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HomeMy WebLinkAboutcoa.lu.ca.130 S Galena Master Plan Code Amendment.0078.2012 MOO] THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0078.2012.ASLU PARCEL ID NUMBERS n/a PROJECTS ADDRESS 130 S. GALENA ST PLANNER JESSICA GARROW CASE DESCRIPTION MASTER PLAN CODE AMENDMENT REPRESENTATIVE CITY OF ASPEN DATE OF FINAL ACTION 03/28/13 CLOSED BY ANGELA SCOREY ON: 3.28.13 ORDINANCE No. 31 (Series of 2012) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMNETS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE: ADDING A NEW SECTION, SECTION 26.311,MASTER PLANS,AND AMENDING SECTIONS 26.104.030, COMPREHENSIVE COMMUNITY PLAN AND OTHER PLANS, GUIDELINES OR DOCUMENTS, 26.208.010, CITY COUNCIL -POWERS AND DUTIES 26.210.020,COMMUNITY DEVELOPMENT DEPARTMENT- DIRECTOR OF COMMUNITY DEVELOPMENT DEPARTMENT,26.212.010, PLANNING AND ZONING COMMISSION -POWERS AND DUTIES,AND 26.220.010, HISTORIC PRESERVATION COMMISSION—POWERS AND DUTIES. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to explore code amendments related to the master plan process; and, WHEREAS,pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach with the Planning and Zoning Commission to gain feedback on potential code changes to the Master Plan process; and, WHEREAS, during a duly noticed public hearing on November 12, 2012, the City Council approved a Policy Resolution, Resolution 104, Series of 2012, directing staff to process code amendments related to heights and land uses in the downtown, by a four - one (4 - 1) vote; and, WHEREAS, the Community Development Director has recommended approval of adding the proposed new section, Section 26.311, Master Plans, to the Land Use Code, and recommended approval of the proposed amendments to the City of Aspen Land Use Code Sections 26.208.010, City Council - Powers and Duties 26.210.020, Community Development Department - Director of Community Development Department, 26.212.010, Planning and Zoning Commission - Powers and Duties, and 26.220.010, Historic Preservation Commission — Powers and Duties; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS,the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety,and welfare; and City Council Ord#31 of 2012 Master Plans Code Amendments Page 1 of 7 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO THAT: Section 1: A new Section of the Land Use Code, Section 26.311 — Master Plans, is hereby added to the Land Use Code, as follows: Chapter 26.311 MASTER PLANS Sections 26.311.010 Purpose 26.311.020 Procedure for Plan Development, Review, and Adoption 26.311.030 Master Plan Use and Effect. 26.311.010. Purpose. The purpose of this Chapter is to provide a means for formulating, adopting, and updating master plans, comprehensive plans, and special area or topical plans. For the purposes of this Chapter, these planning efforts are referred to as"master plans." The City may from time to time adopt, re-adopt, amend, update, or add to the comprehensive community plan (known as the Aspen Area Community Plan or AACP) which establishes and projects the City's land use and development planning philosophy, goals, and policies. The AACP may be broader in scope and serve as a guide for non-land use issues of the community. The AACP shall encourage regional planning with neighboring communities and jurisdictions. The City may from time to time adopt, re-adopt, amend, update, or add to a master plan which establishes and projects the City's philosophy, goals, and policies regarding a particular area, issue, or topic. Examples include a neighborhood plan, a downtown pedestrian plan, and the like. This Chapter outlines a process for adopting master plans focused on land use and development. Plans focusing on non-land use issues may also follow this process. This Chapter does not require all City initiatives to be developed and approved in this manner and does not preclude processes that are not outlined herein. 26.311.020. Procedure for Plan Development, Review, and Adoption A. General. The City of Aspen may from time to time adopt master plans to reflect the needs and aspirations of the community and define methods to achieve those goals. B. Steps required: The following steps may be modified to address the nature of a master plan topic and the needs of the community. The desired steps should be considered during step one, plan initiation. Step eight is required for adoption of a master plan. The City Council may decide to pursue an initiative through other means than outlined below. 1. Step One—Plan Initiation. a. Purpose: To determine if a master plan should be initiated or updated. City Council Ord#31 of 2012 Master Plans Code Amendments Page 2 of 7 b. Process: The City Council shall decide whether the City should initiate a master plan. The City Manager, Comulunity Development Director, or City Department Director, as applicable, may provide City Council with a recommendation regarding the initiation of a master plan. Input from city boards, citizens, civic or business groups, and other government organizations should be considered. A general understanding of the topics to be covered, resources needed, the desired process steps, and timeframe for adoption should be considered. c. Form of decision: City Council decision to initiate a master plan shall be by motion. The direction may be provided during a regular meeting or a work session of the Council and may be incorporated into approval of a department work program or budget. d. Notice requirements: None. 2. Step Two—Existing Conditions/Background Information. a. Purpose: To assemble need information and resources to facilitate plan development. b. Process: City staff shall identify and assemble important background information, studies, reports, etc., as needed to enable an informed dialogue on the topic. Background information may be issued as a report or presented to the public or City boards as applicable. 3. Step Three—Public Outreach. a. Purpose: To facilitate citizen awareness and solicit participation regarding community goals, aspirations, and expectations of the master plan. b. Process: City staff shall engage the public through a variety of efforts, which may include open houses, surveys, small-group meetings, structured feedback sessions, web-based methods, outreach to groups or individuals with particular interest, etc. City Council shall be made aware of the outreach efforts and may from time to time request additional or different techniques. A summary of the outreach efforts and citizen comments may be issued as a report or presented to the public or City boards as applicable. 4. Step Four—Draft Plan. a. Purpose: To assimilate community aspirations into a cohesive plan. b. Process: City staff shall develop a draft master plan that assimilates community aspirations into a plan with a cohesive vision and a set of goals and policy objectives. The plan should be aspirational in nature but should include sufficient detail to guide implementation. A draft plan may take several iterations or be developed in a phased manner. A draft plan may suggest multiple options or strategies for further refinement. 5. Step Five—Establish Comments Period. a. Purpose: To establish a public comments period and identify specific interest groups from which comments are sought. b. Process: Unless otherwise established in step 1, City Council shall determine the length of the comment period. This period may be extended. City Council may City Council Ord 931 of 2012 Master Plans Code Amendments Page 3 of 7 request formal comments from certain city boards; citizen, civic, non-profit, or business associations; or, from other governmental bodies. City Council may direct city staff to assist interest groups in the formulation of comments. City Boards may provide general comments, specific language or topical changes, or other changes and comments as they deem necessary. c. Form of decision: City Council direction shall be by motion. The direction may be provided during a regular meeting or a work session of the Council. 6. Step Six—Public Review and Comment. a. -Purpose: To facilitate citizen_awareness of the draft_plan-and solicit comments, critique, and suggestions on how to improve the plan. b. Process: City staff shall engage the public through a variety of efforts, which may include open houses, surveys, small-group meetings, structured feedback sessions, web-based methods, direct outreach to groups or individuals with particular interest, etc. City Council shall be made aware of the outreach efforts and may from time to time request additional or different techniques or extend the comments time period. A summary of the outreach efforts and comments received may be issued as a report or presented to the public or city boards as applicable. 7. Std Seven—City Council Review. a. Purpose: To review the draft master plan and the comments received and either direct amendments to the draft plan (which may include repeating some of the above steps) or direct staff to proceed to the adoption step. b. Process: City staff shall present the draft plan and the public feedback to City Council. City staff may also present modifications or options to the plan in response to public feedback or suggest repeating some or all of the above steps. City Council shall review the draft plan and provide direction to staff to either amend the plan for further consideration by the Council, amend the plan and repeat some of the above steps, or prepare the plan for adoption. c. Form of decision: City Council direction shall be by motion. The direction may be provided during a regular meeting or a work session of the Council. d. Notice requirements: None. 8. Step Eight—Cif Council Adoption. a. Purpose: To consider adoption of the master plan. b. Process: City staff shall present-City Council with the draft plan along with a summary of the steps taken to develop the -plan, comments received, and any suggested amendments to the plan. After receiving comments from the public during a public hearing, City Council may adopt the plan as presented, adopt the plan with amendments, direct amendments to the plan for further consideration, direct staff to repeat of any of the above process steps, or not adopt the plan and terminate the process. c. Standard of Review: City Council shall determine if adoption of the master plan is in the best interests of the community. City Council Ord#31 of 2012 Master Plans Code Amendments Page 4 of 7 d. Form of decision: City Council adoption shall be by Resolution, after a public hearing. Direction to staff to amend the plan or repeat any of the process steps above may be by motion. e. Notice requirements: Publication, pursuant to Subparagraph 26.304.060.E.3.a. C. Reciprocal Adoption. City Council may adopt a master plan of another jurisdiction by using the steps outlined above. City Council may condition adoption of a master plan on the adoption of the plan by another jurisdiction. D. Master Planning Termination. Notwithstanding the above steps, City Council may terminate a master planning process at any time by motion of the Council. 26.311.030. Master Plan Use and Effect. Adopted master plans of the City of Aspen shall be guiding and shall not place a burden on property. Master plans may be used to develop proposed legislation (which may burden property), to initiate new policies or operational practices, to develop budgets or department work programs, or to otherwise guide action of the City in the public interest. Master plans shall not be legally binding and shall not regulate or place a burden on real property. Section 2: 26.208.010, City Council - Powers and Duties, shall be amended as follows: [No Changes to Sections A —H] I. To adopt any plans, guidelines or documents that will be used in a guiding or regulatory capacity by the City; [No Changes to Section.1—P] Section 3: 26.210.020.8.18-24, Community Development Department - Director of Community Development Department, shall be amended as follows: [No Changes to Sections I — 17] 18. To undertake all general comprehensive planning responsibilities; [No Changes to Sections 19—20] 21. To approve, approve with conditions or deny development subject to Chapter 26.520, Accessory Dwelling Units and Carriage Houses; 22. To extinguish a transferable development right in accordance with Chapter 26.535; 23. To issue and extinguish Affordable Housing Certificates in accordance with Chapter 26.540; and 24. To assist and staff all aspects of the Master Planning process in accordance with Chapter 26.311. Section 4: 26.212.010, Planning and Zoning Commission - Powers and Duties, shall be amended as follows: [No Changes to Sections A — Q] City Council Ord#31 of 2012 Master Plans Code Amendments Page 5 of 7 R. To adopt by resolution any operational guidelines or documents that will be used guiding capacity by the Commission. To recommend via resolution the adoption of design guidelines by the City Council. To provide input on Master Plans, in accordance with Chapter 26.311. Section 5: 26.220.010, Historic Preservation Commission — Powers and Duties, shall be amended as follows: [No Changes to Sections A —DJ E. To adopt by resolution any operational guidelines or documents that will be used in a guiding capacity by the Commission. To recommend via resolution adoption of design guidelines by the City Council. To provide input on Master Plans, in accordance with Chapter 26.311; [No Changes to Sections F—K] Section 6: 26.104.030, Comprehensive Community Plan and other plans, guidelines or documents, shall be amended as follows: 26.104.030. Master Plans, Comprehensive Community Plan and other plans, guidelines or documents. A. The City shall from time to time adopt and update a comprehensive community plan (known as the Aspen Area Community Plan or AACP) which shall establish and project the City's land use and development planning philosophy, goals and policies. The comprehensive community plan shall be broad in scope and serve as a guide to all land use development and planning. The plan shall encourage and incorporate regional planning as well as land use development cooperation and coordination between the City and neighboring communities and jurisdictions. B. From time to time the City may re-adopt, amend, extend or add to its comprehensive community plan or carry any part of its subject matter into greater detail through the development of supplemental plans, guidelines or documents, pursuant to Section 26.311, Master Plans. Section 7: 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 S: 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 9: 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 10: City Council Ord#31 of 2012 Master Plans Code Amendments Page 6 of 7 A public hearing on this ordinance shall be held on the 10th day of December, 2012, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 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. INTRODUCED,READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26th day of November,2012. Attest: Kathryn S.K ch,City Clerk Michael C.Ireland, ayor G FINALLY,adopted,passed and approved this 10`h day of December,2012. Attest: Kathryn S.Koqc , City Clerk Michael C.Ireland,Mayor Approved as to form: ity Attorney City Council Ord#31 of 2012 Master Plans Code Amendments Page 7 of 7 LEGAL NOTICE Ad Name: 8641907A ORDINANCE M31,2012 PUBLIC HEARING Ordinance 1131,a City of Council was adopted er Customer: Aspen (LEGALS) City of first reading at the City Council meeting November 26,2012. This ordinance,it adopted,will approve Your account number: a code amendment to update and streamline the process for initiating,developing and adapting all • Master plans. The public hearing on this ordi- nance Is scheduled for December 10,2012 at 5 PROOF OF PUBLICATION Teo see the ilentire ezt get the city's legal notice websrte htfoWwww asoenoitkin com/DeoartmentslClerk! Legal-Notices If you would like a copy FAXed,mailed or e-mailed to you,call the city clerk's office,429.2886. Published in the Aspen Times Weekly on Novem- ber 29,2012. [8641907] STATE OF COLORADO, COUNTY OF PITKIN I,Jim Morgan,do solemnly swear that I am General Manager 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 continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular 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 issue of said newspaper dated 11/29/2012 and that the last publication of said notice was in the issue of said newspaper dated 11/29/2012. In witness whereof,I have here unto set my hand this 12/06/2012. Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 12/06/2012. Mary E_Borkenhagen,Notary Public ,,,,,rn My„Commission expires-September 12,2015 0”E BOR.. 'o _ml izc pUBIIC !�p MEMORANDUM TO: Mayor and City Council FROM: Jessica Garrow, Long Range Planner THRU: Chris Bendon, Community Development Director / o RE: Master Plan Process Code Amendment (/�� Ordinance 31, Series of 2012, Second Reading DATE OF MEMO: December 2, 2012 MEETING DATE: December 10, 2012 SUMMARY: The attached Ordinance includes proposed code amendments to the Master Plan Process based on Council direction provided as part of the Policy Resolution passed November 12, 2012. The objective of the proposed code amendments is to update and streamline the process for initiating, developing, and adopting all Master Plans. STAFF RECOMMENDATION: Staff recommends approval of the proposed Ordinance. LAND USE REQUESTS AND REVIEW PROCEDURES: This is the 2° reading of proposed code amendments to change the Master Plan process. Pursuant to Land Use Code Section 26.310, City Council is the final review authority for all code amendments. All code amendments are subject to a three-step process. This is the second step in the process: 1. Public Outreach 2. Policy Resolution by City Council indicating if an amendment should the pursued 3. Public Hearings on Ordinance outlining specific code amendments. BACKGROUND& OVERVIEW: The Land Use Code does not outline a specific process for the initiation, development, or adoption of any Plan. The code identifies the Aspen Area Community Plan, but no specific process for developing or adopting the AACP is outlined. In addition, the code does not address how other plans, such as the Civic Master Plan, or a neighborhood plan, should be created. As part of the implementation of the Aspen Area Community Plan (AACP), City Council expressed a desire to explore modifications to the review and adoption process for the AACP. Council members have asked staff to consider the length of the process, the role of the community, P&Z, Council, and staff in any update, as well as the frequency of updates. 12.10.2012—Master Plans Code Amendment 2"d Reading Page 1 of 3 Though the City has made significant efforts to engage the community on planning in general and the AACP in particular, the code does not require public outreach on long range planning efforts. Participation by the community is essentially limited to the traditional public hearings. PROPOSED PROCESS: In an effort to clarify the process and enable future long range plans to be reviewed and adopted expeditiously, staff proposes the following change to the review process for all long range and master plans: 1. City Council initiation of a plan. 2. Compile existing conditions/background information as necessary. (staff) 3. Conduct a public outreach process. (staff) 4. Write a draft plan based on steps 2 & 3. (staff) 5. Hold a comment period for the community and boards. During this time, P&Z and HPC would be asked to provide formal comments on the plan. This could include proposing specific language changes, requesting additional public outreach, or providing general comments. (The length of the comment period would be determined by City Council) 6. Public review of the plan through public outreach and/or hearings. 7. Repeat any steps, as determined necessary by City Council. 8. Formal review and adoption of plan by City Council. This proposal is very similar to how the federal government conducts their public process. Staff believes this review process would effectively utilize staff resources, and would likely engage the community more effectively than the current procedures. Based on past Council comments and the adoption of the AACP, staff is recommending that Master Plans be guiding in nature. PLANNING AND ZONING COMMISSION COMMENTS: Staff met with the Planning and Zoning Commission to review the Master Plan process and to get feedback on the initial direction. The P&Z expressed interest in improving the process, while maintaining the role that the P&Z has held in developing and reviewing plans. The P&Z stated that City Council should be in the role of initiating plans, and that the P&Z should be involved in the public engagement and drafting of a plan. They agreed that a planning process should consist of many citizen boards "championing" the topic or area they have expertise in to ensure a more timely review of a plan. As an example, they expressed frustration in being asked to review the Lifelong Aspenite chapter of the AACP because they are not experts in the health and human services field. They felt that the groups who are experts in that arena should have been tasked with developing and reviewing the chapter. P&Z also supported having timelines associated with reviewing a plan, but cautioned that any time frame should be realistic and flexible. The P&Z was split regarding if Master Plans, including the AACP, should be guiding or regulatory in nature. A majority of P&Z stated that the point of a plan is to serve as a guide for 12.10.2012—Master Plans Code Amendment 2"a Reading Page 2 of 3 the future and as such should guiding in nature. One member expressed concern that if a plan was not regulatory that it would not be implemented. STAFF RECOMMENDATION: Staff recommends adoption of the attached Ordinance. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. 31, Series of 2012, approving code amendments to the Master Plan process." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A— Staff Findings Exhibit B— Proposed Master Plan Code Amendment Language Exhibit C— Proposed Code Amendment Language to Part 100 Exhibit D— Proposed Code Amendment Language to Part 200 Exhibit E— Approved Policy Resolution 104, Series 2012 12.10.2012—Master Plans Code Amendment 2nd Reading Page 3 of 3 Exhibit A: Staff Findings 26.310.050 Amendments to the Land Use Code Standards of review - Adoption. In reviewing an application to amend the text of this Title, per Section 26.310.020(B)(3), Step Three —Public Hearing before City Council, the City Council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Findings: The proposed code amendment is consistent with the Land Use Code. It creates a process for all Master Plans, which currently does not exist. The Land Use Code references the creation of comprehensive plans and master plans, but does not outline the process. This code amendment clarifies the process already allowed in the code. Staff finds this criterion to be met. 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. Staff Findings: As part of the implementation of the Aspen Area Community Plan (AACP), City Council has directed Community Development staff to update the process for initiating, developing, and adopting Master Plans. This direction has been based on the "lessons learned" from the recent adoption of the AACP. Staff finds this criterion to be met. 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. Staff Findings: The intent of the proposed amendments is to ensure a predictable long range planning process. Staff finds this criterion to be met. IL 12.2012 Downtown Zoning I"Reading; Exhibit A Page 1 of I L�� w Chapter 26.311 MASTER PLANS Sections 26.311.010 Purpose 26.311.020 Procedure for Plan Development, Review, and Adoption 26.311.030 Master Plan Use and Effect. 26.311.010. Purpose. The purpose of this Chapter is to provide a means for formulating, adopting, and updating master plans, comprehensive plans, and special area or topical plans. For the purposes of this Chapter, these planning efforts are referred to as "master plans." The City may from time to time adopt, re-adopt, amend, update, or add to the comprehensive community plan (known as the Aspen Area Community Plan or AACP) which establishes and projects the City's land use and development planning philosophy, goals, and policies. The AACP may be broader in scope and serve as a guide for non-land use issues of the community. The AACP shall encourage regional planning with neighboring communities and jurisdictions. The City may from time to time adopt, re-adopt, amend, update, or add to a master plan which establishes and projects the City's philosophy, goals, and policies regarding a particular area, issue, or topic. Examples include a neighborhood plan, a downtown pedestrian plan, and the like. This Chapter outlines a process for adopting master plans focused on land use and development. Plans focusing on non-land use issues may also follow this process. This Chapter does not require all City initiatives to be developed and approved in this manner and does not preclude processes that are not outlined herein. 26.311.020. Procedure for Plan Development, Review, and Adoption A. General. The City of Aspen may from time to time adopt master plans to reflect the needs and aspirations of the community and define methods to achieve those goals. B. Steps required: The following steps may be modified to address the nature of a master plan topic and the needs of the community. The desired steps should be considered during step one, plan initiation. Step eight is required for adoption of a master plan. The City Council may decide to pursue an initiative through other means than outlined below. 1. Step One—Plan Initiation. a. Purpose: To determine if a master plan should be initiated or updated. City of Aspen Land Use Code Part 300—Master Plans Page 1 b. Process: The City Council shall decide whether the City should initiate a master plan. The City Manager, Community Development Director, or City Department Director, as applicable, may provide City Council with a recommendation regarding the initiation of a master plan. Input from city boards, citizens, civic or business groups, and other government organizations should be considered. A general understanding of the topics to be covered, resources needed, the desired process steps, and timeframe for adoption should be considered. c. Form of decision: City Council decision to initiate a master plan shall be by motion. The direction may be provided during a regular meeting or a work session of the Council and may be incorporated into approval of a department work program or budget. - - - - d. Notice requirements: None. 2. Step Two—Existing Conditions/Background Information. a. Purpose: To assemble need information and resources to facilitate plan development. b. Process: City staff shall identify and assemble important background information, studies, reports, etc., as needed to enable an informed dialogue on the topic. Background information may be issued as a report or presented to the public or City boards as applicable. 3. Step Three—Public Outreach. a. Purpose: To facilitate citizen awareness and solicit participation regarding community goals, aspirations, and expectations of the master plan. b. Process: City staff shall engage the public through a variety of efforts, which may include open houses, surveys, small-group meetings, structured feedback sessions, web-based methods, outreach to groups or individuals with particular interest, etc. City Council shall be made aware of the outreach efforts and may from time to time request additional or different techniques. A summary of the outreach efforts and citizen comments may be issued as a report or presented to the public or City boards as applicable. 4. Step Four—Draft Plan. a. Purpose: To assimilate community aspirations into a cohesive plan. b. Process: City staff shall develop a draft master plan that assimilates community aspirations into a plan with a cohesive vision and a set of goals and policy objectives. The plan should be aspirational in nature but should include sufficient detail to guide implementation. A draft plan may take several iterations or be City of Aspen Land Use Code Part 300—Master Plans Page 2 developed in a phased manner. A draft plan may suggest multiple options or strategies for further refinement. 5. Step Five—Establish Comments Period. a. Purpose: To establish a public comments period and identify specific interest groups from which comments are sought. b. Process: Unless otherwise established in step 1, City Council shall determine the length of the comment period. This period may be extended. City Council may request formal comments from certain city boards; citizen, civic, non-profit, or business associations; or, from other governmental bodies. City Council may direct city staff to assist interest groups in the formulation of comments. City Boards in z�_,orm id bent ral c�iiiiii nts, specific ]�t.rl u�{,g<,_,or topical cha wes. car• ether chan,cs and comments as thcN� deem necessarv. c. Form of decision: City Council direction shall be by motion. The direction may be provided during a regular meeting or a work session of the Council. 6. Step Six—Public Review and Comment. a. Purpose: To facilitate citizen awareness of the draft plan and solicit comments, critique, and suggestions on how to improve the plan. b. Process: City staff shall engage the public through a variety of efforts, which may include open houses, surveys, small-group meetings, structured feedback sessions, web-based methods, direct outreach to groups or individuals with particular interest, etc. City Council shall be made aware of the outreach efforts and may from time to time request additional or different techniques or extend the comments time period. A summary of the outreach efforts and comments received may be issued as a report or presented to the public or city boards as applicable. 7. Step Seven—City Council Review. a. Purpose: To review the draft master plan and the comments received and either direct amendments to the draft plan (which may include repeating some of the above steps) or direct staff to proceed to the adoption step. b. Process: City staff shall present the draft plan and the public feedback to City Council. City staff may also present modifications or options to the plan in response to public feedback or suggest repeating some or all of the above steps. City Council shall review the draft plan and provide direction to staff to either amend the plan for further consideration by the Council, amend the plan and repeat some of the above steps, or prepare the plan for adoption. City of Aspen Land Use Code Part 300— Master Plans Page 3 c. Form of decision: City Council direction shall be by motion. The direction may be provided during a regular meeting or a work session of the Council. d. Notice requirements: None. 8. Step Eight— City Council Adoption. a. Purpose: To consider adoption of the master plan. b. Process: City staff shall present City Council with the draft plan along with a summary of the steps taken to develop the plan, comments received, and any suggested amendments to the plan. After receiving comments from the public during a public hearing, City Council may adopt the plan as presented, adopt the plan with amendments, direct amendments to the plan for further consideration, direct staff to repeat of any of the above process steps, or not adopt the plan and terminate the process. c. Standard of Review: City Council shall determine if adoption of the master plan is in the best interests of the community. d. Form of decision: City Council adoption shall be by Resolution, after a public hearing. Direction to staff to amend the plan or repeat any of the process steps above may be by motion. e. Notice requirements: Publication, pursuant to Subparagraph 26.304.060.E.3.a. C. Reciprocal Adoption. City Council may adopt a master plan of another jurisdiction by using the steps outlined above. City Council may condition adoption of a master plan on the adoption of the plan by another jurisdiction. D. Master Planning Termination. Notwithstanding the above steps, City Council may terminate a master planning process at any time by motion of the Council. 26.311.030. Master Plan Use and Effect. Adopted master plans of the City of Aspen shall be guiding and shall not place a burden on property. Master plans may be used to develop proposed legislation (which may burden property), to initiate new policies or operational practices, to develop budgets or department work programs, or to otherwise guide action of the City in the public interest. Master plans shall not be legally binding and shall not regulate or place a burden on real property. City of Aspen Land Use Code Part 300—Master Plans Page 4 �X T Exhibit C—Redline changes to 26.104.030, Comprehensive Community Plan and other plans, guidelines or documents, shall be amended as follows: 26.104.030. Master Plans, Comprehensive Community Plan and other plans, guidelines or documents. A. The City shall from time to time adopt and update a comprehensive community plan (known as the Aspen Area Community Plan or AACP) which shall establish and project the City's land use and development planning philosophy, goals and policies. The comprehensive community plan shall be broad in scope and serve as a guide to all land use development and planning. The plan shall encourage and incorporate regional planning as well as land use development cooperation and coordination between the City and neighboring communities and jurisdictions. B. From time to time the City may re-adopt, amend, extend or add to its comprehensive community plan or carry any part of its subject matter into greater detail through the development of supplemental plans, guidelines or documents,.,_p.qrs«gnt ioect_ c�r26.311.Faster Plans. } and use development, and g. there :7111 „ 1 ....ttst#-as-_a gt+ -ig...car....�:eylatE�ry -> -,,, hM4e f 26.200. AdlyninkAlfallioti Decision 14--1 I Bodie st-0*e-+1-}--")-4i�-Mari*g....shid—1 be- Nncltati:tetil nc�ti e o 11i ....tip awl } c E�1 R-& l e W.....tit= *lati t n.....t to outlined i. {. o Exhibit C--Part 100 Changes Page 1 of 1 Exhibit D—Redline changes to Part 26.200 26.208.010—City Council, Powers and duties. [No Changes to Sections A—H] I. To adopt oi-Elf)c-tuReffis-_that will be used in a guiding ,' capacity by the City,_pursuant two C'hat�t r ?6.311 tc� ctcl t_operational >uid.,lines or documents, and to adopt design_guidelines. 1-elation to tile land tlse development and planning sliall be desci-ibed in the e(mitent-44—he 5 t4fwa4y. Iilere... Le Used....�aS-a gaiding )fat�jay shall be adopteal by Fesolullion . , ordinance.' , 1. , I,,,, ,,,, a.,1,,,,,t r,r r� „,to , ♦ c��l�v-�`ri-rs-�-nzirrr,—z-artiac,nzs..s irc irc�ccr"rrrcrrc�-il�z�t'[irk'.--t�(-�E�t�{�- i t---lie . -in -S�t4*n......-2.4 l tl= ,030 -J41e.. ...t [No Changes to Sections J—P] 26.210.020. Director of Community Development Department. B. Jurisdiction, authority and duties. [No Changes to Sections 1 — 17] 18. To undertake all �f general comprehensive planning responsibilities; [No Changes to Sections 19 —20] 21. To approve, approve with conditions or deny development subject to Chapter 26.520, Accessory Dwelling Units and Carriage Houses; l 22. To extinguish a transferable development right in accordance with Chapter 26.535;: 23 To issu accordance with Chanter 26.540; and 24. To assist and staff all aspects of the Master Planning rocess_in accordance. with Chapter 26.311. 26.212.010. Planning & Zoning Commission, Powers and duties. [No Changes to Sections A—Q] R. To adopt by resolution any pkaxs;�V.er�tional guidelines or documents that will be used_n a guiding capacity by the Commission o recommend via resolution the adoption of any' dcs,ion guidelines or ' e e t by the City Council. "I o provide input on Master Plans in accordance with Chapter 26.311.1=h�w-t1�e n atet-ial a l will he u serve as Exhibit D—Part 200 Changes Pagel of 2 wCom mend ati on to tile Gity Gotl!1611 f'lor adoption of' the doetiffient by ()!'dinanee. Any plans, gt+'M41ws o:}_ are-_adoj)4ed-.by...- s,(.4—4)n sha-l.l...not--tic is proviled-- ...�ineEi-....i-n--SectoEn-?6.-t-N=1:-30; t='e pr :ive-(4)ii+mu4tity.....P-1-t i-anl_t�tiaer guidelines or d- 26.220.010. Historic Preservation Commission, Powers and duties. [No Changes to Sections A-D] E. To adopt by resolution any-pIan-�. L) erational guidelines or documents that will be used in a guiding capacity by the Commission,_ -, '"I"_o recommend via resolution adoption of non -dcsigrt guidelines. ,_.r ,a, ,>,,.„ ,,, . by the City Council. To provide input on Master }'fans. in accordance the d in l,,t;t,;i. u s e desefibe he-Oo*tent-off Lit 1 �sl�zrll 13e to a 1�etl�t . . ,,,,,„,,., ,4 doetiment -.}.}.l...i-n,_Aud�,..a. 1t).._fl..-C44y Co-ancit.....lot a(hg}t.it)-n f4 the. ord-I�z�+nc�j r xy plates-g idr3l it - c tti�t�,...that a title l3#mil ice- + � �� s} of rtEat l of tpt -uft6f Plan and other notiee is provided as o,itlined in Seetion 6.104,0'40 plans. iguidelities or documen's,- [No Changes to Sections F-K] Exhibit D—Part 200 Changes Page 2 of 2 ORDINANCE No. 31 (Series of 2012) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMNETS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE: ADDING A NEW SECTION, SECTION 26.311, MASTER PLANS, AND AMENDING SECTIONS 26.104.030, COMPREHENSIVE COMMUNITY PLAN AND OTHER PLANS, GUIDELINES OR DOCUMENTS, 26.208.010, CITY COUNCIL - POWERS AND DUTIES 26.210.020, COMMUNITY DEVELOPMENT DEPARTMENT - DIRECTOR OF COMMUNITY DEVELOPMENT DEPARTMENT, 26.212.010, PLANNING AND ZONING COMMISSION - POWERS AND DUTIES, AND 26.220.010, HISTORIC PRESERVATION COMMISSION—POWERS AND DUTIES. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to explore code amendments related to the master plan process; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach with the Planning and Zoning Commission to gain feedback on potential code changes to the Master Plan process; and, WHEREAS, during a duly noticed public hearing on November 12, 2012, the City Council approved a Policy Resolution, Resolution 104, Series of 2012, directing staff to process code amendments related to heights and land uses in the downtown, by a four - one (4 - 1) vote; and, WHEREAS, the Community Development Director has recommended approval of adding the proposed new section, Section 26.311, Master Plans, to the Land Use Code, and recommended approval of the proposed amendments to the City of Aspen Land Use Code Sections 26.208.010, City Council - Powers and Duties 26.210.020, Community Development Department - Director of Community Development Department, 26.212.010, Planning and Zoning Commission - Powers and Duties, and 26.220.010, Historic Preservation Commission — Powers and Duties; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and City Council Ord #31 of 2012 Master Plans Code Amendments Page 1 of 7 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO THAT: Section 1: A new Section of the Land Use Code, Section 26.311 — Master Plans, is hereby added to the Land Use Code, as follows: Chapter 26.311 MASTER PLANS Sections 26.311.010 Purpose 26.311.020- Procedure for Plan Development, Review, and Adoption 26.311.030 Master Plan Use and Effect. 26.311.010. Purpose. The purpose of this Chapter is to provide a means for formulating, adopting, and updating master plans, comprehensive plans, and special area or topical plans. For the purposes of this Chapter, these planning efforts are referred to as "master plans." The City may from time to time adopt, re-adopt, amend, update, or add to the comprehensive community plan (known as the Aspen Area Community Plan or AACP) which establishes and projects the City's land use and development planning philosophy, goals, and policies. The AACP may be broader in scope and serve as a guide for non-land use issues of the community. The AACP shall encourage regional planning with neighboring communities and jurisdictions. The City may from time to time adopt, re-adopt, amend, update, or add to a master plan which establishes and projects the City's philosophy, goals, and policies regarding a particular area, issue, or topic. Examples include a neighborhood plan, a downtown pedestrian plan, and the like. This Chapter outlines a process for adopting master plans focused on land use and development. Plans focusing on non-land use issues may also follow this process. This Chapter does not require all City initiatives to be developed and approved in this manner and does not preclude processes that are not outlined herein. 26.311.020. Procedure for Plan Development, Review, and Adoption A. General. The City of Aspen may from time to time adopt master plans to reflect the needs and aspirations of the community and define methods to achieve those goals. B. Steps required: The following steps may be modified to address the nature of a master plan topic and the needs of the community. The desired steps should be considered during step one, plan initiation. Step eight is required for adoption of a master plan. The City Council may decide to pursue an initiative through other means than outlined below. 1. Step One—Plan Initiation. a. Purpose: To determine if a master plan should be initiated or updated. City Council Ord #31 of 2012 Master Plans Code Amendments Page 2 of 7 b. Process: The City Council shall decide whether the City should initiate a master plan. The City Manager, Community Development Director, or City Department Director, as applicable, may provide City Council with a recommendation regarding the initiation of a master plan. Input from city boards, citizens, civic or business groups, and other government organizations should be considered. A general understanding of the topics to be covered, resources needed, the desired process steps, and timeframe for adoption should be considered. c. Form of decision: City Council decision to initiate a master plan shall be by motion. The direction may be provided during a regular meeting or a work session of the Council and may be incorporated into approval of a department work program or budget. d. Notice requirements: None. 2. Step Two—Existing Conditions/Background Information. a. Purpose: To assemble need information and resources to facilitate plan development. b. Process: City staff shall identify and assemble important background information, studies, reports, etc., as needed to enable an informed dialogue on the topic. Background information may be issued as a report or presented to the public or City boards as applicable. 3. Step Three—Public Outreach. a. Purpose: To facilitate citizen awareness and solicit participation regarding community goals, aspirations, and expectations of the master plan. b. Process: City staff shall engage the public through a variety of efforts, which may include open houses, surveys, small-group meetings, structured feedback sessions, web-based methods, outreach to groups or individuals with particular interest, etc. City Council shall be made aware of the outreach efforts and may from time to time request additional or different techniques. A summary of the outreach efforts and citizen comments may be issued as a report or presented to the public or City boards as applicable. 4. Step Four—Draft Plan. a. Purpose: To assimilate community aspirations into a cohesive plan. b. Process: City staff shall develop a draft master plan that assimilates community aspirations into a plan with a cohesive vision and a set of goals and policy objectives. The plan should be aspirational in nature but should include sufficient detail to guide implementation. A draft plan may take several iterations or be developed in a phased manner. A draft plan may suggest multiple options or strategies for further refinement. 5. Step Five—Establish Comments Period. a. Purpose: To establish a public comments period and identify specific interest groups from which comments are sought. b. Process: Unless otherwise established in step 1, City Council shall determine the length of the comment period. This period may be extended. City Council may City Council Ord #31 of 2012 Master Plans Code Amendments Page 3 of 7 request formal comments from certain city boards; citizen, civic, non-profit, or business associations; or, from other governmental bodies. City Council may direct city staff to assist interest groups in the formulation of comments. City Boards may provide general comments, specific language or topical changes, or other changes and comments as they deem necessary. c. Form of decision: City Council direction shall be by motion. The direction may be provided during a regular meeting or a work session of the Council. 6. Step Six—Public Review and Comment. a. Purpose: To facilitate citizen awareness of the draft plan and solicit comments, critique, and suggestions on how to improve the plan. b. Process: City staff shall engage the public through a variety of efforts, which may include open houses, surveys, small-group meetings, structured feedback sessions, web-based methods, direct outreach to groups or individuals with particular interest, etc. City Council shall be made aware of the outreach efforts and may from time to time request additional or different techniques or extend the comments time period. A summary of the outreach efforts and comments received may be issued as a report or presented to the public or city boards as applicable. 7. Step Seven—City Council Review. a. Purpose: To review the draft master plan and the comments received and either direct amendments to the draft plan (which may include repeating some of the above steps) or direct staff to proceed to the adoption step. b. Process: City staff shall present the draft plan and the public feedback to City Council. City staff may also present modifications or options to the plan in response to public feedback or suggest repeating some or all of the above steps. City Council shall review the draft plan and provide direction to staff to either amend the plan for further consideration by the Council, amend the plan and repeat some of the above steps, or prepare the plan for adoption. c. Form of decision: City Council direction shall be by motion. The direction may be provided during a regular meeting or a work session of the Council. d. Notice requirements: None. 8. Step Eight—City Council Adoption. a. Purpose: To consider adoption of the master plan. b. Process: City staff shall present City Council with the draft plan along with a summary of the steps taken to develop the plan, comments received, and any suggested amendments to the plan. After receiving comments from the public during a public hearing, City Council may adopt the plan as presented, adopt the plan with amendments, direct amendments to the plan for further consideration, direct staff to repeat of any of the above process steps, or not adopt the plan and terminate the process. c. Standard of Review: City Council shall determine if adoption of the master plan is in the best interests of the community. City Council Ord 431 of 2012 Master Plans Code Amendments Page 4 of 7 d. Form of decision: City Council adoption shall be by Resolution, after a public hearing. Direction to staff to amend the plan or repeat any of the process steps above may be by motion. e. Notice requirements: Publication, pursuant to Subparagraph 26.304.060.E.3.a. C. Reciprocal Adoption. City Council may adopt a master plan of another jurisdiction by using the steps outlined above. City Council may condition adoption of a master plan on the adoption of the plan by another jurisdiction. D. Master Planning Termination. Notwithstanding the above steps, City Council may terminate a master planning process at any time by motion of the Council. 26.311.030. Master Plan Use and Effect. Adopted master plans of the City of Aspen shall be guiding and shall not place a burden on property. Master plans may be used to develop proposed legislation (which may burden property), to initiate new policies or operational practices, to develop budgets or department work programs, or to otherwise guide action of the City in the public interest. Master plans shall not be legally binding and shall not regulate or place a burden on real property. Section 2: 26.208.010, City Council - Powers and Duties, shall be amended as follows: [No Changes to Sections A —H] I. To adopt any plans, guidelines or documents that will be used in a guiding or regulatory capacity by the City; [No Changes to Section J—P] Section 3: 26.210.020.13.18-24, Community Development Department - Director of Community Development Department, shall be amended as follows: [No Changes to Sections I — 17] 18. To undertake all general comprehensive planning responsibilities; [No Changes to Sections 19—20] 21. To approve, approve with conditions or deny development subject to Chapter 26.520, Accessory Dwelling Units and Carriage Houses; 22. To extinguish a transferable development right in accordance with Chapter 26.535; 23. To issue and extinguish Affordable Housing Certificates in accordance with Chapter 26.540; and 24. To assist and staff all aspects of the Master Planning process in accordance with Chapter 26.311. Section 4: 26.212.010, Planning and Zoning Commission - Powers and Duties, shall be amended as follows: [No Changes to Sections A — Q] City Council Ord #31 of 2012 Master Plans Code Amendments Page 5 of 7 R. To adopt by resolution any operational guidelines or documents that will be used guiding capacity by the Commission. To recommend via resolution the adoption of design guidelines by the City Council. To provide input on Master Plans, in accordance with Chapter 26.311. Section 5: 26.220.010, Historic Preservation Commission — Powers and Duties, shall be amended as follows: [No Changes to Sections A —DJ E. To adopt by resolution any operational guidelines or documents that will be used in a guiding capacity by the Commission. To recommend via resolution adoption of design guidelines by the City Council. To provide input on Master Plans, in accordance with Chapter 26.311; [No Changes to Sections F—K] Section 6: 26.104.030, Comprehensive Community Plan and other plans, guidelines or documents, shall be amended as follows: 26.104.030. Master Plans, Comprehensive Community Plan and other plans, guidelines or documents. A. The City shall from time to time adopt and update a comprehensive community plan (known as the Aspen Area Community Plan or AACP) which shall establish and project the City's land use and development planning philosophy, goals and policies. The comprehensive community plan shall be broad in scope and serve as a guide to all land use development and planning. The plan shall encourage and incorporate regional planning as well as land use development cooperation and coordination between the City and neighboring communities and jurisdictions. B. From time to time the City may re-adopt, amend, extend or add to its comprehensive community plan or carry any part of its subject matter into greater detail through the development of supplemental plans, guidelines or documents, pursuant to Section 26.311, Master Plans, Section 7: Effect Upon Existing Litilzation. 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 8: 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 9: 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 10: City Council Ord #31 of 2012 Master Plans Code Amendments Page 6 of 7 A public hearing on this ordinance shall be held on the 101h day of December, 2012, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26th day of November, 2012. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland,Mayor FINALLY, adopted, passed and approved this_day of ,2012. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland,Mayor Approved as to form: City Attorney City Council Ord 931 of 2012 Master Plans Code Amendments Page 7 of 7 1 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO -T SCHEDULED PUBLIC HEARING DATE: I i 20 f Z 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: i� Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen(15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice,which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing and was continuously visible from the_day of , 20_, to and including the date and time of the public hearing. A photograph of the posted notice ("sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (Continued on next page) Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise,the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. i '. Si a e RD The,farego ing "A idavit of Notice" was acknowledged bi�fo;e me this day of '`�/�..� , 2012, by JCI'LIL�/�C i 7 PUBLIC NOTICE RE:Code Amendments to the City of Aspen WITNESS MY HAND AND OFFICIAL SEAL Land Use Code(Title 26),related to Master Plans,including adding a new section,Section 26.311,Master Plans,and amending Sections 26.104.030,Comprehensive Community Plan and other plans,guidelines or documents, My commission expires. 26.208.010,City Council-Powers and Duties 26.210.020,Community Development Depart- ment-Director of Community Development Department,26.212.010,Planning and Zoning Commission - Powers and Duties, and 1,0 61A P0 26.220.010,Historic Preservation Commission- Powers and Duties. Notary Public. NOTICE IS HEREBY GIVEN that a public hearing ""J will be held on Monday,December 10,2012,to begin at 5:00 p.m.before the Aspen City Council, Council Chambers,City Hall,130 S.Galena St., Aspen,to consider a code amendment to Title 26, the City of Aspen Land Use Code,that would add a new section regarding the Master Plan process and would amend the powers and duties of the Com- munity Development Department,City Council,the Planning&Zoning Commission,and the Historic Preservation Commission related to the creation FACIIn�NTS AS APPLICABLE and adoption of Master Plans. For further informa- tion,contact Jessica Garrow at the City of Aspen ATION Community D"eve o epartment 130 S.Ga- lena St., CO 970.429.2780,(or by email Aspen, * lessicacarrow�cityofasoen com POSTED NOTICE (SIGN) * A plenCtyrCounciMMayor D GOVERNMENT AGENGIES NOTIED Published in the Aspen Times on November 22, 2012.(812886) * -T jujL%_ri,4 I it,E+x t tuiCATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 MEMORANDUM TO: Mayor and City Council FROM: Jessica Garrow, Long Range Planner)N6 THRU: Chris Bendon, Community Development Director RE: Master Plan Process Code Amendment Ordinance_, Series of 2012, First Reading DATE OF MEMO: November 19, 2012 MEETING DATE: November 26, 2012 SUMMARY: The attached Ordinance includes proposed code amendments to the Master Plan Process based on Council direction provided as part of the Policy Resolution passed November 12, 2012. The objective of the proposed code amendments is to update and streamline the process for initiating, developing, and adopting all Master Plans. STAFF RECOMMENDATION: Staff recommends approval of the proposed Ordinance. LAND USE REQUESTS AND REVIEW PROCEDURES: This is the 1" reading of proposed code amendments to change the Master Plan process. Pursuant to Land Use Code Section 26.310, City Council is the final review authority for all code amendments. All code amendments are subject to a three-step process. This is the second step in the process: 1. Public Outreach 2. Policy Resolution by City Council indicating if an amendment should the pursued 3. Public Hearings on Ordinance outlining specific code amendments. BACKGROUND& OVERVIEW: The Land Use Code does not outline a specific process for the initiation, development, or adoption of any Plan. The code identifies the Aspen Area Community Plan, but no specific process for developing or adopting the AACP is outlined. In addition, the code does not address how other plans, such as the Civic Master Plan, or a neighborhood plan, should be created. As part of the implementation of the Aspen Area Community Plan (AACP), City Council expressed a desire to explore modifications to the review and adoption process for the AACP. Council members have asked staff to consider the length of the process, the role of the community, P&Z, Council, and staff in any update, as well as the frequency of updates. 11.26.2012—Master Plans Code Amendment I st Reading Pagel of 3 Though the City has made. significant efforts to engage the community on planning in general and the AACP in particular, the code does not require public outreach on long range planning efforts. Participation by the community is essentially limited to the traditional public hearings. PROPOSED PROCESS: In an effort to clarify the process and enable future long range plans to be reviewed and adopted expeditiously, staff proposes the following change to the review process for all long range and master plans: 1. City Council initiation of a plan. 2. Compile existing conditions/background information as necessary. (staff) 3. Conduct a public outreach process. (staff) 4. Write a draft plan based on steps 2 & 3. (staff) 5. Hold a comment period for the community and boards. During this time, P&Z and HPC would be asked to provide formal comments on the plan. This could include proposing specific language changes, requesting additional public outreach, or providing general comments. (The length of the comment period would be determined by City Council) 6. Public review of the plan through public outreach and/or hearings. 7. Repeat any steps, as determined necessary by City Council. 8. Formal review and adoption of plan by City Council. This proposal is very similar to how the federal government conducts their public process. Staff believes this review process would effectively utilize staff resources, and would likely engage the community more effectively than the current procedures. Based on past Council comments and the adoption of the AACP, staff is recommending that Master Plans be guiding in nature. PLANNING AND ZONING COMMISSION COMMENTS: Staff met with the Planning and Zoning Commission to review the Master Plan process and to get feedback on the initial direction. The P&Z expressed interest in improving the process, while maintaining the role that the P&Z has held in developing and reviewing plans. The P&Z stated that City Council should be in the role of initiating plans, and that the P&Z should be involved in the public engagement and drafting of a plan. They agreed that a planning process should consist of many citizen boards "championing" the topic or area they have expertise in to ensure a more timely review of a plan. As an example, they expressed frustration in being asked to review the Lifelong Aspenite chapter of the AACP because they are not experts in the health and human services field. They felt that the groups who are experts in that arena should have been tasked with developing and reviewing the chapter. P&Z also supported having timelines associated with reviewing a plan, but cautioned that any time frame should be realistic and flexible. The P&Z was split regarding if Master Plans, including the AACP, should be guiding or regulatory in nature. A majority of P&Z stated that the point of a plan is to serve as a guide for 11.26.2012—Master Plans Code Amendment 151 Reading Page 2 of 3 the future and as such should guiding in nature. One member expressed concern that if a plan was not regulatory that it would not be implemented. STAFF RECOMMENDATION: Staff recommends adoption of the attached Ordinance. RECOMMENDED MOTION(ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. , Series of 2012, approving code amendments to the Master Plan process, on first reading." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A— Staff Findings Exhibit B— Proposed Master Plan Code Amendment Language Exhibit C— Proposed Code Amendment Language to Part 100 Exhibit D— Proposed Code Amendment Language to Part 200 Exhibit E— Approved Policy Resolution 104, Series 2012 11.26.2012—Master Plans Code Amendment 0 Reading Page 3 of 3 ORDINANCE No. (Series of 2012) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMNETS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE: ADDING A NEW SECTION, SECTION 26.311, MASTER PLANS, AND AMENDING SECTIONS 26.104.030, COMPREHENSIVE COMMUNITY PLAN AND OTHER PLANS, GUIDELINES OR DOCUMENTS, 26.208.010, CITY COUNCIL - POWERS AND DUTIES 26.210.020, COMMUNITY DEVELOPMENT DEPARTMENT - DIRECTOR OF COMMUNITY DEVELOPMENT DEPARTMENT, 26.212.010, PLANNING AND ZONING COMMISSION - POWERS AND DUTIES, AND 26.220.010, HISTORIC PRESERVATION COMMISSION—POWERS AND DUTIES. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to explore code amendments related to the master plan process; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach with the Planning and Zoning Commission to gain feedback on potential code changes to the Master Plan process; and, WHEREAS, during a duly noticed public hearing on November 12, 2012, the City Council approved a Policy Resolution, Resolution 104, Series of 2012, directing staff to process code amendments related to heights and land uses in the downtown, by a four - one (4 - 1) vote; and, WHEREAS, the Community Development Director has recommended approval of adding the proposed new section, Section 26.311, Master Plans, to the Land Use Code, and recommended approval of the proposed amendments to the City of Aspen Land Use Code Sections 26.208.010, City Council - Powers and Duties 26.210.020, Community Development Department - Director of Community Development Department, 26.212.010, Planning and Zoning Commission - Powers and Duties, and 26.220.010, Historic Preservation Commission — Powers and Duties; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and City Council Ord #_of 2012 Master Plans Code Amendments Page 1 of 7 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: A new Section of the Land Use Code, Section 26.311 — Master Plans, is hereby added to the Land Use Code, as follows: Chapter 26.311 MASTER PLANS Sections - - - - - - 26.311.010 Purpose 26.311.020 Procedure for Plan Development, Review, and Adoption 26.311.030 Master Plan Use and Effect. 26.311.010. Purpose. The purpose of this Chapter is to provide a means for formulating, adopting, and updating master plans, comprehensive plans, and special area or topical plans. For the purposes of this Chapter, these planning efforts are referred to as "master plans." The City may from time to time adopt, re-adopt, amend, update, or add to the comprehensive community plan (known as the Aspen Area Community Plan or AACP) which establishes and projects the City's land use and development planning philosophy, goals, and policies. The AACP may be broader in scope and serve as a guide for non-land use issues of the community. The AACP shall encourage regional planning with neighboring communities and jurisdictions. The City may from time to time adopt, re-adopt, amend, update, or add to a master plan which establishes and projects the City's philosophy, goals, and policies regarding a particular area, issue, or topic. Examples include a neighborhood plan, a downtown pedestrian plan, and the like. This Chapter outlines a process for adopting master plans focused on land use and development. Plans focusing on non-land use issues may also follow this process. This Chapter does not require all City initiatives to be developed and approved in this manner and does not preclude processes that are not outlined herein. 26.311.020. Procedure for Plan Development, Review, and Adoption A. General. The City of Aspen may from time to time adopt master plans to reflect the needs and aspirations of the community and define methods to achieve those goals. B. Steps required: The following steps may be modified to address the nature of a master plan topic and the needs of the community. The desired steps should be considered during step one, plan initiation. Step eight is required for adoption of a master plan. The City Council may decide to pursue an initiative through other means than outlined below. 1. Step One—Plan Initiation. a. Purpose: To determine if a master plan should be initiated or updated. City Council Ord#_of 2012 Master Plans Code Amendments Page 2 of 7 b. Process: The City Council shall decide whether the City should initiate a master plan. The City Manager, Community Development Director, or City Department Director, as applicable, may provide City Council with a recommendation regarding the initiation of a master plan. Input from city boards, citizens, civic or business groups, and other government organizations should be considered. A general understanding of the topics to be covered, resources needed, the desired process steps, and timeframe for adoption should be considered. c. Form of decision: City Council decision to initiate a master plan shall be by motion. The direction may be provided during a regular meeting or a work session of the Council and may be incorporated into approval of a department work program or budget. d. Notice requirements: None. 2. Step Two—Existing Conditions/Background Information. a. Purpose: To assemble need information and resources to facilitate plan development. b. Process: City staff shall identify and assemble important background information, studies, reports, etc., as needed to enable an informed dialogue on the topic. Background information may be issued as a report or presented to the public or City boards as applicable. 3. Step Three—Public Outreach. a. Purpose: To facilitate citizen awareness and solicit participation regarding community goals, aspirations, and expectations of the master plan. b. Process: City staff shall engage the public through a variety of efforts, which may include open houses, surveys, small-group meetings, structured feedback sessions, web-based methods, outreach to groups or individuals with particular interest, etc. City Council shall be made aware of the outreach efforts and may from time to time request additional or different techniques. A summary of the outreach efforts and citizen comments may be issued as a report or presented to the public or City boards as applicable. 4. Step Four—Draft Plan. a. Purpose: To assimilate community aspirations into a cohesive plan. b. Process: City staff shall develop a draft master plan that assimilates community aspirations into a plan with a cohesive vision and a set of goals and policy objectives. The plan should be aspirational in nature but should include sufficient detail to guide implementation. A draft plan may take several iterations or be developed in a phased manner. A draft plan may suggest multiple options or strategies for further refinement. 5. Step Five—Establish Comments Period. a. Purpose: To establish a public comments period and identify specific interest groups from which comments are sought. b. Process: Unless otherwise established in step 1, City Council shall determine the length of the comment period. This period may be extended. City Council may City Council Ord#_of 2012 Master Plans Code Amendments Page 3 of 7 request formal comments from certain city boards; citizen, civic, non-profit, or business associations; or, from other governmental bodies. City Council may direct city staff to assist interest groups in the formulation of comments. c. Form of decision: City Council direction shall be by motion. The direction may be provided during a regular meeting or a work session of the Council. 6. Step Six—Public Review and Comment. a. Purpose: To facilitate citizen awareness of the draft plan and solicit comments, critique, and suggestions on how to improve the plan. b. Process: City staff shall engage the public through a variety of efforts, which may include open houses, surveys, small-group meetings, structured feedback sessions, web-based methods, direct outreach to groups or individuals with particular interest, etc. City Council shall be made aware of the outreach efforts and may from time to time request additional or different techniques or extend the comments time period. A summary of the outreach efforts and comments received may be issued as a report or presented to the public or city boards as applicable. 7. Step Seven—City Council Review. a. Purpose: To review the draft master plan and the comments received and either direct amendments to the draft plan (which may include repeating some of the above steps) or direct staff to proceed to the adoption step. b. Process: City staff shall present the draft plan and the public feedback to City Council. City staff may also present modifications or options to the plan in response to public feedback or suggest repeating some or all of the above steps. City Council shall review the draft plan and provide direction to staff to either amend the plan for further consideration by the Council, amend the plan and repeat some of the above steps, or prepare the plan for adoption. c. Form of decision: City Council direction shall be by motion. The direction may be provided during a regular meeting or a work session of the Council. d. Notice requirements: None. 8. Step Eight—City Council Adoption. a. Purpose: To consider adoption of the master plan. b. Process: City staff shall present City Council with the draft plan along with a summary of the steps taken to develop the plan, comments received, and any suggested amendments to the plan. After receiving comments from the public during a public hearing, City Council may adopt the plan as presented, adopt the plan with amendments, direct amendments to the plan for further consideration, direct staff to repeat of any of the above process steps, or not adopt the plan and terminate the process. c. Standard of Review: City Council shall determine if adoption of the master plan is in the best interests of the community. d. Form of decision: City Council adoption shall be by Resolution, after a public hearing. Direction to staff to amend the plan or repeat any of the process steps above may be by motion. City Council Ord #_of 2012 Master Plans Code Amendments Page 4 of 7 e. Notice requirements: Publication, pursuant to Subparagraph 26.304.060.E.3.a. C. Reciprocal Adoption. City Council may adopt a master plan of another jurisdiction by using the steps outlined above. City Council may condition adoption of a master plan on the adoption of the plan by another jurisdiction. D. Master Planning Termination. Notwithstanding the above steps, City Council may terminate a master planning process at any time by motion of the Council. 26.311.030. Master Plan Use and Effect. Adopted master plans of the City of Aspen shall be guiding and shall not place a burden on property. Master plans may be used to develop proposed legislation (which may burden property), to initiate new policies or operational practices, to develop budgets or department work programs, or to otherwise guide action of the City in the public interest. Master plans shall not be legally binding and shall not regulate or place a burden on real property. Section 2: 26.208.010, City Council - Powers and Duties, shall be amended as follows: [No Changes to Sections A —H] I. To adopt any plans, guidelines or documents that will be used in a guiding or regulatory capacity by the City; [No Changes to Section J P] Section 3: 26.210.020.13.18-24, Community Development Department - Director of Community Development Department, shall be amended as follows: [No Changes to Sections 1 — 17] 18. To undertake all general comprehensive planning responsibilities; [No Changes to Sections 19—20] 21. To approve, approve with conditions or deny development subject to Chapter 26.520, Accessory Dwelling Units and Carriage Houses; 22. To extinguish a transferable development right in accordance with Chapter 26.535; 23. To issue and extinguish Affordable Housing Certificates in accordance with Chapter 26.540; and 24. To assist and staff all aspects of the Master Planning process in accordance with Chapter 26.311. Section 4: 26.212.010, Planning and Zoning Commission - Powers and Duties, shall be amended as follows: [No Changes to Sections A — Q] R. To adopt by resolution any operational guidelines or documents that will be used guiding capacity by the Commission. To recommend via resolution the adoption of design guidelines by the City Council. To provide input on Master Plans, in accordance with Chapter 26.311. City Council Ord # of 2012 Master Plans Code Amendments Page 5 of 7 Section 5: 26.220.010, Historic Preservation Commission — Powers and Duties, shall be amended as follows: [No Changes to Sections A —DJ E. To adopt by resolution any operational guidelines or documents that will be used in a guiding capacity by the Commission. To recommend via resolution adoption of design guidelines by the City Council. To provide input on Master Plans, in accordance with Chapter 26.311; [No Changes to Sections F—K] Section 6: 26.104.030, Comprehensive Community Plan and other plans, guidelines or documents, shall be amended as follows: 26.104.030. Master Plans, Comprehensive Community Plan and other plans, guidelines or documents. A. The City shall from time to time adopt and update a comprehensive community plan (known as the Aspen Area Community Plan or AACP) which shall establish and project the City's land use and development planning philosophy, goals and policies. The comprehensive community plan shall be broad in scope and serve as a guide to all land use development and planning. The plan shall encourage and incorporate regional planning as well as land use development cooperation and coordination between the City and neighboring communities and jurisdictions. B. From time to time the City may re-adopt, amend, extend or add to its comprehensive community plan or carry any part of its subject matter into greater detail through the development of supplemental plans, guidelines or documents, pursuant to Section 26.311, Master Plans. Section 7: 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 8: 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 9: 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 10: A public hearing on this ordinance shall be held on the 10`h day of December, 2012, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 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. City Council Ord # of 2012 Master Plans Code Amendments Page 6 of 7 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of 52012. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland,Mayor FINALLY, adopted, passed and approved this_day of ,2012. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Approved as to form: City Attorney City Council Ord # of 2012 Master Plans Code Amendments Page 7 of 7 Exhibit A: Staff Findings 26.310.050 Amendments to the Land Use Code Standards of review - Adoption. In reviewing an application to amend the text of this Title, per Section 26.310.020(B)(3), Step Three—Public Hearing before City Council, the City Council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Findings: The proposed code amendment is consistent with the Land Use Code. It creates a process for all Master Plans, which currently does not exist. The Land Use Code references the creation of comprehensive plans and master plans, but does not outline the process. This code amendment clarifies the process already allowed in the code. Staff finds this criterion to be met. 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. Staff Findings: As part of the implementation of the Aspen Area Community Plan (AACP), City Council has directed Community Development staff to update the process for initiating, developing, and adopting Master Plans. This direction has been based on the "lessons learned" from the recent adoption of the AACP. Staff finds this criterion to be met. 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. Staff Findings: The intent of the proposed amendments is to ensure a predictable long range planning process. Staff finds this criterion to be met. 11.12,2012 Downtown Zoning 1"Reading; Exhibit A Page 1 of 1 b .B Chapter 26.311 MASTER PLANS Sections 26.311.010 Purpose 26.311.020 Procedure for Plan Development, Review, and Adoption 26.311.030 Master Plan Use and Effect. 26.311.010. Purpose. The purpose of this Chapter is to provide a means for formulating, adopting, and updating master plans, comprehensive plans, and special area or topical plans. For the purposes of this Chapter, these planning efforts are referred to as "master plans." The City may from time to time adopt, re-adopt, amend, update, or add to the comprehensive community plan (known as the Aspen Area Community Plan or AACP) which establishes and projects the City's land use and development planning philosophy, goals, and policies. The AACP may be broader in scope and serve as a guide for non-land use issues of the community. The AACP shall encourage regional planning with neighboring communities and jurisdictions. The City may from time to time adopt, re-adopt, amend, update, or add to a master plan which establishes and projects the City's philosophy, goals, and policies regarding a particular area, issue, or topic. Examples include a neighborhood plan, a downtown pedestrian plan, and the like. This Chapter outlines a process for adopting master plans focused on land use and development. Plans focusing on non-land use issues may also follow this process. This Chapter does not require all City initiatives to be developed and approved in this manner and does not preclude processes that are not outlined herein. 26.311.020. Procedure for Plan Development, Review, and Adoption A. General. The City of Aspen may from time to time adopt master plans to reflect the needs and aspirations of the community and define methods to achieve those goals. B. Steps required: The following steps may be modified to address the nature of a master plan topic and the needs of the community. The desired steps should be considered during step one, plan initiation. Step eight is required for adoption of a master plan. The City Council may decide to pursue an initiative through other means than outlined below. 1. Step One—Plan Initiation. a. Purpose: To determine if a master plan should be initiated or updated. City of Aspen Land Use Code Part 300—Master Plans Page 1 b. Process: The City Council shall decide whether the City should initiate a master plan. The City Manager, Community Development Director, or City Department Director, as applicable, may provide City Council with a recommendation regarding the initiation of a master plan. Input from city boards, citizens, civic or business groups, and other government organizations should be considered. A general understanding of the topics to be covered, resources needed, the desired process steps, and timeframe for adoption should be considered. c. Form of decision: City Council decision to initiate a master plan shall be by motion. The direction may be provided during a regular meeting or a work session of the Council and may be incorporated into approval of a department work program or budget. d. Notice requirements: None. 2. Step Two—Existing Conditions/Background Information. a. Purpose: To assemble need information and resources to facilitate plan development. b. Process: City staff shall identify and assemble important background information, studies, reports, etc., as needed to enable an informed dialogue on the topic. Background information may be issued as a report or presented to the public or City boards as applicable. 3. Step Three—Public Outreach. a. Purpose: To facilitate citizen awareness and solicit participation regarding community goals, aspirations, and expectations of the master plan. b. Process: City staff shall engage the public through a variety of efforts, which may include open houses, surveys, small-group meetings, structured feedback sessions, web-based methods, outreach to groups or individuals with particular interest, etc. City Council shall be made aware of the outreach efforts and may from time to time request additional or different techniques. A summary of the outreach efforts and citizen comments may be issued as a report or presented to the public or City boards as applicable. 4. Step Four—Draft Plan. a. Purpose: To assimilate community aspirations into a cohesive plan. b. Process: City staff shall develop a draft master plan that assimilates community aspirations into a plan with a cohesive vision and a set of goals and policy objectives. The plan should be aspirational in nature but should include sufficient detail to guide implementation. A draft plan may take several iterations or be City of Aspen Land Use Code Part 300—Master Plans Page 2 developed in a phased manner. A draft plan may suggest multiple options or strategies for further refinement. 5. Step Five—Establish Comments Period. a. Purpose: To establish a public comments period and identify specific interest groups from which comments are sought. b. Process: Unless otherwise established in step 1, City Council shall determine the length of the comment period. This period may be extended. City Council may request formal comments from certain city boards; citizen,_ civic, non-profit, or business associations; or, from other governmental bodies. City Council may direct city staff to assist interest groups in the formulation of comments. c. Form of decision: City Council direction shall be by motion. The direction may be provided during a regular meeting or a work session of the Council. 6. Step Six—Public Review and Comment. a. Purpose: To facilitate citizen awareness of the draft plan and solicit comments, critique, and suggestions on how to improve the plan. b. Process: City staff shall engage the public through a variety of efforts, which may include open houses, surveys, small-group meetings, structured feedback sessions, web-based methods, direct outreach to groups or individuals with particular interest, etc. City Council shall be made aware of the outreach efforts and may from time to time request additional or different techniques or extend the comments time period. A summary of the outreach efforts and comments received may be issued as a report or presented to the public or city boards as applicable. 7. Step Seven— City Council Review. a. Purpose: To review the draft master plan and the comments received and either direct amendments to the draft plan (which may include repeating some of the above steps) or direct staff to proceed to the adoption step. b. Process: City staff shall present the draft plan and the public feedback to City Council. City staff may also present modifications or options to the plan in response to public feedback or suggest repeating some or all of the above steps. City Council shall review the draft plan and provide direction to staff to either amend the plan for further consideration by the Council, amend the plan and repeat some of the above steps, or prepare the plan for adoption. c. Form of decision: City Council direction shall be by motion. The direction may be provided during a regular meeting or a work session of the Council. City of Aspen Land Use Code Part 300—Master Plans Page 3 d. Notice requirements: None. 8. Step Eight—City Council Adoption. a. Purpose: To consider adoption of the master plan. b. Process: City staff shall present City Council with the draft plan along with a summary of the steps taken to develop the plan, comments received, and any suggested amendments to the plan. After receiving comments from the public during a public hearing, City Council may adopt the plan as presented, adopt the plan with amendments, direct amendments to the plan for further consideration, direct staff to repeat of any of the above process steps, or not adopt the plan and terminate the process. c. Standard of Review: City Council shall determine if adoption of the master plan is in the best interests of the community. d. Form of decision: City Council adoption shall be by Resolution, after a public hearing. Direction to staff to amend the plan or repeat any of the process steps above may be by motion. e. Notice requirements: Publication, pursuant to Subparagraph 26.304.060.E.3.a. C. Reciprocal Adoption. City Council may adopt a master plan of another jurisdiction by using the steps outlined above. City Council may condition adoption of a master plan on the adoption of the plan by another jurisdiction. D. Master Planning Termination. Notwithstanding the above steps, City Council may terminate a master planning process at any time by motion of the Council. 26.311.030. Master Plan Use and Effect. Adopted master plans of the City of Aspen shall be guiding and shall not place a burden on property. Master plans may be used to develop proposed legislation (which may burden property), to initiate new policies or operational practices, to develop budgets or department work programs, or to otherwise guide action of the City in the public interest. Master plans shall not be legally binding and shall not regulate or place a burden on real property. City of Aspen Land Use Code Part 300—Master Plans Page 4 Exhibit C-Redline changes to 26.104.030, Comprehensive Community Plan and other plans, guidelines or documents, shall be amended as follows: 26.104.030. Master Plans, Comprehensive Community Plan and other plans, guidelines or documents. A. The City shall from time to time adopt and update a comprehensive community plan (known as the Aspen Area Community Plan or AACP) which shall establish and project the City's land use and development planning philosophy, goals and policies. The comprehensive community plan shall be broad in scope and serve as a guide to all land use development and planning. The plan shall encourage and incorporate regional planning as well as land use development cooperation and coordination between the City and neighboring communities and jurisdictions. B. From time to time the City may re-adopt, amend, extend or add to its comprehensive community plan or carry any part of its subject matter into greater detail through the development of supplemental plans, guidelines or documents,pursuant to Section 26.311, Master Plans. , it shall be deser-ibed hew , there shall be a detet:fninafiefi of whether the deetiment will be used a4 a guiding of r-egulmery 26.200,Administfatien Deeisien Making Bodies. • , amendment, extensien or- addifien by an adepting body, at least one (1) ptiblie heafing shall be eendueted, nefiee of the time and plae whieh sM! be given by one (1) p4hea4ien in a newspaper- of generel eir-ettlatieft in the City as outlined in Stibp,..,,graph 26.304.-wn E 3 a P41ieafie of nef ee. Exhibit C-Part 100 Changes Page 1 of 1 0 o Exhibit D—Redline changes to Part 26.200 26.208.010—City Council, Powers and duties. [No Changes to Sections A—H] I. To adopt master plans, that will be used in a guiding capacity by the City, pursuant to Chanter 26.311, to adopt operational guidelines or documents, and to adopt design guidelines.Ho *�the ffia4efial shall be used in be ased as a guiding er- Y-eplater-y deeument. When used as a guiding deetflnent ef the , shall be adepted by r-eselutien and, when used as a feoater-y doeument, it sha4l be adepted b!', net be—adopted ti +:° a a;«°a a t 104 030 f � T vrrce--lS�i9=�'��Ca—uTVUecrrB�g:TV��v—vz—cli�3�r [No Changes to Sections J—P] 26.210.020. Director of Community Development Department. B. Jurisdiction, authority and duties. [No Changes to Sections 1 — 17] 18. To undertake all other-general comprehensive planning responsibilities; [No Changes to Sections 19—20] 21. To approve, approve with conditions or deny development subject to Chapter 26.520, Accessory Dwelling Units and Carriage Houses; and 22. To extinguish a transferable development right in accordance with Chapter 26.535;- 23. To issue and extinguish Affordable Housing Certificates in accordance with Chapter 26.540; and 24. To assist and staff all aspects of the Master Planning,process in accordance with Chapter 26.311. 26.212.010. Planning& Zoning Commission, Powers and duties. [No Changes to Sections A—Q] R. To adopt by resolution any plans,,operational guidelines or documents that will be used4R-a guiding capacity by the Commission_ef, if*° ')° °a , To recommend via resolution the adoption of my design Quidelines o-a°°••-neat by the City Council. To provide input on Master Plans, in accordance with Chapter 26.311.14ew the - Mated ' sh°" used in r-elation to the AAGP, land ° development and mall be des ;;°ed in will be tised as a &ding or- regulatory doeument. MThen a plan, guideline ef doeument is te Exhibit D—Part 200 Changes Page 1 of 2 plans, guidelines of doeuments that afe adopted by resolution shall net be adopted tififil flotiee is provided as otitlined in Section 26.104.030, Gofflpr-ehensive Cofflmufiit�,, Plan and othef plans-, 26.220.010. Historic Preservation Commission, Powers and duties. [No Changes to Sections A—D] E. To adopt by resolution any-phffls-, operational guidelines or documents that will be used in a guiding capacity by the Commission_of, , *To recommend via resolution adoption of any plans, design guidelines, Of dOet,,,° by the City Council. To provide input on Master Plans, in accordance with Chapter 26.311-,How the material shall be used in r-elation to the AAGP, land use development, planning and histafie pfesel=�,afiefl shall b the deettment shall be used as a piding or- regulatory deetiment. When a plan, guidelifle-Of Any plans, guidelifies of deetiments that afe adopted by r-eselution shall not be adepted tinfil plans, guidelines er-deetiments; [No Changes to Sections F—K] Exhibit D—Part 200 Changes Page 2 of 2 RESOLUTION N0. 104, (SERIES OF 2012) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING CODE AMENDMENTS TO THE MASTER PLAN PROCESS. WHEREAS, pursuant to Section 26.310.020(A), the Community Development Department received direction from City Council to explore code amendments related to the Master Plan process; and, WHEREAS,pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach from the Planning and Zoning Commission to gain feedback on potential code changes to the Master Plan process; and, WHEREAS, the Community Development Director recommended changes to the process for initiating, developing, and adopting Master Plans;and, WHEREAS, City Council has reviewed the proposed code amendment policy direction,and finds it meets the criteria outlined in Section 26.310.040; and, WHEREAS, pursuant to Section 26.310.020(8)(2), during a duly noticed public hearing on November 12, 2012, the City Council approved Resolution No. 104, Series of 2012, by a four to one (4— 1) vote,requesting code amendments to the Master Plan process; and, WHEREAS, this Resolution does not amend the Land Use Code, but provides direction to staff for amending the Land Use Code;and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1• Code Amendment Obiective The objective of the proposed code amendments is to streamline and clarify the process for initiating, developing, and adopting all Master Plans in the City of Aspen. Section 2: Process City Council provides the following direction regarding the process for Master Plans: 1. City Council initiates a master plan 2. Staff to conduct background/existing conditions research, 3. Staff to conduct public outreach 4. Staff to draft plan based on steps 2 and 3 and present to City Council. Resolution No 104,Series 2012 Page 1 of 2 5. City Council to establish a comment period for city boards, citizens, community organizations, etc, 6. Public review of the plan through meetings/outreach or hearings. 7. City Council adoption of the plan In addition, City Council provides direction that Master Plans should be guiding in nature. Section 3• This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY,adopted this 12th day of November 2012. *000/0 Michael C. Ireland,Mayor ATTEST: APPROVED AS TO FORM: Kathryn S. Ko ,City Clerk ames R True,City Attorney Resolution No 104,Series 2012 Page 2 of 2 MEMORANDUM TO: Mayor and City Council FROM: Jessica Garrow, Long Range Planner THRU: Chris Bendon, Community Development Director3VVI RE: Policy Resolution: Master Plan Process Resolution 14 Series of 2012 MEETING DATE: November 12, 2012 SUMMARY: The attached Resolution outlines Council policy direction for code amendments related to the Master Plan process. The objective of the proposed code amendments is to update and streamline the process for initiating, developing, and adopting all Master Plans. Once the Policy Resolution is approved, staff will bring an Ordinance to City Council that amends the Master Plan process. The memo and resolution summarize the policy direction received to date. STAFF RECOMMENDATION: Staff recommends approval of the proposed resolution. LAND USE REQUESTS AND REVIEW PROCEDURES: This meeting is to review potential changes to the Master Plan process. Pursuant to Land Use Code Section 26.310, City Council is the final review authority for all code amendments. All code amendments are subject to a three-step process. This is the second step in the process: 1. Public Outreach 2. Policy Resolution by City Council indicating if an amendment should the pursued 3. Public Hearings on Ordinance outlining specific code amendments. BACKGROUND& OVERVIEW: The Land Use Code does not outline a specific process for the initiation, development, or adoption of any Plan. The code identifies the Aspen Area Community Plan, but no specific process for developing or adopting the AACP is outlined. In addition, the code does not address how other plans, such as the Civic Master Plan, or a neighborhood plan, should be created. As part of the implementation of the Aspen Area Community Plan (AACP), City Council expressed a desire to explore modifications to the review and adoption process for the AACP. Council members have asked staff to consider the length of the process, the role of the community, P&Z, Council, and staff in any update, as well as the frequency of updates. 1 l.12.2012—Master Plans Policy Direction Page 1 of 3 Though the City has made significant efforts to engage the community on planning in general and the AACP in particular, the code does not require public outreach on long range planning efforts. Participation by the community is essentially limited to the traditional public hearings. PROPOSED PROCESS: In an effort to clarify the process and enable future long range plans to be reviewed and adopted expeditiously, staff proposes the following change to the review process for all long range and master plans: 1. City Council initiation of a plan. 2. Compile existing conditions/background information as necessary. (staff) 3. Conduct a public outreach process. (staff) 4. Write a draft plan-based on steps-2 & 3.-(staff) - - - - 5. Hold a comment period for the community and boards. During this time, P&Z and HPC would be asked to provide formal comments on the plan. (The length of the comment period would be determined by City Council) 6. Public review of the plan through public outreach and/or hearings. 7. Repeat any steps, as determined necessary by City Council. 8. Formal review and adoption of plan by City Council. This proposal is very similar to how the federal government conducts their public process. Staff believes this review process would effectively utilize staff resources, and would likely engage the community more effectively than the current procedures. Based on past Council comments and the adoption of the AACP, staff is recommending that Master Plans be guiding in nature. PLANNING AND ZONING COMMISSION COMMENTS: Staff met with the Planning and Zoning Commission to review the Master Plan process and to get feedback on the initial direction. The P&Z expressed interest in improving the process, while maintaining the role that the P&Z has held in developing and reviewing plans. The P&Z stated that City Council should be in the role of initiating plans, and that the P&Z should be involved in the public engagement and drafting of a plan. They agreed that a planning process should consist of many citizen boards "championing" the topic or area they have expertise in to ensure a more timely review of a plan. As an example, they expressed frustration in being asked to review the Lifelong Aspenite chapter of the AACP because they are not experts in the health and human services field. -They-fell that the-groups who are experts in that arena should have been tasked with developing and reviewing the chapter. P&Z also supported having timelines associated with reviewing a plan, but cautioned that any time frame should be realistic and flexible. The P&Z was split regarding if Master Plans, including the AACP, should be guiding or regulatory in nature. A majority of P&Z stated that the point of a plan is to serve as a guide for 11.12.2012—Master Plans Policy Direction Page 2 of 3 the future and as such should guiding in nature. One member expressed concern that if a plan was not regulatory that it would not be implemented. STAFF RECOMMENDATION: Staff recommends adoption of the attached Policy Resolution. RECOMMENDED MOTION(ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No. j bi Series of 2012, approving a Policy Resolution outlining direction for code amendments to the Master Plan process." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A— Staff Findings 11.12.2012—Master Plans Policy Direction Page 3 of 3 Jess ,kl rhtf -�' AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: , Aspen, CO SCHEDULED PUBLIC HEARING DATE: dMj�"� o v J2, 2012- STATE OF COLORADO ) ss. County of Pitkin ) I, ✓t -4 (name, please print) being or represent'ng an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: `� Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) zn 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 26304.060(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 o miners 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. —Al- Signature The foregoing "Affidavit of Notice" was acknowledged before me this ZG day of 20 L?,by � TV,', PUBLIC NOTICE RE: AMENDMEAT TO THE CITY OF ASPEN LAND USE CODE NOTICE IS held HERESY GIVEN that a public hearing WITNESS MY HAND AND OFFICIAL SEAL will be held nn 1AOnday,November 12,2012,at a meeting to begin at 5:00 p.m.before the Aspen City Coun il,Council Chambers,City Hall,130 S. Galena St.,Aspen,to determine if an amendment to the text of the Land Use Code should be pur- sued. The potential amendment would address the I My commission expires: process for creating and adopting master plans. For further information,contact Jessica Garrow at the City of Aspen Community Development De- partment,130 S.Galena St.,Aspen,CO,(970) _ 429-2780,iessica aarrow ci aspen co.us 16 X s/Michael Ireland.Mavor of ry public Aspen City Council '"�`"` Published in The Aspen Times weekly on October 25,2012 [8519664] 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: Chris Bendon, Community Development Director FROM: Phillip Supino, Community Development Intern DATE: 14 August, 2012 RE: Municipal Master Plans and C.R.S. 31-23 Part 2 SUMMARY: Colorado Revised Statutes 31-23-206 requires that municipalities with populations over 2,000 residents develop and adopt a master plan to govern development within the municipal boundaries and the three-mile area outside of the boundary. C.R.S. 31-23-206 requires specific plan components (discussed below), as well as identifies minimum levels of public participation and the proper quasi-judicial and legislative review processes for the development and adoption of municipal master plans. For future amendments and additions to the Aspen Area Community Plan (AACP), C.R.S. 31-23-206 should be consulted to ensure that all required plan components are included in the updated AACP. For each of the plan components required in C.R.S. 31- 23-206 and included in the updated AACP, a reference to the relevant subsection of 31- 23-206 should be included as evidence of compliance with State requirements. Furthermore, the City should embed references to the legal authority granted to municipal legislative and planning bodies by C.R.S. 31-23-206 and any other relevant statutes into all plan approval ordinances to ensure compliance with State law. BACKGROUND: Master plans, as defined by the State of Colorado, are visioning documents adopted by the governing body of the jurisdiction in question. They are to be used only for planning guidance, unless aspects of a master plan are adopted into the municipal code by the municipal legislative body. In such cases, that section of the plan adopted by ordinance into the code becomes a legally binding municipal regulation. Appendix 1 to C.R.S. 31-23-206 stipulates that: "...the plan or any portion thereof may be made binding by inclusion in the municipalities adopted subdivision, zoning, platting, planned unit development or other similar land development. regulation..." Periodically the City of Aspen amends and updates the AACP. To ensure compliance with Colorado Law and the continued legality of the AACP, the following research was conducted regarding State laws governing municipal master plan development and adoption. ANALYSIS: The sections of Colorado Revised Statutes Title 31, Article 23, Part 2 attached to this memo govern municipal planning activities in the State of Colorado. 1 The following issues and components must be present for a municipal master plan to meet the minimum Sate requirements for master plans (C.R.S. 31-23-206.1a-k): • Location of and planning for local and regional transportation infrastructure including but not limited to bridges, highways and rights-of-way; • Identification and discussion of waterways, watershed and water supply; • Public facilities, amenities and similar property (i.e. parks, schools, churches, transportation facilities, government buildings/property); • Utilities facility locations, planning and needs analysis; • Building and zoning (including historic preservation, design standards/review, etc.); • Location and extent of affordable housing, communities centers, residential development zones, population/demographic analysis and projections (generally referred to as community development); • Extraction of commercial mineral deposits (see C.R.S. 34-1-304); • Excessive slopes, floodplain, wetland and geological hazard analysis; • Inventory and protection of endangered or threatened species and general wildlife protection and management; • Recreational tourism resource inventory, analysis and planning. In addition to the above elements, municipal master plans may address additional topics that fall within the jurisdiction of the municipality, its three-mile area or watershed and have been identified by the staff, legislative body or public as being of interest to the municipality. The Colorado Department of Local Affairs (DOLA) is the entity charged with assessing which communities are required to develop and maintain municipal master plans. The State requires that any community with a population larger than 2,000 residents (as determined by DOLA) must maintain a master plan. DOLA is also charged with assisting in the development of master plans and providing resources and guidance to communities with existing master plans. Following notice from DOLA that a community meets the requirements for creation of a master plan; the community has two years to develop and adopt a plan. Once a municipality has developed and adopted a plan, there is no required schedule for amendments and updates to the plan. Without a State update requirement, many master plans contain an update schedule, which creates a timeline for updates to the plan at regular intervals as determined by the planning and legislative bodies. CONCLUSION: In order to ensure compliance with C.R.S. 31-23-206, the City of Aspen should include in the AACP all of the components listed above, in addition to other components at the discretion of the Council, Planning staff and public. Also, any ordinance passed approving amendments and additions to the AACP should included references to relevant section of C.R.S. 31-23-206. 2 Powers and Functions of Cities and Towns C.R.S. 31-23-202 COLORADO REVISED STATUTES ***THIS DOCUMENT REFLECTS CHANGES CURRENT THROUGH ALL LAWS PASSED AT THE FIRST REGULAR SESSION OF THE 68TH GENERAL ASSEMBLY OF THE STATE OF COLORADO ** TITLE 31. GOVERNMENT- MUNICIPAL POWERS AND FUNCTIONS OF CITIES AND TOWNS ARTICLE 23. PLANNING AND ZONING PART 2. PLANNING COMMISSION C.R.S. 31-23-202 (2011) 31-23-202. Grant of power to municipality Any municipality is authorized to make, adopt, amend, extend, add to, or carry out a plan as provided in this part 2 and to create by ordinance or resolution a planning commission with the powers and duties set forth in this part 2. HISTORY: Source: L. 75: Entire title R&RE, p. 1146, § 1, effective July 1. Editor's note: This section is similar to former§ 31-23-102 as it existed prior to 1975. Master Plans C.R.S. 31-23-206 COLORADO REVISED STATUTES ***THIS DOCUMENT REFLECTS CHANGES CURRENT THROUGH ALL LAWS PASSED AT THE FIRST REGULAR SESSION OF THE 68TH GENERAL ASSEMBLY OF THE STATE OF COLORADO *** TITLE 31. GOVERNMENT- MUNICIPAL POWERS AND FUNCTIONS OF CITIES AND TOWNS ARTICLE 23. PLANNING AND ZONING PART 2. PLANNING COMMISSION C.R.S. 31-23-206 (2011) Legislative Alert: LEXSEE 2012 Colo. HB 1317 -- See section 13. 31-23-206. Master plan (1) It is the duty of the commission to make and adopt a master plan for the physical development of the municipality, including any areas outside its boundaries, subject to the approval of the governmental body having jurisdiction thereof, which in the commission's judgment bear relation to the planning of such municipality. The master plan of a municipality shall be an advisory document to guide land development decisions; however, the plan or any part thereof may be made binding by inclusion in the municipality's adopted subdivision, zoning, platting, planned unit development, or other similar land development regulations after satisfying notice, due process, and hearing requirements for legislative or quasi-judicial processes as appropriate. When a commission decides to adopt a master plan, the commission shall conduct public hearings, after notice of such public hearings has been published in a newspaper of general circulation in the municipality in a manner sufficient to notify the public of the time, place, and nature of the public hearing, prior to final adoption of a master plan in order to encourage public participation in and awareness of the development of such plan and shall accept and consider oral and written public comments throughout the process of developing the plan. Such plan, with the accompanying maps, plats, charts, and descriptive matter, shall, after consideration of each of the following, where applicable or appropriate, show the commission's recommendations for the development of said municipality and outlying areas, including, but not limited to: (a) The general location, character, and extent of existing, proposed, or projected streets, roads, rights-of-way, bridges, waterways, waterfronts, parkways, highways, mass transit routes and corridors, and any transportation plan prepared by any metropolitan planning organization that covers all or a portion of the municipality and that the municipality has received notification of or, if the municipality is not located in an area covered by a metropolitan planning organization, any transportation plan prepared by the department of transportation that the municipality has received notification of and that covers all or a portion of the municipality; (b) The general location of public places or facilities, including public schools, culturally, historically, or archaeologically significant buildings, sites, and objects, playgrounds, squares, parks, airports, aviation fields, military installations, and other public ways, grounds, open spaces, trails, and designated federal, state, and local wildlife areas. For purposes of this section, "military installation" shall have the same meaning as specified in section 29-20-105.6 (2) (b), C.R.S. (c) The general location and extent of public utilities terminals, capital facilities, and transfer facilities, whether publicly or privately owned or operated, for water, light, sanitation, transportation, communication, power, and other purposes, and any proposed or projected needs for capital facilities and utilities, including the priorities, anticipated costs, and funding proposals for such facilities and utilities; (d) The general location and extent of an adequate and suitable supply of water. If the master plan includes a water supply element, the planning commission shall consult with the entities that supply water for use within the municipality to ensure coordination on water supply and facility planning, and the water supply element shall identify water supplies and facilities sufficient to meet the needs of the public and private infrastructure reasonably anticipated or identified in the planning process. Nothing in this paragraph (d) shall be construed to supersede, abrogate, or otherwise impair the allocation of water pursuant to the state constitution or laws, the right to beneficially use water pursuant to decrees, contracts, or other water use agreements, or the operation, maintenance, repair, replacement, or use of any water facility. (e) The acceptance, removal, relocation, widening, narrowing, vacating, abandonment, modification, change of use, or extension of any of the public ways, rights-of-way, including the coordination of such rights-of-way with the rights-of-way of other municipalities, counties, or regions, grounds, open spaces, buildings, property, utility, or terminals, referred to in paragraphs (a) to (d) of this subsection (1); (f) A zoning plan for the control of the height, area, bulk, location, and use of buildings and premises. Such a zoning plan may protect and assure access to appropriate conditions for solar, wind, or other alternative energy sources; however, regulations and restrictions of the height, number of stories, size of buildings and other structures, and the height and location of trees and other vegetation shall not apply to existing buildings, structures, trees, or vegetation except for new growth on such vegetation. (g) The general character, location, and extent of community centers, housing developments, whether public or private, the existing, proposed, or projected location of residential neighborhoods and sufficient land for future housing development for the existing and projected economic and other needs of all current and anticipated residents of the municipality, and redevelopment areas. If a municipality has entered into a regional planning agreement, such agreement may be incorporated by reference into the master plan. (h) A master plan for the extraction of commercial mineral deposits pursuant to section 34-1-304, C.R.S.; (i) A plan for the location and placement of public utilities that facilitates the provision of such utilities to all existing, proposed, or projected developments in the municipality; (j) Projections of population growth and housing needs to accommodate the projected population for specified increments of time. The municipality may base these projections upon data from the department of local affairs and upon the municipality's local objectives. (k) The areas containing steep slopes, geological hazards, endangered or threatened species, wetlands, floodplains, floodways, and flood risk zones, highly erodible land or unstable soils, and wildfire hazards. For purposes of determining the location of such areas, the planning commission should consider the following sources for guidance: (1) The Colorado geological survey for defining and mapping geological hazards; (II) The United States fish and wildlife service of the United States department of the interior and the Colorado wildlife commission for locating areas inhabited by endangered or threatened species; (III) The Unites States Army corps of engineers and the United States fish and wildlife service national wetlands inventory for defining and mapping wetlands; (IV) The federal emergency management agency for defining and mapping floodplains, floodways, and flood risk zones; (V) The natural resources conservation service of the United States department of agriculture for defining and mapping unstable soils and highly erodible land; and (VI) The Colorado state forest service for locating wildfire hazard areas. (2)As the work of making the whole master plan progresses, the commission may from time to time adopt and publish a part thereof. Any such part shall cover one or more major sections or divisions of the municipality or one or more of the foregoing or other functional matters to be included in the plan. The commission may amend, extend, or add to the plan from time to time. (3) (Deleted by amendment, L. 2007, p. 613, § 2, effective August 3, 2007.) (4) (a) Each municipality that has a population of two thousand persons or more and that is wholly or partially located in a county that is subject to the requirements of section 30-28-106 (4), C.R.S., shall adopt a master plan within two years after January 8, 2002. (b) The department of local affairs shall annually determine, based on the population statistics maintained by said department, whether a municipality is subject to the requirements of this subsection (4), and shall notify any municipality that is newly identified as being subject to said requirements. Any such municipality shall have two years following receipt of notification from the department to adopt a master plan. (c) Once a municipality is identified as being subject to the requirements of this subsection (4), the municipality shall at all times thereafter remain subject to the requirements of this subsection (4), regardless of whether it continues to meet the criteria specified in paragraph (a) of this subsection (4). (5) A master plan adopted in accordance with the requirements of subsection (4) of this section shall contain a recreational and tourism uses element pursuant to which the municipality shall indicate how it intends to provide for the recreational and tourism needs of residents of the municipality and visitors to the municipality through delineated areas dedicated to, without limitation, hiking, mountain biking, rock climbing, skiing, cross country skiing, rafting, fishing, boating, hunting, and shooting, or any other form of sports or other recreational activity, as applicable, and commercial facilities supporting such uses. (6) The master plan of any municipality adopted or amended in accordance with the requirements of this section on and after August 8, 2005, shall satisfy the requirements of section 29-20-105.6, C.R.S., as applicable. r (7) Notwithstanding any other provision of this section, no master plan originally adopted or amended in accordance with the requirements of this section shall conflict with a master plan for the extraction of commercial mineral deposits adopted by the municipality pursuant to section 34-1-304, C.R.S. HISTORY: Source:. L. 75: Entire title R&RE, p. 1147, § 1, effective July 11. 79: (1)(d) amended, p. 1162, § 10, effective January 1, 1980. L. 97: (3) added, p. 414, § 2, effective April 241. 2000: (1) amended, p. 874, § 2, effective August 2.L. 2001, 2nd Ex. Sess.: (4) and (5) added, p. 22, § 2, effective January 8, 20021. 2002: (5) amended, p. 1036, § 84, effective June 1. L. 2005: (6) added, p. 223, § 3, effective August 81. 2007: IP(1) and (3) amended and (7) added, p. 613, § 2, effective August 31. 2010: (1)(b) and (6) amended, (HB 10-1205), ch. 242, p. 1078, § 3, effective August 11. Editor's note: This section is similar to former§ 31-23-106 as it existed prior to 1975. ANNOTATION Law reviews. For comment, "Regionalism or Parochialism: The Land Use Planner's Dilemma", see 48 U. Colo. L. Rev. 575 (1977). For note, "The Permissible Scope of Compulsory Requirements for Land Development in Colorado", see 54 U. Colo. L. Rev. 447 (1983). For article, "Growth Management: Recent Developments in Municipal Annexation and Master Plans", see 31 Colo. Law. 61 (March 2002). City in advisory role. There is nothing in this section and § 31-23-209 which indicates a legislative intent to broaden a city's authority. They place ultimate governmental authority in matters pertaining to land use in unincorporated areas in the county. In effect, a city is given only an advisory role. Robinson v. City of Boulder, 190 Colo. 357, 547 P.2d 228 (1976). Standing of owner of property outside territory of authority to challenge rezoning. An owner of property adjacent to property being rezoned but not within the territory of the zoning authority has standing to challenge the rezoning. Bd. of County Comm'rs v. City of Thornton, 629 P.2d 605 (Colo. 1981). Sections 31-23-206 through 31-23-208 do not apply to rezoning or to a zoning change to a particular area. Coates v. City of Cripple Creek, 865 P.2d 924 (Colo. App. 1993). Applied in Margolis v. District Court, 638 P.2d 297 (Colo. 1981). Purposes in View C.R.S. 31-23-207 COLORADO REVISED STATUTES ***THIS DOCUMENT REFLECTS CHANGES CURRENT THROUGH ALL LAWS PASSED AT THE FIRST REGULAR SESSION OF THE 68TH GENERAL ASSEMBLY OF THE STATE OF COLORADO *** TITLE 31. GOVERNMENT- MUNICIPAL POWERS AND FUNCTIONS OF CITIES AND TOWNS ARTICLE 23. PLANNING AND ZONING PART 2. PLANNING COMMISSION C.R.S. 31-23-207 (2011) 31-23-207. Purposes in view In the preparation of such plan, the commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the municipality, with due regard to its relation to neighboring territory. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the municipality and its environs which will, in accordance with present and future needs, best promote health, safety, order, convenience, prosperity, and general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, the promotion of safety from fire, flood waters, and other dangers, adequate provision for light and air, distribution of population, affordable housing, the promotion of good civic design and arrangement, efficient expenditure of public funds, the promotion of energy conservation, and the adequate provision of public utilities and other public requirements. HISTORY: Source:. L. 75: Entire title R&RE, p. 1147, § 1, effective July 11. 79: Entire section amended, p. 1163, § 11, effective January 1, 1980. L. 97: Entire section amended, p. 414, § 3, effective April 24. Editor's note: This section is similar to former 31-23-107 as it existed prior to 1975. ANNOTATION Law reviews. For comment, "Regionalism or Parochialism: The Land Use Planner's Dilemma", see 48 U. Colo. L. Rev. 575 (1977). For note, "The Permissible Scope of Compulsory Requirements for Land Development in Colorado", see 54 U. Colo. L. Rev. 447 (1983). Sections 31-23-206 through 31-23-208 do not apply to rezoning or to a zoning change to a particular area. Coates v. City of Cripple Creek, 865 P.2d 924 (Colo. App. 1993). Applied in Margolis v. District Court, 638 P.2d 297 (Colo. 1981). Legal Status of Official Plan C.R.S. 31-23-209 COLORADO REVISED STATUTES ***THIS DOCUMENT REFLECTS CHANGES CURRENT THROUGH ALL LAWS PASSED AT THE FIRST REGULAR SESSION OF THE 68TH GENERAL ASSEMBLY OF THE STATE OF COLORADO '** TITLE 31. GOVERNMENT- MUNICIPAL POWERS AND FUNCTIONS OF CITIES AND TOWNS ARTICLE 23. PLANNING AND ZONING PART 2. PLANNING COMMISSION C.R.S. 31-23-209 (2011) 31-23-209. Legal status of official plan When the commission has adopted the master plan of the municipality or of one or more major sections or districts thereof, no street, square, park or other public way, ground or open space, public building or structure, or publicly or privately owned public utility shall be constructed or authorized in the municipality or in such planned section and district until the location, character, and extent thereof has been submitted for approval by the commission. In case of disapproval, the commission shall communicate its reasons to the municipality's governing body, which has the power to overrule such disapproval by a recorded vote of not less than two- thirds of its entire membership. If the public way, ground space, building, structure, or utility is one the authorization or financing of which does not, under the law or charter provisions governing the same, fall within the province of the municipal governing body, the submission to the commission shall be by the governmental body having jurisdiction, and the planning commission's disapproval may be overruled by said governmental body by a vote of not less than two-thirds of its membership. The failure of the commission to act within sixty days from and after the date of official submission to it shall be deemed approval. HISTORY: Source: L. 75: Entire title R&RE, p. 1148, § 1, effective July 1. Editor's note: This section is similar to former § 31-23-109 as it existed prior to 1975. ANNOTATION City in advisory role. There is nothing in & 31-23-206 and this section which indicates a legislative intent to broaden a city's authority. They place ultimate governmental authority in matters pertaining to land use in unincorporated areas in the county. In effect, a city is given only an advisory role. Robinson v. City of Boulder, 190 Colo. 357, 547 P.2d 228 (1976). Amendment to plan not subject to referendum powers. Being advisory only, an amendment to a municipal master plan is not legislation which is subject to the referendum powers reserved to the people. Margolis v. District Court, 638 P.2d 297 (Colo. 1981). Jurisdiction (Three-mile boundary) C.R.S. 31-23-212 COLORADO REVISED STATUTES ***THIS DOCUMENT REFLECTS CHANGES CURRENT THROUGH ALL LAWS PASSED AT THE FIRST REGULAR SESSION OF THE 68TH GENERAL ASSEMBLY OF THE STATE OF COLORADO * * TITLE 31. GOVERNMENT- MUNICIPAL POWERS AND FUNCTIONS OF CITIES AND TOWNS ARTICLE 23. PLANNING AND ZONING PART 2. PLANNING COMMISSION C.R.S. 31-23-212 (2011) 31-23-212. Jurisdiction The territorial jurisdiction of any commission over the subdivision of land includes all land located within the legal boundaries of the municipality and, limited only to control with reference to a major street plan and not otherwise, also includes all land lying within three miles of the boundaries of the municipality not located in any other municipality; except that in the case of any such land lying within five miles of more than one municipality, the jurisdiction of each commission shall terminate at a boundary line equidistant from the respective municipal limits of such municipalities. The jurisdiction over the subdivision of lands outside the boundary of a municipality shall apply equally to any municipality. HISTORY: Source: L. 75: Entire title R&RE, p. 1149, § 1, effective July 1. Chapter 26.31 MASTER PLANS Sections 26.311.010 Purpose 26.311.020 Procedure for Plan Development, Review, and Adoption 26.311.030 Master Plan Use and Effect. 26.311.010. Purpose. The purpose of this Chapter is to provide a means for formulating, adopting, and updating master plans, comprehensive plans, and special area or topical plans. The City may from time to time adopt, re-adopt, amend, update, or add to a comprehensive community plan (known as the Aspen Area Community Plan or AACP) which establishes and projects the City's land use and development planning philosophy, goals, and policies. The AACP may be broader in scope and serve as a guide for non-land use issues of the community. The plan shall encourage regional planning with neighboring communities and jurisdictions. The City may from time to time adopt, re-adopt, amend, update, or add to a master plan which establishes and projects the City's philosophy, goals, and policies regarding a particular area, issue, or topic. Examples include a neighborhood plan, an affordable housing strategic plan, an energy sustainability plan, a recreational trails plan, a downtown pedestrian plan, and the like. 26.310.020. Procedure for Plan Development, Review, and Adoption A. General. The City of Aspen may from time to time adopt master plans to reflect the needs and aspirations of the community and define methods to achieve those goals. B. Steps required: The following process steps may be modified to address the nature of a master plan topic and the needs of the community. The desired steps should be considered during step one, plan initiation. Step seven is required for adoption of a master plan. 1. Step One—Plan Initiation. a. Purpose: To determine if a master plan should be initiated or updated. b. Process: The City Council shall decide whether the City should initiate a master plan. The City Manager, Community Development Director, or City Department Director, as applicable, may provide City Council with a recommendation. Input from city boards, citizens, civic or business groups, and other government organizations should be considered. A general understanding of the topics to be City of Aspen Land Use Code Part 300—Master Plans Page 1 covered, resources needed, the desired process steps, and timeframe for adoption should be considered. c. Form of decision: City Council decision to initiate a master plan shall be by motion. The decision may be incorporated into approval of a department work program or budget. d. Notice requirements: None. 2. Step Two—Existing Conditions/Background Information. a. Purpose: To assemble need information and resources to facilitate plan development. b. Process: City staff shall identify and assemble important background information, studies, reports, etc. to enable an informed dialogue on the topic. Background information may be issued as a report or presented to the public or City boards as applicable. 3. Step Three—Public Outreach. a. Purpose: To facilitate citizen awareness and solicit participation regarding community goals, aspirations, and expectations of the master plan. b. Process: City staff shall engage the public through a variety of efforts, which may include open houses, surveys, small=group meetings, structured feedback sessions, web-based methods, and direct outreach to groups or individuals with particular interest. City Council shall be made aware of the outreach efforts and may from time to time request additional or different techniques. A summary of the outreach efforts and citizen.comments may be issued as a report or presented to the public or City boards as applicable. 4. Step Four—Draft Plan. a. Purpose: To assimilate community aspirations into a cohesive plan. b. Process: City staff shall develop a draft master plan that assimilates community aspirations into a plan with a cohesive vision and a set of goals and policy objectives. The plan should be aspirational in nature but should include sufficient detail to guide implementation. A draft plan may take several iterations or be developed in a phased manner. A draft plan may suggest multiple options or strategies for further refinement. 5. Step Five—Public Review and Comment. City of Aspen Land Use Code Part 300—Master Plans Page 2 a. Purpose: To facilitate citizen awareness of the draft plan and solicit comments, critique, and suggestions on how to improve the plan. b. Process: City staff shall engage the public through a variety of efforts, which may include open houses, surveys, small-group meetings, structured feedback sessions, web-based methods, and direct outreach to groups or individuals with particular interest. City Council shall be made aware of the outreach efforts and may from time to time request additional or different techniques. City Council shall determine the length of the comment period, which may be extended. City Council may request formal comments from certain city boards; citizen, civic, non-profit, or business associations; or, from other governmental bodies. City Council may direct city staff to facilitate the formal comments. A summary of the outreach efforts and comments received may be issued as a report or presented to the public or city boards as applicable. 6. Step Six—City Council Review. a. Purpose: To review the draft master plan and the comments received and either direct amendments to the plan (which may include repeating some of the above steps) or direct staff to proceed to the adoption step. b. Process: City staff shall present the draft plan and the public feedback to City Council. City staff may also present modifications or options to the plan in response to public feedback or suggest repeating some or all of the above steps. City Council shall review the draft plan and provide direction to staff to either amend the plan for further consideration by the Council, amend the plan and repeat some of the above steps, or prepare the plan for adoption. c. Form of decision: City Council direction shall be by motion. The direction may be provided during a regular meeting or a work session of the Council. d. Notice requirements: None. 7. Step Seven—City Council Adoption. a. Purpose: To consider adoption of the master plan. b. Process: City staff shall present City Council with the draft plan along with a summary of the steps taken to develop the plan, comments received, and any suggested amendments to the plan. After receiving comments from the public during a public hearing, City Council may adopt the plan as presented, adopt the plan with amendments, direct amendments to the plan for further consideration, direct staff to repeat of any of the above process steps, or not adopt the plan and terminate the process. The adopted plan may eliminate implementation options, state a preferred option, leave all options available, or call for new or revised options. City of Aspen Land Use Code Part 300—Master Plans Page 3 c. Standard of Review: City Council shall determine if adoption of the master plan is in the best interests of the community. d. Form of decision: City Council adoption shall be by Resolution, after a public hearing. Direction to staff to amend the plan or repeat any of the process steps above may be by motion. e. Notice requirements: Publication, pursuant to Subparagraph 26.304.060.E.3.a. C. Reciprocal Adoption. City Council may adopt a master plan of another jurisdiction by using the steps outlined above. City Council may condition adoption of a master plan on the adoption of the plan by another jurisdiction. D. Master Planning Termination. Notwithstanding the above steps, City Council may terminate a master planning process by motion of the Council. 26.310.030. Master Plan Use and Effect. Adopted master plans of the City of Aspen shall be guiding. Master plans may be used to develop proposed legislation, to initiate new policies or operational practices, to develop budgets or department work programs, or to otherwise guide action of the City in the public interest. Master plans shall not be legally binding and shall not regulate or place a burden on real property. City of Aspen Land Use Code Part 300—Master Plans Page 4 C.R.S. 31-23-206 COLORADO REVISED STATUTES THIS DOCUMENT REFLECTS CHANGES CURRENT THROUGH ALL LAWS PASSED AT THE FIRST REGULAR SESSION OF THE 68TH GENERAL ASSEMBLY OF THE STATE OF COLORADO TITLE 31. GOVERNMENT - MUNICIPAL POWERS AND FUNCTIONS OF CITIES AND TOWNS ARTICLE 23. PLANNING AND ZONING PART 2. PLANNING COMMISSION C.R.S. 31-23-206 (2011) Legislative Alert: LEXSEE 2012 Colo. HB 1317 -- See section 13. 31-23-206. Master plan (1) It is the duty of the commission to make and adopt a master plan for the physical development of the municipality, including any areas outside its boundaries, subject to the approval of the governmental body��' t-r" having jurisdiction thereof, which in the commission's judgment bear relation to the planning of such %_0VLe__} municipality. The master plan of a municipality shall be an advisory document to guide land development L)-A decisions; however, the plan or any part thereof may be made binding by inclusion in the municipality's adopted subdivision, zoning, platting, planned unit development, or other similar land development regulations after satisfying notice, due process, and hearing requirements for legislative or quasi-judicial processes as appropriate. When a commission decides to adopt a master plan, the commission shall conduct public hearings, after notice of such public hearings has been published in a newspaper of general circulation in the municipality in a manner sufficient to notify the public of the time, place, and nature of the public hearing, prior to final adoption of a master plan in order to encourage public participation in and awareness of the development of such plan and shall accept and consider oral and written public comments throughout the process of developing the plan. Such plan, with the accompanying maps, plats, charts, and descriptive matter, shall, after consideration of each of the following, where applicable or appropriate, show the commission's recommendations for the development of said municipality and outlying areas, including, but not limited to: (a) The general location, character, and extent of existing, proposed, or projected streets, roads, rights-of-way, bridges, waterways, waterfronts, parkways, highways, mass transit routes and corridors, and any transportation plan prepared by any metropolitan planning organization that covers all or a portion of the municipality and that the municipality has received notification of or, if the municipality is not located in an area covered by a metropolitan planning organization, any transportation plan prepared by the department of transportation that the municipality has received notification of and that covers all or a portion of the municipality; (b) The general location of public places or facilities, including public schools, culturally, historically, or archaeologically significant buildings, sites, and objects, playgrounds, squares, parks, airports, aviation fields, military installations, and other public ways, grounds, open spaces, trails, and designated federal, state, and local wildlife areas. For purposes of this section, "military installation" shall have the same meaning as specified in section 29-20-105.6 (2) (b), C.R.S. (c) The general location and extent of public utilities terminals, capital facilities, and transfer facilities, whether publicly or privately owned or operated, for water, light, sanitation, transportation, communication, power, and other purposes, and any proposed or projected needs for capital facilities and utilities, including the priorities, anticipated costs, and funding proposals for such facilities and utilities; (d) The general location and extent of an adequate and suitable supply of water. If the master plan includes a water supply element, the planning commission shall consult with the entities that supply water for use within the municipality to ensure coordination on water supply and facility planning, and the water supply element shall identify water supplies and facilities sufficient to meet the needs of the public and private infrastructure reasonably anticipated or identified in the planning process. Nothing in this paragraph (d) shall be construed to supersede, abrogate, or otherwise impair the allocation of water pursuant to the state constitution or laws, the right to beneficially use water pursuant to decrees, contracts, or other water use agreements, or the operation, maintenance, repair, replacement, or use of any water facility. (e) The acceptance, removal, relocation, widening, narrowing, vacating, abandonment, modification, change of use, or extension of any of the public ways, rights-of-way, including the coordination of such rights-of-way with the rights-of-way of other municipalities, counties, or regions, grounds, open spaces, buildings, property, utility, or terminals, referred to in paragraphs (a) to (d) of this subsection (1); (f) A zoning plan for the control of the height, area, bulk, location, and use of buildings and premises. Such a zoning plan may protect and assure access to appropriate conditions for solar, wind, or other alternative energy sources; however, regulations and restrictions of the height, number of stories, size of buildings and other structures, and the height and location of trees and other vegetation shall not apply to existing buildings, structures, trees, or vegetation except for new growth on such vegetation. (g) The general character, location, and extent of community centers, housing developments, whether public or private, the existing, proposed, or projected location of residential neighborhoods and sufficient land for future housing development for the existing and projected economic and other needs of all current and anticipated residents of the municipality, and redevelopment areas. If a municipality has entered into a regional planning agreement, such agreement may be incorporated by reference into the master plan. (h) A master plan for the extraction of commercial mineral deposits pursuant to section 34-1-304, C.R.S.; (i) A plan for the location and placement of public utilities that facilitates the provision of such utilities to all existing, proposed, or projected developments in the municipality; (j) Projections of population growth and housing needs to accommodate the projected population for specified increments of time. The municipality may base these projections upon data from the department of local affairs and upon the municipality's local objectives. (k) The areas containing steep slopes, geological hazards, endangered or threatened species, wetlands, floodplains, floodways, and flood risk zones, highly erodible land or unstable soils, and wildfire hazards. For purposes of determining the location of such areas, the planning commission should consider the following sources for guidance: (1) The Colorado geological survey for defining and mapping geological hazards; (II) The United States fish and wildlife service of the United States department of the interior and the Colorado wildlife commission for locating areas inhabited by endangered or threatened species; (111) The Unites States Army corps of engineers and the United States fish and wildlife service national wetlands inventory for defining and mapping wetlands; (IV) The federal emergency management agency for defining and mapping floodplains, floodways, and flood risk zones; (V) The natural resources conservation service of the United States department of agriculture for defining and mapping unstable soils and highly erodible land; and (VI) The Colorado state forest service for locating wildfire hazard areas. (2) As the work of making the whole master plan progresses, the commission may from time to time adopt and publish a part thereof. Any such part shall cover one or more major sections or divisions of the municipality or one or more of the foregoing or other functional matters to be included in the plan. The commission may amend, extend, or add to the plan from time to time. (3) (Deleted by amendment, L. 2007, p. 613, § 2, effective August 3, 2007.) (4) (a) Each municipality that has a population of two thousand persons or more and that is wholly or partially located in a county that is subject to the requirements of section 30-28-106 (4), C.R.S., shall adopt a master plan within two years after January 8, 2002. (b) The department of local affairs shall annually determine, based on the population statistics maintained by said department, whether a municipality is subject to the requirements of this subsection (4), and shall notify any municipality that is newly identified as being subject to said requirements. Any such municipality shall have two years following receipt of notification from the department to adopt a master plan. (c) Once a municipality is identified as being subject to the requirements of this subsection (4), the municipality shall at all times thereafter remain subject to the requirements of this subsection (4), regardless of whether it continues to meet the criteria specified in paragraph (a) of this subsection (4). (5) A master plan adopted in accordance with the requirements of subsection (4) of this section shall contain a recreational and tourism uses element pursuant to which the municipality shall indicate how it intends to provide for the recreational and tourism needs of residents of the municipality and visitors to the municipality through delineated areas dedicated to, without limitation, hiking, mountain biking, rock climbing, skiing, cross country skiing, rafting, fishing, boating, hunting, and shooting, or any other form of sports or other recreational activity, as applicable, and commercial facilities supporting such uses. (6) The master plan of any municipality adopted or amended in accordance with the requirements of this section on and after August 8, 2005, shall satisfy the requirements of section 29-20-105.6, C.R.S., as applicable. (7) Notwithstanding any other provision of this section, no master plan originally adopted or amended in accordance with the requirements of this section shall conflict with a master plan for the extraction of commercial mineral deposits adopted by the municipality pursuant to section 34-1-304, C.R.S. HISTORY: Source:. L. 75: Entire title R&RE, p. 1147, § 1, effective July 11. 79: (1)(d) amended, p. 1162, § 10, effective January 1, 1980. L. 97: (3) added, p. 414, § 2, effective April 241. 2000: (1) amended, p. 874, § 2, effective August 21. 2001, 2nd Ex. Sess.: (4) and (5) added, p. 22, § 2, effective January 8, 20021. 2002: (5) amended, p. 1036, § 84, effective June 1. L. 2005: (6) added, p. 223, § 3, effective August 81. 2007: IP(1) and (3) amended and (7) added, p. 613, § 2, effective August 31. 2010: (1)(b) and (6) amended, (HB 10-1205), ch. 242, p. 1078, § 3, effective August 11. Editor's note: This section is similar to former § 31-23-106 as it existed prior to 1975. ANNOTATION Law reviews. For comment, "Regionalism or Parochialism: The Land Use Planner's Dilemma", see 48 U. Colo. L. Rev. 575 (1977). For note, "The Permissible Scope of Compulsory Requirements for Land Development in Colorado", see 54 U. Colo. L. Rev. 447 (1983). For article, "Growth Management: Recent Developments in Municipal Annexation and Master Plans", see 31 Colo. Law. 61 (March 2002). City in advisory role. There is nothing in this section and § 31-23-209 which indicates a legislative intent to broaden a city's authority. They place ultimate governmental authority in matters pertaining to land use in unincorporated areas in the county. In effect, a city is given only an advisory role. Robinson v. City of Boulder, 190 Colo. 357, 547 P.2d 228 (1976). Standing of owner of property outside territory of authority to challenge rezoning. An owner of property adjacent to property being rezoned but not within the territory of the zoning authority has standing to challenge the rezoning. Bd. of County Comm'rs v. City of Thornton, 629 P.2d 605 (Colo. 1981). Sections 31-23-206 through 31-23-208 do not apply to rezoning or to a zoning change to a particular area. Coates v. City of Cripple Creek, 865 P.2d 924 (Colo. App. 1993). Applied in Margolis v. District Court, 638 P.2d 297 (Colo. 1981). Session Laws of Colorado 1997-Chapter 124 ®fle:///F:/Aspen/crs 31-23-206 addition.htm - o Session Laws of Colorado 1997 First Regular Session, 6ist General Assembly CHAPTIUt 124 GOVERNMENT-LOCAL HOUSE BILL 97-1093 [Digest] BY REPRESENTATIVES Dyer,George,Gordon, Schwarz, Sullivant, and Zimmerman; also SENATORS Feeley,Rizzuto,and Weddig. AN ACT CONCERNING LOCAL GOVERNMENT MASTER PLANS. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 30-28-106 (3), Colorado Revised Statutes, 1986 Repl. Vol., is amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS to read: 30-28-106. Adoption of master plan-contents. (3)(e) IN CREATING THE MASTER PLAN OF A COUNTY OR REGION, THE COUNTY OR REGIONAL PLANNING COMMISSION MAY TAKE INTO CONSIDERATION THE AVAILABILITY OF AFFORDABLE HOUSING WITHIN THE COUNTY OR REGION. COUNTIES ARE ENCOURAGED TO EXAMINE ANY REGULATORY IMPEDIMENTS TO THE DEVELOPMENT OF AFFORDABLE HOUSING. (f) THE MASTER PLAN OF A COUNTY OR REGION IS ADVISORY ONLY. (g) THE MASTER PLAN OF A COUNTY OR REGION MAY INCLUDE DESIGNATED UTILITY CORRIDORS TO FACILITATE THE PROVISION OF UTILITIES TO ALL DEVELOPMENTS IN THE COUNTY OR REGION. SECTION 2. 31-23-206, Colorado Revised Statutes, 1986 Repl. Vol., is amended BY THE ADDITION OF A NEW SUBSECTION to read: 31-23-206. Master plan. (3) THE MASTER PLAN OF A MUNICIPALITY IS ADVISORY ONLY. SECTION 3. 31-23-207,Colorado Revised Statutes, 1986 Repl. Vol., is amended to read: 31-23-207. Purposes in view. In the preparation of such plan, the commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the municipality, with due regard to its relation to neighboring territory. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the municipality and its environs which will, in accordance with present and future needs, best promote health, safety, order, convenience, prosperity, and general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, the promotion of safety from fire, flood waters, and other dangers, adequate provision for light and air, the p fefnet",~ e f health d! and conik-nient distribution of population, AFFORDABLE HOUSING, the promotion of good civic design and 1 oft 8/14/2012 10:06 AM Session Laws of Colorado 1997-Chapter 124 0 file:/HF:/Aspen/crs 31-23-206 addition.htm 0 arrangement,wise and efficient expenditure of public funds,the promotion of energy conservation, and the adequate provision of public utilities and other public requirements. SECTION 4. Safety clause. The general assemblx hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace,health, and safety. Approved: April 24, 1997 Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act. Session Laws of Colorado Digest of Bills General Assembly State of Colorado Office of Legislative Legal Services,State Capitol Building,Room 091,Denver,Colorado 80203-1782 Telephone:303-886-2045 I Facsimile:303-866-4157 Send comments about this web page to:dls.ga @state.co.us The information on this page is presented as an informational service only and should not be relied upon as an official record of action or legal position of the State of Colorado,the Colorado General Assembly,or the Office of Legislative Legal Services. 2 of 2 8/14/2012 10:06 AM • Appendix 1: CRS 31-23-206, Master Plan (1) It is the duty of the commission to make and adopt a master plan for the physical development of the municipality, including any areas outside its boundaries, subject to the approval of the governmental body having jurisdiction thereof, which in the commission's judgment bear relation to the planning of such municipality. The master plan of a municipality shall be an advisory document to guide land development decisions; however, the plan or any part thereof may be made binding by inclusion in the municipality's adopted subdivision, zoning, platting, planned unit development, or other similar land development regulations after satisfying notice, due process, and hearing requirements for legislative or quasi-judicial processes as appropriate. When a commission decides to adopt a master plan, the commission shall conduct public hearings, after notice of such public hearings has been published in a newspaper of general circulation in the municipality in a manner sufficient to notify the public of the time, place, and nature of the public hearing, prior to final adoption of a master plan in order to encourage public participation in and awareness of the development of such plan and shall accept and consider oral and written public comments throughout the process of developing the plan. Such plan, with the accompanying maps, plats, charts, and descriptive matter, shall, after consideration of each of the following, where applicable or appropriate, show the commission's recommendations for the development of said municipality and outlying areas, including, but not limited to: (a) The general location, character, and extent of existing, proposed, or projected streets, roads, rights-of-way, bridges, waterways, waterfronts, parkways, highways, mass transit routes and corridors, and any transportation plan prepared by any metropolitan planning organization that covers all or a portion of the municipality and that the municipality has received notification of or, if the municipality is not located in an area covered by a metropolitan planning organization, any transportation plan prepared by the department of transportation that the municipality has received notification of and that covers all or a portion of the municipality; (b)The general location of public places or facilities, including public schools, culturally, historically, or archaeologically significant buildings, sites, and objects, playgrounds, squares, parks, airports, aviation fields, and other public ways, grounds, open spaces, trails, and designated federal, state, and local wildlife areas; (c)The general location and extent of public utilities terminals, capital facilities, and transfer facilities, whether publicly or privately owned or operated, for water, light, sanitation, transportation, communication, power, and other purposes, and any proposed or projected needs for capital facilities and utilities, including the priorities, anticipated costs, and funding proposals for such facilities and utilities; (d)The general location and extent of an adequate and suitable supply of water. If the master plan includes a water supply element, the planning commission shall consult with the entities that supply water for use within the municipality to ensure coordination on water supply and facility planning, and the water supply element shall identify water supplies and facilities sufficient to meet the needs of the public and private infrastructure reasonably anticipated or identified in the planning process.Nothing in this paragraph (d) shall be construed to supersede, abrogate, or otherwise impair the allocation of water pursuant to the state constitution or laws,the right to beneficially use water pursuant to decrees, contracts, or other water use agreements, or the operation, maintenance, repair, replacement, or use of any water facility. (e)The acceptance, removal, relocation, widening, narrowing, vacating, abandonment, modification, change of use, or extension of any of the public ways, rights-of-way, including the coordination of such rights-of-way with the rights-of-way of other municipalities, counties, or regions, grounds, open spaces, buildings, property, utility, or terminals, referred to in paragraphs (a)to(d) of this subsection (1); (f) A zoning plan for the control of the height, area, bulk, location, and use of buildings and premises. Such a zoning plan may protect and assure access to appropriate conditions for solar, wind, or other alternative energy sources; however, regulations and restrictions of the height, number of stories, size of buildings and other structures, and the height and location of trees and other vegetation shall not apply to existing buildings, structures, trees, or vegetation except for new growth on such vegetation. (g)The general character, location, and extent of community centers, housing developments, whether public or private, the existing, proposed, or projected location of residential neighborhoods and sufficient land for future housing development for the existing and projected economic and other needs of all current and anticipated residents of the municipality, and redevelopment areas. If a municipality has entered into a regional planning agreement, such agreement may be incorporated by reference into the master plan. (h)A master plan for the extraction of commercial mineral deposits pursuant to section 34-1-3041 C.R.S.; (i) A plan for the location and placement of public utilities that facilitates the provision of such utilities to all existing, proposed, or projected developments in the municipality; 0) Projections of population growth and housing needs to accommodate the projected population for specified increments of time. The municipality may base these projections upon data from the department of local affairs and upon the municipality's local objectives. (k) The areas containing steep slopes, geological hazards, endangered or threatened species, wetlands, floodplains, floodways, and flood risk zones, highly erodible land or unstable soils, and wildfire hazards. For purposes of determining the location of such areas, the planning commission should consider the following sources for guidance: (I) The Colorado geological survey for defining and mapping geological hazards; (II)The United States fish and wildlife service of the United States department of the interior and the Colorado wildlife commission for locating areas inhabited by endangered or threatened species; (III)The Unites States Army corps of engineers and the United States fish and wildlife service national wetlands inventory for defining and mapping wetlands; (IV) The federal emergency management agency for defining and mapping floodplains, floodways, and flood risk zones; (V) The natural resources conservation service of the United States department of agriculture for defining and mapping unstable soils and highly erodible land; and (VI) The Colorado state forest service for locating wildfire hazard areas. (2) As the work of making the whole master plan progresses, the commission may from time to time adopt and publish a part thereof. Any such part shall cover one or more major sections or divisions of the municipality or one or more of the foregoing or other functional matters to be included in the plan. The commission may amend, extend, or add to the plan from time to time. (3) (Deleted by amendment, L. 2007, p. 613, § 2, effective August 3, 2007.) (4) (a) Each municipality that has a population of two thousand persons or more and that is wholly or partially located in a county that is subject to the requirements of section 30- 28-106 (4), C.R.S., shall adopt a master plan within two years after January 8, 2002. (b)The department of local affairs shall annually determine, based on the population statistics maintained by said department, whether a municipality is subject to the requirements of this subsection (4), and shall notify any municipality that is newly identified as being subject to said requirements. Any such municipality shall have two years following receipt of notification from the department to adopt a master plan. (c) Once a municipality is identified as being subject to the requirements of this subsection (4), the municipality shall at all times thereafter remain subject to the requirements of this subsection (4), regardless of whether it continues to meet the criteria specified in paragraph (a) of this subsection (4). (5)A master plan adopted in accordance with the requirements of subsection (4) of this section shall contain a recreational and tourism uses element pursuant to which the municipality shall indicate how it intends to provide for the recreational and tourism needs of residents of the municipality and visitors to the municipality through delineated areas dedicated to, without limitation, hiking, mountain biking, rock climbing, skiing, cross country skiing, rafting, fishing, boating, hunting, and shooting, or any other form of sports or other recreational activity, as applicable, and commercial facilities supporting such uses. (6)The master plan of any municipality adopted or amended in accordance with the requirements of this section on and after August 8, 2005, shall satisfy the requirements of section 29-1-207, C.R.S., as applicable. (7)Notwithstanding any other provision of this section, no master plan originally adopted or amended in accordance with the requirements of this section shall conflict with a master plan for the extraction of commercial mineral deposits adopted by the municipality pursuant to section 34-1-304, C.R.S. Source: L. 75: Entire title R&RE, p. 1147, § 1, effective July 1. L. 79: (1)(d)amended, p. 1162, § 10, effective January 1, 1980. L. 97: (3) added, p. 414, § 2, effective April 24. L. 2000: (1) amended, p. 874, § 2, effective August 2. L. 2001,2nd Ex. Sess.: (4) and (5) added, p. 22, § 2, effective January 8, 2002. L. 2002: (5) amended, p. 1036, § 84, effective June 1. L. 2005: (6) added, p. 223, § 3, effective August 8. L. 2007: IP(1) and (3) amended and (7) added, p. 613, § 2, effective August 3. Editor's note: This section was contained in this title when it was repealed and reenacted in 1975. Provisions of this section, as it existed in 1975, are similar to those contained in § 31-23- 106 as said section existed in 1974, the year prior to the repeal and reenactment of this title. ANNOTATION Law reviews. For comment, "Regionalism or Parochialism: The Land Use Planner's Dilemma", see 48 U. Colo. L. Rev. 575 (1977). For note, "The Permissible Scope of Compulsory Requirements for Land Development in Colorado", see 54 U. Colo. L. Rev. 447 (1983). For article, "Growth Management: Recent Developments in Municipal Annexation and Master Plans", see 31 Colo. Law. 61 (March 2002). City in advisory role.There is nothing in this section and § 31-23-209 which indicates a legislative intent to broaden a city's authority. They place ultimate governmental authority in matters pertaining to land use in unincorporated areas in the county. In effect, a city is given only an advisory role. Robinson v. City of Boulder, 190 Colo. 357, 547 P.2d 228 (1976). Standing of owner of property outside territory of authority to challenge rezoning. An owner of property adjacent to property being rezoned but not within the territory of the zoning authority has standing to challenge the rezoning. Bd. of County Comm'rs v. City of Thornton, 629 P.2d 605 (Colo. 1981). Sections 31-23-206 through 31-23-208 do not apply to rezoning or to a zoning change to a particular area. Coates v. City of Cripple Creek, 865 P.2d 924 (Colo. App. 1993). Applied in Margolis v. District Court, 638 P.2d 297 (Colo. 1981). W )Q 9 ✓ ., ma File File Edit Record Navi ate Form Reports Format Tab' 'Help 0 3 J . " Routing Status Fees Fee 5Lnmary Main Actions Attachments Routing jstory Valuation ArchjEng Custom Fields Sub Permits 1 F Permit type aslu Aspen Land Use Permit# OOI8.2012.ASLU Address 130S GALENA Apt j5uite Cry;ASPEN Skate CO Zip 61611 - __..- --- Permit Information V t Masker permit! � Routing queue aslu07 Applied 10130f2012 Project Status pending APPraved'� Description LAND USE CASE FOR MASTER PLANE CODE AMENDMENT-NO FEES Issued L f ClosedjFinal Submitted CITY OF ASPEN Clock ;Running Days Expires 10125(2013 Submitted via[-- _ Owner Last name CITY OF ASPEN First name CITY HALL 130S GALENA ASPEN CO 81611 Phone ( Address Applicant Q Owner is applicant? Contractor is applicant? Last name CITY OF ASPEN First name CITY HALL 130 S GALENA ASPEN CO 81611 Phone ( 1 Cust# 28769 Address Lender Last name First name J I Phone ( ) Address displays the peat finder's address AspenGdd5(servefj ar6elas 1�1 rA"kqCAr -�� Cad ��� �r . - � ens . 2� �12 a�