HomeMy WebLinkAboutChapter 26.445 - Planned DevelopmentChapter 26.445
PLANNED DEVELOPMENT
Sections:
See.26.445.010.
Purpose.
See.26.445.020.
Applicability.
Sec.
26.445.030.
Scope and limitations.
Sec.
26.445.040.
Procedures for review.
Sec.
26.445.050.
Project review standards.
Sec.
26.445.060.
Use variations standards.
Sec.
26.445.070.
Detailed review standards.
Sec.
26.445.080.
Application contents.
Sec.
26.445.090.
Documents and deadlines.
Sec.
26.445.100.
Planned development designation on official zone district map.
See.26.445.110.
Amendments.
See.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 ands
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.
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.
(Ord. No. 36-2013, § 4)
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
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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 included in 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 the applicable
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 amendment
approval as set forth in Section 26.445.110, Amendments. 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.
(Ord. No. 10-1999,, § 2 (part); Ord. No. 52-1999, § 1; Ord. No. 3-2012, § 11; Ord. No. 36-2013, § 4)
26.445.030. Scope and Limitations.
A. General. Development on any land within a Planned Development may occur only after all
land use approvals are received a Development Order is issued, all requisite documents, agreements,
plats, have een filed, and the applicant has received all necessary hermits as required by the
Municipal Code and any other county, state or federal authority with jurisdiction over the land.
01B. Scope and Limitations of Project Review. Project Review shall set forth the overall concept
and general parameters of a project. The allowed land uses, layout mass and scale and�%imensions
,of the project including all deviations from zone district allowances and limitations shall be
established during Proiect Review.
C. Scope and Limitations of Detailed Review. Detailed -Review shall be used to perfect and
finalize detail asnects oftlrgro,ect within the parameters established during Project Review. Issues
'resolved durine Proiect Rcc ie-w shall not be revisited pr reconsidered as part of Detailed Review.
(Also see amendment procedures — Section 26.445,110.)
The approval of a Project Review and Detailed Review together constitute -,a Final Planned
DevelopTent Approval. A Development Order shall be issued after Detailed Review approval
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and the period of statrtory vested rights shall begin, subject to requirements oih velo rent
Orrler reoardino the snhmissinn and recording of certain documents. plats. plans. or agreements.
(Ord. No. 27-2002 § 16, 2002; Ord. No. 36-2013, § 4)
Sec. 26.445.040. 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 fort 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. Planned Development Review. All development proposed within a Planned Development
shall be subject to a tluee-step review consisting of the following steps: Public hearings are required
at each step.
1. Step One — Project Review before the Planning and Zoning Commission (or Historic
Preservation Commission, as applicable).
a) 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.
1 u�. uuv vv
deviations
b) Process: The Community Development Director shall provide the Planning and Zoning
Commission or Historic Preservation Commission, as applicable, 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 or Historic Preservation
Commission, as applicable, 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.
c) Standards of review: The proposed develo mn ent s all co Iv with Section 26 445 050,
Project Review Standards. If use variations are proposed, the proposed development shall
also comply with Section 26.445.060 Use Variation Standards.
d) Form of decision: The recommendation shall be by resolution_
e) 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 zone district: [list and description of land uses]."
a ,
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2. Step Two —Project Review before the City Council.
a) 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 protect.
The allowed land uses, lavout_snass and scale. and dimensions of the nroiect. including all
b) 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 or Historic Preservation Commission, as applicable, and comments and
testimony from the public at a duly noticed public hearing.
c) Standards of review: The proposed development shall comply witIrSection 26.445.050
for Project Approval Review. If variations in land uses are proposed, the proposed
development shall also comply with Section 26.445.060, Use Variation Standards.
d) Form of decision: City Council action shall be by ordinance approving, approving with
conditions or denying Project Review.
e) 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 zone
district: [list and description of land uses]."
If use variations are proposed as part of the project, City Council may, at its discretion,
temporarily halt the review and require an applicant repeat Neighborhood Outreach,
pursuant to Section 26.304.035. After one additional Neighborhood Outreach, City
Council shall resume and complete its review.
3. Step Three — Detailed Review with Planning and Zoning Commission or Historic
Preservation Commission, as applicable.
a) Purpose: To determine if the application meets the standards for Detailed Review.
Detailed Review shall focus on refining a proiect design and oneational characteristics,
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 nAbe
revisited as Rart of the Detailed Review. Approval of
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Detailed Review together with the Project Review approval shall constitute approval of a
Final Development Plan.
b) Process: The Community Development Director shall provide the Planning and Zoning
Commission or Historic Preservation Commission, as applicable, with a recommendation
to approve, approve with conditions, or deny the Detailed Review, based on the standards
of review. The Planning and Zoning Commission or Historic Preservation Commission, as
applicable, shall approve, approve with conditions or disapprove an Detailed Review after
considering the recommendation of the Community Development Director, and comments
and testimony from the public at a duly noticed public hearing.
c) Standards of review: The proposed development shall comply with Section 26.445.070.
Detailed Review.
d) Form of decision. The decision shall be by resolution.
e) Notice requirements: Publication, posting and mailing pursuant . to Section
26.304.060.E.3.a), b) and c).
C. 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 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
Detailed Review approval. Failure to gain Detailed 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 26.304.050.13.1 —
Combined Reviews.
Notwithstanding section 26.412.040.13, 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.
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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. Detailed Review Combined with Final Commercial Design Review. Unless waived by the
Community Development Director, after consultation with the applicant, an application for
Detailed 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.1 — 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 or Detailed Review Combined with Historic Preservation Review. An
applicant may request and the Community Development Director may determine that an
application for Project Review or Detailed 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
26.304.060(B)(1), Combined Reviews. When such combined review occurs, the Project
Review, or Detailed Review as applicable, and any other associated reviews shall be
completed by the Historic Preservation Commission.
A decision to combine Historic Preservation reviews during Project Review shall not preclude
or require combination during Detailed Review. For example, a Detailed Review may be
performed by the Historic Preservation Commission even if the HPC did not perform the
Project Review.
Notwithstanding sections 26.415.120.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.
(Ord. No. 25-2001, § 8; Ord. No. 36-2013, §4)
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 develonment 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 or the Historic Preservation Commission,
as applicable, and City Council shall consider the following:
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f VA. 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 30%, 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
adequate mitigation techniques acceptable to the City Engineer 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 designs, mitigation techniques, and
implementation timelines be defined as part of the Detailed 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:
1. The site plan responds to the site's natural characteristics and physical �_nsQ traints such as
developmen lend in witlznr nce 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 of this Title. In meeting this standard, consideration shall be given to the following
criteria:
1. There exists a significant community goal to be achieved through such variations.
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
City of Aspen Land Use Code
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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 flexibility between Project Review and Detailed Review. Changes shall be
subj ect to the amendment procedures of Section 26.445.110 — Amendments.
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 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. Exterior materials are
finalized during Detailed 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 vehicular access points, or curb cuts, minimize impacts on existing or proposed
pedestrian, bicycle, and transit facilities. The City may require specific designs, mitigation
techniques, and implementation timelines be defined as part of the Detailed 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 — Engineerin 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 Detailed 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 Engineer may require specific designs, mitigation techniques, and
implementation timelines be defined as part of the Detailed Review and documented within a
Development Agreement.
I. Access and Circulation. The proposed development shall have perpetual unobstructed legal
vehicular access to a public way. A proposed Planned Development shall not eliminate or obstruct
legal access from a public way to an adjacent property. All streets in a Planned Development 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.
(Ord. No. 12, 2007, §24; Ord. No. 3-2012, §12, 13, 14 & 15; Ord. No. 36-2013, §4)
City of Aspen Land Use Code
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Page 8
i 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�ls�of this Chanter and thi Title. The permitted and 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 or the Historic Preservation
Commission, as applicable, 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.
(Ord. No. 36-2013, §4)
26.445.070. Detailed Review Standards.
Detailed Review shall focus on the comprehensive evaluation of
development including utility placement and arehitPct ,raal materials. In the review of a development
application for Detailed Review, the Planning and Zoning Commission, or the Historic Preservation
Commission as applicable, shall consider the following:
A. Compliance with Project Review Approval, The proposed development including all
dimensions and uses is consistent with the P1.4ject Review approval and adequately addresses
conditions on the approval and direction received during the Proiect Review.
B. Growth Management. The rp opos(
allotments, or is concurrently seeking allotment:
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:
1. 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.
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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 ap likable requirements_ for emergzency, maintenance,
and service vehicle access. Adequate snow storage is accommodated.
3. Energv effi i�eney or nrodu�ion features are integrated into the landscape in a manner that
enhances the site.
4. All site ' hung is prpposerl sn as to prevent di ec 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 —
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 respectfid ofhe cnmm,mitv's_pas�lZtiytg to mimic history.
2. Exterior materials are of a
standards, including those outlined in Chapter 26.410, Residential Design Standards,
26.412, Commercial Design Standards, and Chapter 26.415, Historic Preservation.
3. Building entrances are sited or designed to minimize ng 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.
E. 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 to each lot or dwelling unit owner within the
Planned Development. An adequate assurance through a Development Agreement for the permanent
care and maintenance of open spaces, recreation areas, and shared facilities together with a
prohibition against future development is required.
F. Pedestrian, bicycle & transit facilities.. The development improves pedestrian hi , cle,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.
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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 and to determine any required cost
estimating for surety requirements, but do not need to be detailed construction documents.
G. 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, but do not need to be detailed construction documents.
H. Public Infrastructure and Facilities. The proposed Planned Development shall upgrade
public infrastructure and facilities necessary to serve the project. Improvements shall he at the sole
costs of the dpy-cloper.
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, but do not need to be detailed construction documents.
I. Phasing of development plan. If phasing of the development plan is proposed, 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.
(Ord. No. 9-2002, § 8, 2002; Ord. No. 36-2013, §4)
26.445.080. Application Contents.
A. Project Review Application Contents. The contents of a development application for a
Projec1 t Review shall include the following:
1. The general application information required in Common Development Review Procedures
set forth at Section 26.304.030.
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AA site improvement survey meeting the requirements of Title 29, Engineering Design
Standards.
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 uses,✓densitiesfatural features,.�affic and pedestrian circulatio;nvp�arking,
,,open space areas,�landscaping, and infrastructure improvements. Also see Chapter 26.490 —
Approval Documents.
4. An architectural character plan showing the use, massing, `kale and/orientation of the
proposed buildings, and outlining the suitability of a building or its purposes, legibility of the
building's use, the building's proposed massing,`�-roportion,ale; orientation to public spaces
and other buildings, and other attributes which may significantly represent the proposed
development.
5. 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, and roads 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].
For Planned Development applications proposing the addition of 50 or more residences, or
that proposes new water use in an amount equal to or exceeding that used by 50 residences,
the application must demonstrate compliance with the State Adequate Water Supply Act.
(Colo. Revised Statutes 29-20-301, et seq.).
6. 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.
7. 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 30%, and any other natural or man-made hazard or
condition that could harm the health, safety, or welfare of the community. Areas with slopes
in excess -of 30% shall require a slope_ stability study reviewed_by the Colorado Geologic
Survey. Also see Chapter 29 — Engineering Design Standards regarding identification and
mitigation of natural hazards.
✓a. A statement prepared by a Colorado registered Professional Engineer, and depiction or
mapping as necessary, describing the potential infrastructure upgrades, alignment, design,
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Page 12
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 solutions and
design details do not need to be submitted for Project Review.
A written response to each of the review criteria contained in Sections 26.445.050, and
/ 26.445.060, as applicable.
J 10. The application contents, materials, and written responses as applicable for all associated
reviews being combined with Project Review.
B. Detailed Review Application Contents. The contents of the development application for a
Detailed 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, Approval 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. A 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. A 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. A 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
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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.
10. A description of any proposed project phasing detailing the specific improvements within
each phase.
11. A written response to each of the review criteria contained in Section 26.445.070.
12. The application contents, materials, and written responses as applicable for all associated
reviews being combined with Detailed Review.
(Ord. No. 36-2013, §4)
26.445.090. Documents and Deadlines.
A. Documenting Project Review Approval. 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 Community Development
Director may extend this deadline by ninety (90) days, pursuant to sub -section C below.
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 the Project Review
approval null and void. The Community Development Director may extend this deadline by one
hundred eighty (180) days, pursuant to sub -section C below.
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. The Community Development Director may extend this deadline by one
hundred eighty (180) days, pursuant to sub -section C below. When an application for a Project
Review Amendment is submitted pursuant to Section 26.445.110(A), the requirement that a
development application for Detailed 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.
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B. Documenting Final Planned Development Approval. The approval of a Project Review
and Detailed Review together constitute a Final Planned Development Approval. A Development
Order shall be issued after Detailed Review approval. A Final Planned Development approval shall
be documented by filing an approved plan set and all required plats and Development Agreements,
pursuant to Chapter 26.490 — Approval Documents. Unless otherwise specified in the Resolution
granting Detailed Review approval, the approved plan set and all proposed plats and agreements shall
be submitted within one hundred eighty (180) days following the date of issuance of the
Development Order. 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 Detailed Review approvals.
The Community Development Director may extend this deadline by a time period not to exceed the
period of statutory vested rights, pursuant to sub -section C below.
When an application for a Project Approval Amendment or Detailed 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.
C. Deadline Extensions. Failure on the part of the applicant to submit required approval
documents within the timeframe set forth herein shall render the land use approval invalid. The
Community Development Director may extend the applicable submission deadline, by a time period
as set forth herein, if the request is made within the statutory vesting period, the applicant
demonstrates evidence of preparing the needed documents, and the applicant shows reasonable cause
for the delay. A written request for extension must be received no less than thirty (30) days prior to
the deadline. The Community Development Director may forward the extension request to the City
Council and the City Council may, at its sole discretion and for good cause shown, grant an
extension.
(Ord. No. 36-2013, §4)
26.445.100. Planned Development designation on Official Zone District Map.
Upon adoption of an Ordinance granting Project Review approval, the Community Development
Director shall be authorized to amend the Official Zone District Map to reflect a Planned
Development designation upon issuance of a Development Order and recordation of all required
plats, plans, and agreements for the Planned Development.
The designation of a Planned Development on the Official Zone District Map shall not require a
Rezoning application under Chapter, 26.310, Amendments to the Land Use Code and Official Zone
District Map, as the act of adopting an Ordinance approving Project Review shall authorize the
designation on the City's Official Zone District Map.
(Ord. No. 36-2013, §4)
26.445.110. Amendments. Amendments to an approved Project Review or to an approved
Detailed Review shall be reviewed according to the standards and procedures outline below.
( Amendments to Planned Unit Development and Specially Planned Area approvals (pre -
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Ordinance 36, 2013, approvals) shall also proceed according to the standards and procedures outline
below and the Community Development Director shall determine the type of procedure most -
applicable to the requested amendment.
A. Insubstantial Amendments. An insubstantial amendment to an approved Project Review or
an approved Detailed 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
or otherwise represents an insubstantial change.
original
3. The request does not real it re grantin¢ a variation from the necLs_allnwed�e(s) and does
Lot request an increase inthe allowed height or floor area
4. Anv proposed changes to the approved dimensional requirements are limited to a technical
nature, respond to a design parameter that could not hav�been forte een during the Project
Review approval are within dimensional tolerances Stated in the Project Review or otherwise
represents an insubstantial chanve
5. An applicant may not apply for Detailed 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 of the development.
2. The property was designated as a Planned Development, Planned Unit Development, or
Specially Planned Area by ordinance of the City.
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.
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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, building,
engineering, or fire code parameters, or otherwise represent an insubstantial change.
D. 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 or which otherwise represents an insubstantial change but which does not
meet the established thresholds for an insubstantial amendment, may be approved approved with
,qonditions or denied by the City Council pursuant to 26.445.040.B.2 —Step Two. An applicant may
not apply for Detailed Review if an amendment is pending.
E. Minor Amendment to a Detailed 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 Detailed Review approval, or which otherwise
represents an insubstantial change, but which does not meet the established thresholds for an
insubstantial amendment, may be approved, approved with conditions or denied by the Plamzing and
Zoning Commission of the Historic Preservation Commission as applicable, pursuant to
26.445.040.B.3 — Step Three.
F. Major Amendment. An amendment found by the Community Development Director to be
inconsistent with the Project Review approval and inconsistent with the Detailed Review approval
shall be subject to full review, pursuant to 26.445.040 B. stens one, two and three.
G. 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 to 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 material
representations and commitments. The applicant may withdraw the proposed amendment at any time
during the review process.
H. 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.
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I. 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.
(Ord No. 35-1999, §1; Ord. No. 36-2013, §4)
26.445.120 Appeals.
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 Detailed Review decision made a Planning and Zoning Commission or -
the Historic Preservation Commission as applicable, may appeal the decision to the City Council. In
such circumstances, the Commission's decision shall be considered a recommendation to City
Council. The City Council shall follow the review process outlined in Section 26.445.040.B.3 — Step
Three, and the decision shall be by City Council resolution.
(Ord. No. 36-2013, §4)
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