HomeMy WebLinkAboutordinance.council.017-02 ORDINANCE NO. 17
(SERIES OF 2002)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING TEXT
AMENDMENTS TO MUNICIPAL CODE SECTIONS 26~3i~, APPEALS, AND
26.470, GROWTH MANAGE~NT QUOTA SYSTEM, AMENDING THE
REVIEW AUTHORITY OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION TO INCLUDE ALL GROWTH MANAGEMENT QUOTA SYSTEM
EXEMPTIONS THAT ARE CURRENTLY REVIEWED BY THE JOINT CITY OF
ASPEN/PITKIN COUNTY GROWTH MAN~GE~NT COMMISSioN, cITy OF
ASPEN. PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department proposed an application
for an amendment to Title 26, the City of Aspen Land Use Code; and,
WHEREAS, pursuant to Sections 26.310.040, City Council, in accordance with
the procedures, standards, and limitations of this Chapter, shall by Ordinance approve or
deny an application for Amendment to the Land Use Code and Official Zone District
Map, after recommendation by the Commmfity Development Department and the
Planning and Zoning Commission pursuant to Land Use Code Section 26.430.020; and,
WHEREAS, the Community Development Department initiated and reviewed an
application for proposed code amendments to change the review authority for all types of
GMQS exemptions from a review by the GroWth Management Commission to a review
solely by the City of Aspen Planning and Zoning Commission pursuant to Land Use
Code Section 26.310.040 and recommended approval; and,
WHEREAS, during a duly noticed public heating on May 21, 2002, the Planning
and Zoning Commission approved Resolution No. 15, Series of 2002, by a six to zero (6-
0) vote, recommending that City Council approve code amendments to allow the Planning
and Zoning Commission sole review authority on GMQS Exemption applications that are
currently reviewed by the Growth Management Commission; and,
WHEREAS, the Aspen City Council has reviewed and considered the proposed
code amendments under the applicable provisions of the Municipal Code as identified
herein, has reviewed and considered the recommendation of the Planning and Zoning
Commission, the Con~nunity Development Director, the applicable referral agencies, and
has taken and considered public comment at a public heating; and,
WHEREAS, the City Council finds that the code amendments meets or exceeds all
applicable development standards and that the approval of the amendment, is consistent with
the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that th/s Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Code Amendment application to amend the review authority on all types of GMQS
Exemptions from the Growth Management Commission to the City of Aspen Planning
and Zoning Commission, is approved as noted in the following sections:
Section 2
That Section 26.316 of the Aspen Municipal Code shall be amended to read as follows:
26.316~ Appeals~ Purpose Statement
The purpose of this Chapter is to establish the authority of the Board of
Adjustment, Growth Management Commission, the Planning and Zoning
Commission, and City Council to hear and decide certain appeals and to
set forth the procedures for said appeals.
Section 26.316.020(C'h Planning and Zoning Commission Review
Authority
Planning and Zoning Commission. The Planning and Zoning
Commission shall have the authority to hear and decide an appeal from
an adverse determination by the Community Development Director on
an application for exemption pursuant to the growth management quota
system in accordance with Section 26.470.060(D).
Section 3
That Section 26.470 of the Aspen Municipal Code shall be amended as it relates to
GMQS Exemptions that were under the Growth Management Commission's Review
Purview and shall read as follows:
Section 26.470.070(D)(2)(b), Historic Landmark Exemptions:
More than one residential dwelling or more than three (3) hotel, motel,
lodge, bed and breakfast, boardinghouse, roominghouse or dormitory units
shall be exempted. This exemption is not deducted from annual allotments
or from Aspen Metro Area ceilings. Review is by Planning and Zoning
Commission. The applicant shall demonstrate that as a result of the
development, mitigation of the project's community impacts will be
addressed by the standards set forth at sub-Section 5, below
Section 26.470.070(D)(3)(b), Historic Landmark Exemptions
Increase in FAR and net leasable square footage. The increase in FAR and
net leasable square footage for a historic landmark to be used as a
commercial_ office, or mixed use development including a residential
component shall be reviewed by the Planmng and Zoning Commission for
an exemption. The applicant shall demonstrate that as a result of the
development, mitigation of the project's community impacts will be
addressed by the standards set forth at sub-Section 5, below. Upon a
recommendation from the Planning and Zoning Commission. City Council
may waive, reduce, or defer the affordable housing mitigation as required,
pursuant to subsection 5(a) below, when it finds that no employees will be
generated.
Section 26.470.070(1))(4), Enlargements for mixed-use development
The enlargement of an historic landmark for mixed-use as a commercial,
office or lodge development and that adds a residential dwelling unit, that
increases the building's or parcel's existing floor area ratio and its net
leasable square footage shall be exempt. This exemption is not deducted
from armual allotments or from Aspen Metro Area ceilings. Review is by
Planning and Zoning Commission. The applicant shall demonstrate that as
a result of the development, mitigation of the project's community impacts
will be addressed by the standards set forth at sub-Section 5, below.
Section 26.470.070(D)(5)(c), Off-site impacts
The development's water supply, sewage treatment, solid waste disposal,
drainage control, transportation and fire protection impacts shall be
mitigated to the satisfaction of the Planning and Zoning Commission.
Section 26.470.070(E)(2), Expansion Of commercial or office uses
An expansion of an existing commercial or office building of two hundred
fifty-one (251) to five hundred (500) net leasable square feet, excluding
employee housing shall be reviewed by the Planning and Zoning
Commission. Expansion of a building which occurs in phases shall be
limited to a maximum cumulative total of five hundred (500) net leasable
square feet and shall be evaluated in terms of the cumulative impact of the
entire expansion.
Section 26.470.070(F)~ Change in use
A change in use of an existing structure between the residential,
commercial/office and tourist accommodations categories (irrespective of
direction) for which a Certificate of Occupancy has been issued for at least
two (2) years and which that is intended to be reused, shall be exempt
from the growth management competition and scoring procedures. This
exemption is deducted from the respective annual development allotment
established pursuant to Section 26.470.040 and from the Aspen Metro
Area development ceilings established pursuant to Section 26.470.030.
Review is by Planning and Zoning Commission. This exemption is
available provided the following conditions are met:
Section 26.470.080(B)(3) (c)~ Planning and Zoning Commission
Review
After the Community Development Director has determined that the
application for exemption is complete, the application shall be forwarded
to the Planning and Zoning Commission for review and consideration at a
public hearing. Notice of the hearing shall be by publication, posting, and
mailing (See Section 26.304.060(E)). The Planning and Zoning
Commission shall by resolution approve, approve with conditions, or
disapprove the application. In the event that there are insufficient
allotments available to accommodate all applications for exempt
development, a random drawing shall be held in accordance with the
standards of Section 26.470.070(B)(4)i Applications for lodge, affordable
housing, or accessory commercial square footage development within the
Lodge Preservation (LP) Overlay Zone District shall be forwarded to the
Planning and Zoning Commission for review and consideration at a public
hearing after the Community Development Director has determined that
the application for exemption is complete and has made a recommendation
for approval, approval with conditions, or disapproval. Notice of the
heahng shall be by publication, posting, and mailing (See Section
26.304.060(E)). The Planning and Zoning Commission shall by resolution
approve, approve with conditions, or disapprove the application. In the
event that there are insufficient allotments available to accommodate all
applications for exempt development, a random drawing shall be held in
accordance with the standards of Section 26.470.080(B)(4).
Section 26.470.080(B){3)(d), City Conncil Review
An application for a lot split or conversion of residential reconstruction
credits to tourist accommodation units shall not be reviewed by the
Growth Management Commission, but instead shall be forwarded directly
to the City Council for consideration. Other than an application for a lot
split or conversion of residential reconstruction credits to tourist
accommodation units, an application for review by City Council requires a
two step process. Exemption requests for essential Public facilities or for
accessory uses in a mixed-use development shall require review by the
Planning and Zoning Commission and final review by the City Council.
Exemption requests for affordable housing or for free market residential
AH associated developments shall require review by the Housing Board
and final review bythe City Council. When two steps are required, the
following procedures must be adhered to:
Step One - After the Community Development Director has determined
that the application for exemption is complete, the application shall be
forwarded to the Board/Commission specified above (in the preceding
paragraph). Review by the Housing Authority shall be administered by the
Executive Director of the Authority and shall be referred to the Executive
Board as necessary. Review by the Planning and Zoning Commission
requires a public hearing for which notice has been published, posted, and
mailed (See Section 26.304.060(E)). The Commission shall by resolution
recommend to the City Council approval, approval with conditions, or
disapproval of the application.
26.470.080(D)(1) Appeal of adverse determination by Community
Development Director.
An appeal from an adverse determination by the Community Development
Director on an application for exempt development shall be to the
Plauning and Zoning Commission. The appeal procedures set forth at
Chapter 26.316 shall apply. The Planning and Zoning Commission may
reverse, affirm, or modify the decision or determination of the Community
Development Director based upon the application submitted to the
Community Development Director. The decision of the Plauning and
Zoning Commission shall constitute the final administrative action on the
matter.
26.470.110(A)(1) Amendment of development order.
Any change required to be made to a development order to respond to
conditions imposed upon the proposed development by the Growth
Management Commission, Planning and Zoning Commission, or the
City Council during the review of other development applications
relevant to the proposed development; and
Section 4:
That Section 26.470.080(B)(3)(b) of the Aspen Municipal Code be repealed and by
renumbering existing subsections C and D to B and C.
Section 5:
This Ordinance shall not effect 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 construed and concluded under such
prior ordinances.
.Section 6:
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 7:
A public hearing on the ordinance shall be held on the 8th day of July, 2002, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 10th day of June, 2002.
· Kathrvn S. K6~h. Citv Clerk
FINALLY, adopted, passed and approved by a five to zero (5-0) vote this 8th day of July,2002.
Attest: :~ i
Kathryn s. K~fi, City Clerk ~
Approved as to form:
Worcester, City Xttorney