HomeMy WebLinkAboutcoa.lu.ca.0045.2013.ASLU0045.2013. ASLU 130 S. GALENA
CITY HALL
PUD/SPA CODE AMENDMENTS
C
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0045.2013.ASLU
PARCEL ID NUMBERS
PROJECTS ADDRESS 130 S GALENA ST
PLANNER CHRIS BENDON
CASE DESCRIPTION CODE AMENDMENT/PUD/SPA
REPRESENTATIVE CITY OF ASPEN
DATE OF FINAL ACTION 6.26.13
CLOSED BY ANGELA SCOREY ON: 1.8.14
0 C04'- 20f3 -R� c-N 0
MEMORANDUM
TO: Mayor Skadron and City Council
FROM: Chris Bendon, Community Development Director Am
RE: Planned Development Code Amendment
Ordinance 36, Series 2013 — Second Reading
DATE: November 18, 2013
SUMMARY:
City Council previously reviewed a draft of the revised Planned Development Chapter and
provided staff direction. Staff focused this latest draft to provide clearer understanding of
"Project Review" (previously called "Conceptual") and "Detailed Review" (previously called
"Final"). This intent of this is to highlight the importance of Project Review.
The ordinance provides greater predictability in the review process by "front -loading" the
significant community issues — uses, bulk, heights, floor area, setbacks. These issues are
addressed during Project Review. The technical requirements (engineering, architecture, and
infrastructure standards) are addressed later in the process during Detailed Review.
Since the October 28`h hearing, staff has revised the proposal. There was concern that a
neighborhood may not pay attention to a Use Variation request. Staff added a mechanism for
Council to "halt" this type of review and require an applicant to perform additional
neighborhood outreach prior to resuming the review. This is addition to heightened
neighborhood outreach, additional noticing requirements, and additional review standards that
apply to a use variation request.
Staff also sought and received feedback from individuals in the development community with
special emphasis on planners, land -use attorneys, and developers who do regular business with the
City. Staff added clarity regarding the timing of issuance of a Development Order (which occurs
after Detailed Review), added clarity around reviews being consolidated with either the Planning
and Zoning Commission or the Historic Preservation Commission, and made adjustments to the
amendment procedures to account for older approvals.
Community Development and Engineering have worked closely on these amendments to
insure the land use process works as effectively as possible, incorporates the Engineering
Design Standards, and insures that the technical requirements of the City are met. Staff has
also worked through the City Attorney's office to fine-tune the language and ensure the review
standards are clear. Staff believes the ordinance is in final form and is seeking approval.
STAFF RECOMMENDATION:
Staff recommends adoption of the proposed Ordinance.
1 1.18.2013, Planned Development
Page l of 6
0 •
LAND USE REQUESTS AND REVIEW PROCEDURES:
This is the second reading of proposed code amendments to amend the Planned Unit
Development (PUD) and Specially Planned Area (SPA) Chapters of the Land Use Code.
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 third step in the process:
1. Public Outreach
2. Policy Resolution by City Council indicating if an amendment should the pursued
3. Public Hearings on an Ordinance outlining specific code amendments.
PREVIOUS CHANGES:
Staff met with City Council on September 23`d and October 281h to discuss the proposed code
amendments to the PUD, SPA, and Subdivision Chapters of the Land Use Code. City Council
asked staff to make some changes to the proposed amendments, which are detailed below. The
remainder of the memo is the same as was presented at the previous meetings.
1. Council requested use variations be highlighted more effectively.
The proposed code amendment combines the SPA and PUD Chapters into one Chapter,
called Planned Development. Council asked staff to separate the use variations standards
from dimensional variations and to explore ways to ensure neighbors would be more
aware of proposed use changes.
The revised language includes a new section of review criteria specifically dedicated to
land use variations. Any project proposing to allow land uses not permitted in the
underlying zone district is subject to compliance with this new section with criteria to
ensure land use changes can be thoroughly reviewed.
In addition, staff has added new noticing requirements if use variations are proposed.
Under the new requirement, all public notices would be required to include the following
language: "The applicant proposes the development include the following land uses not
otherwise allowed in the underlying zone district: [list and description of land uses]."
Enhanced public noticing is also required for any land use changes.
In addition, staff provided ability for Council to "halt" a review process and resume after
an applicant performs additional neighborhood outreach. This was added in response to
Council feeling a neighborhood may not realize a use variation was being requested.
2. Council asked staff to examine ways to indicate that "Conceptual' review is the
main project review and is binding on an applicant.
Staff has addressed this issue in two ways. First, the term "Conceptual Review" has been
changed to "Project Review" and the term "Final Review" has been changed to "Detailed
Review." The intent is to indicate through terminology that the major review occurs with
the "Project Review" and that only details are addressed during "Detailed Review."
1 1.18.2013, Planned Development
Page 2 of 6
0 •
Second, staff has added new noticing requirements for the Project Review. All public
notices for Project Review would be required to include the following language: "City
Council 's Project Review addresses land uses, mass, scale, heights, site planning and
other major aspects of the proposal. City Council 's action is by ordinance, and is
binding."
3. Other Council Direction
City Council discussed the minimum lot size requirements for Planned Developments,
and staff s proposal for removing the 27,000 square foot minimum lot size. Staff
amended the language to the current policy which keep the 27,000 square foot
requirement and which allows the Community Development Director to waive the
requirement for community purpose. In addition, a majority of City Council supported
staff s recommendation that there be no hard limit on dimensional variations that can be
requested. City Council supported enabling an applicant, community, and the City to
have a discussion on the relative merits of a development request.
4. Combined Review.
Staff has removed the provisions for a combined Two -Step review. Staff believes the
proposed Three -Step review ensures the focus of the Council is on the massing, heights,
floor area, and uses within the proposal. Applicants often pursue a consolidated review
with the expectation that it will shorten the review. In fact, staff s expectation is that a
review of all project issues in one review will bring back the last minute negotiating of
big issues during Council's final review. This is the fundamental issue the rewrite is
trying to cure and a major source of community frustration with the PUD process.
BACKGROUND & OVERVIEW - PUD & SPA:
Staff received direction from City Council in March to process a code amendment related to
the Planned Unit Development (PUD) and Specially Planned Area (SPA) portions of the
land use code. These chapters allow variations to the allowed uses (SPA) and dimensions
(PUD) on a project specific basis. They are very similar processes, requiring an individual
project to demonstrate that a variation from uses or dimensions in the underlying zone
district provides a benefit to the community and results in a desirable development pattern.
These sections have not been updated in many years and an update to ensure the chapters
reflect up to date standards is desirable. Specifically, City Council asked staff to:
• Combine PUD and SPA into one chapter.
• Update and consolidate review standards where possible to eliminate redundancies and
provide greater clarity.
• Establish three (3) levels of amendment process for PUD and SPA: Administrative, P&Z
only, City Council only.
• Amend PUD and SPA to a three (3) step process where Conceptual Review is binding
through a City Council Ordinance:
o Step 1: P&Z review of Conceptual, recommendation to City Council.
o Step 2: City Council review of Conceptual, approval by Ordinance that establishes
all dimensional and use requirements.
11.18.2013, Planned Development
Page 3 of 6
o Step 3: P&Z review of Final, approval of final details (ex: exact utility line
placement, building materials, etc) by Resolution. Any changes to height or floor
area dimensions or uses variations established in the Council Conceptual Ordinance
would require City Council review and approval. Any other dimensional changes
could be approved as part of P&Z's final review.
CURRENT PUD & SPA REGULATIONS: The current PUD regulations allow a property of 27,000
square feet or more to apply for and be reviewed as a PUD. This lot size requirement may be
waived if "the development of the property may have the ability to further the adopted goals of
the community" and if the provisions of the PUD process "will best serve the interests of the
community." Approximately one -quarter of all PUDs in Aspen are below the current size
standard.
The current SPA regulations allow any property, regardless of size, to request to vary the
underlying allowed uses if "because of its unique historic, natural, physical or locational
characteristics, it would be of great public benefit to the City for that land to be allowed design
flexibility..."
For both PUD and SPA, a four -step review process is currently in place: Conceptual Review by
P&Z and then City Council, and Final Review by P&Z and then City Council. P&Z is a
recommending body to City Council. The process can be consolidated to a two-step review
process (just Final Reviews) if the issues involved are minor or the full review would be
redundant. The full four -step review process often takes upward of 3-4 years, while consolidated
reviews are about half that.
An applicant can request an amendment to an approved PUD or SPA. For PUD and SPA, there
are Insubstantial Amendments, reviewed administratively, and Major Amendments, reviewed by
City Council. For PUDs, a third level amendment, Minor Amendments, are allowed which are
reviewed by P&Z. This "intermediate" level of amendment is not currently in place for SPAs.
PROPOSED PUD & SPA CHANGES: The proposed code amendment combines PUD and SPA
into one chapter, updates the review criteria, and streamlines the review process. The key
changes are highlighted below:
A. PUD and SPA are combined into one chapter, called Planned Development. Both uses
and dimensions can be varied through the process.
B. The process is changed to a three -step process. Project Review is by P&Z and City
Council and Detail Review is completed by P&Z. This should simplify and reduce the time a
project is in the land use review process. More importantly, this should eliminate the last-
minute negotiation of major issues during the final hearings with the Council.
C. Project Review is binding. City Council approves an Ordinance at Project Review and
establishes the dimensions and uses for the project.
1 1.18.2013, Planned Development
Page 4 of 6
0 •
D. Changes to land uses, height, or floor area between Project Review and Detail Review
require City Council approval. If an applicant proposes any changes to the uses, height, or
floor area established in the Project Review Ordinance, the amendment will require
additional review by City Council and a Detail Review could not occur until this step was
completed. This is intended to improve the predictability from the public and City's
standpoint by ensuring the major aspects of the project is presented, and locked in, at the
beginning of the review process.
E. Three (3) levels of amendments are established. Minor changes can be reviewed
administratively, moderate changes are reviewed by the Planning & Zoning Commission,
and major changes are reviewed by City Council. This is a change when it comes to SPA,
but is the same as is currently allowed in PUD.
F. All review criteria have been consolidated and updated. The review criteria are amended
to reflect that the intent of PUDs and SPAs is to allow flexibility to address unique site
constraints and opportunities, while encouraging design innovation. The criteria provide
guidance to review bodies on when deviations from underlying zoning may be appropriate,
while maintaining P&Z's and City Council's flexibility and discretion in their review. This
was raised as an important aspect of any code change by both groups.
STAFF COMMENTS: Staff recommends approval of the proposed code amendment. In
combining PUD and SPA, staff believes the overall process to vary dimensions and uses will be
clearer and more straightforward, while eliminating some redundancy in the process. The intent
of both processes is to address site specific opportunities and constraints, and enable flexible and
innovative planning solutions that support community goals. Staff believes the ability to vary
both dimensions and uses through the SPA and PUD processes is important to retain in any code
change.
The most significant change is making Project Review meaningful. Conceptual Review
currently does not lock an applicant or the City into anything - it only allows an applicant to
apply for Final Review. Many times, major issues are "punted" to the final review. This
effectively lengthens a review proves by one to two years, creating unpredictability for everyone
and sets -up last-minute high stakes negotiation during Council's final hearing. This change
helps restore fairness and predictability to the process and will likely have the effect of
significantly reducing the length of a review process.
P&Z COMMENTS: Staff met with the P&Z in March and again in August to review potential
changes to the PUD and SPA chapters. Overall, the P&Z supported the idea that Conceptual
PUD and SPA reviews should have more meaning. There was some frustration that under the
current system projects can change dramatically between Conceptual and Final, which creates
uncertainty for everyone involved in the review process. The Commission felt that making
certain aspects of the Conceptual reviews binding, such as massing, height, building placement,
lot locations, parking, and general use mix, would mean the community, staff, and review bodies
would not be "surprised" at Final. Overall the Commission felt that if the Final Review is truly
limited to details that the process change could work.
l 1.18.2013, Planned Development
Page 5 of 6
9 •
There remain mixed opinions regarding the combination of PUD and SPA into one chapter.
Some members suggested only implementing the code change for certain projects rather than for
all PUDs and SPAs. Others felt that uses should not be allowed to be amended at all.
There were some concerns from the Commission that there is too much negotiation in the PUD
and SPA processes, and that streamlining the processes could exacerbate that. For this reason,
they felt strongly that PUDs and SPAs should rely more on underlying zoning than they do
today. There was some disagreement on exactly how that would work, but the Commission
strongly supported exploring ways to limit dimensional variations in the PUD and SPA
processes.
In addition, the Commission does not believe the minimum lot size requirement should be
eliminated. They felt that some size standard should be set to help protect a neighborhood from
development that is potentially out of scale or character with the area.
PUBLIC OUTREACH: Staff met with a group of private planners and architects prior to the
meeting with P&Z to get their feedback on the PUD and SPA processes and potential code
amendments. The group felt that the current four step SPA and PUD processes are unpredictable
and that applicants are often surprised during Final reviews when issues they thought were
resolved at Conceptual are brought up again during Final. The group strongly supported the idea
that Conceptual Review should be binding. They supported the process changing to three steps —
a binding Conceptual approval by Council after considering a recommendation from P&Z, and
final review for details at the P&Z level (staff s recommended option listed above). If the
Conceptual Review is changed to be more meaningful, the group stated the time period to apply
for Final Review would need to be increased beyond the one (1) year that is currently in the
code. This would enable them to better work out the final details. The group felt strongly that
the SPA and PUD process continue to allow a development to vary from underlying uses and
dimensions, as there are site specific issues that generally result in the need to request a PUD or
SPA. Finally, the group stated the review criteria for PUD needs to be consolidated and updated.
Staff gained further input sinse the October 28`h hearing from local planners, land -use attorneys,
and developers. All had very helpful input that has shaped the current proposal. Staff has also
worked with internal staff and the City Attorney to fine-tune the proposal. Overall, staff has
received positive response to the proposed changes.
STAFF RECOMMENDATION:
Staff recommends adoption of Ordinances 36.
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to adopt Ordinance 36, Series 2013, Amending the Planned Development Chapter of the
Land Use Code."
CITY MANAGER COMMENTS:
11.18.2013, Planned Development
Page 6 of 6
IrTl- 1$]t1:Ia110uI
TO: Mayor Skadron and City Council
FROM: Chris Bendon, Community Development Director
RE: PUD/SPA Code Amendment
Ordinance 36, Series 2013 - Second Reading
DATE: October 28, 2013
SUMMARY:
Staff is proposing amendments to the Subdivision, Specially Planned Area, and Planned Unit
Development Chapters, as well as the creation of a new Chapter, Approval Documents. Staff
proposes changes these changes be accomplished together.
City Council previously reviewed a draft of the revised Planned Unit Development Chapter
and provided staff direction. Staff focused this latest draft to provide clearer understanding of
"Project Review" (previously called "Conceptual") and "Detail Review" (previously called
"Final"). This intent of this is to highlight the importance of Project Review.
Staff also rewrote sections regarding "Use Variations" with emphasis on enhanced noticing to
neighbors and unique criteria related to proposed uses. Most Planned Development
applications will not involve a use variation. But when they do, the same set of standards for
any Planned Development plus the use variation standards will apply. This is a significant
upgrade from the SPA requirements which provided little guidance on site planning and
massing issues.
The ordinance provides greater predictability in the review process by "front -loading" the
significant community issues - uses, bulk, heights, floor area, setbacks. These issues are
addressed during Project Review. The technical requirements (engineering, architecture, and
infrastructure standards) are addressed later in the process during Detail Review.
Community Development and Engineering have worked closely on these amendments to
insure the land use process works as effectively as possible, incorporates the Engineering
Design Standards, and insures that the technical requirements of the City are met.
Staff would like to discuss the recent changes and then continue the hearing to November 1 ltn
Staff would also like additional time to gather input from local planners, land use attorneys,
and applicants.
STAFF RECOMMENDATION:
Staff recommends discussion and continuation of the proposed Ordinance.
10.28.2013, Planned Development
Page 1 of 6
9 0
LAND USE REQUESTS AND REVIEW PROCEDURES:
This is the second reading of proposed code amendments to amend the Planned Unit
Development (PUD) and Specially Planned Area (SPA) Chapters of the Land Use Code.
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 third step in the process:
1. Public Outreach
2. Policy Resolution by City Council indicating if an amendment should the pursued
3. Public Hearings on an Ordinance outlining specific code amendments.
CHANGES FROM 9.23.2013 HEARING:
Staff met with City Council on September 23`d to discuss the proposed code amendments to the
PUD, SPA, and Subdivision Chapters of the Land Use Code. City Council asked staff to make
some changes to the proposed PUD and SPA amendments, which are detailed below. The
remainder of the memo is the same as was presented at the previous meetings.
1. Council requested use variations be highlighted more effectively.
The proposed code amendment combines the SPA and PUD Chapters into one Chapter,
called Planned Development. Council asked staff to separate the use variations standards
from dimensional variations and to explore ways to ensure neighbors would be more
aware of proposed use changes.
The revised language includes a new section of review criteria specifically dedicated to
land use variations. Any project proposing to allow land uses not permitted in the
underlying zone district is subject to compliance with this new section with criteria to
ensure land use changes can be thoroughly reviewed.
In addition, staff has added new noticing requirements if use variations are proposed.
Under the new requirement, all public notices would be required to include the following
language: "The applicant proposes the development include the following land uses not
otherwise allowed in the underlying zone district: [list of land uses]." Enhanced public
noticing is also required for any land use changes.
2. Council asked staff to examine ways to indicate that "Conceptual" review is the
main project review and is binding on an applicant.
Staff has addressed this issue in two ways. First, the term "Conceptual Review" has been
changed to "Project Review" and the term "Final Review" has been changed to "Detail
Review." The intent is to indicate through terminology that the major review occurs with
the "Project Review" and that only details are addressed during "Detail Review."
Second, staff has added new noticing requirements for the
notices for Project Review would be required to include t]
Council 's Project Review addresses land uses, mass, scaly
other major aspects of the proposal. City Council 's act
binding."
Project Review. All public
e following language: "City
, heights, site planning and
on is by ordinance, and is
10.28.2013. Planned Development
Page 2 of 6
3. Other Council Direction
City Council discussed the minimum lot size requirements for Planned Developments,
and staff s proposal for removing the 27,000 square foot minimum lot size. Staff
amended the language to the current policy which keep the 27,000 square foot
requirement and which allows the Community Development Director to waive the
requirement for community purpose. In addition, a majority of City Council supported
staffs recommendation that there be no hard limit on dimensional variations that can be
requested. City Council supported enabling an applicant, community, and the City to
have a discussion on the relative merits of a development request.
4. Combined Review.
Staff has removed the provisions for a combined Two -Step review. Staff believes the
proposed Three -Step review ensures the focus of the Council is on the massing, heights,
floor area, and uses within the proposal. Applicants often pursue a consolidated review
with the expectation that it will shorten the review. In fact, staff s expectation is that a
review of all project issues in one review will bring back the last minute negotiating of
big issues during Council's final review. This is the fundamental issue the rewrite is
trying to cure and a major source of community frustration with the PUD process.
Staff would like to discuss this point with City Council and gather additional feedback
from applicants. If this is pursued, staff expects some additional flexibility for amending
projects may be necessary. This would allow relatively simple changes to avoid a full
three -step review.
BACKGROUND & OVERVIEW - PUD & SPA:
Staff received direction from City Council in March to process a code amendment related to the
Planned Unit Development (PUD) and Specially Planned Area (SPA) portions of the land use
code. These chapters allow variations to the allowed uses (SPA) and dimensions (PUD) on a
project specific basis. They are very similar processes, requiring an individual project to
demonstrate that a variation from uses or dimensions in the underlying zone district provides a
benefit to the community and results in a desirable development pattern. These sections have not
been updated in many years and an update to ensure the chapters reflect up to date standards is
desirable. Specifically, City Council asked staff to:
• Combine PUD and SPA into one chapter.
• Update and consolidate review standards where possible to eliminate redundancies and
provide greater clarity.
• Establish three (3) levels of amendment process for PUD and SPA: Administrative, P&Z
only, City Council only.
• Amend PUD and SPA to a three (3) step process where Conceptual Review is binding
through a City Council Ordinance:
o Step 1: P&Z review of Conceptual, recommendation to City Council.
o Step 2: City Council review of Conceptual, approval by Ordinance that establishes
all dimensional and use requirements.
o Step 3: P&Z review of Final, approval of final details (ex: exact utility line
placement, building materials, etc) by Resolution. Any changes to height or floor
10.28.2013, Planned Development
Page 3 of 6
0 0
area dimensions or uses variations established in the Council Conceptual Ordinance
would require City Council review and approval. Any other dimensional changes
could be approved as part of P&Z's final review.
CURRENT PUD & SPA REGULATIONS: The current PUD regulations allow a property of 27,000
square feet or more to apply for and be reviewed as a PUD. This lot size requirement may be
waived if "the development of the property may have the ability to further the adopted goals of
the community" and if the provisions of the PUD process "will best serve the interests of the
community." Approximately one -quarter of all PUDs in Aspen are below the current size
standard.
The current SPA regulations allow any property, regardless of size, to request to vary the
underlying allowed uses if "because of its unique historic, natural, physical or locational
characteristics, it would be of great public benefit to the City for that land to be allowed design
flexibility..."
For both PUD and SPA, a four -step review process is currently in place: Conceptual Review by
P&Z and then City Council, and Final Review by P&Z and then City Council. P&Z is a
recommending body to City Council. The process can be consolidated to a two-step review
process (just Final Reviews) if the issues involved are minor or the full review would be
redundant. The full four -step review process often takes upward of 3-4 years, while consolidated
reviews are about half that.
An applicant can request an amendment to an approved PUD or SPA. For PUD and SPA, there
are Insubstantial Amendments, reviewed administratively, and Major Amendments, reviewed by
City Council. For PUDs, a third level amendment, Minor Amendments, are allowed which are
reviewed by P&Z. This "intermediate" level of amendment is not currently in place for SPAs.
PROPOSED PUD & SPA CHANGES: The proposed code amendment combines PUD and SPA
into one chapter, updates the review criteria, and streamlines the review process. A track
changes version of the code amendment is attached as Exhibit B and a clean version of the code
amendment is attached as Exhibit C. The key changes are highlighted below:
A. PUD and SPA are combined into one chapter, called Planned Development. Both uses
and dimensions can be varied through the process.
B. The process is changed to a three -step process. Project Review is by P&Z and City
Council and Detail Review is completed by P&Z. This should simplify and reduce the time a
project is in the land use review process. More importantly, this should eliminate the last-
minute negotiation of major issues during the final hearings with the Council.
C. Project Review is binding. City Council approves an Ordinance at Project Review and
establishes the dimensions and uses for the project.
D. Changes to land uses, height, or floor area between Project Review and Detail Review
require City Council approval. If an applicant proposes any changes to the uses, height, or
10.28.2013, Planned Development
Page 4 of 6
floor area established in the Project Review Ordinance, the amendment will require
additional review by City Council and a Detail Review could not occur until this step was
completed. This is intended to improve the predictability from the public and City's
standpoint by ensuring the major aspects of the project is presented, and locked in, at the
beginning of the review process.
E. Three (3) levels of amendments are established. Minor changes can be reviewed
administratively, moderate changes are reviewed by the Planning & Zoning Commission,
and major changes are reviewed by City Council. This is a change when it comes to SPA,
but is the same as is currently allowed in PUD.
F. All review criteria have been consolidated and updated. The review criteria are amended
to reflect that the intent of PUDs and SPAs is to allow flexibility to address unique site
constraints and opportunities, while encouraging design innovation. The criteria provide
guidance to review bodies on when deviations from underlying zoning may be appropriate,
while maintaining P&Z's and City Council's flexibility and discretion in their review. This
was raised as an important aspect of any code change by both groups.
STAFF COMMENTS: Staff recommends approval of the proposed code amendment. In
combining PUD and SPA, staff believes the overall process to vary dimensions and uses will be
clearer and more straightforward, while eliminating some redundancy in the process. The intent
of both processes is to address site specific opportunities and constraints, and enable flexible and
innovative planning solutions that support community goals. Staff believes the ability to vary
both dimensions and uses through the SPA and PUD processes is important to retain in any code
change.
The most significant change is making Project Review meaningful. Conceptual Review
currently does not lock an applicant or the City into anything - it only allows an applicant to
apply for Final Review. Many times, major issues are "punted" to the final review. This
effectively lengthens a review proves by one to two years, creating unpredictability for everyone
and sets -up last-minute high stakes negotiation during Council's final hearing. This change
helps restore fairness and predictability to the process and will likely have the effect of
significantly reducing the length of a review process.
P&Z COMMENTS: Staff met with the P&Z in March and again in August to review potential
changes to the PUD and SPA chapters. Overall, the P&Z supported the idea that Conceptual
PUD and SPA reviews should have more meaning. There was some frustration that under the
current system projects can change dramatically between Conceptual and Final, which creates
uncertainty for everyone involved in the review process. The Commission felt that making
certain aspects of the Conceptual reviews binding, such as massing, height, building placement,
lot locations, parking, and general use mix, would mean the community, staff, and review bodies
would not be "surprised" at Final. Overall the Commission felt that if the Final Review is truly
limited to details that the process change could work.
10.28.2013, Planned Development
Page 5 of 6
r •.
There remain mixed opinions regarding the combination of PUD and SPA into one chapter.
Some members suggested only implementing the code change for certain projects rather than for
all PUDs and SPAs. Others felt that uses should not be allowed to be amended at all.
There were some concerns from the Commission that there is too much negotiation in the PUD
and SPA processes, and that streamlining the processes could exacerbate that. For this reason,
they felt strongly that PUDs and SPAS should rely more on underlying zoning than they do
today. There was some disagreement on exactly how that would work, but the Commission
strongly supported exploring ways to limit dimensional variations in the PUD and SPA
processes.
In addition, the Commission does not believe the minimum lot size requirement should be
eliminated. They felt that some size standard should be set to help protect a neighborhood from
development that is potentially out of scale or character with the area.
PUBLIC OUTREACH: Staff met with a group of private planners and architects prior to the
meeting with P&Z to get their feedback on the PUD and SPA processes and potential code
amendments. The group felt that the current four step SPA and PUD processes are unpredictable
and that applicants are often surprised during Final reviews when issues they thought were
resolved at Conceptual are brought up again during Final. The group strongly supported the idea
that Conceptual Review should be binding. They supported the process changing to three steps —
a binding Conceptual approval by Council after considering a recommendation from P&Z, and
final review for details at the P&Z level (staffs recommended option listed above). If the
Conceptual Review is changed to be more meaningful, the group stated the time period to apply
for Final Review would need to be increased beyond the one (1) year that is currently in the
code. This would enable them to better work out the final details. The group felt strongly that
the SPA and PUD process continue to allow a development to vary from underlying uses and
dimensions, as there are site specific issues that generally result in the need to request a PUD or
SPA. Finally, the group stated the review criteria for PUD needs to be consolidated and updated.
Staff would like to gain further input from local planners. The proposal has been amended and
fresh comments will assist Council's decision. . Staff has received positive response to the
proposed changes to date.
STAFF RECOMMENDATION:
Staff recommends discussion and continuation of Ordinances 36.
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to continue Ordinance 36, Series 2013, to November 11 to.,,
CITY MANAGER COMMENTS:
ATTACHMENTS:
Ordinance 36, Series 2013.
10.28.2013, Planned Development
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ORDINANCE No. 36
(Series of 2013)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO
THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE
SECTIONS:
26.440, SPECIALLY PLANNED AREA;
26.445, PLANNED UNIT DEVELOPMENT;
26.104.100, DEFINITIONS — SPECIALLY PLANNED AREA;
26.208.010, CITY COUNCIL - POWERS AND DUTIES;
26.210.020.13, COMMUNITY DEVELOPMENT DEPARTMENT — JURISDICTION,
AUTHORITY AND DUTIES;
26.212.010, PLANNING AND ZONING COMMISSION — POWERS AND DUTIES;
26.304.040, COMMON DEVELOPMENT REVIEW PROCEDURES — INITIATION OF
APPLICATION FOR DEVELOPMENT ORDER;
26.304.060.A, REVIEW OF A DEVELOPMENT APPLICATION BY DECISION -
MAKING BODIES — REVIEW OF PROCEDURES AND STANDARDS;
26.412.040.A, COMMERCIAL DESIGN REVIEW — REVIEW PROCEDURE, REVIEW
PROCESS;
26.470.11 O.A, GROWTH MANAGEMENT REVIEW PROCEDURES — GENERAL;
26.510.020, SIGNS — APPLICABILITY AND SCOPE;
26.590, TIMESHARE DEVELOPMENT;
26.710.230, ZONE DISTRICTS — ACADEMIC; 26.710.240, ZONE DISTRICTS — PARK;
26.710.250, ZONE DISTRICTS - PUBLIC.
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 PUD and SPA Chapters in the Land
Use Code; 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 regarding the code amendment; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing
on January 28, 2013, the City Council approved Resolution No.15, Series of 2013, by a five to zero
(5 — 0) vote, requesting code amendments to the employee generation figures in the Land Use Code;
and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing
on January 28, 2013, the City Council approved Resolution No. 66, Series of 2013, by a three to
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Planned Development Oct. 28
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zero (3 — 0) vote, requesting code amendments to the PUD and SPA Chapters in the Land Use
Code; and,
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to the City of Aspen Land Use Code Sections 26.440, Specially Planned
Area; 26.445, Planned Unit Development; 26.104.100, Definitions — Specially Planned Area;
26.208.010, City Council - Powers and Duties; 26.210.020.13, Community Development
Department — Jurisdiction, Authority and Duties; 26.212.010, Planning and Zoning Commission
— Powers and Duties; 26.304.040, Common Development Review Procedures — Initiation of
application for development order; 26.304.060.A, Review of a development application by
decision -making bodies — Review of procedures and standards; 26.412.040.A, Commercial
Design Review — Review procedure, Review Process; 26.470.110.A, Growth Management
Review Procedures — General; 26.510.020, Signs — Applicability and scope; 26.590.030.C.4 —
Exempt timesharing, Review standards for exemption; 26.590.040, Timeshare Development —
Procedure for review of timeshare lodge development application; 26.590.050, Timeshare
Development — Contents of application; 26.590.070, Timeshare Development — Review
Standards for timeshare lodge development; 26.590.090, Timeshare Development — Timeshare
documents; 26.710.230, Zone Districts — Academic; 26.710.240, Zone Districts — Park; and
26.710.250, Zone Districts — Public; 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
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1: Any and all previous approvals, allowances, limitations, conditions granted to
properties previously designated Planned Unit Development (PUD) or Specially Planned
Area (SPA) on the Official Zone District Map shall remain in full force and effect and
subject to the terms of Chapter 26.445 — Planned Development.
Section 2: The Community Development Director shall cause the Official Zone District Map to
be amended as follows: All lands with a Specially Planned Area (SPA) designation and all
lands with a Planned Unit Development (PUD) designation on the Official Zone District Map
shall be designated Planned Development.
Section 3: All references in Title 26 to "Specially Planned Area" shall be amended to "Planned
Development." All references in Title 26 to "SPA" shall be amended to "Planned
Development." All references in Title 26 to "Planned Unit Development" shall be amended
to "Planned Development." All references in Title 26 to "PUD" shall be amended to
"Planned Development." All references to "Conceptual PUD Review" in Title 26 shall be
changed to "Project Review." All reference to "Conceptual PUD Development Plan" or
"Conceptual Development Plan" in Title 26 shall be changed to "Project Review." All
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Planned Development Oct. 28
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reference to "Final PUD Review" in Title 26 shall be changed to "Detail Review."
Section 4: Chapter 26.440, Specially Planned Area, shall be deleted in its entirety.
Sec.26.104.100, Definitions — Specially Planned Area shall be deleted in its entirety. Chapter
26.445, Planned Unit Development, shall be amended to read as follows:
Chapter 26.445
PLANNED DEVELOPMENT
Sections:
26.445.010.
Purpose.
26.445.020.
Applicability.
26.445.030.
Procedures for Review.
26.445.040.
Effect, Limitations, and Deadlines
26.445.050.
Project Review Standards.
26.445.060.
Use Variations Standards.
26.445.070.
Detail Review Standards.
26.445.080.
Application Materials.
26.445.090.
Documentation of Approvals
26.445.100.
Planned Development designation on Official Zone District Map.
26.445.110.
Amendments.
26.445.120.
Appeals.
26.445.010. Purpose.
The purpose of Planned Development review is to encourage flexibility and innovation in the
development of land which:
A. Promotes the purposes, goals and objectives of applicable adopted regulatory plans.
B. Achieves a more desirable development pattern, a higher quality design and site planning, a
greater variety in the type and character of development and a greater compatibility with existing
and future surrounding land uses than would be possible through the strict application of the
zone district provisions.
C. Preserves natural and man-made site features of historic, cultural or scenic value.
D. Promotes more efficient use of land, public facilities and governmental services.
E. Incorporates an appropriate level of public input to the planning process to ensure sensitivity
to neighborhood and community goals and objectives.
F. Promotes safe and convenient transit, pedestrian, bicycle and vehicular access and circulation.
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Planned Development Oct. 28
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G. Allows the development of mixed land uses through the encouragement of innovative design
practices that warrant variations from the standard permitted zone district land uses and
dimensional requirements.
26.445.020. Applicability.
An application for a Planned Development may be submitted on any parcel, or series of adjacent
parcels, which is 27,000 square feet or greater in gross lot size or which requires the submission
of a Planned Development pursuant to the zoning for the parcel. (See Chapter 26.710. — Zone
Districts.) An application for a Planned Development may be submitted on any parcel, or series
of adjacent parcels, smaller than 27,000 square feet if the Community Development Director
believes there exists an opportunity to advance a significant community goal through the Planned
Development procedures.
An application to amend a Planned Development may be submitted for any land granted Planned
Development approval, including all land granted approval for a Planned Unit Development or
Specially Planned Area prior to the adoption of Ordinance 36, Series 2013, and all land
designated Planned Development on the Official Zone District Map. All land within a Planned
Development shall continue to be assigned to a zone district most appropriate for that land.
All development of land subject to an approved Planned Development, including all land subject
to a Planned Unit Development or Specially Planned Area approval granted prior to the adoption
of Ordinance 36, Series 2013, shall conform to the allowances and limitations of a Development
Order for a site specific development plan.
All development of land designated Planned Development on the official zone district map and
which does not have an approved site specific development plan approval, must receive Planned
Development approval, or amendment approval, pursuant to the terms of this Chapter. However,
in the absence of an approved site specific development plan, a single detached, two (2)
detached, or a duplex residential dwelling, if listed as a permitted use in the property's zoning,
may be developed in conformance with the provisions of the Zone District. This shall not
exempt a development from complying with any other applicable Land Use Code requirements.
26.445.030. Procedures for Review.
A. General. Any development within a Planned Development or on land designated Planned
Development on the Official Zone District Map shall be reviewed pursuant to the procedures and
standards in this Chapter and the Common Development Review Procedures set forth at Chapter
26.304. Any land previously designated on the Official Zone District Map or granted Planned
Unit Development (PUD) or Specially Planned Area (SPA) approval shall be subject to the terms
of this Chapter.
B. Types of Planned Development Review.
1. Planned Development — Three -Step Review. All development proposed within a Planned
Development, unless allowed a consolidated review as described below, shall be subject to a
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Three -Step Review consisting of the following steps (See also Section 26.445.030(C), Steps
Required). Public hearings are required at each step.
a. Step One — Project Review before the Planning and Zoning Commission.
1. Purpose: To determine if the application meets standards for Project Review
Approval. Project Review shall focus on the overall concept and general parameters
of a project. The allowed land uses, layout, mass and scale, and dimensions of the
project, including all deviations from zone district allowances and limitations, shall
be established during Project Review.
2. Process: The Community Development Director shall provide the Planning and
Zoning Commission with a recommendation to approve, approve with conditions, or
deny and applicant's Project Review, based on the standards of review. The Planning
and Zoning Commission shall forward a recommendation of approval, approval with
conditions or disapproval of an applicant's Project Review to City Council after
considering the recommendation of the Community Development Director, and
comments and testimony from the public at a duly noticed public hearing.
3. Standards of review: Section 26.445.040, Project Review Standards. If use
variations are proposed, the development shall also comply with Section 26.445.045,
Use Variation Standards.
4. Form of decision: The Planning and Zoning recommendation shall be by resolution.
5. Notice requirements: Publication, mailing and posting pursuant to Section
26.304.060.E.3.a, b and c. If use variations are proposed as part of the project,
Neighborhood Outreach, pursuant to Section 26.304.035, shall be required and all
public notices shall indicate what land uses are proposed to be added by including the
following language: "The applicant proposes the development include the following
land uses not otherwise allowed in the underlying zone district: [list of land uses]."
b. Step Two — Project Review before the City Council.
1. Purpose: To determine if the application meets standards for Project Review
Approval. Project Review shall focus on the overall concept and general parameters
of a project. The allowed land uses, layout, mass and scale, and dimensions of the
project, including all deviations from zone district allowances and limitations, shall
be established during Project Review. Project Review Approval
2. Process: The Community Development Director shall provide City Council with a
recommendation to approve, approve with conditions, or deny the Project Approval
Review, based on the standards of review. City Council shall approve, approve with
conditions, or deny the application after considering the recommendation of the
Community Development Director, the recommendation from the Planning and
Zoning Commission, and comments and testimony from the public at a duly noticed
public hearing.
3. Standards of review: Section 26.445.040 for Project Approval Review. If variations
in land uses are proposed, the development shall also comply with Section
26.445.045, Use Variation Standards.
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Planned Development Oct. 28
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4. Form of decision: City Council action shall be by ordinance approving, approving
with conditions or denying Project Review.
5. Notice requirements: Requisite notice requirements for adoption of an ordinance by
City Council and publication, posting and mailing pursuant to Section
26.304.060.E.3.a, b and c. In addition, all notices shall include the following
language: "City Council's Project Review addresses land uses, mass, scale, height,
floor area, site planning and other major aspects of the proposal. City Council's
action is by ordinance and is binding."
If use variations are proposed as part of the project, Neighborhood Outreach, pursuant
to Section 26.304.035, shall be required and all public notices shall indicate what land
uses are proposed to be added by including the following language: "The applicant
proposes the development include the following land uses not otherwise allowed in
the underlying zone district: [list of land uses]."
3. Step Three — Detail Review with Planning and Zoning Commission.
1. Purpose: To determine if the application meets the standards for Detail Review.
Detail Review shall focus on refining a project design and operational characteristics,
including final architectural details and materials, landscape details, utility and other
infrastructure details. The intent is to perfect and finalize all detail aspects of the
project, but not to reconsider previously resolved issues. The Project Review
approval shall not be revisited as part of the Detail Review. Approval of Detail
Review together with the Project Review approval shall constitute approval of a Final
Development Plan.
2. Process: The Community Development Director shall provide the Planning and
Zoning Commission with a recommendation to approve, approve with conditions, or
deny the Detail Review, based on the standards of review. The Planning and Zoning
Commission shall approve, approve with conditions or disapprove an Detail Review
after considering the recommendation of the Community Development Director, and
comments and testimony from the public at a duly noticed public hearing.
3. Standards of review: Section 26.445.050 for Detail Review.
4. Form of decision: The Planning and Zoning decision shall be by resolution.
5. Notice requirements: Publication, posting and mailing pursuant to Section
26.304.060.E.3.a, b and c.)
B. Associated Reviews.
1. Project Review Combined with Associated Reviews. Unless waived by the
Community Development Director, after consultation with the applicant, an application
for Project Review shall be combined with development applications for all other
associated land use reviews necessary for the project, including conditional use, special
review, ESA review, subdivision review, rezoning, and growth management. All
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Planned Development Oct. 28
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associated reviews shall be combined with Project Review and made part of one decision
for the project as a whole, pursuant to Section 26.304.050.B.I — Combined Reviews.
All approvals granted during Project Review shall be contingent upon the project
receiving Detail Review approval. Failure to gain Detail Review approval shall nullify
all associated review approvals. If a Combined Review has been permitted, all associated
reviews shall be combined, as stated above, to enable one decision for the project as a
whole.
The Community Development Director shall inform the applicant during the pre -
application stage of a project whether associated reviews combination will be required
and if any redundant submission requirements may be waived.
2. Project Review Combined with Conceptual Commercial Design Review. Unless
waived by the Community Development Director, after consultation with the applicant,
an application for Project Review shall be combined with conceptual commercial design
review and made part of one decision for the project as a whole, pursuant to Section
26.304.050.B.I —Combined Reviews.
Notwithstanding section 26.412.O40.13, Commercial Design Review Procedure, Appeals,
notice to City Council and call-up, when Project Review is combined with conceptual
commercial design review, City Council's Project Review shall constitute the required
commercial design review call-up procedure, and no other action shall be required.
The Community Development Director shall inform the applicant during the pre -
application stage of a project whether combination will be required and if any redundant
submission requirements may be waived.
3. Detail Review Combined with Final Commercial Design Review. Unless waived by
the Community Development Director, after consultation with the applicant, an
application for Detail Review shall be combined with final commercial design review and
made part of one decision for the project as a whole, pursuant to Section 26.304.050.B.I
— Combined Reviews.
The Community Development Director shall inform the applicant during the pre -
application stage of a project whether combination will be required and if any redundant
submission requirements may be waived.
4. Project Review Combined with Historic Preservation Review. An applicant may
request and the Community Development Director may determine that an application for
Project Review or Detail Review on a property that is historically designated or located
within a Historic District may be combined with applicable Historic Preservation reviews
outlined in Chapter 26.415, Historic Preservation, pursuant to Section 26.3O4.O6O(B)(1),
Combined Reviews. In such circumstances, the Project Review, Detail Review, and any
other associated reviews shall be completed by the Historic Preservation Commission. In
such cases, the Historic Preservation Commission shall administer all reviews herein
assigned to the Planning and Zoning Commission.
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Notwithstanding sections 26.415.12O.B-D, Historic Preservation, Appeals, notice to City
Council and call-up, when Project Review is combined with a Historic Preservation
review that is subject to said sections, City Council's Project Review shall constitute the
required call-up procedure, and no other action shall be required.
26.445.040 Effect, Limitations, and Deadlines
A. General.
Development on any land within a Planned Development may occur only after all land use
approvals are received, all requisite documents, agreements, plats, have been filed and the
applicant has received all necessary permits as required by the Municipal Code and any other
county, state or federal authority with jurisdiction over the land.
B. Project Review Approval.
Project Review shall set forth the overall concept and general parameters of a project. The
allowed land uses, layout, mass and scale, and dimensions of the project, including all deviations
from zone district allowances and limitations, shall be established during Project Review. Issues
resolved during Project Review approval shall not be revisited or reconsidered as part of Detail
Review. Rather, Detail Review shall be used to perfect and finalize detail aspects of the project
within the parameters established during Project Review. (Also see amendment procedures —
Section 26.445.110.)
Unless otherwise specified in the ordinance granting Project Review approval, a Project Review
approval shall be documented by filing an approved plan set with the Community Development
Department, pursuant to Chapter 26.490 — Development Documents, within one hundred eighty
(180) days following the date of Project Review approval. The approved plan set may be
required to contain various plans, diagrams, or narrative to document unique characteristics of
the approval. Failure to submit an approved plan set within the time period shall render null and
void the Project Review approval.
Unless otherwise specified in the ordinance granting Project Review approval, a development
application for Detail Review shall be submitted within one (1) year of the date of Project
Review approval. Failure to file such an application within this time period shall render null and
void the Project Review Approval.
An application for Project Review amendment must be submitted within one (1) year of the
previously approved Project Review. Applications for Project Review amendment submitted
after this deadline shall be subject to a new Project Review and shall be subject to any changes in
zoning and the Land Use Code. When an application for a Project Review Amendment is
submitted pursuant to Section 26.445.O9O(A), the requirement that a development application for
Detail Review be submitted within one (1) year shall be stayed for the period of pendency of the
amendment. Amendment approval shall create a new one-year application deadline.
C. Final Planned Development Approval.
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The approval of a Project Review and Detail Review together constitute a Final Planned
Development Approval. Unless otherwise specified in the Resolution granting Detail Review
approval, a Final Planned Development approval shall be documented by filing an approved plan
set and all required plats and Development Agreements with the Community Development
Department, pursuant to Chapter 26.490 — Development Documents, within one hundred eighty
(180) days following the date of Detail Review approval. The approved plan set may be required
to contain various plans, diagrams, or narrative to document unique characteristics of the
approval. Failure to submit an approved plan set within the time period shall render null and
void the Project Review and Detail Review approvals.
When an application for a Project Approval Amendment or Detail Review Amendment is
submitted pursuant to Section 26.445.090(A), the filing deadline shall be stayed for the period of
pendency of the amendment. Amendment approval shall create a new filing deadline.
A. Deadline Extensions.
The Community Development Director may grant extensions of the time limitations set forth
herein if the delay has been caused by the application requiring additional reviews or similar
circumstances that could not have been reasonably predicted by the applicant. A written request
for extension must be received no less than thirty (30) days prior to the expiration date. The
Community Development Director may forward the request the City Council and the Council
may, at its sole discretion and for good cause shown, grant an extension of the deadline.
26.445.050. Project Review Standards.
The Project Review shall focus on the general concept for the development and shall outline any
dimensional requirements that vary from those allowed in the underlying zone district. The
burden shall rest upon an applicant to show the reasonableness of the development application
and its conformity to the standards and procedures of this Chapter and this Title. The underlying
zone district designation shall be used as a guide, but not an absolute limitation, to the
dimensions which may be considered during the development review process. Any dimensional
variations allowed shall be specified in the ordinance granting Project Approval. In the review
of a development application for a Project Review, the Planning and Zoning Commission and
City Council shall consider the following:
A. Compliance with Adopted Regulatory Plans. The proposed development complies with
applicable adopted regulatory plans.
B. Development Suitability. The proposed Planned Development prohibits development on
land unsuitable for development because of natural or man-made hazards affecting the
property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil
creep, rock falls, rock slides, mining activity including mine waste deposit, avalanche or
snowslide areas, slopes in excess of 40%, and any other natural or man-made hazard or
condition that could harm the health, safety, or welfare of the community. Affected areas
may be accepted as suitable for. development if mitigation techniques are proposed in
compliance with Title 29 — Engineering Design Standards. Conceptual plans for mitigation
techniques may be accepted for this standard. The City Engineer may require specific
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i
designs, mitigation techniques, and implementation timelines be defined as part of the Detail
Review and documented within a Development Agreement.
C. Site Planning. The site plan is compatible with the context and visual character of the area.
In meeting this standard, the following criteria shall be used:
The site plan responds to the site's natural characteristics and physical constraints such as
steep slopes, vegetation, waterways, and any natural or man-made hazards and allows
development to blend in with or enhance said features.
2. The project preserves important geologic features, mature vegetation, and structures or
features of the site that have historic, cultural, visual, or ecological importance or
contribute to the identity of the town.
3. Buildings are oriented to public streets and are sited to reflect the neighborhood context.
Buildings and access ways are arranged to allow effective emergency, maintenance, and
service vehicle access.
D. Dimensions. All dimensions, including density, mass, and height shall be established during
the Project Review. A development application may request variations to any dimensional
requirement. In meeting this standard, consideration shall be given to the following criteria:
1. There exists a significant community goal to be achieved through such increases.
2. The proposed dimensions represent a character suitable for and indicative of the primary
uses of the project.
3. The project is compatible with or enhances the cohesiveness or distinctive identity of the
neighborhood and surrounding development patterns, including the scale and massing of
nearby historical or cultural resources.
4. The number of off-street parking spaces shall be established based on the probable
number of cars to be operated by those using the proposed development and the nature of
the proposed uses. The availability of public transit and other transportation facilities,
including those for pedestrian access and/or the commitment to utilize automobile
disincentive techniques in the proposed development, and the potential for joint use of
common parking may be considered when establishing a parking requirement.
5. The Project Review approval, at City Council's discretion, may include specific
allowances for dimensional changes between Project Review and Detail Review.
Changes shall be subject to the amendment procedures of Section 26.445.***
E. Design Standards. The design of the proposed development is compatible with the context
and visual character of the area. In meeting this standard, the following criteria shall be used:
1. The architectural massing of the project provides for visual interest. The massing should
be respectful of the community's past without attempting to mimic history.
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2. The design complies with applicable design standards, including those outlined in
Chapter 26.410, Residential Design Standards, Chapter 26.412, Commercial Design
Standards, and Chapter 26.415, Historic Preservation.
3.
4. The proposed materials are compatible with those called for in any applicable design
standards, as well as those typically seen in the immediate vicinity. Exterior materials are
finalized during Detail Review, but review boards may set forth certain expectations or
conditions related to architectural character and exterior materials during Project Review.
F. Pedestrian, bicycle & transit facilities. The development improves pedestrian, bicycle, and
transit facilities. These facilities and improvements shall be prioritized over vehicular
facilities and improvements. Any new vehicular access points minimize impacts on existing
pedestrian, bicycle and transit facilities. The City may require specific designs, mitigation
techniques, and implementation timelines be defined as part of the Detail Review and
documented within a Development Agreement.
G. Engineering Design Standards. There has been accurate identification of engineering
design and mitigation techniques necessary for development of the project to comply with
the applicable requirements of Municipal Code Title 29 — Engineering Design Standards and
the City of Aspen Urban Runoff Management Plan (URMP). The City Engineer may require
specific designs, mitigation techniques, and implementation timelines be defined as part of
the Detail Review and documented within a Development Agreement.
H. Public Infrastructure and Facilities. The proposed Planned Development shall upgrade
public infrastructure and facilities necessary to serve the project. Improvements shall be at
the sole costs of the developer. The City may require certain public infrastructure or facilities
be oversized in anticipation of future needs or development of adjacent parcels and shall
reimburse the developer proportionately for the additional improvement or establish a cost -
recovery agreement. The City Engineer may require specific designs, mitigation techniques,
and implementation timelines be defined as part of the Detail Review and documented within
a Development Agreement.
I. Access and circulation. The proposed development shall have perpetual unobstructed legal
and physical vehicular access to a public way. A proposed Planned Development shall not
eliminate physical or legal access from a public way to an adjacent property and shall not
restrict the ability for an adjacent property to develop. Any streets in the Planned
Development proposed or recommended to be retained under private ownership shall be
dedicated to public use to ensure adequate public and emergency access. Security/privacy
gates across access points and driveways are prohibited.
26.445.060. Use Variation Standards.
A development application may request variations in the allowed uses permitted in the zone
district. The burden shall rest upon an applicant to show the reasonableness of the request and its
conformity to the standards and procedures of this Chapter and this Title. The permitted and
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If
conditional uses allowed on the property according to its zoning shall be used as a guide, but not
an absolute limitation, to the land uses which may be considered during the review. Any use
variation allowed shall be specified in the ordinance granting Project Review approval. In the
review of a development application for a Project Review, the Planning and Zoning Commission
and City Council shall consider the following standards related to Use Variations:
A. The proposed use variation is compatible with the character of existing and planned land uses
in the project and surrounding area. In meeting this standard, consideration shall be given to
the existence of similar uses in the immediate vicinity, as well as how the proposed uses may
enhance the project or immediate vicinity.
B. The proposed use variation is effectively incorporated into the project's overall mix of uses.
In meeting this standard, consideration shall be given to how the. proposed uses within a
project will interact and support one another.
C. The location, size, design, and operating characteristics of the proposed use variation
minimizes adverse effects on the neighborhood and surrounding properties.
D. The proposed use variation complies with applicable adopted regulatory plans.
26.445.070. Detail Review Standards.
Detail Review shall be focused on the detailed evaluation of the specific aspects of the
development, including utility placement, and architectural materials. In the review of a
development application for Detail Review, the Planning and Zoning Commission shall consider
the following:
A. Compliance with Project Review Approval. The proposed development, including all
dimensions and uses, is consistent with the Project Review approval and adequately
addresses conditions on the approval and direction received during the Project Review.
B. Growth Management. The proposed development has received all required GMQS
allotments, or is concurrently seeking allotments.
C. Site Planning and Landscape Architecture. The site plan is compatible with the context
and visual character of the area. In meeting this standard, the following criteria shall be used:
The landscape plan exhibits a well -designed treatment of exterior spaces, preserves
existing significant vegetation, and provides an ample quantity and variety of ornamental
plant species suitable for the Aspen area climate. Vegetation removal, protection, and
restoration plans shall be acceptable to the Director of Parks and Open Space.
2. Buildings and site grading provide simple, at -grade entrances and minimize extensive
grade changes along building exteriors. The project meets or exceeds the requirements of
the Americans with Disabilities Act and applicable requirements for emergency,
maintenance, and service vehicle access. Adequate snow storage is accommodated.
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3. Energy efficiency or production features are integrated into the landscape in a manner
that enhances the site.
4. All site lighting is proposed so as to prevent direct glare or hazardous interference of any
kind to adjoining streets or lands. All exterior lighting shall comply with the City's
outdoor lighting standards.
5. Site drainage is accommodated for the proposed development in compliance with Title 29
— Engineering Design Standards and shall not negatively impact surrounding properties.
D. Design Standards and Architecture. The proposed architectural details emphasize quality
construction and design characteristics. In meeting this standard, the following criteria shall
be used:
1. The project architecture provides for visual interest and incorporates present-day details
and use of materials respectful of the community's past without attempting to mimic
history.
2. Exterior materials are of a high quality, durability, and comply with applicable design
standards, including those outlined in Chapter 26.410, Residential Design Standards,
Chapter 26.412, Commercial Design Standards, and Chapter 26.415, Historic
Preservation.
3. Building entrances are sited or designed to minimize icing and snow shedding effects.
4. Energy efficiency or production features are integrated into structures in a manner that
enhances the architecture.
5. All structure lighting is proposed so as to prevent direct glare or hazardous interference of
any kind to adjoining streets or lands. All exterior lighting shall comply with the City's
outdoor lighting standards.
F. Common Parks, Open Space, Recreation Areas, or Facilities. If the proposed
development includes common parks, open space, recreation areas, or common facilities, a
proportionate, undivided interest is deeded in perpetuity (not for a number of years) to each
lot or dwelling unit owner within the Planned Development. An adequate assurance through
a legal instrument for the permanent care and maintenance of open spaces, recreation areas
and shared facilities together with a deed restriction against future development is required.
G. Pedestrian, bicycle & transit facilities. The development improves pedestrian, bicycle, and
transit facilities. These facilities and improvements shall be prioritized over vehicular
facilities and improvements. Any new vehicular access points minimize impacts on existing
pedestrian, bicycle and transit facilities.
Any specific designs, mitigation techniques, and implementation timelines as required during
Project Review comply with the applicable requirements of the Project Review and as
otherwise required in the Land Use Code. These plans shall provide sufficient detail to
determine if the design or mitigation concept complies with the intent of the requirements
Ordinance 36, Series 2013
Planned Development Oct. 28
Page 13 of 26
If ?
and to determine any required cost estimating for surety requirements, but do not need to be
detailed construction documents.
H. Engineering Design Standards. There has been accurate identification of engineering
design and mitigation techniques necessary for development of the proposed subdivision to
comply with the applicable requirements of Municipal Code Title 29 — Engineering Design
Standards and the City of Aspen Urban Runoff Management Plan (URMP).
Any specific designs, mitigation techniques, and implementation timelines as required during
Project Review comply with the applicable requirements of Municipal Code Title 29 —
Engineering Design Standards and the City of Aspen Urban Runoff Management Plan
(URMP). These plans shall provide sufficient detail to determine if the design or mitigation
concept complies with the intent of the requirements and to determine any required cost
estimating for surety requirements, but do not need to be detailed construction documents.
I. Public Infrastructure and Facilities. The proposed Planned Development shall upgrade
public infrastructure and facilities necessary to serve the project. Improvements shall be at
the sole costs of the developer. The City may require certain public infrastructure or facilities
be oversized in anticipation of future needs or development of adjacent parcels and shall
reimburse the developer proportionately for the additional improvement or establish a cost -
recovery agreement.
Any specific designs, mitigation techniques, and implementation timelines as required during
Project Review comply with the applicable requirements of Municipal Code Title 29 —
Engineering Design Standards and the City of Aspen Urban Runoff Management Plan
(URMP). These plans shall provide sufficient detail to determine if the design or mitigation
concept complies with the intent of the requirements and to determine any required cost
estimating for surety requirements, but do not need to be detailed construction documents.
J. Phasing of development plan. If phasing of the development plan is proposed, each phase
shall be defined. Each phase shall be designed to function as a complete development and
shall not be reliant on subsequent phases. Phasing shall insulate, to the extent practical,
occupants of initial phases from the construction of later phases. All necessary or
proportionate improvements to public facilities, payment of impact fees and fees -in -lieu,
construction of any facilities to be used jointly by residents of the Planned Development,
construction of any required affordable housing, and any mitigation measures shall be
completed concurrent or prior to the respective impacts associated with the phase.
26.445.080. Application materials.
A. Project Review. The contents of a development application for a Project Approval Review
PUD shall include the following:
1. The general application information required in Common Development Review
Procedures set forth at Section 26.304.030.
2. A site improvement survey meeting the requirements of Title 29, Engineering Design
Standards.
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3. A description, and depiction as necessary, of the proposed development including a
statement of the objectives to be achieved by the Planned Development and a description
of the proposed land uses, densities, natural features, traffic and pedestrian circulation,
parking, open space areas, landscaping, and infrastructure improvements. Also see
Chapter 26.490 — Approval Documents.
6. An architectural character plan showing the use, massing, scale and orientation of the
proposed buildings, and outlining the suitability of a building for its purposes, legibility
of the building's use, the building's proposed massing, proportion, scale, orientation to
public spaces and other buildings, and other attributes which may significantly represent
the proposed development.
7. For Planned Development applications involving the addition of 10 or more residential
units, 20 or more lodging units, or 20,000 square feet or more of commercial space (or
any equivalent combination thereof), "ability -to -serve" letters from public and private
utility providers that will service the proposed project with potable water, natural gas,
electricity, sanitary sewer, storm sewer, road, and transit services stating they can service
the proposed subdivision. Ability -to -Serve letters shall be substantially in the following
format:
The [utility provider] has reviewed the proposed [planned development name and
date of application] and has adequate capacity to serve proposed development,
subject to compliance with the following adopted design standards [reference] and
subject to the following adopted tap fee or impact mitigation requirements
[reference].
8. A description, and depiction as needed, of the project's dimensional and use allowances
to be varied from the property's zoning allowances. All dimensional and use variation
requests shall be considered during Project Review.
9. A statement prepared by a Colorado registered Professional Engineer, and depiction or
mapping as necessary, regarding the presence of natural or man-made hazards affecting
the property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or
soil creep, rock falls, rock slides, mining activity including mine waste deposit, avalanche
or snowslide areas, slopes in excess of 40%, and any other natural or man-made hazard or
condition that could harm the health, safety, or welfare of the community. Areas with
topography in excess of 40% shall require a slope stability study performed by the
Colorado Geologic Survey. Also see Chapter 29 — Engineering Design Standards
regarding identification and mitigation of natural hazards.
10. A statement prepared by a Colorado registered Professional Engineer, and depiction or
mapping as necessary, describing the potential infrastructure upgrades, alignment, design,
and mitigation techniques that may be necessary for development of the site to be served
by public infrastructure, achieve compliance with Municipal Code Title 29 — Engineering
Design Standards, and achieve compliance with the City of Aspen Urban Runoff
Management Plan (URMP).
The information shall be of sufficient detail to determine the acceptable location(s) and
extent of development and to understand the necessary upgrades and the possible
alignments, designs, or mitigation techniques that may be required. Specific engineered
Ordinance 36, Series 2013
Planned Development Oct. 28
Page 15 of 26
1P t
solutions and design details do not need to be submitted for land use review. An
applicant may be required to submit specific design solutions prior to or in conjunction
with recordation of a development agreement, pursuant to Chapter 26.490 — Approval
Documents.
11. A written response to each of the review criteria contained in Sections 26.445.050,
26.445.060.
B. Detail Review. The contents of the development application for a Detail Review shall
include the following:
1. The general application information required in Common Procedures, Chapter 26.304.
2. A site improvement survey meeting the requirements of Title 29, Engineering Design
Standards.
3. Description, and depiction as necessary, of how the project complies with the approved
Project Review, including requested plans, reports, or other documentation.
4. Proposed Planned Development plans and Development Agreement containing the
applicable information required by Chapter 26.490, Development Documents.
5.A grading and drainage plan showing all grading and how drainage and stormwater is
accommodated, and that meets the Conceptual Drainage Plan and Report requirements in
the Urban Runoff Management Plan (URMP).
6. Description, and depiction as necessary, for specific Pedestrian, bicycle, and transit
facility designs, mitigation techniques, and implementation timelines as required during
Project Review. These plans shall provide sufficient detail to determine if the design or
mitigation concept complies with the intent of the requirements, but do not need to be
detailed construction documents.
7. Description, and depiction as necessary, for specific engineering designs, hazard
mitigation techniques, and implementation timelines as required during Project Review.
These plans shall provide sufficient detail to determine if the design or mitigation concept
complies with the applicable requirements of Municipal Code Title 29 — Engineering
Design Standards and the City of Aspen Urban Runoff Management Plan (URMP), but
do not need to be detailed construction documents.
8. Description, and depiction as necessary, for specific Public Infrastructure and Facility
designs, mitigation techniques, and implementation timelines as required during Project
Review. These plans shall provide sufficient detail to determine if the design or
mitigation concept complies with the applicable requirements of Municipal Code Title 29
— Engineering Design Standards and the City of Aspen Urban Runoff Management Plan
(URMP), but do not need to be detailed construction documents.
9. A statement specifying the method of maintaining any proposed common areas on the
site, including but not limited to common parking areas, walkways, landscaped areas and
recreational facilities and what specific assurances will be made to ensure the continual
maintenance of said areas.
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Planned Development Oct. 28
Page 16 of 26
9. A description of any proposed project phasing detailing the specific improvements
proposed for each phase.
10. A written response to each of the review criteria contained in Section 26.445.070.
26.445.090. Documentation of Approvals.
A. General.
Unless otherwise specified in the ordinance granting Project Review approval, a Project Review
approval shall be documented by filing an approved plan set with the Community Development
Department, pursuant to Chapter 26.490 — Development Documents, within one hundred eighty
(180) days following the date of Project Review approval. The approved plan set may be
required to contain various plans, diagrams, or narrative to document unique characteristics of
the approval. Failure to submit an approved plan set within the time period shall render null and
void the Project Review approval.
The approval of a Project Review and the approval of a Detail Review together constitute a Final
Planned Development Approval. Unless otherwise specified in the Resolution granting Detail
Review approval, a Final Planned Development approval shall be documented by filing an
approved plan set and all required plats and Development Agreements with the Community
Development Department, pursuant to Chapter 26.490 — Development Documents, within one
hundred eighty (180) days following the date of Detail Review approval. The approved plan set
may be required to contain various plans, diagrams, or narrative to document unique
characteristics of the approval. Failure to submit an approved plan set within the time period
shall render null and void the Project Review and Detail Review approvals.
The Community Development Director may grant extensions of the time limitations set forth
herein if delay has been caused by the application requiring additional reviews or similar
circumstances that could not have been reasonably predicted by the applicant. A written request
for extension must be received no less than thirty (30) days prior to the expiration date. The
Community Development Director may forward the request the City Council and the Council
may, at its sole discretion and for good cause shown, grant an extension of the deadline.
26.445.100. Planned Development designation on Official Zone District Map.
Upon issuance of a Development Order for a site specific development plan for a Planned
Development, the Community Development Director shall amend the City's Official Zone
District Map to show a Planned Development designation. The designation of a Planned
Development shall not require a Rezoning under Chapter, 26.310, Amendments to the Land Use
Code and Official Zone District Map, as the act of approving Detail Review and issuance of a
Development Order authorizes the designation on the City's Official Zone District Map.
26.445.110. Amendments.
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Planned Development Oct. 28
Page 17 of 26
A. Insubstantial Amendments. An insubstantial amendment to an approved Project Review or
an approved Detail Review may be authorized by the Community Development Director. An
insubstantial amendment shall meet the following criteria:
1. The request does not change the use or character of the development.
2. The request is consistent with the conditions and representations in the project's original
approval, or otherwise represents an insubstantial change.
3. The request does not require granting a variation from the project's allowed use(s) and
does not request an increase in the allowed height or floor area.
4. Any proposed changes to the approved dimensional requirements are limited to a
technical nature, respond to a design parameter that could not have been foreseen during
the Project Review approval, are within dimensional tolerances stated in the Project
Review, or otherwise represents an insubstantial change.
5. An applicant may not apply for Detail Review if an amendment is pending.
B. Insubstantial Amendment to a Designated Area. An amendment to the boundaries of a
Planned Development designated area may be authorized by the Community Development
Director. An insubstantial amendment shall meet the following criteria:
1. The request does not change the use or character of the development.
2. The request is due to a surveying or technical error that could not have been foreseen
during the original approval, or otherwise represents an insubstantial change to the area
of designation.
3. A boundary adjustment plat, as may be required by Chapter 26.480 — Subdivision, has
been approved.
C. Documenting or Restating Existing Conditions. In the absence of a Final Development
Plan for a property designated Planned Development, or in instances where the existing
documentation is antiquated or does not adequately guide development, the Community
Development Director may authorize the documentation or restatement of existing conditions.
The amendment shall meet the following criteria:
1. The request does not change the use or character ot' the development.
2. The property was designated as a Planned Development, Planned Unit Development, or
Specially Planned Area by ordinance of the City.
3. No or limited documentation exists describing the allowances and limitations of the
Planned Development, and there exists a community interest in updating the
documentation for administrative clarity.
4. The request is limited to clarifying existing conditions and modernizing documentation
regarding the allowances and limitations of the project, which may include updating and
restating antiquated, project -specific zoning measurement methods to conform with
present-day methods for measuring dimensional allowances and limitations.
5. Any proposed changes to the approved dimensional allowances are limited to a surveying
or technical nature, enable structures to come into conformance with current zoning,
Ordinance 36, Series 2013
Planned Development Oct. 28
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f f
building, engineering, or fire code parameters, or otherwise represent an insubstantial
change.
E. Minor Amendment to a Project Review approval. An amendment found by the
Community Development Director to be generally consistent with the allowances and limitations
of a Project Review approval but which does not meet the established thresholds for an
insubstantial amendment, may be approved, approved with conditions or denied by the City
Council, pursuant to 26.445.030.b — Step Two. An applicant may not apply for Detail Review if
an amendment is pending.
F. Minor Amendment to a Detail Review approval. An amendment found by the
Community Development Director consistent with a Project review approval and to be generally
consistent with the allowances and limitations of a Detail Review approval but which does not
meet the established thresholds for an insubstantial amendment, may be approved, approved with
conditions or denied by the Planning and Zoning Commission, pursuant to 26.445.030.b — Step
Three.
G. Major Amendment. An amendment found by the Community Development Director to be
inconsistent with the Project Review approval and inconsistent with the Detail Review approval
shall be subject to full review, pursuant to 26.445.030 steps one, two, and three.
H. Amendment Conditions. During the review of a proposed amendment, the Community
Development Director, the Planning and Zoning Commission, and the City Council may require
such conditions of approval as are necessary to insure that the development will be compatible
with current community circumstances. Conditions may be applied to portions or aspects of the
project which are the subject of the amendment request or other portions or aspects of the
project. Conditions may include adherence any new community policies or regulations which
have been implemented since the original approval or that reflect changed or changing
community circumstances as they affect the project's entitled allowances and limitations
including all representations and commitments. The applicant may withdraw the proposed
amendment at any time during the review process.
I. Absence of approved final development plan. In the absence of an approved Final
Development Plan for a site designated Planned Development on the Official Zone District Map,
an accurate improvements survey of existing conditions may be substituted to permit evaluation
of whether the proposal is an insubstantial or other amendment. The Community Development
Director may require additional documentation of existing conditions including dimensions of
existing structures to make the determination.
J. Rescinding a Planned Development Designation. The removal of a Planned Development
designation from a parcel for cause may be approved by City Council at a duly noticed public
hearing. When no cause is shown, removal of a Planned Development designation shall follow
the process for a complete review, as outlined in Section 26.445.030.B.1 — Three Step Review,
but shall require demonstration of why the land no longer meets the standards of review.
26.445.120 Appeals.
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Planned Development Oct. 28
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0 10
An applicant aggrieved by a decision made by the Community Development Director regarding
administration of this Chapter may appeal the decision to the City Council, pursuant to Chapter
26.316.
An applicant aggrieved by a Planning and Zoning Commission Detail Review, may appeal the
decision to the City Council. In such circumstances, the Planning and Zoning Commission's
decision shall be considered a recommendation to City Council, and City Council shall review
the project for compliance with Section 26.445.050, Detail Review Standards, during a duly
noticed public hearing. The Council review process shall follow that outlined in Step Three of
Section 26.445.030(C), Steps required, and the decision shall be by City Council resolution.
Section 5: Sec. 26.470.110.A, Growth Management Review Procedures - General, shall be
amended as follows:
[No Changes to 1- 4]
5. Planned Development review. Projects requiring approval of a Project Review or Detail
Review, pursuant to Chapter 26.445, may be reviewed concurrently with review for
growth management, pursuant to Paragraph 26.304.060.B.1.
6. Conceptual Commercial Design Review. Commercial, lodging and mixed -use projects
requiring conceptual commercial design review approval, pursuant to Chapter 26.412,
may be reviewed concurrently with review for growth management, pursuant to
Paragraph 26.304.060.B.1.
[No Changes to 7 -10]
Section 6: Sec. 26.208.010.E-P, City Council - Powers and Duties, shall be amended as follows:
[No Changes to A - D]
E is deleted
All subsequent lettered subsections (F - P) shall be re -numbered to E - O.
F (re -numbered to E) is amended as follows: "To review and approve, approve with
conditions or disapprove a Planned Development Project Review and to hear and decide
appeals of a Planned Development Detail Review decision by the Planning and Zoning
Commission or the Historic Preservation Commission, pursuant to Chapter 26.445 - Planned
Development;"
Section 7: Sec. 26.210.020.B.16-24, Community Development Department - .Jurisdiction,
Authority and Duties, shall be amended as follows:
[No Changes to 1 - 15]
16 is deleted
All subsequent lettered subsections (17-24) shall be re -numbered to 16-23.
Ordinance 36, Series 2013
Planned Development Oct. 28
Page 20 of 26
0 1�
Section 8: Sec. 26.212.010.E-R, Planning and Zoning Commission — Powers and Duties, shall
be amended as follows:
[No Changes to A — D]
E is amended as follows: "To review and make recommendations of approval, approval with
conditions, or disapproval to the City Council on a Planned Development Project Review and
to approve, approve with conditions, or deny Planned Development Detail Review, pursuant
to Chapter 26.445 — Planned Development;"
F is deleted
All subsequent lettered subsections (G — R) shall be re -numbered to F — Q.
Section 9: Sec. 26.304.060.A, Review of a development application by decision -making bodies
— Review of procedures and standards, shall be amended to delete the reference to Specially
Planned Areas (SPA).
Section 10: Sec. 26.412.040.A, Commercial Design Review — Review procedure, Review
Process, shall be amended as follows:
26.412.040. Review procedure.
A. Review Process. Commercial design review is divided into a two-step process known as
conceptual design and final design. Pursuant to Section 26.304.020 of this Title, Pre -application
conference, applicants are encouraged, although not required, to meet with a City Planner of the
Community Development Department to clarify the requirements of this Section and to
determine if a project may be exempted from the provisions of this Section.
Consolidation of applications and combining of reviews. The procedures for commercial design
review include a two-step process requiring approval by a Commission of a conceptual design
and then a final design. If a development project involves additional City land use approvals, the
Community Development Director may consolidate or modify the review process accordingly,
pursuant to Subsection 26.304.060.13 of this Title.
If a proposed development, in the opinion of the Community Development Director and in
consultation with the applicant, does not require growth management review and is of limited
scope, the Director may authorize the application to bypass conceptual design review and be
reviewed only for final design. In this circumstance, the City Council shall be promptly notified
of the Director's decision and afforded the opportunity to call-up the decision pursuant to
Subsection 26.410.04O.13, Appeals, notice to City Council and call-up.
When the Historic Preservation Commission has purview over commercial design review, an
application for commercial design review shall be consolidated with the appropriate review
process as required by Section 26.415.070, Development Involving Designated Property. When
an application is considered consolidated and a conflict between this Chapter and Chapter
26.415, Development Involving the Aspen Inventory of Historic Landmark Sites and Structures
Ordinance 36, Series 2013
Planned Development Oct. 28
Page 21 of 26
or Development in an "H," Historic Overlay District, arises, the regulations of Chapter 26.415
shall supersede.
[No changes to subsections I — S]
Section 11: Sec. 26.304.040, Common Development Review Procedures — Initiation of
application for development order, shall be amended as follows:
26.304.040. Initiation of application for development order.
An application for a development order may only be initiated by (1) a person or persons owning
more than fifty percent (50%) of the property subject to the development application and
proposed development; (2) the City Council or the Planning and Zoning Commission for the
purpose of amending the text of this Chapter or the Official Zone District Map (Chapter 26.310)
or to designate a Planned Development (Chapter 26.445) and (3) the City Council, Planning and
Zoning Commission or Historic Preservation Commission for the purpose of designating an H,
Historic Overlay District or designating a property on the Aspen Inventory of Historic Landmark
Sites and Structures.
Section 12: Sec. 26.510.020, Signs — Applicability and scope. shall be amended as follows:
26.510.020 Applicability and scope
This Chapter shall apply to all signs of whatever nature and wherever located within the City
except for those signs permitted through an approved Planned Development.
Section 13: Sec. 26.590.030.C.4 — Exempt timesharing, Review standards for exemption, shall
be amended as follows:
The conversion of any multi -family dwelling unit that meets the definition of residential multi-
family housing to timesharing shall comply with the provisions of Section 26.470.070(5),
Demolition or redevelopment of multi -family housing, even when there is no demolition of the
existing multi -family dwelling unit.
Section 14: Sec. 26.590.040, Timeshare Development — Procedure for review of timeshare
lodge development application, shall be amended as follows:
26.590.040. Procedure for review of timeshare lodge development application
All timesharing that is not eligible for an exemption shall be processed as follows:
[No changes to section A]
B. Consolidated Planned Development Review. The Community Development Director may
determine that because a timeshare lodge development is a conversion of an existing building
or because of the limited extent of the issues involved in the proposal, the project can
proceed directly to a Detail Review. The Community Development Director is also
authorized to waive certain submission requirements or review standards of the Planned
Ordinance 36, Series 2013
Planned Development Oct. 28
Page 22 of 26
Development review procedures that are not applicable to a proposed timeshare
development.
C. Subdivision review. Timeshare lodge development shall also require subdivision approval.
Review of the subdivision application may be combined with Planned Development review, as
authorized by Subsection 26.304.O60.13, Combined reviews.
[No changes to sections D - E]
Section 15: Sec. 26.590.050, Timeshare Development — Contents of application, shall be
amended as follows:
26.590.050. Contents of application
In addition to the general application information required in Section 26.304.030, Application
and fees and those application contents for Planned Development and subdivision, the
application for timeshare lodge development shall include the following information. For
projects that require Full Planned Development review it is expected that this information will be
provided in a preliminary manner during the Project Review and in a precise manner during
Detail Review.
[No changes to sections A - H]
Section 16: Sec. 26.590.070, Timeshare Development — Review standards for timeshare lodge
development, shall be amended as follows:
26.590.070 Review standards for timeshare lodge development
An applicant for timeshare lodge development shall demonstrate compliance with each of the
following standards, as applicable to the proposed development. These standards are in addition
to those standards applicable to the review of the Planned Development and Subdivision
applications.
A. Fiscal impact analysis and mitigation. Any applicant proposing to convert an existing
lodge to a timeshare lodge development shall be required to demonstrate that the proposed
conversion will not have a negative tax consequence for the City. In order to demonstrate the tax
consequences of the proposed conversion, the applicant shall prepare a detailed fiscal impact
study as part of the Project Review application. The fiscal impact study shall contain at least the
following comparisons between the existing lodge operation and the proposed timeshare lodge
development:
[No changes to subsections 1-3]
B. Upgrading of existing projects. Any existing project that is proposed to be converted to a
timeshare lodge development shall be physically upgraded and modernized. The extent of the
upgrading that is to be accomplished shall be determined as part of the Project Review,
Ordinance 36, Series 2013
Planned Development Oct. 28
Page 23 of 26
considering the condition of the existing facilities, with the intent being to make the development
compatible in character with surrounding properties and to extend the useful life of the building.
To the extent that it would be practical and reasonable, existing structures shall be
brought into compliance with the City's adopted Fire, Health and Building Codes.
2. No sale of any interest in a timeshare lodge development shall be closed until a
Certificate of Occupancy has been issued for the upgrading.
[No changes to Section C]
D. Affordable housing requirements.
1. Whenever a timeshare lodge development is required to provide affordable housing,
mitigation for the development shall be calculated by applying the standards of the City's
housing designee for lodge uses. The affordable housing requirement shall be calculated
based on the maximum number of proposed lock out rooms in the development and shall
also take into account any retail, restaurant, conference or other functions proposed in the
lodge.
2. The conversion of any multi -family dwelling unit that meets the definition of residential
multi -family housing to timesharing shall comply with the provisions of Section
26.470.070(5), Demolition or redevelopment of multi -family housing, even when there is
no demolition of the existing multi -family dwelling unit.
[No changes to sections E - J]
Section 17: Sec. 26.590.090, Timeshare Development — Timeshare documents, shall be
amended as follows:
26.590.090. Timeshare documents
At the same time the applicant submits final development plans and a Development Agreement
to the City for recordation, pursuant to Section 26.490, Development Documents, or submits the
necessary documents to record the subdivision exemption, the applicant shall also submit the
following timeshare documents in a form suitable for recording. The Community Development
Director may require the applicant to submit a draft version of these timeshare documents at the
time of submission of the Project Review.
[No changes to sections A-B]
Section 18: Sec. 26.710.230, Zone Districts — Academic, shall be amended as follows:
A. Purpose. The purpose of the Academic (A) Zone District is to establish lands for education
and cultural activities with attendant research, housing and administrative facilities. All
development in the Academic Zone District shall be in compliance with a Final Planned
Development approval granted pursuant to the provisions of Chapter 26.445, Planned
Development.
Ordinance 36, Series 2013
Planned Development Oct. 28
Page 24 of 26
[No Changes to B — C]
D. Dimensional requirements. The dimensional requirements which shall apply to all
permitted and conditional uses in the Academic (A) Zone District shall be set by the adoption of
a Final Planned Development approval granted pursuant to the provisions of Chapter 26.445,
Planned Development.
Section 19: Sec. 26.710.240(D), Zone Districts — Park, shall be amended as follows:
D. Dimensional requirements. The dimensional requirements which shall apply to all
permitted and conditional uses in the Park (P) Zone District shall be set by the adoption of a
Final Planned Development approval granted pursuant to the provisions of Chapter 26.445,
Planned Development.
Section 20: Sec. 26.710.250(D), Zone Districts — Public, shall be amended as follows:
D. Dimensional requirements. The dimensional requirements which shall apply to all
permitted and conditional uses in the Public (PUB) Zone District shall be set by the adoption of a
Final Planned Development approval granted pursuant to the provisions of Chapter 26.445,
Planned Development.
Section 21: 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 22: Effect Upon Existing Proiects under Review.
This ordinance shall not affect any existing project under review. Projects under review submitted
prior to the adoption this ordinance and which have not received a Development Order shall
proceed under the ordinances in effect at the time of application submission. The procedures and
standards of this ordinance shall only apply to projects submitted after the effective date of this
ordinance and shall not be applied, in whole or in part, to projects submitted prior to the effective
date of this ordinance.
Section 23: 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 24: 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.
Ordinance 36, Series 2013
Planned Development Oct. 28
Page 25 of 26
•
Section 25:
A public hearing on this ordinance shall be held on the 23rd day of Septemner, 2013, 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 9th day of September, 2013.
Attest:
Kathryn S. Koch, City Clerk
Steven Skadron, Mayor
FINALLY, adopted, passed and approved this _ day of , 2013.
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
City Attorney
Steven Skadron, Mayor
Ordinance 36, Series 2013
Planned Development Oct. 28
Page 26 of 26
9 •
Rezoning or text amendment: Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall be
waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this /D day
of W414,l� , 20d, by ,Ll- ,5 ___ - SGv—t- )
PUBLIC NOTICE
RE: AMENDMENTS TO THE CITY OF ASPEN
LAND USE CODE
NOTICE IS HEREBY GIVEN that a public hearing
WITNESS MY HAND AND OFFICIAL SEAL
will be held on Monday, June 24. 2013, at a meet-
ing to begin at 5,00 p.m. before the Aspen City
Hall, 130 S. Gale-
Council, Council Chambers, City
na St., Aspen, to deterrnine it an amendment to the
text of the Land Use Cale should be pursued. The
My commission expires:
potential amendment would update and amend the
Unit Development (PUD), Specially
Planned
Planned Area (SPA) and Subdivision chapters of
Code. further information,
the Land Use For con-
tact Jessica Garrow at the City of Aspen Commu-
nity Development Department, 130 S. Galena St.,
Aspen, CO, (970) 429-2760,
Notary Public
jessica.ganow ® ci.aspen.co.us.
a/ Michael Ireland, Mayor
Aspen City Council
Published in the Aspen Times Weekly on June 6,
2013. )9239266)
ATTACHMENTS AS APPLICABLE:
* COPY OF THE PUBLICATION
* PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
* LIST OF THE OWNERS AND GOVERNMENT AGENGLES NOTIED
BY MAIL.
* APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PRO
Aspen, CO
SCHEDULED PUBLIC HEARI'�G DATE:
Co ao., 2013
STATE OF COLORADO )
ss.
County of Pitkin )
(name, please print)
being or rep esenting an Applicant to ib�iC ty of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E)�of the Aspen Land Use Code in the following manner:
(/ Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice.: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
and was continuously visible from the _ day of , 20_, to
and including the date and time of the public hearing. A photograph of the posted
notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governtnental agencies so noticed is attached hereto.
(Continued on next page)
0
Jessica Garrow
Subject: RE: Stealing the referendum process from the voters of Aspen
From: Adam Frisch
Sent: Monday, September 23, 2013 7:07 PM
To: Jessica Garrow; Chris Bendon
Subject: Fwd: Stealing the referendum process from the voters of Aspen
Apologies for not sending sooner. Should have caught you not copied.
adam b. frisch
council member
the city of aspen
130 s. galena street
aspen, co 81611-1975
p.970.925.5199
f. 970.920.5119
adam.frisch@cityofaspen.com
-------------------------
sent from my aspen taxpayer supported Wad
Begin forwarded message:
From: Bert Myrin <bert@myrin.com>
Date: September 23, 2013 at 2:35:11 PM MDT
To: "City Council (Council@cityofaspen.com)" <Council@cityofaspen.com>
Cc: "Aspen Daily News Editor (letters@aspendailynews.com)" <letters@aspendailynews.com>, "Aspen
Times Editor (mail@aspentimes.com)" <mail@aspentimes.com>
Subject: Stealing the referendum process from the voters of Aspen
Good Afternoon Steve, Ann, Art, Adam & Dwayne, Ordinance 36 as written would
remove the final checkpoint currently held by voters for land use reviews gone wrong at
final government approval. Disguised as "streamlining to benefit developers" these
changes, endorsed by developers, the city development department and elected
officials, effectively steal the referendum process from the voters of Aspen by setting the
referendum deadline 30 days after conceptual review rather than 30 days after final
review.
It's obvious why developers, the city development department and elected officials are
eager to grab this long held checkpoint of direct democracy after final approval from the
voters of Aspen. The problem with requiring the voters of Aspen to initiate a
referendum on land use reviews at conceptual is that conceptual is when we are relying
on representative democracy to do most of our decision making and it is only at final
that the voters of Aspen begin to see what has gone right 90+ percent of the time or
discover the few times when development is not aligned with our community. At
conceptual voters don't have sufficient data beyond the dimensions and uses to
understand the implications of what is being proposed.
Don't approve an ordinan9that would effectively steal the refe slum process from
the voters of Aspen by setting the referendum deadline 30 day after conceptual review
rather than Aspen's long standing 30 days after final review.
Bert Myrin 925-8645
e-mail: BertCa)Myrin.com
PO Box 12365
Aspen, Colorado 81612
(970) 925-8645
(815) 361-9123 Fax
Real Time PV production for 218 N. Monarch:
htt s://enliohten.enDhaseeneray.com/pv/public s stemsl3mvQ3548
0
E
Memo
To: Jessica Garrow and Chris Bendon
From: Alan Richman
Date: September 17, 2013
Re: Subdivision and PUD/SPA Ordinances
The purpose of this memo is to provide you with comments regarding
proposed Ordinances 36 and 37, Series of 2013. Overall, I find the
Ordinances to include many positive changes in terms of expediting the
process, clarifying language and simplifying terms. However, I have
several concerns that I would raise for your consideration, as follows:
PUD/SPA Ordinance
My primary concern with this Ordinance is the proposal to combine these
two review procedures. Combining the two procedures means that a
property designated PUD will have the flexibility not only to request
variations in dimensional and parking standards, which have traditionally
been available to such properties, but also to request variations in uses,
which historically have only been available to properties designated SPA.
I think giving all properties designated PUD the opportunity to vary uses
is a mistake, particularly when combined with the proposal to eliminate
the minimum size requirement for eligibility for a PUD.
If you look at the zoning map, you will see that while many properties
throughout the City have a PUD designation, only a handful of properties
have an SPA designation. The SPA designation was meant for a very
limited sub -set of properties which had great public importance and for
which the City could not predict the types of uses which would be
necessary to achieve that public purpose. The best known examples of
these properties are the Aspen Meadows, the Rio Grande and the Little
Nell base area. PUD's, on the other hand, can be found throughout Aspen
and are applied to residential, commercial and lodging properties. PUD's
0 Page 1
typically apply to private properties for which some flexibility is desirable
to achieve a better development outcome for the applicant and the public.
If the proposed Ordinance is adopted, it will open up the opportunity for
PUD applicants to propose uses that would not otherwise be allowed in
the zone district. The most obvious concern would be commercial uses
(restaurants, retail or offices) or lodge uses, being proposed in residential
neighborhoods. When you combine this with the elimination of the
minimum lot size for a PUD, this means that residents of Aspen's
neighborhoods could face an array of new uses being proposed anywhere
in their neighborhoods via the PUD process. I'm well aware of the move
in the planning profession towards mixed use development but I think
this is pushing Aspen too far in this direction, particularly in light of the
kinds of conflicts we've recently been seeing between residential and
commercial uses in the downtown area.
I understand staff's concern that the current SPA regulation does not
contain the thorough standards that the PUD section contains. That
problem could easily be fixed by drafting this Ordinance so that both PUD
and SPA are subject to the same set of review standards (26.445.040),
but the ability to obtain use variations remains limited solely to properties
designated SPA on the official zone district map.
Subdivision Ordinance
1. Section 26.480.050 C. addresses the standards for boundary line
adjustments, which are an administrative subdivision. Standard #2
makes a major change in policy from prior versions of the Land Use Code
by stating that "Changes in development rights for the individual lots may
occur". Current Code does not permit any increase in density or floor
area via a boundary line adjustment. I can think of several reasons why
this policy should not be changed.
First, while I was a member of the staff the City was involved in a lawsuit
because of a boundary line adjustment. As I recall the case, it involved 2
lots in a subdivision along Cemetery Lane, each of which was about
45,000 sq. ft. in size. The applicant received approval to adjust the
boundaries so one lot was about 60,000 sq. ft. in size and the other was
30,000 sq. ft. This allowed the applicant to then split the resulting
60,000 sq. ft. lot into two 30,000 sq. ft. lots, increasing the density in the
subdivision. At that time (1980's) the boundary line adjustment language
contained no prohibition on changes in resulting density. The neighbors
sued and if my recollection is correct were successful in over -turning the
0 Page 2
decision. The language prohibiting changes in density was adopted
shortly thereafter.
It seems to me that allowing a change in density is a rather significant
outcome to allow administratively, without a public hearing and without
consideration by the body that approved the original plat. In fact,
wouldn't a change in density be inconsistent with the original plat and
therefore be considered a major amendment under Section 26.480.09.D?
I think density changes should be considered to be a new or amended
subdivision plat and not be permitted via an administrative approval.
This will ensure neighbor input when a density change could result.
The policy would also allow a boundary line adjustment to increase the
allowable floor area between two lots. I don't see how this is of public
benefit. I think its primary benefit is for private speculation. Here's one
way this would be contrary to public purpose. Under today's Code, land
with a slope of 20-30% counts towards floor area at only 50% of the
normal ratio and land with a slope of 30%+ does not count towards floor
area ratio at all. However, the Code says that the maximum reduction of
floor area for any property is 25%. So if a particular property contains
enough land with slopes that it exceeds the 25% penalty, then some of
its land is not contributing towards its floor area at all. If it sits next to
another property that does not face this limitation, it could sell its steep
land to that property via a boundary line adjustment, creating a windfall.
I don't see why the City would want to promote this type of speculation.
2. Section 26.480.070 establishes the standards for review of major
subdivisions. Standard #4 prohibits development on land unsuitable for
development due to the presence of natural hazards. While this concept
is clearly quite reasonable, I find the terms used in this section to be
vague and un-defined. For example, this section does not define what
constitutes "flooding" (do you mean the 100 year floodplain?) "avalanche
hazard" (typically broken into red zones which are high hazard areas that
are unsuitable and blue zones which are moderate hazard areas and are
buildable with mitigation), "steep topography" (slopes greater than 30%
or 45%?) or any of the other hazard terms used. I think all of these
terms need precision if they are to be the basis to prohibit development.
The above represent my comments on these Ordinances. I hope these
are helpful to you as you move through the Ordinance adoption process.
Please call me if you would like to discuss any of these points and please
share these thoughts with City Council where appropriate.
0 Page 3
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADpRESS OF PROPERTY: p
C orn(3 . Ci-IinG� SUO�I spen, CO
SCHEDULED PUBLIC BEARING DATE:
O Yl A QUA e 2 20 l_Z�
STATE OF COLORADO )
) SS.
County of Pitkin )
i, 7 on ry, i i t I n" o A +i n (name, please print)
being or representing anApplicant to the City of Aspen, Colorado, hereby personally
certify that 1 have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
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.
Sigh:ati�re-'�`
The fo egoing "Affidavit of Notice" was aclmowledged before me this day
Of APAjn.Q 20 2�by '7-
WITNESS MY HAND AND OFFICIAL SEAL
My commission • /
1A
kw^ 4
Notary•
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
PUBLIC NOTICE
RE: AMENDMEN1�S To THE CITY ASPEN LAND USE CODE
NO110E IS HEREBY GIVEN that a public hearing
will be held on Monday, 0 September before the Aspen
meeting to begin at Chambers,
Hall, 130 S.
City Counc�1, o ^n'o Ccoh s der rame�ndments to Me
Galena St.. and Specially
text of the Land Use Code relant ted
combining the
planned Unit Developh pters, establishing a new
Planned Area (SPA) ment documents, updat-
chapter related to develop and associated
di
ing the Subvision Chapter
AMY
tact
Guthna t tit
he Cr Aspen CommunitynDevellep
Department, 130 �hde S. Galena St., Aspen, CO.
ment g29-2758, am�(9®cnyofaspen.com
(970).
$ked
Aspen C" Council
Published in the Aspen Times on September 5,
2013. J95118731
•
•
MEMORANDUM
TO: Mayor and City Council
FROM: Jessica Garrow, Long Range PlannerY�
THRU: Chris Bendon, Community Development Director �Wl
RE: Policy Resolution: PUD and SPA Code Amendments
Resolution L& Series of 2013
MEETING DATE: June 24, 2013
SUMMARY:
The attached Resolution outlines Council policy direction for code amendments related to the
Planned Unit Development (PUD) and Specially Planned Area (SPA) Chapters of the Land Use
Code. The objective of the proposed code amendments is to update the section to provide greater
predictability in the review process, and ensure the review criteria reflect current engineering,
architecture, and infrastructure standards.
If the Policy Resolution is approved, staff will bring an Ordinance to City Council that amends
the PUD and SPA code sections. This memo and resolution summarize the policy direction
received to date related to the PUD and SPA Chapters of the Land Use Code.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed resolution.
LAND USE REQUESTS AND REVIEW PROCEDURES:
This meeting is to review potential changes to the Planned Unit Development (PUD) and
Specially Planned Area (SPA) Chapters of the Land Use Code. 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:
Staff received direction from City Council in March to process a code amendment related to the
Planned Unit Development (PUD) and Specially Planned Area (SPA) portions of the land use
code. These chapters allow variations to the allowed uses (SPA) and dimensions (PUD) on a
project specific basis. They are similar processes, requiring an individual project to demonstrate
that a variation from uses or dimensions in the underlying zone district provides a benefit to the
community and results in a desirable development pattern. These sections have not been updated
in many years and an update to ensure the chapters reflect up to date standards is desirable.
6.24.2013 — PUD and SPA Policy Direction
Page 1 of 5
0 .0
CURRENT REGULATIONS: The current PUD regulations allow a property of 27,000 square feet
or more to apply for and be reviewed as a PUD. This lot size requirement may be waived if "the
development of the property may have the ability to further the adopted goals of the community"
and if the provisions of the PUD process "will best serve the interests of the community."
The current SPA regulations allow any property looking to vary the underlying allowed uses if
"because of its unique historic, natural, physical or locational characteristics, it would be of great
public benefit to the City for that land to be allowed design flexibility..." No lot size
requirement exists.
For both PUD and SPA, a four -step review process is currently in place: Conceptual Review by
P&Z and then City Council, and Final Review by P&Z and then City Council. P&Z is a
recommending body to City Council. The process can be consolidated to a two-step review
process (just Final Reviews) if the issues involved are minor or the full review would be
redundant.
An applicant can request an amendment to an approved PUD or SPA. For PUD and SPA, there
are Insubstantial Amendments, reviewed administratively, and Major Amendments, reviewed by
City Council. For PUDs, a third level amendment, Minor Amendments, are allowed which are
reviewed by P&Z. This "intermediate" level of amendment is not in place for SPAs.
STAFF COMMENTS: Staff believes many of the review standards should be updated to reflect
modern concerns related to engineering issues, environmentally sensitive areas, utilities, etc. In
addition, staff believes examining the landscaping and architectural character requirements to
ensure they are meeting today's needs could be beneficial.
One of the common criticisms from members of the community and applicants is the nature of
Conceptual and Final Reviews. Conceptual currently does not lock an applicant or the City into
anything, and effectively lengthens a review proves by one to two years, creating
unpredictability for everyone. Staff supports changing the review process to be clearer and more
predictable and has identified three (3) potential options for City Council to consider.
1. Amend the process so the Conceptual review is binding. The applicant would receive
an Ordinance from City Council at the end of Conceptual. All dimensions would be
established as part of the Ordinance. Final Review would be done by P&Z to ensure the
project meets the conditions and to finalize any outstanding issues, such as exact utility
locations or exact building materials. Alternatively, the Final Review could be completed
administratively if it is limited to ensuring compliance with all conditions of the Council
Conceptual approval. If an applicant wanted to amend any dimensional requirements
they would have to return to City Council for approval.
2. Amend the process so the Conceptual review is binding. The process would be the
same as outlined above, with the exception of varying dimensions. Under this option if
an applicant wanted to amend their height or floor area dimensions or their approved uses
they would have to return to City Council for approval. All other dimensional changes,
such as setbacks, could be approved by P&Z as part of the Final Review. This process is
6.24.2013 — PUD and SPA Policy Direction
Page 2 of 5
•
•
similar to the current Conceptual and Final Commercial Design Review process. This is
sta, ff's recommended option.
3. Amend the process to be only two (2) steps. Under this option "conceptual" review
would be a P&Z review and would be a recommendation to City Council. The "final"
review would be a Council level review, as it is today. The difference is this become a 2
step process rather than a 4 step process.
In addition, staff supports three (3) amendment levels for both PUD and SPA — "insubstantial
amendments" reviewed administratively (same as today), "minor amendments" reviewed by the
P&Z (exists today for PUD, would be new for SPA), and "major amendments" reviewed by City
Council (same as today).
Finally, because PUD and SPA are similar reviews, staff believes there is benefit to combining
these into one land use chapter and review process. SPA currently allows changes to both
dimensions and uses, while PUD allows changes to dimensions. Under a combined Chapter,
there would be separate review criteria for changes to allowed dimensions and changes to
allowed uses.
Staff believes the ability to vary dimensions and uses through the SPA and PUD processes is
important to retain in any code change. The intent of both processes is to address site specific
opportunities and constraints, and enable flexible and innovating planning solutions that support
community goals. These are discretionary reviews, so City Council already has the ability to
approve, amend, or deny any dimensional or use variation requests.
P&Z COMMENTS: Staff met with the P&Z in March to review potential changes to the PUD and
SPA chapters. Overall, the P&Z supported the idea that Conceptual PUD and SPA reviews
should have more meaning. Under the current system, Conceptual Review does not technically
lock a developer into a specific development program or massing — it only enables them to apply
for Final Review. There was some frustration that under the current system projects can change
dramatically between Conceptual and Final, which creates uncertainty for everyone involved in
the review process. The Commission felt that making certain aspects of the Conceptual reviews
binding, such as massing, height, building placement, lot locations, parking, and general use mix,
would mean the community, staff, and review bodies would not be "surprised" at Final. The
Commission felt that creating clearer Conceptual review criteria would assist in focusing on
these issues, and would be an improvement to the current process.
There were mixed opinions regarding how the review process for Final PUD and SPA should be
amended. Some members supported staff s idea that Conceptual Review be approved by City
Council Ordinance after considering a recommendation from P&Z, and then Final Review (to
work out final detail) be approved by P&Z. These members liked that this would lock a
developer, and the City, in to a specific building massing, use mix, etc at the Conceptual PUD
and SPA, then the Final review would only be focused on detail work, such as exactly where
utility lines are located, what final materials are used, etc.
6.24,2013 - PUD and SPA Policy Direction
Page 3 of 5
Some Commissioners felt that certain projects are so complex or large that the full four -step
review process that is used today should remain in place. The Commission suggested that
certain thresholds could be set to determine if a PUD or SPA goes through the current four -step
review with P&Z and Council review at both Conceptual and Final. This could be based on the
size of the project, or the amount it is deviating from the underlying zoning.
There were some concerns from the Commission that there is too much negotiation in the PUD
and SPA processes, and that streamlining the processes could exacerbate that. For this reason,
they felt strongly that PUDs and SPAS should rely more on underlying zoning than they do
today. There was some disagreement on exactly how that would work, but the Commission
strongly supported exploring ways to limit dimensional variations in the PUD and SPA
processes. In addition, the Commission expressed concerns that PUDs are permitted on lots of
less than 27,000 square feet, and would like to see some examination of limiting the ability for
smaller lots to request a PUD.
The P&Z supported staff s recommendation to create an "intermediate" SPA amendment review
with P&Z, which would mirror the current PUD process. The Commission agreed that all SPA
and PUD Amendments need clearer, more straightforward review criteria. One general criterion
the Commission supported as an addition to the general PUD and SPA review criteria was to
encourage site planning and the layout of roofs to encourage solar gain.
The Commission expressed concern that dramatically changing the PUD and SPA processes
could catch the community off -guard, and stressed the importance of communicating potential
code amendments to the community. The Commission also asked staff to examine if a change in
the PUD process would impact the referendum process for projects.
PUBLIC OUTREACH: Staff met with a group of private planners and architects prior to the
meeting with P&Z to get their feedback on the PUD and SPA processes and potential code
amendments. The group felt that the current four step SPA and PUD processes are unpredictable
and that applicants are often surprised during Final reviews when issues they thought were
resolved at Conceptual are brought up again during Final. The group strongly supported the idea
that Conceptual PUD and SPA reviews should be binding. They supported the process changing
to a three step process — a binding Conceptual approval by Council after considering a
recommendation from P&Z, and final review for details at the P&Z level (staff s recommended
option listed above). The Conceptual review would outline the allowed heights, massing, uses,
etc and lock an applicant into those elements. If the Conceptual Review is changed to be more
meaningful, the group stated the time period to apply for Final Review would need to be
increased beyond the year that is currently in the code. This would enable them to better work
out the final details. The group felt strongly that it is important the SPA and PUD process
continue to allow a development to vary from underlying uses and dimensions, as there are site
specific issues that generally result in the need to request a PUD or SPA. Finally, the group
stated the review criteria for PUD needs to be consolidated and updated.
STAFF RECOMMENDATION:
Staff recommends adoption of the attached Policy Resolution.
6,24.2013 — PUD and SPA Policy Direction
Page 4 of 5
•
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Resolution No. , Series of 2013, approving a Policy Resolution outlining
direction for code amendments related to the PUD and SPA Chapters in the Land Use Code."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A — Staff Findings
6.24.2013 — PUD and SPA Policy Direction
Page 5 of 5
RESOLUTION NO. _,
(SERIES OF 2013)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING
CODE AMENDMENTS TO THE PLANNED UNIT DEVELOPMENT (PUD) AND
SPECIALLY PLANNED AREA (SPA) CHAPTERS IN THE LAND USE CODE.
WHEREAS, pursuant to Section 26.310.020(A), the Community Development
Department received direction from City Council to explore code amendments related to
the PUD and SPA Chapters in the Land Use Code; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach with City Council regarding the code
amendment; and,
WHEREAS, the Community Development Director recommended changes to the
PUD and SPA Chapters in the Land Use Code; and,
WHEREAS, City Council has reviewed the proposed code amendment policy
direction, and finds it meets the criteria outlined in Section 26.310.040; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public
hearing on January 28, 2013, the City Council approved Resolution No. _, Series of 2013,
by a to (_ — _) vote, requesting code amendments to the PUD and SPA
Chapters in the Land Use Code; and,
WHEREAS, this Resolution does not amend the Land Use Code, but provides
direction to staff for amending the Land Use Code; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1: Code Amendment Obiective and Direction
The objective of the proposed code amendments is to update the PUD and SPA Chapters in
the Land Use Code to ensure a more predictable process. City Council provided the
following direction related to the code amendment:
Update and consolidate review standards where possible to eliminate redundancies
and provide greater clarity.
Establish three (3) levels of amendment process for PUD and SPA: Administrative,
P&Z only, City Council only.
Resolution No _, Series 2013
Pagel of 2
CJ
•
Amend PUD and SPA to a three (3) step process where Conceptual Review is
binding through a City Council Ordinance:
o Step 1: P&Z review of Conceptual, recommendation to City Council.
o Step 2: City Council review of Conceptual, approval by Ordinance that
establishes all dimensional and use requirements.
o Step 3: P&Z review of Final, approval of final details (ex: exact utility line
placement, building materials, etc) by Resolution. Any changes to height or
floor area dimensions or uses variations established in the Council
Conceptual Ordinance would require City Council review and approval.
Any other dimensional changes could be approved as part of P&Z's final
review.
• Combine PUD and SPA into one chapter.
Section 2•
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 3:
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 _th day of 2013.
Steve Skadron, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
James R True, City Attorney
Resolution No _, Series 2013
Page 2 of 2
Exhibit A: Staff Findings
26.310.040. Amendments to the Land Use Code standards of review — Initiation
In reviewing a request to pursue an amendment to the text of this Title, per Section
26.310.020(B)(2), Step Two — Public Hearing before City Council, the City Council shall
consider:
A. Whether there exists a community interest to pursue the amendment.
Staff Findings:
Staff believes there is a community interest in updating the code to create a clearer, more
predictable PUD and SPA process. In addition, the review criteria for both are redundant and
have not been updated in at least ten (10) years. Staff believes it is important to ensure the
review criteria are updated to reflect modern considerations related to environmentally sensitive
areas, engineering issues, as well as design and site planning. Staff finds this criterion to be met.
B. Whether the objectives of the proposed amendment furthers an adopted police,
community goal, or objective of the City including, but not limited to, those stated in
the Aspen Area Community Plan.
Staff Findings:
Earlier this year, City Council identified a number of work program priorities for Community
Development. Updating the PUD and SPA Chapters to the Land Use Code was one of those.
Council expressed interest in creating a more predictable process for these reviews, as is called
for in the 2012 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 amendment is to ensure a predictable and fair review of land use
applications. Staff finds this criterion to be met.
1.28.2013 — Employee Generation Policy Direction; Exhibit A
Page 1 of 1
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MEMORANDUM
TO: Mayor and City Council
FROM: Jessica Garrow, Long Range Planner in
THRU: Chris Bendon, Community Development Directo
RE: PUD and SPA Code Amendments
First Reading, Ordinance 36, Series of 2013
Second Reading is scheduled for September 23 and October 14
MEETING DATE: September 9, 2013
SUMMARY:
The attached Ordinance outlines code amendments related to the Planned Unit Development
(PUD) and Specially Planned Area (SPA) Chapters of the Land Use Code. The objective of
the proposed code amendments is to provide greater predictability in the review process, and
ensure the review criteria reflect current engineering, architecture, and infrastructure standards.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed Ordinance.
LAND USE REQUESTS AND REVIEW PROCEDURES:
This is the first reading of proposed code amendments to amend the Planned Unit Development
(PUD) and Specially Planned Area (SPA) Chapters of the Land Use Code. 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 third step in the process:
1. Public Outreach
2. Policy Resolution by City Council indicating if an amendment should the pursued
3. Public Hearings on an Ordinance outlining specific code amendments.
BACKGROUND & OVERVIEW:
Staff received direction from City Council in March to process a code amendment related to the
Planned Unit Development (PUD) and Specially Planned Area (SPA) portions of the land use
code. These chapters allow variations to the allowed uses (SPA) and dimensions (PUD) on a
project specific basis. They are very similar processes, requiring an individual project to
demonstrate that a variation from uses or dimensions in the underlying zone district provides a
benefit to the community and results in a desirable development pattern. These sections have not
been updated in many years and an update to ensure the chapters reflect up to date standards is
desirable. A copy of the City Council Policy Resolution outlining Council's goals for this code
amendment is attached as Exhibit D. Specifically, City Council asked staff to:
• Combine PUD and SPA into one chapter.
• Update and consolidate review standards where possible to eliminate redundancies and
provide greater clarity.
9.9.2013, PUD & SPA Code Amendment, First Reading
Page 1 of 5
• Establish three (3) levels of amendment process for PUD and SPA: Administrative, P&Z
only, City Council only.
• Amend PUD and SPA to a three (3) step process where Conceptual Review is binding
through a City Council Ordinance:
o Step 1: P&Z review of Conceptual, recommendation to City Council.
o Step 2: City Council review of Conceptual, approval by Ordinance that establishes
all dimensional and use requirements.
o Step 3: P&Z review of Final, approval of final details (ex: exact utility line
placement, building materials, etc) by Resolution. Any changes to height or floor
area dimensions or uses variations established in the Council Conceptual Ordinance
would require City Council review and approval. Any other dimensional changes
could be approved as part of P&Z's final review.
CURRENT REGULATIONS: The current PUD regulations allow a property of 27,000 square feet
or more to apply for and be reviewed as a PUD. This lot size requirement may be waived if "the
development of the property may have the ability to further the adopted goals of the community"
and if the provisions of the PUD process "will best serve the interests of the community."
Approximately one -quarter of all PUDs in Aspen are below the current size standard.
The current SPA regulations allow any property, regardless of size, to request to vary the
underlying allowed uses if "because of its unique historic, natural, physical or locational
characteristics, it would be of great public benefit to the City for that land to be allowed design
flexibility..."
For both PUD and SPA, a four -step review process is currently in place: Conceptual Review by
P&Z and then City Council, and Final Review by P&Z and then City Council. P&Z is a
recommending body to City Council. The process can be consolidated to a two-step review
process (just Final Reviews) if the issues involved are minor or the full review would be
redundant. The full four -step review process often takes upward of 3-4 years, while consolidated
reviews are about half that.
An applicant can request an amendment to an approved PUD or SPA. For PUD and SPA, there
are Insubstantial Amendments, reviewed administratively, and Major Amendments, reviewed by
City Council. For PUDs, a third level amendment, Minor Amendments, are allowed which are
reviewed by P&Z. This "intermediate" level of amendment is not currently in place for SPAs.
PROPOSED CHANGES: The proposed code amendment combines PUD and SPA into one chapter,
updates the review criteria, and streamlines the review process. A track changes version of the
code amendment is attached as Exhibit B and a clean version of the code amendment is attached
as Exhibit C. The key changes are highlighted below:
A. PUD and SPA are combined into one chapter, called Planned Unit Development (PUD).
Both uses and dimensions can be varied through the process. No minimum lot size is
included, meaning an applicant with a parcel or combination of parcels of any size can
request a PUD.
9.9.2013, PUD & SPA Code Amendment, First Reading
Page 2 of 5
B. The process is changed to a three -step process. Conceptual Review is by P&Z and City
Council and Final Review is completed by P&Z. This should simplify and reduce the time a
project is in the land use review process.
C. Conceptual Review is binding. City Council approves an Ordinance at Conceptual Review
and establishes the dimensions and uses for the project. This requires an applicant to provide
more detail up front than is required today.
D. Changes to land uses, height, or floor area between Conceptual Review and Final
Review require City Council approval. If an applicant proposes any changes to the uses,
height, or floor area established in the Conceptual Ordinance, the process becomes four -
steps, with Final being reviewed by both the Planning & Zoning Commission and City
Council. This is intended to improve the predictability from the public and City's standpoint
by ensuring the major detail of the project is presented, and locked in, at the beginning of the
review process.
E. Three (3) levels of amendments are established. Minor changes can be reviewed
administratively, moderate changes are reviewed by the Planning & Zoning Commission,
and major changes are reviewed by City Council. This is a change when it comes to SPA,
but is the same as is currently allowed in PUD.
F. All review criteria have been consolidated and updated. The review criteria are amended
to reflect that the intent of PUDs and SPAs is to allow flexibility to address unique site
constraints and opportunities, while encouraging design innovation. The criteria provide
guidance to review bodies on when deviations from underlying zoning may be appropriate,
while maintaining P&Z's and City Council's flexibility and discretion in their review. This
was raised as an important aspect of any code change by both groups.
STAFF COMMENTS: Staff recommends approval of the proposed code amendment. In.
combining PUD and SPA, staff believes the overall process to vary dimensions and uses will be
clearer and more straightforward, while eliminating some redundancy in the process. The intent
of both processes is to address site specific opportunities and constraints, and enable flexible and
innovative planning solutions that support community goals. Staff believes the ability to vary
both dimensions and uses through the SPA and PUD processes is important to retain in any code
change.
The most significant change is making Conceptual Review binding. Conceptual Review
currently does not lock an applicant or the City into anything - it only allows an applicant to
apply for Final Review. This effectively lengthens a review proves by one to two years, creating
unpredictability for everyone. City Council supported making Conceptual Review binding as
part of their Policy Resolution. This change helps restore fairness and predictability to the
process and will likely have the effect of significantly reducing the length of a review process.
Staff supports eliminating the minimum lot size requirements for PUDs. From staffs
perspective, this is a minor change because SPAs can already vary both uses and dimensions and
9.9.2013, PUD & SPA Code Amendment, First Reading
Page 3 of 5
are not subject to a minimum lot size requirement. Staff believes allowing City Council the
discretion to grant or deny a PUD of any size, as exists today for SPAs, is appropriate.
P&Z COMMENTS: Staff met with the P&Z in March and again in August to review potential
changes to the PUD and SPA chapters. Overall, the P&Z supported the idea that Conceptual
PUD and SPA reviews should have more meaning. There was some frustration that under the
current system projects can change dramatically between Conceptual and Final, which creates
uncertainty for everyone involved in the review process. The Commission felt that making
certain aspects of the Conceptual reviews binding, such as massing, height, building placement,
lot locations, parking, and general use mix, would mean the community, staff, and review bodies
would not be "surprised" at Final. Overall the Commission felt that if the Final Review is truly
limited to details that the process change could work.
There remain mixed opinions regarding the combination of PUD and SPA into one chapter.
Some members suggested only implementing the code change for certain projects rather than for
all PUDs and SPAs. Others felt that uses should not be allowed to be amended at all.
There were some concerns from the Commission that there is too much negotiation in the PUD
and SPA processes, and that streamlining the processes could exacerbate that. For this reason,
they felt strongly that PUDs and SPAs should rely more on underlying zoning than they do
today. There was some disagreement on exactly how that would work, but the Commission
strongly supported exploring ways to limit dimensional variations in the PUD and SPA
processes.
In addition, the Commission does not believe the minimum lot size requirement should be
eliminated. They felt that some size standard should be set to help protect a neighborhood from
development that is potentially out of scale or character with the area.
PUBLIC OUTREACH: Staff met with a group of private planners and architects prior to the
meeting with P&Z to get their feedback on the PUD and SPA processes and potential code
amendments. The group felt that the current four step SPA and PUD processes are unpredictable
and that applicants are often surprised during Final reviews when issues they thought were
resolved at Conceptual are brought up again during Final. The group strongly supported the idea
that Conceptual Review should be binding. They supported the process changing to three steps —
a binding Conceptual approval by Council after considering a recommendation from P&Z, and
final review for details at the P&Z level (staff s recommended option listed above). If the
Conceptual Review is changed to be more meaningful, the group stated the time period to apply
for Final Review would need to be increased beyond the one (1) year that is currently in the
code. This would enable them to better work out the final details. The group felt strongly that
the SPA and PUD process continue to allow a development to vary from underlying uses and
dimensions, as there are site specific issues that generally result in the need to request a PUD or
SPA. Finally, the group stated the review criteria for PUD needs to be consolidated and updated.
STAFF RECOMMENDATION:
Staff recommends adoption of the attached ordinance.
9.9.2013, PUD & SPA Code Amendment, First Reading
Page 4 of 5
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE,):
"I move to approve Ordinance No. 36, Series of 2013, approving code amendments related to the
PUD and SPA Chapters in the Land Use Code, on first reading."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A — Staff Findings
Exhibit B — Proposed Code Amendments, Track Changes
Exhibit C — Proposed Code Amendments, Clean Version
Exhibit D — City Council Policy Resolution
9.9.2013, PUD & SPA Code Amendment, First Reading
Page 5 of 5
ORDINANCE No. 36
(Series of 2013)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO
THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE
SECTIONS:
26.440, SPECIALLY PLANNED AREA;
26.445, PLANNED UNIT DEVELOPMENT;
26.104.100, DEFINITIONS — SPECIALLY PLANNED AREA;
26.208.010, CITY COUNCIL - POWERS AND DUTIES;
26.210.020.11, COMMUNITY DEVELOPMENT DEPARTMENT — JURISDICTION,
AUTHORITY AND DUTIES;
26.212.010, PLANNING AND ZONING COMMISSION — POWERS AND DUTIES;
26.304.040, COMMON DEVELOPMENT REVIEW PROCEDURES — INITIATION OF
APPLICATION FOR DEVELOPMENT ORDER;
26.304.060.A, REVIEW OF A DEVELOPMENT APPLICATION BY DECISION -
MAKING BODIES — REVIEW OF PROCEDURES AND STANDARDS;
26.412.040.A, COMMERCIAL DESIGN REVIEW — REVIEW PROCEDURE, REVIEW
PROCESS;
26.470.110.A, GROWTH MANAGEMENT REVIEW PROCEDURES — GENERAL;
26.510.020, SIGNS — APPLICABILITY AND SCOPE;
26.590, TIMESHARE DEVELOPMENT; AND
26.710.230, ZONE DISTRICTS — ACADEMIC.
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 PUD and SPA Chapters in the Land
Use Code; 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 regarding the code amendment; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing
on January 28, 2013, the City Council approved Resolution No.15, Series of 2013, by a five to zero
(5 — 0) vote, requesting code amendments to the employee generation figures in the Land Use Code;
and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing
on January 28, 2013, the City Council approved Resolution No. 66, Series of 2013, by a three to
zero (3 — 0) vote, requesting code amendments to the PUD and SPA Chapters in the Land Use
Code; and,
City Council Ord #36 of 2013
PUD and SPA Code Amendments
Page 1 of 22
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to the City of Aspen Land Use Code Sections 26.440, Specially Planned
Area; 26.445, Planned Unit Development; 26.104.100, Definitions — Specially Planned Area;
26.208.010, City Council - Powers and Duties; 26.210.020.13, Community Development
Department — Jurisdiction, Authority and Duties; 26.212.010, Planning and Zoning Commission
— Powers and Duties; 26.304.040, Common Development Review Procedures — Initiation of
application for development order; 26.304.060.A, Review of a development application by
decision -making bodies — Review of procedures and standards; 26.412.040.A, Commercial
Design Review — Review procedure, Review Process; 26.470.110.A, Growth Management
Review Procedures — General; 26.510.020, Signs — Applicability and scope; 26.590.030.C.4 —
Exempt timesharing, Review standards for exemption; 26.590.040, Timeshare Development —
Procedure for review of timeshare lodge development application; 26.590.050, Timeshare
Development — Contents of application; 26.590.070, Timeshare Development — Review
Standards for timeshare lodge development; 26.590.090, Timeshare Development — Timeshare
documents; and 26.710.230, Zone Districts — Academic; 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
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1: Chapter 26.440, Specially Planned Area, shall be deleted in its entirety. All lands
with a Specially Planned Area (SPA) Overlay are hereby rezoned to a Planned Unit
Development (PUD) Overlay and are subject to the terms of the PUD Chapter (26.445). Any
and all previous conditions of an SPA shall remain in effect.
Section 2: Sec.26.104.100, Definitions — Specially Planned Area shall be deleted in its entirety.
Section 3: Chapter 26.445, Planned Unit Development, shall be amended as follows:
Chapter 26.445
PLANNED UNIT DEVELOPMENT (PUD)
Sections:
Sec.26.445.010. Purpose.
Sec.26.445.020. Applicability.
Sec. 26.445.030. Procedures for review.
Sec. 26.445.040. Conceptual PUD Review Standards.
Sec. 26.445.050. Final PUD Review Standards.
Sec. 26.445.060. Application materials.
Sec. 26.445.070. Recording a final PUD development plan.
City Council Ord #36 of 2013
PUD and SPA Code Amendments
Page 2 of 22
Sec. 26.445.080. Placement of PUD designation on Official Zone District Map.
Sec. 26.445.090. Amendment of PUD development order.
26.445.010. Purpose.
The purpose of Planned Unit Development (PUD) designation is to encourage flexibility and
innovation in the development of land which:
A. Promotes the purposes, goals and objectives of any applicable adopted regulatory plans.
B. Achieves a more desirable development pattern, a higher quality design and site planning, a
greater variety in the type and character of development and a greater compatibility with existing
and future surrounding land uses than would be possible through the strict application of the
underlying zone district provisions.
C. Preserves natural and man-made site features of historic, cultural or scenic value.
D. Promotes more efficient use of land, public facilities and governmental services.
E. Incorporates an appropriate level of public input to the planning process to ensure sensitivity
to neighborhood and community goals and objectives.
F. Promotes safe and convenient transit, pedestrian, bicycle and vehicular access and circulation.
G. Allows the development of mixed land uses through the encouragement of innovative design
practices which permit variations from the standard zone district land uses and dimensional
requirements.
26.445.020. Applicability.
A PUD is permitted as an overlay in any zone district and on any land located within the City of
Aspen boundaries. All land with a PUD designation shall also be designated with an underlying
zone district designation most appropriate for that land.
Before any development shall occur on land designated Planned Unit Development (PUD) on the
official zone district map or before development can occur as a PUD, it shall receive final PUD
approval pursuant to the terms of this Chapter. However, in no event shall adoption of a final
development plan be required for the construction of a single detached- or duplex -residential
dwelling, in conformance with Section 26.445.030(F), Single -Family and Duplex Development.
26.445.030. Procedures for review.
A. General. Any development within a Planned Unit Development (PUD) or on land
designated with a PUD Overlay on the Official Zone District Map shall be reviewed pursuant to
the procedures and standards in this Chapter and the Common Development Review Procedures
set forth at Chapter 26.304. Any land previously designated with a Specially Planned Area
(SPA) Overlay shall be subject to the terms of this Chapter.
City Council Ord #36 of 2013
PUD and SPA Code Amendments
Page 3 of 22
B. Types of Review.
1. Full PUD Review (three -step review). All development proposed within a PUD, unless
eligible for a consolidated review, shall be subject to a Full PUD Review consisting of
the following three steps (See also Section 26.445.030(C), Steps Required). Public
hearings are required at each step.
a. Conceptual Review by the Planning and Zoning Commission.
b. Conceptual Review by City Council.
c. Final Review by the Planning and Zoning Commission.
2. Consolidated PUD Review (two-step review). An applicant may request and the
Community Development Director may determine that because of the limited extent of
the issues involved in a proposed PUD in relation to these review procedures and
standards or because of a significant community interest which the project would serve, it
is appropriate to consolidate Conceptual and Final PUD Development Plan review,
pursuant to this section and Section 26.304.060(B)(1), Combined Reviews. The
Community Development Director shall consider whether the full three -step review
would be redundant and serve no public purpose and inform the applicant during the pre -
application stage whether consolidation will be permitted.
A PUD application which is determined to be eligible for consolidation shall be subject to
a Consolidated PUD Review consisting of the following two steps (See also Section
26.445.030(C), Steps Required). Public hearings are required at each step.
a. Review by the Planning and Zoning Commission for compliance with both the
Conceptual and Final Review criteria outlined in sections 26.445.040 and 26.445.050.
b. Review by City Council for compliance with to both the Conceptual and Final Review
criteria outlined in sections 26.445.040 and 26.445.050. The City Council may, during
review, determine that the application should be subject to both conceptual and final plan
review, in which case consolidated review shall not occur.
3. Purpose of Conceptual PUD Review. Conceptual PUD Review focuses on the overall
concept and general parameters of a project, and establishes the allowed dimensions and
uses for a project. The intent is to establish the uses and mass and scale of the proposal,
as well as any deviations from zone district requirements. All dimensions shall be
established as part of the Conceptual PUD. Approval of a Conceptual PUD Development
Plan shall be binding.
4. Purpose of Final PUD Review. Final PUD Review focuses on refining a project design,
including establishing final architectural and material details as well as utility and other
infrastructure details. The intent is to perfect and finalize all technical aspects of the
project. The Conceptual PUD approval shall not be revisited as part of the Final PUD
Review, unless changes to the Conceptual PUD approval are proposed by the applicant.
City Council Ord #36 of 2013
PUD and SPA Code Amendments
Page 4 of 22
5. Concurrent associated reviews. An applicant may request and the Community
Development Director may determine that an application for development within a PUD
may be combined, during conceptual review, with a development application for other
land use reviews, including conditional use, special review, ESA review, subdivision
review, and growth management. All combined reviews shall be considered during
Conceptual Review, but are contingent upon the application receiving Final Review
approval. If a Consolidated PUD Review has been permitted, all associated reviews shall
be combined with the Consolidated PUD Review.
The Community Development Director shall consider whether the associated reviews
may be reviewed concurrently and inform the applicant during the pre -application stage
whether concurrent reviews will be permitted and if any redundant submission
requirements may be waived.
6. Concurrent Conceptual Commercial Design Review. An applicant may request and
the Community Development Director may determine that an application for
development within a PUD may be combined, during Conceptual PUD Review or
Consolidated PUD Review, with conceptual commercial design review.
Notwithstanding section 26.412.040.13, Commercial Design Review Procedure, Appeals,
notice to City Council and call-up, when Conceptual PUD Review is combined with
conceptual commercial design review, City Council's Conceptual PUD Review shall
constitute the required commercial design review call-up provisions and procedures, and
no other action otherwise outlined in section 26.412.040.13, Commercial Design Review
Procedure, Appeals, notice to City Council and call-up, shall be required.
7. Concurrent Historic Preservation Review. An applicant may request and the
Community Development Director may determine that an application for development
within a PUD on a property that is historically designated or located within a Historic
District may be combined, during Conceptual PUD Review or Consolidated PUD
Review, with any applicable Historic Preservation reviews outlined in Chapter 26.415,
Historic Preservation, pursuant to Section 26.304.060(B)(1), Combined Reviews. In such
circumstances, the PUD Review and any other concurrent associated reviews shall be
completed by the Historic Preservation Commission.
Notwithstanding sections 26.415.120.B-D, Historic Preservation, Appeals, notice to City
Council and call-up, when Conceptual PUD Review is combined with a Historic
Preservation review that is subject to said sections, City Council's Conceptual PUD
Review shall constitute the required call-up provisions and procedures, and no other
action otherwise outlined in sections 26.415.120.B-D, Historic Preservation, Appeals,
notice to City Council and call-up, shall be required.
8. Dimensional and use amendments between Conceptual and Final Reviews. Any
Final PUD application that proposes to increase the Height or Floor Area/FAR
dimensions or change the land uses established in the Conceptual PUD Council
City Council Ord #36 of 2013
PUD and SPA Code Amendments
Page 5 of 22
Ordinance shall require Council approval, and the Final PUD Development Plan shall be
subject to City Council and Planning and Zoning Commission review, pursuant to Steps
Three and Four, as outlined in Section 26.445.030(C), Steps required. In such
circumstances, the Planning and Zoning Commission shall be a recommending body on
the Final PUD Development Plan, and City Council shall have final review authority.
Minor deviations in other dimensional requirements established in the Conceptual PUD
Council approval Ordinance may be reviewed and approved by the Planning and Zoning
Commission during their Final PUD Review pursuant to Section 26.445.050, Final PUD
Review Standards. Deviations not meeting the standards set forth in Section
26.445.050(B), Minor Dimensional Changes, or changes to the land uses established in
the Conceptual PUD Council approval Ordinance, shall be subject to City Council and
Planning and Zoning Commission review, pursuant to Steps Three and Four, as outlined
in Section 26.445.030(C), Steps required.
C. Steps required: Unless consolidated in accordance with Section 26.445.030(B)(2),
Consolidated PUD Review, three (3) steps are required for the review and approval of an
application for development within a Planned Unit Development (PUD). Consolidated PUD
reviews require only steps one and two. If the proposal increases the Height or Floor Area/FAR
dimensions or changes the land uses established between the Conceptual PUD approval and the
Final Review application, then a fourth step shall be required. The steps are as follows:
1. Step One —Public Hearing before the Planning and Zoning Commission.
1. Purpose: To determine if the application meets standards for Conceptual PUD
Development Plan.
2. Process: The Community Development Director shall provide P&Z with a
recommendation to approve, approve with conditions, or deny the Conceptual
PUD Development Plan, based on the standards of review. The Planning and
Zoning Commission shall forward a recommendation of approval, approval with
conditions or disapproval of a Conceptual PUD Development Plan to City
Council after considering the recommendation of the Community Development
Director, and comments and testimony from the public at a duly noticed public
hearing.
3. Standards of review: Section 26.445.040 for review of Conceptual PUD
Development Plan.
4. Form of decision: The Planning and Zoning recommendation shall be by
resolution.
5. Notice requirements: Publication, mailing and posting (See Section
26.304.060.E.3.a, b and c)
2. Step Two —Public Hearing before City Council.
1. Purpose: To review recommendations of the Planning and Zoning Commission
and to determine if the application meets the standards for Conceptual PUD
Development Plan.
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2. Process: The Community Development Director shall provide City Council with
a recommendation to approve, approve with conditions, or deny the Conceptual
PUD Development Plan, based on the standards of review. City Council shall
approve, approve with conditions, or deny the application after considering the
recommendation of the Community Development Director, the recommendation
from the Planning and Zoning Commission, and comments and testimony from
the public at a duly noticed public hearing.
3. Standards of review: Section 26.445.040 for review of Conceptual PUD
Development Plan.
4. Form of decision: City Council action shall be by ordinance approving,
approving with conditions or denying Conceptual PUD Development Plan, or
Conceptual and Final PUD Development Plan if the application is consolidated.
5. Notice requirements: Requisite notice requirements for adoption of an ordinance
by City Council and publication, posting and mailing. (See Subparagraphs
26.304.060.E.3.a, b and c)
3. Step Three —Public Hearing before the Planning and Zoning Commission.
1. Purpose: To determine if the application meets the standards for Final PUD
Development Plan.
2. Process: The Community Development Director shall provide the Planning and
Zoning Commission with a recommendation to approve, approve with conditions,
or deny the Final PUD Development Plan, based on the standards of review. The
Planning and Zoning Commission shall approve, approve with conditions or
disapprove a Final PUD Development Plan after considering the recommendation
of the Community Development Director, and comments and testimony from the
public at a duly noticed public hearing.
3. Standards of review: Section 26.445.050 for review of Final PUD Development
Plan.
4. Form of decision: The Planning and Zoning decision shall be by resolution.
5. Notice requirements: Publication, posting and mailing. (See Subparagraphs
26.304.060.E.3.a, b and c.)
4. Step Four — Public Hearing before City Council, if applicable.
1. Purpose: To determine if the application meets the standards for Final PUD
Development Plan when amendments to the Height or Floor Area/FAR
dimensions or land uses established in the Conceptual PUD are proposed.
2. Process: The Community Development Director shall provide City Council with
a recommendation to approve, approve with conditions, or deny the Final PUD
Development Plan, based on the standards of review. City Council shall approve,
approve with conditions, or deny the application after considering the
recommendation of the Community Development Director, the recommendation
from the Planning and Zoning Commission, and comments and testimony from
the public at a duly noticed public hearing.
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3. Standards of review: Section 26.445.040 to review changes to approved Height
or Floor Area/FAR dimensions or land uses; and Section 26.445.050 for review of
Final PUD Development Plan.
4. Form of decision: The City Council decision shall be by ordinance.
5. Notice requirements: Publication, posting and mailing. (See Subparagraphs
26.304.060.E.3.a, b and c.)
D. Limitations. Unless otherwise specified in the Ordinance granting conceptual approval, a
development application for a Final PUD Development Plan shall be submitted within one (1)
year of the date of approval of a Conceptual Development Plan. Failure to file such an
application within this time period shall render null and void the approval of a conceptual
development plan. The Community Development Director may grant an extension of this
limitation if the delay has been caused by the application requiring additional reviews or similar
delays that could not have been reasonably predicted by the applicant. The City Council may, at
its sole discretion and for good cause shown, grant an extension of the deadline, provided a
written request for extension is received no less than thirty (30) days prior to the expiration date.
Development on any land within a Planned Unit Development may occur only after all land use
approvals are received, all requisite documents, agreements and plats have been filed and the
applicant has received all necessary permits as required by the Municipal Code and any other
county, state or federal authority with jurisdiction over the land.
E. Appeals. An applicant aggrieved by a Planning and Zoning Commission Final PUD
Development review, may appeal the decision to the City Council. In such circumstances, the
Planning and Zoning Commission's decision shall be considered a recommendation to City
Council, and City Council shall review the project for compliance with Section 26.445.050,
Final PUD Review Standards, during a duly noticed public hearing. The Council decision shall
be by Ordinance.
F. Single -Family and Duplex Development. In the absence of a final development plan, a
single detached or duplex residential dwelling, if listed as a permitted use in the underlying
zoning, may be developed in conformance with the provisions of the underlying Zone District.
This shall not exempt a development from complying with any other applicable Land Use Code
reviews.
26.445.040. Conceptual PUD Review Standards.
The review of the Conceptual PUD Development Plan shall be focused on the general concept
for the development, but shall outline any dimensional or use requirements that vary from those
allowed in the underlying zone district. The burden shall rest upon an applicant to show the
reasonableness of the development application and its conformity to the standards and
procedures of this Chapter and this Title. The underlying zone district designation shall be used
as a guide, but not an absolute limitation, to the uses and dimensions which may be considered
during the development review process. Any dimensional or use variations allowed shall be
specified in the Ordinance granting Conceptual PUD approval. In the review of a development
application for a Conceptual PUD Development Plan, the Planning and Zoning Commission and
City Council shall consider the following:
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A. General Requirements.
1. The proposed development complies with applicable adopted regulatory plans.
2. The proposed development is compatible with the mix of development in the immediate
vicinity of the parcel in terms of land uses, density, height, mass, and open space
B. Development Suitability. The parcel(s) proposed for development is generally suitable for
development, considering the slope, ground instability and the possibility of mudflow, rock
falls, avalanche dangers and flood hazards. The proposed development preserves important
geologic features, mature vegetation, and structures or features of the site that have historic
or cultural relevance and is sited to avoid any natural hazards.
C. Land Uses. A development application may request variations in the allowed uses permitted
in the underlying zone district. Any proposed uses deviating from those allowed in the
underlying zone district shall be compatible with the character of existing land uses in the
surrounding area. In meeting this standard, consideration shall be given to the existence of
similar uses in the immediate vicinity, as well as how the proposed uses will enhance the
project or immediate vicinity.
D. Site Planning. The site plan is compatible with the context and visual character of the area.
In meeting this standard, the following criteria shall be used:
The site plan preserves any significant natural or man-made features which are unique,
provide visual interest or a specific reference to the past, or contribute to the identity of
the town.
2. Structures are oriented to public streets and are sited to reflect the urban or rural context.
3. If the development includes common park, open space, or recreation areas, the proposed
amount, location and design of the common park, open space or recreation area enhances
the character of the proposed development, considering existing and proposed structures
and natural landscape features of the property.
E. Dimensions. All dimensions shall be established through the Conceptual Review. A
development application may request variations to any dimensional requirement. Any
proposed dimensions deviating from those allowed in the underlying zone district shall be
compatible with the site's natural characteristics, such as steep slopes, vegetation, waterways,
etc., and any natural or man-made hazards. In meeting this standard, consideration shall be
given to the dimensions in the immediate vicinity, topography of the site and surrounding
parcels, and the. extent to which the development enhances the cohesiveness or distinctive
identity of the neighborhood, and:
Density, Mass & Height. The maximum allowable density, massing (floor area) and
height may be increased if there exists a significant community goal to be achieved
through such increase and the development pattern is compatible with the surrounding
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development patterns and with the site's physical constraints. In meeting this standard,
consideration shall be given to:
a. The proposed dimensions represent a character suitable for and indicative of the
primary uses of the project and integrate into the neighborhood.
b. The proposed development respects the scale and massing of any nearby historical
and cultural resources.
c. The proposed development responds to the site's topography and other natural
features and either blends in with said features or enhances them.
2. Parking. The number of off-street parking spaces shall be established based on
the probable number of cars to be operated by those using the proposed development and
the nature of the proposed uses. The availability of public transit and other transportation
facilities, including those for pedestrian access and/or the commitment to utilize
automobile disincentive techniques in the proposed development, and the potential for
joint use of common parking may be considered when establishing a parking requirement.
F. Mass and Scale. The mass and scale of the proposed development is compatible with the
context and visual character of the area. In meeting this standard, the following criteria shall
be used:
1. The design complies with applicable design standards, including those outlined in
Chapter 26.410, Residential Design Standards, Chapter 26.412, Commercial Design
Standards, and Chapter 26.415, Historic Preservation.
2. The proposed materials are compatible with those called for in any applicable design
standards, as well as those typically seen in the immediate vicinity. Materials are
finalized as part of the Final PUD review, but review boards may include conditions
related to architectural character and materials as part of the Conceptual PUD Review.
G. Pedestrian, bicycle & transit facilities, access and circulation. The development provides
adequate pedestrian, bicycle, and transit facilities. These facilities and improvements shall
be prioritized over vehicular facilities and improvements. Any new vehicular access points
minimize impacts on pedestrian, bicycle and transit facilities. Access and circulation
accommodate emergency vehicles and meet all applicable road engineering standards.
Security/privacy gates across access points and driveways are prohibited. Adequate
pedestrian and handicapped access is provided to the site and to individual buildings.
14. Public Infrastructure and Facilities. At the sole costs of the developer, the proposed PUD
shall upgrade public infrastructure and facilities necessary to serve the PUD. The City may
require certain public infrastructure or facilities to be oversized in anticipation of future
needs or the development of adjacent parcels and shall reimburse the developer
proportionately for the additional improvement. Any adverse impacts on public
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0' 0
infrastructure by the development shill be mitigated by the necessary improvements at the
sole cost of the developer.
I. Access and circulation. The proposed development shall have perpetual unobstructed legal
and physical vehicular access to a public way. A proposed PUD shall not eliminate physical
or legal access from a public way to an adjacent property and shall not restrict the ability for
an adjacent property to develop. Any streets in the PUD which are proposed or recommended
to be retained under private ownership provide appropriate dedication to public use to ensure
appropriate public and emergency access. Buildings and access ways are arranged to allow
emergency and service vehicle access.
26.445.050. Final PUD Review Standards.
The review of the Final PUD Development Plan shall be focused on the detailed evaluation of
the specific aspects of the development, including utility placement, architectural materials, and
construction techniques. In the review of a development application for a Final PUD
Development Plan, the Planning and Zoning Commission shall consider the following:
A. Conceptual Approval. The proposed development is consistent with the Conceptual PUD
Development Plan. Any conditions of Conceptual approval are adequately addressed.
B. Minor Dimensional Changes. Minor deviations to dimensions (other than height and Floor
Area/FAR) approved during Conceptual Review are permitted if they are due to technical or
design considerations that could not have been foreseen during the Conceptual PUD Review,
or address direction received during Conceptual Review. In meeting this standard, the
following shall be considered:
1. The change is a result of survey errors.
2. City referral departments or other utilities have requested infrastructure related changes
that impact site planning or other aspects of the development.
The change is based on responses to conditions or direction received during Conceptual
PUD review.
4. The change is a result of other design considerations that could not have been foreseen
during the Conceptual Review.
C. Growth Management. The proposed development has received all required GMQS
allotments, or is concurrently seeking allotments.
D. Architecture. The proposed development emphasizes quality construction and design
characteristics, such as exterior materials, weathering, snow shedding and snow storage,
energy efficiency and the like. Materials are of high quality and shall comply with applicable
design standards. The design complies with applicable design standards, including those
outlined in Chapter 26.410, Residential Design Standards, Chapter 26.412, Commercial
Design Standards, and Chapter 26.415, Historic Preservation.
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E. Lighting. All lighting is proposed so as to prevent direct glare or hazardous interference of
any kind to adjoining streets or lands. All exterior lighting complies with the City's outdoor
lighting standards unless otherwise approved and noted in the final PUD documents.
F. Common Park, Open Space, or Recreation Areas. If the proposed development includes a
common park, open space or recreation area, a proportionate, undivided interest in all
common park and recreation areas is deeded in perpetuity (not for a number of years) to each
lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. An
adequate assurance through a legal instrument for the permanent care and maintenance of
open spaces, recreation areas and shared facilities together with a deed restriction against
future residential, commercial or industrial development is required.
G. Landscaping. The landscape plan exhibits a well -designed treatment of exterior spaces,
preserves existing significant vegetation as determined by the Parks Department and provides
an ample quantity and variety of ornamental plant species suitable for the Aspen area
climate. Existing vegetation or other landscape features proposed to remain in the
development are adequately protected. Site drainage is accommodated for the proposed
development in a practical and reasonable manner and shall not negatively impact
surrounding properties.
H. Improvements. The improvements set forth at Title ***, Engineering Design Standards,
shall be provided for the proposed PUD.
1. Public Infrastructure and Facilities. The location of all public facilities, including roads,
water service, sewer service, and the like needed to service the development has been
addressed.
J. Phasing of development plan. If phasing of the development plan is proposed, each phase
shall be defined in the adopted final PUD development plan. The phasing plan shall be
designed to function as a complete development and shall not be reliant on subsequent
phases. Phasing shall insulate, to the extent practical, occupants of initial phases from the
construction of later phases. All necessary or proportionate improvements to public
facilities, payment of impact fees and fees -in -lieu, construction of any facilities to be used
jointly by residents of the PUD, construction of any required affordable housing and any
mitigation measures shall be completed concurrent or prior to the respective impacts
associated with the phase.
26.445.060. Application materials.
A. Conceptual PUD. The contents of a development application for a conceptual development
plan shall include the following:
1. The general application information required in Common Procedures, Chapter 26.304.
2. A site improvement survey depicting:
a) Existing natural and man-made site features.
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0
b) Existing topography and categorization of site slopes.
c) All legal easements and restrictions.
A description of the proposed development including a statement of the objectives to be
achieved by the PUD and a description of the proposed land uses, densities, natural
features, traffic and pedestrian circulation, parking, open space areas, landscaping, and
infrastructure improvements.
4. A site plan of the proposed development illustrating building placement, natural features,
traffic and pedestrian circulation, parking, open space areas, landscaping, and
infrastructure improvements.
5. A statement outlining in conceptual terms how the proposed development will be served
with the appropriate public facilities and how assurances will be made so those public
facilities are available to serve the proposed development.
6. An architectural character plan showing the use, massing, scale and orientation of the
proposed buildings, and outlining the suitability of a building for its purposes, legibility
of the building's use, the building's proposed massing, proportion, scale, orientation to
public spaces and other buildings, use of materials and other attributes which may
significantly represent the proposed development.
7. A description of the dimensional requirements and land uses being established for the
proposed development. All dimensional requirements shall be established in the PUD.
8. A written response to each of the PUD review criteria contained in Section 25.445.040.
B. Final and consolidated PUD. The contents of the development application for a final, and
consolidated conceptual and final PUD shall include the following:
1. The general application information required in Common Procedures, Chapter 26.304.
2. A site improvement survey depicting:
a) Existing natural and man-made site features.
b) Existing topography and categorization of site slopes.
c) All legal easements and restrictions.
3. A description of the proposed development including a statement of the objectives to be
achieved by the PUD and a description of the proposed land uses, densities, natural
features, traffic and pedestrian circulation, parking, open space areas, infrastructure
improvements and site drainage.
4. A site plan of the proposed development illustrating building placement, natural features,
traffic and pedestrian circulation, parking, open space areas, landscaping, and
infrastructure improvements.
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5. A landscape plan depicting:
a) The type, location and size of all existing plant materials and other landscape
features.
b) The proposed method of protecting vegetation through construction.
c) The type and location of all proposed plant materials, other landscape features,
proposed treatment of ground surfaces and erosion control and a plant material
schedule with common and botanical names, sizes and quantities.
6. A grading and drainage plan showing all grading and how drainage and stormwater is
accommodated.
7. A statement specifying the public facilities that will be needed to accommodate the
proposed development and what specific assurances will be made to ensure the public
facilities will be available to accommodate the proposed development.
8. A statement specifying the method of maintaining any proposed common areas on the
site, including but not limited to common parking areas, walkways, landscaped areas and
recreational facilities and what specific assurances will be made to ensure the continual
maintenance of said areas.
9. A description of how the proposed dimensional requirements and land uses comply with
the Conceptual Review approval.
10. A description of any proposed project phasing detailing the specific improvements
proposed for each phase.
11. A written response to each of the PUD review criteria contained in Section 26.445.050.
12. A proposed plat which depicts the applicable information required by Subsection 26.490,
Development Documents.
13. Proposed PUD plans and a proposed PUD agreement.
26.445.070. Recording a final PUD development plan.
A. General.
Unless otherwise specified in the City Council ordinance granting final approval of a PUD
development plan, all necessary documents, as applicable, shall be recorded within one hundred
and eighty (180) days of the adoption date of the final PUD. Failure to file these documents
within this time period shall render null and void the approval of a final development plan. The
Community Development Director may extend the recordation deadline if the request is within
the vesting timeline and if there is a community interest for providing such an extension. The
Community Development Director may forward the extension request to City Council.
All documents shall meet the requirements outlined in Chapter 26.490, Development Documents.
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Development of the property shall be limited to the uses, density, configuration and all other
elements and conditions set forth on the final development plan and PUD agreement.
26.445.080. Placement of PUD designation on Official Zone District Map.
After approval of a final PUD development plan, the Community Development Director shall
amend the City's Official Zone District Map to show a Planned Unit Development (PUD)
designation. The process of establishing a new PUD shall not require a Rezoning Review under
Chapter, 26.310, Amendments to the Land Use Code and Official Zone District Map, as the act of
approving a Final PUD and issuance of a Development Order authorizes the designation on the
City's Official Zone District Map.
26.445.090. Amendment of PUD development order.
A. PUD Insubstantial Amendments. An insubstantial amendment to an approved
development order for a final PUD development plan may be authorized by the Community
Development Director. An insubstantial amendment shall meet the following criteria:
1. The proposal does not change the use or character of the development.
2. The proposal is consistent with all conditions or representations in the project's original
approval.
3. The proposal will not require granting a variation from the project's approved use(s).
4. Any proposed changes to the approved dimensional requirements are limited to a technical
nature, or respond to a design parameter that could not have been foreseen in during the
original approval.
The action by the Community Development Director shall be considered the final action, unless
the decision is appealed. An applicant may appeal an amendment determination made by the
Community Development Director, pursuant to Chapter 26.316, Appeals.
B. Minor Amendment. An amendment found to be consistent with or an enhancement of the
approved final development plan by the Community Development Director, but which does not
meet the established thresholds for an insubstantial amendment, may be approved, approved with
conditions or denied by the Planning and Zoning Commission, at a public hearing. The Planning
and Zoning Commission may consider any applicable review criteria outlined in sections
26.445.040 and 26.445.050 to determine if the amendment should be approved.
The action by the Planning and Zoning Commission shall be considered the final action, unless
the decision is appealed. An applicant may appeal an amendment determination made by the
Planning and Zoning Commission to the City Council. In this case, the determination made by
the Planning and Zoning Commission shall be considered a recommendation and the amendment
shall be subject to final development plan review and approval by the City Council at a public
heat ing.
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C. Major Amendment. An amendment found to be inconsistent with the approved final
development plan by the Community Development Director shall be subject to final
development plan review and approval by City Council at a public hearing. The amendment
shall be reviewed against both Conceptual and Final PUD Review Criteria, sections 26.445.040
and 26.445.050.
D. Conditions. During the review of a proposed amendment, the Planning and Zoning
Commission and City Council may require such conditions of approval as are necessary to insure
that the development will be compatible with current community circumstances. This shall
include, but not be limited to, portions of the development which have not obtained building
permits or are proposed to be amended, any new community policies or regulations which have
been implemented since the original approval or changed or changing community circumstances
as they affect the project's original representations and commitments.
The applicant may withdraw the proposed amendment at any time during the review process.
E. Absence of approved final development plan. In the absence of an approved final
development plan for a site designated PUD on the Official Zone District Map, an accurate
improvements survey of existing conditions may be substituted to permit evaluation of whether
the proposal is an insubstantial or other amendment.
F. Boundary Amendment. The boundaries of a parcel previously designated Planned Unit
Development (PUD) may be amended through Steps One and Two, as outlined in Section
26.445.030(C), Steps required.
G. Rescinding a PUD. The removal of a Planned Unit Development (PUD) designation from a
parcel for cause may be approved by City Council at a duly noticed public hearing. When no
cause is shown, removal of a PUD designation shall follow Steps One and Two, as outlined in
Section 26.445.030(C), Steps required, but shall require demonstration of why the land no longer
meets the standards of review.
Section 4: Sec. 26.470.110.A, Growth Management Review Procedures — General, shall be
amended as follows:
[No Changes to 1 — 4]
5. PUD review. Projects requiring approval of a Planned Unit Development Plan, pursuant
to Chapter 26.445, may be reviewed concurrently with review for growth management,
pursuant to Paragraph 26.304.060.13.1.
6. Conceptual Commercial Design Review. Commercial, lodging and mixed -use projects
requiring conceptual commercial design review approval, pursuant to Chapter 26.412,
may be reviewed concurrently with review for growth management, pursuant to
Paragraph 26.304.060.13.1.
[No Changes to 7 —10]
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Section 5: Sec. 26.710.230, Zone Districts — Academic, shall be amended as follows:
A. Purpose. The purpose of the Academic (A) Zone District is to establish lands for
education and cultural activities with attendant research, housing and administrative facilities.
All development in the Academic Zone District is to proceed according to a conceptual
development plan and final development plan approved pursuant to the provisions of Chapter
26.445, Planned Unit Development.
[No Changes to B — C]
D. Dimensional requirements. The dimensional requirements which shall apply to all
permitted and conditional uses in the Academic (A) Zone District shall be set by the adoption of
a conceptual development plan and final development plan, pursuant to Chapter 26.445, Planned
Unit Development.
Section 6: Sec. 26.208.010.E-P, City Council - Powers and Duties, shall be amended as follows:
[No Changes to A — D]
E is deleted
All subsequent lettered subsections (F — P) shall be re -numbered to E - O.
Section 7: Sec. 26.210.020.13.16-24, Community Development Department — Jurisdiction,
Authority and Duties, shall be amended as follows:
[No Changes to 1 - 1 S]
16 is deleted
All subsequent lettered subsections (17-24) shall be re -numbered to 16-23.
Section 8: Sec. 26.212.010.F-R, Planning and Zoning Commission — Powers and Duties, shall
be amended as follows:
[No Changes to A — E]
F is deleted
All subsequent lettered subsections (G — R) shall be re -numbered to F — Q.
Section 9: Sec. 26.304.060.A, Review of a development application by decision -making bodies
— Review of procedures and standards, shall be amended to delete the reference to Specially
Planned Areas (SPA).
Section 10: Sec. 26.412.040.A, Commercial Design Review — Review procedure, Review
Process, shall be amended as follows:
26.412.040. Review procedure.
A. Review Process. Commercial design review is divided into a two-step process known as
conceptual design and final design. Pursuant to Section 26.304.020 of this Title, Pre -application
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conference, applicants are encouraged, although not required, to meet with a City Planner of the
Community Development Department to clarify the requirements of this Section and to
determine if a project may be exempted from the provisions of this Section.
Consolidation of applications and combining of reviews. The procedures for commercial design
review include a two-step process requiring approval by a Commission of a conceptual design
and then a final design. If a development project involves additional City land use approvals, the
Community Development Director may consolidate or modify the review process accordingly,
pursuant to Subsection 26.304.060.13 of this Title.
If a proposed development, in the opinion of the Community Development Director and in
consultation with the applicant, does not require growth management review and is of limited
scope, the Director may authorize the application to bypass conceptual design review and be
reviewed only for final design. In this circumstance, the City Council shall be promptly notified
of the Director's decision and afforded the opportunity to call-up the decision pursuant to
Subsection 26.410.040.13, Appeals, notice to City Council and call-up.
When the Historic Preservation Commission has purview over commercial design review, an
application for commercial design review shall be consolidated with the appropriate review
process as required by Section 26.415.070, Development Involving Designated Property. When
an application is considered consolidated and a conflict between this Chapter and Chapter
26.415, Development Involving the Aspen Inventory of Historic Landmark Sites and Structures
or Development in an "H," Historic Overlay District, arises, the regulations of Chapter 26.415
shall supersede:
[No changes to subsections 1— 5]
Section 11: Sec. 26.304.040, Common Development Review Procedures — Initiation of
application for development order, shall be amended as follows:
26.304.040. Initiation of application for development order.
An application for a development order may only be initiated by (1) a person or persons owning
more than fifty percent (50%) of the property subject to the development application and
proposed development; (2) the City Council or the Planning and Zoning Commission for the
purpose of amending the text of this Chapter or the Official Zone District Map (Chapter 26.310)
or to designate a Planned Unit Development (PUD) (Chapter 26.445) and (3) the City Council,
Planning and Zoning Commission or Historic Preservation Commission for the purpose of
designating an H, Historic Overlay District or designating a property on the Aspen Inventory of
Historic Landmark Sites and Structures.
Section 12: Sec. 26.510.020, Signs — Applicability and scope, shall be amended as follows:
26.510.020 Applicability and scope
This Chapter shall apply to all signs of whatever nature and wherever located within the City
except for those signs permitted through a Planned Unit Development (PUD).
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Section 13: Sec. 26.590.030.C.4 — Exempt timesharing, Review standards for exemption, shall
be amended as follows:
The conversion of any multi -family dwelling unit that meets the definition of residential multi-
family housing to timesharing shall comply with the provisions of Section 26.470.070(5),
Demolition or redevelopment of multi -family housing, even when there is no demolition of the
existing multi -family dwelling unit.
Section 14: Sec. 26.590.040, Timeshare Development — Procedure for review of timeshare
lodge development application, shall be amended as follows:
26.590.040. Procedure for review of timeshare lodge development application
All timesharing that is not eligible for an exemption shall be processed as follows:
[No changes to section A]
B. Consolidated PUD Review. The Community Development Director may determine that
because a timeshare lodge development is a conversion of an existing building or because of
the limited extent of the issues involved in the proposal, the three step PUD review process
should be consolidated into a two-step review, pursuant to Subsection 26.445.030.B.2,
Consolidated PUD Review. The Community Development Director is also authorized to
waive those PUD submission requirements from Section 26.445.060 and review standards
from Sections 26.445.040 and 26.445.050 that the Director finds are not applicable to a
proposed timeshare development.
C. Subdivision review. Timeshare lodge development shall also require subdivision approval.
Review of the subdivision application may be combined with PUD review, as authorized by
Subsection 26.304.060.13, Combined reviews, and by Subsection 26.445.030.B.5, Concurrent
associated reviews.
[No changes to sections D - E]
Section 15: Sec. 26.590.050, Timeshare Development — Contents of application, shall be
amended as follows:
26.590.050. Contents of application
In addition to the general application information required in Section 26.304.030, Application
and fees and those application contents for PUD and subdivision, the application for timeshare
lodge development shall include the following information. For projects that require both
conceptual and final PUD review it is expected that this information will be provided in a
preliminary manner at the conceptual stage and in a detailed manner at the final stage.
[No changes to sections A - H]
City Council Ord #36 of 2013
PUD and SPA Code Amendments
Page 19 of 22
•
Section 16: Sec. 26.590.070, Timeshare Development — Review standards for timeshare lodge
development, shall be amended as follows:
26.590.070 Review standards for timeshare lodge development
An applicant for timeshare lodge development shall demonstrate compliance with each of the
following standards, as applicable to the proposed development. These standards are in addition
to those standards applicable to the review of the PUD and Subdivision applications.
A. Fiscal impact analysis and mitigation. Any applicant proposing to convert an existing
lodge to a timeshare lodge development shall be required to demonstrate that the proposed
conversion will not have a negative tax consequence for the City. In order to demonstrate the tax
consequences of the proposed conversion, the applicant shall prepare a detailed fiscal impact
study as part of the conceptual PUD application. The fiscal impact study shall contain at least
the following comparisons between the existing lodge operation and the proposed timeshare
lodge development:
[No changes to subsections 1-31
B. Upgrading of existing projects. Any existing project that is proposed to be converted to a
timeshare lodge development shall be physically upgraded and modernized. The extent of the
upgrading that is to be accomplished shall be determined as part of the Conceptual PUD review,
considering the condition of the existing facilities, with the intent being to make the development
compatible in character with surrounding properties and to extend the useful life of the building.
1. To the extent that it would be practical and reasonable, existing structures shall be
brought into compliance with the City's adopted Fire, Health and Building Codes.
2. No sale of any interest in a timeshare lodge development shall be closed until a
Certificate of Occupancy has been issued for the upgrading.
[No changes to Section C]
D. Affordable housing requirements.
Whenever a timeshare lodge development is required to provide affordable housing,
mitigation for the development shall be calculated by applying the standards of the City's
housing designee for lodge uses. The affordable housing requirement shall be calculated
based on the maximum number of proposed lock out rooms in the development and shall
also take into account any retail, restaurant, conference or other functions proposed in the
lodge.
2. The conversion of any multi -family dwelling unit that meets the definition of residential
multi -family housing to timesharing shall comply with the provisions of Section
26.470.070(5), Demolition or redevelopment of multi -family housing, even when there is
no demolition of the existing multi -family dwelling unit.
[No changes to sections E - J]
City Council Ord #36 of 2013
PUD and SPA Code Amendments
Page 20 of 22
0
Section 17: Sec. 26.590.090, Timeshare Development — Timeshare documents, shall be
amended as follows:
26.590.090. Timeshare documents
At the same time the applicant submits the PUD development plan and PUD agreement to the
City for recordation, pursuant to Section 26.490, Development Documents, or submits the
necessary documents to record the subdivision exemption, the applicant shall also submit the
following timeshare documents in a form suitable for recording. The Community Development
Director may require the applicant to submit a draft version of these timeshare documents at the
time of submission of the Conceptual PUD application.
[No changes to sections A-B]
Section 18: 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 19: 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 20: 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 21:
A public hearing on this ordinance shall be held on the _ day of , 2013, 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 day of , 2013.
Attest:
Kathryn S. Koch, City Clerk Steven Skadron, Mayor
FINALLY, adopted, passed and approved this _ day of , 2013.
City Council Ord #36 of 2013
PUD and SPA Code Amendments
Page 21 of 22
Attest:
Kathryn S. Koch, City Clerk Steven Skadron, Mayor
Approved as to form:
City Attorney
City Council Ord #36 of 2013
PUD and SPA Code Amendments
Page 22 of 22
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 updates code sections
that is already in place. 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:
Earlier this year, City Council identified a number of work program priorities for Community
Development. Updating the PUD and SPA Chapters to the Land Use Code was one of those.
Council expressed interest in creating a more predictable process for these reviews, as is called
for in the 2012 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 Findin,-s:
The intent of the proposed amendment is to ensure a predictable and fair review of land use
applications. Stan' finds this criterion to be met.
9.9.2013 PUD/SPA Code Amendment I" Reading; Exhibit A
Page 1 of 1
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Exhibit B — Proposed Code Amendments, Track Changes Version
Chapter 26.440, SPECIALLY PLANNED AREA (SPA), is deleted in its entirety.
Chapter 26.445, PLANNED UNIT DEVELOPMENT (PUD)
Sections:
Sec.26.445.010. Purpose.
Sec.26.445.020. Applicability.
Sec. 26.445.030. Procedures for review.
Sec. 26.445.040. General previsiensConcentual PUD Review Standards.
Sec.26.445.050. Final
PUD Review Standards.
Sec. 26.445.060. Application materials.
Sec. 26.445.070. Recording a final PUD development plan.
Sec. 26.445.0890. Placement of PUD designation on Official Zone District Map.
Sec. 26.445.4-090. Amendment of PUD development order.
26.445.010. Purpose.
The purpose of Planned Unit Development (PUD) designation is to encourage flexibility and
innovation in the development of land which:
A. Promotes the purposes, goals and objectives of any
applicable adopted regulatory plans.
B. Achieves a more desirable development pattern, a higher quality design and site planning, a
greater variety in the type and character of development and a greater compatibility with existing
and future surrounding land uses than would be possible through the strict application of the
underlying zone district provisions.
C. Preserves natural and man-made site features of historic, cultural or scenic value.
D. Promotes more efficient use of land, public facilities and governmental services.
E. Incorporates an appropriate level of public input to the planning process to ensure sensitivity
to neighborhood and community goals and objectives.
F. Promotes safe and convenient transit, pedestrian, bicycle and vehicular access and circulation.
G. Allows the development of mixed land uses through the encouragement of innovative design
practices which permit variations from the standard zone district land uses and dimensional
requirements.
26.445.020. Applicability.
Exhibit B - Page 1 of 39
A PUD is Dermitted as an overlav in anv zone district and on anv land located within the Citv of
Aspen boundaries. All land with a PUD designation shall also be designated with an underlying
zone district designation most appropriate for that land.
Before any development shall occur on land designated Planned Unit Development (PUD) on the
official zone district map or before development can occur as a PUD, it shall receive final PUD
approval pursuant to the terms of this Chapter. However, in no event shall adoption of a final
development plan be required for the construction of a single detached- or duplex -residential
dwellingon a epar-ate let, in conformance with the Genefal Pfe-Asions of this , Section
26.445.0340(F), Sin le -Family and Duplex Development —below. AN B
Exhibit B - Page 2 of 39
•
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A. General. Any development within a Planned Unit Development (PUD) or on land
designated with a PUD Overlay on the Official Zone District Map shall be reviewed pursuant to
the procedures and standards in this Chapter and the Common Development Review Procedures
set forth at Chapter 26.304. Any land previously designated with a Specially Planned Area
(SPA) Overlay shall be subject to the terms of this Chapter. ^ez n g ..pp1ieatiOn F F
designating a papeel of land with a PUD Over -lay shall be Feme-eive-d- eensider-ed e8fietifFent!)
with a de,�,elepfneat applieatien for- a final PUD develepment plan.
B. Types of Review.
1. Coneeptual and Final Full PUD Review (Fearthree-sStep rReview). All development
proposed within a PUD, unless eligible for a
consolidated review, shall be subject to a Full PUD Review consisting of the following
three steps (See also Section 26.445.030(C). Steps Reauired). Public hearings are
required at each st
A. reviewed fer- onceptual anal-RevieNv by the Planning' and Zonin,, Commission,
aFA
B. Conceptual Review by City Council, and then Feviewed fe
C. Einal app£efad-Review by the Planning and Zoning-Commission�ei�. This is
2. Consolidated PUD Review (two-step rr-eview). An applicant
may request and the Community Development Director may determine that because of
the limited extent of the issues involved in a proposed PUD in relation to these review
procedures and standards or because of a significant community interest which the
project would serve, it is appropriate to consolidate Coonceptual and F mal PUD
Ddevelopment Pplan review,, pursuant to this section and Section 26.304.060(B)(1),
Combined Reviews. The Community Development Director shall consider whether the
full €euFthree-step review would be redundant and serve no public purpose and inform
the applicant during the pre=application stage whether consolidation will be permitted.
A PUDa application which is determined to be eligible for consolidation shall be
subject to a Consolidated PUD Review consisting of the following two steps (See also
Section 26.445.030(C), Steps Required). Public hearings are required at each step_
A. Review by the Planning and Zoning Commission for compliance with both the
Conceptual and Final Review criteria outlined in sections 26.445.040 and 26.445.050.
B.
steps three and4ewReview by City Council for compliance with to both the Conceptual
and Final Review criteria outlined in sections 26.445.040 and 26.445.050. The ling
and Zoning Commission o *h City Council may, during review, determine that the
application should be subject to both conceptual and final plan review, in which case
consolidated review shall not occur.
Exhibit B - Page 3 of 39
4. Purpose of Conceptual PUD Review. Conceptual PUD Review focuses on the overall
concept and general parameters of a project, and establishes the allowed dimensions and
uses for a project. The intent is to establish the uses and mass and scale of the proposal,
as well as any deviations from zone district requirements. All dimensions shall be
established as part of the Conceptual PUD. Approval of a Conceptual PUD Development
Plan shall be binding.
4. Purpose of Final PUD Review. Final PUD Review focuses on refining a project design,
including establishing final architectural and material details as well as utility and other
infrastructure details. The intent is to perfect and finalize all technical aspects of the
project. The Conceptual PUD approval shall not be revisited as part of the Final PUD
Review, unless changes to the Conceptual PUD approval are proposed by the applicant.
5_Concurrent associated reviews. An applicant may request and the Community
Development Director may determine that an application for development within a PUD
may be combined, during €*al -conceptual review, with a development application for
other land use reviews, including conditional use, special review, ESA review,
subdivision review, and gGrowth mManagement. All
combined reviews shall be Consideration of a e dde text.
onsidered during
Ceonceptual Rreview, but are contingent upon the application receiving -se bjeet-te-#Final
feviev�Review approval. If a Consolidated PUD Review has been permitted, all
associated reviews shall be combined with the Consolidated PUD Review.
The Community Development Director shall consider whether the associated reviews
may be reviewed concurrently and inform the applicant during the pre=application stage
whether concurrent reviews will be permitted and if any redundant submission
requirements may be waived.
6. Concurrent Conceptual Commercial Design Review. An applicant may request and
the Community Development Director may determine that an application for
development within a PUD may be combined, during Conceptual PUD Review or
Consolidated PUD Review, with conceptual commercial desigg review.
Notwithstanding section 26.412.040.B. Commercial Design Review Procedure. Anneals
notice to City Council and call-up, when Conceptual PUD Review is combined with
conceptual commercial design review, City Council's Conceptual PUD Review shall
constitute the required commercial design review call -pp provisions and procedures, and
no other action otherwise outlined in section 26.412.040.B, Commercial Design Review
Procedure, Appeals, notice to City Council and call-tp, shall be required.
Exhibit B - Page 4 of 39
7. Concurrent Historic Preservation Review. An applicant may request and the
Community Development Director may determine that an application for development
within a PUD on a property that is historically designated or located within a Historic
District may be combined, during Conceptual PUD Review or Consolidated PUD
Review, with any applicable Historic Preservation reviews outlined in Chapter 26.415,
Historic Preservation, pursuant to Section 26.304.060(B)(1), Combined Reviews. In such
circumstances, the PUD Review and any other concurrent associated reviews shall be
completed by the Historic Preservation Commission.
Notwithstanding sections 26.415.120.B-D, Historic Preservation. Appeals, notice to City
Council and call-up, when Conceptual PUD Review is combined with a Historic
Preservation review that is subject to said sections, City Council's Conceptual PUD
Review shall constitute the required call-up provisions and procedures, and no other
action otherwise outlined in sections 26.415.120.B-D, Historic Preservation. Appeals,
notice to ON Council and call-up, shall be required.
8. Dimensional and use amendments between Conceptual and Final Reviews. Anv
Final PUD application that proposes to increase the Height or Floor Area/FAR
dimensions or change the land uses established in the Conceptual PUD Council
Ordinance shall require Council approval, and the Final PUD Development Plan shall be
subject to City Council and Planning and Zoning Commission review, pursuant to Steps
Three and Four, as outlined in Section 26.445.030(C), Steps required. In such
circumstances, the Planning and Zoning Commission shall be a recommending body on
the Final PUD Development Plan, and City Council shall have final review authority.
Minor deviations in other dimensional requirements established in the Conceptual PUD
Council approval Ordinance may be reviewed and approved by the Planning and Zoning
Commission during their Final PUD Review pursuant to Section 26.445.050, Final PUD
Review Standards. Deviations not meeting the standards set forth in Section
26.445.050(B), Minor Dimensional Changes, or changes to the land uses established in
the Conceptual PUD Council approval Ordinance, shall be subject to City Council and
Planning and Zoning Commission review, pursuant to Steps Three and Four, as outlined
in Section 26.445.030(C), Steps required.
C. Steps required: Unless consolidated in accordance with Section 26.445.030(B)(21
Consolidated PUD Review, three (3) steps are required for the review and approval of an
application for development within a Planned Unit Development PUD), T hef ^re c ,,. Aep
r-equir,ed for- the review of a PUD development plan. -consolidated and Miner-PUD reviews
require only stepsOwee and e}one and two. If the proposal increases the Height or Floor
Area/FAR dimensions or changes the land uses established between the Conceptual PUD
approval and the Final Review application, then a fourth step shall be required. The steps are as
follows:
1. Step One — Public Hearinz before the Planning and Zoning Commission.
Exhibit B - Page 5 of 39
1. Purpose: To determine if the application meets standards for Conceptual PUD
Development Plan.
2. Process: The Community Development Director shall provide P&Z with a
recommendation to approve, approve with conditions, or deny the Conceptual
PUD Development Plan, based on the standards of review. The Planning and
Zoninp- Commission shall forward a recommendation of approval, approval with
conditions or disapproval of a Conceptual PUD Development Plan to City
Council after considering the recommendation of the Community Development
Director, and comments and testimony from the public at a duly noticed public
hearing.
3. Standards of review: Section 26.445.040 for review of Conceptual PUD
Development Plan.
4. Form of decision: The Planning and Zoning recommendation shall be by
resolution.
5. Notice requirements: Publication, mailing and posting (See Section
26.304.060.E.3.a, b and c)
2. Step Two — Public Hearing before City Councib
1. Purpose: To review recommendations of the Planning and Zoning Commission
and to determine if the application meets the standards for Conceptual PUD
Development Plan.
2. Process: The Communitv Development Director shall provide Citv Council with
a recommendation to approve, approve with conditions, or deny the Conceptual
PUD Development Plan, based on the standards of review. City Council shall
gpprove, approve with conditions, or deny the application after considering the
recommendation of the Community Development Director, the recommendation
from the Planning and Zoning Commission, and comments and testimony from
the public at a duly noticed public hearing_
3. Standards of review: Section 26.445.040 for review of Conceptual PUD
Development Plan.
4. Form of decision: City Council action shall be by ordinance approving,
approving with conditions or denying Conceptual PUD Development Plan, or
Conceptual and Final PUD Development Plan if the application is consolidated.
5. Notice requirements:. Reguisite notice requirements for adoption of an ordinance
by City Council and publication, posting and mailing. (See Subparagraphs
26.304.060.E.3.a, b and c)
3. Step Three —Public Hearing before the Planning and Zoning Commission.
1. Purpose: To determine if the application meets the standards for Final PUD
Development Plan.
Exhibit B - Page 6 of 39
2. Process: The Communitv Development Director shall provide the Planning and
Zoning Commission with a recommendation to approve, approve with conditions,
or deny the Final PUD Development Plan, based on the standards of review. The
Planning and Zoning Commission shall approve, approve with conditions or
disapprove a Final PUD Development Plan after considering the recommendation
of the Community Development Director, and comments and testimony from the
public at a duly noticed public hearing
3. Standards of review: Section 26.445.050 for review of Final PUD Development
Plan.
4. Form ofdecision: The Planning and Zoning decision shall be by resolution.
5. Notice requirements: Publication, posting and mailing. (See Subparagraphs
26.304.060.E.3.a, b and c.)
4. Step Four — Public Hearing before City Council, if applicable.
1. Purpose: To determine if the application meets the standards for Final PUD
Development Plan when amendments to the Height or Floor Area/FAR
dimensions or land uses established in the Conceptual PUD are proposed.
2. Process: The Community Development Director shall provide City Council with
a recommendation to approve, approve with conditions, or deny the Final PUD
Development Plan, based on the standards of review. City Council shall approve,
approve with conditions, or deny the application after considering the
recommendation of the Community Development Director, the recommendation
from the Planning and Zoning Commission, and comments and testimony from
the public at a duly noticed public hearing.
3. Standards of review: Section 26.445.040 to review changes to approved Height
or Floor Area/FAR dimensions or land uses, and Section 26.445.050 for review of
Final PUD Development Plan.
4. Form ofdecision: The City Council decision shall be by ordinance.
5. Notice requirements: Publication, posting and mailing. See Subparagraphs
26.304.060.E.3.a, b and c.)
Exhibit B - Page 7 of 39
•
•
roccaccivzr. ,
appr-eve with
ui���i�Qs.: ��n�����u� vsss�ai����r�•ri
Mll
Exhibit B - Page 8 of 39
DD. Limitations. Appfeval ef a eeneeptual development plan shall not eenstitute final
eaneep�ual development plan shall only authefize an applieant to submit an applieatien fef
PUD appfeval.
Unless otherwise specified in the Resolution Ordinance granting conceptual approval, a
development application for a F mal PUD Ddevelopment Pplan shall be submitted within one (1)
year of the date of approval of a Ceonceptual Ddevelopment Pplan. Failure to file such an
application within this time period shall render null and void the approval of a conceptual
development plan. The Community Development Director may grant an extension of this
limitation if the delay has been caused by the application requiring additional reviews or similar
delays that could not have been reasonably predicted by the applicant. The City Council may, at
its sole discretion and for good cause shown, grant an extension of the deadline, provided a
written request for extension is received no less than thirty (30) days prior to the expiration date.
Development on any land within a Planned Unit Development may occur only after all land use
approvals are received, all requisite documents, agreements and plats have been filed and the
applicant has received all necessary permits as required by the Municipal Code and any other
county, state or federal authority with jurisdiction over the land.
E. Appeals. An applicant aggrieved by a Planning and Zoning Commission Final PUD
Development review, may appeal the decision to the City Council. In such circumstances, the
Planning and Zoning Commission's decision shall be considered a recommendation to City
Council, and City Council shall review the project for compliance with Section 26.445.050,
Final PUD Review Standards, during, a duly noticed public hearing. The Council decision shall
be by Ordinance.
Exhibit B - Page 9 of 39
F. Single -Family and Duplex Development. In the absence of a final development plan, a
sinfle detached or duplex residential dwelling, if listed as a permitted use in the underlying*
zoning, may be developed in conformance with the provisions of the underlying Zone District.
This shall not exempt a development from complying with any other applicable Land Use Code
reviews.
Exhibit B - Page 10 of 39
C. Dimensional requirements. The fellevving difnensienal requifeffients shall
be established vvith the adoption of a final PUD development plan. The uflder-!�iflg zone distriet
shall be used as a guide in determining the appfepr-iate difflension fer- eaeh pr-e-Asion. The- final
development plan shall elearly define all dimensional requirements for- eaeh lot within !he PUD.
in the absenee of a final development plan, a single detwhed or- duplex residential dwelling, i
listed as a pefmiaed use in the undedying zoning, may be develeped in eengmmanee with the
ef the underlying Zone Distr-iet.
Maximum allowable density.
4. Minimum lotwid41,
6. Minimum side yefd-.
9. Maximum height (ineluding view planes).
i 0. Maximum Minimum distapee between buildings en th
i i. Mi i !fit open spaee required fef the building
i S. Other- dimensions detefmined neeessafy to establish through the P!
p eeess.
26.445.04-50. Conceptual PUD Review Sstandards: eeneeptual, finfil,
m 0 n o r- MUD.
The review of the Conceptual PUD Development Plan shall be focused on the general concept
for the development, but shall outline any dimensional or use requirements that vary from those
allowed in the underling zone district. A development appheation for eeneeptual, final,
Exhibit B - Page 11 of 39
0
. The burden shall
rest upon an applicant to show the reasonableness of the development application and its
conformity to the standards and procedures of this Chapter and this Title. The underlying zone
district designation shall be used as a guide, but not an absolute limitation, to the uses and
dimensions which may be considered during the development review process. Any dimensional
or use variations allowed shall be specified in the Ordinance granting Conceptual PUD approval.
In the review of a development application for a Conceptual PUD Development Plan, the
Planning and Zoning Commission and City Council shall consider the following_
A. General Requirements.
1. The proposed development complies with applicable adopted regulatory plans.
2. The proposed development is compatible with the mix of development in the immediate
vicinity of the parcel in terms of land uses, density, height, mass, and open space
B. Development Suitabilitv. The parcel(s) proposed for development is P-enerally suitable for
development, considering the slope, ground instability and the possibility of mudflow, rock
falls, avalanche dangers and flood hazards. The proposed development preserves important
geologic features, mature vegetation, and structures or features of the site that have historic
or cultural relevance and is sited to avoid any natural hazards.
C. Land Uses. A development application may request variations in the allowed uses permitted
in the underlying zone district. Any proposed uses deviating from those allowed in the
underlying zone district shall be compatible with the character of existing land uses in the
surrounding area. In meeting this standard, consideration shall be given to the existence of
similar uses in the immediate vicinity, as well as how the proposed uses will enhance the
project or immediate vicinitL
D. Site Planning. The site plan is compatible with the context and visual character of the area.
In meeting this standard, the following criteria shall be used:
1. The site plan preserves any significant natural or man-made features which are unique,
provide visual interest or a specific reference to the past, or contribute to the identity of
the town.
2. Structures are oriented to public streets and are sited to reflect the urban or rural context.
3. If the development includes common park, open space, or recreation areas, the proposed
amount, location and design of the common park, open space or recreation area enhances
the character of the proposed development, consideringexisting x�g_and proposed structures
and natural landscape features of the property_
E. Dimensions. All dimensions shall be established through the Conceptual Review. A
development application may request variations to any dimensional requirement. AU
proposed dimensions deviating from those allowed in the underl ny_ng zone district shall be
compatible with the site's natural characteristics, such as steep slopes, vegetation, waterways,
Exhibit B - Page 12 of 39
etc., and anv natural or man-made hazards. In meeting this standard, consideration shall be
given to the dimensions in the immediate vicinitytopography, of the site and surrounding
parcels, and the extent to which the development enhances the cohesiveness or distinctive
identity of the neighborhood, and:
1. Density, Mass & Height. The maximum allowable density, massing (floor area) and
height may be increased if there exists a significant community goal to be achieved
through such increase and the development pattern is compatible with the surrounding
development patterns and with the site's physical constraints. In meeting this standard,
consideration shall be given to:
a. The proposed dimensions represent a character suitable for and indicative of the
primary uses of the project and integrate into the neighborhood.
b. The proposed development respects the scale and massing of nearby historical
and cultural resources.
c. The proposed development responds to the site's topography and other natural
features and either blends in with said features or enhances them.
2. Parking. The number of off-street parking spaces shall be established based on the
probable number of cars to be operated by those using the proposed development and the
nature of the proposed uses. The availability of public transit and other transportation
facilities, including those for pedestrian access and/or the commitment to utilize
automobile disincentive techniques in the proposed development, and the potential for
joint use of common parking may be considered when establishing�a parking requirement.
F. Mass and Scale. The mass and scale of the proposed development is compatible with the
context and visual character of the area. In meeting this standard, the following criteria shall
be used:
1. The design complies with applicable design standards, including those outlined in
Chapter 26.410, Residential Design Standards, Chapter 26.412, Commercial Design
Standards, and Chapter 26.415, Historic Preservation.
2. The proposed materials are compatible with those called for in any_applicable design
standards, as well as those typically seen in the immediate vicinity. Materials are
finalized as part of the Final PUD review, but review boards may include conditions
related to architectural character and materials as part of the Conceptual PUD Review.
G. Pedestrian, bicycle & transit facilities, access and circulation. The development provides
adequate pedestrian, bicycle, and transit facilities. These facilities and improvements shall
be prioritized over vehicular facilities and improvements. Any new vehicular access points
minimize impacts on pedestrian, bicycle and transit facilities. Access and circulation
accommodate emergency vehicles and meet all applicable road engineering standards.
Exhibit B - Page 13 of 39
Security/privacy gates across access points and driveways are prohibited. Adequate
pedestrian and handicapped access is provided to the site and to individual buildings.
H. Public Infrastructure and Facilities. At the sole costs of the developer, the proposed PUD
shall upgrade public infrastructure and facilities necessary to serve the PUD. The City may
require certain public infrastructure or facilities to be oversized in anticipation of future
needs or the development of adjacent parcels and shall reimburse the developer
proportionately for the additional improvement. Any adverse impacts on public
infrastructure by the development shall be mitigated by the necessary improvements at the
sole cost of the developer.
I. Access and circulation. The proposed development shall have perpetual unobstructed leggal
and physical vehicular access to a public way. A proposed PUD shall not eliminate physical
or legal access from a public way to an adjacent property and shall not restrict the ability for
an adjacent property to develop. Any streets in the PUD which are proposed or recommended
to be retained under private ownership provide appropriate dedication to public use to ensure
appropriate public and emergency access. Buildings and access ways are arranged to allow
emergency and service vehicle access.
Exhibit B - Page 14 of 39
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Exhibit B - Page 15 of 39
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Exhibit B - Page 16 of 39
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ensure the p blie's -health and safety. Thdevelopment shall eemply with th-e
Ping
. Buildings-anEEe35- ways --are -&ppiopa=rirrcr)-urraiigEcrcv--allow criicrscir8j=miascrrzEc
ohiel o
:7. For- nonfesidential land uses, spaees between buildings �tely designe
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1. The landseape plan exhibits a well designated tr-eatment of exter-ior- spaees, pfesef-ves
ifieant vegetation and pr-evides an ample quantity and variety of Ofnamental
plant S;ee�s suitable for- the Aspen area elimate.
Exhibit B - Page 17 of 39
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3. There is proposed an adequate assur-anee thfeugh a legal instmment fef the permanew
ear-e and maintenanene, Af open spaees, feer-eation areas and shared f6eilities together- wit
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Exhibit B - Page 18 of 39
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Exhibit B - Page 19 of 39
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26.445.050. Final PUD Review Standards.
The review of the Final PUD Development Plan shall be focused on the detailed evaluation of
the specific aspects of the development, including utilily placement, architectural materials, and
construction techniques. In the review of a development application for a Final PUD
Development Plan, the Planning and Zoning Commission shall consider the following:
A. Conceptual Approval. The proposed development is consistent with the Conceptual PUD
Development Plan. Any conditions of Conceptual approval are adequately addressed.
B. Minor Dimensional Changes. Minor deviations to dimensions (other than height and Floor
Area/FAR) approved during Conceptual Review are permitted if they are due to technical or
design considerations that could not have been foreseen during the Conceptual PUD Review,
or address direction received during Conceptual Review. In meeting this standard, the
following shall be considered:
1. The change is a result of survey errors.
2. City referral departments or other utilities have requested infrastructure related changes
that impact site planning or other aspects of the development.
The change is based on responses to conditions or direction received during Conceptual
PUD review.
4. The change is a result of other design considerations that could not have been foreseen
during the Conceptual Review.
C. Growth Management. The proposed development has received all required GMQS
allotments, or is concurrently seeking allotments.
D. Architecture. The proposed development emphasizes quality construction and design
characteristics, such as exterior materials, weathering, snow shedding and snow storage,
energy efficiency and the like. Materials are of high quality and shall comply with applicable
design standards. The design complies with applicable design standards, includingthose
hose
outlined in Chapter 26.410, Residential Design Standards, Chapter 26.412, Commercial
Design Standards, and Chapter 26.415, Historic Preservation.
E. Lighting. All lighting is proposed so as to prevent direct glare or hazardous interference of
any kind to adjoining streets or lands. All exterior lighting complies with the City's outdoor
lighting standards unless otherwise approved and noted in the final PUD documents.
F. Common Park. Open Space, or Recreation Areas. If the proposed development includes a
common park, open space or recreation area, a proportionate, undivided interest in all
common park and recreation areas is deeded in perpetuity (not for a number of ,years) to each
lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. An
adequate assurance through a legal instrument for the permanent care and maintenance of
Exhibit B - Page 20 of 39
open spaces, recreation areas and shared facilities together with a deed restriction against
future residential, commercial or industrial development is required.
G. Landscaping. The landscape plan exhibits a well -designed treatment of exterior spaces,
preserves existing significant vegetation as determined by the Parks Department and provides
an amble quantity and variety of ornamental plant species suitable for the Aspen area
climate. Existing vegetation or other landscape features proposed to remain in the
development are adequately protected. Site drainage is accommodated for the proposed
development in a practical and reasonable manner and shall not negatively impact
surrounding properties.
H. Improvements. The improvements set forth at Title ***, Engineering Design Standards,
shall be provided for the proposed PUD.
I. Public Infrastructure and Facilities. The location of all public facilities, includingroads,
_water service, sewer service, and the like needed to service the development has been
addressed.
J. Phasing of development plan. If phasing of the development plan is proposed, each phase
shall be defined in the adopted final PUD development plan. The Phasing plan shall be
designed to function as a complete development and shall not be reliant on subsequent
phases. Phasing shall insulate, to the extent practical, occupants of initial phases from the
construction of later phases. All necessary or proportionate improvements to public
facilities, payment of impact fees and fees -in -lieu, construction of any facilities to be used
Jointly by residents of the PUD, construction of any required affordable housing and any
mitigation measures shall be completed concurrent or prior to the respective impacts
associated with the phase.
26.445.060. Application materials.
A. Conceptual development-�PIM. The contents of a development application for a
conceptual development plan shall include the following:
1. The general application information required in Common Procedures, Chapter 26.304.
2. A site improvement survey depicting:
a) Existing natural and man-made site features.
b) Existing topography and categorization of site slopes fidling „.:,',", the thresh 7�
described in General Provisions, Section 26.445.040.
c) All legal easements and restrictions.
3. A wee description and site plan of the proposed development including a statement
of the objectives to be achieved by the PUD and a description of the proposed land uses,
densities, natural features, traffic and pedestrian circulation, of '� parking, open
space areas, landscaping and infrastructure improvements- and .
Exhibit B - Page 21 of 39
4. A site plan of the proposed development illustrating building placement, natural features,
traffic and pedestrian circulation, parking, open space areas, landscaping, and
infrastructure improvements.
5. A statement outlining in conceptual terms how the proposed development will be served
with the appropriate public facilities and how assurances will be made so those public
facilities are available to serve the proposed development.
64. An eexeeptual architectural character plan-Lhowing-generally4ndieeting the use, massing,
scale and orientation of the proposed buildings.., and outlining the suitability of a building
for its purposes, le ig bility of the building's use, the building's proposed massing,
proportion, scale, orientation to public spaces and other buildings, use of materials and
other attributes which may significantlyepresent the proposed development.
and proposed landseape f�atwes.
76. A description of the dimensional requirements and land uses
being eensidetedestablished for the proposed development. All dimensional
requirements shall be established in the PUD.
8-7. A written response to each of the PUD review criteria contained in Section 25.445.0460.
B. Final and ;consolidated PUD. The contents of the
development application for a final, and consolidated conceptual and final and mine
development �Ianl'UD shall include the following:
1. The general application information required in Common Procedures, Chapter 26.304.
2. A site improvement survey depicting:
a) Existing natural and man-made site features.
b) Existing topography and categorization of site slopes ki"ifig „,ithin the thi-e"h
dessr�ed in Gene-•alens, Section 26.445.040.
c) All legal easements and restrictions.
A detailed -description and site plan of the proposed development including a statement of
the objectives to be achieved by the PUD and a description of the proposed land uses,
densities, natural features, traffic and pedestrian circulation, eALstfeet-parking, open
space areas, infrastructure improvements and site drainage.
4. A site plan of the proposed development illustrating building placement, natural features,
traffic and pedestrian circulation, parking, open space areas, landscaping
infrastructure improvements.
legibility of the--building's-use, the -building's proposed --rnass1 -1 . pef4ien, Seale
Exhibit B - Page 22 of 39
E
5. A landscape plan depicting:
a) The type, location and size of all existing plant materials and other landscape
features.
b) The proposed method of protecting vegetation through construction.
c) The type and location of all proposed plant materials, other landscape features,
proposed treatment of ground surfaces and erosion control and a plant material
schedule with common and botanical names, sizes and quantities.
6. A grading_and drainage plan showing all grading, and how drainage and stor►nwater is
accommodated.
7_A statement specifying the public facilities that will be needed to accommodate the
proposed development and what specific assurances will be made to ensure the public
facilities will be available to accommodate the proposed development.
-78. A statement specifying the method of maintaining any proposed common areas on the
site, including but not limited to common parking areas, walkways, landscaped areas and
recreational facilities and what specific assurances will be made to ensure the continual
maintenance of said areas.
99. A description of how the proposed dimensional requirements and land uses requested-te
omRlly with the Conceptual (Review approval.
109. A description of any proposed project phasing detailing the specific improvements
proposed for each phase.
110. A written response to each of the PUD review criteria contained in Section
26.445.050.
124-. A proposed plat which depicts the applicable information required by Subsection
26. 90, Development Documents.
13-2. Proposed PUD plans and a proposed PUD agreement.
26.445.070. Recording a final PUD development plan.
A. General.
Unless otherwise specified in the City Council ordinance granting final approval of a PUD
development plan, all necessary documents, as applicable, shall be recorded within one hundred
and eighty (180) days of the adoption date of the final erdinaneePUD. Failure to file these
documents within this time period shall render null and void the approval of a final development
plan. The Community Development Director may extend the recordation deadline if the request
is within the vesting timeline and if there is a community interest for providing such an
extension. The Community Development Director may forward the extension request to the
Plannin, and Zoning ity Council.
Exhibit B - Page 23 of 39
All documents shall meet the requirements outlined in Chapter 26.490, Development
Doc•ttments.Reee..side fation of the final development plan and PUP agreement by the Dl.,.,«:.,,.
and Zoning Commission and City Couneil may be fequifed befefe its aeeeptanee and feeefding.
The final development plan, whieh shall eensist, as appheable, of final plats, dr-awifigs and
and assigns and shall eensfitute the development re0ations for- the pr-opei4y. Development of
the property shall be limited to the uses, density, configuration and all other elements and
conditions set forth on the final development plan and PUD agreement.
Exhibit B - Page 24 of 39
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The for- ne:,rwas -eeknow:eAged-o-''�ne-this day of
by . 6itj-^',erlF
Exhibit B - Page 25 of 39
26.445.0890. Placement of PUD designation on Official Zone District Map.
After approval of a final PUD development plan, the Community Development Director shall
amend the City's Official Zone District Map to show a Planned Unit Development (PUD)
designation. The process of establishing a new PUD shall not require a Rezoning Review under
Chapter, 26.310, Arnendnients to the Land Use Code and Official Zone District Map, as the act of
approving; a Final PUD and issuance of a Development Order authorizes the designation on the
City's Official Zone District Map.
26.445.400090. Amendment of PUD development order.
A. PUD In Amendments. An insubstantial amendment to an approved
development order for a final PUD development plan may be authorized by the Community
Development Director. The folio " g sh net be eensider-ed an insubstantial aendme^': An
insubstantial amendment shall meet the following criteria:
1. The proposal does not A -change in -the use or character of the development.
(3,0;) in the ever -all eever-age of stfuetur-es eft
development or- the demand feff pub -he faeilities.
S. A r-eduetion by greater- than one per-eent (19;) of the eg street padEing and leading spaee.
6. A feduet* d pavement widths or fights of way for- streets and easements.
the land.
eenifflervial buildings.
) in the appr-eved gross leasable floor- afea of
,;) in the appr-oved residential density of t
92. The proposal is consistent with all conditions or
representations of -in the project's original approval_
3. The proposal will not requires granting a variation from the project's approved
used
Exhibit B - Page 26 of 39
•
•
4. Any proposed changes to the approved dimensional requirements are limited to a
technical nature, or respond to a design parameter that could not have been foreseen in
during the original approval.
The action by the Community Development Director shall be considered the final action, unless
the decision is appealed. An applicant may ppeal an amendment determination made by the
Community Development Director, pursuant to Chapter 26.316, Appeals.
B. OtvtherMinor Ammendment. An amendment found to be consistent with or an enhancement
of the approved final development plan by the Community Development Director, but which
does not meet the established thresholds for an insubstantial amendment, may be approved,
approved with conditions or denied by the Planning and Zoning Commission, at a public hearing
. The Planning and Zoning Commission max
consider any applicable review criteria outlined in sections 26.445.040 and 26.445.050 to
determine if the amendment should be approved.
The action by the Planning and Zoning Commission shall be considered the final action, unless
the decision is appealed.
An applicant may appeal an amendment determination made by the Planning and Zoning
Commission to the City Council. In this case, the determination made by the Planning and
Zoning Commission shall be considered a recommendation and the amendment shall be subject
to final development plan review and approval by the City Council at a public hearing
C. Maior Amendment. An amendment found to be inconsistent with the approved final
development plan by the Community Development Director shall be subject to final
development plan review and approval by the Platming and Zening Gowiraissien an City
Council at a public hearing, The
amendment shall be reviewed ap-ainst both Conceptual and Final PUD Review Criteria, sections
26.445.040 and 26.445.050.
D. Conditions. During the review of 41w—"roposed amendment, the Planning and Zoning
Commission and City Council may require such conditions of approval as are necessary to insure
that the development will be compatible with current community circumstances. This shall
include, but not be limited to, portions of the development which have not obtained building
permits or are proposed to be amended, any new community policies or regulations which have
been implemented since the original approval or changed or changing community circumstances
as they affect the project's original representations and commitments.
The applicant may withdraw the proposed amendment at any time during the review process.
EC-. Absence of approved final development plan. In the absence of an approved final
development plan for a site designated PUD on the Official Zone District Map, an accurate
improvements survey of existing conditions may be substituted to permit evaluation of whether
the proposal is an insubstantial or other amendment.
Exhibit B - Page 27 of 39
F. Boundary Amendment. The boundaries of a parcel previously designated Planned Unit
Development (PUD) may be amended through teps One and Two, as outlined in Section
26.445.030(C), Steps required.
G. Rescinding a PUD. The removal of a Planned Unit Development (PUD) designation from a
parcel for cause may be approved by City Council at a duly noticed public hearing. When no
cause is shown, removal of a PUD designation shall follow Steps One and Two, as outlined in
Section 26.445.030(C), Steps required, but shall require demonstration of why the land no long
meets the standards of review.
A. City. The pr-ovisions of a development order- apprwving a final development plan for a PU
relating to the tise of land and the leeation of eemmen open spaee shall pda in faver- of the Git�
and shall be enfer-eeable at law or- in equity by the Gity, without lifait pevver- e
regulation other -wise granted by law,
B. Residents. All pr-evisions of the development order- appr-oving a fi"al development plan for- -a
PUD shall also fun in faver- of the residents, aeeupants and A-vRiews of the PUD, but OR!y to the
extent e . " . ided in the development or-def and in aeeerdanee with the tefffis of the final
development plan. To that extent, said provisions, whether- r-eeefzded by plat, eevenaw, easement
or- other -wise, may be enfer-eed at law or- in equity by resideSts, OeeUpaRts Or- Ow
indi,vidually, jointly or- through E)a designated in the development or-def: t aet on
theif behalf I-lowev , . . Rq 4-the development erdef shall be implied to erfist in t�-ve
-mod-appfeval.
C. Release by City. All the i of the development er-der- approving a final
released by the City subjeet to the fiAowing:
No fnedifieation, femoval of release of the prwvisieas shall affeet the rights of the fesidents,
oeeupants and evvner-s of the PUP to maintain and efifiar-ee these pfevisions at law
No fnedifieatien, feme-val of felease of the pr-evisiens of the development order- by the City shall
D. Release by residents. Residefits and owners ef the PUD may, to the extent and in th-e
release theif: fights to enfiqree the previsions of the development efzder-, but no sueh slhmnli
aff,eet the fight of the City to enfigFee the development order-.-
E. Enfereement of open spnee and eommon ar-en eenditions. in the event the or -
established to own and maintain eemmen open spaees, r-eer-eation ar-eas, owned
faeilities and private streets or- any sueeesser- er-ganizatien shall at any time fail to maintain th-e
plan in the final development plan, the City Getmeil may eause wfittea fietiee to be sef-ved upon
sueh ort upen the owners of pr-epei4y in the development setting fef4h the manner- in
Exhibit B - Page 28 of 39
NO
Other Code Section ChanSes for PUD/SPA Code Amendment
26.104.100. Definitions.
Chapter 26.208 - CITY COUNCIL
26.208.010. Powers and duties.
In addition to any authority granted by state law or this Code, the City Council shall have the
following powers and duties:
Exhibit B - Page 29 of 39
A. To initiate amendments to the text of this Title, pursuant to Chapter 26.310;
B. To hear, review and adopt amendments to the text of this Title after recommendation by the
Commission, pursuant to Chapter 26.310;
C. To initiate amendments to the Official Zone District Map, pursuant to Chapter 26.310;
D. To hear, review and adopt amendments to the Official Zone District Map after
recommendation by the Planning and Zoning Commission, pursuant to Chapter 26.310;
speeially planned areas (SPA), after- meenmnendations of the Plaming and Zep�ng E. T-E) hear-, r-e,,iew and adopt a eeneeptual deyelopment plan and a fifial development plan for-
;
EP. To hear, review and adopt a conceptual development plan and a final development plan
for a planned unit development (PUD), pursuant to Chapter 26.445;
FG. To hear, review and designate H, Historic Overlay Districts and historic landmarks, after
recommendation from the Planning and Zoning Commission and the Historic Preservation
Commission, pursuant to Chapter 26.420;
G14. To review appeals from decisions of the Historic Preservation Commission approving,
conditionally approving or disapproving a development application for development or
demolition of an historic landmark or a development application for development or demolition
in an H, Historic Overlay District pursuant to Chapter 26.415;
HI.To adopt any plans, guidelines or documents that will be used in a guiding or regulatory
capacity by the City;
IJ. To hear appeals from decisions of decision -making bodies as enabled in each Chapter of this
Title;
JK. To approve development applications and grant development allotments as
required by Chapter 26.470, Growth Management Quota System;
KL. To hear appeals from interpretations made by the Planning Director regarding the
text of this Title and the boundaries of the Official Zone District Map, pursuant to Chapter
26.306;
Lm. To hear, review and approve, approve with conditions or disapprove a plat for
subdivision, after recommendation from the Planning and Zoning Commission pursuant to
Chapter 26.480;
M#. To determine if a development proposal is reasonably necessary for the
convenience and welfare of the public, pursuant to Section 26.500.040, and thereafter review
such proposal in accordance with Subsection 26.500.050.B.
NO. To create a Transferable Development Right in accordance with Chapter 26.535.
OP. To take such other actions not delegated to the Planning and Zoning Commission,
the Historic Preservation Commission, the Board of Adjustment or the Director of the
Community Development Department, as the City Council may deem desirable and necessary to
implement the provisions of this Title.
Chapter 26.210 - COMMUNITY DEVELOPMENT DEPARTMENT
26.210.020. Director of Community Development Department.
B. Jurisdiction, authority and duties. In addition to the jurisdiction, authority and duties
which may be conferred upon the Community Development Department Director by other
provisions of this Code, the Community Development Department Director shall have the
following jurisdiction, authority and duties:
Exhibit B - Page 30 of 39
1. To serve as staff to the City Council, to provide such body with planning and technical
assistance and to inform such body of all facts and information available with respect to
development applications or any other matters brought before it;
2. To serve as staff to the Planning and Zoning Commission, to provide such body with
planning and technical assistance and to inform such body of all facts and information
available with respect to development applications or any other matters brought before it;
3. To serve as staff to the Historic Preservation Commission, to provide such body with
planning and technical assistance, to inform such body of all facts and information
available with respect to development applications or any other matters brought before it
and to inform such body regarding historic preservation items being heard by other City
boards in advance of those hearings;
4. To serve as staff to the Board of Adjustment and other decision -making bodies
established by this Title and to inform such bodies of all facts and information available
with respect to development applications or any other matters brought before it;
5. To serve as staff to the Administrative Hearing Officer, to provide such officer with
planning and technical assistance and to inform such officer of all facts and information
available with respect to appeals of decisions made by an administrative official or any
other matters brought before it;
6. To render interpretations of this Title or the boundaries of the Official Zone District Map
pursuant to Chapter 26.306;
7. To enforce any provision of this Title or any other provision of this Code;
8. To establish such rules of procedure necessary for the administration of the Community
Development Department Director's responsibilities;
9. To exempt development within an H, Historic Overlay District in accordance with
Chapter 26.415;
10. To approve minor modifications to a development order for development or demolition
within an H, Historic Overlay District in accordance with Chapter 26.415;
11. To exempt development in an environmentally sensitive area (ESA) in accordance with
Chapter 26.435;
12. To exempt development which is subject to special review in accordance with Chapter
26.430;
13. To approve, approve with conditions or deny development subject to GMQS
administrative approval in accordance with Chapter 26.470;
14. To score growth management applications in accordance with Chapter 26.470;
15. To approve development subject to subdivision administrative approval in accordance
with Chapter 26.480;
;
167. To approve development subject to Planned Unit Development administrative
approval in accordance with Chapter 26.445;
179. To undertake all general comprehensive planning responsibilities;
189. To initiate amendments to the text of this Title or to the Official Zone District
Map, pursuant to Chapter 26.310;
1920. To administer the land use application fee policy, to bill applicants according to
said policy, to take such actions deemed necessary in withholding development orders or
Exhibit B - Page 31 of 39
0 - •
issuing stop work orders upon nonpayment of review fees and to waive any fees or
portions thereof, upon request according to said policy;
204-. To approve, approve with conditions or deny development subject to Chapter
26.520, Accessory Dwelling Units and Carriage Houses;
213. To extinguish a transferable development right in accordance with Chapter
26.535;
223. To issue and extinguish Affordable Housing Certificates in accordance with
Chapter 26.540; and
234. To assist and staff all aspects of the Master Planning process in accordance with
Chapter 26.311.
Chapter 26.212 - PLANNING AND ZONING COMMISSION
26.212.010. Powers and duties.
In addition to any authority granted the Planning and Zoning Commission (hereinafter
"Commission") by state law or the Municipal Code of the City of Aspen, Colorado, the
Commission shall have the following powers and duties:
A. To initiate amendments to the text of this Title, pursuant to Chapter 26.310;
B. To review and make recommendations of approval or disapproval of amendments to the text
of this Title, pursuant to Chapter 26.310;
C. To initiate amendments to the Official Zone District Map, pursuant to Chapter 26.310;
D. To review and make recommendations of approval, approval with conditions or disapproval
to the City Council in regard to amendments of the Official Zone District Map, pursuant to
Chapter 26.310;
E. To review and make recommendations of approval, approval with conditions or disapproval
to the City Council on a conceptual development plan and final development plan for planned
unit development (PUD), pursuant to Chapter 26.445;
speeiall as (SPA), per-suant to Chapter- to the City C-euneil on adoption of a eeneeptual develepfnei4 plan and final develepmew plan 8
G.F. To review and grant allotments for residential, office, commercial and lodge pursuant to
growth management quota system (GMQS), pursuant to Chapter 26.470;
R-.G. To make determinations of exemptions from the growth management quota system
(GMQS), pursuant to Chapter 26.470;
L.H. To hear, review and recommend approval, approval with conditions or disapproval of a
plat for subdivision, pursuant to Chapter 26.480;
X.I. To hear and approve, approve with conditions or disapprove conditional uses pursuant to
Chapter 26.425;
K J. To hear and approve, approve with conditions or disapprove development subject to
special review, pursuant to Chapter 26.430;
&K. To hear and approve, approve with conditions or disapprove development in
environmentally sensitive areas (ESA), pursuant to Chapter 26.435;
ACL. To make its special knowledge and expertise available upon reasonable written request
and authorization of the City Council to any official, department, board, commission or agency
of the City, County, State or the federal government;
Exhibit B - Page 32 of 39
N-.M. To adopt such rules of procedure necessary for the administration of its responsibilities
not inconsistent with this Title;
0-.N. To grant variances from the provisions of this Title when a consolidated application is
presented to the Commission for review and approval pursuant to Chapter 26.314;
PL.0. To hear, review and approve variances to the residential design guidelines, pursuant to
Chapter 26.410;
Q-. To hear and decide appeals from and review any order, requirement, decision or
determination made by any administrative official charged with the enforcement of Chapter
26.410, including appeals of interpretation of the text of the residential design standards. The
Commission may only grant relief from the residential design standards. A variance from the
residential design standards does not grant an approval to vary other standards of this Chapter
that may be provided by another decision -making administrative body; and
R-.Q.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.
26.304.060. Review of a development application by decision -making bodies.
A. Review procedures and standards. Specific development review procedures and standards
for different types of development applications are set forth in the relevant chapters of this Title.
They include the following:
Permitted Uses:
Chapter 26.404
Variances:
Chapter 26.314
Residential Design Standards:
Chapter 26.410
Development involving the Aspen Inventory of
Historic Landmark Sites and Structures or in
an H, Historic Overlay District:
Chapter 26.415
Conditional Uses:
Chapter 26.425
Special Review:
Chapter 26.430
Development in Environmentally Sensitive Areas:
Chapter 26.435
Planned Unit Developments (PUD):
Chapter 26.445
Temporary Uses:
Chapter 26.450
Growth Management Quota System (GMQS):
Chapter 26.470
Subdivision:
Chapter 26.480
Amendments to Text and Zone District Map:
Chapter 26.310
26.470.110. Growth management review procedures.
A. General.
1. Number of development applications. No more than one (1) application for growth
management allotments on any one (1) parcel shall be considered concurrently. To
submit a new application, any active growth management application for the same
property must be vacated.
2. Number of growth management allocations. No more than one (1) project shall be
entitled to growth management allotments on any one (1) parcel concurrently. In order to
entitle a different project on the same parcel, existing growth allotments must be vacated.
(Also see Section 26.470.140, Amendment of a growth management development order.)
Exhibit B - Page 33 of 39
3. No automatic "resubmission" of growth management applications. Applications shall
only be eligible for growth allotments within the growth management session in which
they are submitted and shall not automatically become eligible for allotments in future
sessions or future years. Applications must be resubmitted in order to be eligible for
allotments in the next session or next year, as applicable. Resubmission shall effect a
new submission date.
4. HPC conceptual approval required. Whenever Historic Preservation Commission
approval is needed for a proposed project, the Historic Preservation Commission's
conceptual approval must be secured prior to submitting an application for a growth
management allotment. Conceptual HPC applications may not be combined with growth
management review.
5. Ceneenteal-PUD eview. Projects requiring approval of a
Planned Unit Development Plan, pursuant to Chapter 26.445, of Speeially Planned Affeff
may be reviewed concurrently
with review for €p-owth management, pursuant to Paragraph 26.304.060.B.1. eeneeptual
management allotment. Combined eeneeptuaWfinal PUD or- SPA appheatiens fnay not be
eembined with growth management r-eview.
6. Conceptual eCommercial Design fReview-f2qt�. Commercial, lodging and mixed -use
projects shall obtairrrequiring_conceptual commercial design review approval, pursuant
to Chapter 26.412,
may be reviewed concurrently with review for growth management, pursuant to
Paragraph 26.304.060.B.1.
be eembined with growth management r-eN,ieA,.
7. Subdivision and other required land use reviews. Subdivision approval and other land
use review approvals, as applicable, shall be required and may be reviewed concurrently
with review for growth management, pursuant to Paragraph 26.304.060.B.1.
8. No partial approvals. In order for a project to gain approval, sufficient allotments for
every element of the project must be obtained. In circumstances where a proposal
requires allotments be granted for various types of uses within the project, the reviewing
body shall not grant approval unless allotments for every type of use are available. For
example: If a proposal requires that allotments be granted for free-market residential
units, affordable housing units and commercial space, and there are no remaining
allotments for free-market residential for the year, the project shall be denied. No partial
approvals shall be granted. In the above example, the project shall be denied in total and
not granted allotments for the affordable housing units or the commercial space. Also see
multi -year allotments below.
9. Nonassi ability of growth allotments. Development allotments obtained pursuant to
this Chapter shall not be assignable or transferable independent of the conveyance of the
real property on which the development allotment has been approved.
10. Multi -year growth allotments. Projects requiring development allotments in excess of the
annual allotment may be granted a multi -year allotment, pursuant to Subsection
26.470.090.1, or may gain allotments over a multi -year period, provided that the
allotment gained in any one (1) year shall not exceed the annual allotment.
For example, a project requesting fifty thousand (50,000) square feet of commercial
space may request either a one-time, multi -year allotment of fifty thousand (50,000)
Exhibit B - Page 34 of 39
square feet or may request approval in the first year for twenty-five thousand (25,000)
square feet and request approval for the remaining twenty-five thousand (25,000) square
feet in a subsequent year.
Gaining allotments in any year shall not guarantee that allotments will be granted in later
years for the same project. Projects requiring a multi -year allotment shall not be granted
a development order until all elements of the project have been granted allotments. If the
design of a project changes prior to receiving the full allotment needed for a development
order, the reviewing body shall determine if the changes are acceptable or if the change
invalidates the previously granted allotment and requires a resubmission for allotments.
Applications for each year's allotment need to be submitted, and there shall be no
preferential status given to a project granted partial allotment.
Projects that do not require allotments in excess of the annual allotment shall not be
eligible to gain partial allotments. See No partial approvals above.
26.710.230 Academic (A).
A. Purpose. The purpose of the Academic (A) Zone District is to establish lands for
education and cultural activities with attendant research, housing and administrative facilities.
All development in the Academic Zone District is to proceed according to a conceptual
development plan and final development plan approved pursuant to the provisions of Chapter
26.440, Speeially Planned Ar-e&5445, Planned Unit Development.
D. Dimensional requirements. The dimensional requirements which shall apply to all
permitted and conditional uses in the Academic (A) Zone District shall be set by the adoption of
a conceptual development plan and final development plan, pursuant to Chapter 26.440445,
Tanned Unit Development.
COMMERCIAL DESIGN REVIEW
26.412.040. Review procedure.
A. Review Process. Commercial design review is divided into a two-step process known as
conceptual design and final design. Pursuant to Section 26.304.020 of this Title, Pre -application
conference, applicants are encouraged, although not required, to meet with a City Planner of the
Community Development Department to clarify the requirements of this Section and to
determine if a project may be exempted from the provisions of this Section.
Consolidation of applications and combining of reviews. The procedures for commercial design
review include a two-step process requiring approval by a Commission of a conceptual design
and then a fmal design. If a development project involves additional City land use approvals, the
Community Development Director may consolidate or modify the review process accordingly,
pursuant to Subsection 26.304.060.B of this Title-; ,
review shall not be eenselidated with a gr-ewth management review.
If a proposed development, in the opinion of the Community Development Director and in
consultation with the applicant, does not require growth management review and is of limited
scope, the Director may authorize the application to bypass conceptual design review and be
reviewed only for final design. In this circumstance, the City Council shall be promptly notified
of the Director's decision and afforded the opportunity to call-up the decision pursuant to
Subsection 26.410.040.13, Appeals, notice to City Council and call-up.
Exhibit B - Page 35 of 39
When the Historic Preservation Commission has purview over commercial design review, an
application for commercial design review shall be consolidated with the appropriate review
process as required by Section 26.415.070, Development Involving Designated Property. When
an application is considered consolidated and a conflict between this Chapter and Chapter
26.415, Development Involving the Aspen Inventory of Historic Landmark Sites and Structures
or Development in an "H," Historic Overlay District, arises, the regulations of Chapter 26.415
shall supersede.
[No changes to subsections 1— 5]
COMMON DEVELOPMENT REVIEW PROCEDURES
26.304.040. Initiation of application for development order.
An application for a development order may only be initiated by (1) a person or persons owning
more than fifty percent (50%) of the property subject to the development application and
proposed development; (2) the City Council or the Planning and Zoning Commission for the
purpose of amending the text of this Chapter or the Official Zone District Map (Chapter 26.310)
or to designate a Planned Unit Development
(PUD) (Chapter 26.445) and (3) the City Council, Planning and Zoning Commission or Historic
Preservation Commission for the purpose of designating an H, Historic Overlay District or
designating a property on the Aspen Inventory of Historic Landmark Sites and Structures.
SIGNS:
26.510.020 Applicability and scope
This Chapter shall apply to all signs of whatever nature and wherever located within the City
except for those signs permitted through a Planned Unit Development (PUD) cam Speeially
1ed Area {A1.
Chapter 26.590
TIMESHARE DEVELOPMENT
26.590.030 Exempt timesharing
[No changes to sections A - B]
C. Review standards for exemption. An applicant for exempt timesharing shall demonstrate
compliance with each of the following standards. These standards are in addition to those
standards applicable to the review of the subdivision exemption.
1. The proposal shall not conflict with any applicable deed restrictions or private covenants
or with any provisions of the Colorado Statutes. If the proposal is for a condominium, it
shall comply with the applicable provisions of Subsection 26.590.070.I of this Code.
2. All units to be converted to timesharing shall comply with the City's adopted Fire, Health
and Building Codes. If any unit does not comply with said Codes, then no sale of an
interest in that unit shall be closed until a Certificate of Occupancy has been issued that
brings the unit into compliance.
Exhibit B - Page 36 of 39
3. All dwelling units to be converted to timesharing shall comply with the requirements of
the zone district in which they are located and all other applicable standards of this Code
or with the requirements of any PUD or other site specific development approval granted
to the property.
4. The conversion of any multi -family dwelling unit that meets the definition of residential
multi -family housing to timesharing shall comply with the provisions of Section
26.470.070(5), Demolition or redevelopment of multi -family housin ,
Resident Multi Family Replaeement Pmgrm, even when there is no demolition of the
existing multi -family dwelling unit.
5. The marketing, sales, management and operation of the timeshare estates shall comply
with the provisions of Subsection 26.590.070.F and 26.590.070.J, of this Code.
6. A wall sign shall be mounted on each building stating that it has been approved by the
City for timesharing and providing the name and phone number of a management entity
or local contact person who can be called in the event of an emergency or to respond to
neighborhood concerns. The sign shall comply with the requirements of Subsection
26.510.030.13.22 of this Code.
7. Development shall be in compliance with the provisions of the Subdivision requirements
in Chapter 26.480 when new lots or units are created.
26.590.040. Procedure for review of timeshare lodge development application
All timesharing that is not eligible for an exemption shall be processed as follows:
[No changes to section A]
B. Consolidated PUD Review. The Community Development Director may determine that
because a timeshare lodge development is a conversion of an existing building or because of
the limited extent of the issues involved in the proposal, the few —three step PUD review
process should be consolidated into a two-step review, pursuant to Subsection
26.445.030.B.2, Consolidated PUD rRevi ,
tinieshafe !edge in the Ledge Presen,atien Over -lay shall be pr-eeessed as
. The Community Development
Director is also authorized to waive those PUD submission requirements from Section
26.445.060 and review standards from Sections 26.445.040 and 26.445.050 that the Director
finds are not applicable to a proposed timeshare development.
C. Subdivision review. Timeshare lodge development shall also require subdivision approval.
Review of the subdivision application may be combined with €mil-PUD review, as authorized by
Subsection 26.304.060.13, Combined reviews, and by Subsection 26.445.030.B.54, Concurrent
associated reviews.
[No changes to sections D - E]
26.590.050. Contents of application
In addition to the general application information required in Section 26.304.030, Application
and fees and those application contents for PUD and subdivision, the application for timeshare
Exhibit B - Page 37 of 39
lodge development shall include the following information. For projects that require both
conceptual and final PUD review it is expected that this information will be provided in a
preliminary manner at the conceptual stage and in a detailed manner at the final stage.
[No changes to sections A - H]
26.590.070 Review standards for timeshare lodge development
An applicant for timeshare lodge development shall demonstrate compliance with each of the
following standards, as applicable to the proposed development. These standards are in addition
to those standards applicable to the review of the PUD and Subdivision applications.
A. Fiscal impact analysis and mitigation. Any applicant proposing to convert an existing
lodge to a timeshare lodge development shall be required to demonstrate that the proposed
conversion will not have a negative tax consequence for the City. In order to demonstrate the tax
consequences of the proposed conversion, the applicant shall prepare a detailed fiscal impact
study as part of the €*a4-conceptual PUD application. The fiscal impact study shall contain at
least the following comparisons between the existing lodge operation and the proposed timeshare
lodge development:
[No changes to subsections 1-31
B. Upgrading of existing projects. Any existing project that is proposed to be converted to a
timeshare lodge development shall be physically upgraded and modernized. The extent of the
upgrading that is to be accomplished shall be determined as part of the Conceptual PUD review,
considering the condition of the existing facilities, with the intent being to make the development
compatible in character with surrounding properties and to extend the useful life of the building.
1. To the extent that it would be practical and reasonable, existing structures shall be
brought into compliance with the City's adopted Fire, Health and Building Codes.
2. No sale of any interest in a timeshare lodge development shall be closed until a
Certificate of Occupancy has been issued for the upgrading.
[No changes to Section C]
D. Affordable housing requirements.
1. Whenever a timeshare lodge development is required to provide affordable housing,
mitigation for the development shall be calculated by applying the standards of the City's
housing designee for lodge uses. The affordable housing requirement shall be calculated
based on the maximum number of proposed lock out rooms in the development and shall
also take into account any retail, restaurant, conference or other functions proposed in the
lodge.
2. The conversion of any multi -family dwelling unit that meets the definition of residential
multi -family housing to timesharing shall comply with the provisions of Chapter- '6«^,
Exhibit B - Page 38 of 39
•
•
Section 26.470.070(5), Demolition or
redevelopment of multi -family housing, even when there is no demolition of the existing
multi -family dwelling unit.
[No changes to sections E - J]
26.590.090. Timeshare documents
At the same time the applicant submits the PUD development plan and PUD agreement to the
City for recordation, pursuant to Section 26.445.0 70490, Development Documents, or submits
the necessary documents to record the subdivision exemption, the applicant shall also submit the
following timeshare documents in a form suitable for recording. The Community Development
Director may require the applicant to submit a draft version of these timeshare documents at the
time of submission of the €x3a1-Conceptual PUD application.
[No changes to sections A-B]
Exhibit B - Page 39 of 39
Exhibit C — Proposed Code Amendments, Clean Version
Chapter 26.440, SPECIALLY PLANNED AREA (SPA), is deleted in its entirety.
Chapter 26.445, PLANNED UNIT DEVELOPMENT (PUD)
Sections:
Sec.26.445.010. Purpose.
Sec.26.445.020. Applicability.
Sec. 26.445.030. Procedures for review.
Sec. 26.445.040. Conceptual PUD Review Standards.
Sec. 26.445.050. Final PUD Review Standards.
Sec. 26.445.060. Application materials.
Sec. 26.445.070. Recording a final PUD development plan.
Sec. 26.445.080. Placement of PUD designation on Official Zone District Map.
Sec. 26.445.090. Amendment of PUD development order.
26.445.010. Purpose.
The purpose of Planned Unit Development (PUD) designation is to encourage flexibility and
innovation in the development of land which:
A. Promotes the purposes, goals and objectives of any applicable adopted regulatory plans.
B. Achieves a more desirable development pattern, a higher quality design and site planning, a
greater variety in the type and character of development and a greater compatibility with existing
and future surrounding land uses than would be possible through the strict application of the
underlying zone district provisions.
C. Preserves natural and man-made site features of historic, cultural or scenic value.
D. Promotes more efficient use of land, public facilities and governmental services.
E. Incorporates an appropriate level of public input to the planning process to ensure sensitivity
to neighborhood and community goals and objectives.
F. Promotes safe and convenient transit, pedestrian, bicycle and vehicular access and circulation.
G. Allows the development of mixed land uses through the encouragement of innovative design
practices which permit variations from the standard zone district land uses and dimensional
requirements.
26.445.020. Applicability.
A PUD is permitted as an overlay in any zone district and on any land located within the City of
Aspen boundaries. All land with a PUD designation shall also be designated with an underlying
zone district designation most appropriate for that land.
Exhibit C - Page 1 of 23
Before any development shall occur on land designated Planned Unit Development (PUD) on the
official zone district map or before development can occur as a PUD, it shall receive final PUD
approval pursuant to the terms of this Chapter. However, in no event shall adoption of a final
development plan be required for the construction of a single detached- or duplex -residential
dwelling, in conformance with Section 26.445.030(F), Single -Family and Duplex Development.
26.445.030. Procedures for review.
A. General. Any development within a Planned Unit Development (PUD) or on land
designated with a PUD Overlay on the Official Zone District Map shall be reviewed pursuant to
the procedures and standards in this Chapter and the Common Development Review Procedures
set forth at Chapter 26.304. Any land previously designated with a Specially Planned Area
(SPA) Overlay shall be subject to the terms of this Chapter.
B. Types of Review.
1. Full PUD Review (three -step review). All development proposed within a PUD, unless
eligible for a consolidated review, shall be subject to a Full PUD Review consisting of
the following three steps (See also Section 26.445.030(C), Steps Required). Public
hearings are required at each step.
A. Conceptual Review by the Planning and Zoning Commission.
B. Conceptual Review by City Council.
C. Final Review by the Planning and Zoning Commission.
2. Consolidated PUD Review (two-step review). An applicant may request and the
Community Development Director may determine that because of the limited extent of
the issues involved in a proposed PUD in relation to these review procedures and
standards or because of a significant community interest which the project would serve, it
is appropriate to consolidate Conceptual and Final PUD Development Plan review,
pursuant to this section and Section 26.304.060(B)(1), Combined Reviews. The
Community Development Director shall consider whether the full three -step review
would be redundant and serve no public purpose and inform the applicant during the pre -
application stage whether consolidation will be permitted.
A PUD application which is determined to be eligible for consolidation shall be subject to
a Consolidated PUD Review consisting of the following two steps (See also Section
26.445.030(C), Steps Required). Public hearings are required at each step.
A. Review by the Planning and Zoning Commission for compliance with both the
Conceptual and Final Review criteria outlined in sections 26.445.040 and 26.445.050.
B. Review by City Council for compliance with to both the Conceptual and Final
Review criteria outlined in sections 26.445.040 and 26.445.050. The City Council may,
during review, determine that the application should be subject to both conceptual and
final plan review, in which case consolidated review shall not occur.
Exhibit C - Page 2 of 23
3. Purpose of Conceptual PUD Review. Conceptual PUD Review focuses on the overall
concept and general parameters of a project, and establishes the allowed dimensions and
uses for a project. The intent is to establish the uses and mass and scale of the proposal,
as well as any deviations from zone district requirements. All dimensions shall be
established as part of the Conceptual PUD. Approval of a Conceptual PUD Development
Plan shall be binding.
4. Purpose of Final PUD Review. Final PUD Review focuses on refining a project design,
including establishing final architectural and material details as well as utility and other
infrastructure details. The intent is to perfect and finalize all technical aspects of the
project. The Conceptual PUD approval shall not be revisited as part of the Final PUD
Review, unless changes to the Conceptual PUD approval are proposed by the applicant.
5. Concurrent associated reviews. An applicant may request and the Community
Development Director may determine that an application for development within a PUD
may be combined, during conceptual review, with a development application for other
land use reviews, including conditional use, special review, ESA review, subdivision
review, and growth management. All combined reviews shall be considered during
Conceptual Review, but are contingent upon the application receiving Final Review
approval. If a Consolidated PUD Review has been permitted, all associated reviews shall
be combined with the Consolidated PUD Review.
The Community Development Director shall consider whether the associated reviews
may be reviewed concurrently and inform the applicant during the pre -application stage
whether concurrent reviews will be permitted and if any redundant submission
requirements may be waived.
6. Concurrent Conceptual Commercial Design Review. An applicant may request and
the Community Development Director may determine that an application for
development within a PUD may be combined, during Conceptual PUD Review or
Consolidated PUD Review, with conceptual commercial design review.
Notwithstanding section 26.412.040.13, Commercial Design Review Procedure, Appeals,
notice to City Council and call-up, when Conceptual PUD Review is combined with
conceptual commercial design review, City Council's Conceptual PUD Review shall
constitute the required commercial design review call-up provisions and procedures, and
no other action otherwise outlined in section 26.412.040.13, Commercial Design Review
Procedure, Appeals, notice to City Council and call-up, shall be required.
7. Concurrent Historic Preservation Review. An applicant may request and the
Community Development Director may determine that an application for development
within a PUD on a property that is historically designated or located within a Historic
District may be combined, during Conceptual PUD Review or Consolidated PUD
Review, with any applicable Historic Preservation reviews outlined in Chapter 26.415,
Historic Preservation, pursuant to Section 26.304.060(B)(1), Combined Reviews. In such
circumstances, the PUD Review and any other concurrent associated reviews shall be
completed by the Historic Preservation Commission.
Exhibit C - Page 3 of 23
Notwithstanding sections 26.415.120.13-1), Historic Preservation, Appeals, notice to City
Council and call-up, when Conceptual PUD Review is combined with a Historic
Preservation review that is subject to said sections, City Council's Conceptual PUD
Review shall constitute the required call-up provisions and procedures, and no other
action otherwise outlined in sections 26.415.120.B-D, Historic Preservation, Appeals,
notice to City Council and call-up, shall be required.
8. Dimensional and use amendments between Conceptual and Final Reviews. Any
Final PUD application that proposes to increase the Height or Floor Area/FAR
dimensions or change the land uses established in the Conceptual PUD Council
Ordinance shall require Council approval, and the Final PUD Development Plan shall be
subject to City Council and Planning and Zoning Commission review, pursuant to Steps
Three and Four, as outlined in Section 26.445.030(C), Steps required. In such
circumstances, the Planning and Zoning Commission shall be a recommending body on
the Final PUD Development Plan, and City Council shall have final review authority.
Minor deviations in other dimensional requirements established in the Conceptual PUD
Council approval Ordinance may be reviewed and approved by the Planning and Zoning
Commission during their Final PUD Review pursuant to Section 26.445.050, Final PUD
Review Standards. Deviations not meeting the standards set forth in Section
26.445.050(B), Minor Dimensional Changes, or changes to the land uses established in
the Conceptual PUD Council approval Ordinance, shall be subject to City Council and
Planning and Zoning Commission review, pursuant to Steps Three and Four, as outlined
in Section 26.445.030(C), Steps required.
C. Steps required: Unless consolidated in accordance with Section 26.445.030(B)(2),
Consolidated PUD Review, three (3) steps are required for the review and approval of an
application for development within a Planned Unit Development (PUD). Consolidated PUD
reviews require only steps one and two. If the proposal increases the Height or Floor Area/FAR
dimensions or changes the land uses established between the Conceptual PUD approval and the
Final Review application, then a fourth step shall be required. The steps are as follows:
1. Step One — Public Hearing before the Planning and Zoning Commission.
1. Purpose: To determine if the application meets standards for Conceptual PUD
Development Plan.
2. Process: The Community Development Director shall provide P&Z with a
recommendation to approve, approve with conditions, or deny the Conceptual
PUD Development Plan, based on the standards of review. The Planning and
Zoning Commission shall forward a recommendation of approval, approval with
conditions or disapproval of a Conceptual PUD Development Plan to City
Council after considering the recommendation of the Community Development
Director, and comments and testimony from the public at a duly noticed public
hearing.
3. Standards of review: Section 26.445.040 for review of Conceptual PUD
Development Plan.
Exhibit C - Page 4 of 23
0
4. Form of decision: The Planning and Zoning recommendation shall be by
resolution.
5. Notice requirements: Publication, mailing and posting (See Section
26.304.060.E.3.a, b and c)
2. Step Two — Public Hearing before City Council.
1. Purpose: To review recommendations of the Planning and Zoning Commission
and to determine if the application meets the standards for Conceptual PUD
Development Plan.
2. Process: The Community Development Director shall provide City Council with
a recommendation to approve, approve with conditions, or deny the Conceptual
PUD Development Plan, based on the standards of review. City Council shall
approve, approve with conditions, or deny the application after considering the
recommendation of the Community Development Director, the recommendation
from the Planning and Zoning Commission, and comments and testimony from
the public at a duly noticed public hearing.
3. Standards of review: Section 26.445.040 for review of Conceptual PUD
Development Plan.
4. Form of decision: City Council action shall be by ordinance approving,
approving with conditions or denying Conceptual PUD Development Plan, or
Conceptual and Final PUD Development Plan if the application is consolidated.
5. Notice requirements: Requisite notice requirements for adoption of an ordinance
by City Council and publication, posting and mailing. (See Subparagraphs
26.304.060.E.3.a, b and c)
3. Step Three —Public Hearing before the Planning and Zoning Commission.
1. Purpose: To determine if the application meets the standards for Final PUD
Development Plan.
2. Process: The Community Development Director shall provide the Planning and
Zoning Commission with a recommendation to approve, approve with conditions,
or deny the Final PUD Development Plan, based on the standards of review. The
Planning and Zoning Commission shall approve, approve with conditions or
disapprove a Final PUD Development Plan after considering the recommendation
of the Community Development Director, and comments and testimony from the
public at a duly noticed public hearing.
3. Standards of review: Section 26.445.050 for review of Final PUD Development
Plan.
4. Form ofdecision: The Planning and Zoning decision shall be by resolution.
5. Notice requirements: Publication, posting and mailing. (See Subparagraphs
26.304.060.E.3.a, b and c.)
4. Step Four — Public Hearing before City Council, if applicable.
Exhibit C - Page 5 of 23
0
1. Purpose: To determine if the application meets the standards for Final PUD
Development Plan when amendments to the Height or Floor Area/FAR
dimensions or land uses established in the Conceptual PUD are proposed.
2. Process: The Community Development Director shall provide City Council with
a recommendation to approve, approve with conditions, or deny the Final PUD
Development Plan, based on the standards of review. City Council shall approve,
approve with conditions, or deny the application after considering the
recommendation of the Community Development Director, the recommendation
from the Planning and Zoning Commission, and comments and testimony from
the public at a duly noticed public hearing.
3. Standards of review: Section 26.445.040 to review changes to approved Height
or Floor Area/FAR dimensions or land uses; and Section 26.445.050 for review of
Final PUD Development Plan.
4. Form of decision: The City Council decision shall be by ordinance.
5. Notice requirements: Publication, posting and mailing. (See Subparagraphs
26.304.060.E.3.a, b and c.)
D. Limitations. Unless otherwise specified in the Ordinance granting conceptual approval, a
development application for a Final PUD Development Plan shall be submitted within one (1)
year of the date of approval of a Conceptual Development Plan. Failure to file such an
application within this time period shall render null and void the approval of a conceptual
development plan. The Community Development Director may grant an extension of this
limitation if the delay has been caused by the application requiring additional reviews or similar
delays that could not have been reasonably predicted by the applicant. The City Council may, at
its sole discretion and for good cause shown, grant an extension of the deadline, provided a
written request for extension is received no less than thirty (30) days prior to the expiration date.
Development on any land within a Planned Unit Development may occur only after all land use
approvals are received, all requisite documents, agreements and plats have been filed and the
applicant has received all necessary permits as required by the Municipal Code and any other
county, state or federal authority with jurisdiction over the land.
E. Appeals. An applicant aggrieved by a Planning and Zoning Commission Final PUD
Development review, may appeal the decision to the City Council. In such circumstances, the
Planning and Zoning Commission's decision shall be considered a recommendation to City
Council, and City Council shall review the project for compliance with Section 26.445.050,
Final PUD Review Standards, during a duly noticed public hearing. The Council decision shall
be by Ordinance.
F. Single -Family and Duplex Development. In the absence of a final development plan, a
single detached or duplex residential dwelling, if listed as a permitted use in the underlying
zoning, may be developed in conformance with the provisions of the underlying Zone District.
This shall not exempt a development from complying with any other applicable Land Use Code
reviews.
26.445.040. Conceptual PUD Review Standards.
Exhibit C - Page 6 of 23
0
The review of the Conceptual PUD Development Plan shall be focused on the general concept
for the development, but shall outline any dimensional or use requirements that vary from those
allowed in the underlying zone district. The burden shall rest upon an applicant to show the
reasonableness of the development application and its conformity to the standards and
procedures of this Chapter and this Title. The underlying zone district designation shall be used
as a guide, but not an absolute limitation, to the uses and dimensions which may be considered
during the development review process. Any dimensional or use variations allowed shall be
specified in the Ordinance granting Conceptual PUD approval. In the review of a development
application for a Conceptual PUD Development Plan, the Planning and Zoning Commission and
City Council shall consider the following:
A. General Requirements.
1. The proposed development complies with applicable adopted regulatory plans.
2. The proposed development is compatible with the mix of development in the immediate
vicinity of the parcel in terms of land uses, density, height, mass, and open space
B. Development Suitability. The parcel(s) proposed for development is generally suitable for
development, considering the slope, ground instability and the possibility of mudflow, rock
falls, avalanche dangers and flood hazards. The proposed development preserves important
geologic features, mature vegetation, and structures or features of the site that have historic
or cultural relevance and is sited to avoid any natural hazards.
C. Land Uses. A development application may request variations in the allowed uses permitted
in the underlying zone district. Any proposed uses deviating from those allowed in the
underlying zone district shall be compatible with the character of existing land uses in the
surrounding area. In meeting this standard, consideration shall be given to the existence of
similar uses in the immediate vicinity, as well as how the proposed uses will enhance the
project or immediate vicinity.
D. Site Planning. The site plan is compatible with the context and visual character of the area.
In meeting this standard, the following criteria shall be used:
1. The site plan preserves any significant natural or man-made features which are unique,
provide visual interest or a specific reference to the past, or contribute to the identity of
the town.
2. Structures are oriented to public streets and are sited to reflect the urban or rural context.
3. If the development includes common park, open space, or recreation areas, the proposed
amount, location and design of the common park, open space or recreation area enhances
the character of the proposed development, considering existing and proposed structures
and natural landscape features of the property.
E. Dimensions. All dimensions shall be established through the Conceptual Review. A
development application may request variations to any dimensional requirement. Any
proposed dimensions deviating from those allowed in the underlying zone district shall be
Exhibit C - Page 7 of 23
compatible with the site's natural characteristics, such as steep slopes, vegetation, waterways,
etc., and any natural or man-made hazards. In meeting this standard, consideration shall be
given to the dimensions in the immediate vicinity, topography of the site and surrounding
parcels, and the extent to which the development enhances the cohesiveness or distinctive
identity of the neighborhood, and:
Density, Mass & Height. The maximum allowable density, massing (floor area) and
height may be increased if there exists a significant community goal to be achieved
through such increase and the development pattern is compatible with the surrounding
development patterns and with the site's physical constraints. In meeting this standard,
consideration shall be given to:
a. The proposed dimensions represent a character suitable for and indicative of the
primary uses of the project and integrate into the neighborhood.
b. The proposed development respects the scale and massing of any nearby historical
and cultural resources.
c. The proposed development responds to the site's topography and other natural
features and either blends in with said features or enhances them.
2. Parking. The number of off-street parking spaces shall be established based on the
probable number of cars to be operated by those using the proposed development and the
nature of the proposed uses. The availability of public transit and other transportation
facilities, including those for pedestrian access and/or the commitment to utilize
automobile disincentive techniques in the proposed development, and the potential for
joint use of common parking may be considered when establishing a parking requirement.
F. Mass and Scale. The mass and scale of the proposed development is compatible with the
context and visual character of the area. In meeting this standard, the following criteria shall
be used:
1. The design complies with applicable design standards, including those outlined in
Chapter 26.410, Residential Design Standards, Chapter 26.412, Coinmercial Design
Standards, and Chapter 26.415, Historic Preservation.
2. The proposed materials are compatible with those called for in any applicable design
standards, as well as those typically seen in the immediate vicinity. Materials are
finalized as part of the Final PUD review, but review boards may include conditions
related to architectural character and materials as part of the Conceptual PUD Review.
G. Pedestrian, bicycle & transit facilities, access and circulation. The development provides
adequate pedestrian, bicycle, and transit facilities. These facilities and improvements shall
be prioritized over vehicular facilities and improvements. Any new vehicular access points
minimize impacts on pedestrian, bicycle and transit facilities. Access and circulation
accommodate emergency vehicles and meet all applicable road engineering standards.
Exhibit C - Page 8 of 23
Security/privacy gates across access points and driveways are prohibited. Adequate
pedestrian and handicapped access is provided to the site and to individual buildings.
H. Public Infrastructure and Facilities. At the sole costs of the developer, the proposed PUD
shall upgrade public infrastructure and facilities necessary to serve the PUD. The City may
require certain public infrastructure or facilities to be oversized in anticipation of future
needs or the development of adjacent parcels and shall reimburse the developer
proportionately for the additional improvement. Any adverse impacts on public
infrastructure by the development shall be mitigated by the necessary improvements at the
sole cost of the developer.
I. Access and circulation. The proposed development shall have perpetual unobstructed legal
and physical vehicular access to a public way. A proposed PUD shall not eliminate physical
or legal access from a public way to an adjacent property and shall not restrict the ability for
an adjacent property to develop. Any streets in the PUD which are proposed or recommended
to be retained under private ownership provide appropriate dedication to public use to ensure
appropriate public and emergency access. Buildings and access ways are arranged to allow
emergency and service vehicle access.
26.445.050. Final PUD Review Standards.
The review of the Final PUD Development Plan shall be focused on the detailed evaluation of
the specific aspects of the development, including utility placement, architectural materials, and
construction techniques. In the review of a development application for a Final PUD
Development Plan, the Planning and Zoning Commission shall consider the following:
A. Conceptual Approval. The proposed development is consistent with the Conceptual PUD
Development Plan. Any conditions of Conceptual approval are adequately addressed.
B. Minor Dimensional Changes. Minor deviations to dimensions (other than height and Floor
Area/FAR) approved during Conceptual Review are permitted if they are due to technical or
design considerations that could not have been foreseen during the Conceptual PUD Review,
or address direction received during Conceptual Review. In meeting this standard, the
following shall be considered:
1. The change is a result of survey errors.
2. City referral departments or other utilities have requested infrastructure related changes
that impact site planning or other aspects of the development.
3. The change is based on responses to conditions or direction received during Conceptual
PUD review.
4. The change is a result of other design considerations that could not have been foreseen
during the Conceptual Review.
Exhibit C - Page 9 of 23
C. Growth Management. The proposed development has received all required GMQS
allotments, or is concurrently seeking allotments.
D. Architecture. The proposed development emphasizes quality construction and design
characteristics, such as exterior materials, weathering, snow shedding and snow storage,
energy efficiency and the like. Materials are of high quality and shall comply with applicable
design standards. The design complies with applicable design standards, including those
outlined in Chapter 26.410, Residential Design Standards, Chapter 26.412, Commercial
Design Standards, and Chapter 26.415, Historic Preservation.
E. Lighting. All lighting is proposed so as to prevent direct glare or hazardous interference of
any kind to adjoining streets or lands. All exterior lighting complies with the City's outdoor
lighting standards unless otherwise approved and noted in the final PUD documents.
F. Common Park, Open Space, or Recreation Areas. If the proposed development includes a
common park, open space or recreation area, a proportionate, undivided interest in all
common park and recreation areas is deeded in perpetuity (not for a number of years) to each
lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. An
adequate assurance through a legal instrument for the permanent care and maintenance of
open spaces, recreation areas and shared facilities together with a deed restriction against
future residential, commercial or industrial development is required.
G. Landscaping. The landscape plan exhibits a well -designed treatment of exterior spaces,
preserves existing significant vegetation as determined by the Parks Department and provides
an ample quantity and variety of ornamental plant species suitable for the Aspen area
climate. Existing vegetation or other landscape features proposed to remain in the
development are adequately protected. Site drainage is accommodated for the proposed
development in a practical and reasonable manner and shall not negatively impact
surrounding properties.
H. Improvements. The improvements set forth at Title ***, Engineering Design Standards,
shall be provided for the proposed PUD.
Public Infrastructure and Facilities. The location of all public facilities, including roads,
water service, sewer service, and the like needed to service the development has been
addressed.
J. Phasing of development plan. If phasing of the development plan is proposed, each phase
shall be defined in the adopted final PUD development plan. The phasing plan shall be
designed to function as a complete development and shall not be reliant on subsequent
phases. Phasing shall insulate, to the extent practical, occupants of initial phases from the
construction of later phases. All necessary or proportionate improvements to public
facilities, payment of impact fees and fees -in -lieu, construction of any facilities to be used
jointly by residents of the PUD, construction of any required affordable housing and any
Exhibit C - Page 10 of 23
mitigation measures shall be completed concurrent or prior to the respective impacts
associated with the phase.
26.445.060. Application materials.
A. Conceptual PUD. The contents of a development application for a conceptual development
plan shall include the following:
1. The general application information required in Common Procedures, Chapter 26.304.
2. A site improvement survey depicting:
a) Existing natural and man-made site features.
b) Existing topography and categorization of site slopes.
c) All legal easements and restrictions.
3. A description of the proposed development including a statement of the objectives to be
achieved by the PUD and a description of the proposed land uses, densities, natural
features, traffic and pedestrian circulation, parking, open space areas, landscaping, and
infrastructure improvements.
4. A site plan of the proposed development illustrating building placement, natural features,
traffic and pedestrian circulation, parking, open space areas, landscaping, and
infrastructure improvements.
.5. A statement outlining in conceptual terms how the proposed development will be served
with the appropriate public facilities and how assurances will be made so those public
facilities are available to serve the proposed development.
6. An architectural character plan showing the use, massing, scale and orientation of the
proposed buildings, and outlining the suitability of a building for its purposes, legibility
of the building's use, the building's proposed massing, proportion, scale, orientation to
public spaces and other buildings, use of materials and other attributes which may
significantly represent the proposed development.
7. A description of the dimensional requirements and land uses being established for the
proposed development. All dimensional requirements shall be established in the PUD.
8. A written response to each of the PUD review criteria contained in Section 25.445.040.
B. Final and consolidated PUD. The contents of the development application for a final, and
consolidated conceptual and final PUD shall include the following:
1. The general application information required in Common Procedures, Chapter 26.304.
2. A site improvement survey depicting:
a) Existing natural and man-made site features.
b) Existing topography and categorization of site slopes.
c) All legal easements and restrictions.
Exhibit C - Page l t of 23
3. A description of the proposed development including a statement of the objectives to be
achieved by the PUD and a description of the proposed land uses, densities, natural
features, traffic and pedestrian circulation, parking, open space areas, infrastructure
improvements and site drainage.
4. A site plan of the proposed development illustrating building placement, natural features,
traffic and pedestrian circulation, parking, open space areas, landscaping, and
infrastructure improvements.
5. A landscape plan depicting:
a) The type, location and size of all existing plant materials and other landscape
features.
b) The proposed method of protecting vegetation through construction.
c) The type and location of all proposed plant materials, other landscape features,
proposed treatment of ground surfaces and erosion control and a plant material
schedule with common and botanical names, sizes and quantities.
6. A grading and drainage plan showing all grading and how drainage and stormwater is
accommodated.
7. A statement specifying the public facilities that will be needed to accommodate the
proposed development and what specific assurances will be made to ensure the public
facilities will be available to accommodate the proposed development.
8. A statement specifying the method of maintaining any proposed common areas on the
site, including but not limited to common parking areas, walkways, landscaped areas and
recreational facilities and what specific assurances will be made to ensure the continual
maintenance of said areas.
9. A description of how the proposed dimensional requirements and land uses comply with
the Conceptual Review approval.
10. A description of any proposed project phasing detailing the specific improvements
proposed for each phase.
11. A written response to each of the PUD review criteria contained in Section 26.445.050.
12. A proposed plat which depicts the applicable information required by Subsection 26.490,
Development Documents.
13. Proposed PUD plans and a proposed PUD agreement.
26.445.070. Recording a final PUD development plan.
A. General.
Unless otherwise specified in the City Council ordinance granting final approval of a PUD
development plan, all necessary documents, as applicable, shall be recorded within one hundred
and eighty (180) days of the adoption date of the final PUD. Failure to file these documents
within this time period shall render null and void the approval of a final development plan. The
Community Development Director may extend the recordation deadline if the request is within
Exhibit C - Page 12 of 23
the vesting timeline and if there is a community interest for providing such an extension. The
Community Development Director may forward the extension request to City Council.
All documents shall meet the requirements outlined in Chapter 26.490, Development Documents.
Development of the property shall be limited to the uses, density, configuration and all other
elements and conditions set forth on the final development plan and PUD agreement.
26.445.080. Placement of PUD designation on Official Zone District Map.
After approval of a final PUD development plan, the Community Development Director shall
amend the City's Official Zone District Map to show a Planned Unit Development (PUD)
designation. The process of establishing a new PUD shall not require a Rezoning Review under
Chapter, 26.310, Amendments to the Land Use Code and Official Zone District Map, as the act of
approving a Final PUD and issuance of a Development Order authorizes the designation on the
City's Official Zone District Map.
26.445.090. Amendment of PUD development order.
A. PUD Insubstantial Amendments. An insubstantial amendment to an approved
development order for a final PUD development plan may be authorized by the Community
Development Director. An insubstantial amendment shall meet the following criteria:
1. The proposal does not change the use or character of the development.
2. The proposal is consistent with all conditions or representations in the project's original
approval.
3. The proposal will not require granting a variation from the project's approved use(s).
4. Any proposed changes to the approved dimensional requirements are limited to a technical
nature, or respond to a design parameter that could not have been foreseen in during the
original approval.
The action by the Community Development Director shall be considered the final action, unless
the decision is appealed. An applicant may appeal an amendment determination made by the
Community Development Director, pursuant to Chapter 26.316,-Appeals.
B. Minor Amendment. An amendment found to be consistent with or an enhancement of the
approved final development plan by the Community Development Director, but which does not
meet the established thresholds for an insubstantial amendment, may be approved, approved with
conditions or denied by the Planning and Zoning Commission, at a public hearing. The Planning
and Zoning Commission may consider any applicable review criteria outlined in sections
26.445.040 and 26.445.050 to determine if the amendment should be approved.
The action by the Planning and Zoning Commission shall be considered the final action, unless
the decision is appealed. An applicant may appeal an amendment determination made by the
Planning and Zoning Commission to the City Council. In this case, the determination made by
the Planning and Zoning Commission shall be considered a recommendation and the amendment
Exhibit C - Page 13 of 23
shall be subject to final development plan review and approval by the City Council at a public
hearing.
C. Major Amendment. An amendment found to be inconsistent with the approved final
development plan by the Community Development Director shall be subject to final
development plan review and approval by City Council at a public hearing. The amendment
shall be reviewed against both Conceptual and Final PUD Review Criteria, sections 26.445.040
and 26.445.050.
D. Conditions. During the review of a proposed amendment, the Planning and Zoning
Commission and City Council may require such conditions of approval as are necessary to insure
that the development will be compatible with current community circumstances. This shall
include, but not be limited to, portions of the development which have not obtained building
permits or are proposed to be amended, any new community policies or regulations which have
been implemented since the original approval or changed or changing community circumstances
as they affect the project's original representations and commitments.
The applicant may withdraw the proposed amendment at any time during the review process.
E. Absence of approved final development plan. In the absence of an approved final
development plan for a site designated PUD on the Official Zone District Map, an accurate
improvements survey of existing conditions may be substituted to permit evaluation of whether
the proposal is an insubstantial or other amendment.
F. Boundary Amendment. The boundaries of a parcel previously designated Planned Unit
Development (PUD) may be amended through Steps One and Two, as outlined in Section
26.445.030(C), Steps required.
G. Rescinding a PUD. The removal of a Planned Unit Development (PUD) designation from a
parcel for cause may be approved by City Council at a duly noticed public hearing. When no
cause is shown, removal of a PUD designation shall follow Steps One and Two, as outlined in
Section 26.445.030(C), Steps required, but shall require demonstration of why the land no longer
meets the standards of review.
Other Code Section Changes for PUD/SPA Code Amendment
26.104.100. Definitions.
Chapter 26.208 - CITY COUNCIL
26.208.010. Powers and duties.
In addition to any authority granted by state law or this Code, the City Council shall have the
following powers and duties:
A. To initiate amendments to the text of this Title, pursuant to Chapter 26.310;
B. To hear, review and adopt amendments to the text of this Title after recommendation by the
Commission, pursuant to Chapter 26.310;
C. To initiate amendments to the Official Zone District Map, pursuant to Chapter 26.310;
Exhibit C - Page 14 of 23
D. To hear, review and adopt amendments to the Official Zone District Map after
recommendation by the Planning and Zoning Commission, pursuant to Chapter 26.310;
E. To hear, review and adopt a conceptual development plan and a final development plan for a
planned unit development (PUD), pursuant to Chapter 26.445;
F. To hear, review and designate H, Historic Overlay Districts and historic landmarks, after
recommendation from the Planning and Zoning Commission and the Historic Preservation
Commission, pursuant to Chapter 26.420;
G. To review appeals from decisions of the Historic Preservation Commission approving,
conditionally approving or disapproving a development application for development or
demolition of an historic landmark or a development application for development or demolition
in an H, Historic Overlay District pursuant to Chapter 26.415;
H. To adopt any plans, guidelines or documents that will be used in a guiding or regulatory
capacity by the City;
I. To hear appeals from decisions of decision -making bodies as enabled in each Chapter of this
Title;
J. To approve development applications and grant development allotments as required by
Chapter 26.470, Growth Management Quota System;
K. To hear appeals from interpretations made by the Planning Director regarding the text of this
Title and the boundaries of the Official Zone District Map, pursuant to Chapter 26.306;
L. To hear, review and approve, approve with conditions or disapprove a plat for subdivision,
after recommendation from the Planning and Zoning Commission pursuant to Chapter 26.480;
M. To determine if a development proposal is reasonably necessary for the convenience and
welfare of the public, pursuant to Section 26.500.040, and thereafter review such proposal in
accordance with Subsection 26.500.050.B.
N. To create a Transferable Development Right in accordance with Chapter 26.535.
O. To take such other actions not delegated to the Planning and Zoning Commission, the
Historic Preservation Commission, the Board of Adjustment or the Director of the Community
Development Department, as the City Council may deem desirable and necessary to implement
the provisions of this Title.
Chapter 26.210 - COMMUNITY DEVELOPMENT DEPARTMENT
26.210.020. Director of Community Development Department.
B. Jurisdiction, authority and duties. In addition to the jurisdiction, authority and duties
which may be conferred upon the Community Development Department Director by other
provisions of this Code, the Community Development Department Director shall have the
following jurisdiction, authority and duties:
1. To serve as staff to the City Council, to provide such body with planning and technical
assistance and to inform such body of all facts and information available with respect to
development applications or any other matters brought before it;
2. To serve as staff to the Planning and Zoning Commission, to provide such body with
planning and technical assistance and to inform such body of all facts and information
available with respect to development applications or any other matters brought before it;
3. To serve as staff to the Historic Preservation Commission, to provide such body with
planning and technical assistance, to inform such body of all facts and information
available with respect to development applications or any other matters brought before it
Exhibit C -Page 15 of 23
and to inform such body regarding historic preservation items being heard by other City
boards in advance of those hearings;
4. To serve as staff to the Board of Adjustment and other decision -making bodies
established by this Title and to inform such bodies of all facts and information available
with respect to development applications or any other matters brought before it;
5. To serve as staff to the Administrative Hearing Officer, to provide such officer with
planning and technical assistance and to inform such officer of all facts and information
available with respect to appeals of decisions made by an administrative official or any
other matters brought before it;
6. To render interpretations of this Title or the boundaries of the Official Zone District Map
pursuant to Chapter 26.306;
7. To enforce any provision of this Title or any other provision of this Code;
8. To establish such rules of procedure necessary for the administration of the Community
Development Department Director's responsibilities;
9. To exempt development within an H, Historic Overlay District in accordance with
Chapter 26.415;
10. To approve minor modifications to a development order for development or demolition
within an H, Historic Overlay District in accordance with Chapter 26.415;
11. To exempt development in an environmentally sensitive area (ESA) in accordance with
Chapter 26.435;
12. To exempt development which is subject to special review in accordance with Chapter
26.430;
13. To approve, approve with conditions or deny development subject to GMQS
administrative approval in accordance with Chapter 26.470;
14. To score growth management applications in accordance with Chapter 26.470;
15. To approve development subject to subdivision administrative approval in accordance
with Chapter 26.480;
16. To approve development subject to Planned Unit Development administrative approval in
accordance with Chapter 26.445;
17. To undertake all general comprehensive planning responsibilities;
18. To initiate amendments to the text of this Title or to the Official Zone District Map,
pursuant to Chapter 26.310;
19. To administer the land use application fee policy, to bill applicants according to said
policy, to take such actions deemed necessary in withholding development orders or
issuing stop work orders upon nonpayment of review fees and to waive any fees or
portions thereof, upon request according to said policy;
20. To approve, approve with conditions or deny development subject to Chapter 26.520,
Accessory Dwelling Units and Carriage Houses;
21. To extinguish a transferable development right in accordance with Chapter 26.535;
22. To issue and extinguish Affordable Housing Certificates in accordance with Chapter
26.540; and
23. To assist and staff all aspects of the Master Planning process in accordance with Chapter
26.311.
Chapter 26.212 - PLANNING AND ZONING COMMISSION
Exhibit C - Page 16 of 23
26.212.010. Powers and duties.
In addition to any authority granted the Planning and Zoning Commission (hereinafter
"Commission") by state law or the Municipal Code of the City of Aspen, Colorado, the
Commission shall have the following powers and duties:
A. To initiate amendments to the text of this Title, pursuant to Chapter 26.310;
B. To review and make recommendations of approval or disapproval of amendments to the text
of this Title, pursuant to Chapter 26.310;
C. To initiate amendments to the Official Zone District Map, pursuant to Chapter 26.310;
D. To review and make recommendations of approval, approval with conditions or disapproval
to the City Council in regard to amendments of the Official Zone District Map, pursuant to
Chapter 26.310;
E. To review and make recommendations of approval, approval with conditions or disapproval
to the City Council on a conceptual development plan and final development plan for planned
unit development (PUD), pursuant to Chapter 26.445;
F. To review and grant allotments for residential, office, commercial and lodge pursuant to
growth management quota system (GMQS), pursuant to Chapter 26.470;
G. To make determinations of exemptions from the growth management quota system (GMQS),
pursuant to Chapter 26.470;
H. To hear, review and recommend approval, approval with conditions or disapproval of a plat
for subdivision, pursuant to Chapter 26.480;
I. To hear and approve, approve with conditions or disapprove conditional uses pursuant to
Chapter 26.425;
J. To hear and approve, approve with conditions or disapprove development subject to special
review, pursuant to Chapter 26.430;
K. To hear and approve, approve with conditions or disapprove development in environmentally
sensitive areas (ESA), pursuant to Chapter 26.435;
L. To make its special knowledge and expertise available upon reasonable written request and
authorization of the City Council to any official, department, board, commission or agency of the
City, County, State or the federal government;
M. To adopt such rules of procedure necessary for the administration of its responsibilities not
inconsistent with this Title;
N. To grant variances from the provisions of this Title when a consolidated application is
presented to the Commission for review and approval pursuant to Chapter 26.314;
O. To hear, review and approve variances to the residential design guidelines, pursuant to
Chapter 26.410;
P. To hear and decide appeals from and review any order, requirement, decision or
determination made by any administrative official charged with the enforcement of Chapter
26.410, including appeals of interpretation of the text of the residential design standards. The
Commission may only grant relief from the residential design standards. A variance from the
residential design standards does not grant an approval to vary other standards of this Chapter
that may be provided by another decision -making administrative body; and
Q. 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.
26.304.060. Review of a development application by decision -making bodies.
Exhibit C - Page 17 of 23
A. Review procedures and standards. Specific development review procedures and standards
for different types of development applications are set forth in the relevant chapters of this Title.
They include the following:
Permitted Uses:
Chapter 26.404
Variances:
Chapter 26.314
Residential Design Standards:
Chapter 26.410
Development involving the Aspen Inventory of
Historic Landmark Sites and Structures or in
an H, Historic Overlay District:
Chapter 26.415
Conditional Uses:
Chapter 26.425
Special Review:
Chapter 26.430
Development in Environmentally Sensitive Areas:
Chapter 26.435
Planned Unit Developments (PUD):
Chapter 26.445
Temporary Uses:
Chapter 26.450
Growth Management Quota System (GMQS):
Chapter 26.470
Subdivision:
Chapter 26.480
Amendments to Text and Zone District Map:
Chapter 26.310
26.470.110. Growth management review procedures.
A. General.
1. Number of development applications. No more than one (1) application for growth
management allotments on any one (1) parcel shall be considered concurrently. To
submit a new application, any active growth management application for the same
property must be vacated.
2. Number of growth management allocations. No more than one (1) project shall be
entitled to growth management allotments on any one (1) parcel concurrently. In order to
entitle a different project on the same parcel, existing growth allotments must be vacated.
(Also see Section 26.470.140, Amendment of a growth management development order.)
3. No automatic "resubmission" of growth management applications. Applications shall
only be eligible for growth allotments within the growth management session in which
they are submitted and shall not automatically become eligible for allotments in future
sessions or future years. Applications must be resubmitted in order to be eligible for
allotments in the next session or next year, as applicable. Resubmission shall effect a
new submission date.
4. HPC conceptual approval required. Whenever Historic Preservation Commission
approval is needed for a proposed project, the Historic Preservation Commission's
conceptual approval must be secured prior to submitting an application for a growth
management allotment. Conceptual HPC applications may not be combined with growth
management review.
5. PUD review. Projects requiring approval of a Planned Unit Development Plan, pursuant
to Chapter 26.445, may be reviewed concurrently with review for growth management,
pursuant to Paragraph 26.304.060.B.1.
6. Conceptual Commercial Design Review. Commercial, lodging and mixed -use projects
requiring conceptual commercial design review approval, pursuant to Chapter 26.412,
may be reviewed concurrently with review for growth management, pursuant to
Paragraph 26.304.060.B.I.
Exhibit C - Page 18 of 23
7. Subdivision and other required land use reviews. Subdivision approval and other land
use review approvals, as applicable, shall be required and may be reviewed concurrently
with review for growth management, pursuant to Paragraph 26.304.060.B.1.
8. No partial approvals. In order for a project to gain approval, sufficient allotments for
every element of the project must be obtained. In circumstances where a proposal
requires allotments be granted for various types of uses within the project, the reviewing
body shall not grant approval unless allotments for every type of use are available. For
example: If a proposal requires that allotments be granted for free-market residential
units, affordable housing units and commercial space, and there are no remaining
allotments for free-market residential for the year, the project shall be denied. No partial
approvals shall be granted. In the above example, the project shall be denied in total and
not granted allotments for the affordable housing units or the commercial space. Also see
multi -year allotments below.
9. Nonassi ng ability of growth allotments. Development allotments obtained pursuant to
this Chapter shall not be assignable or transferable independent of the conveyance of the
real property on which the development allotment has been approved.
10. Multi -year growth allotments. Projects requiring development allotments in excess of the
annual allotment may be granted a multi -year allotment, pursuant to Subsection
26.470.090.1, or may gain allotments over a multi -year period, provided that the
allotment gained in any one (1) year shall not exceed the annual allotment.
For example, a project requesting fifty thousand (50,000) square feet of commercial
space may request either a one-time, multi -year allotment of fifty thousand (50,000)
square feet or may request approval in the first year for twenty-five thousand (25,000)
square feet and request approval for the remaining twenty-five thousand (25,000) square
feet in a subsequent year.
Gaining allotments in any year shall not guarantee that allotments will be granted in later
years for the same project. Projects requiring a multi -year allotment shall not be granted
a development order until all elements of the project have been granted allotments. If the
design of a project changes prior to receiving the full allotment needed for a development
order, the reviewing body shall determine if the changes are acceptable or if the change
invalidates the previously granted allotment and requires a resubmission for allotments.
Applications for each year's allotment need to be submitted, and there shall be no
preferential status given to a project granted partial allotment.
Projects that do not require allotments in excess of the annual allotment shall not be
eligible to gain partial allotments. See No partial approvals above.
26.710.230 Academic (A).
A. Purpose. The purpose of the Academic (A) Zone District is to establish lands for
education and cultural activities with attendant research, housing and administrative facilities.
All development in the Academic Zone District is to proceed according to a conceptual
development plan and final development plan approved pursuant to the provisions of Chapter
26.445, Planned Unit Development.
D. Dimensional requirements. The dimensional requirements which shall apply to all
permitted and conditional uses in the Academic (A) Zone District shall be set by the adoption of
a conceptual development plan and final development plan, pursuant to Chapter 26.445, Planned
Unit Development.
Exhibit C - Pabe 19 of 23
COMMERCIAL DESIGN REVIEW
26.412.040. Review procedure.
A. Review Process. Commercial design review is divided into a two-step process known as
conceptual design and final design. Pursuant to Section 26.304.020 of this Title, Pre -application
conference, applicants are encouraged, although not required, to meet with a City Planner of the
Community Development Department to clarify the requirements of this Section and to
determine if a project may be exempted from the provisions of this Section.
Consolidation of applications and combining of reviews. The procedures for commercial design
review include a two-step process requiring approval by a Commission of a conceptual design
and then a final design. If a development project involves additional City land use approvals, the
Community Development Director may consolidate or modify the review process accordingly,
pursuant to Subsection 26.304.060.13 of this Title.
If a proposed development, in the opinion of the Community Development Director and in
consultation with the applicant, does not require growth management review and is of limited
scope, the Director may authorize the application to bypass conceptual design review and be
reviewed only for final design. In this circumstance, the City Council shall be promptly notified
of the Director's decision and afforded the opportunity to call-up the decision pursuant to
Subsection 26.410.040.13, Appeals, notice to City Council and call-up.
When the Historic Preservation Commission has purview over commercial design review, an
application for commercial design review shall be consolidated with the appropriate review
process as required by Section 26.415.070, Development Involving Designated Property. When
an application is considered consolidated and a conflict between this Chapter and Chapter
26.415, Development Involving the Aspen Inventory of Historic Landmark Sites and Structures
or Development in an "H," Historic Overlay District, arises, the regulations of Chapter 26.415
shall supersede.
[No changes to subsections I — 5]
COMMON DEVELOPMENT REVIEW PROCEDURES
26.304.040. Initiation of application for development order.
An application for a development order may only be initiated by (1) a person or persons owning
more than fifty percent (50%) of the property subject to the development application and
proposed development; (2) the City Council or the Planning and Zoning Commission for the
purpose of amending the text of this Chapter or the Official Zone District Map (Chapter 26.310)
or to designate a Planned Unit Development (PUD) (Chapter 26.445) and (3) the City Council,
Planning and Zoning Commission or Historic Preservation Commission for the purpose of
designating an H, Historic Overlay District or designating a property on the Aspen Inventory of
Historic Landmark Sites and Structures.
SIGNS:
26.510.020 Applicability and scope
This Chapter shall apply to all signs of whatever nature and wherever located within the Citv
except for those signs permitted through a Planned Unit Development (PUD).
Exhibit C - Page 20 o1'23
Chapter 26.590
TIMESHARE DEVELOPMENT
26.590.030 Exempt timesharing
[No changes to sections A - B]
C. Review standards for exemption. An applicant for exempt timesharing shall demonstrate
compliance with each of the following standards. These standards are in addition to those
standards applicable to the review of the subdivision exemption.
1. The proposal shall not conflict with any applicable deed restrictions or private covenants
or with any provisions of the Colorado Statutes. If the proposal is for a condominium, it
shall comply with the applicable provisions of Subsection 26.590.070.I of this Code.
2. All units to be converted to timesharing shall comply with the City's adopted Fire, Health
and Building Codes. If any unit does not comply with said Codes, then no sale of an
interest in that unit shall be closed until a Certificate of Occupancy has been issued that
brings the unit into compliance.
All dwelling units to be converted to timesharing shall comply with the requirements of
the zone district in which they are located and all other applicable standards of this Code
or with the requirements of any PUD or other site specific development approval granted
to the property.
4. The conversion of any multi -family dwelling unit that meets the definition of residential
multi -family housing to timesharing shall comply with the provisions of Section
26.470.070(5), Demolition or redevelopment of multi -family housing, even when there is
no demolition of the existing multi -family dwelling unit.
5. The marketing, sales, management and operation of the timeshare estates shall comply
with the provisions of Subsection 26.590.070.F and 26.590.070.J, of this Code.
6. A wall sign shall be mounted on each building stating that it has been approved by the
City for timesharing and providing the name and phone number of a management entity
or local contact person who can be called in the event of an emergency or to respond to
neighborhood concerns. The sign shall comply with the requirements of Subsection
26.510.030.13.22 of this Code.
7. Development shall be in compliance with the provisions of the Subdivision requirements
in Chapter 26.480 when new lots or units are created.
26.590.040. Procedure for review of timeshare lodge development application
All timesharing that is not eligible for an exemption shall be processed as follows:
[No changes to section A]
B. Consolidated PUD Review. The Community Development Director may determine that
because a timeshare lodge development is a conversion of an existing building or because of
Exhibit C - Page 21 of 23
•
•
the limited extent of the issues involved in the proposal, the three step PUD review process
should be consolidated into a two-step review, pursuant to Subsection 26.445.030.B.2,
Consolidated PUD Review. The Community Development Director is also authorized to
waive those PUD submission requirements from Section 26.445.060 and review standards
from Sections 26.445.040 and 26.445.050 that the Director finds are not applicable to a
proposed timeshare development.
C. Subdivision review. Timeshare lodge development shall also require subdivision approval.
Review of the subdivision application may be combined with PUD review, as authorized by
Subsection 26.304.060.13, Combined reviews, and by Subsection 26.445.030.B.5, Concurrent
associated reviews.
[No changes to sections D - E]
26.590.050. Contents of application
In addition to the general application information required in Section 26.304.030, Application
and fees and those application contents for PUD and subdivision, the application for timeshare
lodge development shall include the following information. For projects that require both
conceptual and final PUD review it is expected that this information will be provided in a
preliminary manner at the conceptual stage and in a detailed manner at the final stage.
[No changes to sections A - H]
26.590.070 Review standards for timeshare lodge development
An applicant for timeshare lodge development shall demonstrate compliance with each of the
following standards, as applicable to the proposed development. These standards are in addition
to those standards applicable to the review of the PUD and Subdivision applications.
A. Fiscal impact analysis and mitigation. Any applicant proposing to convert an existing
lodge to a timeshare lodge development shall be required to demonstrate that the proposed
conversion will not have a negative tax consequence for the City. In order to demonstrate the tax
consequences of the proposed conversion, the applicant shall prepare a detailed fiscal impact
study as part of the conceptual PUD application. The fiscal impact study shall contain at least
the following comparisons between the existing lodge operation and the proposed timeshare
lodge development:
[No changes to subsections 1-3]
B. Upgrading of existing projects. Any existing project that is proposed to be converted to a
timeshare lodge development shall be physically upgraded and modernized. The extent of the
upgrading that is to be accomplished shall be determined as part of the Conceptual PUD review,
considering the condition of the existing facilities, with the intent being to make the development
compatible in character with surrounding properties and to extend the useful life of the building.
1. To the extent that it would be practical and reasonable, existing structures shall be
brought into compliance with the City's adopted Fire, Health and Building Codes.
Exhibit C - Page 22 of 23
•
2. No sale of any interest in a timeshare lodge development shall be closed until a
Certificate of Occupancy has been issued for the upgrading.
[No changes to Section C]
D. Affordable housing requirements.
1. Whenever a timeshare lodge development is required to provide affordable housing,
mitigation for the development shall be calculated by applying the standards of the City's
housing designee for lodge uses. The affordable housing requirement shall be calculated
based on the maximum number of proposed lock out rooms in the development and shall
also take into account any retail, restaurant, conference or other functions proposed in the
lodge.
2. The conversion of any multi -family dwelling unit that meets the definition of residential
multi -family housing to timesharing shall comply with the provisions of Section
26.470.070(5), Demolition or redevelopment of multi -family housing, even when there is
no demolition of the existing multi -family dwelling unit.
[No changes to sections E - A
26.590.090. Timeshare documents
At the same time the applicant submits the PUD development plan and PUD agreement to the
City for recordation, pursuant to Section 26.490, Development Documents, or submits the
necessary documents to record the subdivision exemption, the applicant shall also submit the
following timeshare documents in a form suitable for recording. The Community Development
Director may require the applicant to submit a draft version of these timeshare documents at the
time of submission of the Conceptual PUD application.
[No changes to sections A-B]
Exhibit C - Page 23 of 23
� �zhibit L�
RESOLUTION NO. 66,
(SERIES OF 2013)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING
CODE AMENDMENTS TO THE PLANNED UNIT DEVELOPMENT (PUD) AND
SPECIALLY PLANNED AREA (SPA) CHAPTERS IN THE LAND USE CODE.
WHEREAS, pursuant to Section 26.310.020(A), the Community Development
Department received direction from City Council to explore code amendments related to
the PUD and SPA Chapters in the Land Use Code; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach with City Council regarding the code
amendment; and,
WHEREAS, the Community Development Director recommended changes to the
PUD and SPA Chapters in the Land Use Code; and,
WHEREAS, City Council has reviewed the proposed code amendment policy
direction, and finds it meets the criteria outlined in Section 26.310.040; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public
hearing on January 28, 2013, the City Council approved Resolution No. 66, Series of 2013,
by a three to zero (3 — 0) vote, requesting code amendments to the PUD and SPA Chapters
in the Land Use Code; and,
WHEREAS, this Resolution does not amend the Land Use Code, but provides
direction to staff for amending the Land Use Code; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1: Code Amendment 0 )Jective and Direction
The objective of the proposed code amendments is to update the PUD and SPA Chapters in
the Land Use Code to ensure a more predictable process. City Council provided the
following direction related to the code amendment:
• Update and consolidate review standards where possible to eliminate redundancies
and provide greater clarity.
• Establish three (3) levels of amendment process for PUD and SPA: Administrative,
P&Z only, City Council only.
Resolution No 66, Series 2013
Page] of 2
• Amend PUD and SPA to a three (3) step process where Conceptual Review is
binding through a City Council Ordinance:
o Step 1: P&Z review of Conceptual, recommendation to City Council.
o Step 2: City Council review of Conceptual, approval by Ordinance that
establishes all dimensional and use requirements.
o Step 3: P&Z review of Final, approval of final details (ex: exact utility line
placement, building materials, etc) by Resolution. Any changes to height or
floor area dimensions or uses variations established in the Council
Conceptual Ordinance would require City Council review and approval.
Any other dimensional changes could be approved as part of P&Z.'s final
review.
• Combine PUD and SPA into one chapter.
Section 2:
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 3:
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 24th day of June 2013.
Steve Skadro , Mayor
ATTEST:
K2
Kathry§S.c!h�:, City Clerk
APPROVED AS TO FORM:
ames R True, City Attorney
Resolution No 66, Series 2013
Page 2 of 2
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF
Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
Mov�c�-�► r�vv�2_ 2_L -. 20I3
STATE OF COLORADO )
) ss.
Count-,, of Pitkin )
(name, please print)
being or rep esenting an Applicant to th City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E)�of the Aspen Land Use Code in the following manner:
(/ Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice. By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
and was continuously visible from the _ day of , 20_, to
and including the date and time of the public hearing. A photograph of the posted
notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(Continued on next page)
E
•
Rezoning or text amendment: Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall be
waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this /D day
of 20d, by Sc-
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:— /
��QL4 ' i�uk Eat,���
Notary Public
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
PUBLIC NOTICE
RE: AMENDMENTS TO THE CITY OF ASPEN
LAND USE CODE
NOTICE IS HEREBY GIVEN that a public hearing
will be held on Monday. June 24, 2013. at a meet -
mg to begin at 5.00 p.m. before the Aspen City
Council, Council Chambers, City Hall, 130 S. Gale-
na St., Aspen, to determine if an amendment to the
text of the Land Use Code should be pursued. The
potential amendment would update and amend the
Planned Unit Development (PUD), Specially
Planned Area (SPA) and Subdivision chapters of
the Land Use Code. For further information, con-
tact Jessica Garrow at the City of Aspen Commu-
nity Development Department, 130 S. Galena St.,
Aspen, CO, (970) 429-2780.
lessica.garrow ® ci.aspen.co.us.
a/ Michael Ireland, Mayor
Aspen City Council
Published in the Aspen Times Weekly on June 6.
2013. (9239288)