Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor
FINALLY, adopted, passed and approved this day of 120.
ATTEST:
Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor
Approved as to form:
James R True, City Attorney
•
•
Exhibit A: See. 26.310.040. Standards of review for amendments to the land use code.
In reviewing an amendment to the text of this Title, the City Council and the Planning and
Zoning Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this Title.
Staff Finding: This proposed amendment is consistent with the Land Use Code. It does not
amend any of the powers and duties of the City Council, P&Z, or the Community Development
Director, as outlined in Chapter 200. The proposed changes do not create a conflict with any
other provision of the Land Use Code. Staff finds this criterion is met.
A Whether the proposed amendment furthers an adopted policy, community goal, or objective.
Staff Finding: In conjunction with the adoption of the 2012 AACP, City Council has
established a set of goals for implementation of that guiding document. Those include updating
and streamlining the process of amending the Land Use Code. The proposed amendments are
consistent with that direction. In addition, staff believes this updated process will provide greater
public awareness and interaction on amendments to the land use code which supports the City's
goal of increasing predictability and transparency in the land use review process.
Staff finds this criterion is met.
C. Whether the proposed amendment would be in conflict with the public interest and whether it
is in harmony with the purpose and intent of this Title.
Staff Finding: Staff believes this amendment is consistent with the public interest and is in
harmony with the purpose and intent of the Land Use Code. Staff finds this criterion is- met.
Exhibit A Page 1 of 1
0
RESOLUTION No. _
(Series of 2012)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION,
ASPEN, COLORADO, RECOMMENDING CITY COUNCIL ADOPT CODE
AMENDMNETS RELATED TO AMENDNENTS TO THE LAND USE CODE AND
OFFICIAL ZONE DISTRICT MAP: 26.310, AMENDNENTS TO THE LAND USE
CODE AND OFFICIAL ZONE DISTRICT MAP
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of
Aspen Land Use Code, the City of Aspen City Council initiated amendments to the
Land Use Code related to the process of amending the Land Use Code and the Official
Zone District Map; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the Community Development Director and then by the
Planning and Zoning Commission at a public hearing. Final action shall be by City
Council after reviewing and considering these recommendations; and,
WHEREAS, the Community Development Director has recommended approval
of the proposed amendments to the City of Aspen Land Use Code Section 26.310,
Amendments to the Land Use Code and Official Zone District Map; and,
WHEREAS, during a duly noticed public hearing on March 20, 2012, the
Planning and Zoning Commission recommended that City Council approve amendments
to the text of Section 26.310, Amendments to the Land Use Code and Official Zone District
Map, as described herein, by a - L-j vote; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the
amendments meet or exceed all applicable standards pursuant to Chapter 26.310; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO THAT:
Section 1: Amending the Official Zone District Map
The Planning and Zoning Commission recommends City Council approve an amendment
to clarify the process to amend the Official Zone District Map (also known as Rezoning),
including eliminating duplicative review criteria, outlining a process for establishing
initial zoning for annexed properties, and more clearly outlining the purpose, process, and
noticing requirements.
Planning & Zoning Commission Reso # of 2012
Amendments to the Official Zone District Map and the Land Use Code
Page 1 of 2
Section 2: Amending the Land Use Code
The Planning and Zoning Commission recommends City Council approve an amendment
to amend the process for amending the Land Use Code as follows:
• Update how a code amendment can be initiated. City Council must "endorse" any
amendment initiated by a private party, the P&Z, or the Community Development
Director.
• Add a public engagement requirement to the process. The first step of any code
amendment is to get feedback from interested parties, including HPC, P&Z, and
possible outside entities, on the general concept of the amendment. That feedback is
then used by City Council when they determine if a code amendment should be
"endorsed."
• Add an official "endorsement" of the concept. City Council must pass a Resolution
on the concept of the code amendment at a public hearing prior to specific language
being drafted. If a concept is "endorsed," staff would move forward with working on
specific language to implement the concept.
• Specific language is reviewed and approved by City Council by Ordinance.
FINALLY, adopted and approved by the Planning and Zoning Commission this _ day of
, 2012.
APPROVED AS TO FORM:
James R. True, City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
PLANNING AND ZONING
COMMISSION:
LJ Erspamer, P&Z Chairman
Planning & Zoning Commission Reso # of 2012
Amendments to the Official Zone District Map and the Land Use Code
Page 2 of 2
Aspen nightclub ordered to lower volume, cons ' rons
http://www.aspendailynews.com/print/152267
Published on Aspen Daily News Online (http://www.aspendailynews.com)
Aspen nightclub ordered to lower volume, control patrons
Writer:
Chad Abraham
Byline:
Aspen Daily News Staff Writer
A judge on Friday ruled that an Aspen nightspot is violating its building covenants with loud music and
"annoying" activities, and granted a preliminary injunction to a neighbor who sued over the alleged
disturbances.
Joel Howard, the owner of the Silver Queen, located on Hyman Avenue, faces a "daunting challenge" to fit
the business into a mixed -use building, wrote Chief Judge James Boyd of the 9th Judicial District.
Howard, Silver Queen LLC and Geld LLC, the landlord entity for the building at 520 E. Hyman, are
defendants in the lawsuit brought by London resident Christopher Wright.
Wright sued in late December, alleging that "offensive activities" by Silver Queen and its patrons were
disrupting him and those to whom he rented one of the two condos he owns on the third floor.
Loud music, smoking in a common area and customers knocking on the condo's door late at night all
violate the building's covenants, the lawsuit says. Wright's units are accessed by the same stairs that Silver
Queen patrons use. The Silver Queen is located on the second floor of the building.
But Boyd, in the injunction order, wrote that in terms of noise and customer behavior, "nothing in the
evidence suggests Silver Queen is doing anything unusual or aggravating compared to any business whose
purpose is to attract crowds to a nightclub catering to those under age 35 who are transitioning from dinner
to [a] late -night dance club."
Boyd, citing the lease terms between Howard and Geld, notes the buildinghgnificant restrictive
covenants. To fit a nightclub into such a building "is the daunting challenge Silver Queen elected to
undertake," the ruling says. "Silver Queen undertook the challenge with prior knowledge of the restrictive
covenants, the potential conflict with third -floor occupants and the terms of its own lease."
In light of Boyd's ruling, Howard said Monday that he has removed sub -woofer speakers that were
emitting bass tones. The speakers were loud enough to cause the floor and bed in one of the upstairs
condos to vibrate, Boyd wrote.
Howard also said either he or an employee would monitor the common area and stairs outside the insular
business to ensure no one is smoking or bothering Wright or a renter. A doorman will likely be on the
ground floor outside the building, as well.
"I think having things pushed out to the public space [outside] instead of the common area will ultimately
help my business," Howard said, noting that the Silver Queen's obscure location helps its exclusivity. "But
turning down the music will ultimately hurt my business."
1 of 2 3/20/2012 3:51 PM
Aspen nightclub ordered to lower volume, control atrons • http://www.aspendailynews.com/print/i52267
Boyd wrote that Howard, before he opened the Silver Queen in 2010, attempted to address the risk of
excess noise, remodeling the space with "significant sound insulation."
In a March 2 hearing on the preliminary injunction motion, Wright, his wife and two Aspen visitors who
rented one of the condos on a short-term basis testified about their experiences. Also testifying were "two
area residents who occupied the residence for different weekends at plaintiff's request for the purpose of
monitoring the Silver Queen operation," the ruling says.
Boyd wrote that he found the testimony from all of them consistent and credible. Wright bought the two
condos in 2008 for $6.7 million.
"At its worst, the music makes it nearly impossible to sleep in the residence, particularly in the master
bedroom located immediately above the Silver Queen," the ruling says.
Besides the bass vibrating the floor and bed, the noise "also includes loud talking and screaming. _some
from the interior of the bar, some from the stairway and exterior area," Boyd wrote. "The level of noise
generally becomes disturbing around 10 or 10:30 p.m. and generally increases in intensity until the bar's
closing time of 2 a.m."
Attorneys for Howard and Geld have argued that the business has never been found to be in violation of
the city of Aspen's noise ordinances.
And Boyd said the defendants are correct in stating that building covenants do not "impose a requirement
that noise and music meet the subjective standard of any occupant ... no matter how sensitive or demanding
that occupant might be."
On the other hand, Boyd wrote, the building owners imposed limitations that are more restrictive than
those allowed under ci , law.
"Some evidence suggests the Silver Queen operates in compliance with Aspen's municipal noise
ordinance," the ruling says. "However, compliance with the municipal noise ordinance does not
demonstrate as a matter of law compliance with the restrictive covenants ... or with the terms of the lease."
Boyd ordered the defendants to cease allowing loud music or noise, including within the Silver Queen, that
"might tend to annoy or disturb the owners and occupants of the Wright space."
The order also preliminarily prohibits "the noxious, offensive or annoying activities of smoking, drinking
and the conareeation of noisv crowds that tend to annov the owners and occupants of the Wright space."
If Howard violates the terms of the injunction he could be held in contempt of court.
chad@aspendailynews.com
archive —date:
1 day
Source URL: http://www.aspendailynews.com/section/home/152267
2 of 2 3/20/2012 3:51 PM
•
•
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: r„
N Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
1 wi �•n �t..rc-�+ 2 0 Q y : 30021M, 20 12
STATE OF COLORADO )
ss.
County of Pitkin )
1, ,. ,,,'¢' ISL_ . (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) 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 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 , 20_, 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)
I
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.
s
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this /S day
of f ✓�;�r c.G� , 20 l Z, by,.
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
6101A GOA PQ 4' -0
N taryPublic
ATTACHMENTS AS APPLICABLE:
* COPY OF THE PUBLICATION
* PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
* LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED
BY MAIL
* APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
C_C sz , Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
PlvyNdc� -,n ' p
JC-y y�c20
�, �
STATE OF COLORADO )
ss.
County of Pitkin )
(name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that 1 have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
-11"
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
h-cight. Said notice was posted at least fifteen (15) days prior to the public hearing
and was continuously visible from the _ day of , 20_, 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)
1
P 1JBlIC NOTICE
RE: Code A//�nendment . Amendments to the
Land Use Cope and Official Zone District Map
NOTICE IS HEREBY GIVEN that a Public hearing
will be heldbn Monday, April 21 2012, to begin at
5:00 p.m. before the Aspen City Council, Council
ChanU,a, City Hall, 130 S. Galena St., Aspen, to
consider a code amendment to amend the row+
process for land use code amend.,ients and
amendments to the zone district map, also known
as rezonings. For further information, contact
Jessica Garrow at the City of Aspen Community
Development Department, 130 S. Galena St.,
Aspen, CO 970.429.2780, (or by email
i&Ss a ganow®ci asoen ),
slMichael Ireland Ma, or
Aspen City Council
Published in the Aspen Times weekly on March
15, 2012 [76703001
MEMORANDUM
TO: City of Aspen Planning and Zoning Commission
FROM: Jessica Garrow, Long Range Planner
Chris Bendon, Community Development Director
RE: Amending the process for changing the Land Use Code and the Official Zone
District Map
MEETING DATE: March 20, 2012
SUMMARY:
P&Z is being asked to provide comments on a proposed code amendment that would update the
process for amending the Land Use Code and the Official Zone District Map.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed code amendments.
LAND USE REQUESTS AND REVIEW PROCEDURES:
This meeting is to review potential changes to the process of amending the Official Zone District
Map and the Land Use Code. Pursuant to Land Use Code Section 26.310, Cily Council is the
final review authority following a recommendation from the Planning & Zoning Commission.
BACKGROUND & OVERVIEW:
As part of the implementation of the Aspen Area Community Plan (AACP), City Council has
directed Community Development staff to process an amendment to the way the Land Use Code
is amended. This is part of the same chapter outlining the process to update the Official Zone
District Map. Staff is proposing changes to both portions of the chapter n an effort to provide
additional clarity to both processes.
STAFF COMMENTS:
Based on feedback from City Council, staff is proposing a number of changes to the process for
amending the Land use Code and Official Zone District Map. A copy of specific proposed
language is attached in Exhibit B, and outlined below:
• Clarify the process to amend the Official Zone District Map (also known as Rezoning)
o Add language stating that initial zoning designations for annexed property is done
through the process outlined in the chapter.
o Update the review criteria to eliminate duplicative criteria.
o Provide more detail on the purpose, process, and noticing requirements for the
review.
• Amend the process to amend the Land Use Code
Page 1 of 2
o Update how a code amendment can be initiated. City Council must "endorse" any
amendment initiated by a private party, the P&Z, or the Community Development
Director.
o Add a public engagement requirement to the process. The first step of any code
amendment is to get feedback from interested parties, including HPC, P&Z, and
possible outside entities, on the general concept of the amendment. That feedback
is then used by City Council when they determine if a code amendment should be
"endorsed."
o Add an official "endorsement' of the concept. City Council must pass a
Resolution on the concept of the code amendment at a public hearing prior to
specific language being drafted. If a concept is "endorsed," staff would move
forward with working on specific language to implement the concept.
o Specific language is reviewed and approved by City Council by Ordinance.
AMENDMENTS TO THE OFFICIAL ZONE DISTRICT MAP: Staff is proposing minor amendments
to clarify the process to zone or re -zone a property. Currently, there is no language stating that
this chapter governs the review of providing initial zoning to a property annexed into the city.
Staff proposes adding language to clearly state that all zonings and rezonings are done in
accordance with the chapter. Staff is also proposing to provide greater clarity to the purpose of
the P&Z and City Council reviews of zonings and rezonings. Finally, staff proposes to
eliminate duplicative review criteria.
AMENDMENTS TO THE LAND USE CODE: City Council requested staff examine a way to
streamline the code amendment process. In the past, some code amendments have extended over
a period of months and years because the general concept is not supported by one of the groups
reviewing the amendment. Rather than beginning the process with specific language, there
would be a discussion about the general concept. This will enable P&Z, HPC, and the public to
comment on the idea of a code amendment rather than language. Staff believes this will speed
the process by enabling Council to vote early on in the process on whether or not to pursue a
concept.
Staff proposes to amend the initiation process to require City Council to endorse, through official
adoption of a Resolution at a public hearing, any amendment proposed by staff or P&Z.
RECOMMENDATION:
Staff recommends approval of the proposed code amendments.
RECOMMENDED MOTION: (all motions are worded in the affirmative)
"I move to approve Resolution No. , Series of 2012, recommending City Council amend the
process for amending the land use code and amending the Official Zone District Map."
ATTACHMENTS:
EXHIBIT A — Review Criteria and Staff Findings
EXHIBIT B — Proposed Changes
Page 2 of 2
RESOLUTION No. _
(Series of 2012)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION,
ASPEN, COLORADO, RECOMMENDING CITY COUNCIL ADOPT CODE
AMENDMNETS RELATED TO AMENDNENTS TO THE LAND USE CODE AND
OFFICIAL ZONE DISTRICT MAP: 26.310, AMENDNENTS TO THE LAND USE
CODE AND OFFICIAL ZONE DISTRICT MAP
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of
Aspen Land Use Code, the City of Aspen City Council initiated amendments to the
Land Use Code related to the process of amending the Land Use Code and the Official
Zone District Map; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the Community Development Director and then by the
Planning and Zoning Commission at a public hearing. Final action shall be by City
Council after reviewing and considering these recommendations; and,
WHEREAS, the Community Development Director has recommended approval
of the proposed amendments to the City of Aspen Land Use Code Section 26.310,
Amendments to the Land Use Code and Official Zone District Map; and,
WHEREAS, during a duly noticed public hearing on March 20, 2012, the
Planning and Zoning Commission recommended that City Council approve amendments
to the text of Section 26.310, Amendments to the Land Use Code and Official Zone District
Map, as described herein, by a - L-j vote; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the
amendments meet or exceed all applicable standards pursuant to Chapter 26.310; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO THAT:
Section 1: Amending the Official Zone District Map
The Planning and Zoning Commission recommends City Council approve an amendment
to clarify the process to amend the Official Zone District Map (also known as Rezoning),
including eliminating duplicative review criteria, outlining a process for establishing
initial zoning for annexed properties, and more clearly outlining the purpose, process, and
noticing requirements.
Planning & Zoning Commission Reso # of 2012
Amendments to the Official Zone District Map and the Land Use Code
Page 1 of 2
0 - 0
Section 2: Amending the Land Use Code
The Planning and Zoning Commission recommends City Council approve an amendment
to amend the process for amending the Land Use Code as follows:
• Update how a code amendment can be initiated. City Council must "endorse" any
amendment initiated by a private party, the P&Z, or the Community Development
Director.
• Add a public engagement requirement to the process. The first step of any code
amendment is to get feedback from interested parties, including HPC, P&Z, and
possible outside entities, on the general concept of the amendment. That feedback is
then used by City Council when they determine if a code amendment should be
"endorsed."
• Add an official "endorsement" of the concept. City Council must pass a Resolution
on the concept of the code amendment at a public hearing prior to specific language
being drafted. If a concept is "endorsed," staff would move forward with working on
specific language to implement the concept.
• Specific language is reviewed and approved by City Council by Ordinance.
FINALLY, adopted and approved by the Planning and Zoning Commission this _ day of
, 2012.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
James R. True, City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
LJ Erspamer, P&Z Chairman
Planning & Zoning Commission Reso # of 2012
Amendments to the Official Zone District Map and the Land Use Code
Page 2 of 2
Exhibit A: Sec. 26.310.040. Standards of review for amendments to the land use code.
In reviewing an amendment to the text of this Title, the City Council and the Planning and
Zoning Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this Title.
Staff Finding: This proposed amendment is consistent with the Land Use Code. It does not
amend any of the powers and duties of the City Council, P&Z, or the Community Development
Director, as outlined in Chapter 200. The proposed changes do not create a conflict with any
other provision of the Land Use Code. Staff finds this criterion is met.
A Whether the proposed amendment furthers an adopted policy, community goal, or objective.
Staff Finding: In conjunction with the adoption of the 2012 AACP, City Council has
established a set of goals for implementation of that guiding document. Those include updating
and streamlining the process of amending the Land Use Code. The proposed amendments are
consistent with that direction. In addition, staff believes this updated process will provide greater
public awareness and interaction on amendments to the land use code which supports the City's
goal of increasing predictability and transparency in the land use review process.
Staff finds this criterion is met.
C. Whether the proposed amendment would be in conflict with the public interest and whether it
is in harmony with the purpose and intent of this Title.
Staff Finding: Staff believes this amendment is consistent with the public interest and is in
harmony with the purpose and intent of the Land Use Code. Staff finds this criterion is met.
Exhibit A Page 1 of 1
Chapter 26.310
AMENDMENTS TO THE LAND USE CODE AND OFFICIAL ZONE DISTRICT MAP
Sec. 26.3 10.0 10
Purpose
Sec. 26.310.020
Amendments to the Land Use Code - Procedure for amendment
Sec. 26.310.030
Amendments to the Land Use Code - Application contents
Sec. 26.310.040
Amendments to the Land Use Code Sstandards of review €ef
to the land use eade - Initiation
Sec. 26.310.050
Amendments to the Land Use Code standards of review - Adoption
Sec. 26.310.060
Amendments to the Official Zone District Mat)- Procedure for
amendment
Sec. 26.310.070
Initial Zoning for Annexed Properties
Sec. 26.310.080
Amendments to the Official Zone District Map - Application contents
Sec. 26.310.09-50
Amendments to the Official Zone District Map - Standards of review €eF
Sec. 26.310.060100 Notation of Planning and Zoning Commission resolution on Official
Zone District Map
Sec. 26.310.070110 Recordation of designation
Sec. 26.310.090120 Placement on City's Official Zone District Map
Sec. 26.310.083130 Disputes about zoning of a property
Sec. 26.310.OW140 Time limitations
See: 26.310.010. Purpose.
The purpose of this Chapter is to provide a means for amending the text of this Title the Land
Use Code) and the Official Zone District Mfnap. It is not intended to relieve particular hardships
or confer special privileges or rights on any person or property.
See-26.310.020. Amendments to the Land Use Code - Procedure for amendment.
A. General. An application for amendments to the Land Use Code OF the Offleia' ZORe DiStfie
Map --may be initiated byand deeis:,,.,_mak:Rg bodies identified inseer:
26.304.040 ity Council and shall be processed in accordance with the common
development review procedures set forth at Chapter 26.304 and the steps outlined below.
City Council may authorize a private party to submit a code amendment application. In such
case, the City Council shall determine the extent to which Step One is required (Steps Two and
Three are mandatory) and shall determine if the applicant shall pay review fees.
The Planning and Zoning Commission may initiate an amendment to the Land Use Code. as
provided for in Chapter 26.212, Planning and Zoning Commission. Initiation shall require the
adoption of a Resolution by the Planning and Zoning Commission. The Resolution shall be
forwarded to City Council for authorization to proceed through the process outlined herein. City
Council shall determine the extent to which Step One is required (Steps Two and Three are
mandatory).
Page 1 of 9
The Community Development Director may initiate an amendment to the Land Use Code, as
provided for in Chapter 26.210, Community Development Department. City Council shall
determine the extent to which Step One is required (Steps Two and Three are mandatory).
B. Steps Rfequired: Unless initiated by the City Council in accordance with Subsection C- ------ Formatted: Indent: Left: 0"
below, or unless additional steps are requested by City Council, the review of a proposed text
amendment shall require three steps.
1. Step One — Community Input.
a. Purpose: To gather ideas, suggestions, comments, opinions, and recommendations -
from a wide range of participants to determine if an amendment to the text of the
Land Use Code should be pursued by the Ci!X Council.
b. Process: The Community Development Director shall seek input from a wide range of -
community members through a variety of methods, which may include focus groups,
structured facilitated sessions, surveys, or other methods. The Director shall solicit
input from the Planning and Zoning Commission, the Historic Preservation
Commission, or other Boards of the City, as applicable. Depending on the nature of
the potential amendment. the Director may solicit input from business owners,
lodging operators, local architects and planners, organizations that may have an
interest in the topic, and the general public. The Director shall develop a summary of
the input methods used and comments received duringthis step.
c. Notice requirements: None.
4-.2 Step 9Lte-Two —Public hearing before Planning and Zening Gemmissi itv Council.
Purpose: To determine if
an amendment to the text of the Land Use Code should
be pursued.
b. Process: The Community Development Director shall present City Council with a
summary of comments received during Step One and a recommendation on whether
and how to amend the Land Use Code. The recommendation shall include proposed
objectives to be accomplished but need not include specific code sections or proposed
text. The recommendation shall include an analysis of the public policies of the City
to be advanced including, but not limited to, those stated in the Aspen Area
Community Plan. The Director may recommend options for consideration. The City
Council may request additional community engagement prior to a decision.
c. Standards of review: Section 26.310.040, Amendments to the Land Use Code
standards of review - Initiation
Page 2 of 9
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at: 1 + Alignment: Left + Aligned at: 0.75" +
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at: I + Alignment: Left + Aligned at: 0.75" +
Tab after: 1" + Indent at: 1", Tab stops:
0.75", List tab + Not at 1"
d. Form of decision: City Council shall decide to pursue an amendment to the Land Use
Code by resolution after considering the recommendation of the Community
Development Director and comments and testimony from the public at a duly noticed
public hearing. The resolution shall include the objective to be accomplished by the
code amendment but need not cite specific code sections or proposed text. The City
Council may elect to not amend the Land Use Code, which shall not require adoption
of a resolution.
laic.
Map
� .
Notice requiremen S fOF an amendment to the Land Use Code: Publication pursuant
to Subsection 26.304.060.E.1a, Publication of notice.
13.Step Twe-Three — Public Hearing before City Council.
a. Purpose: To determine if application meets standards for amendment to eede the text
of the Land Use Code or Offleial Zone Distriet Map.
b. Process: The Community Development Director shall provide City Council with a
recommendation to amend the Land Use Cade with proposed text to chapters and
sections.
c. Standards of review: Section 26.310.050. Amendments to the Land Use Code
standards of review - Adoption
d. Form of decision: City Council decision shall be by ordinance after considering the
recommendation of the Communitv Development Director and comments and
testimony from the public at a duly noticed public hearing. The ordinance shall
include the amended text of the Land Use Code by chapter and section.
c-r.
COURetl).
plieatien at least fifteen (15) days P the ..ublie heaFiRg addition . the
Page 3 of 9
Notice requirements f,__ an ame. d ffiew to i"e ' -and Use Code: Publication pursuant to
Subparagraph 26.304.060.E.3.a.. Publication of notice, in addition to the requisite
notice requirements for adoption of an ordinance by City Council.
C. Emergency amendments to Land Use Code by City Council. Notwithstanding the
procedures for review set forth above and consistent with the authority of the City Council to
adopt emergency ordinances pursuant to Section 4.11 of the City Charter, for the preservation of
public property, health, peace or safety, the City Council may amend this Title in accordance
with the procedures set forth at Section 4.11 of the City Charter (Emergency ordinances). (Ord.
No. 27-2002, §6; Ord. No. 12, 2007, § 14)
See. 26.310.030.Amendments to the Land Use Code - Application contents.
A formal application is required prior to initiating Step Three of the code amendment process,
outlined above in Section 26.310.020(B)(3). Step Three - Public Hearing before City Council.
The application shall include: he de%-elepment appheation feF afnendment te the of .":
Title. -or ffnemdment to the Offleial Zane- Distriet Map shall inel+Kle-
A_The general application information required in Section 26.304.030. Application and Fees.
B. A copy of the City Council resolution requesting the amendment and a brief summary of how
the proposed text meets the stated objectives of the amendment.
A-.C. A copy of the comments received during the Public Input phase.
WD "'" r. .; FeqUeStS AM. , - to" .e of this Title. 'The precise wording of
a�the proposed amendment.
a " nca l & n M
E. 1 the8�if68�i9t�Fe�tieSES-2ii-arnc;-nn;rc„c'�v^-ttr@-vznviurcvir'c-vi�i$; ci-�.ns
1 The Zone Dist- elassWieatie., and istiR.. land of the eel
.. ...., f.re,.n... �.v..., raw:. .as c, e
PFOpesed to he amended.
2. The area of the pf;apefty pFopesed to he A ended. stated in square feet er R
€ aetien there-6
26.310.040. Amendments to the Land Use Code standards of review - Initiation
In reviewing a request to pursue an amendment to the text of this Title, per Section
26.310.020(B)(2), Step Two - Public Hearing before City Council, the City Council shall
consider:
A. Whether there exists a community interest to pursue the amendment.
Page 4 of 9
B. Whether the obiectives of the proposed amendment furthers an adopted policy,
community goal, or objective of the City including. but not limited to, those stated in
the Aspen Area Community Plan.
C. Whether the objectives of the proposed amendment are compatible with the
community character of the City and in harmony with the public interest and the
purp.ose and intent of this Title.
See—.26.310.0540. Amendments to the Land Use Code Standards of review -
Adoption .
In reviewing an application to amend the text of this Title, per Section
26.310.020(B)(3), Step Three — Public Hearing before City Council, the City Council al;d the
shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this Title.
B. Whether the proposed amendment €ttnher-s an- adeptedachieves the policy, community goal,
or objective cited as reasons for the code amendment or achieves other public policy objectives.
C. Whether the proposed amendment
is compatible with the community character of the City and is in harmony with the public interest
and the purpose and intent of this Title.
See-26.310.0620. .amendments to the Official Zone District Map - Procedure for
amendment.
A. General. An application for amendments the Official Zone District
Map may be initiated by the City Council, the Community Development Director, or a person or
persons owning more than fifty (50) percent of the area of land subject to the amendment by4he
and shall be
processed in accordance with the common development review procedures set forth at Chapter
26.304.
B. Steps required:
below, The review of an application to amend the Official Zone District Map shall require two
(2) step
1. Step One— Public hearing before Planning and Zoning Commission.
a. Purpose: To determine if the application meets standards for amendment to
eede text OF to the Official Zone District Map and to provide a
recommendation to City Council.
b_ . Process: The Community Development Director shall provide the Planning
and Zoning Commission with a recommendation regarding the specific
request to amend the Official Zone District Map.
Page 5 of 9
a{. Standards of Review: Section 26.310.090, Amendments to the Official Zone
District Map - Standards of Review
4*.d. Notice requirements
Offieial Zone Distriet Map: Publication, mailing and posting (see
Subparagraphs 26.304.060.E.3.a., b. and c.)._ _or an
amendment to the Official Zone District Map initiated by the City:
ie giea-,, notice shall also include mailing to prepeA)'owners of property
that ere subject to the rezoning application at least fifteen (15) days prior to
the public hearing.
2. Step Two - Public Hearing before City Council.
a. Purpose: To determine if application meets standards for amendment to e0de
te*t-enhe Official Zone District Map.
b. Process: The Community Development Director shall forward the
recommendation of the Planning and Zoning Commission and shall provide
the City Council with a recommendation to amend the Official Zone District
Man.
c. Standards of review: Section 26.310.090, Amendments to the Official Zone
District Map - Standards of Review
"Yorm of decision: City Council decision shall be by Ordinance after
considering the recommendations of the Community Development Director,
the Planning and Zoning Commission, and comments and testimony from the
public at a duly noticed public hearing.
e_Notice requirements for. a initiated amendment te the Offleial Zone
Distriet Map: Publication, mailing and posting (see -as provided for in
subparagraphs 26.304.060.E.3.a., b. and c., Public Notice - Publication of
notice, Posting of notice, and Mailingof notice, in addition to the requisite
notice requirements for adoption of an ordinance by City Council;.
Netiee _or an amendment to the Official Zone District Map
initiated by the City: D '�-'.�~, , notice shall also include mailing to
downers that are -of property subject to the rezoning application at
least fifteen (15) days prior to the public hearing, in addition to the requisite
notice requirements for adoption of an ordinance by City Council.
Page 6 of 9
26.310.070. Initial Zonine for Annexed Properties.
An application to establish the initial zoning for annexed property shall be reviewed according to
the standards and procedures of this Chapter.
see. 26.310.0830. Amendments to the Official Zone District Map - Application
Contents.
The development application for-Anie.,drnent to thete*t of this Title Ar an amendment to the
Official Zone District Map shall include:
A. The general application information required in Section 26.304.030, Application and
Fees.
4-.B_The present Zone District classification and existing land uses of the real property -
proposed to be amended.
SC_The area of the property proposed to be amended, stated in square feet or acres— a-
6-.D. An accurate survey map of the real property proposed for amendment.
see. 26.310.09s0. Amendments to the Official Zone District Map standards of review.
In reviewing an amendment to the Official Zone District Map, the City Council and the Planning
and Zoning Commission shall consider:
1�A. Whether the proposed amendment is compatible with surrounding zone districts and land
uses, considering existing land use and neighborhood characteristics.
Page 7 of 9
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at: 0.75"
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Numbering Style: A, B, C, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.38" + Indent
at: 0.75"
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Numbering Style: A, B, C, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.38" + Indent
at: 0.75"
W.B. Whether and the extent to which the proposed amendment would result in demands on
public facilities and whether and the extent to which the proposed amendment would
exceed the capacity of such public facilities including, but not limited to, transportation
facilities, sewage facilities, water supply, parks, drainage, schools and emergency medical
facilities.
E-C_. Whether and the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment.
F-.D. Whether the proposed amendment is consistent and compatible with the community
character in the City and in harmony with the public interest and the intent of this Title.
;S i-A. h—A-W.-AMBA5 with the purpose and insont Af this Title.
gee-26.310.060100. Notation of Planning and Zoning Commission reselut on Official
Zone District Map.
['pon acceptance of an application for an
amendment to the Official Zone District Map, the Community Development Director shall make
a notation on the Official Zone District Map to show the pending amendment.
See. 26.310.070110. Recordation of designation.
Upon the effective date of an act by the City Council approving a development application for an
amendment to the Official Zone District Map, the Community Development Director shall notify
the City Clerk of the designation, who shall record among the real estate records of the clerk and
recorder of the county, a certified copy of the ordinance. The ordinance shall include a legal
description of the property whose Zone District designation is changed by the amendment.
See. 26.310.080120. Placement on City's Official Zone District Map.
Upon the effective date of an act by the City Council approving a development application for an
amendment to the Official Zone District Map, the Community Development Director shall place
the amendment on the City's Official Zone District Map, which is kept in the Community
Development Department.
See-26.310.085130. Disputes about zoning of a property.
In cases where there is a dispute as to the correct zoning of a property, the ordinance approving
or establishing the zoning shall be the final authority and not the Official Zone District Map.
(Ord. No. 52-2003, § 4)
See= 26.310.0%110. Time limitations.
Page 8 of 9
Unless otherwise waived -by City Council, the City shall not accept an application to amend the
Official Zone District Map, nor shall the City accept or initiate an application to amend the text
of the Land Use Code, which has been denied for a period of two years from the date of denial.
tewt A f shk Title OF tO the /I44:,.:,,1 ZRAP ll:..tFi et M&P thO CA5' !`..,..,,.:I .,,a the plan,.:,.,.
Page 9 of 9
•
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File Edit Record Navigate Form Reports Format Tab Help
rn ?- - Zoa - AsUA
Routing Status Fees Fee Summary I Main Actions Attachments Routing History Valuation Archf Eng Custom Fields Sub Permits 1
Permit type aslu Aspen Land Use Pemi # 0012.2012.ASLU
°o fress 1130 S GALENA Aptf Suite CITY HALL
lCity ASPEN State = zip 81 fi11
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x Permit Information
o Master perm Routing queue aslu07 Applied I1K,012
ZProject 5 pending Approved
Descriptbn APPLICATION FOR LAND USE - CODE AMENDMENT PROCESS Issued
Closedf Final
I
Submitted CITY HALL - JESSICA GARROW Clods EH Days ❑0 Expires 3,+1 t?013
Submitted via
Owner
Last name CITY OF ASPE= First name CII , Y HALL 130 S GALENA
ASPEN CO 81611
Phone () - Address
Applicant
0 Owner is applicant? L] Contractor is applicant?
Last name CITY OF ASPEN I First name CITY HALL 130 S GALENA
Phone ( ) Cust # 28789 Address ASPEN CO 81611
I Lender
Last name First name
Phone () Address
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Aspenk& (server) angelas _ 1 of 1
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