HomeMy WebLinkAboutordinance.council.027-02 ORDINANCE NO. 27
(SERIES OF 2002)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING TEXT
AMENDMENTS THAT AMEND MUNICIPAL CODE SECTION 26.222, DESIGN
REVIEW APPEALS COMMITTEE, SECTION 26.308, VESTED RIGHTS:
SECTION 26.310, AMENDMENTS TO LAND USE CODE AND OFFICIAL ZONE
DISTRICT MAP; SECTION 26.314. VARIANCES; SECTION 26.316, APPEALS;
SECTION 26.425. CONDITIONAL USE; SECTION 26.430, SPECIAL REVIEW;
SECTION 26.435, ENVIRONMENTALLY SENSITIVE AREA; SECTION 26.440,
SPECIALLY PLANNED AREA; SECTION 26.445, PLANNED UNIT
DEVELOPMENT; SECTION 26.450, TEMPORARY USE; SECTION 26.480,
SUBDIVISION; SECTION 26.500. COWOP: SECTION 26.520. ACCESSORY
DWELLING UNITS; SECTION 26.575, WIRELESS TELECOMMUNICATION
FACILITIES AND EQUIPMENT: AMENDING THE PUBLIC NOTICING
REQUIREMENTS FOR PUBLIC HEARINGS, CITY OF ASPEN. PITKIN
COUNTY, COLORADO.
WHEREAS, the Community Development Department proposed an applieation
for an amendment to Title 26. the City of Aspen Land Use Code; and, ~ ' ~
WHEREAS, pursuant to Sections 26.310.040, City CoUncil, in accordlmc~ with
the procedures, standards, and limitations of this Chapter, shall by Ordinance approge or
deny a Code Amendment application for Amendment to the Land Use Q~de and OffiCial
Zone District Map, after recommendation by the Community De3el0pment Depar~ent
and the Planning and zoning Commission pursuant to Land Use 'Cod~ S'~i~)n
26.430.020: and,
WHEREAS, the CommUnity Development Department initiated and reviewed an
application for proposed code amendments to amend the public heating noticing
requirements to require all land use public hearings, with the exception of minor HPC
and GMQS applications, to be noticed in accordance with Land Use Code Section
26.304.060(E)(3)(a)(b)(c), Public Notice; pursuant to Land Use Code Section 26.310.040
and recommended approval; and,
WHEREAS. during a duly noticed public hearing on JUne 18. 2002, the Planning
and Zoning Commission approved Resolution No. 21, Series of 2002, by a slx to zero ~6-
0) vote, recommending that City Council approve code amendments to amend the publi~
heating noticing requirements to require all land use public hearings, with the excepti~TM
of minor HPC and GMQS applications: to be noticed in accordance with Land Use Code
Section 26.304.060(E)(3)(a)(b)(c), Public Notice; and,
WHEREAS, the Aspen City Council has reviewed and considered the propoged
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 Community Development Director, the applicable referral agencies, and
has taken and considered public comment at a public hearing; and,
WHEREAS, the City Council fmds that the development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal,
with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the City Council finds that this 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 public hearing noticing requirements to
require all public heatings, with the exception of minor HPC and GMQS applications, ro
be noticed in accordance with Land Use Code Section 26.304.060(E)(3)(a)(b)(c) and to
add clarifying language regarding the public noticing requirements for rezoning
applications, is approved as noted in the following sections:
Section 2:
That Section 26.222.070(B) of the Aspen Municipal Code shall be amended to
read as follows:
Section 26.222.070(B) Meetings, hearings, and procedure.
All meetings of the Design Review Appeals Committee shall be open to
the public, and project sites for specific appeals shall be required to post
the property at least fifteen (15) days prior to the public hearing before the
Committee. Public hearings shall also require publication and mailing of
notice pursuant to Section 26.304.060(E)(3)(a)(b)(c).
Section 3:
That Section 26.308.010(B)(1) of the Aspen Municipal Code shall be amended to read as
follows:
Section 26.308.010(B)(1) Exemption from expiration of Vested Rights.
The City Council may by resolution at a public heating noticed by publication,
mailing, and posting ?See Section 26.304.060(E)(3)(a)(b)(c)) approve an
exemption of the expiration of vested rights m accordance with this Section.
Only Subdivisions composed of detached residential or duplex units shall be
eligible for the exemption from the expiration prowsions of Section
26.304.070(D). To obtain an ~xemption, an application for exemption shall be
submitted at any time prior to/the third anniversary of the effective dare of the
development order which ~hall demonstrate to the satisfaction of City Council
that
a. Those conditions applied to a project at the time of final
approval that were to have been met as of the date of application
for exemption have been complied with; and
b. Any public, or private improvements that were required to be
installed by the applicant prior to construction of any dwelling
unit have been installed.
Section 4:
That Section 26.308.010(C) of the Aspen Municipal Code shall be amended to read as
follows:
Section 26.308.010(C) EXtension or Reinstatement of Vested Rights.
The City Council may by resolution at a public heating noticed by publication,
mailing, and posting (See Section 26.304.060(E)(3)(a)(b)(c)) approve an
extension or reinstatement of expired vested fights or a revoked development
order in accordance with this Section.
1. In reviewing a request for the extension or reinstatement of
vested fights the City Council shall consider, but not limited to,
the following criteria:
a. The applicant's compliance with any conditions
requiring performance prior to the date of application for
extension or reinstatement;
b. The progress made in pursuing the project to date
including the effort to obtain any other permits,
including a building permit, and the expenditures made
by the applicant in pursuing the project;
c. The nature and extent of any benefits already received
by the City as a result of the project approval such as
impact fees or land dedications;
d. The needs of the City and the applicant that would be
served by the approval of the extension or reinstatement
request.
2. An extension or reinstatement may be in the form of a written
agreement duly authorized and executed by the applicant and the
City. Reasonable conditions may be imposed by the City Council
including, but not limited to, compliance with any amendments to
this title adopted subsequent to the effective date of the
development order and associated vested fights.
3. If the request is for reinstatement of a revoked development
order, the City Council shall determine the financial impacts of
the investigation and may require the apPlicant to pay the
reasonable costs of investigation, enforcement and reporting by
City staff.
Section 5:
That Section 26.308.010(E) of the Aspen Municipal Code shall be amended to read as
follows:
26.308.0100g) Revocation.
The City council may by resolution at a public hearing nOticed by publicati°n,
mailing to the applicant, and posting (See Section 26.304.060(E)(3)(a)(b)(c))
revoke a development order and associated vested rights upon a finding that:
1. The terms and conditions of the development order have not been met; or
2. The development order is void within the meaning of Section
26.104.050
Section 6:
That Section 26.310.020(B) of the Aspen Municipal Code shall be amended to read as
follows:
26.310.020(B) Amendments to the Land Use Code and Official Zone District
Map: Procedure for amendment.
Steps Required: Unless initiated by the City CoUncil in accordance with
subsection C below, two steps are required: (a) a public hearing before the
Planning and Zoning Commission, and (b) a public hearing before the City
Council.
1. Step One - Public Hearing before Planning and Zoning Commission.
a. Purpose: To determine if application meets standards for
amendment to code text or official zone district map.
b. Notice requirements for a privately initiated Amendment to the
Official Zone District Map: Publication, Mailing, and Posting. (See
Section 26.304.060(E)(3)(a)(b)(c)).
Notice requirements for an Amendment to the Official Zone
District Map initiated by the City: Publication, Mailing to property
owners that are subject to the rezoning application at least fifteen
(15) days prior to the public hearing.
Notice requirements for an amendment to the Land Use Code:
Publication pursuant to Section 26.304.060(E)(a).
2. Step Two - Public Hearing before City Council.
a. Purpose: To determine if application meets standards for
amendment to code text or official zone district map.
b. Notice requirements for a privately initiated Amendment to the
Official Zone District Map: Publication, Mailing, and Posting (See
Section 26.304.060(E)(3)(a)(b)(c) in addition to the requisite
notice requirements for adoption of an ordinance by City Council.
Notice requirements for an Amendment to the Official Zone
District Map initiated by the City: Publication, Mailing to property
owners that are subject to the rezoning application at least fifteen
(15) days prior to the public heating in addition to the requisite
notice requirements for adoption of an ordinance by City Council.
Notice requirements for an amendment to the Land Use Code:
Publication pursuant to Section 26.304.060(E)(a) in addition to the
requisite notice requirements for adoption of an ordinance by City
Council.
Section 7:
That Section 26.314.040(B)(1) of the Aspen Municipal Code shall be amended to read as
follows:
26.314.040(B)(1) Variances: Standards applicable to variances.
In order to authorize a variance from the permitted uses of Title 26, the
appropriate decision making body shall make a finding that all of the following
circumstances exist:
1. Notice by publication, mailing and posting of the proposed variance has
been provided to surrounding property owners in accordance with Section
26.304.060(E)(3)(a)(b)(c).
Section 8:
That Section 26.314.040(C) of the Aspen Municipal Code shall be amended to read as
follows:
26.314.050(C) Variances: Procedure for variance approval.
Steps Required. One step is required to review an application for a variance: A
public heating before the appropriate decision making body.
Notice requirements: Publication, Mailing and posting (See Section
26.304.060(E)(3)(a)(b)(c)).
Section 9:
That Section 26.425.050(C) of the Aspen Municipal Code Shall be amended to read as
follows:
26.425.050{C) Conditional Use: Procedure for review.
Notice requirements: P6blication, mailing and posting (See Section
26.304.060(E)(3)(a)(b) & (c)).
Section 10:
That Section 26.430.050(C) of the Aspen Municipal Code shall be amended to read as
follows:
26.430.050{C) Special Review: Procedure for special review approval.
Notice Requirements: Pfiblicati0n, mailing, and p0stihg (s~e Section
26.304.060(E)(3)(a)Co)(c)).
Section 11:
That Section 26.435.070(C) of the Aspen Municipal Code shall be amended to read as
follows:
26.435.070(C) Environmentally Sensitive Area: Procedure for approval of
development in ESA~
Notice Requirements: Publication, mailing, and posting (See Section
26.304.060(E)(3)(a)(b)(c).
Section 12:
That Section 26.440.040(C)(1)(b) of the Aspen Municipal Code shall be amended to read
as follows:
26.440.040(C)(1)(b)~ SPA: Procedures for Review.
Steps Required: Unless consolidated in acc6rdance ~ith subsegtion B above, four
steps are required for the review and approval of an application for development
within a Specially Planned Area (SPA):
Step One - Public Hearing before the Planning and Zoning Commission.
b. Notice requirements: Publication, mailing, and posting (See Section
26.304.060(E)(3)(a)(b)(c).
Section 13:
That Section 26.440.040(C)(2)(b) of the Aspen Municipal Code shall be amended to read
as follows:
Step Two - Public Hearing before City Council
b. Notice requirements: Requisite notice requirements for adoption of a
resolution by City Council and publication, posting and mailing. (See
26.304.060(E)(3)(a),(b), and (c).
Section 14:
That Section 26.440.040(C)(3)(b) of the Aspen Municipal Code shall be amended to read
as follows:
Step Three - Public Hearing before the Planning and Zoning Commission.
b. Notice requirements: Publication, posting and mailing. (See
26.304.060(E)(3)(a),(b), and (c).)
Section 15:
That Section 26.440.040(C)(4)(b) of the Aspen Municipal Code shall be amended to read
as follows:
Step Four - Public Hearing before the City Council.
b. Notice requirements: Requisite notice requirements for adoption of an
ordinance by City Council and publication, posting and mailing. (See
26.304.060(E)(3)(a),(b), and (c)).
Section 16:
That Section 26.445.030(C) of the Aspen Municipal Code shall be amended to read as
follows:
26.445.030(C) PUD: Procedures for Review.
Steps Required: There are four steps required for the review of a pUD
development plan. Consolidated and Minor PUD reviews require only steps three
and four.
Step One -- Conceptual Review before Planning and Zoning Commission.
Purpose: To determine if appli~atinn meets standards for conceptual PUD.
Notice requirements: Pubhcation, mailing, and posting (See Section
26.304:060(E)(3)(a)(b)(c)
Standards of review: Section 26.445.050.
P&Z action: Resolution recommending City Council approve, approve with
conditions, or disapprove a conceptual development plan.
Step Two -- Conceptual Review before City Council -- Public Hearing.
Purpose: To review recommendations oithe Community Development
Director and Planning and Zoning Commission and to determine if
the application meets the standards for conceptual review of a PUD.
Notice requirements: Requisite notice requirements for adoption of a resolution by City
Council and publication, posting, and mailing. (See
26.304.060(E)(3)(a),(b), and (c).)
Standards of review: Section 26.445.050.
City Council action: Resolution approving, approving with conditions, or disapproving
conceptual plan for PUD.
Step Three -- Final Review before the Planning and Zoning Commission -- Public Hearing.
Purpose: To review application for final development plan to determine if it
meets the standards for a fmal PUD.
Notice requirements: Publication, posting, and mailing. (See 26.304.060(E)(3) (a),(b), and
¢)3
Standards of review: Section 26.445.050.
P&Z action: Resolution recommending City Council approve, approve with
conditions, or disapprove a final development plan. The Commission
may, by Resolution, approve, approve with conditions, or disapprove
an amendment to a final development plan, pursuant to 26.445.100.
Step Four -- Final Review before the City Council -- Public Hearing.
Purpose: T~ review recommendations'by the Community Development
Director and the Planning and Zoning Commission and to determine
if application for final development plan meets the standards for a
PUD.
Notice requirements: Requisite notice requirements for adoption of an ordinance by City
Council and publication, posting, and mailing. (See
26.304.060(E)(3)(a),(b), and (c).)
Standards of review: Section 26.445.050
City Council action: Ordinance approving, approving with conditions, or disapproving the
final PUD development plan.
Section 17:
That Section 26.450 of the Aspen Municipal Code shall be amended to read as follows:
26.450.060 Temporary Use: Procedure for temporary use approval.
A development application for temporary use shall be iubmitt~d tO the
Community Development. If the Community Development Director
determines that the proposed temporary use is insubstantial in accordance with
the criteria set forth at Sections 26.450.020 and 26,450:030, he may grant, or
grant with conditions, the insubstantial temporary use. The Community
Development Director may as part of the determination whether the temporary
use is insubstantial, require the applicant to provide notice to surrounding
property owners with the an opportunity to comment by a date certain. The
form and method of such notice shall be in the sole discretion of the
Community Development Director taking into account the nature of the
temporary use and its potential impacts upon the immediate vicinity. If the
Community Development Director determines that the proposed temporary use
is not insubstantial, he shall forward same with comments and
recommendations to City Council. City Council shall then after a public
hearing approve, approve with conditions, or deny the application. The hearing
before City Council shall be preceded by timely notice (publication, posting
and mailing) as specified in Section 26.304.060(E)(3)(a)(b) and (c), and all
hearings shall be conducted in accordance with the procedures set forth in
Section 26.304.060(C) of this Title.
Section 18:
That Section 26.480(C)(1)(b) of the Aspen Municipal Code shall be amended to read as
follows:
26.480.040(C)(1)(b) & SUbdivision: Procedures for review.
Subdivisions
S~ep One - Public Heating before Planning and Zoning Commission
b. Notice requirements: Publication, posting and mailing. (See
26.52.060(E)(3)(a)(b)(c)).
Section 19:
That Section 26.480(C)(2)(b) of the Aspen MUnicipal Code shall be amended to read as
follows:
Step Two - Public Hearing before City Council.
b. Notice requirements: Publication, mailing, and posting in addition
to he requisite notice requirements for adoption of an ordinance bY
City Council.
Section 20:
That section 26.500.050(A) of the Aspen Municipal Code shall be amended to read as
follows:
26.500.050(A) COWOP: Procedure.
Community Development Director
A. Community Development Director. The Community Development
Director, upon determining that the proposed development application may be
eligible for consideration as a project reasonably necessary for the convenienoe or
welfare of the public may consult with the Planning and ZOning Commission
regarding the proposed development's eligibility and shall thereafter prepare a
memorandum for the City Council that: (a) outlines the reasons for consideration
as an eligible project; (b) sets forth the conclusions of any referral comments
received by the Community Development Director, if any; (c) includes the
procedures the applicant Would be required to follow if the project is determined
not to be an eligible project; (d) includes a recommendation on the alternative
procedure to be followed should the project be determined to be an eligible
project; and (e) includes a recommendation as to the appropriate City boards and
commissions and other interested parties necessary for the review of the project.
The Community Development Director, before preparing such a memorandum for
the City Council may convene a technical staff meeting consisting of the
applicant, the applicant's representative, City staff members, consultantS, and any
other persons for the purpose of identifying and resolving any potential issues
associated with the provision of utilities and services, environmental constraints,
site engineering, access and circulation, anticipated public concerns, and any
other technical information which would assist the Community Development
Director to prepare the initial memOrandum to the City Council. The Community
Development Director shall formally notify the Planning and Zoning
Commission, the Historic Preservation Commission, and, if applicable, the
AspenJPitkin County Housing Authority, in writing, of the date of the hearing
before the City Council at which time a determination is to be made concerning
eligibility of the proposed development pursuant to this Chapter. The Community
Development Director shall provide notice to the public, including publication,
posting and mailing, in accordance with Section 26.304.060(E)(3)(a)(b)(c).)
Section 21:
That Section 26.500.050(E) of the Aspen Municipal Code shall be amended to read as
follows:
26.500.050(E) COWOP: Procedure.
City Council Adoption of Ordinance
City Council upon receipt of the report and proposed ordinance from the
Community Development Director shall approve, approve with conditions, or
disapprove an ordinance granting a development order for the proposed
development. The review shall be a public hearing for which notice has been
published, posted, and mailed, pursuant to Section 26.30.060(E)(3)(a)(b)(c).)
Section 22:
That Section 26.520.080(D) of the Aspen Municipal Code shall be amended to read as
follows:
26.520.080(D) Accessory Dwelling Units: Procedure
Special Review
An application requesting a variance from the ADU design standards, or an appeal of a
determination made by the Community Development Director, shall be processed as a
Special Review in accordance with the Common Development Review Procedure set
forth in Section 26.304. The Special Review shall be considered at a public hearing for
which notice has been published, posted and mailed, pursuant to Section
26.304.060(E)(3)(a)(b and c).
Review is by the Planning and Zoning Commission. If the property is listed on the Aspen
Inventory of Historic Landmark Sites and Structures or within a Historic Overlay
District, and the application has been authorized for consolidation pursuant to Section
26.304, the Historic Preservation Commission shall consider the Special Review.
A Special Review for an ADU may be approved, approved with conditions, or
denied based on conformance with the folloWing criteria:
1. The proposed ADU is designed in a manner which promotes the
purpose of the ADU program, promotes the purpose of the zone
district in which it is proposed, and promotes the unit's general
livability; and,
2. The proposed ADU is designed to be compatible with, and
subordinate in character to, the primary residence considering all
dimensions, site configuration, landscaping, privacy, and
historical significance of the property; and,
3. The proposed ADU is designed in a manner which is compatible
with or enhances the character of the neighborhood considering
all dimensions, density, designated view planes, operating
characteristics, traffic, availability of on-street parking,
availability of transit services, and walking proximity to
employment and recreational opportunities.
Section 23:
That Section 26.316.020(B) of the Aspen Municipal Code shall be amended to read as
follows:
26.316.020(B) Appeals: Authority
B. City Council. The City COuncil shall have the authority to hear and decide
the following appeals:
1. An interpretation to the text of this Title or the boundaries of the
zone district map by the Community Development Director in accordance
with Chapter 26.306. An appeal of this nature shall be a public meeting.
2. Any action by the Historic Preservation Commission in approving,
approving with conditions, or disapproving a development apPlication for
development in an "H,", Historic Overlay District pursuant to Chapter
26.415. An appeal of this nature shall be a public meeting.
3. The scoring determination or allocations of the Growth
Management Commission pursuant to Chapter 26.470. An appeal of this
nature shall be a public meeting.
4. Any other appeal for which specific authority is not granted to
another board or commission as established by this Title. An appeal of
this nature shall be a public meeting.
Section 24:
That Section 26.316.030(F) of the Aspen Municipal Code shall be amended to read as
follows:
26.316.030(F} Appeal Procedures: Action by the deciSion-makin~ body hearin~
the appeal:
The decision-making body hearing the appeal may reverse, affirm, or modify the
decision or determination appealed from, and, if the decision is modified, shall be
deemed to have all the powers of the officer, board or commission from whom the
appeal is taken, inclUding the power to impose reasonable conditions to be complied
with by the appellant. The decision shall be approved by written resolution. All
appeals shall be public meetings.
Section 25:
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 26:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional ~n a court of competent jurisdiction, such portion
shall be dec~aed a separate, distinct and independent provision and shall no] affect the
validity of the remaining portions thereof.
Section 27:
A public heating on the ordinance shall be held on the 26th day of August, 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 22nd day of July, 2002.
R~lel~ Ka~fl-Kl~ u~, I~l'~y(~r
Attest:
Kathryn S. ~6ch, City Clerk
FINALLY, adopted, passed and approved by a five to zero (5-0) vote on this 26th day of
August, 2002.
Attest:
Kathryn S. ~ch, City Clef
Approved as to form:
John'P. ~¢V~rcester, City ARorney