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HomeMy WebLinkAboutcoa.lu.ca.0004.2015.ASLU0004.2015. ASLU CITY HALL CODE AMENDMENT LIMITATIONS ON VARIATIONS S ce,-0^-,(d � II A-�(fd C PATH: G/DRIVE / MASER FILES/ADMINISTRATIVE/ADNiIN/LAND USE CASE DOCUMENTS 7L7j THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBERS PROJECT ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION CLOSED BY 0004.2015.ALSU 130 S GALENA ST JESSICA GARROW CODE AMENDMENT CITY OF ASPEN 04.6.2016 ANGIE SCOREY 04.06.2016 000(-•2©ls • ASL4A Permits File Edit Record Navigate Form Repogs format Tab Help �X���j 4 jump l l_sJ Main Custom RMs Roubng Status Fee Summary Adions Routing History o Perrnit type j Aspen Land Use Permd # 00U2G15..ASLU td Address 1130 S GALEfIA ApVSuite Cf11' HALL fl City jA,SPEN Stale'C4 zip 81611 is a x Permit Information Master permit; Routing queue ;as u' Applied 'G1f092015 Project Status pending Approved Description hued APPLICAOON FOR A CODE AME[WEI- T - LIMITATIONS Oct VARIATIONS ClosediFinal Submitted JESSICA G Clod Running Days F70 Expires 10 1, 04.2016 Nner Last name CpY HALL First name 801 CASTLE CRK ASPEN CO 81611 Phone. I Address Applicant Owner is applicant? ] Conirador is applicant? Last name !CfFy HALL First name 801 CASTLE CRK PEN CO 81611 Phone t' 1 - Cult:' 12?27 Addrm Lender Last name First name none Address Enterthe permittYpe code AspenGold5 (sever angelas -1 of 1 LeWLA— 0.vVajNj 04"t i 0 ORDINANCE No. 9 (Series of 2015) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO THE CITY OF ASPEN LAND USE CODE LINUTING DIMENSIONAL AND OTHER VARIATIONS,. 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 prepare amendments to the Land Use Code to limit the ability to ask for certain dimensional and other variations; 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 26, 2015, the City Council approved Resolution No.13, Series of 2015, requesting code amendments to 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; 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, clarifying the land use review process is identified in the 2012 Aspen Area Community Plan as an important city policy and goal; and, WHEREAS, the City Council finds that this Resolution implements the City's goals as articulated in the 2012 Aspen Area Community Plan; 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: Code Amendment — Limits on Variations Ordinance 9, Series 2015 Page 1 of 5 Section 1: Chapter 26.470.110(A) — Growth management review procedures, General, shall be amended as follows: [Subsections 1-10 shall be unchanged] 11. No reduction in mitigation requirements. Notwithstanding Section 26.470.090(4), Essential Public Facilities, an applicant may not request a reduction in the mitigation requirements of this Chapter. Properties requesting historic designation pursuant to Chapter 26.415, Historic Preservation, shall be exempt from this provision, provided, however, that any reduction is reviewed and approved by City Council. Section 2: Chapter 26.445.030(B) — Planned Development, Scope and Limitations of Project Review, shall be amended as follows: B. 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 dimensions of the project, including all deviations from zone district allowances and limitations, shall be established during Project Review. Variations to the allowed maximum height are limited to no more than two (2) feet above what is permitted in the underlying zone district. Variations to the total maximum floor area are limited to no more than five -percent (5%) above what is permitted in the underlying zone district. Single Family, Duplex, and Multi -Family (as a sole use) uses shall be exempt from this provision. Section 3: Chapter 26.445.050 — Planned Development, Project Review Standards, shall be amended to add Section J, Height and Floor Area Variations, as follows: [Sections A — I shall be unchanged] I Height and Floor Area Variations. Variations to allowed height and floor area shall be subject to the following review criteria: 1. The proposed increase is necessary to address unique natural or man-made site characteristics, such as topographical conditions, historic resources, or other natural features; or 2. The proposed increase enables innovative design solutions or furthers stated community goals. Section 4: All references within Chapter 26.470, Growth Management Quota System, to Subsection 26.470.080.2 shall be renumbered to Subsection 26.470.070.7. Similarly, references to 26.470.080(6-10) shall be renumbered to 26.470.070(6-10). Section 5: Chapter 26.445.030(B)(1)(e) — Planned Development, Planned Development Review, Step One Project Review before the Planning and Zoning Commission (or Historic Preservation Code Amendment — Limits on Variations Ordinance 9, Series 2015 Page 2 of 5 Commission, as applicable), Notice requirements, shall be amended as follows: 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 that are not otherwise allowed in the underlying zone district 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]." Section 6: Chapter 26.445.030(B)(2)(e) — Planned Development, Planned Development Review, Step Two Project Review before City Council, Notice requirements, shall be amended as follows: d. 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 that are not otherwise allowed in the underlying zone district 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. Section 7: Chapter 26.445.080(A)(5) — Planned Development, Application contents, shall be amended as follows: 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 planned development. 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, Code Amendment — Limits on Variations Ordinance 9, Series 2015 Page 3 of 5 0 the application must demonstrate compliance with the State Adequate Water Supply Act. (Colo. Revised Statutes 29-20-301, et seq.). Section 8: Chapter 26.445.110(E) — Planned Development, Amendments, Minor Amendment to a Detailed Review approval, shall be amended as follows: 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 Planning and Zoning Commission or the Historic Preservation Commission as applicable, pursuant to 26.445.040.B.3 — Step Three. Section 9: Chapter 26.445.110(G) — Planned Development, Amendments, Amendment Conditions, shall be amended as follows: G. Amendment Conditions. During the review of a proposed amendment, the Community Development Director, the Planning and Zoning Commission, the Historic Preservation 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. Section 10: 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 11: 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 12: 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 13: A public hearing on this ordinance was held on the 9th day of March, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, Code Amendment — Limits on Variations Ordinance 9, Series 2015 Page 4 of 5 C� • a minimum of fifteen days prior to which hearing a public notice of the same was 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 23rd day of February, 2015. Attest: Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this 16"' day of March, 2015. Attest: Linda Manning, City Clerk Approved as to form: James R. True, City Attorne-- Steven Skadron, Mayor Code Amendment — Limits on Variations Ordinance 9, Series 2015 Page 5 of 5 • 0 MEMORANDUM TO: Mayor and City Council FROM: Jessica Garrow, Long Range Planner RE: Ordinance 9, Series of 2015 - Limitations on Variations Code Amendment MEETING DATE: March 16, 2015 SUMMARY: The attached Ordinance amends the Land Use Code to establish limitations on height and floor area variations that may be requested by a Land Use Applicant, to establish limitations on the ability for an Applicant to request reductions in affordable housing mitigation, and to establish the Planning & Zoning Commission as the City's Board of Adjustment. In addition, minor grammar and spelling edits in the Planned Development and GMQS Chapters are included in the proposed amendment. STAFF RECOMMENDATION: Staff recommends approval of the proposed Ordinance. LAND USE REQUESTS AND REVIEW PROCEDURES: This meeting is to review potential changes to the Land Use Code that would establish limits for variation requests as well as thresholds for when a public vote is required. 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 Ordinance outlining specific code amendments. BACKGROUND: This code amendment focuses on creating additional clarity and predictability in the land use review process by limiting the "ask" that a Land Use Applicant can make regarding increased height, increased floor area, and decreased affordable housing mitigation. It also clarifies the review process related to variances by establishing the Planning & Zoning Commission (P&Z) and the Board of Adjustment (BOA). At the first and second readings, City Council expressed desire to maintain some level of flexibility through the Planned Development process to address unique sites or projects, while also limiting that flexibility so it does not become the default ask of an Applicant. Council also indicated that an automatic public vote on projects should not be included in the Land Use Code. Currently, properties may request any height or floor area through a Planned Development. In addition, some Applicants have requested reductions in affordable housing requirements through Limitations on Variations to Land Use Requirements — 2nd Reading Page I of 4 0 0 Growth Management or through a Planned Development. This code amendment would significantly limit these requests. OVERVIEW: The proposed code amendment addresses variations to height, floor area, and housing mitigation. While parking has recently received some attention, staff is not recommending an amendment to parking requirements. The proposed code amendment also establishes the Planning & Zoning Commission as the City's Board of Adjustment. APPLICABILITY: As written, the proposed code amendment applies to all properties that currently have a Planned Development Overlay, as well as any property seeking an overlay in the future. It does not impact non -conforming structures, properties requesting a hardship variance, or properties seeking AspenModem designation. Staff proposes exempting single-family, duplex, and multi -family development. Most of staff s concerns related to limiting floor area expansions have to do with residential development: the need to expand a light -well to provide adequate emergency egress, or a request to enclose a deck space to increase living space. These are relatively minor requests that go through a land use review, but they are frequent. Often owners of older multi -family complexes are interested in making relatively minor design changes to bring the units to modern standards. This often includes a request to enclose existing deck spaces to make the units slightly larger, or to add new deck space to increase the amount of outdoor living space. These requests could mean a modest increase in a single unit's living area, but when each unit in a complex is allowed the expansion it could be beyond the proposed floor area increase limits. Staff believes these requests are reasonable and should continue to be reviewed by P&Z and City Council without triggering a public vote. HOUSING MITIGATION (Section 1 of the Ordinance): The proposed code amendment prohibits an Applicant from requesting reduced affordable housing mitigation. The only exceptions are Essential Public Facilities, and AspenModem designations. For each of these, City Council is currently, and would continue to be, the review body that establishes the affordable housing mitigation requirements. Staff believes City Council should continue to have the ability to establish the housing mitigation for Essential Public Facilities, as these are unique uses. Examples of Essential Public Facilities include religious institutions, non -profits, and governmental entities. For instance, when the Fire Station was redeveloped there was some discussion about the inclusion of affordable housing as part of the projects, but it was not included in part because of the security issues and because the department relies significantly on volunteer firefighters. Additionally, staff strongly supports allowing City Council the ability to negotiate with property owners interested in designating their property through AspenModem. Limits on the ability to provide individualized preservation incentives for AspenModem related properties would greatly undermine a program that has received national and state level awards for the City's commitment and success in an area that many communities with significantly less development pressure have not been able to achieve. Special incentives for preservation have been a fundamental part of Limitations on Variations to Land Use Requirements — 2"d Reading Page 2 of 4 0 • Aspen's preservation ordinance dating back to 1987. Only about 15% of all the properties in the City are landmarked. The City has been dedicated to working with the property owners who are responsible for the preservation of Aspen's heritage since the whole community benefits from their efforts. HEIGHT & FLOOR AREA (Section 2 of the Ordinance): The proposed code amendment would limit what an Applicant could request for height and floor area beyond what is allowed in the underlying zone district. It would limit height requests to two (2) feet above a property's zoning allowance, and would limit floor area requests to five -percent (5%) above the property's total floor area allowance. For example, a 9,000 sq ft lot in the Mixed -Use Zone District would be able to request up to 34 feet in height', and an additional 900 sq ft of floor areal. A copy of all the current height and floor area allowances in the Commercial and Multi -Family zone districts is attached as Exhibit C. The public vote provision from earlier drafts has been removed. Staff believes these limits provide Council with reasonable flexibility to address site specific conditions or unique project proposals, and are low enough to not result in developers being incentivized to request the increases unless they really need it. NEw REVIEW CRITERIA (Section 3 of the Ordinance): Staff has proposed two (2) new review criteria for City Council to use when height or floor area increases are requested: 1. The proposed increase is necessary to address unique natural or man-made site characteristics, such as topographical conditions, historic resources, or other natural features; or 2. The proposed increase enables innovative design solutions or furthers stated community goals. Staff believes these criteria will enable Council to evaluate if the proposed increase is needed to ensure a successful project, rather than simply a request to build a bigger building for the sake of building more. The first review criterion addresses situations where a large tree, steep or varying slopes, or other natural site condition impacts how development is placed on the site. The second review criterion addresses situations where an Applicant might need a slight increase in height or floor area to further a community goal. This is a broader review criterion than the first, but would enable Council to exercise some discretion for projects they feel benefit the community, such as affordable housing or an essential public facility. PARKING: While parking has been raised by some members of the community as a dimension that should not be varied, staff disagrees. Parking needs are fundamentally a function of a building's land use, and staff believes City Council should have the discretion to establish parking requirements, as is currently allowed in the code. For instance, the Jewish Community Center was approved a few years ago with a parking requirement established by City Council. ' The MU Zone allows 28 — 32 feet in height 2 The MU Zone has an FAR allowance of 2:1 (not including the Historic District). For a 9,000 sq ft lot that equals 18,000 sq ft of FAR. 5% of 18,000 sq ft is 900 sq ft. (In the Historic District, the MU Zone allows an FAR of up to 1.25:1, or 11,250 sq ft of FAR. 5% of 11,250 is 562 sq ft.) Limitations on Variations to Land Use Requirements — 2°d Reading Page 3 of 4 0 • Many of the JCC's main events occur on Saturday, a day when their religious teachings prohibit the use of cars. This means the attendees to the main events will not be driving, greatly reducing the need for parking. City Council heard this argument and established a parking requirement in line with the actual use of the building. Staff believes this level of flexibility is important to maintain. In addition, staff will be requesting direction from City Council at an upcoming work session related to an examination of parking requirements, and the potential to tie parking requirements to the City's Transportation mitigation requirements. BOARD OF ADJUSTMENT (Sections 4 & 5 of the Ordinance): Staff proposes to consolidate the boards that hear different variance requests. Currently, the Planning & Zoning Commission (P&Z) and Historic Preservation Commission (HPC) review requests for Planned Development, Growth Management Allotments, Subdivision, Timeshare, Residential and Commercial Design, and Special Review applications. They each meet every other week and are well equipped to review all manner of land use requests, including dimensional variation requests. The Board of Adjustment (BOA) currently hears Hardship Variances - those variance requests due to a specific physical constraint or other hardship that uniquely impacts a property. In these situations, an Applicant is requesting relief from the code requirements due to a unique hardship on the property. The BOA does not hear appeals of administrative or other board decisions. They also do not hear Hardship Variance requests that deal with height or floor area, as those are reviewed by City Council. While the BOA carries out their responsibilities well and is a dedicated group, they meet infrequently - sometimes as few as once or twice a year. Staff proposes that Hardship Variances be reviewed by the P&Z and HPC, and that the P&Z be designated as the City's Board of Adjustment. Staff believes this will help clarify and streamline the current review process for applicants, and will provide an opportunity for the current BOA members to participate on boards that meet with more regularity and provide guidance and decisions on a broader range of planning related issues. STAFF RECOMMENDATION: Staff recommends adoption of the attached Ordinance. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. 9, Series of 2015." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A — Staff Findings Exhibit B — Proposed code changes Exhibit C — Current height and floor area allowances in commercial and multi -family zones Limitations on Variations to Land Use Requirements — 2°d Reading Page 4 of 4 ORDINANCE No. 9 (Series of 2015) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO THE CITY OF ASPEN LAND USE CODE LIMITING DIMENSIONAL AND OTHER VARIATIONS, AND ESTABLISHING THE PLANNING & ZONING COMMISSION AS THE BOARD OF ADJUSTMENT. 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 prepare amendments to the Land Use Code to limit the ability to ask for certain dimensional and other variations, and to establish the Planning & Zoning Commission as the Board of Adjustment; 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 26, 2015, the City Council approved Resolution No.13, Series of 2015, requesting code amendments to 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; 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, clarifying the land use review process is identified in the 2012 Aspen Area Community Plan as an important city policy and goal; and, WHEREAS, the City Council finds that this Resolution implements the City's goals as articulated in the 2012 Aspen Area Community Plan; 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 26.470.110(A) — Growth management review procedures, General, shall be Code Amendment — Limits on Variations Ordinance 9, Series 2015 Page 1 of 5 amended as follows: [Subsections I —10 shall be unchanged] 11. No reduction in mitigation requirements. Notwithstanding Section 26.470.090(4), Essential Public Facilities, an applicant may not request a reduction in the mitigation requirements of this Chapter. Properties requesting historic designation pursuant to Chapter 26.415, Historic Preservation, shall be exempt from this provision, provided, however, that any reduction is reviewed and approved by City Council. Section 2: Chapter 26.445.030(B) — Planned Development, Scope and Limitations of Project Review, shall be amended as follows: B. 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 dimensions of the project, including all deviations from zone district allowances and limitations, shall be established during Project Review. Variations to the allowed maximum height are limited to more than two (2) feet above what is permitted in the underlying zone district. Variations to the total maximum floor area are limited to no more than five -percent (5%) above what is permitted in the underlying zone district. Single Family, Duplex, and Multi -Family (as a sole use) uses shall be exempt from this provision. Section 3: Chapter 26.445.050 — Planned Development, Project Review Standards, shall be amended to add Section J, Height and Floor Area Variations, as follows: [Sections A — I shall be unchanged] J. Height and Floor Area Variations. Variations to allowed height and floor area shall be subject to the following review criteria: 1. The proposed increase is necessary to address unique natural or man-made site characteristics, such as topographical conditions, historic resources, or other natural features; or 2. The proposed increase enables innovative design solutions or furthers stated community goals. Section 4: Chapter 26.212.010 — Planning and Zoning Commission, Powers and duties, shall be amended as follows: 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. The Planning and Zoning Commission shall also function as the City's Board of Adjustment, and shall have all authorities grated to a Board of Adjustment by state law or this Code. Code Amendment — Limits on Variations Ordinance 9, Series 2015 Page 2 of 5 0 • [Subsections A — Mshall be unchanged] N. To hear, review, and approve variances, not including variances to allowable FAR or height, from the provisions of this Title, pursuant to Chapter 26.314; [Subsections O — Q shall be unchanged] Section 5: Chapter 26.216 — Board of Adjustment, shall be deleted. Section 6: All references within Chapter 26.470, Growth Management Quota System, to Subsection 26.470.080.2 shall be renumbered to Subsection 26.470.070.7. Similarly, references to 26.470.080(6-10) shall be renumbered to 26.470.070(6-10). Section 7: Chapter 26.445.030(B)(1)(e) — Planned Development, Planned Development Review, Step One Project Review before the Planning and Zoning Commission (or Historic Preservation Commission, as applicable), Notice requirements, shall be amended as follows: 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 that are not otherwise allowed in the underlying zone district 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]." Section 8: Chapter 26.445.030(B)(2)(e) — Planned Development, Planned Development Review, Step Two Project Review before City Council, Notice requirements, shall be amended as follows: d. 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 that are not otherwise allowed in the underlying zone district 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. Section 9: Chapter 26.445.080(A)(5) — Planned Development, Application contents, shall be Code Amendment — Limits on Variations Ordinance 9, Series 2015 Page 3 of 5 amended as follows: 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 planned development. 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.). Section 10: Chapter 26.445.110(E) — Planned Development, Amendments, Minor Amendment to a Detailed Review approval, shall be amended as follows: 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 Planning and Zoning Commission or the Historic Preservation Commission as applicable, pursuant to 26.445.040.B.3 — Step Three. Section 11: Chapter 26.445.110(G) — Planned Development, Amendments, Amendment Conditions, shall be amended as follows: G. Amendment Conditions. During the review of a proposed amendment, the Community Development Director, the Planning and Zoning Commission, the Historic Preservation 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. Section 12: Effect Upon Existing Litigation. Code Amendment — Limits on Variations Ordinance 9, Series 2015 Page 4 of 5 0 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 13: 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 14: 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 15• A public hearing on this ordinance was held on the 9th day of March, 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 was 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 23rd day of February, 2015. Attest: Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this day of , 2015. Attest: Linda Manning, City Clerk Steven Skadron, Mayor Approved as to form: James R. True, City Attorney Code Amendment — Limits on Variations Ordinance 9, Series 2015 Page 5 of 5 0 • 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 amendment established new limits on variance requests. There are no known conflicts with existing provisions. 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: Staff believes there is a community interest in updating the code to provide some limitations on what variations may be requested by an applicant. Providing some limitations on what may be requested creates additional predictability for neighbors and the community regarding what can be built on a given property. This code amendment also proposes to require an automatic public vote (referendum) for any variation that exceeds the established limits, enabling the community to have a direct voice in projects that may have greater community impacts. Staff finds this criterion to be met. The 2012 Aspen Area Community Plan includes a policy to "create certainty in zoning and the land use process." Updating the Code to provide limitations on what variations may be requested is in concert with this policy. 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 more predictable and clear land use review process. Staff finds this criterion to be met. Limitations on Variations to Land Use Requirements — I" reading Exhibit A Page 1 of 1 • Exhibit B — Proposed Code Changes Chapter 26.445 PLANNED DEVELOPMENT 26.445.030. Scope and Limitations. Planned Development B. 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 dimensions of the project, including all deviations from zone district allowances and limitations, shall be established during Project Review. Variations to the allowed maximum height are limited to more than two (2) feet above what is permitted in the underlying zone district. Variations to the total maximum floor area are limited to no more than five -percent ON above what is permitted in the underlying zone district. Single Family. Duplex, and Multi -Family (as a sole use) uses shall be exempt from this provision. Sec. 26.445.040. Procedures for Review. B. Planned Development Review. All development proposed within a Planned Development shall be subject to a three -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. 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. 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 development shall comply 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, • L Exhibit B — Proposed Code Changes Planned Development Neighborhood Outreach, pursuant to Section 26.304.035, shall be required and all public notices shall indicate what land uses are proposed te—be-iddedthat are not otherwise allowed in the underlying zone district 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]." 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 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. 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 with Section 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 that are not otherwise allowed in the underlying zone district 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. n Exhibit B — Proposed Code Changes Planned Development 26.445.050. Project Review Standards. I Height and Floor Area Variations. Variations to allc)«ed hei-ht and floor area shall be subject to the following review criteria: 1. The proposed increase is necessary to address unique natural or man-made site characteristics, such as topographical conditions. historic resources, or other natural features; or 2. The proposed increase enables innovative design solutions or furthers stated community 26.445.080. Application Contents. A. Project Review Application Contents. Project Review shall include the following: The contents of a development application for a 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 subdivis+enplanned development. 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.). 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 - 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. E. Minor Amendment to a Detailed Review approval. An amendment found by the Community Development Director consistent with a Project Rreview 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 0 • Exhibit B — Proposed Code Changes Planned Development for an insubstantial amendment, may be approved, approved with conditions or denied by the Planning and Zoning Commission orf the Historic Preservation Commission as applicable, pursuant to 26.445.040.B.3 — Step Three. G. Amendment Conditions. During the review of a proposed amendment, the Community Development Director, the Planning and Zoning Commission, the Historic Preservation 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. 0 \J Exhibit B — Proposed Code Changes Chapter 26.470 GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) 26.470.110. Growth management review procedures. A. General. 11. No reduction in mitigation requirements. An applicant may not request a reduction in the mitigation requirements of this Chapter. Applications for essential public facilities pursuant to Section 26.470.090(4), Essential Public Facilities, or historic designation pursuant to Chapter 26.415.030(C), Historic Presen�ation - AspenModern, shall be exempt from this provision, provided, however, that any reduction is reviewed and approved by City Council. Sec. 26.470.060 Administrative applications. 3. Change in use of historic landmark sites and structures. The change of use between the development categories identified in Section 26.470.020, of a property, structure or portion of a structure designated as an historic landmark shall be approved, approved with conditions or denied by the Community Development Director if no more than one (1) free-market residence is created. No employee mitigation shall be required. If more than one (1) free-market residence is created, the additional units shall be reviewed pursuant to Paragraph 26.470.080.2070.7. The change in amount of development and number of units shall be added and deducted from the respective development ceiling levels established pursuant to Section 26.470.030 but shall not be added or deducted from the respective annual development allotments. 26.470.070 Planning and Zoning Commission applications. The following types of development shall be approved, approved with conditions or denied by the Planning and Zoning Commission, pursuant to Section 26.470.110, Procedures for review, and the criteria for each type of development described below. Except as noted, all growth management applications shall comply with the general requirements of Section 26.470.050. Except as noted, the following types of growth management approvals shall be deducted from the respective development ceiling levels but shall not be deducted from the annual development allotments. Approvals apply cumulatively. Growth Management approvals for Subsections 26.470.0780(6-10) shall be deducted from the respective annual development allotments. 1. Enlargement of an historic landmark for commercial, lodge or mixed -use development. b. Up to one (1) free-market residence may be created pursuant to Paragraph 26.470.060.4, Minor enlargement of an historic landmark for commercial, lodge or mixed -use development. This shall be cumulative and shall include administrative GMQS approvals granted prior to the adoption of Ordinance No. 14, Series of 2007. Additional free-market units (beyond one [1]) shall be reviewed pursuant to Paragraph 26.470.080.2070.7, New free- market residential units within a multi -family or mixed -use project. 5. Demolition or redevelopment of multi -family housing_ b. Fifty percent replacement. In the event of the demolition of free-market multi -family housing and replacement of less than one hundred percent (100%) of the number of previous units, bedrooms or net livable area as described above, the applicant shall be required to construct affordable housing consisting of no less than fifty percent (50%) of the number of units, bedrooms and the net livable area demolished. The replacement units shall be deed- 0 Exhibit B — Proposed Code Changes restricted as Category 4 housing, pursuant to the guidelines of the Aspen/Pitkin County Housing Authority. An applicant may choose to provide mitigation units at a lower category designation. Each replacement unit shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing. When this fifty -percent standard is accomplished, the remaining development on the site may be free-market residential development as long as additional affordable housing mitigation is provided pursuant to Paragraph 26.470.070.3, Expansion of free-market residential units within a multi -family or mixed -use project, and there is no increase in the number of free- market residential units on the parcel. Free-market units in excess of the total number originally on the parcel shall be reviewed pursuant to Paragraph 26.470.080.2070.7, New free-market residential units within a multi -family or mixed -use project. 0 Exhibit B — Proposed Code Changes 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 _ The Planning and Zoning Commission shall also function as the City's Board of Adjustment, and shall have all authorities grated to a Board of Adjustment by state law or this Code. N. To hear, review, and approve variances. not inCludiiig variances to allowable FAR or hem from the provisions of this Title, pursuant to Chapter 26.314; Chapter 26.216, Board of Adjustment is deleted 0 v u w a, o 'o m ,i to 0. O o cjL c Ln a v N '0 v u w � N O O O LL m m 0. OC O 16 O > d Caj w n N C iNll ..., '0 aJ 0 w I oo LD J N m u v ar `0 0 v N m w a V aJ � I w n > oo J 0 m — N u .. N a) Z?00 .. 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L a Lo N — ti 7! f0 N_ c-1 V 71 V) r-1 LQ r'; V) N m Q 0 O LL O H • 0 MEMORANDUM TO: Mayor and City Council FROM: Chris Bendon, Community Development Director Jessica Garrow, Long Range Planner RE: Ordinance 9, Series of 2015 - Limitations on Variations Code Amendment MEETING DATE: March 9, 2015 SUMMARY: The attached Ordinance amends the Land Use Code to establish limitations on what variations may be requested by a Land Use Applicant, establishes thresholds for when dimensional and other variations trigger a public vote (referendum), and establishes the Planning & Zoning Commission as the City's Board of Adjustment. In addition, minor grammar and spelling edits in the Planned Development and GMQS Chapters are included in the proposed amendment. STAFF RECOMMENDATION: Staff recommends approval of the proposed Ordinance. LAND USE REQUESTS AND REVIEW PROCEDURES: This meeting is to review potential changes to the Land Use Code that would establish limits for variation requests as well as thresholds for when a public vote is required. 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 Ordinance outlining specific code amendments. BACKGROUND: This code amendment focuses on creating additional clarity and predictability in the land use review process. Currently, properties over 27,000 sq ft (and smaller properties after receiving authorization from the Community Development Director) may request a Planned Development to establish dimensions that exceed those of the underlying zone district. An Applicant may request any dimension through this process. In addition, some Applicants have requested reductions in affordable housing requirements through Growth Management or through a Planned Development. Over the past few months, there have been a number of community members who have expressed concern regarding the magnitude of variations that are being requested. They have argued that dimensional variations, in particular, should be subject to a public vote (referendum) or simply not allowed. City Council has expressed a desire to examine the issue, and find code Limitations on Variations to Land Use Requirements — 2nd Reading Page I of 5 0 ! language that would continue to allow some flexibility for properties, while allowing a greater public say in projects that have more significant variations. OVERVIEW• The proposed code amendment addresses variations to height, floor area, and housing mitigation. While parking has recently received some attention, staff is not recommending an amendment to parking requirements. The proposed code amendment also establishes the Planning & Zoning Commission as the City's Board of Adjustment. Currently an applicant can request any height or floor area as part of a Planned Development. The proposed code amendment curtails this by placing clear limits on the amount of height and floor area variation that can be approved by City Council. Staff believes that some ability to vary dimensions due to site specific constraints should remain in the code and would not recommend entirely eliminating that option at this time. For instance, staff believes City Council should have the discretion to approve a re -roof that requires additional height due to new insulation and roofing materials. Similarly, staff believes City Council should have the discretion to approve a slight increase in height and floor area to accommodate steep slopes, a tree, or other site specific condition. Staff has made some changes to the proposal since first reading, which are listed below and explained in more detail in the sections later in this memo: 1. Exempt single-family, duplex, and multi -family (as a single use) development from the proposed code amendment. This means the proposal applies only to commercial, lodging, and mixed -use developments. 2. Reduce the amount of floor area variation that can be requested through a PD to 5% (down from the original 10% proposal). 3. Additional review criteria have been added to aid Council's review of height and floor area variation requests. Applicability: As written, the proposed code amendment applies to all properties that currently have a Planned Development Overlay, as well as any property seeking an overlay in the future. It does not impact non -conforming structures, properties requesting a hardship variance, or properties seeking AspenModern designation. Staff proposes exempting single-family, duplex, and multi -family development. Most of staff s concerns related to floor area expansions have to do with residential development: the need to expand a light -well to provide adequate emergency egress, or a request to enclose a deck space to increase living space. These are relatively minor requests that go through a land use review, but they are frequent. Often owners of older multi -family complexes are interested in making relatively minor design changes to bring the units to modern standards. This often includes a request to enclose existing deck spaces to make the units slightly larger, or to add new deck space to increase the amount of outdoor living space. These requests could mean a modest increase in a single unit's living area, but when the each unit in a complex is allowed the expansion it could be beyond the proposed floor area increase limits. Staff believes these Limitations on Variations to Land Use Requirements — 2nd Reading Page 2 of 5 requests are reasonable and should continue to be reviewed by P&Z and City Council without triggering a public vote. Height: This code amendment proposes to limit the request to two (2) feet above a property's zoning allowance. Staff believes this allowance provides some design flexibility, and would address issues that arise from site specific constraints such as varying slopes. City Council would continue to be the final review authority for Planned Developments and would need to find that the additional height meets the existing review criteria, including neighborhood compatibility and that a significant community goal is achieved. In addition, staff proposes that if an Applicant requests and City Council approves a height variation beyond the two (2) foot limit, it would trigger an automatic public vote at the next regularly scheduled election. Floor Area: This code amendment proposes to limit requests to increase a project's floor area to five -percent (5%) above the allowed overall floor area. City Council would continue to be the final review authority for Planned Developments and would need to find that the additional floor area meets the existing review criteria, including neighborhood compatibility and that a significant community goal is achieved. Staff has proposed a reduction in the amount of floor area increase than can be approved by City Council to just five -percent (5%) based on comments and concerns raised at first reading. Council indicated concern that the original proposal of a ten -percent (10%) increase could equate to a significant amount of floor area. With the exemption of residential development described above, staff believes a lower level of flexibility is appropriate. Staff believes this would enable minor increases in floor area, but would not equate to a significant amount of floor area that developers would "default" to requesting it. New Review Criteria: Based on Council's comments at first reading, staff has proposed additional review criteria when an Applicant requests a height or floor area increase, including: The proposed increase is necessary to address unique natural or man-made site characteristics, such as topographical conditions, historic resources, or other natural features; or 2. The proposed increase enables innovative design solutions or furthers stated community goals. Staff believes these criteria will enable Council to evaluate if the proposed increase is needed to ensure a successful project, rather than simply a request to build a bigger building for the sake of building more. The first review criterion addresses situations where a large tree, steep or varying slopes, or other natural site condition impacts how development is placed on the site. The second review criterion addresses situations where an Applicant might need a slight increase in height or floor area to further a community goal. This is a broader review criteria than the first, but would enable Council to exercise some discretion for projects they feel benefit the community, such as affordable housing or historic preservation. Limitations on Variations to Land Use Requirements — 2"d Reading Page 3 of 5 • 0 Affordable Housing: Required affordable housing mitigation is based on the existing and proposed uses in a building. In the past, some Land Use Applicants have requested reductions in affordable housing mitigation requirements as part of their land use application. City Council is charged with establishing the affordable housing mitigation requirements for Essential Public Facilities, and currently has the discretion to establish that mitigation between zero and one - hundred percent (0-100%). In addition, AspenModern properties have requested reductions in their housing requirements as part of their negotiation with Council to designate the property as historic. Staff proposes the code amendment prohibit reductions in required affordable housing mitigation, with the exception of Essential Public Facilities and historic designations. Staff believes City Council should continue to have the ability to establish the housing mitigation for Essential Public Facilities, as these are unique uses. Examples of Essential Public Facilities include religious institutions, non -profits, and governmental entities. Additionally, staff strongly supports allowing City Council the ability to negotiate with property owners interested in designating their property through AspenModern. Limits on the ability to provide individualized preservation incentives for AspenModern related properties would greatly undermine a program that has received national and state level awards for the City's commitment and success in an area that many communities with significantly less development pressure have not been able to achieve. Special incentives for preservation have been a fundamental part of Aspen's preservation ordinance dating back to 1987. Only about 15% of all the properties in the City are landmarked. The City has been dedicated to working with the property owners who are responsible for the preservation of Aspen's heritage since the whole community benefits from their efforts. Parking: While parking has been raised by some members of the community as a dimension that should not be varied, staff disagrees. Parking needs are fundamentally a function of a building's land use, and staff believes City Council should have the discretion to establish parking requirements, as is currently allowed in the code. For instance, the Jewish Community Center was approved a few years ago with a parking requirement established by City Council. Many of the JCC's main events occur on Saturday, a day when their religious teachings prohibit the use of cars. This means the attendees to the main events will not be driving, greatly reducing the need for parking. City Council heard this argument and established a parking requirement in line with the actual use of the building. Staff believes this level of flexibility is important to maintain. Board of Adjustment: Staff proposes to consolidate the boards that hear different variance requests. Currently, the Planning & Zoning Commission (P&Z) and Historic Preservation Commission (HPC) review requests for Planned Development, Growth Management Allotments, Subdivision, Timeshare, Residential and Commercial Design, and Special Review applications. They each meet every other week and are well equipped to review all manner of land use requests, including dimensional variation requests. Hardship Variances (those variance requests due to a specific physical constraint or other hardship that uniquely impacts a property) are currently reviewed by the Board of Adjustment (BOA), which meets infrequently, sometimes as few as once or twice a year. While the BOA carries out their responsibilities well, staff proposes Limitations on Variations to Land Use Requirements — 2°a Reading Page 4 of 5 that hardship Variances be reviewed by the P&Z and HPC, and that the P&Z be designated as the City's Board of Adjustment. OTHER OPTIONS: Staff has identified four (4) options that Council could adopt as part of this code amendment. 1. Adopt as proposed. This would allow an Applicant to request increases of 2 feet in height and 5% floor area beyond what is allowed in the underlying zoning. Any request beyond that would require a public vote. 2. Adopt the height and floor area limits as proposed (2 feet for height and 5% for floor area), but do not allow additional height or floor area to be requested and approved through a public vote. 3. Require a public vote for any height or floor area increase. (This is the option closest to the proposed Charter Amendment). 4. Not allow any height or floor area increases through Planned Development, and not include the ability to request additional height and floor area through a public vote. STAFF RECOMMENDATION: Staff recommends adoption of the attached Ordinance. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. 9, Series of 2015." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A — Staff Findings Exhibit B — Proposed code changes Limitations on Variations to Land Use Requirements — 2"d Reading Page 5 of 5 ORDINANCE No. 9 (Series of 2015) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO THE CITY OF ASPEN LAND USE CODE LIMITING DIMENSIONAL AND OTHER VARIATIONS, AND ESTABLISHING THE PLANNING & ZONING COMMISSION AS THE BOARD OF ADJUSTMENT. 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 prepare amendments to the Land Use Code to limit the ability to ask for certain dimensional and other variations, and to establish the Planning & Zoning Commission as the Board of Adjustment; 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 26, 2015, the City Council approved Resolution No.13, Series of 2015, requesting code amendments to 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; 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, clarifying the land use review process is identified in the 2012 Aspen Area Community Plan as an important city policy and goal; and, WHEREAS, the City Council finds that this Resolution implements the City's goals as articulated in the 2012 Aspen Area Community Plan; 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 26.470.110(A) — Growth management review procedures, General, shall be Code Amendment — Limits on Variations Ordinance 9, Series 2015 Page 1 of 6 0 0 amended as follows: [Subsections I —10 shall be unchanged] 11. No reduction in mitigation requirements. Notwithstanding Section 26.470.090(4), Essential Public Facilities, an applicant may not request a reduction in the mitigation requirements of this Chapter. Properties requesting historic designation pursuant to Chapter 26.415, Historic Preservation, shall be exempt from this provision, provided, however, that any reduction is reviewed and approved by City Council. Section 2: All references within Chapter 26.470, Growth Management Quota System, to Subsection 26.470.080.2 shall be renumbered to Subsection 26.470.070.7. Similarly, references to 26.470.080(6-10) shall be renumbered to 26.470.070(6-10). Section 3: Chapter 26.445.030(B) — Planned Development, Scope and Limitations of Project Review, shall be amended as follows: B. 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 dimensions of the project, including all deviations from zone district allowances and limitations, shall be established during Project Review. Variations that increase the allowed maximum height by more than two (2) feet or the total maximum floor area by more than five -percent (5%) above what is permitted in the underlying zone district shall be subject to voter approval, pursuant to Section 26.445.040, Procedures for Review. Single Family, Duplex, and Multi -Family (as a sole use) uses shall be exempt from this provision. Section 4: Chapter 26.445.030(B)(1)(e) — Planned Development, Planned Development Review, Step One Project Review before the Planning and Zoning Commission (or Historic Preservation Commission, as applicable), Notice requirements, shall be amended as follows: 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 that are not otherwise allowed in the underlying zone district 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]." Section 5: Chapter 26.445.030(B)(2)(d) — Planned Development, Planned Development Review, Step Two Project Review before City Council, Form of decision, shall be amended as follows: d) Form of decision: City Council action shall be by ordinance approving, approving with conditions or denying Project Review. Projects approved or approved with conditions by City Council that increase the allowed maximum height by more than two (2) feet or the total Code Amendment — Limits on Variations Ordinance 9, Series 2015 Page 2 of 6 0 0 maximum floor area by more than five -percent (5%) above what is allowed in the underlying zone district shall not be effective unless subsequently approved by a majority of all City electors voting thereon ("public vote"). The public vote shall occur at the earliest of either the next previously scheduled state or county election, the next general municipal election, or a special election set by the City Council. Section 6: Chapter 26.445.030(B)(2)(e) — Planned Development, Planned Development Review, Step Two Project Review before City Council, Notice requirements, shall be amended as follows: d. 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 that are not otherwise allowed in the underlying zone district 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. Section 7: Chapter 26.445.050 — Planned Development, Project Review Standards, shall be amended to add Section J, Height and Floor Area Variations, as follows: [Sections A — I shall be unchanged] J. Height and Floor Area Variations. Variations to allowed height and floor area shall be subject to the following review criteria: 1. The proposed increase is necessary to address unique natural or man-made site characteristics, such as topographical conditions, historic resources, or other natural features; or 2. The proposed increase enables innovative design solutions or furthers stated community goals. Section 8: Chapter 26.445.080(A)(5) — Planned Development, Application contents, shall be amended as follows: 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 Code Amendment — Limits on Variations Ordinance 9, Series 2015 Page 3 of 6 0 0 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 planned development. 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.). Section 9: Chapter 26.445.110(E) — Planned Development, Amendments, Minor Amendment to a Detailed Review approval, shall be amended as follows: 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 Planning and Zoning Commission or the Historic Preservation Commission as applicable, pursuant to 26.445.040.B.3 — Step Three. Section 10: Chapter 26.445.110(G) — Planned Development, Amendments, Amendment Conditions, shall be amended as follows: G. Amendment Conditions. During the review of a proposed amendment, the Community Development Director, the Planning and Zoning Commission, the Historic Preservation 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. Section 11: Chapter 26.212.010 — Planning and Zoning Commission, Powers and duties, shall be amended as follows: 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 Code Amendment — Limits on Variations Ordinance 9, Series 2015 Page 4 of 6 0 0 Commission shall have the following powers and duties. The Planning and Zoning Commission shall also function as the City's Board of Adjustment, and shall have all authorities grated to a Board of Adjustment by state law or this Code. [Subsections A — M shall be unchanged] N. To hear, review, and approve variances, not including variances to allowable FAR or height, from the provisions of this Title, pursuant to Chapter 26.314; [Subsections O — Q shall be unchanged] Section 12: Chapter 26.216 — Board ofAdjustment, shall be deleted. Section 13: 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 14: 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 15: 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 16: A public hearing on this ordinance was held on the day of , 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 was 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 , 2015. Attest: Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this day of , 2015. Attest: Code Amendment—* Limits on Variations Ordinance 9, Series 2015 Page 5 of 6 0 0 Linda Manning, City Clerk Steven Skadron, Mayor Approved as to form: James R. True, City Attorney Code Amendment — Limits on Variations Ordinance 9, Series 2015 Page 6 of 6 0 0 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 amendment established new limits on variance requests. There are no known conflicts with existing provisions. 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: Staff believes there is a community interest in updating the code to provide some limitations on what variations may be requested by an applicant. Providing some limitations on what may be requested creates additional predictability for neighbors and the community regarding what can be built on a given property. This code amendment also proposes to require an automatic public vote (referendum) for any variation that exceeds the established limits, enabling the community to have a direct voice in projects that may have greater community impacts. Staff finds this criterion to be met. The 2012 Aspen Area Community Plan includes a policy to "create certainty in zoning and the land use process." Updating the Code to provide limitations on what variations may be . requested is in concert with this policy. 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 more predictable and clear land use review process. Staff finds this criterion to be met. Limitations on Variations to Land Use Requirements — 1 St reading Exhibit A Page 1 of 1 • Exhibit B — Proposed Code Changes Chapter 26.445 PLANNED DEVELOPMENT 26.445.030. Scope and Limitations. PD — Variations Allowed B. 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 dimensions of the project, including all deviations from zone district allowances and limitations, shall be established during Project Review. Variations that increase the allowed maximum height by more than two (2) feet or the total maximum floor area by more than five -percent ON above what is permitted in the underlying zone district shall be subject to voter approval, pursuant to Section 26.445.040. Procedures for Review. Single Family, Duplex, and Multi -Family (as a sole use) uses shall be exempt from this provision. Sec. 26.445.040. Procedures for Review. B. Planned Development Review. All development proposed within a Planned Development shall be subject to a three -step review consisting of the following steps: Public hearings are required at each step. 1. Step One — Project Review before the Planniniz 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. 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. 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 development shall comply 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, • 0 Exhibit B — Proposed Code Changes PD — Variations Allowed Neighborhood Outreach, pursuant to Section 26.304.035, shall be required and all public notices shall indicate what land uses are proposed to be dledthat are not otherwise allowed in the underlying zone district 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]." 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 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. 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 with Section 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. Projects approved or approved �\ ith conditions by City Council that increase the allowed maximum height by more than two (2) feet or the total maximum floor area by more than five -percent (5%) above what is allowed in the underlying zone district shall not be effective unless subsequently approved by a majority of all City electors voting thereon ("public vote"). The public vote shall occur at the earliest of either the next previously scheduled state or county election, the next general municipal election, or a special election set by the City Council. 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 that are not otherwise allowed in the underlying zone district Abe added by including the following language: "The applicant proposes the development • Exhibit B — Proposed Code Changes PD — Variations Allowed 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. 26.445.050. Project Review Standards. J. Height and Floor Area Variations. Variations to allowed height and floor area shall be subject to the following review criteria: 1. The proposed increase is necessary to address unique natural or man-made site characteristics, such as topographical conditions, historic resources, or other natural features; or 2. The proposed increase enables innovative design solutions or furthers stated community 26.445.080. Application Contents. A. Project Review Application Contents. Project Review shall include the following: The contents of a development application for a 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 planned development. 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.). 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- 0 0 Exhibit B — Proposed Code Changes PD — Variations Allowed 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. E. Minor Amendment to a Detailed Review approval. An amendment found by the Community Development Director consistent with a Project Rf-eview 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 Planning and Zoning Commission or€ the Historic Preservation Commission as applicable, pursuant to 26.445.040.B.3 — Step Three. G. Amendment Conditions. During the review of a proposed amendment, the Community Development Director, the Planning and Zoning Commission, the Historic Preservation 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. 0 • Exhibit B — Proposed Code Changes Chapter 26.445 PLANNED DEVELOPMENT 26.445.030. Scope and Limitations. PD - No Variations Allowed B. 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 dimensions of the project, including all deviations from zone district allowances and limitations, shall be established during Project Review. Variations that increase the allowed maximum heiszht or total maximum floor area above what is permitted in the underlying zone district shall be subject to voter approval, pursuant to Section 26.445.040, Procedures for Review. Single Family, Duplex, and Multi -Family (as a sole use) uses shall be exempt from this provision. Sec. 26.445.040. Procedures for Review. B. Planned Development Review. All development proposed within a Planned Development shall be subject to a three -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. 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. 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 development shall comply 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 • n Exhibit B — Proposed Code Changes PD - No Variations Allowed public notices shall indicate what land uses are proposed to be—addedthat are not otherwise allowed in the underlying zone district 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]." 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 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. 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 with Section 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. Projects approved or approved with conditions by City Council that increase the allowed maximum height or total maximum floor area above what is allowed in the underlying zone district, shall not be effective unless subsequently approved by a majority of all City electors voting thereon ("public vote"). The public vote shall occur at the earliest of either the next previously scheduled state or county election, the next general municipal election, or a special election set by the City Council. 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 that are not otherwise allowed in the underlying zone district 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]." • Exhibit B — Proposed Code Changes PD - No Variations Allowed 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. 26.445.080. Application Contents. A. Project Review Application Contents. Project Review shall include the following: The contents of a development application for a 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 subdii-6:--i-planned development. 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.). 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 - 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. E. Minor Amendment to a Detailed Review approval. An amendment found by the Community Development Director consistent with a Project Rreview 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 Planning and Zoning Commission or€ the Historic Preservation Commission as applicable, pursuant to 26.445.040.B.3 - Step Three. G. Amendment Conditions. During the review of a proposed amendment, the Community Development Director, the Planning and Zoning Commission, the Historic Preservation • U Exhibit B — Proposed Code Changes PD - No Variations Allowed 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. • Exhibit B — Proposed Code Changes Chapter 26.470 GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) 26.470.110. Growth management review procedures. A. General. 11. No reduction in mitigation requirements. An applicant may not request a reduction in the mitigation requirements of this Chapter. Applications for essential public facilities pursuant to Section 26.470.090(4), Essential Public Facilities, or historic designation pursuant to Chapter 26.415.030(C), Historic Preservation - AspenModern, shall be exempt from this provision, provided, however, that any reduction is reviewed and approved by City Council. Sec. 26.470.060 Administrative applications. 3. Change in use of historic landmark sites and structures. The change of use between the development categories identified in Section 26.470.020, of a property, structure or portion of a structure designated as an historic landmark shall be approved, approved with conditions or denied by the Community Development Director if no more than one (1) free-market residence is created. No employee mitigation shall be required. If more than one (1) free-market residence is created, the additional units shall be reviewed pursuant to Paragraph 26.470.9$0-.2070.7. The change in amount of development and number of units shall be added and deducted from the respective development ceiling levels established pursuant to Section 26.470.030 but shall not be added or deducted from the respective annual development allotments. 26.470.070 Planning and Zoning Commission applications. The following types of development shall be approved, approved with conditions or denied by the Planning and Zoning Commission, pursuant to Section 26.470.110, Procedures for review, and the criteria for each type of development described below. Except as noted, all growth management applications shall comply with the general requirements of Section 26.470.050. Except as noted, the following types of growth management approvals shall be deducted from the respective development ceiling levels but shall not be deducted from the annual development allotments. Approvals apply cumulatively. Growth Management approvals for Subsections 26.470.07.90(6-10) shall be deducted from the respective annual development allotments. 1. Enlargement of an historic landmark for commercial, lodge or mixed -use development. b. Up to one (1) free-market residence may be created pursuant to Paragraph 26.470.060.4, Minor enlargement of an historic landmark for commercial, lodge or mixed -use development. This shall be cumulative and shall include administrative GMQS approvals granted prior to the adoption of Ordinance No. 14, Series of 2007. Additional free-market units (beyond one [ 1 ]) shall be reviewed pursuant to Paragraph 26.470.080.2070.7, New free- market residential units within a multi -family or mixed -use project. 5. Demolition or redevelopment of multi -family housing. b. Fiftypercent replacement. In the event of the demolition of free-market multi -family housing and replacement of less than one hundred percent (100%) of the number of previous units, bedrooms or net livable area as described above, the applicant shall be required to construct affordable housing consisting of no less than fifty percent (50%) of the number of units, bedrooms and the net livable area demolished. The replacement units shall be deed- Exhibit B — Proposed Code Changes restricted as Category 4 housing, pursuant to the guidelines of the Aspen/Pitkin County Housing Authority. An applicant may choose to provide mitigation units at a lower category designation. Each replacement unit shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing. When this fifty -percent standard is accomplished, the remaining development on the site may be free-market residential development as long as additional affordable housing mitigation is provided pursuant to Paragraph 26.470.070.3, Expansion of free-market residential units within a multi -family or mixed -use project, and there is no increase in the number of free- market residential units on the parcel. Free-market units in excess of the total number originally on the parcel shall be reviewed pursuant to Paragraph 26.470.080.2070.7, New free-market residential units within a multi -family or mixed -use project. 0 Exhibit B — Proposed Code Changes 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,: The Planning and Zoning Commission shall also function as the City's Board of Adjustment, and shall have all authorities grated to a Board of Adjustment by state law or this Code. N. To hear, review, and approve grant variances. not including variances to allowable FAR or hem from the provisions of this Title, ..,hen eWdated appli ^^i ^ eflted to the pursuant to Chapter 26.314; Chapter 26.216, Board of Adjustment is deleted AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESAvSIO�PROPERTY: I AC / / (AC(L , Aspen, CO SCHEDULED PUBLIC HEARING DATE: STATE OF COLORADO ) SS. County of Pitkin ) I, 64S-",' Z'6n �Gcr—� (name, please print) being or representing an Applicant to 'the 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 on 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. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. 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 egoing "Affidavit of Notice" was acknowledged before me this day of 20, by 4Y1!E2,- JctAir c7cc� mil PUBLIC NOTICE WITNESS MY HAND AND OFFICIAL SEAL RE:AMENDMENT TO THE CITY OF ASPEN LAND USE CODE NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday. March 9, 2015, at a meet- My commission expires: ing to begin 5 1�I �, h at 00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Gale- na St., Aspen, to consider an amendment to the text of the Land Use Code to place limitations on variations and to establish the Planning 8 Zoning Commission as the Board of Adjustment. For fur- WAA�, ther information, contact Sara Adams at the City of Notary Public Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2780, jessica.garrow®cityofaspen.com - - -- -- - KAREN REED PATTERSON Aspen Ckyil NOTARY PUBLIC Published in the Aspen Times on February 19, STATE OF COLORADO z015 1os55753 ACHMENTS AS APPLICABLE: NOTARY ID #19964002767 My Commission Expires February 15, 2016 • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-I03.3 0 • �F�137�`►i lilu I TO: Mayor and City Council FROM: Chris Bendon, Community Development Director Jessica Garrow, Long Range Planner RE: Ordinance 9, Series of 2015 - Limitations on Variations Code Amendment MEETING DATE: February 23, 2015 (PH 3.9.2015) SUMMARY: The attached Ordinance amends the Land Use Code to establish limitations on what variations may be requested by a Land Use Applicant, establishes thresholds for when dimensional and other variations trigger a public vote (referendum), and establishes the Planning & Zoning Commission as the City's Board of Adjustment. In addition, minor grammar and spelling edits in Planned Development are included in the proposed amendment. STAFF RECOMMENDATION: Staff recommends approval of the proposed Ordinance on first reading. LAND USE REQUESTS AND REVIEW PROCEDURES: This meeting is to review potential changes to the Land Use Code that would establish limits for variation requests as well as thresholds for when a public vote is required. 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 Ordinance outlining specific code amendments. BACKGROUND: This code amendment focuses on creating additional clarity and predictability in the land use review process. Currently, properties over 27,000 sq ft (and smaller properties after receiving authorization from the Community Development Director) may request a Planned Development to establish dimensions that exceed those of the underlying zone district. An Applicant may request any dimension through this process. In addition, some Applicants have requested reductions in affordable housing requirements through Growth Management or through a Planned Development. Over the past few months, there have been a number of community members who have expressed concern regarding the magnitude of variations that are being requested. They have argued that dimensional variations, in particular, should be subject to a public vote (referendum) or simply not allowed. City Council has expressed a desire to examine the issue, and find code Limitations on Variations to Land Use Requirements — 151 reading Page 1 of 5 language that would continue to allow some flexibility for properties, while allowing a greater public say in projects that have more significant variations. nVFRV1FW- The proposed code amendment addresses variations to height, floor area, and housing mitigation. While parking has recently received some attention, staff is not recommending an amendment to parking requirements. The proposed code amendment also establishes the Planning & Zoning Commission as the City's Board of Adjustment. Height: Currently an Applicant can request any height through a Planned Development. This code amendment proposes to limit the request to two (2) feet above a property's zoning allowance. Staff believes this allowance provides some design flexibility, and would address issues that arise from site specific constraints such as steep slopes. City Council would continue to be the final review authority for Planned Developments and would need to find that the additional height meets the existing review criteria, including neighborhood compatibility and that a significant community goal is achieved. In addition, staff proposes that if an Applicant requests and City Council approves a height variation beyond the two (2) foot limit, it would trigger an automatic public vote at the next regularly scheduled election. Staff has provided alternative language that would require any height increase to go to a public vote. Staff believes that some ability to vary dimensions due to site specific constraints should remain in the code and would not recommend entirely eliminating that option at this time. For instance, staff believes City Council should have the discretion to approve a re -roof that requires additional height due to new insulation and roofing materials. Similarly, staff believes City Council should have the discretion to approve a slight increase in height to accommodate steep slopes, a tree, or other site specific constraint. Floor Area: Like height, currently the Planned Development regulations allow any floor area to be requested by an Applicant. This code amendment proposes to limit that request to ten -percent (10%) above the allowed overall floor area. City Council would continue to be the final review authority for Planned Developments and would need to find that the additional floor area meets the existing review criteria, including neighborhood compatibility and that a significant community goal is achieved. Staff has provided alternative language that would require any increase to the overall floor area to go to a public vote. Staff believes that some ability to vary dimensions due to site specific constraints should remain in the code and would not recommend entirely eliminating that option at this time. As an example, there are properties that have requested to expand their light wells to accommodate basement living space. Even though the building mass is unchanged, expanding light wells increases the floor area that is counted. Staff believes these types of expansions should be allowed. Affordable Housing: Required affordable housing mitigation is based on the existing and proposed uses in a building. In the past, some Land Use Applicants have requested reductions in affordable housing mitigation requirements as part of their land use application. City Council is charged with establishing the affordable housing mitigation requirements for Essential Public Limitations on Variations to Land Use Requirements — I" reading Page 2 of 5 0 Facilities, and currently has the discretion to establish that mitigation between zero and one - hundred percent (0-100%). In addition, AspenModern properties have requested reductions in their housing requirements as part of their negotiation with Council to designate the property as historic. Staff proposes the code amendment prohibit reductions in required affordable housing mitigation, with the exception of Essential Public Facilities and historic designations. Staff believes City Council should continue to have the ability to establish the housing mitigation for Essential Public Facilities, as these are unique uses. Examples of Essential Public Facilities include religious institutions, non -profits, and governmental entities. Additionally, staff strongly supports allowing City Council the ability to negotiate with property owners interested in designating their property through AspenModem. Limits on the ability to provide individualized preservation incentives for AspenModern related properties would greatly undermine a program that has received national and state level awards for the City's commitment and success in an area that many communities with significantly less development pressure have not been able to achieve. Special incentives for preservation have been a fundamental part of Aspen's preservation ordinance dating back to 1987. Only about 15% of all the properties in the City are landmarked. The City has been dedicated to working with the property owners who are responsible for the preservation of Aspen's heritage since the whole community benefits from their efforts. Parking: While parking has been raised by some members of the community as a dimension that should not be varied, staff disagrees. Parking needs are fundamentally a function of a building's land use, and staff believes City Council should have the discretion to establish parking requirements, as is currently allowed in the code. For instance, the Jewish Community Center was approved a few years ago with a parking requirement established by City Council. Many of the JCC's main events occur on Saturday, a day when their religious teachings prohibit the use of cars. This means the attendees to the main events will not be driving, greatly reducing the need for parking. City Council heard this argument and established a parking requirement in line with the actual use of the building. Staff believes this level of flexibility is important to maintain. Board of Adjustment: Staff proposes to consolidate the boards that hear different variance requests. Currently, the Planning & Zoning Commission (P&Z) and Historic Preservation Commission (HPC) review requests for Planned Development, Growth Management Allotments, Subdivision, Timeshare, Residential and Commercial Design, and Special Review applications. They each meet every other week and are well equipped to review all manner of land use requests, including dimensional variation requests. Hardship Variances (those variance requests due to a specific physical constraint or other hardship that uniquely impacts a property) are currently reviewed by the Board of Adjustment (BOA), which meets infrequently, sometimes as few as once or twice a year. While the BOA carries out their responsibilities well, staff proposes that hardship Variances be reviewed by the P&Z and HPC, and that the P&Z be designated as the City's Board of Adjustment. Limitations on Variations to Land Use Requirements — I" reading Page 3 of 5 0 0 Applicability: As written, the proposed code amendment applies to all properties that current have a Planned Development Overlay, as well as any property seeking an overlay in the future. It does not impact non -conforming structures, properties requesting a hardship variance, or properties seeking AspenModern designation. PUBLIC OUTREACH: Staff has reviewed this code amendment with Planning & Zoning Commission and the Historic Preservation Commission. The P&Z supports the general direction of the code amendment, and supports limiting height and floor area to what is allowed in the underlying zone districts. The P&Z also recommended a broader examination of zoning to determine if the current regulations need to be amended to accommodate building technologies. One member suggested an approach that would allow some flexibility in Planned Development Review for height and floor area. The idea would be to have an average height limit on the property — as long as the average height met the zone district requirements it would be permitted through a PD process. For instance, if the height limit'in the zone district is 30 (thirty) feet, and an applicant requested 40 (forty) feet on half of the building, the other half would need to be 20 (twenty) feet. The HPC recommended that affordable housing mitigation continue to be available for applicants agreeing to historically designate their property through AspenModem. The AspenModern program is voluntary, so it is critical that all tools be available to City Council to balance the trade-offs between designation and code requirements. HPC was not in favor of subjecting land use decisions to a popular vote. Staff also sent a summary of the proposed code amendment out through the Community Development Newsletter, and received some comments back. The comments expressed concern about existing older properties and their ability to remodel, update, etc. An example given was of non -conforming buildings needing to upgrade an access stair to meet current ADA requirements, but not being able to without a public vote because it further increases the non- conformity. Staff agrees with this concern, and the code amendment has been written such that non -conforming buildings are not impacted. Other comments indicated support for the P&Z idea of an average height calculation, as well as allowing increases in floor area only if other community benefits, such as preserved open space, are provided. STAFF RECOMMENDATION: Staff recommends adoption of the attached Ordinance on first reading. STAFF REQUEST: Staff requests City Council provide some general direction at first reading regarding the different options for height and floor area. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. 9, Series of 2015, on first reading." Limitations on Variations to Land Use Requirements — I" reading Page 4 of 5 0 • CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A — Staff Findings Exhibit B — Proposed code changes Limitations on Variations to Land Use Requirements — I' reading Page 5 of 5 0 • ORDINANCE No. 9 (Series of 2015) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO THE CITY OF ASPEN LAND USE CODE LIMITING DIMENSIONAL AND OTHER VARIATIONS, AND ESTABLISHING THE PLANNING & ZONING COMMISSION AS THE BOARD OF ADJUSTMENT. 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 prepare amendments to the Land Use Code to limit the ability to ask for certain dimensional and other variations, and to establish the Planning & Zoning Commission as the Board of Adjustment; 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 26, 2015, the City Council approved Resolution No.13, Series of 2015, requesting code amendments to 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; 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, clarifying the land use review process is identified in the 2012 Aspen Area Community Plan as an important city policy and goal; and, WHEREAS, the City Council finds that this Resolution implements the City's goals as articulated in the 2012 Aspen Area Community Plan; 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 26.470.110(A) — Growth management review procedures, General, shall be Code Amendment — Limits on Variations Ordinance 9, Series 2015 Page 1 of 5 • 0 amended as follows: [Subsections I —10 shall be unchanged] 11. No reduction in mitigation requirements. Notwithstanding Section 26.470.090(4), Essential Public Facilities, an applicant may not request a reduction in the mitigation requirements of this Chapter. Properties requesting historic designation pursuant to Chapter 26.415, Historic Preservation, shall be exempt from this provision, provided, however, that any reduction is reviewed and approved by City Council. Section 2: All references within Chapter 26.470, Growth Management Quota System, to Subsection 26.470.080.2 shall be renumbered to Subsection 26.470.070.7. Similarly, references to 26.470.080(6-10) shall be renumbered to 26.470.070(6-10). Section 3: Chapter 26.445.030(B) — Planned Development, Scope and Limitations of Project Review, shall be amended as follows: B. 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 dimensions of the project, including all deviations from zone district allowances and limitations, shall be established during Project Review. Variations that increase the allowed height by more than two (2) feet or the total maximum floor area by more than ten -percent (10%) above what is permitted in the underlying zone district shall be subject to voter approval, pursuant to Section 26.445.040, Procedures for Review. Section 4: Chapter 26.445.030(B)(1)(e) — Planned Development, Planned Development Review, Step One Project Review before the Planning and Zoning Commission (or Historic Preservation Commission, as applicable), Notice requirements, shall be amended as follows: 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 that are not otherwise allowed in the underlying zone district 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]." Section 5: Chapter 26.445.030(B)(2)(d) — Planned Development, Planned Development Review, Step Two Project Review before City Council, Form of decision, shall be amended as follows: d. Form of decision: City Council action shall be by ordinance approving, approving with conditions or denying Project Review. Projects approved or approved with conditions by City Council that increase the allowed height by more than two (2) feet or the total maximum floor area by more than ten -percent (10%) above what is allowed in the underlying zone district shall not be effective unless subsequently approved by a majority of all City electors voting thereon ("public vote"). The public vote shall occur at the earliest of either the next previously Code Amendment — Limits on Variations Ordinance 9, Series 2015 Page 2 of 5 0 0 scheduled state or county election, the next general municipal election, or a special election set by the City Council. Section 6: Chapter 26.445.030(B)(2)(e) — Planned Development, Planned Development Review, Step Two Project Review before City Council, Notice requirements, shall be amended as follows: d. 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 that are not otherwise allowed in the underlying zone district 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. Section 7: Chapter 26.445.080(A)(5) — Planned Development, Application contents, shall be amended as follows: 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 planned development. 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.). Code Amendment — Limits on Variations Ordinance 9, Series 2015 Page 3 of 5 • Section 8: Chapter 26.445.110(E) — Planned Development, Amendments, Minor Amendment to a Detailed Review approval, shall be amended as follows: 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 Planning and Zoning Commission or the Historic Preservation Commission as applicable, pursuant to 26.445.040.B.3 — Step Three. Section 9: Chapter 26.445.110(G) — Planned Development, Amendments, Amendment Conditions, shall be amended as follows: G. Amendment Conditions. During the review of a proposed amendment, the Community Development Director, the Planning and Zoning Commission, the Historic Preservation 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. Section 10: Chapter 26.212.010 — Planning and Zoning Commission, Powers and duties, shall be amended as follows: 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. The Planning and Zoning Commission shall also function as the City's Board of Adjustment, and shall have all authorities grated to a Board of Adjustment by state law or this Code. [Subsections A — M shall be unchanged] N. To hear, review, and approve variances, not including variances to allowable FAR or height, from the provisions of this Title, pursuant to Chapter 26.314; Code Amendment — Limits on Variations Ordinance 9, Series 2015 Page 4 of 5 [Subsections O — Q shall be unchanged] Section 11: Chapter 26.216 — Board ofAdjustment, shall be deleted. Section 12: 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 13: 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 14: 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 15: A public hearing on this ordinance was held on the day of , 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 was 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 , 2015. Attest: Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this _day of , 2015. Attest: Linda Manning, City Clerk Approved as to form: James R. True, City Attorney Steven Skadron, Mayor Code Amendment — Limits on Variations Ordinance 9, Series 2015 Page 5 of 5 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 amendment established new limits on variance requests. There are no known conflicts with existing provisions. 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: Staff believes there is a community interest in updating the code to provide some limitations on what variations may be requested by an applicant. Providing some limitations on what may be requested creates additional predictability for neighbors and the community regarding what can be built on a given property. This code amendment also proposes to require an automatic public vote (referendum) for any variation that exceeds the established limits, enabling the community to have a direct voice in projects that may have greater community impacts. Staff finds this criterion to be met. The 2012 Aspen Area Community Plan includes a policy to "create certainty in zoning and the land use process." Updating the Code to provide limitations on what variations may be requested is in concert with this policy. 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 more predictable and clear land use review process. Staff finds this criterion to be met. Limitations on Variations to Land Use Requirements — 1" reading Exhibit A Page 1 of 1 0 11 Exhibit B — Proposed Code Changes Chapter 26.445 PLANNED DEVELOPMENT 26.445.030. Scope and Limitations. PD — Variations Allowed B. 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 dimensions of the project, including all deviations from zone district allowances and limitations, shall be established during Project Review. Variations that increase the allowed height b, more than two (2) feet or the total maximum floor area by more than ten -percent (10%) above what is permitted in the underlying zone district shall be subject to voter approval, pursuant to Section 26.445.040, Procedures for Review. Sec. 26.445.040. Procedures for Review. B. Planned Development Review. All development proposed within a Planned Development shall be subject to a three -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. 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. 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 development shall comply 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 te-be-oddedthat are not otherwise allowed in the underlying zone district by including the following Exhibit B — Proposed Code Changes PD — Variations Allowed language: "The applicant proposes the development include the following land uses not otherwise allowed in the zone district: [list and description of land uses]." 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 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. 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 with Section 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. Projects approved or approved with conditions by City Council that increase the allowed height by more than two (2) feet or the total maximum floor area by more than ten -percent (10%) above what is allo��ed in the underlying zone district shall not be effective unless subsequently approved by a majority of all City electors voting thereon ("public vote"). The public vote shall occur at the earliest of either the next previously scheduled state or county election, the next general municipal election, or a special election set by the City Council. 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 that are not otherwise allowed in the underlying zone district t -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]." l_ J 0 Exhibit B — Proposed Code Changes PD — Variations Allowed 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. 26.445.080. Application Contents. A. Project Review Application Contents. Project Review shall include the following: The contents of a development application for a 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 subdivisienplanned development. 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.). 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 - 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. E. Minor Amendment to a Detailed Review approval. An amendment found by the Community Development Director consistent with a Project Rfeview 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 Planning and Zoning Commission or€ the Historic Preservation Commission as applicable, pursuant to 26.445.040.B.3 — Step Three. G. Amendment Conditions. During the review of a proposed amendment, the Community Development Director, the Planning and Zoning Commission, the Historic Preservation 0 • Exhibit B — Proposed Code Changes PD — Variations Allowed 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. 0 0 Exhibit B — Proposed Code Changes Chapter 26.445 PLANNED DEVELOPMENT 26.445.030. Scope and Limitations. PD - No Variations Allowed B. 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 dimensions of the project, including all deviations from zone district allowances and limitations, shall be established during Project Review. Variations that increase the allowed height or total maximum floor area above what is permitted in the underlying zone district shall be subject to voter approval, pursuant to Section 26.445.040, Procedures for Review. Sec. 26.445.040. Procedures for Review. B. Planned Development Review. All development proposed within a Planned Development shall be subject to a three -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. 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. 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 development shall comply 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 te—be—addedthat are not otherxvise allowed in the underlying zone district by including the following 0 0 Exhibit B — Proposed Code Changes PD - No Variations Allowed language: "The applicant proposes the development include the following land uses not otherwise allowed in the zone district: [list and description of land uses]." 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 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. 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 with Section 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. Projects approved or approved with conditions by City Council that increase the allowed height or total maximum floor area above what is allowed in the underlying zone district, shall not be effective unless subsequently approved by a majority of all City electors voting thereon ("public vote"). The public vote shall occur at the earliest of either the next previously scheduled state or county election, the next general municipal election, or a special election set by the City Council. 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 that are not otherwise allowed in the underlying zone district 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 0 • Exhibit B — Proposed Code Changes PD - No Variations Allowed Outreach, pursuant to Section 26.304.035. After one additional Neighborhood Outreach, City Council shall resume and complete its review. 26.445.080. Application Contents. A. Project Review Application Contents. Project Review shall include the following: The contents of a development application for a 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 subd+visie-planned development. 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.). 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 - 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. E. Minor Amendment to a Detailed Review approval.' An amendment found by the Community Development Director consistent with a Project Rfeview 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 Planning and Zoning Commission or-f the Historic Preservation Commission as applicable, pursuant to 26.445.040.B.3 — Step Three. G. Amendment Conditions. During the review of a proposed amendment, the Community Development Director, the Planning and Zoning Commission, the Historic Preservation 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. • 0 Exhibit B — Proposed Code Changes PD - No Variations Allowed 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. Exhibit B — Proposed Code Changes Chapter 26.470 GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) 26.470.110. Growth management review procedures. A. General. 11. No reduction in mitigation requirements. An applicant may not request a reduction in the mitigation requirements of this Chapter. Applications for essential public facilities pursuant to Section 26.470.090(4), Essential Public Facilities, or historic designation pursuant to Chapter 26.415.030(C), Historic Preservation - AspenModern, shall be exempt from this provision, provided, however, that any reduction is reviewed and approved by City Council. Sec. 26.470.060 Administrative applications. 3. Change in use of historic landmark sites and structures_ The change of use between the development categories identified in Section 26.470.020, of a property, structure or portion of a structure designated as an historic landmark shall be approved, approved with conditions or denied by the Community Development Director if no more than one (1) free-market residence is created. No employee mitigation shall be required. If more than one (1) free-market residence is created, the additional units shall be reviewed pursuant to Paragraph 26.470.080.2070.7. The change in amount of development and number of units shall be added and deducted from the respective development ceiling levels established pursuant to Section 26.470.030 but shall not be added or deducted from the respective annual development allotments. 26.470.070 Planning and Zoning Commission applications. The following types of development shall be approved, approved with conditions or denied by the Planning and Zoning Commission, pursuant to Section 26.470.110, Procedures for review, and the criteria for each type of development described below. Except as noted, all growth management applications shall comply with the general requirements of Section 26.470.050. Except as noted, the following types of growth management approvals shall be deducted from the respective development ceiling levels but shall not be deducted from the annual development allotments. Approvals apply cumulatively. Growth Management approvals for Subsections 26.470.07,90(6-10) shall be deducted from the respective annual development allotments. 1. Enlargement of an historic landmark for commercial, lodge or mixed -use development. b. Up to one (1) free-market residence may be created pursuant to Paragraph 26.470.060.4, Minor enlargement of an historic landmark for commercial, lodge or mixed -use development. This shall be cumulative and shall include administrative GMQS approvals granted prior to the adoption of Ordinance No. 14, Series of 2007. Additional free-market units (beyond one [1]) shall be reviewed pursuant to Paragraph 26.470.080.2070.7, New free- market residential units within a multi -family or mixed -use project. 5. Demolition or redevelopment of multi -family housing_ b. Fifiy percent replacement. In the event of the demolition of free-market multi -family housing and replacement of less than one hundred percent (100%) of the number of previous units, bedrooms or net livable area as described above, the applicant shall be required to construct affordable housing consisting of no less than fifty percent (50%) of the number of units, bedrooms and the net livable area demolished. The replacement units shall be deed- • U Exhibit B — Proposed Code Changes restricted as Category 4 housing, pursuant to the guidelines of the Aspen/Pitkin County Housing Authority. An applicant may choose to provide mitigation units at a lower category designation. Each replacement unit shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing. When this fifty -percent standard is accomplished, the remaining development on the site may be free-market residential development as long as additional affordable housing mitigation is provided pursuant to Paragraph 26.470.070.3, Expansion of free-market residential units within a multi -family or mixed -use project, and there is no increase in the number of free- market residential units on the parcel. Free-market units in excess of the total number originally on the parcel shall be reviewed pursuant to Paragraph 26.470.080.2070.7, New free-market residential units within a multi -family or mixed -use project. • • Exhibit B — Proposed Code Changes 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 The Planning and Zoning Commission shall also function as the City's Board of Adjustment. and shall have all authorities grated to.a Board of Adjustment by state law or this Code. N. To hear, review, and approve variances, not including variances to allowable FAR or height. from the provisions of this Title. __ SOR - PARr^lidated pli ^^ ^ nted to *h-e pursuant to Chapter 26.314; Chapter 26.216, Board of Adjustment is deleted • • MEMORANDUM TO: Mayor and City Council FROM: Chris Bendon, Community Development Director Jessica Garrow, Long Range Planner RE: Policy Resolution: Limitations on Variations to Land Use Code Requirements Resolution 13, Series of 2015 MEETING DATE: January 26, 2015 SUMMARY: The attached Resolution outlines Council policy direction for code amendments to establish limitations on what variations may be requested by a land use Applicant, and establishes thresholds for when dimensional and other variations trigger a public vote (referendum). If the Policy Resolution is approved, a First Reading of the Ordinance will be February 9", with Second Reading on February 23`d STAFF RECOMMENDATION: Staff recommends approval of the proposed resolution. LAND USE REQUESTS AND REVIEW PROCEDURES: This meeting is to review potential changes to the Land Use Code that would establish limits for variation requests as well as thresholds for when a public vote is required. 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: This code amendment focuses on creating additional clarity and predictability in the land use review process. Currently, properties over 27,000 sq ft (and smaller properties after receiving authorization from the Community Development Director) may request a Planned Development to establish dimensions that exceed those of the underlying zone district. An Applicant may request any dimension through this process. In addition, some Applicants have requested reductions in affordable housing requirements through Growth Management or through a Planned Development. Over the past few months, there have been a number of community members who have expressed concern regarding the magnitude of variations that are being requested. They have argued that dimensional variations, in particular, should be subject to a public vote (referendum) Limitations on Variations to Land Use Requirements - Policy Direction Page 1 of 3 or simply not allowed. City Council has expressed a desire to examine the issue, and find code language that would continue to allow some flexibility for properties, while allowing a greater public say in projects that have more significant variations. OVERVIEW: Staff proposes a code amendment that would establish an upper limit on the amount of dimensional variation, particularly for Height and Floor Area, that can be requested through a Planned Development process. City Council would continue to be the final review authority for Planned Developments that change dimensions. In addition, staff proposes that if an Applicant requests and City Council approves dimensional variations beyond the established limits, it would trigger an automatic public vote at the next regularly scheduled election. Alternatively, Council could prohibit dimensional variations through a Planned Development, and require any dimensional variations be processed as a code amendment for the entire zone district. Staff believes that some ability to vary dimensions due to site specific constraints should remain in the code and would not recommend entirely eliminating that option at this time. Some Land Use Applicants have requested reductions in affordable housing mitigation requirements as part of their land use application. Staff proposes that this code amendment include language that would allow a certain percentage reduction be approved by City Council, with any request and approval beyond that percentage triggering an automatic public vote. In addition, staff proposes to consolidate the boards that hear different variance requests. Currently, the Planning & Zoning Commission (P&Z) and Historic Preservation Commission (HPC) review requests for Planned Development, Growth Management Allotments, Subdivision, Timeshare, Residential and Commercial Design, and Special Review applications. They each meet every other week and are well equipped to review all manner of land use requests, including dimensional variation requests. Hardship Variances (those variance requests due to a specific physical constraint or other hardship that uniquely impacts a property) are currently reviewed by the Board of Adjustment (BOA), which meets infrequently, sometimes as few as e1 1c;L . one or twice a year. While the BOA carries out their responsibilities well, staff proposes that hardship Variances be reviewed by the P&Z and HPC, and that the P&Z be designated as the City's Board of Adjustment. PUBLIC OUTREACH: Staff has conducted initial public outreach with some of the individuals who have been most vocal on this issue. In addition, staff has discussed this concept with the Planning & Zoning Commission over the past 2 years, and they have indicated general support for this policy change in those previous meetings. If City Council approves this Policy Resolution, staff will meet with them again on February P to get more specific feedback on the proposed amendment. STAFF RECOMMENDATION: Staff recommends adoption of the attached Policy Resolution. Limitations on Variations to Land Use Requirements - Policy Direction Page 2 of 3 RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE: "I move to approve Resolution No. 13, Series of 2015, approving a Policy Resolution outlining direction for code amendments that would establish limits on dimensional and other variations that may be requested by a land use Applicant, and establish thresholds for when an automatic public vote would occur." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A — Staff Findings Exhibit B — Limitations on Variations to Land Use Requirements - Policy Direction Page 3 of 3 RESOLUTION NO.13, (SERIES OF 2015) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING AMENDMENTS TO ESTABLISH LIMITS ON DIMENSIONAL AND OTHER VARIATIONS THAT MAY BE REQUESTED BY A LAND USE APPLICANT. WHEREAS, pursuant to Section 26.310.020(A), the Community Development Department received direction from City Council to explore code amendments related to establishing limits on the amount of variation from Land Use Code requirements an Applicant may request prior to triggering an automatic public vote (referendum) on the project; and, WHEREAS, the Community Development Director recommended changes to the Land Use Code to implement City Council's direction; 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 26, 2015, the City Council approved Resolution No. 13, Series of 2015, by a to L - -) vote, requesting code amendments to establish limits on dimensional and other variations that may be requested by a land use Applicant; 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 implements the City's goals related to creating a clearer and more predictable land use review process, as articulated in the 2012 Aspen Area Community Plan; 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 objectives of the proposed code amendment are to create more clarity and predictability in the land use review process by: • Establishing limits on the dimensional and affordable housing variations that may be requested by an Applicant; and • Establishing thresholds for when an automatic public vote (referendum) would occur on a land use application that requests a variation from Land Use Code requirements. • Designating the Planning & Zoning Commission as the City's Board of Adjustment. Resolution No. B, Series 2015 Page 1 of 2 • 0 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 _day of 2015. Ste -,-en Skadron, Mayor ATTEST: Linda Manning, City Clerk APPROVED AS TO FORM: James R True, City Attorney Resolution No. 13, Series 2015 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 provide some limitations on what variations may be requested by an applicant. Providing some limitations on what may be requested creates additional predictability for neighbors and the community regarding what can be built on a given property. This code amendment also proposes to require an automatic public vote (referendum) for any variation that exceeds the established limits, enabling the community to have a direct voice in projects that may have greater community impacts. Staff finds this criterion to be met. B. Whether the objectives of the proposed amendment furthers an adopted policy, community goal, or objective of the City including, but not limited to, those stated in the Aspen Area Community Plan. Staff Findings: The 2012 Aspen Area Community Plan includes a policy to "create certainty in zoning and the land use process." Updating the Code to provide limitations on what variations may be requested is in concert with this policy. 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 more predictable and clear land use review process. Staff finds this criterion to be met. Calculation and Measurements Policy Direction Exhibit A 2/10/2014 Page 1 of 1 ksSIG6;-L_ AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: _aspen, CO SCHEDULED PUBLIC HEARING DATE: STATE OF COLORADO ) SS. County of Pitkin ) I, _2d�n--I -p & (name, please print) being or representing an Applicant to the 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: V 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 on 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 ox-7rers and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summamy, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) • Mineral Estate Oxmer Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text arnendnient. 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 acknowled ed before me this day of ? ,� , 2C/S-, by .�L-,•1�, a cScc�-'2-� WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public KAREN REED PATTERSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19964002767 ATTACHMENTS AS APPLICABLE: My Commission Expires February 15, 2016 • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 The Aspen Times I Friday. Jar 9, 2015 THE CITY OF ASPEN PUBLIC NOTICE RE: AMENDMENT TO THE CITY OF ASPEN LAND USE CODE NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday January 26, 2015, at a meeting tc begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to determine if an amendment to the text of the Land Use Code should be pursued. The potential amendment would create limits on dimensional and other variations. For further information, contact Jessica Garrow at the City of Aspen Community Development Department,130 S. Galena St., Aspen, CO, (970) 429-2780, jessica. garrow@cityofaspen.com SJ Steven Skadron, Mayor Aspen City Council Published in the Aspen Times on January 9, 2015 City of Aspen Account