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HomeMy WebLinkAboutcoa.lu.ca.0012.2012.ASLU 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 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 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). B. Steps Required: 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. 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 band 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 Tti o 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 26310.020(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. c. 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 e. Notice requirements: Publication, mailing and posting as provided for in subparagraphs 26.304.060.E.3.a.. b. and e., 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. 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 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. 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°� 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. 1')0 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: y x' Kathryn S. o ,tity Clerk Michael C. Ireland ayor FINALLY,adopted,passed and approved this 2nd day of April,2012. ATTEST: .'0 *Kathryn ch, City Clerk Michae C. reland, ayor Approved as to form: . awes R True,City Attorney Ordinance 11,Series 2012, Code Amendment Process Page 9 of 9 7715314 G 14 )alb Ad Ticket#5 Acct: 1013028 Name: Aspen (LEGALS) City of Phone: (970)920-5064 Address: 130 S Galena St E-Mail: Client: Caller: Kathryn Koch City/: Aspen Receipt State: CO zip: 81611 Ad Name: 7715314A Original Id: 0 Editions: 8ATI/8ATW/ Class: 0990 Start: 03/29/12 Stop: 03129/12 Color: Issue 1 Copyline: atw Ordinance 11 Rep: AT Legals LEGAL NOTICE 20 ORDINANCE #11, 2012 PUBLIC HEARING Lines: Ordinance 411 . Series of 2012. was adopted on Depth: 1,68 first reading at the City Council meeting March 26. 2012. This ordinance, if adopted, will amend the Columns: 1 process with which to amend the land use code. The public hearing on this ordinance is scheduled Discount: 0.00 for April 2. 2012 at 5 PM. City hall. 130 South Commission: 0.00 Galena. Net: 0.00 To see the entire text. go to the city's legal notice website Tax: 0.00 /7ttp•llwww asi2enpitkin comlDe ap rtaients/Clerkl Legal-Notices/ Total '' If you would like a copy FAXed or e-mailed to you. Payment 0.00 call the city clerk's office. 429-2686. Published in the Aspen Times Weekly on March 29. 2012. (7715314] Ad shown is not actual print size 7715314 PROOF OF PUBLICATION STATE OF COLORADO,COUNTY OF PITKIN I,Jenna Weatherred,do solemnly swear that I am a Publisher of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein-, that said newspaper has been published LEGA_i NpMeE continuously nd uninterruptedly in said Count of Pitkin for period of ORDINANCE xr17,2072 Pu9uC REARING y p y Y P fiCrsf readin x11 Series of 2012,was adopted on more than fifty-two consecutive weeks next prior to the first publication of 2012. This ordinance,-)l xy lemde w jl liter he 1 Process with which to amend the land use code. the annexed legal notice or advertisement. The Public hearing on this ordinance is scheduled " for April 2,2012 at 5 PM,City hall,130 South Galena. That the annexed legal notice or advertisement was published in the regular To see the entire teMe„�Drys legs,notice .' and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions-,and that the first publication of said notice was in'the I��the Would like once,a2s zd see males to ro issue of said newspaper dated 3/29/2012 and that the last publication Published in the Aspen Times Weekly 3/29/2012 of said notice was in the issue of said newspaper dated . 29.2012.[7715314) on March In witness whereof,I have here unto set my hand this 19th day of April, 2012. Jenna Wea herred,Publisher Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado 19`h day of April, 2012. OR/(,F •. 9 NOTg2y to Mary E.Borkenhagen,Notary Public My Commission expires:September 12, 2015 y . pUBLIC :O �F .........- Po 0F C01.0� till" N'r Aspen(LEGALS)City of ti 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) • Add language stating that initial zoning designations for annexed property is done through the process outlined in the chapter. • 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 • 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 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 being r-efHa ed is red with spree;gig and loafs li key—Test 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 11 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 Map 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 See.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 Sttandards of review€ef a eats to the land use add-—Initiation Sec 26.3 10 050 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 26.3 10.080 Rezoning—Application contents Sec.26.310.0930 Rezoning—Standards of review for amendments to the O ffleial Sec.26.310.960100 Notation of Planning and Zoning Commission resolution on Official Zone District Map Sec.26.310.0110 Recordation of designation Sec.26.310.080120 Placement on City's Official Zone District Map Sec.26.310.083130 Disputes about zoning of a property Sec.26.310.090140 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 Mftap. 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 er the O fflei.1 Zefle Dist fie Map—may be initiated by the pefseas and deeision making bodies identified in Seet 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). Ordinance 11,Series 2012,Code Amendment Process Page 2 of 11 I 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 mandatorv) and shall determine 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 Citv Council for authorization to proceed through the process outlined herein Citv Council shall determine the extent to which Step One is required(Steps Two and Three are mandatory). 3. The His_t_oric 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 Citv Council for authorization to proceed through the process outlined herein. City Council shall determine the extent to which Step One is required(Stems 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. C'onnnunity Development Departmew. City Council shall determine the extent to which Step One is required (Steps Two and Three are mandatory A-.B. Steps Ry-equired: 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 her 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 Citv Council. h Process:The Communit� 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, survevs. or other methods. The Director shall solicit input from the Planning and Zoning Commission the Historic Preservation Commission or other Boards of the Citv as applicable. Depending on the nature of the otential 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. "rhe 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 4,2.Step One-Two—Public hearing before City Council. a. Purpose: To determine if the appkation meets standards for amendment to eode tex erO f eial Zone District Mayan 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 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. Vie. Map: Publiemion, mailing and posting (see Subparagfaphs 26.304.060.E.3.a., b. an e+ NOti6e FeEleirements for an afnendment to the Offieial Zone Distfiet Map initiated by the Cityi Publiea4ien, mailing 4e propefty ownef:s that are subjeet to the rezoning applieatien eA least fifteen(!§)days pfief to the publie hearing. Notice requirement--o�neffdf=ent to the Land Use Code: Publication pursuant to Subsection 26.304.060.E.3.a.Publication o notice. 2-.3.Step T-we-Three—Public Hearing before City Council. a. Purpose: To determine if application meets standards for amendment to ewe the text o f i rte' tfi t M Of the Land Use Code�c�n'rcrar cviro'ni3u�xc. ...p. 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 26.310.0 0. 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. 47e. Map! pubijeaAjon, fnaijing and posting (see subpwagraphs ., Eauneil)` Notice requirements for an afnendment to the Land Use cede: 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. R: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 Citv 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. rok sed teat meets the stated objectives of the-amendment. A C. A copy of the comments received during the Public Input phase. B-.p if the applieatien fequests an affiendinent te the text ef this Title-,4rhe precise wording of a*�-the proposed amendment. Ordinance 11,Series 2012,Code Amendment Process Page 5 of 11 1. The present Zone Distriet elassifieeAiaa and existing land Uses of the real prepeF�y pFepesed to be amended. ffaetien thefeef, 26.310.040. Amendments to the Land Use Code standards of review-Initiation In reviewing a reduest to_pursue an amendment to the text of this Title._ ep r Section 26.310.020(B)(2). Step Tla,o - Public Hearing before Ciw 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 Citv 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"l'itle. See-.26.310.0540. Amendments to the Land Use Code Standards of review- AdoptionSt a di r-eyview amendments to the land use eode. In reviewing a; ffiend+. ent 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 Zoning Comffliss; shall consider: 9:A. Whether the proposed amendment is in conflict with any applicable portions of this Title. E:B_Whether the proposed amendment f t4hers an ..deptee achieves the policy, community goal, or objective cited as reasons for the code amendment or achieves other public policy objectives. D.C. Whether the proposed amendment would be in eenf'iet with the publie interest and- N llethe-it 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-26.310.0630. Rezoning-Procedure for amendment. A. General. An application for amendments to the 1 and I Ire Code or the Official Zone District Map may be initiated by the City Council the Community Development Director.or a person or persons owning more than fit ftv (50) percent of the area of land subject to the amendment eke persons and deeision making bodies identified in Seetion 26.304.040 beiRev., and shall be Ordinance 11,Series 2012,Code Amendment Process Page 6 of 11 processed in accordance with the common development review procedures set forth at Chapter 26.304. B. Steps required: Unless initiated by "- 'it-, I-atineil in aeeeFdanee with Subseetion G The review of an application to amend the Official Zone District Map shall require two (2)steps a Publie hearing before the City CeNfleil. 1. Step One—Public hearing before Planning and Zoning Commission. i_Purpose: To determine if the application meets standards for amendment to eedte)a or to the Official Zone District Map and to provide a recommendation to Citv 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 Maw-Standards of Review lid. Notice requirements for a privately initiated amendment to the gf eial Zone District Map: Publication, mailing and posting (see Subparagraphs 26.304.060.E.3.a., b. and c.)._„Tege fequir°�_or an amendment to the Official Zone District Map initiated by the City. Publication, . notice shall also include mailing to property owners of property that subject to the rezoning application at least fifteen (15) days prior to the public hearing. Notiee requirements for an arrieridment to the Land Use GodeE Publieat 2. Step Two—Public Hearing before City Council. a. Purpose: To determine if application meets standards for amendment to cede text e 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 M ap. 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 b-.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. 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 Council). NOtieO or an amendment to the Official Zone District Map initiated by the City: P-1-lie-6-ii, _notice__.shall also include mailing to pr-epeFty-owners }"�are 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. Natiee requirements fef an amendment te the Land Use Cede: Publieation pursuant te Subparagraph 26.304.060.E.3.a.,in addition to the r-equisite Hatiee preeedafes fef review set fefth above and eonsistent with the autherity of the City Couneil to publie ff6pefty, health, peaee of safety, the Gity Getmeil may amend this Title in aeeerdanee with the preeedures set feFth at Seetion 4.11 ef the City Chaftef(Emergefiey-efdinanees). (Ord, Ne. 27 2002 §G.Ord Ne. 12 2007 §res 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. See.-26.310.0830. Rezoning-Application Contents. The development application for afne..,,.. ent to the to of this Title or 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. if the appliOatk)R FeElHeStS aR afneadment to the text of this Title,the preeise werdifl.'- 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 C_The area of the property proposed to be amended, stated in square feet or acreser a g An accurate survey map of the real property proposed for amendment. See-26.310.0950. Rezoning-Standards of review.StandaMs 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: Title.A. Whether the Pfoposed amendment is in Gangiet�A,jth an),appiieabie pet4iefis of this 8-.A. Whether the proposed amendment is compatible with surrounding zone districts and land uses,considering existing land use and neighborhood characteristics. E The eff-eet of the pFepesed amendment on tFaffie o D-.B. Whether and the extent to which the proposed amendment would result in demands ow 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. Whethef there have been ehanged eonditions affecting the subjeet pafeel ef:the sufroundiffg H. harmeny with the a intent fthi Title. See.-26.310.060100. Notation of Planning and Zoning Commissien resellit on Official Zone District Map. Within ten (104 days of when the Planning and ZeRing Commission adepts a reseltitieft 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. Seer 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.26.310.088120. 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:-26.310.898140. Time limitations. Unless otherwise waived by City Council. the Citv 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 Nears from the date of denial. n w a deeision OF a t n ,aeRyi..g a development . .pleat.,. for Planning and i6-ooiiio�i^i sh ail net v o.5ide .. date of the aetien;E) text of this Title that eenstitutes any athef kind of afneadfoent of any paFt of the same land fer-a period of @Re(1)year f+am the date ef the aetiei+. G. The time 1' •t t' of this C b t' may be waived by aJ e the rit J „te of the Cit. 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. 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 2nd 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`h 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,City Clerk Michael C.Ireland,Mayor 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. B. 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 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 Man 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 Section 2: Amendin the Land Use Code The Planning and Zoning Commission reco mmends approve an amendment ita follows: to amend the process for amending the Land Use Co Update how a code amendment can be initiated, Council Zo must the amendment initiated by a private party, the Planning Historic Preservation Commission,or the Community h m Devrerlhoe first tep of Director. code Add a public engagement requirement to process. amendment is to get feedback from interested parties, including amendment. TPC, P feedback an d possible outside entities, on the general concept of t then used by City Council when they determine if a code amendment should be "endorsed." Add an official "endorsement" of the concept. City Council r or to pass specific Rlanguage on the concept of the code amendment at s would mloge forward with working on being drafted. If a concept is endorsed, specific language to implement the roved b City Council by Ordinance. Specific language is reviewed and approved Y Y FINALLY,adopted and approved by the Planning and Zoning Commission this 20th day of March,2012. PLANNI AND ZONING APPROVED AS TO FORM: CO I S N; 45 - �' ' �- P& Chairman James R.True,City Attorney spamer, ATTEST: ackie Lothian,Deputy City Clerk planning& Zoning Commission Ressd#Use Code Amendments to the Official Zone District Map and th e ooPage 2 of 2 Exhibit D: Regular City Planning & Zoning Meeting —Minutes March 20, 2012 Comments 2 Minuets 3 Conflicts of Interest 3 Code Amendment—Downtown Zoning 3 The Code Amendment Process 6 1 Exhibit D• Regular City Planning & Zoning Meetin!— 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 Exhibit D: 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 31st 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-1 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 Exhibit D: 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 4 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 Exhibit D: 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 6 Exhibit D• Regular City Planning & Zoning 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. 7 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 or 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 97, 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 8 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: Cl _ A�- oar _ , Aspen, CO SCHEDULED PUBLIC HEARING DATE: - � 2 C Jc.' v 2- 2012, I in 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 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 Cornmunity 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--ight. 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 r C� , 20 GZ, bye C-1 PUBLIC TICE WITNESS MY HAND AND OFFICIAL SEAL RE: Code endment-Amendments to the Land Use C and Official Zone District Map NPTICE will be h IS n Monday!April 2a2012,b10 begin a My commission expires. 5:00 p.m.before the Aspen City 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 as ezonengsto For furthersinformation,contact map also known Jessica Garrow at the City of Aspen Community N Lary Public Development Department,130 S.Galena St., Aspen,CO 970.429.2780,(or by email "essica. arrow�ci.as an.co.us). s/Michael Ireland Ma or Aspen City Council Published in the Aspen Times Weekly on March 15, 2012[7670300] ATTACHMENTS AS APPLICABLE: * COPY Or' 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 - . 4- MEMORANDUM TO: Mayor and City Council FROM: Jessica Garrow, Long Range Planner Chris Bendon, Community Development Director RE: First Reading of Ordinance-L, 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) • Add language stating that initial zoning designations for annexed property is done through the process outlined in the chapter. • Update the review criteria to eliminate duplicative criteria. • 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 • 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. 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 r-emoved is red wit.h. strikethfough 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. o �► 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 Map 26310) -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 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 Sstandards of review for amendments the nd lase ee -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 Man-Procedure for amendment Sec 26.310.070 Initial Zoning for Annexed Properties Sec 26.310.080 Amendments to the Official Zone District Man-Application contents Sec.26.310.0950 Amendments to the Official Zone District Map-Standards of review€ef ;_I Zefte Distriet Map Sec.26.310.969100 Notation of Planning and Zoning Commission resolution on Official Zone District Map Sec.26.310.970110 Recordation of designation Sec.26.310.989120 Placement on City's Official Zone District Map Sec.26.310.985130 Disputes about zoning of a property Sec.26.310.899140 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 or the^" i ' 'o one Distfie= Ma}--may be initiated by 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 nay 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. Cif Council shall determine the extent to which Step One is required (Steps Two and Three are mandatory). The Community Development Director may initiate an amendment to the Land Use Code as provided for in Chapter 26.2 0 Community Development Department City Council shall determine the extent to which Step One is required(Steps Two and Three are mandatory). A-. . Steps Rrequired: Unless initiated by the City Council in accordance with Subsection Cr-----" Formatted:Indent:Left: 0 First line: o Numbered+Level:1+Numbering Style:A,B, below, or unless additional steps are requested City Council the review of a proposed text ...+Start at:1+Alignment:Left+Aligned amendment shall require three steps. at: 0.25"+Indent at: 0.63",Tab stops:Not at 0.7" D ' 1 Step One-Community Input. a Purpose To gather ideas suggestions comments opinions, and recommendations---- Formatted:Indent:Left: 0.5",Space After: 0 pt,Numbered+Level:2+Numbering Style:a, from a wide range of participants to determine if an amendment to the text of the b,c ...+Start at:1+Alignment:Left+ Land Use Code should be pursued by the City Council. Aligned at. 0.75"+Tab after: 1"+Indent at 1",Tab stops: 0.75",List tab+Not at 1"+ 1.28" b Process The Community Development Director shall seek input from a wide range of- -- Formatted:Indent:Left: 0.5",Space After: 0 community members through a variety of methods which may Include focus groups.. pt,Numbered+Level:2+Numbering Style:a, structured facilitated sessions surveys or other methods. The Director shall solicit b,c,...+Start at:1+Alignment:Left+ Aligned at: 0.75"+Tab after: 1"+Indent at: input from the Planning and Zoning Commission, the Historic Preservation 1",Tab stops: 0.75",List tab+Not at I"+ Commission or other Boards of the City,as applicable Depending on the nature of 1.28" 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. - Formatted:Indent:Left: 0.5",Space After: 0 pt,Numbered+Level:2+Numbering Style:a, b,c,...+Start at:1+Alignment:Left+ 4-.2.Step Ewe-Two-Public hearing before Planning and 7-""'""Gaffi iss ity Council. Aligned at: 0.75"+Tab after: 1"+Indent at: 1",Tab stops: 0.75",List tab+Not at 1"+ 1.28" a. Purpose: To determine if or Offieial Zone Distrie* M 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 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. 4:e. . . and the Cityi Publication. mailing Notice requirements a; an amendment the Land Use Code: Publication pursuant to Subsection 26.304.060.E.3.a Publication ofnotice. 2-.3.Step Twv Three—Public Hearing before City Council. a. Purpose: To determine if application meets standards for amendment to eede-the text R of the Land Use Codez 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 e 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. dam. initiated amendment to the Offleial Zene Distfie mailing and posting (see subpafagFaphs 26.3 i Ili V i � ).. Fnents f0F adoption of an afdin nee by City Catifleil. Notice requirements feF an afneadmORt the ' and Use GOde: 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: A _The general application information required in Section 26.304.030,Application and Fees. B A copv 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. I.D of this , The precise wording of a*r -the proposed amendment. C- if the appli 1. The pFesent Zone pistriet ejassirwation and existing land uses of the Feal pfepeft-y 2. The area of the p stated in squafe feet of aef es or a maj o 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. 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 Armen 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. fee-26.310.05_40. Amendments to the Land Use Code Standards of review- AdoptionStandards of review for-amendments te the land use eade- In reviewing ••amens o_ ' an a_ lication 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 shall consider: &A. Whether the proposed amendment is in conflict with any applicable portions of this Title. QB. Whether the proposed amendment *chefs ®d"^rte achieves the policy, community goal, or objective cited as reasons for the code amendment or achieves other public policy obiectives. 1}.C_Whether the proposed amendment r-t-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** d Use-C -'=^'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)steps are Fequifed: (a)a public heafing bef4e the Planning and Zoning Commission;and*b-4 1. Step One-Public hearing before Planning and Zoning Commission. a. Purpose: To determine if the application meets standards for amendment to Oade �a E)r 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 mod. Notice requirements for a privately initiated amendment to the Offieial Zone Di ^ nt-ter�ap: 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 p �-owners of property that are 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 Bode text ) he Official Zone District Map. b Process: The Community Development Director shall forward the recommendation of the Planning and Zonin¢ 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 lid Form of decision City Council decision shall be by Ordinance after considering the recommendations of the Community Development Direct the Planning and Zoning Commission and comments and testimony from the public at a duly noticed public hearing. e_Notice requirements DiStFiet *;aF,: 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). o Notiee For an amendment to the Official Zone District Map initiated by the City: Pu"'i eation—. notice shall also include mailing to pfopef"wners that afe-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. -to the FequWle- C. EMeFgeney amendments to Land Use Code by Git�, Conned. Na�withstafldiflg the health. eaee Or safety. the Gity Gatineil may-emeffd this Title- in AP'PL.Ree N4.27 2002 A6•n a No. 12 2007§14) 26.310.070. Initial Zoning for Annexed Prougrties. 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 he text of this Tile aan amendment to the Official Zone District Map shall include: A. The general application information required in Section 26.304.030,Application and Fees. B. if the applieation Fequests-a�idlffient tO the text of this Title.the Pfeeise WOFding Of aflY pFopas ad amendment. 13_The present Zone District classification and existing land uses of the real property'------- Formatted:Space After: 0 pt,Numbered+ Level:1+Numbering Style:A,B,C,...+Start proposed to be amended. at:1+Alignment:Left+Aligned at: 0.38"+ Indent at: 0.75",Tab stops:Not at 1.28" C. The area of the property proposed to be amended, stated in square feet or acres-ef�-a------- Formatted:Space After: 0 pt,Numbered+ *'^^ ,^� tiazoof. 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" D_An accurate survey map of the real property proposed for amendment. --- Formatted:Space After: 0 pt,Numbered+ Level:1+Numbering Style:A,B,C,...+Start at:1+Alignment:Left+Aligned at: 0.38"+ See.26.310.0950.Amendments to the Official Zone District Map standards of review. Indent at: 0.75",Tab stops:Not at 1.28" 0 0 In reviewing an amendment to the Official Zone bistrict Map,the City Council and the Planning and Zoning Commission shall consider: Title. 1&A. whether the proposed amendment is compatible with surrounding zone districts and land uses,considering existing land use and neighborhood characteristics. G. The egeet 9f the pFepesed ameadFaem on ti:affie geneFation and read safety-. &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. FX. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. F-A 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. is in humeny with the puFpese and intent of this Title. See.-26.310.060100. Notation n Official Zone District Map. swithin ten (10) days ef when the planning and zoijing Gommissien adepts a mselut 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-26.310.070110. 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.MI30. 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.26.310.090140. Time limitations. Unless otherwise waived by City Council the City shall not accent 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 deeisien or-reeenimendation denying a development applieation for an amendment t ♦ F this Title t the 1 '7--- T' t..' t 1\,ie.. tl.e /`:ty !`.+..neil .,....7 the Planning and - Zoning shafl not eensider: -A. A development -a-1-066tion f6F the same amendment for a period E)f twe (2) YeaFS ffGffi date of the aetion;er terA of this qpitie that eanstitutes-any ether-kind f any pa-of the same land f4 a C—. -The time limitatien of this Subseetion may be waived by the majefiv), vote ef the Gity de,,,elepfnen4 of the Gity. 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. 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 2nd 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 26th 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,City Clerk Michael C.Ireland,Mayor Approved as to form: James R True,City Attorney 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 Findiniz: 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. B. 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 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 — (_-_) 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: PLANNING AND ZONING COMMISSION: James R. True, City Attorney LJ Erspamer, P&Z Chairman ATTEST: Jackie Lothian,Deputy City Clerk 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,contr 'natrons http://www.aspendailynews.com/print/152267 31z()12 0V2. J 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 buildings 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 building has significant 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 patrons http://www.aspendailynews.com/print/152267 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 city 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. drinkinc and the congregation of noisy crowds that tend to annoy 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/i 52267 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: 00� ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: 2O Q 4-30avyl,20 12 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 l 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) Val 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 day of 20L2,2, by Av e3.e PUBLIC NOTICE NOTICE RE: Cade Amendment-Amendments to the - Land Use Code and Official Zone District Map NOTICE IS HEREBY GIVEN that a public hearing WITNESS MY HAND AND OFFICIAL SEAL will 6e held on Tuesday,March 20,2012,to begin at$$30 p.m.before the Aspen Planning&Zoning sion,Sister Cities,City Hall,130 S.Gale- Commis ht�� na St.,Aspen,to consider a code amendment to - My commission expires: amend the review process for land use code amendments and amendments to the zone district map,also known as rezonings. For further infor- mation,contact Jessica Garrow at the City of As- y, ✓: ti` C N pen Community Development Department,130 S. r ,y Galena St.,Aspen,CO 970.429.2760,(or by email L�. + • 1 iessica aarrow�ci aspen co.us). 2 J NO public s/LJ Ersoamer Chair tJt q ,.•�V Aspen Planning and Zoning Commission �9r r''•p'Q". tom`'••.....•••' Published in the Aspen Times Weekly on March 1, 2012. (7617174] 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 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, 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) • Add language stating that initial zoning designations for annexed property is done through the process outlined in the chapter. • Update the review criteria to eliminate duplicative criteria. • 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) "1 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 — (_-_) 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: PLANNING AND ZONING COMMISSION: James R. True, City Attorney LJ Erspamer, P&Z Chairman ATTEST: Jackie Lothian,Deputy City Clerk 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. B. Whether the proposed amendment furthers an adopted policy, community goal, or objective. Staff Findinlz: 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 Findini: 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.26.310.010 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 Sstandards of review fe-r- amendments to the land use eode -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 Mar-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 Mao-Standards of review€0F Sec.26.310.060100 Notation of Planning and Zoning Commission resolution on Official Zone District Map Sec.26.310.080110 Recordation of designation Sec.26.3 1 0.0Wl 20 Placement on City's Official Zone District Map Sec.26.310.083130 Disputes about zoning of a property Sec.26.310.099140 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. Sec-26.310.020. Amendments to the Land Use Code-Procedure for amendment. A. General. An application for amendments to the Land Use Code^-the Ofii:.ial e Distrie Map-may be initiated by the peFsens and deeisien king bodies identified 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 Chanter 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 Citv Council shall determine the extent to which Step One is required (Steps Two and Three are mandatory). Page i of 9 Y The Communitv 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 Rrequired: 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. Plan"ing and Zoning Gammission;and(b)a publie hearing before the City Council. 1. Step One—Communit V Input. a. PuMose: To gather ideas, suggestions comments opinions and recommendations------ Formatted:Indent:Left: 0.5,Numbered+ from a wide range of participants to determine if an amendment to the text of the Level:2+Numbering Style:a,b,c,...+start at:1+Alignment:Left+Aligned at: 0.75'+ Land Use Code should be pursued by the City Council Tab after: 1"+Indent at: 1",Tab stops: 0.75',List tab+Not at 1" b. Process:The Community Development Director shall seek input from a wide range of- Formatted:Indent:Left: 0.5,Numbered+ community members through a variety of methods which may include focus groups, Level:2+Numbering Style:a,b,c,...+Start at:1+Alignment:Left+Aligned at: 0.75'+ structured facilitated sessions, surveys or other methods The Director shall solicit Tab after. r'+Indent at: 1°,Tab stops: input from the Planning and Zoning Commission the Historic Preservation 0.75',List tab+Not at 1" 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. ------- Formatted:Indent:Left: 0.5",Numbered+ Level:2+Numbering Style:a,b,c,...+Start I.'_.Step 9tte Two—Public hearing before Planning and Zoning ^mm' at:1+Alignment:Left+Aligned at: 0.75'+CItV Council. Tab after: 1^+Indent at: 1 Tab stops: 0.75',List tab+Not at 1" a. Purpose: To determine if the"YY'lioat..,n meets standaFds E amendment or Official Zone DistFiet Mapan amendment to the text of the Land Use Code should be pursued. b. Process: The Communitv 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 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 Communitv 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 • 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 Cif Council may elect to not amend the Land Use Code which shall not require adoption of a resolution. 1}e. Map: Publication, mailing and pasting (see SubparagFaphs 26.304.06O.E.3.a., b. and s-3- Notice requirements 4W an afnendment to the a Use : Publication pursuant to Subsection 26.304.060.E.3.a.Publication of notice. _27 .Step 42wo 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 Offleial 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 c4:e. Map: Publieatien, mailing and posting (see subparagf:aphs 26.304.060.9.3.a., b. and application at least fifteen (15) days prior to the pubiie heaFing, in addition site notiee Fequirements for adoption of an ordinanee by City Couneil. Page 3 of 9 . Notice requirement f4- an amendment * > Land 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:-T-he m develo-r a L YY I: � a , f Title oF amendment to the Offieial Zone District Map shall iiqekKle-- A. The general application information required in Section 26.304.030,Application and Fees. B. A cony of the City Council resolution requesting the amendment and a brief summary of how the proposed text meets the stated objectives of the amendment EC. A copy of the comments received during the Public Input phase B-.D. if the.. ..I:,.,.t:,... -o .....N d th T this Title,rr M , The precise wording of of y-the proposed amendment. 1. The pFesent Zone DistFiet classification and existing land uSeS Of the Feal propeF�y proposed f...., e , eJ aY 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 obiectives 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- AdoptionStandfiFds Of_ev ..(OF amendments to the'and use eode. In reviewing an .,...°.,dmei:,+ 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 Plu iiRg and Zoning Commissi shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. B. Whether the proposed amendment furthers an adeptedgchieves the policy, community goal, or objective cited as reasons for the code amendment or achieves other public policy objectives. C. Whether the proposed amendment would be in ngiet with the bl + a whether it 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-26.310.0630. Amendments to the Official Zone District May-Procedure for amendment. A. General. An application for amendments to the Land Wse-Ge�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 the PeFSeRs and deeision Fna ' o bodies identified in Seefien 26.304.040 below 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 City C •, in a A,ith subseetion G belew,The review of an application to amend the Official Zone District Map shall require two (2)steps are FeqUired: (a)a publie hearing before the Pianning and Zoning Gefnrnissien; and(b) a publie hearing before the City Couneii. 1. Step One-Public hearing before Planning and Zoning Commission. a. Purpose: To determine if the application meets standards for amendment to eede temp—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 regardin the he specific request to amend the Official Zone District Map Page 5 of 9 ® a ax.Standards of Review: -Section 26.310.090, Amendments to the Official Zone District Map-Standards of Review 4.d. Notice requirements foF a privately initiated amendment to the Publication, mailing and posting (see Subparagraphs 26.304.060.E.3.a., b. and c.)._Nioticc requiFemen�s-4For an amendment to the Official Zone District Map initiated by the City: °�, ation, , notice shall also include mailing to proper-y-owners of property that afsubject to the rezoning application at least fifteen (15) days prior to the public hearing. Netiee requirements fef an amendment to the Land Use Gedei Publieet19H pufsuant e Q.,b see ' 26 304 0601 C 2 �,»..,»».....,.�av�cctirniz�.avt�cv-ir. 2. Step Two-Public Hearing before City Council. a. Purpose: To determine if application meets standards for amendment to etude text-oqhe 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 b7d.Form of decision: Citv 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 far ely initiated afnendfnent to the Off , Zone n' trier M=ap: Publication, mailing and posting (wee-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 Council3. Natiee _or an amendment to the Official Zone District Map initiated by the City: Publi » , notice shall also include mailing to pfopef"wnersthat 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 Ntiee requifements for an amendment to the Land Use—Gode Pabliea4io3 ., in No 27 2002 §6,-;OFF Na. 12,2007 A i n) 26.310.070. Initial Zonine for Annexed Proyerties 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 May-Application Contents. The development application for afnendment to text of this Title or 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. if the applieatien requests an afnendment to the text of this Title the preeise werding ef&fw 4.B_The present Zone District classification and existing land uses of the real property------- Formatted:Numbered+Level:1+ proposed to be amended. Numbering style:A,B,C,...+start at:1+ Alignment:Left+Aligned at: 0.38"+Indent at: 0.75" &C. The area of the property proposed to be amended, stated in square feet or acres or a-""----- Formatted:Numbered+Level:l+ fflEttef F,,,.t:°., the ft,c Numbering Style:A,B,C,...+Start at:1+ Alignment:Left+Aligned at: 0.38"+Indent 4-.D. An accurate survey map of the real property proposed for amendment. at: 0.75" Formatted:Numbered+Level:1+ Numbering Style:A,B,C,...+Start at:1+ See.-26.310.09-50.Amendments to the Official Zone District May standards of review. Alignment:Left+Aligned at: 0.38"+Indent at: 0.75" ev mew for-amendments to the Offieial Zone Distr-iet Mikp. In reviewing an amendment to the Official Zone District Map,the City Council and the Planning and Zoning Commission shall consider: A. Whethef the proposed afnendment is in e0fiflietwith an),applieable panions ef this Title. &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 o � D-.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. liD. 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. . H. _in ha n), purpose with the d intent of Qiis:Fitle. See.26.310.060100. Notation n Official Zone District Map. Within ten (10) days of when the Planning and Zoning Commission adepts a resolu 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:-26.310.00110. 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%140. 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, noc 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 eF reeemmendation denying a development applieation fOF an amendment to the t:. of this Title of to the O ffl i l Zone DistFiet Map, the City, Council and the Planning and Zoning GeffiFAissien shall fiat eensider� Q n ,wyel..p Fnent pli6a L..y C,... amendment to the City' Offs ial Zone DiStFi6t Map eF tho text of this Title that constitutes any atheF kind of amendment of any pan of the same land for a B. .. ,.,,.,,=„Y=.=,._.= wrY=..,�r=�== =.n a==ri,==ur==n, POFiE)d.f one!1 1 year 4.-....., the date of the aeti...y C. The time limitatieti of this Subseetion fnaY be waived b) the Fity, vote of the City development of the Gity. Page 9 of 9 � tZ 2-02 - rk sUA mits � a File Edit Record Navigate Form Reports Format Tab H90 ar Psi+ P� Jalump l Routing 5tatus i Fees Fee Summary Main Actions !Attachments'Routing History Valuation ArchDEng Custom Fields Sub Permits type aslu "Span Land Use Permit# 0012.2012.ASLU 130 S GALENA Aptf Suite CITY HALL `1i i it ASPEN State CO Zip 81611 mit Information = Master permit Routing queue aslu07 Applied 131&2012 0 Project 1 Status pending Approved y Description APPLICATION FOR LAND USE-CODE AMENDMENT PROCESS Issued Closedf Final Submitted CITY HALL-JESSICA GARROW Clock Running Days Expires 3!1 213 Submitted via Owner i Last name CITY OF ASPEN First name CITY HALL 130 S GALENA ASPEN CO 81611 Phone f, j Address Applicant 2 Owner is applicant? 0 Contractor is applicant? Last name CITY OF ASPEN First name CITY HALL 130S GALENA 81611 CO Phone ( ) Cust# 28789 Address ASPEPJ Lender Last name First name Phone i; ) Address C I Aspen&16(server) ang 1 of 1 � o Fetes v