HomeMy WebLinkAboutagenda.apz.20130409 AGENDA
ASPEN PLANNING AND ZONING COMMISSION
SPECIAL WORK SESSION
TUESDAY, April 09, 2013
4:30 p.m. Council Chambers
CITY HALL
I. ROLL CALL
II. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
III. DECLARATION OF CONFLICT OF INTEREST
IV. CONTINUED CODE AMENDMENT
V. ADJOURN
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Chapter 26.310
AMENDMENTS TO THE LAND USE CODE AND OFFICIAL ZONE DISTRICT MAP
(REZONING)
Sections
26.310.010 Purpose
26.310.020 Amendments to the Land Use Code-Procedure for amendment
26.310.030 Amendments to the Land Use Code—Application contents
26.310.040 Amendments to the Land Use Code standards of review-Initiation
26.310.050 Amendments to the Land Use Code standards of review—Adoption
26.310.060 Rezoning-Procedure for amendment
26.310.070 Initial Zoning for Annexed Properties
26.310.080 Rezoning—Application contents
26.310.090 Rezoning— Standards of review
26.310.100 Notation of Planning and Zoning Commission resolution on Official Zone District
Map
26.310.110 Recordation of designation
26.310.120 Placement on City's Official Zone District Map
26.310.130 Disputes about zoning of a property
26.310.140 Time limitations
26.310.010. Purpose.
The purpose of this Chapter is to provide a means for amending the text of this Title (the Land Use
Code) and the Official Zone District Map. It is not intended to relieve particular hardships or confer
special privileges or rights on any person or property.
26.310.020. Amendments to the Land Use Code procedure for amendment.
A. General An application for amendments to the Land Use Code may be initiated by City Council
and shall be processed in accordance with the common development review procedures set forth at
Chapter 26.304, Common Development Review Procedures, and the steps identified in Section
26.310.020(B)—(C).
1. City Council may authorize a private party to submit a code amendment application. In such
case, the City Council shall determine the extent to which Step One is required (Steps Two
and Three are mandatory) and shall determine if the applicant shall pay review fees.
2. The Planning and Zoning Commission may initiate an amendment to the Land Use Code, as
provided for in Chapter 26.212, Planning and Zoning Commission. Initiation shall require the
adoption of a Resolution by the Planning and Zoning Commission. The Resolution shall be
forwarded to City Council for authorization to proceed through the process outlined herein.
City Council shall determine the extent to which Step One is required (Steps Two and Three
are mandatory).
3. The Historic Preservation Commission may initiate an amendment to the Land Use Code.
Initiation shall require the adoption of a Resolution by the Historic Preservation Commission.
The Resolution shall be forwarded to City Council for authorization to proceed through the
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process outlined herein. City Council shall determine the extent to which Step One is
required(Steps Two and Three are mandatory).
4. The Community Development Director may initiate an amendment to the Land Use Code, as
provided for in Chapter 26.210, Community Development Department. City Council shall
determine the extent to which Step One is required(Steps Two and Three are mandatory).
B. Steps required. Unless initiated by the City Council in accordance with Subsection C below, or
unless additional steps are requested by City Council, the review of a proposed text amendment shall
require three steps.
1. Step One—Community Input.
a) Purpose. To gather ideas, suggestions, comments, opinions, and recommendations from a
wide range of participants to determine if an amendment to the text of the Land Use Code
should be pursued by the City Council.
b) Process. The Community Development Director shall seek input from a wide range of
community members through a variety of methods, which may include focus groups,
structured facilitated sessions, surveys, or other methods. The Director shall solicit input
from the Planning and Zoning Commission, the Historic Preservation Commission, or
other Boards of the City, as applicable. Depending on the nature of the potential
amendment, the Director may solicit input from business owners, lodging operators, local
architects and planners, organizations that may have an interest in the topic, and the
general public. The Director shall develop a summary of the input methods used and
comments received during this step
c) Notice requirements.None.
2. Step Two—Public hearing before City Council.
a) Purpose. To determine if an amendment to the text of the Land Use Code should be
pursued.
b) Process. The Community Development Director shall present City Council with a
summary of comments received during Step One and a recommendation on whether and
how to amend the Land Use Code. The recommendation shall include proposed
objectives to be accomplished but need not include specific code sections or proposed
text. The recommendation shall include an analysis of the public policies of the City to be
advanced including, but not limited to, those stated in the Aspen Area Community Plan.
The Director may recommend options for consideration. The City Council may request
additional community engagement prior to a decision.
c) Standards of review. Section 26.310.040, Amendments to the Land Use Code standards of
review- Initiation
d) Form of decision. City Council shall decide to pursue an amendment to the Land Use
Code by resolution after considering the recommendation of the Community Development
Director and comments and testimony from the public at a duly noticed public hearing.
The resolution shall include the objective to be accomplished by the code amendment but
City of Aspen Land Use Code
Part 300—Amendments to the Land Use Code and Official Zone District Map
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need not cite specific code sections or proposed text. The City Council may elect to not
amend the Land Use Code,which shall not require adoption of a resolution.
e) Notice requirements: Publication pursuant to Subsection 26.304.060.E.3.a,Publication of
notice.
3. Step Three—Public Hearing before City Council.
a) Purpose. To determine if application meets standards for amendment to the text of the
Land Use Code.
b) Process. The Community Development Director shall provide City Council with a
recommendation to amend the Land Use Code with proposed text to chapters and
sections.
c) Standards of review. Section 26.310.050,Amendments to the Land Use Code standards of
review-Adoption
d) Form of decision. City Council decision shall be by ordinance after considering the
recommendation of the Community Development Director and comments and testimony
from the public at a duly noticed public hearing. The ordinance shall include the amended
text of the Land Use Code by chapter and section.
e) Notice requirements. Publication pursuant to Subparagraph 26.304.060.E.3.a., Publication
of notice, in addition to the requisite notice requirements for adoption of an ordinance by
City Council.
C. Emergency amendments to Land Use Code by City Council. Notwithstanding the procedures
for review set forth above and consistent with the authority of the City Council to adopt emergency
ordinances pursuant to Section 4.11 of the City Charter, for the preservation of public property,
health, peace or safety, the City Council may amend this Title in accordance with the procedures set
forth at Section 4.11 of the City Charter(Emergency ordinances).
(Ord. No. 27-2002, §6; Ord. No. 12, 2007, §14;Ord. No. 11-2012, §1)
26.310.030. Amendments to the Land Use Code—application contents.
A formal application is required prior to initiating Step Three of the code amendment process,
outlined above in Section 26.310.020(B)(3), Step Three — Public Hearing before City Council. The
application shall include:
A. The general application information required in Section 26.304.030, Application and Fees.
B. A copy of the City Council resolution requesting the amendment and a brief summary of how the
proposed text meets the stated objectives of the amendment.
C. A copy of the comments received during the Public Input phase.
D. The precise wording of the proposed amendment.
26.310.040. Amendments to the Land Use Code standards of review—Initiation.
City of Aspen Land Use Code
Part 300—Amendments to the Land Use Code and Official Zone District Map
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In reviewing a request to pursue an amendment to the text of this Title, per Section 26.310.020(B)(2),
Step Two—Public Hearing before City Council,the City Council shall consider:
A. Whether there exists a community interest to pursue the amendment.
B. Whether the objectives of the proposed amendment furthers an adopted policy, community goal,
or objective of the City including,but not limited to, those stated in the Aspen Area Community Plan.
C. Whether the objectives of the proposed amendment are compatible with the community character
of the City and in harmony with the public interest and the purpose and intent of this Title.
(Ord.No. 3 -2012, § 4, Ord.No. 11-2012, §1)
26.310.050 Amendments to the Land Use Code Standards of review-Adoption.
In reviewing an application to amend the text of this Title, per Section 26.310.020(B)(3), Step Three
—Public Hearing before City Council, the City Council shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this Title.
B. Whether the proposed amendment achieves the policy, community goal, or objective cited as
reasons for the code amendment or achieves other public policy objectives.
C. Whether the proposed amendment is compatible with the community character of the City and is
in harmony with the public interest and the purpose and intent of this Title.
(Ord.No. 3 -2012, § 5; Ord. No. 11-2012, §1)
26.310.060. Rezoning-Procedure for amendment.
A. General. An application for amendments the Official Zone District Map may be initiated by the
City Council, the Community Development Director, or a person or persons owning more than fifty
(50) percent of the area of land subject to the amendment and shall be processed in accordance with
the common development review procedures set forth at Chapter 26.304.
B. Steps required: The review of an application to amend the Official Zone District Map shall
require two (2) steps.
1. Step One—Public hearing before Planning and Zoning Commission.
a) Purpose. To determine if the application meets standards for amendment to the Official
Zone District Map and to provide a recommendation to City Council.
b) Process. The Community Development Director shall provide the Planning and Zoning
Commission with a recommendation regarding the specific request to amend the Official
Zone District Map.
c) Standards of Review. Section 26.310.090, Amendments to the Official Zone District Map
— Standards of Review
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Regular City Planning & Zoning Meeting—Minutes A., 29flt s`�
Bert said he kind of did this in the beginning but Cliff wanted to know about the
ESA Amendment. Bert said that was something that is missing is the
communication on that and it was on the schedule right now and staff was
supposed to update us. Ryan said that Jennifer was not our long range planner.
Bert said we did update in the meantime and there is room for improvement from
Community Development. Bert said that Jennifer said that P&Z was missing some
steps for code amendments and she is correct and the steps involve staff and the
Community Development Director and they are not participating so the question is
how do we do something that Council has asked us to do; we are doing it and we
don't have staff support so how do we get staff support. Stan said that they might
have to convince Council to tell staff that P&Z priorities have some merit and they
need to respond to it. Bert asked if we want to do a letter to Council. Cliff said let
some time evolve too. Bert said we let a year go by. Cliff said since Council gave
us these amendments to work on we have to give this some time. Bert said I think
we have. Council just gave this to us. Ryan said to prioritize what Council gave
us. Jasmine said that if there is a process regarding code amendments that P&Z
has been authorized by Council to initiate then that procedure should be followed;
if that means that Council has to direct staff to make themselves available to us;
that has to be communicated; we have to follow the process. Keith said this is the
formula. Bert said there is and one of the parts that Jennifer said is missing staff is
supposed to participate. Ryan asked if we make a motion to go to staff or Council.
Bert said we did that once and Council gave direction in a memo to make a
recommendation. Ryan said that we have worked on it. Debbie said you are just
working on it now. Bert said they have finished in a work session level one of the
commitments and we were assigned 2 projects and we need a regular session to
finish. Debbie said perhaps you can attach your minutes from the work session
and then staff can do their process and submit to Council. Jasmine said if you read
it then discuss it. Jim said that Jasmine had a good point in reading it first and
come prepared to discuss it. Jasmine said it was hard to understand the
information without reading it then discussing it. Debbie said it might be good to
notice what amendment you are going to be talking about in case anybody from the
public wants to talk about it with you since it is a public meeting. Ryan asked if
next Tuesday will be noticed in time for the public hearing. Debbie responded that
next Tuesday was a work session; the current schedule is the 21St of May for you to
make your action before it goes to Council.
Adjourned at 5:45 pm into a work session.
ckie Lothian, Deputy City Clerk
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