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HomeMy WebLinkAboutordinance.council.041-02 ORDINANCE NO. 41, SERIES OF 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE ASPEN MUNICIPAL CODE' By REpEALiNG IN THEIR ENTIRETY AND U-ENACTING THE FOLLOWING CHAPTERS: CHAPTER 26.212, ENTITLED :~PLANNiNG AND z~i~ ~0MMisSiON,'' CHAPTER 26.216, ENTITLED "BOA~OF ADJu~YMENT?' AND CHAPTER 26.220, ENTITLED "HISTO~C PRESERVATION COMMISSION.'" WHEREAS, the City Comacii of the City of Aspen previously adopted Municipal Code Chapter 26.212, entitled "Planning and Zoning Commission," Chapter 26.216, entitled "Board of Adjustment," and Chapter 26.220, entitled "Historic Preservation Commission," and WHEREAS, Chapters 26.212, 261216, and 26.220 have been amended by City Council through the years, and WHEREAS, by-laws were adopted through the years, including 1974, for the Planning and Zoning Commission, the Board of Adjustment, and the Historic Preservation Commission, and WHEREAS, the City Council finds it in the best interests of the community to standardize the rules pertaining to the Planning and Zoning Commission, the Board of Adjustment, and the Historic Preservation Commission, and WHEREAS, the City Council finds it in the best interests of the community to repeal all by-laws in their entirety that pertain to the Planning and Zoning Commission, the Board of Adjustment, and the Historic Preservation Commission, and WHEREAS, the new chapters for the Planning and Zoning Commission, the Board of Adjustment, and the Historic Preservation Commission will serve as by-laws by setting forth the (1) powers and duties, (2) qualifications for membership, (3) conditions for appointment, removal, terms and vacancies, (4) staff, (5) quorum and necessary vote, and (6) meetings, hearings, and procedures for each commission or board. NOW, THEREFORE, BE IT oRDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO} THAT: Section 1 Chapter 26.212, entitled "Planning and Zoning Commission," Chapter 26.216, entitled "Board of Adjnstment," and Chapter 26.220, entitled "Historic Preservation Connnission (HPC)," are repealed in their entirety and are re-enacted to read as follows: Chapter 26.212 pLANNING AND ZONING COMMISSION Sections: 26.212.010 Powers and duties. 26.212.020 Qualifications for membership. 26.212.030 Membership: appointment, removal, terms and vacancies. 26.212.040 Staff. 26.212.050 Quorum and necessary vote. 26.212.060 Meetings, hearings and procedure. 26.212.010 Powers and Duties. In addition to any authority granted the Planning and Zoning Commission (hereinafter "commission") by state law or the Municipal Code of the City of Aspen, Colorado, the commission shall have the following powers and duties: A. To initiate amendments to the text of this title, pursuant to Chapter 26,310; B. To review and make recommendations o£approval or disapproval of amendments to the text of this title, pursuant to Chapter 26.310; C. To initiate amendments to the official zone district map, pursuant to Chapter 26.310; D. To review and make recommendations of approval, approval with conditions, 0r disapproval to the City Council in regard to amendments of the official zone d/strict map, pursuant to Chapter 26.310; E. To review and make recommendations of approval, approval with conditions, or disapproval to the City Council on a conceptual development plan and final development plan for planned unit development (PUD), pursuant to Chapter 26.445; F. To review and make recommendations of approval, approval with conditions, or disapproval to the City Council on adoption of a conceptual development plan and final development plan or specially planned areas (SPA), pursuant to Chapter 26.440; G. To review, score, and recommend allotments for residential, office and commercial, and lodge pursuant to growth management quota system (GMQS), pursuant to Chapter 26.470; H. To make determinations of exemptions from the growth management quota system (GMQS), pursuant to Chapter 26.470; 2 I. To hear, review and recommend approval, approval with conditions, or disapproval of a plat for subdivision, pursuant to Chapter 26.480; J. To hear and approve, approve with conditions, or disapprove conditional uses pursuant to Chapter 26.425; K. To hear and approve, approve with conditions, or disapprove development subject to special review, pursuant to Chapter 26.430; L. To hear and approve, approve with ~onditions, or disapprove development in environmentally sensitive areas (ESA), pursuant to Chapter 26.435; M. To make its special knowledge and expertise available upon reasonable written request and authorization of the City Council to any official, department, board commission or agency of the City of Aspen, Pitkin County, State of Colorado, or the federal government; and N. To adopt such rules of procedure necessary for the administration of its responsibilities not inconsistent with this title. O. To grant variances from the provisions of this Title when a consolidated application is presented to the conmUission for review and approval pursuant to Chapter 26.314; P. To hear, review and approve variances to the Residential Design Guidelines, pursuant to Chapter 26.410; Q. To hear and decide appeals from, and review any order, requirement, decision, or determination made by, any administrative official charged with the enforcement of Chapter 26.410, including appeals of interpretation of the text of the Residential Design Standards. The commission may only grant relief from the Residential Design Standards. A variance from the Residential Design Standards does not grant an approval to vary other standards of this Chapter that may be provided by another decision making administrative body. 26.212.020 Qualifications for membership. Members of the commission shall be qualified electors in the City of Aspen and have been residents of the city for at least one (1) year prior to appointment. No member of the City Council. the Mayor. a city employee or any appointed city official shall serve on the commission. 26.212.030 Membership: appointment, removal, terms and vacancies. A. The commission shall be composed of seven '~. members and shall be appointed by the City Council. The City Council shall also appoint one (1) alternate member to the commission: The altemate member shall vote only in the absence of one (1) or more regular members. When a regular member resigns, the alternate member shall automatically be appointed as a regular member in replacement. B. All members serve at the pleasure of the City Council and may be removed for cause prior to the expiration of their appointment by a majority vote of the City Council. Cause may include, but is not limited to, the following: the commission member has four (4) or more absences from regular meetings during the calendar year, the member is no longer a qualified elector, or the member while in office is convicted ora felony or an offense involving moral turpitude. C. All members, including the altemate, shall serve a term of four (4) years. There shall be no restraint on the number of terms any member of thc commission may serve. D. When a member or alternate member is appointed to fill out the term ora departing member or alternate member, that person's term shall end at the time the departing person's term would have ended. E. At the first regular meeting in January, the members of the commission shall elect one (1) of their members as chairperson and one (1) as vice-chairperson. In the absence of the chairperson, the vice-chairperson shall act as chairperson and shall have all powers of the chairperson. The chairperson shall be elected for one (1) year and shall be eligible for re-election. F. The chairperson of any meeting of the commission may administer oaths, shall be in charge of all proceedings before the commission, and shall take such action as shall be necessary to preserve order and the integrity of all proceedings before the commission. G. The secretary of the commission shall be the City Clerk or the City Clerk's designee. The secretary shall keep the minutes, shall notify commission members of regular and special meetings, and shall maintain the files of all studies, plans, reports, recommendations and development decisions by the commission. H. Members of the commission shall serve without compensation. 26.212.040 Staff. The Community Development Department shall be the professional staff of the commission. 26.212.050 Quorum and necessary vote. No meeting of the commission may be called to order without a quorum consisting of at least four (4) members of the commission being present. No meeting at which less than a quorum shall be present shall conduct any business other than to continue the agenda items to a date certain. All actions shall require the concurring vote ora simple majority, but in no event less than three (3) concurring votes, of the members of the commission then present and voting. 26.212.060 Meetings, hearings and procedure. A. Regular meetings of the commission shall be held on the first and third Tuesday of each month. Special meetings may be called by the chairperson of the commission, a majority of the members of the commission, the Mayor, a majority of the City Council, or staff. B. All meetings and hearings of the commission shall be open to the public. C. Public hearings shall be set for a date and time certain. Chapter 26.216 BOARD OF ADJUSTMENT Sections: 26.216.010 Po,vers and duties. 26.216.020 Qualification for membership. 26.216.030 Membership: appointment, removal, terms and vacancies. 26.216.040 Staff. 26.216.050 Quorum and necessary vote. 26.216.060 Meetings, hearings and procedure. 26.216.010 Powers and duties. In addition to any authority granted the Board of Adjustment (hereinafter "board") by state law or the Municipal Code of the City of Aspen, Colorado, the board shall have the following powers and duties: A; To hear, review and approve variances to the terms of these regulations, pursuant to Chapter 26.314; B. To hear and decide appeals from, and review any order, requirement, decision, or determination made by, any administrative official charged with the enforcement of this Title, pursuant to Chapter 26.316, except for appeals of interpretation of the text of this Title or the boundaries of the zone district map which shall be heard and decided by the City Council, and, except as otherwise specifically provided in this Title. 26.216.020 Qualifications for membership. 5 Members of the board shall be qualified electors in the City of Aspen m~d residents of the city for one (1) year prior to appointment. No member of the City Council, the Mayor, a city employee or any appointed city official shall serve on the board. 26.216.030 Membership: appointment, removal, terms and vacancies. A. The board shall be composed of five (5) members and shall be appointed by the City Council. The City Council shall also appoint two (2) alternate members to the board, designating the alternate members as the first or second alternate. An alternate member shall vote only in the absence of 0ne (1) or more regular members according to his or her priority (i.e. the first alternate shall vote if one (1) regular member is absent and both alternates shall vote in the absence of two (2) regular members of the board). When a regular member resigns, the first alternate member shall automatically be designated as a regular member in replacement and the second alternate member shall automatically be designated as the first alternate. B. All members serve at the pleasure of the City Council and may be removed for cause prior to the expiration of their appointment by a majority vote of the City Council. Cause may include, but is not limited to, the following: the board member has four (4) or more absences from regular meetings during the cale~dar year, the member is no longer a qualified elector, or the member while in office is convicted ora felony or an offense involving moral turpitude. C. All members, including the alternate, shall serve a term of four (4) years. There shall be no restraint on the number of terms any member of the commission may serve. D. When a member or alternate member is appointed to fill out the term ora departing member or alternate member, that person's term shall end at the time the departing person's term would have ended. E. At the first regular meeting in January, the members of the board shall elect one (1) of' their members as chairperson and one (1) as vice-chairperson. In the absence of the chairperson, the vice-chairperson shall act as chairperson and shall have all powers of the chairperson. The chairperson shall be elected for one (1) year and shall be eligible for re- election. F. The chairperson of the board may administer oaths, Shall be in Charge ofa~l proceedings before the board, shall decide all points of order on procedure, and shall take such action as shall be necessary to preserve the order and the integrity of all proceedings before the board. G. The secretary of the board shall be the City Clerk or the City Clerk's designee. The secretary shall keep the minutes, shall notify commission members of regular and special meetings, and shall maintain the files of all studies, plans, reports, recommendations and development decisions by the board. 6 H. Members of the board shall serve without compensation. 26.216.040 Staff. The Community Development Department shall be the professional staff of the board. 26.216.050 Quorum and necessary vote. No meeting of the board shall be called to order without a quorum consisting of at least four (4) members of the board being present. No meeting at which less than a quorum shall be present shall conduct any business other than to continue the agenda items to a date certain. The concurring vote of four (4) members of the board then present and voting shall be required to decide any appeal, reverse any order, requirement, decision or determination made by an administrative official charged with the enforcement of the Title or to approve any variance to the terms of these regulations. All other actions shall require the concurring vote ora simple majority, but in no event less than three (3) Concurring votes, of the members of the board then present and voting. 26.216.060 Meetings, hearings and procedure. A. Regular meetings of the board shall be held as required. Special meetings may be called by the chairperson of the board, a majority of the members of the board, the Mayor, a majority of the City Council, or staff. B. All meetings and hearings of the board shall be open to the public. C. Public heatings shall be set for a date and time certain. Chapter 26.220 HISTORIC PRESERVATION COMMISSION ~PC) Sections: 26.220.010 Powers and Duties. 26.220.020 Qualification for membership. 26.220.030 Membership: appointment, removal, terms and vacancies. 26.220.040 Staff. 26.220.050 Quorum and necessary vote. 26.220,060 Meetings, hearings and procedure. 26.220.070 Committees and project monitoring. 26.220.010 Powers and duties. 7 The Historic Preservation Commission (hereinafter "HPC" or "commission") shall have the following powers and duties: A. Recommendation of approval or disapproval to the City Council of the designation of H, Historic Overlay Districts and the Aspen Inventory of Historic Landmark Sites and Structures, pursuant to Chapter 26.415; B. Review and approval, approval with conditions, suspension or disapproval of development within the H, Historic Overlay District or development involving the Aspen Inventory of Historic Landmark Sites and Structures, pursuant to Chapter 26.415; C. Review and approval, approval with conditions, suspension or disapproval of demolition or relocation involving properties listed on the Aspen Inventory of Historic Landmark Sites and Structures pursuant to Chapter 26.415, or properties under consideration for the Aspen Inventory of Historic Landmark Sites and Structures pursuant to Chapter 26.415.080 and 26.415.090; D. Recommendation of approval, approval with conditions, or disapproval to the Board of Adjustment or Planning and Zoning Commission on a request for variance in the H, Historic Overlay District or involving properties listed on the Aspen Inventory of Historic Landmark Sites and Structures, pursuant to Chapter 26.415.130; E. Adoption of Historic District and Historic Landmark Development Guidelines, pursuant to Chapter 26.415; F. Recommendation to the Planning and Zoning Commission to initiate amendments to this Chapter; G. To hear and approve, approve with conditions, or disapprove variations pursuant to Chapter 26.415; and H. To grant variances from the provisions of this Title when a consolidated application is presented to the commission for review and approval pursuant to Chapter 26.314. I. To hear, review and approve variances to the Residential Design Guidelines, pursuant to Chapter 26.410; J. To hear and decide appeals from, and review any order, requirement, decision, or determination made by any administrative official charged with the enforcement of Chapter 26.410, including appeals of interpretation of the text of the Residential Design Standards. The commission may only grant relief from the Residential Design Standards. A variance from the Residential Design Standards does not grant an approval to vary other standards of this Chapter that may be provided by another decision making administrative body; K. To file a petition in accordance with Section 26.415.110 (A) with the Chief Building Official, requesting that the official act to require the correction of defects or repairs to designated properties subject to demolition by neglect. 26.220.020 Qualification for membership. Members of the commission shall be qualified electors in Aspen and residents for one (1) year prior to appointment. No member of the City Council, the Mayor, a city employee or any appointed city official shall serve on the commissionl 26.220.030 Membership: appointment, removal, terms and Vacancies. A. The commission shall be composed of seven (7) members and shall be appointed by the City Council. The City Council shall also appoint one (1) alternate member to the commission. The alternate member shall vote only in the absence of one (1) or more regular members. When a professional member as defined in "subsection I" resigns, that member shall be replaced with another professional member. Ifa qualified professional member cannot be located after a good faith effort or when a regular lay member resigns, the alternate member shall automatically be appointed as a regular member in replacement. B. All members serve at the pleasure of the City CoUncil and may be removed for cause prior to the expiration of their appointment by a majority vote of the City Council. Cause may include, but is not limited to, ihe following: the commission member has four (4) or more absences from regular meetings during the calendar year, the member is no longer a qualified elector, or the member while in office is convicted ora felony or an offense involving moral turpitude. C. All members, including the alternate, shall serve a term of four (4) years. There shall be no restraint on the number of terms any member of the commission may serve. D. When a member or alternate member is appointed to fill out the term ora departing member or alternate member, that person's term shall end at the time the departing person's term would have ended. E. At the first regular meeting in January, the members of the commission shall elect one (1) of their members as chairperson and one (1) as vice-chairperson. In the absence of the chairperson, the vice-chairperson shall act as chairperson and shall have all powers of the chairperson. The chairperson shall be elected for one (1) year and shall be eligible for re-election. F. The chairperson of any meeting of the commission may administer oaths, shall be in charge of all proceedings before the commission, and shall take such action as shall be necessary to preserve order and the integrity of all proceedings before the commission. 9 I G. The secretary of the commission shall be the City Clerk or the City Clerk's designee. The secretary shall keep the minutes, shall notify commission members of regular and special meetings, and shall maintain the files of all studies, plans, reports, recommendations and development decisions of the commission. H. The Historic Preservation Commission Shall be composed of both professional and lay members, all of whom have demonstrated interest, knowledge, or training in fields closely related to historic preservation, such as history, architecture, landscape architecture, architectural history, archaeology, planning, or other historic preservation related disciplines such as the building trades, CUltUral geograPhy, CUltural anthropology, real estate or law. Information on the credentials of the commission members must be kept on file and available to the public. I. At least three (3) members shall be professionals in preservation related disciplines such as architecture, architectural history, archaeology, history, planning or other historic preservation related disciplines such as Urban planning, American studies, American civilization, cultural geography or cultural anthropology. If the professionals are not available in the community, and if it can be demonstrated that a gOod faith effort was made to locate and appoint such professionals, this reqUirement Can be Waived, provided that the Historic Preservation Commission is capable of carrying out the responsibilities assigned to it. J. When the discipline of architecture, history, architectural history or archaeology is not represented in the HistOric Preservation Commission membership, the Historic Preservation Commission shall seek additional expertise in the appropriate areas when considering National Register nominatiOns and any Other delegated actions that will effect that discipline. K. Members of the commission shall serve without compensation. 26.220.040 staff. The Community Development Department shall be the professional staff of the Historic Preservation Commission. A representative of the Community Development Department shall be available at all meetings to provide advice to the Historic Preservation Commission. 26.220.050 Quorum and necessary vote. No meeting of the commission shall be called to order without a quorum consisting of at least four (4) members being present. No meeting at which less than a quorum shall be present shall conduct any business other than to continue the agenda items to a date certain. All actions shall require the concurring vote ora simple majority, but in no event less than three (3) concurring votes, of the members of the commission then present and voting. 10 26.220.060 Meetings, hearings and procedure. A. Regular meeting of the commission shall be held on the second and fourth Wednesdays of each month. Special meetings may be called by the chairperson of the commission, a majority of the members of the commission, thc Mayor, a majority of the City Council, or staff. B. All meetings and hearings of the commission shall be open to thc public. C. Public hearings shall be set for a date and time certain. 26.220.080 Committees and project monitoring. A. The commission may establish such committees as it deems advisable and assign each committee specific duties and functions. B. The chairman may designate the members of each committee and may name the chairman of each committee. The chairman may fill vacancies on committees as they are created. C. Each development project shall have a Historic Preservation Commission member assigned to it as a "project monitori" The duties of the monitor are to report at each meeting on the progress of the assigned project, keep current on the project's status through staff and the applicant, and be available to confer with staff and the applicant on the project, if necessary. D. Time during "communications" in each meeting will be dedicated to project monitoring reports. Section 2 The Aspen City Council hereby repeals all existing by-laws for the Planning and Zoning Commission, the Board of Adjustment, and the Historic Preservation Commission. The new chapters adopted herein for the Planning and Zoning Commission (Chapter 26.212), the Board of Adjustment (Chapter 26.216), and the Historic Preservation Commission (Chapter 26.220) shall serve as the by-laws for each board and commission. Section 3 This ordinance, when effective, shall not have any effect on existing litigation and shall 11 not operate as an abatement of any action or proceeding then pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded Under such prior ordinances. Section 4 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 5 A public hearing on the ordinance shall be held on the 9th day of December 2002, in City Council Chambers, Aspen City Hall, 130 South Galena, Aspen, Colorado. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 25th day of Noven)ber/2~ )0 . Mayor ATTEST: rathry~a S.,3x/Och City Clerk~ FINALLY adopted, passed and approved this 9th day of December 2002. 12 Helen Kalin KI~f~ Mayor ATTEST: 13