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HomeMy WebLinkAboutcoa.lu.ca.Miscellaneous Amendments.A098-01A098-01 Miscellaneous Code Amendments I • CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY A098-01 Miscellaneous Code Amendments Sarah Oates Code Amendments Citv of Aspen Communitv Development Department 3/25/02 Ord. 9-2002 Approved 3/26/02 J. Lindt PARCEL ID: I DATE RCVD: 10/TT # COPIES:— CASE NO A098 01 CASE NAMEd Miscellaneous Code Amendments PLNR: I Sarah Oates PROJ ADDR: CASE TYP: Code Amendments STEPS: OWN/APP: I City of Aspen Comm ADRJ 130 S Galena St C/S/Z: Aspen/CO/81611 PHN: REP:— ADR: F C/S/Z: PHN: FEES DUE: None FEES RCVD: None STAT: F REFERRALS REF:— BY�� DUE:�� MTG DATE REV BODY PH NOTICED I �. I F— F— DATE OF FINAL ACTION: REMARKS— CITY COUNCIL: PZ: BOA: CLOSED: -=C� BY: I J, t- - A DRAC: PLAT SUBMITD: IPLAT (BK,PG): ADMIN: pp • *N(11(b MEMORANDUM TO: Mayor and City Council THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: Sarah Oates, Zoning Officer J RE: Code Amendments --- Section 8.50.010-050, Flood Damage Prevention Ordinance, Section 26.104.100, Definitions; Section 26.222.070(B), DRAC Meetings, Hearings and Procedures; Section 26.304.060(E)(3), Public Notice; Section 26.312.030 (F)(2), Nonconforming Structures/Uses; Section 26.410.040(B)(1), Secondary Mass; Section 26.440.070(B), Specially Planned Area Agreement and Recordation; Section 26.445.070(A), Recording a Planned Unit Development Plan; Section 26.480.030(A)(2)(e), Subdivision Exemptions; Section 26.480.070, Subdivision Agreement; Sections 26.510.040(E), 26.510.060 & 26.510.080(C), Signs; Section 26.610.020(D), Park Development Impact Fee and Section 26.10.080, Park Impact Fee, Affordable Housing — 2"d Reading DATE: March 25, 2002 SUMMARY: These proposed code amendments are in response to inconsistencies and needed clarifications in the Land Use Code and Staff s desire to streamline and improve processes. The Community Development Department Staff and the Planning and Zoning Commission recommend City Council adopt code amendments to the following sections: ➢ Section 8.50.010-050, Flood Damage Prevention Ordinance ➢ Section 26.104.100, Definitions ➢ Section 26.222.070(B), DRA C Meetings, hearings and procedures ➢ Section 26.304.060(E)(3), Public Notice ➢ Section 26.312.030 (F)(2), Nonconforming Structures/Uses ➢ Section 26.410.040(B)(1), Secondary Mass ➢ Section 26.440.070(B), Specially Planned Area Agreement and Recordation ➢ Section 26.445.070(A), Recording a Planned Unit Development Plan ➢ Section 26.480.030(A)(2)(e), Subdivision Exemptions ➢ Section 26.480.070(E), Subdivision Agreement ➢ Sections 26.510.040(E), 26.510.060 & 26.510.080(C), Signs ➢ Section 26.610.020(D), Park Development Impact Fee ➢ Section 26.10.080, Park Impact Fee, Affordable Housing APPLICANT: The City of Aspen Community Development Department. • PROCEDURE: Pursuant to Section 26.310.020, Procedure for Amendment, a development application for an amendment to the text of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or disapproval by the Planning Director and then by the Planning and Zoning Commission at a public hearing, and then approved, approved with conditions, or disapproved by the City Council at a public hearing. DISCUSSION: For clarity, Staff has outlined and summarized each of the proposed amendments, section by section, below: Flood Damage Prevention Ordinance (Section 8.50.010-050): These provisions are required by the Flood Emergency Management Agency (FEMA) in order for the City to qualify to participate in FEMA's insurance programs. The regulations describe how development and redevelopment in flood prone areas must be constructed. These code provisions had been inadvertently eliminated from the Municipal Code. Addition of Definitions (Section 26.104.100): Currently, the Land Use Code does not have a definition for awning or canopy. Staff has difficultly regulating these elements without a clear definition. Public Notice Requirements (Sections 26.222.070(B) and 26.304.060(E)(3)): There are two proposed changes to the public notice section. The first code amendment would simplify and make consistent the public notice process by requiring fifteen (15) days noticing for posting, mailing and publishing for all applications when noticing is required. Currently, there are several requirements for the duration of the public notice depending on the type of development application, the ownership of neighboring properties and the reviewing board. The second code amendment will add a clause regarding noticing mineral estate owners of properties of any proposed development as required by state statute. • Clarification —Nonconforming Structures (Section 26.312.030(F)(2)): This code amendment would simply add a sentence to clarify what nonconformities can remain and what nonconformities must come into compliance at the time of the demolition of a structure. There is no substantive change to this section. Clarification of Secondary Mass Requirement (Section 26.410.040(B)(1)): When the City adopted the revised Residential Design Standards in 1999 one of the standards which was newly adopted included the secondary mass element. The current language does not clearly define what a "subordinate linking element" should look like. Staff proposes adding language to better describe the intent of this standard, which is to break up the massing of residential buildings with a single story element. • Extension of Recordation Deadlines (Sections 26.440.070(B), 26.445.070(A), 26.480.030(A)(2)(e), and 26.480.070(E)): Land Use Code provisions require that the extension for a recordation deadline (i.e. plat, PUD) 2 0 be approved by City Council. Staff proposes that if extensions are requested within the vesting time of three years and if a community interest exists for providing the extension, the Community Development Director can sign off administratively. If these criteria are not met, then the request for an extension would require review by the Planning and Zoning Commission. • Changes to the Sign Code (Sections 26.510.040(E), 26.510.060 and 26.510.080(C)): The sign code has two components which Staff feels should be changed to better reflect current existing conditions. First, the code currently requires that any sign with graphic art be reviewed by the Planning and Zoning Commission. This has not been a practice in recent years, and would create a significant logjam in the Planning and Zoning Commission agenda if reinstated. Second, the code requires that signs comply with the setback requirements of the zone district. The amendment would allow for signs to be located closer to the property line than the setback line. • AH Exemption from Park Impact Fee (Section 26.610.020(D) and Section 26.610.080): During the last revision of the Land Use Code affordable housing that complied with the Aspen/Pitkin County Affordable Housing Guidelines was made exempt from paying the Park Impact Fee. City Council requested that we eliminate this exemption and required City Council be the authority that waives the fees. PROPOSED AMENDMENTS: Staff proposes the following changes to the text of the Land Use Code, with the text to be added underlined and the text to be deleted with a strip: Section 8.50.010-050, Flood Damage Prevention Ordinance: SECTION 8.50.010 FINDINGS OF FACT, PURPOSE AND METHODS OF RED UCING FLOOD LOSS A) FINDINGS OF FACT (1) The flood hazard areas of Pitkin County and Incorporated areas are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all which adversely affect the public health, safety and general welfare. 2) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodnroofed. elevated or otherwise nrotected from flood damage also contribute to the flood loss. STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions to specific areas by provisions designed: (1) To protect human life and health; (2) To minimize expenditure of public money for costly flood control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) To minimize prolonged business interruptions; (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; (6) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) To ensure that potential buyers are notified that property is in an area of special flood hazard; and, (8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. C) METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this ordinance includes methods and provisions for: (1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; (4) Controlling filling, grading, dredging, and other development which may increase flood damage; and, (5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. SECTION 8.50.020 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its' most reasonable application. "Appeal" means a request for a review of the Community Development Engineer interpretation of any provisions of this ordinance or a request for a vanance. "Area of special flood hazard" means the land in the floodplain subject to a one percent or greater chance of flooding in any given year. "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. "Existing manufactured home nark or subdivision" means a manufactured home park for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) are completed before the effective date of this ordinance. "Expansion to existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities. the construction of streets, and either final site grading or the pouring of concrete pads). "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: The overflow of inland or tidal waters and/or • • The unusual and rapid accumulation or runoff of surface waters from any source. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones. "Flood Insurance Study" means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of this ordinance. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." "New construction" means structures for which the "start of construction" commenced on or after the effective date of this original ordinance, and includes any subsequent improvements to such structures. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of these floodplain management regulations "Recreational vehicle" means a vehicle, which is (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Structure" means a walled and roofed building or manufactured home that is principally above ground. "Substantial damage" means damage of any origin sustained by a structure _whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." "Variance" means a grant of relief from the requirements of this ordinance which permits construction in a manner that wouldotherwise be prohibited by this ordinance. E 11 SECTION 8.50.030 GENERAL PROVISIONS LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all areas of special lood hazard within the jurisdiction of the City of Aspen, Colorado. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for Pitkin County and Incorporated Areas", dated September 30, 1988, with an accompanying Flood Insurance Rate Map (FIRM), is hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study and FIRM are on file at the offices of the Community Development Engineer and (Address of Map Repository). C) COMPLIANCE No structure or land shall hereafter be constructed located extended converted or altered without full compliance with the terms of this ordinance and other applicable regulations. D) ABROGATIONAND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and, (3) Deemed neither to limit nor repeal any other powers granted under State statutes. WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Aspen, any officer or employee thereof, or the Federal Emergency Management Agency for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. SECTION 8.50.040 ADMINISTRATION ESTABLISHMENT OF DEVELOPMENT PERMIT A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 8.50.030(B). Application for a development permit shall be made on forms furnished by the Community Development Engineer and may include, but not be limited to: Plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Where base flood elevations are utilized, all new construction, substantial improvements and other development must comply with requirements of Section 8.50.040(C)(2), Use of Other Base Flood Data. DESIGNATION OF THE COMMUNITY DEVELOPMENT ENGINEER OF THE CITY OF ASPEN The Community Development Engineer is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions. DUTIES AND RESPONSIBILITIES OF THE COMMUNITY DEVELOPMENT ENGINEER Duties of the Community Development Engineer shall include, but not be limited to: Permit Review (a) Review all development permits to determine that the permit requirements of this ordinance have been satisfied; (b) Review all development permits to determine that all necessary permits have been obtained from Federal, State, or local governmental agencies from which prior approval is required. (c) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 8.50.050(C) are met. Use of Other Base Flood Data When base flood elevation data has not been provided in accordance with Section 8.50.030(B), BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Community Development Engineer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from any Federal, State, or other source. Where base flood elevation data are utilized, all new construction, substantial improvements, or other development in Zone A are administered in accordance with Sections 8.50.040(C)(3), Information to be Obtained and Maintained and 8.50.050(B), SPECIFIC STANDARDS. Information to be Obtained and Maintained Obtain and record the actual elevation (in relation to mean sea of the lowest floor (including basement) of all new or substantially improved structures and whether or not the structure contains a basement. (b) For all new or substantially improved floodproofed structures: (i) Verify and record the actual elevation (in relation to mean sea level) to which the structure has been floodproofed. (ii) Maintain the floodproofing certifications required in Section 8.50.040(C)(1). (c) Maintain for public inspection all records pertaining to the provisions of this ordinance. 4) Alteration of Watercourses (a) Notify adjacent communities, the Colorado Water Conservation Board, and the Grand Junction office of FEMA prior to any alteration or relocation of a 10 watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (b) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood -carrying capacity is not diminished. 5) Interpretation of FIRM Boundaries Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 8.50.040(D). D) VARIANCE PROCEDURE 1) Appeal Board (a) The Building Board of Appeals, as established by the City of Aspen, shall hear and decide appeals and requests for variances from the requirements of this ordinance. (b) The Building Code Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Community Development Engineer in the enforcement or administration of this ordinance. (c) Those aggrieved by the decision of the Building Code Board of Appeals, or any taxpayer, may appeal such decisions to the Circuit Court as provided in the Colorado Statute. (d) In passing upon such applications, the Building Code Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and: (i) the danger that materials may be swept onto other lands to the injury of others; (ii) the danger to life and property due to flooding or erosion damage; (iii) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners; (iv) the importance of the services provided by the proposed facility to the community; (v) the necessity to the facility of a waterfront location, where applicable; (vi) the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (vii) the compatibility of the proposed use with the existing and anticipated development; (viii) the relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (ix) the safety of access to the property in times of flood for ordinary and emergency vehicles; (x) the expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and, (xi) the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, streets and bridges. (e) Upon consideration of the factors of Section 8.50.040(D)(1)(d) and the purposes of this ordinance, the Building Code Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. (f) The Community Development Engineer shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency. Conditions for Variances a) Generallv, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (i-xi) in Section 8.50.040(D)(1)(d) have been fully considered. As the lot size increases beyond the one-half acre,the technical justifications required for issuing the variance increases. 12 (b) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section. (c) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (d) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (e) Variances shall only be issued upon: (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expenses, create nuisances, cause fraud on or victimization of the public as identified in Section 8.50.040(D)(1)(d) or conflict with existing local laws or ordinances. (f) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk from the reduced lowest floor elevation. SECTION 8.50.050 PROVISIONS FOR FLOOD HAZARD REDUCTION GENERAL STANDARDS In all areas of special flood hazard, the following standards are required: 1) Anchoring (a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure and capable of resisting the hydrostatic and hydrodynamic loads. All manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement and capable of resisting the hydrostatic and hydrodynamic loads. Methods of anchoring may include, but are not limited to use 13 of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. Specific requirements may be: (i) over -the -top ties be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations, with manufactured homes less than 50 feet long requiring one additional tie per side. (ii) frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with manufactured homes less than 50 feet long requiring four additional ties per side; (iii) all components of the anchoring system be capable of carrying a force of 4,800 pounds; and (iv) any additions to the manufactured home be similarly anchored. Construction Materials and Methods (a) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (b) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. c) All new construction and substantial improvements shall be constructed wih electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of floodin Utilities (a) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (b) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and (c) On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 4) Subdivision Proposals 14 (a) All subdivision proposals shall be consistent with the need to minimize flood damage; (b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and (d) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or 5 acres (whichever is less). B) SPECIFIC STANDARDS In all areas of special flood hazard where base flood elevation data has been provided as set forth in Section 8.50.030(B), BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD or SECTION 8.50.040(C)(2), Use of Other Base Flood Data, the following provisions are required: 1) Residential Construction New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated to or above the base flood elevation. 2) Nonresidential Construction New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (a) be floodproofed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water; (b) have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and, (c) be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this paragraph. Such certifications shall be provided to the official as set forth in Section 8.50.040(C)(2) 15 3) Openings in Enclosures Below the Lowest Floor For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: (a) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; (b) The bottom of all openings shall be no higher than one foot above grade; (c) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 4) Below -Grade Residential Crawlspace Construction New construction and substantial improvement of any below -grade crawlspace shall: (a) Have the interior grade elevation, that is below base flood elevation, no lower that two feet below the lowest adjacent grade; (b) Have the height of the below grade crawlspace measured from the interior grade of the crawlspace to the top of the foundation wall, not exceed four feet at any point; (c) Have an adequate drainage system that allows floodwaters to drain from the interior area of the crawlspace following a flood; (d) Meet the provisions of Section 8.50.050(A)(1), Anchoring; 8.50.050(A)(2), Construction Materials and Methods; and 8.50.050(A)(3), Openings in Enclosures Below the Lowest Floor. Manufactured Homes Manufactured homes shall be anchored in accordance with Section 8.50.050(A)(1)(a). (b) All manufactured homes or those to be substantially improved shall conform to the following requirements: 16 (i) Require that manufactured homes that are placed or substantially improved on a site (a) outside of a manufactured home park or subdivision, (b) in a new manufactured home park or subdivision, (c) in an expansion to an existing manufactured home park or subdivision, or (d) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (ii) Require that manufactured homes be placed or substantially improved on sites in existing manufactured home parks or subdivisions that are not subject to the provisions in (a) above be elevated so that either (a) the lowest floor of the manufactured home is at or above the base flood elevation, or (b) the manufactured home chassis is supported by reinforced piers or other foundation elements that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. 6) Recreational Vehicles Recreation vehicles are prohibited per Section 16.04.080 of the Aspen Municipal Code. FLOODWAYS Located within areas of special flood hazard established in Section 8.50.030(B) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply: 1) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in anv increase in flood levels during the occurrence of the base flood discharge. (2) If Section 8.50.050(C)(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 8.50.050, PROVISIONS FOR FLOOD HAZARD REDUCTION 17 Section 26.104.100, Definitions: Awning. A roof -like cover that projects not less that three (3) feet and not more than five (5) feet from the wall of a building for the purpose of shielding a doorway or window from the elements. Canopy. A roof -like cover that projects more than five (5) feet from the wall of a building. Farmers' market. A market established by an organization of farmers/producers to provide the opportunity for direct sale (by farmers or their representatives) of primarily produce, with the potential for accessory sales of other agriG lt„rall.,_ related-predurts, to wholesale or retail buyers at stalls or other similar structures of a temporary nature. (See Supplementary Regulations - Section 26.575.190, Farmers' markets). Section 26.222.070(B), Meetings, hearings and procedures: B. All meetings of the Design Review Appeal Committee shall be open to the public, and project sites for specific appeals shall be required to post the property at least five, (5) day-sfifteen (15) days prior to the hearing before the Committee. Section 26.304.060(E)(3), Public Notice: b. Posting of notice. Posting of notice shall be made by the applicant, who shall obtain a copy of the form from the Community Development Department. The notice shall be posted at least ten (1 m daysfifteen (15) days prior to the public hearing, by posting a sign in a conspicuous place on the property subject to the development application. The sign shall be made of suitable, waterproof materials, shall be not less than twenty-two (22) inches wide and twenty-six (26) inches high, and shall be composed of letters not less than one inch in height. C. Mailing of notice. Mailing of notice shall be made by the applicant, who shall obtain a copy of the notice from the Community Development Department. The mailing shall contain that information described in Section 26.304.060(E)(2). At least 10) daysfifteen (15) days prior to the public hearing, notice shall be sent by first class, postage prepaid U.S. mail, or hand delivered, to all owners of property within three hundred (300) feet of the property subject to the development applications at least fifteen (15) days prior- to the publir. hearing, netir%e shall be, sent by first class, posta pre -paid U.S. ;1 or h—ariddelivery to any federal agen6y6tate, reunty, municipal government,sehool, that -owns property —3Arithi�-al,roa hundred (300) f�et of the, prepert`; subject to the, develepment 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. 18 f. Notice to Mineral Estate Owner. An applicant for surface development shall notify affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application for development. The applicant shall certify that notice has been provided to the mineral estate owner. Section 26.312.030(F)(2), Nonconforming structures, Ability to Restore: F. Ability to Restore. 1. Non purposeful destruction. Any non -conforming structure which is demolished or destroyed by an act of nature, or through any manner not purposefully accomplished by the owner, may be restored as of right if a building permit for reconstruction is issued within twenty four (24) months of the date of demolition or destruction. 2. Purposeful destruction. Any non -conforming structure which is purposefully demolished or destroyed may be replaced with a different structure only if the replacement structure is in conformance with the current provisions of this Title, or unless replacement of the non -conformity is approved pursuant to the provisions of Chapter 26.430, Special Review. Any structure which is non -conforming in regards to the permitted density of the underlying zone district may maintain that specific non- conformity only if a building permit for the replacement structure is issued within twelve (12) months of the date of demolition or destruction.* *A duplex or two single-family residences on a substandard parcel in a zone district permitting such use is a non -conforming structure and subject to non -conforming structure replacement provisions. Density on a substandard parcel is permitted to be maintained but the structure must comply with the dimensional requirements of the code including single-family floor area requirements. Section 26.410.040(B)(1), Building Form, Secondary Mass: 1. Secondary Mass. All new structures shall locate at least 10% of their total square footage above grade in a mass which is completely detached from the principal building, or linked to it by a subordinate connecting element. Accessory buildings such as garages, sheds, and Accessory Dwelling Units are examples of appropriate uses for the secondary mass. A subordinate linking element for the purposes of secondary mass shall be defined as an element not less than six (6) feet in width and ten (10) feet in length with a plate height of not more than nine (9) feet. Section 26.440.070(B), SPA agreement and recordation: B. Recordation of final development plan. The final development plan, which shall consist, as applicable, of final drawings depicting the site plan, landscape plan, utility 19 plan and building elevations, and specially planned area (SPA) agreement shall be recorded in the office of the Pitkin County Clerk and Recorder, and shall be binding upon the property owners subject to the development order, their successors and assigns, and shall constitute the development regulations for the property. Development of the property shall be limited to the uses, density, configuration, and all other elements and conditions set forth on the final development plan and SPA agreement. Failure on the part of the applicant to record the final development plan and SPA agreement within a period of one hundred and eighty (180) days following its approval by City Council shall render the plan invalid and all associated vested rights shall expire. RI-eg-e-n-sideen; ion of the fi volopment plan and SPA agr-00MR-11t by the, Planning and Zoning GoanAter it), Gounril may be requiredgfel g-is-acceptance and reGerdiag-. The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. Section 26.445.070(A), Recording a Final PUD Development Plan: A. General. Unless otherwise specified in the City Council Ordinance granting final approval of a PUD development plan, all necessary documents, as applicable, shall be recorded within one -hundred -and -eighty (180) days of the adoption date of the final Ordinance. Failure to file these documents within this time period shall render null and void the approval of a final development plan. The C43, Coun^i1 may, t itsele- ar'z'cs Aviv d}Q- a-retien And for good cause shown, grant an extension of the d-e-adline', provided wr-itte o - n thirty (30) days prior- to the, de'Adlinn The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. Reconsideration of the final development plan and PUD agreement by the Planning and Zoning Commission and City Council may be required before its acceptance and recording. Section 26.480.030(2)(E), Lot Split: e. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and-rereasideratien of th lat by the -City Council v411-be required fer-a showing--of-geed-cause. The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. 20 C7 Section 26.480.070(E), Subdivision Agreement, Recordation: E. Recordation. The subdivision agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the plat within a period of one hundred eighty (180) days following approval by the City Council shall render the plat invalid Wnd- re-c-e-n-Sider-ation and approval of the plat by Planning.1 ZoningG ' sine on`l City Geunnil 10.4-1 he-, required before, its oro� ptaice And e unless an extension granted by City CeuaGil for A shev4ng of good cause. The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. The subdivision plat shall also be submitted in a digital format acceptable to the Community Development Department, for incorporation into the City/County GIS system. The one hundred eighty (180) day recordation requirement contained herein shall not apply to the recording of condominium maps, or declarations or any other documents required to be recorded to accomplish a condominiumization in the City of Aspen. Section 26.510.040(E), Determination of Compliance: E. Determination of compliance. 1 411 s;,tv's exc- pt tb M graphic- ae4g4i- After reviewing the application and determining its compliance and consistency with the purposes, requirements and standards in this Chapter, the Community Development Director shall approve, approve with conditions or deny the development application for a sign permit. 2. rirtn& with graphic- a s;„-. iI-n-tlwg-n- l� app'pliratio T- or -a-rign it involving agraphikTtG&ign-j- ye--Ge unitycat-Direrter-I- ' the, application -and-determme'--Its-O 11icatlon—and—detVryme—Tts-O Y- And /nnsistenGy with-4 epwt'.e&,- ments-atestandards-4-hCapterand-thpprev with-eonditior�s-or-donial-of-the ap -arid-Zoning Commisieo .Urn." KIM Section 26.510.060, Sign Setback: A41-Sigmas shall be, -subitG".0 the -setback -requirements -of the -ti}o3� ar"r.,at 8g4.o-whit , unless 11nj -exempted Or rno 'in this Chapter -.Signs are not subject to the setback requirements of the zone district where they are located. 21 Section 26.510.080(C), Graphic Designs: G.- Graphic- 4A- €recta -place, coastruGt-, reconstruct, alter-, pain mpaint,-Te l ie-design with-an-e€festive area greater- than -ton (10)--sure-#'eet-withAut-€irst--obtaining a.. sign-permi 44 a graphic. de ign fr-om._.the P-larining and Zoning -Commission: —'�--�`_----"---..�rtrapltic, design must n� ,Y12 L't�h� . ,�,� Iiai�He of trio Chapter provided -that no graphic design nee ronfem 4A-..ttie-..li lettering-n-�ectiA iing te-s trot regiilatiG s in Section26 sin 120 -- - . Iing -the-application-t ll receinend-Anti- the PlanninZoninhall approve, the prepased grapl�icrdesign if iv ........... _........ ----_-a. H the parcol on whir. 4-1�6 of be painted; ---- -b -ls- cArr�patiblls-with-flip 11t11Pr signs or graph V—Ci &i'gn —on the, preniirJes; I Ts s„itp e. an-YY"'Yri'a:tertA'-tftf'r••n�iigtfbVf-t'lti��d; ------ d. Cent -rib eS-to-aRY-s-GGi_ sli the partic. -area-Al the, city in:whiGh it is ttoo -bo-IoGated ell d--d pleasing -arancze; ..._......------....-.--.___-i. Tc liPsirph1P os wi „rldesign charartoristir.; -.._—_._....... ..... _........_.............___rat-Ar contiguous property --------li:----is net detri enta' ti prepgrty values; -and -..._...—__....--- i. Does not -constitute --- a-.-trafri 4s llistronting, or is not n[-nsidered-obse-en-j l%wdj-i ji Ll_Ya�bli6 nierals: t 22 4 The Planning and Zoning Commission may attarh to its annrriv l-of a rr �lppment app1i6a118a, any roldittions AiA4-In-it6 j-y-out the -purpose and intent of the reviewotanrl irµs._.._The D iJ ew0lopiiiE-+ttt— irevvto r, an maintained: •e- deveTlO -it shall e required to repaint any $raphi"-esigil-e73a tly as it previously existe`l, pursues-rl� t©-a--pr-ev-iously gr2 perril4t: Section 26.610.020(D). Park Impact Fee, Applicabili. Section 26.610.080. Affordable Housin Whenever the City Council shall have determined that any part of a proposed development constitutes an affordable housing development and wishes to subsidize its construction, the City Council may exempt that part of the development from the application of the park development impact fee, or reduce by any amount the fees imRosed by this section. RECOMMENDATION: Staff recommends that the City Council approve the amendments, as proposed herein. RECOMMENDED MOTION: "I move to approve the addition of Chapter 8.50 and Sections 8.50.010-050 and amendments to Section 26.104.100, Definitions; Section 26.222.070(B), DRAC Meetings, Hearings and Procedures; Section 26.304.060(E)(3), Public Notice; Section 26.312.030 (17)(2), Nonconforming Structures/Uses; Section 26.410.040(B)(1), Secondary Mass; Section 26.440.070(B), Specially Planned Area Agreement and Recordation; Section 26.445.070(A), Recording a Planned Unit Development Plan; Section 26.480.030(A)(2)(e), Subdivision Exemptions; Section 26.480.070, Subdivision Agreement; Sections 26.510.040(E), 26.510.060 & 26.510.080(C), Signs; Section 26.610.020(D), Park Development Impact Fees; and Section 26.610.080, Park Development Impact Fees, Affordable Housing as proposed in the Community Development Department memorandum." 23 • 0 CITY MANAGER'S COMMENTS: Attachments: Exhibit A: Review Standards 24 • • EXHIBIT A: REVIEW STANDARDS FOR CODE AMENDMENTS REVIEW STANDARDS: Chapter 26.92, Amendments To The Land Use Regulations And Official Zone District Map, at Section 26.92.020 provides nine (A -I) standards for City Council and the Planning and Zoning Commission's review of proposed amendments to the text of the Land Use Code. These standards and Staff s evaluation of the potential amendments relative to them are provided below, with the standard in italics followed by the Staff "response." A. Whether the proposed amendment is in conflict with any applicable portions of this title. RESPONSE: The proposed amendments would not be in conflict with any applicable portions of the Aspen Municipal Code. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. RESPONSE: None of the proposed amendments would be in conflict with any elements of the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land uses and neighborhood characteristics. RESPONSE: The code amendments proposed will not affect compatibility of existing land uses and neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: The proposed code amendments are not anticipated to have any effect on traffic generation or road safety. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. RESPONSE: The proposed code amendments are not anticipated to have an impact on infrastructure or infrastructure capacities. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: The proposed code amendments are not anticipated to have an effect on the natural environment except to preserve and enhance. 25 • • G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: These code amendments will be consistent and compatible with the community character in the City of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: No specific parcels or neighborhoods are impacted by these amendments. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. RESPONSE: Staff believes the proposed amendments will not be in conflict with the public interest, and are in harmony with the purpose and intent of this title. dAhome\sazaho\planning\code amendments\smallcodeamendscc.doc 26 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 has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. The foregoing "Affidavit of Notice" was acknowledged bet�) me this day of , 200� by —� , WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public to : SIRA o qh 41 q�s �O,c .. Pp0 ATTACHMENTS: COLO COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED B Y MAIL 0 • AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY:-9 1 Aspen, CO S SCHEDULED PUBLIC HEARING DATE: �� 200 STATE OF COLORADO ) SS. County of Pitkin ) I, 1G1 1, CY � (name, please print) being or epresenting 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) inc es wide and twenty-six (26) inches high, and which was composed of lettFrs not less than one inch in height. Said notice was posted at least ten (10) days prior to the public hearing and was continuously visible from the _ day of , 200_, 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 ten (10) 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, and, 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 any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns 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. (continued on next page) PUBLIC NOTICE RE: MISCELLANEOUS CITY OF ASPEN LAND USE CODE AMENDMENTS: SFa"."ION 26.104.100, DEFI- NITIONS; SECTION 26.222.070(B). DRAC MEET- INGS, HEARINGS AND PROCEDURES; SECTION 26.304.060(E)(3), PUBLIC NOTICE: SECTION 26.312.030 (F)(2), NONCONFORMING STRUC- TURES AND USES: SECTION 26.410.040(B)(1), SECONDARY MASS: SECTION 26.440.070(B), SPE- CIALLY PLANNED AREA AGREEMENT AND RE- CORDATION: SECTION 26.445.070(A), RECORD- ING A PLANNED UNIT DEVELOPMENT PLAN: SEC- TION 26.480.030(A)(2)(e), SUBDIVISION EXEMP- TIONS; SECTION 26.480.070, SUBDIVISION AGREE- MENT: SECTIONS 26.510.040(E), 26.510.060 & 26.510.080(C), SIGNS; SECTION 26.610.020(D), PARK DEVELOPMENT IMPACT FEE AND SECTION 26.610.080, PARK IMPACT FEE, AFFORDABLE HOUSING. SECTION 8 OF THE MUNICIPAL CODE, BUILDING REGULATIONS NOTICE IS HEREBY' GIVEN that a public hearing will be held on Monday. March 25, 2002, at a meeting to begin at 5:00 P.M. before the As- pen City Council, Council Chambers. City Hall 130 South Galena. Aspen, to consider miscellaneous city initiated Code Amendments to change the authority to grant an extension on the plat from City Council to the Community Development Di- rector. The proposed amendments would also make the time period for public noticing uniform, clarity the ability to maintain the density of non- conforming structures when purposely demoll- tloned, clarity what is intended by secondary mass as it relates to the Residential Design Stand- ards, amend the sign regulations in respect to setbacks and signs with graphics, and eliminate the affordable housing exemption from Park De- velopment Impact Fees. In addition, a proposed municipal code amendment to Section 8, Building Regulations will be considered that would add building regulations for properties within the flood plain of the Roaring Fork River is proposed based on the Federal Emergency Management Agency (FEMA) model ordinance. For further In- formation contact Sarah Oates/Joyce Ohlson at the Aspen /Pitkin Community Development De- partment, 130 South Galena St., Aspen, CO (970) 9245441, saraho®cl.aspen.co.us. s/Helen Kahn Klanderud, Mayor Aspen City Council Published in The Aspen Times on March 9, 2002. (8468) PUBLIC NOTICE CITY OF ASPEN LAND USE MISCELLANEOUS SECTION 26.104.100. DEFT- ' ENDMENTS: DRAC MEET - CODE AM SECTION 212212.070(B). SECTION NITIONS; AND PROCEDURES: SECTION INCS. HEARINGS pljglK NOTICE; ST{tUC- 26.304.060(E)(3)' NONCONFORMING 26.312.030 (F)(2)' SECITON 26.410.040(B)(1)• �p USES: 26.440070(B). TURFS, MASS: AREA AGREEMENT A� - SECONDARY RECORD CIALLY P NDCTION 26.445.010(A)• SEC- CORDATION: ,,0pMENT PLAN'. ING A PLANNED UNIT SUBDNISION EXEMP TION 26.46011�(A26?490.1170• SURDMSION AGREE- TIONS: SECTION 26.S10.060 � MENT: SECTIONS 26.51U.OM1(E). 26.610.020(D), SIGNS: SECTION 26.S10.080(C) CT AND SECTION IMPApFFORDABIE PARK DEVELOPMENT PxM@IPACf �' CODE. 26,610.080, SECTION 8 OF THE MUNICIPAL HOUSING, REGULATIONS that public hearing BUILDING ItEGUTA GIVEN a a NOTICE IS I E My GIVEN March Il. 20he s n at 5:011 P.M. before the Aspen oust . Chambers, City Ball 130 . mewing to 1 City. Cooncil, to consider miscellaneous S�;uth Galena, Aspen• 10 change the initiated Code Amendments n the plat Irma i�y to Rraro ar' extension on Di- authorlty to the Community Development also Council roposed amendments would City undorm. rectof. The P rlod for public noticing the time pe matntatn the density of nOm make ability to I demolt- clarity the when purpose b secondary conforming structures intended Y clarify what is gn Stand- tioned, the Residential De'"re lit to as it relates to regulations in mod.,the sign rap and eliminate amend with graphics. De - and signs exemption from Nark setbacks housing a proposed the aft ordabnepact Fees. In addition, Building code amendment to Section 8• velopment would add municipal will be considered that the Regulations for properties within regulations Fork River is propo Itled o ding of the Roaring Management Ilood plain Federal Emergency �. based on . model ordinance. 'Sarah 1 Agency (FEMA) mtormation contact fuRher at Aspen Ga- Ohlsoo the , 1, South Oates)loyce ment Department. sarah'W' as- mumty Develop 970) 92,."41. Jena St., Aspen' CO d. Mayor pen.co.us. slUelen KalinAspn Cr tYCouncil Published in The Aspen Times on February 23, 2002.(W2) _ 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 has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. gnature The f regoing "Affidavit of Notice" was acknowledged bef e me this ;ay of , 200� by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: %c3 s_ c7CIC� 4e_� Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE O PVNERS AND GOVERNINIENTAL AGENCIES NOTICED B Y MAIL 0 0 • AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE N(`r I�GY ADDRESS OF PROPERTY: SC I V (��%� P n CO1 SCHEDULED PUBLIC HEARING DATE: 200� STATE OF COLORADO ) ) SS. County of Pitkin ) 1, lA W \0— ' Li %A r (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 ten (10) days prior to the public hearing and was continuously visible from the _ day of , 200, 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 ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid 1 U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, 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 any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns 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 y sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) • • V k\t) MEMORANDUM TO: Mayor and City Council THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director j FROM: Sarah Oates, Zoning Officer 75r:> RE: Code Amendments --- Section 8.50.010-050, Flood Damage Prevention Ordinance, Section 26.104.100, Definitions; Section 26.222.070(B), DRAC Meetings, Hearings and Procedures; Section 26.304.060(E)(3), Public Notice; Section 26.312.030 (F)(2), Nonconforming Structures/Uses; Section 26.410.040(B)(1), Secondary Mass; Section 26.440.070(B), Specially Planned Area Agreement and Recordation; Section 26.445.070(A), Recording a Planned Unit Development Plan; Section 26.480.030(A)(2)(e), Subdivision Exemptions; Section 26.480.070, Subdivision Agreement; Sections 26.510.040(E), 26.510.060 & 26.510.080(C), Signs; Section 26.610.020(D), Park Development Impact Fee and Section 26.10.080, Park Impact Fee, Affordable Housing — 1" Reading DATE: February 25, 2002 SUMMARY: These proposed code amendments are in response to inconsistencies and needed clarifications in the Land Use Code and Staffs desire to streamline and improve processes. The Community Development Department Staff and the Planning and Zoning Commission recommend City Council adopt code amendments to the following sections: ➢ Section 8.50.010-050, Flood Damage Prevention Ordinance ➢ Section 26.104.100, Definitions ➢ Section 26.222.070(B), DRACMeetings, hearings and procedures ➢ Section 26.304.060(E)(3), Public Notice ➢ Section 26.312.030 (F)(2), Nonconforming Structures/Uses ➢ Section 26.410.040(B)(1), Secondary Mass ➢ Section 26.440.070(B), Specially Planned Area Agreement and Recordation ➢ Section 26.445.070(A), Recording a Planned Unit Development Plan ➢ Section 26.480.030(A)(2)(e), Subdivision Exemptions ➢ Section 26.480.070(E), Subdivision Agreement ➢ Sections 26.510.040(E), 26.510.060 & 26.510.080(C), Signs ➢ Section 26.610.020(D), Park Development Impact Fee ➢ Section 26.10.080, Park Impact Fee, Affordable Housing APPLICANT: The City of Aspen Community Development Department. • • PROCEDURE: Pursuant to Section 26.310.020, Procedure for Amendment, a development application for an amendment to the text of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or disapproval by the Planning Director and then by the Planning and Zoning Commission at a public hearing, and then approved, approved with conditions, or disapproved by the City Council at a public hearing. DISCUSSION: For clarity, Staff has outlined and summarized each of the proposed amendments, section by section, below: • Flood Damage Prevention Ordinance (Section 8.50.010-050): These provisions are required by the Flood Emergency Management Agency (FEMA) in order for the City to qualify to participate in FEMA's insurance programs. The regulations describe how development and redevelopment in flood prone areas must be constructed. These code provisions had been inadvertently eliminated from the Municipal Code. Addition of Definitions (Section 26.104.100): Currently, the Land Use Code does not have a definition for awning or canopy. Staff has difficultly regulating these elements without a clear definition. Public Notice Requirements (Sections 26.222.070(B) and 26.304.060(E)(3)): There are two proposed changes to the public notice section. The first code amendment would simplify and make consistent the public notice process by requiring fifteen (15) days noticing for posting, mailing and publishing for all applications when noticing is required. Currently, there are several requirements for the duration of the public notice depending on the type of development application, the ownership of neighboring properties and the reviewing board. The second code amendment will add a clause regarding noticing mineral estate owners of properties of any proposed development as required by state statute. Clarification —Nonconforming Structures (Section 26.312.030(F)(2)): This code amendment would simply add a sentence to clarify what nonconformities can remain and what nonconformities must come into compliance at the time of the demolition of a structure. There is no substantive change to this section. Clarification of Secondary Mass Requirement (Section 26.410.040(B)(1)): When the City adopted the revised Residential Design Standards in 1999 one of the standards which was newly adopted included the secondary mass element. The current language does not clearly define what a "subordinate linking element" should look like. Staff proposes adding language to better describe the intent of this standard, which is to break up the massing of residential buildings with a single story element. • Extension of Recordation Deadlines (Sections 26.440.070(B), 26.445.070(A), 26.480.030(A)(2)(e), and 26.480.070(E)): Land Use Code provisions require that the extension for a recordation deadline (i.e. plat, PUD) be approved by City Council. Staff proposes that if extensions are requested within the vesting time of three years and if a community interest exists for providing the extension, the Community Development Director can sign off administratively. If these criteria are not met, then the request for an extension would require review by the Planning and Zoning Commission. Changes to the Sign Code (Sections 26.510.040(E), 26.510.060 and 26.510.080(C)): The sign code has two components which Staff feels should be changed to better reflect current existing conditions. First, the code currently requires that any sign with graphic art be reviewed by the Planning and Zoning Commission. This has not been a practice in recent years, and would create a significant logjam in the Planning and Zoning Commission agenda if reinstated. Second, the code requires that signs comply with the setback requirements of the zone district. The amendment would allow for signs to be located closer to the property line than the setback line. AH Exemption from Park Impact Fee (Section 26.610.020(D) and Section 26.610.080): During the last revision of the Land Use Code affordable housing that complied with the Aspen/Pitkin County Affordable Housing Guidelines was made exempt from paying the Park Impact Fee. City Council requested that we eliminate this exemption and required City Council be the authority that waives the fees. PROPOSED AMENDMENTS: Staff proposes the following changes to the text of the Land Use Code, with the text to be added underlined and the text to be deleted with a strikgthreug : Section 8.50.010-050, Flood Damage Prevention Ordinance: SECTION 8.50.010 FINDINGS OF FACT, PURPOSE AND METHODS OF RED UCING FLOOD LOSS A) FINDINGS OF FACT (1) The flood hazard areas of Pitkin County and Incorporated areas are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. 2) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodnroofed. elevated or otherwise vrotected from flood damap-e also contribute to the flood loss. B) STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions to specific areas by provisions designed: (1) To protect human life and health; (2) To minimize expenditure of public money for costly flood control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) To minimize prolonged business interruptions; (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; (6) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) To ensure that potential buyers are notified that property is in an area of special flood hazard; and, (8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this ordinance includes methods and provisions for: (1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; (4) Controlling filling, grading, dredging, and other development which may increase flood damage; and, (5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. SECTION 8.50.020 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its' most reasonable application. "Appeal" means a request for a review of the Community Development Engineer interpretation of any provisions of this ordinance or a request for a vanance. "Area of special flood hazard" means the land in the floodplain subject to a one percent or greater chance of flooding in any given year. "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. "Existine manufactured home nark or subdivision" means a manufactured home park for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) are completed before the effective date of this ordinance. "Expansion to existine manufactured home nark or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities. the construction of streets, and either final site grading or the pouring of concrete pads). "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: The overflow of inland or tidal waters and/or (2) The unusual and rapid accumulation or runoff of surface waters from any source. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones. "Flood Insurance Study" means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of this ordinance. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." "New construction" means structures for which the "start of construction" commenced on or after the effective date of this original ordinance, and includes any subsequent improvements to such structures. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the Douriniz of concrete Dads) is completed on or after the effective date of these floodplain management regulations "Recreational vehicle" means a vehicle, which is (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or riot part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. _ "Structure" means a walled and roofed building or manufactured home that is principally above ground. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." "Variance" means a grant of relief from the requirements of this ordinance which permits construction in a manner that wouldotherwise be prohibited by this ordinance. SECTION 8.50.030 GENERAL PROVISIONS A) LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all areas of special lood hazard within the jurisdiction of the City of Aspen, Colorado. B) BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for Pitkin County and Incorporated Areas", dated September 30, 1988, with an accompanying Flood Insurance Rate Map (FIRM), is hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study and FIRM are on file at the offices of the Community Development Engineer and (Address of Map Repository). C) COMPLL4NCE No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this ordinance and other applicable regulations. D) ABROGATIONAND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. E) INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and, (3) Deemed neither to limit nor repeal any other powers granted under State statutes. F) WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Aspen, any officer or employee thereof, or the Federal Emergency Management Agency for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. SECTION 8.50.040 ADMINISTRATION ESTABLISHMENT OF DEVELOPMENT PERMIT A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 8.50.030(B). Application for a development permit shall be made on forms furnished by the Community Development Engineer and may include, but not be limited to: Plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Where base flood elevations are utilized, all new construction, substantial improvements and other development must comply with requirements of Section 8.50.040(C)(2), Use of Other Base Flood Data. DESIGNATION OF THE COMMUNITY DEVELOPMENT ENGINEER OF THE CITY OF ASPEN The Community Development Engineer is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions. C) DUTIES AND RESPONSIBILITIES OF THE COMMUNITY DEVELOPMENT ENGINEER Duties of the Community Development Engineer shall include but not be limited to: Permit Review (a) Review all development permits to determine that the permit requirements of this ordinance have been satisfied; (b) Review all development permits to determine that all necessary permits have been obtained from Federal, State, or local governmental agencies from which prior approval is required. (c) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 8.50.050(C) are met. 2) Use of Other Base Flood Data When base flood elevation data has not been provided in accordance with Section 8.50.030(B), BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Community Development Engineer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from any Federal, State, or other source. Where base flood elevation data are utilized, all new construction, substantial improvements, or other development in Zone A are administered in accordance with Sections 8.50.040(C)(3), Information to be Obtained and Maintained and 8.50.050(B), SPECIFIC STANDARDS. 3) Information to be Obtained and Maintained (a) Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. (b) For all new or substantially improved floodproofed structures: (i) Verify and record the actual elevation (in relation to mean sea level) to which the structure has been floodproofed. (ii) Maintain the floodproofmg certifications required in Section 8.50.040(C)(1). (c) Maintain for public inspection all records pertaining to the provisions of this ordinance. Alteration of Watercourses (a) Notify adjacent communities, the Colorado Water Conservation Board, and the Grand Junction office of FEMA prior to any alteration or relocation of a 10 watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (b) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood -carrying capacity is not diminished. 5) Interpretation of FIRM Boundaries Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 8.50.040(D). D) VARIANCE PROCEDURE 1) Appeal Board (a) The Building Board of Appeals, as established by the City of Aspen, shall hear and decide appeals and requests for variances from the requirements of this ordinance. (b) The Building Code Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Community Development Engineer in the enforcement or administration of this ordinance. (c) Those aggrieved by the decision of the Building Code Board of Appeals, or any taxpayer, may appeal such decisions to the Circuit Court as provided in the Colorado Statute. (d) In passing upon such applications, the Building Code Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and: (i) the danger that materials may be swept onto other lands to the injury of others; (ii) the danger to life and property due to flooding or erosion damage; (iii) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners; (iv) the importance of the services provided by the proposed facility to the community; (v) the necessity to the facility of a waterfront location, where applicable; (vi) the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (vii) the compatibility of the proposed use with the existing and anticipated development; (viii) the relationship of the proposed use to the comprehensive plan and floodplain management program for that area; _ (ix) the safety of access to the property in times of flood for ordinary and emergency vehicles; (x) the expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and, (xi) the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, streets and bridges. (e) Upon consideration of the factors of Section 8.50.040(D)(1)(d) and the purposes of this ordinance, the Building Code Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. (f) The Community Development Engineer shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency. 1) Conditions for Variances a) Generally. variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (i-xi) in Section 8.50.040(D)(1)(d) have been fully considered. As the lot size increases beyond the one-half acre,the technical justifications required for issuing the variance increases. 12 (b) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section. (c) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (d) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (e) Variances shall only be issued upon: (i) a showing of good and sufficient cause; a determination that failure to grant the variance would result in exceptional hardship to the applicant; and iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expenses, create nuisances, cause fraud on or victimization of the public as identified in Section 8.50.040(D)(1)(d) or conflict with existing local laws or ordinances. (f) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk from the reduced lowest floor elevation. SECTION 8.50.050 PROVISIONS FOR FLOOD HAZARD REDUCTION A) GENERAL STANDARDS In all areas of special flood hazard, the following standards are required: 1) Anchoring (a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure and capable of resisting the hydrostatic and hydrodynamic loads. All manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement and capable of resisting the hydrostatic and hydrodynamic loads. Methods of anchoring may include, but are not limited to use 13 of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. Specific requirements may be: (i) over -the -top ties be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations, with manufactured homes less than 50 feet long requiring one additional tie per side. (ii) frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with manufactured homes less than 50 feet long requiring four additional ties per side; (iii) all components of the anchoring system be capable of carrying a force of 4,800 pounds; and (iv) any additions to the manufactured home be similarly anchored. 2) Construction Materials and Methods (a) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (b) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (c) All new construction and substantial improvements shall be constructed wih electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Utilities (a) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (b) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and (c) On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 4) Subdivision Proposals 14 (a) All subdivision proposals shall be consistent with the need to minimize flood damage; (b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and (d) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or 5 acres (whichever is less). B) SPECIFIC STANDARDS In all areas of special flood hazard where base flood elevation data has been provided as set forth in Section 8.50.030(B), BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD or SECTION 8.50.040(C)(2), Use of Other Base Flood Data, the following provisions are required: 1) Residential Construction New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated to or above the base flood elevation. 2) Nonresidential Construction New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (a) be floodproofed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water; (b) have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and, (c) be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this paragraph. Such certifications shall be provided to the official as set forth in Section 8.50.040(C)(2) 15 3) Openings in Enclosures Below the Lowest Floor For all new construction and .substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: (a) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; (b) The bottom of all openings shall be no higher than one foot above rg ade; (c) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 4) Below -Grade Residential Crawlspace Construction New construction and substantial improvement of any below -grade crawlspace shall: (a) Have the interior grade elevation, that is below base flood elevation, no lower that two feet below the lowest adjacent grade; (b) Have the height of the below grade crawlspace measured from the interior grade of the crawlspace to the top of the foundation wall, not exceed four feet at any point; (c) Have an adequate drainage system that allows floodwaters to drain from the interior area of the crawlspace following a flood; (d) Meet the provisions of Section 8.50.050(A)(1), Anchoring; 8.50.050(A)(2), Construction Materials and Methods; and 8.50.050(A)(3), Openings in Enclosures Below the Lowest Floor. Manufactured Homes (a) Manufactured homes shall be anchored in accordance with Section 8.50.050(A)(1)(a). (b) All manufactured homes or those to be substantially improved shall conform to the following requirements: 16 (i) Require that manufactured homes that are placed or substantially improved on a site (a) outside of a manufactured home park or subdivision, (b) in a new manufactured home park or subdivision, (c) in an expansion to an existing manufactured home park or subdivision, or (d) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (ii) Require that manufactured homes be placed or substantially improved on sites in existing manufactured home parks or subdivisions that are not subject to the provisions in (a) above be elevated so that either (a) the lowest floor of the manufactured home is at or above the base flood elevation, or (b) the manufactured home chassis is supported by reinforced piers or other foundation elements that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. 6) Recreational Vehicles Recreation vehicles are prohibited per Section 16.04.080 of the Aspen Municipal Code. C) FLOODWAYS Located within areas of special flood hazard established in Section 8.50.030(B) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply: 1) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in anv increase in flood levels during the occurrence of the base flood discharge. (2) If Section 8.50.050(C)(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 8.50.050, PROVISIONS FOR FLOOD HAZARD REDUCTION 17 Section 26.104.100, De_flnitions: Awning. A roof -like cover that projects not less that three (3) feet and not more than five (5) feet from the wall of a building for the purpose of shielding a doorway or window from the elements. Canopy. A roof -like cover that projects more than five (5) feet from the wall of a building. Farmers' market. A market established by an organization of farmers/producers to provide the opportunity for direct sale (by farmers or their representatives) of primarily Celerade-grown-produce, with the potential for accessory sales of other agriculturally - related predusts, to wholesale or retail buyers at stalls or other similar structures of a temporary nature. (See Supplementary Regulations - Section 26.575.190, Farmers' markets). Section 26.222.070(B), Meetings, hearings and procedures: B. All meetings of the Design Review Appeal Committee shall be open to the public, and project sites for specific appeals shall be required to post the property at least five (5) daysfifteen (15) days prior to the hearing before the Committee. Section 26.304.060(E)(3), Public Notice: b. Posting of notice. Posting of notice shall be made by the applicant, who shall obtain a copy of the form from the Community Development Department. The notice shall be posted at least ten{ 0) dayrfifteen (15) days prior to the public hearing, by posting a sign in a conspicuous place on the property subject to the development application. The sign shall be made of suitable, waterproof materials, shall be not less than twenty-two (22) inches wide and twenty-six (26) inches high, and shall be composed of letters not less than one inch in height. C. Mailing of notice. Mailing of notice shall be made by the applicant, who shall obtain a copy of the notice from the Community Development Department. The mailing shall contain that information described in Section 26.304.060(E)(2). At least ten (10) daysfifteen (15) days prior to the public hearing, notice shall be sent by first class, postage prepaid U.S. mail, or hand delivered, to all owners of property within three hundred (300) feet of the property subject to the development application, and at least fifwen (15) days prior- to the publir. hearing, notice-, shall be sent by first rlass, pestage, pr-e- , reuaty, municipal thatra� �i^� (� 7 rims propertn� �thrnn hundred (300,%f the property subjea to th 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. 18 f. Notice to Mineral Estate Owner. An applicant for surface development shall notify affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application for development. The applicant shall certify that notice has been provided to the mineral estate owner. Section 26.312.030(F)(2), Nonconforming structures, Ability to Restore: F. Ability to Restore. 1. Non purposeful destruction. Any non -conforming structure which is demolished or destroyed by an act of nature, or through any manner not purposefully accomplished by the owner, may be restored as of right if a building permit for reconstruction is issued within twenty four (24) months of the date of demolition or destruction. 2. Purposeful destruction. Any non -conforming structure which is purposefully demolished or destroyed may be replaced with a different structure only if the replacement structure is in conformance with the current provisions of this Title, or unless replacement of the non -conformity is approved pursuant to the provisions of Chapter 26.430, Special Review. Any structure which is non -conforming in regards to the permitted density of the underlying zone district may maintain that specific non- conformity only if a building permit for the replacement structure is issued within twelve (12) months of the date of demolition or destruction.* *A duplex or two single-family residences on a substandard parcel in a zone district permitting such use is a non -conforming structure and subject to non -conforming structure replacement provisions. Density on a substandard parcel is permitted to be maintained but the structure must comply with the dimensional requirements of the code including single-family floor area requirements. Section 26.410.040(B)(1), Building Form, Secondary Mass: 1. Secondary Mass. All new structures shall locate at least 10% of their total square footage above grade in a mass which is completely detached from the principal building, or linked to it by a subordinate connecting element. Accessory buildings such as garages, sheds, and Accessory Dwelling Units are examples of appropriate uses for the secondary mass. A subordinate linking element for the purposes of secondary mass shall be defined as an element not less than six (6) feet in width and ten (10) feet in length with a plate height of not more than nine (9) feet. Section 26.440.070(B), SPA agreement and recordation: B. Recordation of final development plan. The final development plan, which shall consist, as applicable, of final drawings depicting the site plan, landscape plan, utility 19 0 plan and building elevations, and specially planned area (SPA) agreement shall be recorded in the office of the Pitkin County Clerk and Recorder, and shall be binding upon the property owners subject to the development order, their successors and assigns, and shall constitute the development regulations for the property. Development of the property shall be limited to the uses, density, configuration, and all other elements and conditions set forth on the final development plan and SPA agreement. Failure on the part of the applicant to record the final development plan and SPA agreement within a period of one hundred and eighty (180) days following its approval by City Council shall render the plan invalid and all associated vested rights shall expire. development plan and SPA agreement by the Planning md Zoning Ce i A�ef City Council may be require - The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. Section 26.445.0700), Recording a Final PUD Development Plait: A. General. Unless otherwise specified in the City Council Ordinance granting final approval of a PUD development plan, all necessary documents, as applicable, shall be recorded within one -hundred -and -eighty (180) days of the adoption date of the final Ordinance. Failure to file these documents within this time period shall render null and void the approval of a final development plan. The City Counoi may, -At- sele d-i-se.-r-e-tion Rand for good ro-ausse she;va, grant an exte-,Rsio-n- of ah-e- provide 3,witten request for exten i . ed no less than thirty (30) days prior- to the deadline, The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. Reconsideration of the final development plan and PUD agreement by the Planning and Zoning Commission and City Council may be required before its acceptance and recording. Section 26.480.03.0(2)(E), Lot Split: e. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalidAnd of the plat by the, Cit-y-AQounnil-will be•-requir-ed far-a—shewing-^mod-c,auso. The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. 20 L-J, • Section 26.480.070(E), Subdivision Agreement, Recordation: E. Recordation. The subdivision agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the plat within a period of one hundred eighty (180) days following approval by the City Council shall render the plat invalidWind and- approval of the plat by lanning and Zoning Commission and City Counroil will be required before its aGceptanGe -and ree.o_rdiag, unless an extension or waiver- is granted by City Gown-cil for -A -shewing e good cause. The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. The subdivision plat shall also be submitted in a digital format acceptable to the Community Development Department, for incorporation into the City/County GIS system. The one hundred eighty (180) day recordation requirement contained herein shall not apply to the recording of condominium maps, or declarations or any other documents required to be recorded to accomplish a condominiumization in the City of Aspen. Section 26.510.040(E), Determination of Compliance: E. Determination of compliance. I. e n 4eng ovnnr.t those ,=.;th graphic. e After reviewing the application and determining its compliance and consistency with the purposes, requirements and standards in this Chapter, the Community Development Director shall approve, approve with conditions or deny the development application for a sign permit. 2. ig s-the, Ow4a /' _'^lepi t-a7 pli��at�-en-far--a--sign p�l�•t involving rtr �. he-Cel unit Devel eat—Dire-+bttfr-�'evivv =--�=-_-�s� s=aphid . �.gn� ...t y.-.- ... epm the--app1i4r,ati4Dn-and----d4ot ie�-its �n pli �-and-consistency with the rposes, re iremer�ts ate- all c men-appro-val; approval with-condit P!arming -and-Zening-GomrnissiQn Section 26.510.060, Sign Setback: Alsigns shall be subject to the setbackS-Af tl2�i �ei}e �l�t�i6t-in-wl�i611 t12�y are ocated-and-thg-principal-use.te-whicJh-the} ,apply uabms-speci-firally exempted --or modi-fled Isewher=e in -this Ghapter-.Signs are not subject to the setback requirements of the zone district where they are located. 21 Section 26.510.080(C), Graphic Designs: Is rempatible with thp-, other signs or- graphir. designs on t IBM 22 • .. NMin -u-m— E Section 26.610.020(D), Park Impact Fee, Applicabili. D- Section 26.610.080. Affordable Housin _Whenever the City Council shall have determined that any part of a proposed development constitutes an affordable housing development and wishes to subsidize its construction, the City Council may exempt that part of the development from the application of the park development impact fee, or reduce by any amount the fees imposed by this section. RECOMMENDATION: Staff recommends that the City Council approve the amendments, as proposed herein. RECOMMENDED MOTION: "I move to approve the addition of Chapter 8.50 and Sections 8.50.010-050 and amendments to Section 26.104.100, Definitions; Section 26.222.070(B), DRAC Meetings, Hearings and Procedures; Section 26.304.060(E)(3), Public Notice; Section 26.312.030 (F)(2), Nonconforming Structures/Uses; Section 26.410.040(B)(1), Secondary Mass; Section 26.440.070(B), Specially Planned Area Agreement and Recordation; Section 26.445.070(A), Recording a Planned Unit Development Plan; Section 26.480.030(A)(2)(e), Subdivision Exemptions; Section 26.480.070, Subdivision Agreement; Sections 26.510.040(E), 26.510.060 & 26.510.080(C), Signs; Section 26.610.020(D), Park Development Impact Fees; and Section 26.610.080, Park Development Impact Fees, Affordable Housing as proposed in the Community Development Department memorandum." 23 is CITY MANAGER'S COMMENTS: Attachments: Exhibit A: Review Standards 24 EXHIBIT A: REVIEW STANDARDS FOR CODE AMENDMENTS REVIEW STANDARDS: Chapter 26.92, Amendments To The Land Use Regulations And Official Zone District Map, at Section 26.92.020 provides nine (A -I) standards for City Council and the Planning and Zoning Commission's review of proposed amendments to the text of the Land Use Code. These standards and Staff s evaluation of the potential amendments relative to them are provided below, with the standard in italics followed by the Staff "response." A. Whether the proposed amendment is in conflict with any applicable portions of this title. RESPONSE: The proposed amendments would not be in conflict with any applicable portions of the Aspen Municipal Code. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. RESPONSE: None of the proposed amendments would be in conflict with any elements of the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land uses and neighborhood characteristics. RESPONSE: The code amendments proposed will not affect compatibility of existing land uses and neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: The proposed code amendments are not anticipated to have any effect on traffic generation or road safety. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. RESPONSE: The proposed code amendments are not anticipated to have an impact on infrastructure or infrastructure capacities. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: The proposed code amendments are not anticipated to have an effect on the natural environment except to preserve and enhance. 25 G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: These code amendments will be consistent and compatible with the community character in the City of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: No specific parcels or neighborhoods are impacted by these amendments. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. RESPONSE: Staff believes the proposed amendments will not be in conflict with the public interest, and are in harmony with the purpose and intent of this title. dAhome\saraho\planning\code amendments\smallcodeamendscc.doc 26 ORDINANCE NO.9 (SERIES OF 2002) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE ADDITION OF CHAPTER 8.50, FLOOD DAMAGE PREVENTION AND SECTIONS 8.50.010-050 AND CODE AMENDMENTS TO THE FOLLOWING SECTIONS: SECTION 26.104.100, DEFINITIONS; SECTION 26.222.070(B), DRAC MEETINGS, HEARINGS AND PROCEDURES; SECTION 26.304.060(E)(3), PUBLIC NOTICE; SECTION 26.312.030 (F)(2), NONCONFORMING STRUCTURES/USES; SECTION 26.410.040(B)(1), SECONDARY MASS; SECTION 26.440.070(B), SPECIALLY PLANNED AREA AGREEMENT AND RECORDATION; SECTION 26.445.070(A), RECORDING A PLANNED UNIT DEVELOPMENT PLAN; SECTION 26.480.030(A)(2)(E), SUBDIVISION EXEMPTIONS; SECTION 26.480.070, SUBDIVISION AGREEMENT; SECTIONS 26.510.040(E), 26.510.060 & 26.510.080(C), SIGNS; SECTION 26.610.020(D), PARK DEVELOPMENT IMPACT FEE; AND SECTION 26.610.080, PARK DEVELOPMENT IMPACT FEE, AFFORDABLE HOUSING, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department initiated code amendment changes to the above cited sections pursuant to Section 26.210.020(B)(14) of the Land Use Code; and WHEREAS, pursuant to Sections 26.310.040, the City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by ordinance approve, approve with conditions, or deny a Code Amendment application for Amendment to the Land Use Code and Official Zone District Map, after recommendation by the Community Development Department and Planning and Zoning Commission pursuant to Section 26.430.020; and, WHEREAS, the Community Development Department reviewed the Code Amendments to the above cited sections pursuant to Section 26.310.040 and recommended approval; and, WHEREAS, during a public hearing on January 29, 2002, the Planning and Zoning Commission recommended, by a six to zero (6-0) vote, the City Council approve the amendments to Section 26.104.100, Definitions; Section 26.222.070(B), DRAC Meetings, Hearings and Procedures; Section 26.304.060(E)(3), Public Notice; Section 26.312.030 (F)(2), Nonconforming Structures/Uses; Section 26.410.040(B)(1), Secondary Mass; Section 26.440.070(B), Specially Planned Area Agreement and Recordation; Section 26.445.070(A), Recording a Planned Unit Development Plan; Section 26.480.030(A)(2)(e), Subdivision Exemptions; Section 26.480.070, Subdivision Agreement; Sections 26.510.040(E), 26.510.060 & 26.510.080(C), Signs; and Section 26.610.020(D), Park Development Impact Fee as proposed by the Community Development Department and, WHEREAS, the City Council conducted a public hearing, considered the recommendation of the Community Development Director and took public testimony for the addition of Chapter 8.50, Floor Damage Prevention and Sections 8.50.010-050 and Code Amendments to Section 26.104.100, Definitions; Section 26.222.070(B), DRAC Meetings, Hearings and Procedures; Section 26.304.060(E)(3), Public Notice; Section 26.312.030 (F)(2), Nonconforming Structures/Uses; Section 26.410.040(B)(1), Secondary Mass; Section 26.440.070(B), Specially Planned Area Agreement and Recordation; Section 26.445.070(A), Recording a Planned Unit Development Plan; Section 26.480.030(A)(2)(e), Subdivision Exemptions; Section 26.480.070, Subdivision Agreement; Sections 26.510.040(E), 26.510.060 & 26.510.080(C), Signs; and Section 26.610.020(D), Park Development Impact Fee as proposed by the Community Development Department and, WHEREAS, the City Council finds that the Code Amendment proposal meets or exceeds all applicable amendment standards and that the approval of the Code Amendment, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL: Section 1: That Title 8 of the Aspen Municipal Code be amended by the addition of a new Chapter 8.50 which chapter shall read as follows: FLOOD DAMAGE PREVENTION SECTION 8.50.010 FINDINGS OF FACT, PURPOSE AND METHODS OF REDUCING FLOOD LOSS A) FINDINGS OF FACT (1) The flood hazard areas of Pitkin County and Incorporated areas are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are N inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. B) - STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions to specific areas by provisions designed: (1) To protect human life and health; (2) To minimize expenditure of public money for costly flood control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) To minimize prolonged business interruptions; (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; (6) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) To ensure that potential buyers are notified that property is in an area of special flood hazard; and, (8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. C) METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this ordinance includes methods and provisions for: (1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; 3 (4) Controlling filling, grading, dredging, and other development which may increase flood damage; and, (5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. SECTION 8.50.020 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its' most reasonable application. "Appeal" means a request for a review of the Community Development Engineer interpretation of any provisions of this ordinance or a request for a variance. "Area of special flood hazard" means the land in the floodplain subject to a one percent or greater chance of flooding in any given year. "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. "Existing manufactured home park or subdivision" means a manufactured home park for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) are completed before the effective date of this ordinance. "Expansion to existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters and/or 4 • • (2) The unusual and rapid accumulation or runoff of surface waters from any source. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones. "Flood Insurance Study" means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of this ordinance. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." "New construction" means structures for which the "start of construction" commenced on or after the effective date of this original ordinance, and includes any subsequent improvements to such structures. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of these floodplain management regulations "Recreational vehicle" means a vehicle, which is (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Structure" means a walled and roofed building or manufactured home that is principally above ground. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." "Variance" means a grant of relief from the requirements of this ordinance which permits construction in a manner that wouldotherwise be prohibited by this ordinance. IN SECTION 8.50.030 GENERAL PROVISIONS A) LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all areas of special lood hazard within the jurisdiction of the City of Aspen, Colorado. B) BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for Pitkin County and Incorporated Areas", dated September 30, 1988, with an accompanying Flood Insurance Rate Map (FIRM), is hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study and FIRM are on file at the offices of the Community Development Engineer and (Address of Map Repository). C) COMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this ordinance and other applicable regulations. D) ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. E) INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and, (3) Deemed neither to limit nor repeal any other powers granted under State statutes. 7 0 • F) WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Aspen, any officer or employee thereof, or the Federal Emergency Management Agency for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. SECTION 8.50.040 ADMINISTRATION A) ESTABLISHMENT OF DEVELOPMENT PERMIT A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 8.50.030(B). Application for a development permit shall be made on forms furnished by the Community Development Engineer and may include, but not be limited to: Plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Where base flood elevations are utilized, all new construction, substantial improvements and other development must comply with requirements of Section 8.50.040(C)(2), Use of Other Base Flood Data. B) DESIGNATION OF THE COMMUNITY DEVELOPMENT ENGINEER OF THE CITY OF ASPEN The Community Development Engineer is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions. C) DUTIES AND RESPONSIBILITIES OF THE COMMUNITY DEVELOPMENT ENGINEER Duties of the Community Development Engineer shall include, but not be limited to: 1) Permit Review (a) Review all development permits to determine that the permit requirements of this ordinance have been satisfied; (b) Review all development permits to determine that all necessary permits have been obtained from Federal, State, or local governmental agencies from which prior approval is required. (c) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 8.50.050(C) are met. 2) Use of Other Base Flood Data When base flood elevation data has not been provided in accordance with Section 8.50.030(B), BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Community Development Engineer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from any Federal, State, or other source. Where base flood elevation data are utilized, all new construction, substantial improvements, or other development in Zone A are administered in accordance with Sections 8.50.040(C)(3), Information to be Obtained and Maintained and 8.50.050(B), SPECIFIC STANDARDS. 3) Information to be Obtained and Maintained (a) Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. (b) For all new or substantially improved floodproofed structures: (i) Verify and record the actual elevation (in relation to mean sea level) to which the structure has been floodproofed. (ii) Maintain the floodproofing certifications required in Section 8.50.040(C)(1). (c) Maintain for public inspection all records pertaining to the provisions of this ordinance. 4) Alteration of Watercourses (a) Notify adjacent communities, the Colorado Water Conservation Board, and the Grand Junction office of FEMA prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. 0 (b) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood -carrying capacity is not diminished. 5) Interpretation of FIRM Boundaries Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 8.50.040(D). D) VARIANCE PROCEDURE 1) Appeal Board (a) The Building Code Board of Appeals, as established by the City of Aspen, shall hear and decide appeals and requests for variances from the requirements of this ordinance. (b) The Building Code Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Community Development Engineer in the enforcement or administration of this ordinance. (c) Those aggrieved by the decision of the Building Code Board of Appeals, or any taxpayer, may appeal such decisions to the Circuit Court as provided in the Colorado Statute. (d) In passing upon such applications, the Building Code Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and: (i) the danger that materials may be swept onto other lands to the injury of others; (ii) the danger to life and property due to flooding or erosion damage; (iii) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners; (iv) the importance of the services provided by the proposed facility to the community; (v) the necessity to the facility of a waterfront location, where applicable; 10 (vi) the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (vii) the compatibility of the proposed use with the existing and anticipated development; (viii) the relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (ix) the safety of access to the property in times of flood for ordinary and emergency vehicles; (x) the expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and, (xi) the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, streets and bridges. (e) Upon consideration of the factors of Section 8.50.040(D)(1)(d) and the purposes of this ordinance, the Building Code Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. (f) The Community Development Engineer shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency. 1) Conditions for Variances (a) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (i-xi) in Section 8.50.040(D)(1)(d) have been fully considered. As the lot size increases beyond the one-half acre,the technical justifications required for issuing the variance increases. (b) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section. 11 (c) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (d) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (e) Variances shall only be issued upon: (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expenses, create nuisances, cause fraud on or victimization of the public as identified in Section 8.50.040(D)(1)(d) or conflict with existing local laws or ordinances. (f) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk from the reduced lowest floor elevation. SECTION 8.50.050 PROVISIONS FOR FLOOD HAZARD REDUCTION A) GENERAL STANDARDS In all areas of special flood hazard, the following standards are required: 1) Anchoring (a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure and capable of resisting the hydrostatic and hydrodynamic loads. (b) All manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement and capable of resisting the hydrostatic and hydrodynamic loads. Methods of anchoring may include, but are not limited to use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. Specific requirements may be: (i) over -the -top ties be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate 12 0 locations, with manufactured homes less than 50 feet long requiring one additional tie per side. (ii) frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with manufactured homes less than 50 feet long requiring four additional ties per side; (iii) all components of the anchoring system be capable of carrying a force of 4,800 pounds; and (iv) any additions to the manufactured home be similarly anchored. 2) Construction Materials and Methods (a) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (b) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (c) All new construction and substantial improvements shall be constructed wih electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 3) Utilities (a) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (b) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and (c) On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 4) Subdivision Proposals (a) All subdivision proposals shall be consistent with the need to minimize flood damage; (b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; 13 (c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and (d) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or 5 acres (whichever is less). B) SPECIFIC STANDARDS In all areas of special flood hazard where base flood elevation data has been provided as set forth in Section 8.50.030(B), BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD or SECTION 8.50.040(C)(2), Use of Other Base Flood Data, the following provisions are required: 1) Residential Construction New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated to or above the base flood elevation. 2) Nonresidential Construction New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (a) be floodproofed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water; (b) have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and, (c) be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this paragraph. Such certifications shall be provided to the official as set forth in Section 8.50.040(C)(2) 3) Openings in Enclosures Below the Lowest Floor For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a 14 registered professional engineer or architect or must meet or exceed the following minimum criteria: (a) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; (b) The bottom of all openings shall be no higher than one foot above grade; (c) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 4) Below -Grade Residential Crawlspace Construction New construction and substantial improvement of any below -grade crawlspace shall: (a) Have the interior grade elevation, that is below base flood elevation, no lower that two feet below the lowest adjacent grade; (b) Have the height of the below grade crawlspace measured from the interior grade of the crawlspace to the top of the foundation wall, not exceed four feet at any point; (c) Have an adequate drainage system that allows floodwaters to drain from the interior area of the crawlspace following a flood; (d) Meet the provisions of Section 8.50.050(A)(1), Anchoring; 8.50.050(A)(2), Construction Materials and Methods; and 8.50.050(A)(3), Openings in Enclosures Below the Lowest Floor. 5) Manufactured Homes (a) Manufactured homes shall be anchored in accordance with Section 8.50.050(A)(1)(a). (b) All manufactured homes or those to be substantially improved shall conform to the following requirements: (i) Require that manufactured homes that are placed or substantially improved on a site (a) outside of a manufactured home park or subdivision, (b) in a new manufactured home park or subdivision, (c) in an expansion to an existing manufactured home park or subdivision, or (d) in an existing manufactured home park or subdivision on which a manufactured 15 home has incurred "substantial damage" as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (ii) Require that manufactured homes be placed or substantially improved on sites in existing manufactured home parks or subdivisions that are not subject to the provisions in (a) above be elevated so that either (a) the lowest floor of the manufactured home is at or above the base flood elevation, or (b) the manufactured home chassis is supported by reinforced piers or other foundation elements that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. 6) Recreational Vehicles Recreation vehicles are prohibited per Section 16.04.080 of the Aspen Municipal Code. Q FLOODWAYS Located within areas of special flood hazard established in Section 8.50.030(B) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply: (1) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (2) If Section 8.50.050(C)(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 8.50.050, PROVISIONS FOR FLOOD HAZARD REDUCTION Section 2• That Section 26.104.100 of the Aspen Municipal Code shall be amended as follows: Section 26.104.100, Definitions: Awning. A roof -like cover that projects not less that three (3) feet and not more than five (5) feet from the wall of a building for the purpose of shielding a doorway or window from the elements. 1UG4 Canopy. A roof -like cover that projects more than five (5) feet from the wall of a building. Section 3• That Section 26.222.070(B) of the Aspen Municipal Code shall be amended as follows: Section 26.222.070(B), Meetings, hearings and procedures: B. All meetings of the Design Review Appeal Committee shall be open to the public, and project sites for specific appeals shall be required to post the property at least fifteen (15) days prior to the hearing before the Committee. Section 4• That Section 26.304.060(E)(3) of the Aspen Municipal Code shall be amended as follows: Section 26.304.060(E)(3). Public Notice: b. Posting of notice. Posting of notice shall be made by the applicant, who shall obtain a copy of the form from the Community Development Department. The notice shall be posted at least fifteen (15) days prior to the public hearing, by posting a sign in a conspicuous place on the property subject to the development application. The sign shall be made of suitable, waterproof materials, shall be not less than twenty-two (22) inches wide and twenty-six (26) inches high, and shall be composed of letters not less than one inch in height. C. Mailing of notice. Mailing of notice shall be made by the applicant, who shall obtain a copy of the notice from the Community Development Department. The mailing shall contain that information described in Section 26.304.060(E)(2). At least fifteen (15) days prior to the public hearing, notice shall be sent by first class, postage prepaid U.S. mail, or hand delivered, 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. f. Notice to Mineral Estate Owner. An applicant for surface development shall notify affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application for development. The applicant shall certify that notice has been provided to the mineral estate owner. 17 Section 5• That Section 26.312.030(F)(2) of the Aspen Municipal Code shall be amended as follows: Section 26.312.030(F)(2), Nonconforming structures, Ability to Restore.- F. Ability to Restore. 1. Non purposeful destruction. Any non -conforming structure which is demolished or destroyed by an act of nature, or through any manner not purposefully accomplished by the owner, may be restored as of right if a building permit for reconstruction is issued within twenty four (24) months of the date of demolition or destruction. 2. Purposeful destruction. Any non -conforming structure which is purposefully demolished or destroyed may be replaced with a different structure only if the replacement structure is in conformance with the current provisions of this Title, or unless replacement of the non -conformity is approved pursuant to the provisions of Chapter 26.430, Special Review. Any structure which is non- conforming in regards to the permitted density of the underlying zone district may maintain that specific non -conformity only if a building permit for the replacement structure is issued within twelve (12) months of the date of demolition or destruction.* *A duplex or two single-family residences on a substandard parcel in a zone district permitting such use is a non -conforming structure and subject to non- conforming structure replacement provisions. Density on a substandard parcel is permitted to be maintained but the structure must comply with the dimensional requirements of the code including single-family floor area requirements. Section 6• That Section 26.410.040(B)(1) of the Aspen Municipal Code shall be amended as follows: Section 26.410.040(B)(1), Building Form, Secondary Mass: 1. Secondary Mass. All new structures shall locate at least 10% of their total square footage above grade in a mass which is completely detached from the principal building, or linked to it by a subordinate connecting element. Accessory buildings such as garages, sheds, and Accessory Dwelling Units are examples of appropriate uses for the secondary mass. A subordinate linking element for the purposes of secondary mass shall be defined as an element not less than six (6) feet in width and ten (10) feet in length with a plate height of not more than nine (9) feet. Section 7: That Section 26.440.070(B) of the Aspen Municipal Code shall be amended as follows: 18 Section 26.440.070(B), SPA agreement and recordation: B. Recordation of final development plan. The final development plan, which shall consist, as applicable, of final drawings depicting the site plan, landscape plan, utility plan and building elevations, and specially planned area (SPA) agreement shall be recorded in the office of the Pitkin County Clerk and Recorder, and shall be binding upon the property owners subject to the development order, their successors and assigns, and shall constitute the development regulations for the property. Development of the property shall be limited to the uses, density, configuration, and all other elements and conditions set forth on the final development plan and SPA agreement. Failure on the part of the applicant to record the final development plan and SPA agreement within a period of one hundred and eighty (180) days following its approval by City Council shall render the plan invalid and all associated vested rights shall expire. The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. Section 8• That Section 26.445.070(A) of the Aspen Municipal Code shall be amended as follows: Section 26.445.070(A), Recording a Final PUD Development Plan: A. General. Unless otherwise specified in the City Council Ordinance granting final approval of a PUD development plan, all necessary documents, as applicable, shall be recorded within one -hundred -and -eighty (180) days of the adoption date of the final Ordinance. Failure to file these documents within this time period shall render null and void the approval of a final development plan. The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. Reconsideration of the final development plan and PUD agreement by the Planning and Zoning Commission and City Council may be required before its acceptance and recording. 4eetinn 9! That Section 26.480.030(2)(E) of the Aspen Municipal Code shall be amended as follows: Section 26.480.030(2)(E), Lot Split. e. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid. The Community 19 Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. Section 10• That Section 26.480.070(E) of the Aspen Municipal Code shall be amended as follows: Section 26.480.070(E), Subdivision Agreement, Recordation: E. Recordation. The subdivision agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the plat within a period of one hundred eighty (180) days following approval by the City Council shall render the plat invalid. The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. The subdivision plat shall also be submitted in a digital format acceptable to the Community Development Department, for incorporation into the City/County GIS system. The one hundred eighty (180) day recordation requirement contained herein shall not apply to the recording of condominium maps, or declarations or any other documents required to be recorded to accomplish a condominiumization in the City of Aspen. Section 11 That Section 26.510.040(E) of the Aspen Municipal Code shall be amended as follows: Section 26.510.040(E), Determination of Compliance: E. Determination of compliance. After reviewing the application and determining its compliance and consistency with the purposes, requirements and standards in this Chapter, the Community Development Director shall approve, approve with conditions or deny the development application for a sign permit. Section 12• That Section 26.510.060 of the Aspen Municipal Code shall be amended as follows: Section 26.510.060, Sign Setback: Signs are not subject to the setback requirements of the zone district where they are located. 20 L' • Section 13: That Section 26.510.080(C) of the Aspen Municipal Code shall be amended as follows: Section 26.510.080(C), Graphic Designs: Section has been eliminated. Section 14• That Section 26.610.020(D) of the Aspen Municipal Code shall be amended as follows: Section 26.610.020(D), Park Impact Fee, Applicability: Section has been eliminated. Section 15• That Section 26.610.080 of the Aspen Municipal Code shall be amended as follows: Section 26.610.080, Affordable Housing Whenever the city council shall have determined that any part of a proposed development constitutes an affordable housing development and wishes to subsidize its construction, the city council may exempt that part of the development from the application of the park development impact fee, or reduce by any amount the fees imposed by this section. Section 16• All material representations and commitments made by the applicant pursuant to the Code Amendment approval as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such Code Amendment approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 17: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 18: 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. 21 • • INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 25 h day of February, 2002. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, adopted, passed and approved this 11t' Day of March, 2002. Attest: Kathryn S. Koch, City Clerk Approved as to form: John Worcestor, City Attorney Helen Kalin Klanderud, Mayor d:\home\saraho\planning\codeamendments\smallcodeordfema.doc 22 'ASPEN PLANNINA ZONING COMMISSION—Ml*tes—Ja n ua ry 29, 2002 variance; the garage entryway was cut back. Staff recommended approval with the conditions as outlined in the resolution with the change in wording from prior to b,,; &ng ei v. i to certificate of occupancy. The applicant noted that it was 8 feet not 5 feet. No public comments. MOTION: Ron Erickson moved to approve the 8040 Greenline Review and a variance from the twenty-five (25) foot height limit by four and one-half (4'/2) feet for the expansion of the single-family residence at 200 Sesame Street with the conditions included in P&Z Resolution #02-02 finding that the criteria have been met. Roger Haneman seconded. Roll call vote: Myrin, yes; Kruger, yes; Haneman, yes; Buettow, yes; Erickson, yes; Blaich, yes. APPROVED 6-0. PUBLIC HEARING: MISCELLANEOUS LAND USE CODE AMENDMENTS Bob Blaich opened the public hearing. Sarah Oates provided the notice, which David Hoefer stated met the jurisdictional requirements for the P&Z Commission to proceed. Oates noted the proposed code changes were to Sections 26.104.100, Definitions; Section 26.222.070(B), DRAC Meetings, Hearings and Procedures; Section 26.304.060(E)(3), Public Notice; Section 26.312.030 (F)(2), Nonconforming Structures/Uses; Section 26.410.040(B)(1), Secondary Mass; Section 26.440.070(B), Specially Planned Area Agreement and Recordation; Section 26.445.070(A), Recording a Planned Unit Development Plan; Section 26.480.030(A)(2)(e), Subdivision Exemptions; Section 26.480.070, Subdivision Agreement; Sections 26.510.040(E), 26.510.060 & 26.510.080(C), Signs; and Section 26.610.020(D), Park Development Impact Fee as proposed by the Community Development Department. Oates said that these were changes to some small deficiencies in the Land Use Code and that Chris Bendon would be working on the whole code. There were the addition of 2 definitions and a modification to another one. There was now a differentiation between an awning and a canopy. Bob Blaich asked if that had anything to do with the Caribou Alley. Oates replied that it did not. Ron Erickson stated that a canopy was approved in the Caribou Alley and it grew to a roof with doors. Oates responded that was still under review. The public notice requirements, Section 26.304.060(E)(3), were made simpler by having a 15-day notice for all public hearings instead of different day requirements 4 ASPEN PLANNINGO ZONING COMMISSION Moltes January 29, 2002 for different hearings. The standard was 300 feet. The minerals estate ownership did not apply to this notice because it was passed by the State with a 30-day notice requirement. Ron Erickson questioned the notice regarding the time-share owners all having to be sent a notice. Ohlson noted that the Stream Margin still only required the posting without a mailing or legal notice; the section would come back for further clarification. Section 26.410.040(B)(1), for the Secondary Mass was in the Residential Design Standards with a secondary mass being able to be linked to the primary mass by a subordinate linking element or completely detached. The subordinate linking element was not described, so there have been many debates. Oates said the new requirement was for a one-story element with specific clarification on the size. Section 26.440.070(B), Specially Planned Area Agreement and Recordation and Section 26.445.070(A), Recording a Planned Unit Development Plan would simplify the process because it could be signed off on administratively with a plat being recorded within 180 days of approval and not having to go to Council for the approval after that 180 day limit. Oates said the Sign Code, Sections 26.510.040(E), 26.510.060 & 26.510.080(C) changes were to delete the requirement for any sign with graphic art to be reviewed by the planning & zoning commission. Oates said that has not been in practice for years; as long as the sign met the sign code requirements staff could sign off on the approval for the sign. Oates said that the current setback requirements for a sign were also problematic because there were many signs on property lines; signs in setbacks were okay as long as they weren't in the public right-of-way. An example was that the Baptist Church was an existing non -conforming sign; Oates stated that if they came in for a new sign then they would have to ask for a variance. The Commercial Core had a zero lot line; technically they needed an encroachment license, if the signs hung into the public rights -of -way. Security signs were a separate issue. Oates said that AH projects that met the housing guidelines were exempt from Section 26.610.020(D), Park Development Impact Fee; City Council wanted to eliminate the automatic exemption and have the choice of waiving the fee. Steven Buettow asked if DRAC members were still needed; with Bob Blaich leaving and Steven said that he wanted to step down, P&Z would need 2 members and HPC needed another member on DRAC. The city ad would include the need for a P&Z alternate. 5 - ASPEN PLANNINJR ZONING COMMISSION—Mlates—January 29, 2002 No public comments. Oates said that the Farmers' Market had changes in the vending agreement; this change in language was broadened to allow for the changes in the vending agreement. Bob Blaich said that he felt that opening up the farmers market to arts & crafts was a terrible mistake. Ohlson said the language was potential for accessory sales and deleting y G—elera,4-g,-ow.n. Blaich asked who would challenge the junk; he noted that P&Z and DEPP pushed to gain the Farmers' market with limitations of produce so the local retailers would agree to the market. Erickson asked that the additions be stricken and the stricken language be added back. Erickson inquired into the business licenses for these vendors and the costs related to doing a retail business in Aspen. The commissioners requested a copy of the vending agreement. Roger Haneman said that if there were items that couldn't be obtained here that would be okay to bring in from another area; there were no restrictions on how large this market could get. Haneman noted that the Planning & Zoning Commission was supposed to review the impacts on the town. Haneman noted that this not only doesn't add parking but also takes a bunch away; the downtown merchants have to mitigate for any growth they do. Ohlson noted that Council agreed to increase the size and to utilize the alley behind City Hall. The commissioners decided to remove this section (the Farmers' market) from the code amendments for tonight's approval. Ohlson suggested a work session to discuss the impacts on local merchants. MOTION: Ruth Kruger moved to recommend that City adopt the amendments to Sections 26.104.100, Definitions; Section 26.222.070(B), DRAC Meetings, Hearings and Procedures; Section 26.304.060(E)(3), Public Notice; Section 26.312.030 (F)(2), Nonconforming Structures/Uses; Section 26.410.040(B)(1), Secondary Mass; Section 26.440.070(B), Specially Planned Area Agreement and Recordation; Section 26.445.070(A), Recording a Planned Unit Development Plan; Section 26.480.030(A)(2)(e), Subdivision Exemptions; Section 26.480.070, Subdivision Agreement; Sections 26.510.040(E), 26.510.060 & 26.510.080(C), Signs; and Section 26.610.020(D), Park Development Impact Fee as proposed by the Community Development Department as proposed in P&Z Resolution #02-04 with the exclusion of the definition for the Farmers' market. Bert Myrin seconded. APPROVED 6-0. Meeting adjourned at 5:40 p.m. Jackie Lothian Deputy City Clerk 31 RESOLUTION NO.04 (SERIES OF 2002) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR A CODE AMENDMENT TO THE FOLLOWING SECTIONS: SECTION 26.104.100, DEFINITIONS; SECTION 26.222.070(B), DRAC MEETINGS, HEARINGS AND PROCEDURES; SECTION 26.304.060(E)(3), PUBLIC NOTICE; SECTION 26.312.030 (F)(2), NONCONFORMING STRUCTURES/USES; SECTION 26.410.040(B)(1), SECONDARY MASS; SECTION 26.440.070(B), SPECIALLY PLANNED AREA AGREEMENT AND RECORDATION; SECTION 26.445.070(A), RECORDING A PLANNED UNIT DEVELOPMENT PLAN; SECTION 26.480.030(A)(2)(E), SUBDIVISION EXEMPTIONS; SECTION 26.480.070, SUBDIVISION AGREEMENT; SECTIONS 26.510.040(E), 26.510.060 & 26.510.080(C), SIGNS; SECTION 26.610.020(D), PARK DEVELOPMENT IMPACT FEE; AND SECTION 26.610.080, PARK DEVELOPMENT IMPACT FEE, AFFORDABLE HOUSING, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department initiated code amendment changes to the above cited sections; and WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning Commission, in accordance with the procedures, standards, and limitations of this Chapter, shall by resolution approve, approve with conditions, or deny a Code Amendment application for Amendment to the Land Use Code and Official Zone District Map, after recommendation by the Community Development Department pursuant to Section 26.430.020; and, WHEREAS, the Community Development Department reviewed the Code Amendments to the above cited sections pursuant to Section 26.310.040 and recommended approval; and, WHEREAS, the Planning and Zoning Commission conducted a public hearing, considered the recommendation of the Community Development Director and took public testimony for the Code Amendments cited above; and, WHEREAS, the Planning and Zoning Commission finds that Code Amendments meet or exceed all applicable amendment standards and that the approval of the Code Amendments, are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. WHEREAS, during a public hearing on January 29, 2002, the Planning and Zoning Commission recommended, by a six to zero (6-0) vote, the City Council approve the amendments to Section 26.104.100, Definitions; Section 26.222.070(B), DRAC Meetings, Hearings and Procedures; Section 26.304.060(E)(3), Public Notice; Section 26.312.030 (17)(2), Nonconforming Structures/Uses; Section 26.410.040(B)(1), Secondary Mass; Section 26.440.070(B), Specially Planned Area Agreement and Recordation; Section 26.445.070(A), Recording a Planned Unit Development Plan; Section 26.480.030(A)(2)(e), Subdivision Exemptions; Section 26.480.070, Subdivision Agreement; Sections 26.510.040(E), 26.510.060 & 26.510.080(C), Signs; and Section 26.610.020(D), Park Development Impact Fee as proposed by the Community Development Department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Cectinn 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Code Amendment sections initiated by the Community Development Department are approved as noted below: Section 26.104.100, Dernitions: Awning. A roof -like cover that projects not less that three (3) feet and not more than five (5) feet from the wall of a building for the purpose of shielding a doorway or window from the elements. Canopy. A roof -like cover that projects more than five (5) feet from the wall of a building. Section 26.222.070(B), Meetings, hearings and procedures: B. All meetings of the Design Review Appeal Committee shall be open to the public, and project sites for specific appeals shall be required to post the property at least fifteen (15) days prior to the hearing before the Committee. Section 26.304.060(E)(3), Public Notice: b. Posting of notice. Posting of notice shall be made by the applicant, who shall obtain a copy of the form from the Community Development Department. The notice shall be posted at least fifteen (15) days prior to the public hearing, by posting a sign in a conspicuous place on the property subject to the development application. The sign shall be made of suitable, waterproof materials, shall be not less than twenty-two (22) inches wide and twenty-six (26) inches high, and shall be composed of letters not less than one inch in height. C. Mailing of notice. Mailing of notice shall be made by the applicant, who shall obtain a copy of the notice from the Community Development Department. The mailing shall contain that information described in Section 26.304.060(E)(2). At least fifteen (15) days prior to the public hearing, notice shall be sent by first class, postage prepaid U.S. mail, or hand delivered, 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. f. Notice to Mineral Estate Owner. An applicant for surface development shall notify affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application for development. The applicant shall certify that notice has been provided to the mineral estate owner. Section 26.312.030(F)(2), Nonconforming structures, Ability to Restore: F. Ability to Restore. 1. Non purposeful destruction. Any non -conforming structure which is demolished or destroyed by an act of nature, or through any manner not purposefully accomplished by the owner, may be restored as of right if a building permit for reconstruction is issued within twenty four (24) months of the date of demolition or destruction. 2. Purposeful destruction. Any non -conforming structure which is purposefully demolished or destroyed may be replaced with a different structure only if the replacement structure is in conformance with the current provisions of this Title, or unless replacement of the non -conformity is approved pursuant to the provisions of Chapter 26.430, Special Review. Any structure which is non- conforming in regards to the permitted density of the underlying zone district may maintain that specific non -conformity only if a building permit for the replacement structure is issued within twelve (12) months of the date of demolition or destruction.* *A duplex or two single-family residences on a substandard parcel in a zone district permitting such use is a non -conforming structure and subject to non- conforming structure replacement provisions. Density on a substandard parcel is permitted to be maintained but the structure must comply with the dimensional requirements of the code including single-family floor area requirements. Section 26.410.040(B)(1), Building Form, Secondary Mass: 1. Secondary Mass. All new structures shall locate at least 10% of their total square footage above grade in a mass which is completely detached from the principal building, or linked to it by a subordinate connecting element. Accessory buildings such as garages, sheds, and Accessory Dwelling Units are examples of appropriate uses for the secondary mass. A subordinate linking element for the purposes of secondary mass shall be defined as an element not less than six (6) feet in width and ten (10) feet in length with a plate height of not more than nine (9) feet. Section 26.440.070(B), SPA agreement and recordation: B. Recordation of final development plan. The final development plan, which shall consist, as applicable, of final drawings depicting the site plan, landscape plan, utility plan and building elevations, and specially planned area (SPA) agreement shall be recorded in the office of the Pitkin County Clerk and Recorder, and shall be binding upon the property owners subject to the development order, their successors and assigns, and shall constitute the development regulations for the property. Development of the property shall be limited to the uses, density, configuration, and all other elements and conditions set forth on the final development plan and SPA agreement. Failure on the part of the applicant to record the final development plan and SPA agreement within a period of one hundred and eighty (180) days following its approval by City Council shall render the plan invalid and all associated vested rights shall expire. The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. Section 26.445.070(A), Recording a Final PUD Development Plan: A. General. Unless otherwise specified in the City Council Ordinance granting final approval of a PUD development plan, all necessary documents, as applicable, shall be recorded within one -hundred -and -eighty (180) days of the adoption date of the final Ordinance. Failure to file these documents within this time period shall render null and void the approval of a final development plan. The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. Reconsideration of the final development plan and PUD agreement by the Planning and Zoning Commission and City Council may be required before its acceptance and recording. Section 26.480.030(2)(E), Lot Split. e. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid. The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. V 0 0 Section 26.480.070(E), Subdivision Agreement, Recordation: E. Recordation. The subdivision agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the plat within a period of one hundred eighty (180) days following approval by the City Council shall render the plat invalid. The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. The subdivision plat shall also be submitted in a digital format acceptable to the Community Development Department, for incorporation into the City/County GIS system. The one hundred eighty (180) day recordation requirement contained herein shall not apply to the recording of condominium maps, or declarations or any other documents required to be recorded to accomplish a condominiumization in the City of Aspen. Section 26.510.040(E), Determination of Compliance: E. Determination of compliance. After reviewing the application and determining its compliance and consistency with the purposes, requirements and standards in this Chapter, the Community Development Director shall approve, approve with conditions or deny the development application for a sign permit. Section 26.510.060, Sign Setback: Signs are not subject to the setback requirements of the zone district where they are located. Section 26.510.080(C), Graphic Designs: Section has been eliminated. Section 26.610.020(D), Park Impact Fee, Applicability: Section has been eliminated. Section 26.610.080, Affordable Housing Whenever the city council shall have determined that any part of a proposed development constitutes an affordable housing development and wishes to subsidize its construction, the city council may exempt that part of the development from the application of the park development impact fee, or reduce by any amount the fees imposed by this section. 'Rpctinn 2- All material representations and commitments made by the applicant pursuant to the Code Amendment approval as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby • 171 incorporated in such Code Amendment approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4• 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. Approved by the Commission at its regular meeting on January 29, 2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chair • 0 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 has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such nmPn(lmentc The fore oing "Affidavit of Notice" was acknowledged before me this) � day of ca , 200.�, by tL, L, rlkAd WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Z/ ��3��-� 3 Notary Public NO Tqq} / tm s ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED B Y MAIL J AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: (f pen, CO SCHEDULED PUBLIC HEARING DATE: 7S�i LA LkQ It �'7 , 200_:�? STATE OF COLORADO ) ss. County of Pitkin ) __ Jr (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 npt less than one inch in height. Said notice was posted at least ten (10) days prior to the public hearing and was continuously visible from the _ day of , 200_, 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 ten (10) 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, and, 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 any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns 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 cop�-of the owners and governmental agencies so noticed is attached hereto. (continued on next page) PUBLIC NOTICE RE: MISCELLANEtJte ,':rl'Y OF ASPEN LAND USE CODE AMENDMENTS' SECTION 26.104.100, DEFI- NTIONS: SECTION�26.222.070(B). DRAC MEET- INGS. HEARINGS AND PROCEDURES; SECTION 26.304.060(E)(3), "UBLIC NOTICE; SECTION 26.312.030 (F)(2); NONCONFORMING STRUC- TURES AND USES: SECTION 26.410.040(B)(1), SECONDARY MASS: SECTION 26.440.070(B), SPE- CIALLY PLANNED AREA AGREEMENT AND RE- CORDATION; SECTION 26.445.070(A), RECORD- ING A PLANNED UNIT DEVELOPMENT PLAN: SEC- TION 26.480.030(AX2)(e), SUBDIVISION EXEMP- TIONS; SECTION 26.480.070, SUBDIVISION AGREE- MENT; SECTIONS 26.510.040(E), 26.510.060 & 26.510.080(C). SIGNS; SECTION 26.610.020(D), PARK DEVELOPMENT IMPACT FEE AND SECTION 26.10.080, PARK IMPACT FEE, AFFORDABLE HOUSING NOTICE IS HEREBY GIVEN that a public hearing will be held on January 29. 2002. at a meeting to begin at 4:30 P.M. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall 130 South Galena, Aspen, to consider miscellaneous city initiated Code Amendments to change the authority to grant an extension on the plat from City Council to the Community Devel- opment Director. The proposed amendments would also make the time period for public notic- ing uniform, clarity the ability to maintain the density of non -conforming structures when pur- posely demolitioned, clarify what is intended by secondary mass as it relates to the Residential Design Standards, amend the sign regulations in respect to setbacks and signs with graphics, and eliminate the affordable housing exemption from Park Development Impact Fees. For further information contact Sarah Oates at the Aspen /Pitkin Community Development De- partment, 130 South Galena St., Aspen, CO (970) 920-5441, saraho@ci.aspen.co.us. s/Ja,„nine Tygre, Chair Aspen Planning and Zoning Commission Published In The Aspe:, Times . ' January 12, 2002.(8247) MEMORANDUM TO: The Aspen Planning and Zoning Commission THRU: Joyce Ohlson, Deputy Director Jk FROM: Sarah Oates, Zoning Officer�� RE: Code Amendments --- Section 26.104.100, Definitions; Section 26.222.070(B), DRAC Meetings, Hearings and Procedures; Section 26.304.060(E)(3), Public Notice; Section 26.312.030 (17)(2), Nonconforming Structures/Uses; Section 26.410.040(B)(1), Secondary Mass; Section 26.440.070(B), Specially Planned Area Agreement and Recordation; Section 26.445.070(A), Recording a Planned Unit Development Plan; Section 26.480.030(A)(2)(e), Subdivision Exemptions; Section 26.480.070, Subdivision Agreement; Sections 26.510.040(E), 26.510.060 & 26.510.080(C), Signs; Section 26.610.020(D), Park Development Impact Fee and Section 26.10.080, Park Impact Fee, Affordable Housing DATE: January 29, 2002 SUMMARY: These proposed code amendments are in response to inconsistencies and needed clarifications in the Land Use Code and Staffs desire to streamline and improve processes. The Community Development Department Staff recommends that the Planning and Zoning Commission forward to City Council a recommendation to adopt code amendments to the following sections: ➢ Section 26.104.100, Definitions ➢ Section 26.222.070(B), DRAC Meetings, hearings and procedures ➢ Section 26.304.060(E)(3), Public Notice ➢ Section 26.312.030 (F)(2), Nonconforming Structures/Uses ➢ Section 26.410.040(B)(1), Secondary Mass ➢ Section 26.440.070(B), Specially Planned Area Agreement and Recordation ➢ Section 26.445.070(A), Recording a Planned Unit Development Plan ➢ Section 26.480.030(A)(2)(e), Subdivision Exemptions ➢ Section 26.480.070(E), Subdivision Agreement ➢ Sections 26.510.040(E), 26.510.060 & 26.510.080(C), Signs ➢ Section 26.610.020(D), Park Development Impact Fee ➢ Section 26.10.080, Park Impact Fee, Affordable Housing APPLICANT: The City of Aspen Community Development Department. PROCEDURE: Pursuant to Section 26.310.020, Procedure for Amendment, a development application for an amendment to the text of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or disapproval by the • • Planning Director and then by the Planning and Zoning Commission at a public hearing, and then approved, approved with conditions, or disapproved by the City Council at a public hearing. DISCUSSION: For clarity, Staff has outlined and summarized each of the proposed amendments, section by section, below: • Addition of Definitions (Section 26.104.100): Currently, the Land Use Code does not have a definition for awning or canopy. Staff has difficultly regulating these elements without a clear definition. Also, the definition of farmers' market has been modified to be more consistent with the vending agreement changes. • Public Notice Requirements (Sections 26.222.070(B) and 26.304.060(E)(3)): There are two proposed changes to the public notice section. The first code amendment would simplify and make consistent the public notice process by requiring fifteen (15) days noticing for posting, mailing and publishing for all applications when noticing is required. Currently, there are several requirements for the duration of the public notice depending on the type of development application, the ownership of neighboring properties and the reviewing board. The second code amendment will add a clause regarding noticing mineral estate owners of properties of any proposed development as required by state statute. • Clarification —Nonconforming Structures (Section 26.312.030(F)(2)): This code amendment would simply add a sentence to clarify what nonconformities can remain and what nonconformities must come into compliance at the time of the demolition of a structure. There is no substantive change to this section. Clarification of Secondary Mass Requirement (Section 26.410.040(B)(1)): When the City adopted the revised Residential Design Standards in 1999 one of the standards which was newly adopted was a secondary mass element. The current language does not clearly define what a "subordinate linking element" should look like. Staff proposes adding language to better describe the intent of this standard, which is to break up the massing of residential buildings with a single story element. Extension of Recordation Deadlines (Sections 26.440.070(B), 26.445.070(A), 26.480.030(A)(2)(e), and 26.480.070(E)): Land Use Code provisions require that the extension for a recordation deadline (i.e. plat, PUD) be approved by City Council. Staff proposes that if extensions are requested within the vesting time of three years and if a community interest exists for providing the extension, the Community Development Director can sign off administratively. If these criteria are not met then the request for an extension would require review by the Planning and Zoning Commission. • Changes to the Sign Code (Sections 26.510.040(E), 26.510.060 and 26.510.080(C)): The sign code has two components which Staff feels 2 needs to be changed to better reflect current existing conditions. First, the code currently requires that any sign with graphic art be reviewed by the Planning and Zoning Commission. This has not been a practice in recent years, and would create a significant logjam in the Planning and Zoning Commission agenda if reinstated. Second, the code requires that signs comply with the setback requirements of the zone district. The amendment would allow for signs to be located closer to the property line than the setback line. AH Exemption from Park Impact Fee (Section 26.610.020(D) and Section 26.610.080): During the last revision of the Land Use Code affordable housing that complied with the Aspen/Pitkin County Affordable Housing Guidelines was made exempt from paying the Park Impact Fee. City Council requested that we eliminate this exemption and make this a City Council decision to waive the fees. PROPOSED AMENDMENTS: Staff proposes the following changes to the text of the Land Use Code, with the text to be added underlined and the text to be deleted with a stfiketlfeugh: Section 26.104.100, Definitions: Awning. A roof -like cover that projects not less that three (3) feet and not more than five Meet from the wall of a building for the purpose of shielding a doorway or window from the elements. Canopy. A roof -like cover that projects more than five (5) feet from the wall of a building. Farmers' market. A market established by an organization of farmers/producers to provide the opportunity for direct sale (by farmers or their representatives) of pr ly Colorade-grown-produce, with the potential for accessory sales of other agriGulturolw_ 14 related edests, to wholesale or retail buyers at stalls or other similar structures of a temporary nature. (See Supplementary Regulations - Section 26.575.190, Farmers' �\ markets). Section 26.222.070(B), Meetings, hearings and procedures: B. All meetings of the Design Review Appeal Committee shall be open to the public, and project sites for specific appeals shall be required to post the property at least f ) daysfifteen (15) days prior to the hearing before the Committee. Section 26.304.060(E)(3), Public Notice: b. Posting of notice. Posting of notice shall be made by the applicant, who shall obtain a copy of the form from the Community Development Department. The notice shall be posted at least ten (10) day fifteen (15) days prior to the public hearing, by posting a sign in a conspicuous place on the property subject to the development application. The sign shall be made of suitable, waterproof materials, shall be not less than twenty-two (22) inches wide and twenty-six (26) inches high, and shall be composed of letters not less than one inch in height. C. Mailing of notice. Mailing of notice shall be made by the applicant, who shall obtain a copy of the notice from the Community Development Department. The mailing shall contain that information described in Section 26.304.060(E)(2). At least ten-(1) daysfifteen (15) days prior to the public hearing, notice shall be sent by first class, postage prepaid U.S. mail, or hand delivered, to all owners of property within three hundred (300) feet of the property subject to the development application, and at least fifteen (15) days prior- to the, public hearing, nefice, sh-all be seat by first rlass, pest pre -paid U.S. moil or hand delivery to any federal agency, state, reunty, muairipal oy e that—^vmrs property within— rnn hundred (300) feet of the propperty—snb'Jeu 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. f. Notice to Mineral Estate Owner. An applicant for surface development shall notify affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application for development. The applicant shall certify that notice has been provided to the mineral estate owner. Section 26.312.030(F)(2), Nonconforming structures, Ability to Restore: F. Ability to Restore. 1. Non purposeful destruction. Any non -conforming structure which is demolished or destroyed by an act of nature, or through any manner not purposefully accomplished by the owner, may be restored as of right if a building permit for reconstruction is issued within twenty four (24) months of the date of demolition or destruction. 2. Purposeful destruction. Any non -conforming structure which is purposefully demolished or destroyed may be replaced with a different structure only if the replacement structure is in conformance with the current provisions of this Title, or unless replacement of the non -conformity is approved pursuant to the provisions of Chapter 26.430, Special Review. Any structure which is non -conforming in regards to the permitted density of the underlying zone district may maintain that specific non- conformity only if a building permit for the replacement structure is issued within twelve (12) months of the date of demolition or destruction.* *A duplex or two single-familv residences on a substandard parcel in a zone district permitting such use is a non -conforming structure and subject to non -conforming structure replacement provisions. Density on a substandard parcel is permitted to be maintained but the structure must comply with the dimensional requirements of the code including single-family floor area requirements. 4 Section 26.410.040(B)(1), Building Forn:, Secondary Mass: 1. Secondary Mass. All new structures shall locate at least 10% of their total square footage above grade in a mass which is completely detached from the principal building, or linked to it by a subordinate connecting element. Accessory buildings such as garages, sheds, and Accessory Dwelling Units are examples of appropriate uses for the secondary mass. A subordinate linking element for the purposes of secondary mass shall be defined as an element not less than six (6) feet in width and ten (10) feet in length with a plate height of not more than nine (9) feet. Section 26.440.070(B), SPA agreement and recordation: B. Recordation of final development plan. The final development plan, which shall consist, as applicable, of final drawings depicting the site plan, landscape plan, utility plan and building elevations, and specially planned area (SPA) agreement shall be recorded in the office of the Pitkin County Clerk and Recorder, and shall be binding upon the property owners subject to the development order, their successors and assigns, and shall constitute the development regulations for the property. Development of the property shall be limited to the uses, density, configuration, and all other elements and conditions set forth on the final development plan and SPA agreement. Failure on the part of the applicant to record the final development plan and SPA agreement within a period of one hundred and eighty (180) days following its approval by City Council shall render the plan invalid and all associated vested rights shall expire. development plan and SPA agreement by the Planning and Zoning Go-m—miSsin—n- —an-d-IA-F City CounGil may be required before its ar.GeptanGo and 40cGe__rd-iIn-g.— The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. Section 26.445.070(A), Recording a Final PUD Development Plan: A. General. Unless otherwise specified in the City Council Ordinance granting final approval of a PUD development plan, all necessary documents, as applicable, shall be recorded within one -hundred -and -eighty (180) days of the adoption date of the final Ordinance. Failure to file these documents within this time period shall render null and void the approval of a final development plan. The City Council m ; a"*t&--sok dissr,-Aio--and-€er-- ge , vide" witten 1•equgst-fe dlinev The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. Reconsideration of the final development plan and PUD agreement by the Planning and Zoning Commission and City Council may be required before its acceptance and recording. Section 26.480.030(2)(E), Lot Split. e. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalidAnd fer-a showing . The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. Section 26.480.070(E). Subdivision Agreement. Recordation: E. Recordation. The subdivision agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the plat within a period of one hundred eighty (180) days following approval by the City Council shall render the plat invalidAnd- reconsideration and approval of the plat by Plaa4iiag and Zening Ge-m—mi-s-sie-n- -and City Council u.ill be -required before its acceptance Man-d- fecefding, unless :an- exten-sien or. waiver- is granted by City CeURGil f-A-F -A -Sholving of good cause. The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. The subdivision plat shall also be submitted in a digital format acceptable to the Community Development Department, for incorporation into the City/County GIS system. The one hundred eighty (180) day recordation requirement contained herein shall not apply to the recording of condominium maps, or declarations or any other documents required to be recorded to accomplish a condominiumization in the City of Aspen. Section 26.510.040(E), Determination o%'Compliance: E. Determination of compliance. .}___���;ens e -„ep. t�,ncn ,. ;* rapl�ie-ele�i r�� After reviewing the application and determining its compliance and consistency with the purposes, requirements and standards in this Chapter, the Community Development Director shall approve, approve with conditions or deny the development application for a sign permit. 2 Sign-9 141ifil iraophic- des!I . Tn the nocen of o development application for a oirt the- pp ti -and- e r e--its-sasr lance-and-ce ist�r �with the, purposes, =e - •e ill AIR.: . Section 26.510.060, Sign Setback: All signs-shalIl- be subjeGt to the-, sotbac%k requirements of the zone-, dist—rict i-n- whiGh they are located And P principal use to which they apply, unless sper•ifir•ally exempted or -in- this -Chapt Signs are not subject to the setback requirements of the zone district where they are located. Section 26.510.080(C), Graphic Designs: G. Gra hic de g }. It- shall he „nlau fi,l to -erort, p1t16�j-60fl$ti �6rtj—�Ff�69nst kllot��,a+l�tgF�- refurbish, repair or 6l� ang-graphlcrde lga-wlth"Yan-ef-iGbt'ive. area groat6f-�n I U., &quarc--fit w}thaUt--f rs�t- oobbt-aining-a-ign--permit for a graphir. design from the, P4anning-and-Z.oning-Commission: -- 3. -fin-reviewing-the application the -plan the-planning-and.Z�oning-Co ission-shail--apprave-tc proposed graphic. design if iv _ aLlith 4hstructurem--Oh 4s-4o be painted,, tt is rornpat'l'le�v�v—`�'�z*sh—tii?�-ottfer-6igns 9r—graphi6—designs on the premises; �_. d. Contributes 4o--any.-spl'Gial aharacteristics of the particular area --of t ; G. IS .sell designed -and -pleasing -in -appearance; d�sirAblg as an-urban-el�sigr�chArAptestiv .._......................... ..._._........ rt Does nn i9nS itutei- ...nl}}.ga contiguous-prepertT, -..... _....... _......._..........._ .... .........._----- i.....__..._.. _Dogs-net-Go tituto-a-traffiG_-and-safety hazard --bemuse it is- istraGtiag,public merals. 4 The Planning and Zoning Cow,miocion may attarh to its approval of develepment 7, , th"urp m s-efthe, design by the mmunity Devgleprn�nt-Diireetor; and-- rovoke-any-por-mit- issued if a graphic design is net MR;ntAine-d Section 26.610.020(D), Park Impact Fee, Applicability: Section 26.610.080, Affordable Housing Whenever the City Council shall have determined that any ._part of a proposed development constitutes an affordable housing development and wishes to subsidize its construction, the City Council ma _ exempt that_ part of the development from the annlication of the nark develotment impact fee, or reduce by any amount the fees imposed by this section. REVIEW STANDARDS: Chapter 26.92, Amendments To The Land Use Regulations And Official Zone District Map, at Section 26.92.020 provides nine (A -I) standards for City Council and the Planning and Zoning Commission's review of proposed amendments to the text of the Land Use Code. These standards and Staff s evaluation of the potential amendments relative to them are provided below, with the standard in italics followed by the Staff "response." A. Whether the proposed amendment is in conflict with any applicable portions of this title. RESPONSE: The proposed amendments would not be in conflict with any applicable portions of the Aspen Municipal Code. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. RESPONSE: None of the proposed amendments would be in conflict with any elements of the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land uses and neighborhood characteristics. RESPONSE: The code amendments proposed will not affect compatibility of existing land uses and neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: The proposed code amendments are not anticipated to have any effect on traffic generation or road safety. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. RESPONSE: The proposed code amendments are not anticipated to have an impact on infrastructure or infrastructure capacities. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: The proposed code amendments are not anticipated to have an effect on the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: These code amendments will be consistent and compatible with the community character in the City of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: No specific parcels or neighborhoods are impacted by these amendments. 9 0 Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. RESPONSE: Staff believes the proposed amendments will not be in conflict with the public interest, and are in harmony with the purpose and intent of this title. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission forward to City Council a recommendation to approve the amendments, as proposed herein. 17s, P. RECOMMENDED MOTION: "I move to recommend that City Council adopt the amendments to Section 26.104.100, Definitions; Section 26.222.070(B), DRAC Meetings, Hearings and Procedures; Section 26.304.060(E)(3), Public Notice; Section 26.312.030 (F)(2), Nonconforming Structures/Uses; Section 26.410.040(B)(1), Secondary Mass; Section 26.440.070(B), Specially Planned Area Agreement and Recordation; Section 26.445.070(A), Recording a Planned Unit Development Plan; Section 26.480.030(A)(2)(e), Subdivision Exemptions; Section 26.480.070, Subdivision Agreement; Sections 26.510.040(E), 26.510.060 & 26.510.080(C), Signs; Section 26.610.020(D), Park Development Impact Fees; and Section 26.610.080, Park Development Impact Fees, Affordable Housing as proposed in the Community Development Department memorandum dated January 29, 2002." dAhome\saraho\planning\code amendments\smallcodeamends.doc 10 RESOLUTION NO./)A (SERIES OF 2002) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR A CODE AMENDMENT TO THE FOLLOWING SECTIONS: SECTION 26.104.100, DEFINITIONS; SECTION 26.222.070(B), DRAC MEETINGS, HEARINGS AND PROCEDURES; SECTION 26.304.060(E)(3), PUBLIC NOTICE; SECTION 26.312.030 (F)(2), NONCONFORMING STRUCTURESIUSES; SECTION 26.410.040(B)(1), SECONDARY MASS; SECTION 26.440.070(B), SPECIALLY PLANNED AREA AGREEMENT AND RECORDATION; SECTION 26.445.070(A), RECORDING A PLANNED UNIT DEVELOPMENT PLAN; SECTION 26.480.030(A)(2)(E), SUBDIVISION EXEMPTIONS; SECTION 26.480.070, SUBDIVISION AGREEMENT; SECTIONS 26.510.040(E), 26.510.060 & 26.510.080(C), SIGNS; SECTION 26.610.020(D), PARK DEVELOPMENT IMPACT FEE; AND SECTION 26.610.080, PARK DEVELOPMENT IMPACT FEE, AFFORDABLE HOUSING, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department initiated code amendment changes to the above cited sections; and WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning Commission, in accordance with the procedures, standards, and limitations of this Chapter, shall by resolution approve, approve with conditions, or deny a Code Amendment application for Amendment to the Land Use Code and Official Zone District Map, after recommendation by the Community Development Department pursuant to Section 26.430.020; and, WHEREAS, the Community Development Department reviewed the Code Amendments to the above cited sections pursuant to Section 26.310.040 and recommended approval; and, WHEREAS, the Planning and Zoning Commission conducted a public hearing, considered the recommendation of the Community Development Director and took public testimony for the Code Amendments cited above; and, WHEREAS, the Planning and Zoning Commission finds that Code Amendments meet or exceed all applicable amendment standards and that the approval of the Code Amendments, are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. WHEREAS, during a public hearing on January 29, 2002, the Planning and Zoning Commission recommended, by a to (_-� vote, the City Council approve the amendments to Section 26.104.100, Definitions; Section 26.222.070(B), DRAC Meetings, Hearings and Procedures; Section 26.304.060(E)(3), Public Notice; Section 26.312.030 (17)(2), Nonconforming Structures/Uses; Section 26.410.040(B)(1), Secondary Mass; Section 26.440.070(B), Specially Planned Area Agreement and Recordation; Section 26.445.070(A), Recording a Planned Unit Development Plan; Section 26.480.030(A)(2)(e), Subdivision Exemptions; Section 26.480.070, Subdivision Agreement; Sections 26.510.040(E), 26.510.060 & 26.510.080(C), Signs; and Section 26.610.020(D), Park Development Impact Fee as proposed by the Community Development Department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Code Amendment sections initiated by the Community Development Department are approved as noted below: Section 26.104.100, Definitions: Awning. A roof -like cover that projects not less that three (3) feet and not more than five (5) feet from the wall of a building for the purpose of shielding a doorway or window from the elements. Canopy. A roof -like cover that projects more than five (5) feet from the wall of a building. Farmers' market. A market established by an organization of farmers/producers to provide the opportunity for direct sale (by farmers or their representatives) of produce, with the potential for accessory sales, to wholesale or retail buyers at stalls or other similar structures of a temporary nature. (See Supplementary Regulations - Section 26.575.190, Farmers' markets). Section 26.22Z070(B), Meetings, hearings and procedures: B. All meetings of the Design Review Appeal Committee shall be open to the public, and project sites for specific appeals shall be required to post the property at least fifteen (15) days prior to the hearing before the Committee. Section 26.304.060(E)(3), Public Notice: b. Posting of notice. Posting of notice shall be made by the applicant, who shall obtain a copy of the form from the Community Development Department. The notice shall be posted at least fifteen (15) days prior to the public hearing, by posting a sign in a conspicuous place on the property subject to the development application. The sign shall be made of suitable, waterproof materials, shall be not less than twenty-two (22) inches wide and twenty-six (26) inches high, and shall be composed of letters not less than one inch in height. C. Mailing of notice. Mailing of notice shall be made by the applicant, who shall obtain a copy of the notice from the Community Development Department. The mailing shall contain that information described in Section 26.304.060(E)(2). At least fifteen (15) days prior to the public hearing, notice shall be sent by first class, postage prepaid U.S. mail, or hand delivered, 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. f. Notice to Mineral Estate Owner. An applicant for surface development shall notify affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application for development. The applicant shall certify that notice has been provided to the mineral estate owner. Section 26.312.030(F)(2), Nonconforming structures, Ability to Restore: F. Ability to Restore. 1. Non purposeful destruction. Any non -conforming structure which is demolished or destroyed by an act of nature, or through any manner not purposefully accomplished by the owner, may be restored as of right if a building permit for reconstruction is issued within twenty four (24) months of the date of demolition or destruction. 2. Purposeful destruction. Any non -conforming structure which is purposefully demolished or destroyed may be replaced with a different structure only if the replacement structure is in conformance with the current provisions of this Title, or unless replacement of the non -conformity is approved pursuant to the provisions of Chapter 26.430, Special Review. Any structure which is non- conforming in regards to the permitted density of the underlying zone district may maintain that specific non -conformity only if a building permit for the replacement structure is issued within twelve (12) months of the date of demolition or destruction.* *A duplex or two single-family residences on a substandard parcel in a zone district permitting such use is a non -conforming structure and subject to non- conforming structure replacement provisions. Density on a substandard parcel is permitted to be maintained but the structure must comply with the dimensional requirements of the code including single-family floor area requirements. Section 26.410.040(B)(1), Building Form, Secondary Mass: 1. Secondary Mass. All new structures shall locate at least 10% of their total square footage above grade in a mass which is completely detached from the principal building, or linked to it by a subordinate connecting element. Accessory buildings such as garages, sheds, and Accessory Dwelling Units are examples of appropriate uses for the secondary mass. A subordinate linking element for the purposes of secondary mass shall be defined as an element not less than six (6) feet in width and ten (10) feet in length with a plate height of not more than nine (9) feet. Section 26.440.070(B), SPA agreement and recordation: B. Recordation of final development plan. The final development plan, which shall consist, as applicable, of final drawings depicting the site plan, landscape plan, utility plan and building elevations, and specially planned area (SPA) agreement shall be recorded in the office of the Pitkin County Clerk and Recorder, and shall be binding upon the property owners subject to the development order, their successors and assigns, and shall constitute the development regulations for the property. Development of the property shall be limited to the uses, density, configuration, and all other elements and conditions set forth on the final development plan and SPA agreement. Failure on the part of the applicant to record the final development plan and SPA agreement within a period of one hundred and eighty (180) days following its approval by City Council shall render the plan invalid and all associated vested rights shall expire. The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. Section 26.445.070(A), Recording a Final PUD Development Plan: A. General. Unless otherwise specified in the City Council Ordinance granting final approval of a PUD development plan, all necessary documents, as applicable, shall be recorded within one -hundred -and -eighty (180) days of the adoption date of the final Ordinance. Failure to file these documents within this time period shall render null and void the approval of a final development plan. The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. Reconsideration of the final development plan and PUD agreement by the Planning and Zoning Commission and City Council may be required before its acceptance and recording. Section 26.480.030(2)(E), Lot Split. e. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid. The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. Section 26.480.070(E). Subdivision Agreement. Recordation: E. Recordation. The subdivision agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the plat within a period of one hundred eighty (180) days following approval by the City Council shall render the plat invalid. The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. The subdivision plat shall also be submitted in a digital format acceptable to the Community Development Department, for incorporation into the City/County GIS system. The one hundred eighty (180) day recordation requirement contained herein shall not apply to the recording of condominium maps, or declarations or any other documents required to be recorded to accomplish a condominiumization in the City of Aspen. Section 26.510.040(E), Determination of Compliance: E. Determination of compliance. After reviewing the application and determining its compliance and consistency with the purposes, requirements and standards in this Chapter, the Community Development Director shall approve, approve with conditions or deny the development application for a sign permit. Section 26.510.060, Sign Setback: Signs are not subject to the setback requirements of the zone district where they are located. Section 26.510.080(C). Graphic Designs: Section has been eliminated. Section 26.610.020(D), Park Impact Fee, Applicability: Section has been eliminated. Section 26.610.080, Affordable Housing Whenever the city council shall have determined that any part of a proposed development constitutes an affordable housing development and wishes to subsidize its construction, the city council may exempt that part of the • • development from the application of the park development impact fee, or reduce by any amount the fees imposed by this section. Section 2• All material representations and commitments made by the applicant pursuant to the Code Amendment approval as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such Code Amendment approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4• 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. Approved by the Commission at its regular meeting on January 29, 2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chair • Memorandum TO: Julie A. Woods FROM: John P. Worcester DATE: August 17, 2001 RE: HB 01-1088 The City of Aspen City AttorneV's Office Attached please find a new legislative requirement that you need to incorporate into the land use application process. Please note that all the law requires is that an applicant for development certify to the City that they have provided notice to the mineral estate owner of the property upon which development is being proposed. That's all. The City doesn't provide notice and the City doesn't verify that notice was actually sent... only that the applicant certify that notice was sent. -1 T 2COLORADOAMUNICIPALLEAGUE 1144 Sherman Street • Denver, Colorado 80203-2207 • Phone (303)831-6411, Fax (303)860-8175 MEMORANDUM TO: Municipal Attorneys NN 2NI City Attorneys FROM: Geoff Wilson, General Counsel Nice SUBJECT: HB 01-1088; Omission from 2001 Laws Enacted Publication DATE: August 13, 2001 We have discovered that the above -referenced bill was inexplicably omitted from the summary of bills reported in our 2001 legislative session Colorado Laws Enacted Affecting Municipal Governments. We regret this omission. A copy of the legislation is attached to this memo for your convenience. HB 01-1088 was legislation aimed at resolving disputes that have been going on for years between holders of severed mineral estates and surface estate developers. Mineral estate owners have complained about surface development blocking development of their estate. Over the past several years the mineral industry (particularly the oil and gas industry) has made various proposals that local government (i.e., local taxpayers) assume a role as guarantor of access to the mineral estate. For example, it was suggested that local governments not be allowed to approve surface development applications unless the proper "drilling windows," (as defined by the State Oil and Gas Conservation Commission) for oil or gas drilling sites are part of the development plan. The League has strongly resisted all of these proposals, arguing that these disputes between private estate owners are best resolved between the estate owners themselves. Our position has been that local governments' role, if any, should be limited to requiring surface developers to certify that they have provided notice to mineral estate owners potentially affected by a proposed development, similar to the notice that has been required in the municipal subdivision statutes, at §31-23-215(1) C.R.S., for many years. HB 01-1088 requires notice by an applicant for surface development to potentially affected mineral estate owners (and to the local government) by at least thirty days prior to the date scheduled for the initial public hearing on the application for development. The principal obligation of local government under HB 01-1088 is found at §24-65.5-103(4) C.R.S., where local governments are required, as a condition of approval of an application for development, to "require the applicant to certify that notice has been provided to the mineral estate owner" as required under the bill. Local governments' role is limited to requiring this certification from the applicant for surface development; local government is not required to look beyond the certification to check whether adequate notice was actually provided as required by the bill. enclosure • . 2001 HOUSE BILL 01-1088 BY REPRESENTATIVE(S) Rippy, Larson, Plant, Smith, Snook, Weddig, and White; also SENATOR(S) Dyer (Durango) and Hanna. CONCERNING NOTIFICATIONS REGARDING SEVERED MINERAL RIGHTS. Be it enacted by the General Assembly of'the State of Colorado: SECTION 1. Article 11 of title 10, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 10-11-123. Notification of severed mineral estates. (1) FOR PURPOSES OF THIS SECTION: (a) "MINERAL ESTATE" MEANS A MINERAL INTEREST IN REAL PROPERTY. (b) "SEVERED" MEANS THAT THE SURFACE OWNER DOES NOT OWN ALL OR ANY PART OF THE MINERAL ESTATE. (C) "SURFACE ESTATE" MEANS AN INTEREST IN REAL PROPERTY THAT DOES NOT INCLUDE THE FULL MINERAL ESTATE AS SHOWN BY RECORDED DOCUMENTS THAT IMPART CONSTRUCTIVE NOTICE IN THE OFFICE OF THE Capital letters indicate new material added to existing statute, dashes through the words indicate deletions from existing statutes and such material not part of act. CLERK AND RECORDER OF THE COUNTY IN WHICH THE REAL PROPERTY IS SITUATED. (d) "SURFACE OWNER" MEANS THE OWNER OF THE SURFACE ESTATE AND ANY PURCHASER WITH RIGHTS UNDER A CONTRACT TO PURCHASE ALL OR PART OF THE SURFACE ESTATE. (2) A TITLE INSURANCE AGENT OR TITLE INSURANCE COMPANY SHALL PROVIDE, AS PART OF EACH TITLE COMMITMENT FOR THE ISSUANCE OF AN OWNER'S TITLE INSURANCE POLICY, THE FOLLOWING WRITTEN STATEMENT WHEN IT !S DETERMINED THAT A MINERAL ESTATE HAS BEEN SEVERED FROM THE SURFACE ESTATE: (a) THAT THERE IS RECORDED EVIDENCE THAT A MINERAL ESTATE HAS BEEN SEVERED, LEASED, OR OTHERWISE CONVEYED FROM THE SURFACE ESTATE AND THAT THERE IS A SUBSTANTI.AL LIKELIHOOD THAT A THIRD PARTY HOLDS SOME OR ALL INTEREST IN OIL, GAS, OTHER MINERALS, OR GEOTHERMAL ENERGY IN THE PROPERTY; AND (b) THAT SUCH MINERAL ESTATE MAY INCLUDE THE RIGHT TO ENTER AND USE THE PROPERTY WITHOUT THE SURFACE OWNER'S PERMISSION. (3) IN DETERMINING COMPLIANCE WITH THIS SECTION, A TITLE INSURANCE AGENT OR TITLE INSURANCE COMPANY MAY RELY ON RECORDED DOCUMENTS THAT IMPART CONSTRUCTIVE NOTICE IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY IN WHICH THE RF,AL PROPERTY IS SITUATED AND SHALL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS IN SUCH RECORDS. (4) A TITLE INSURANCE COMPANY OR TITLE INSURANCE AGENT MAY RELY ON ANY DOCUMENT PURPORTING TO SEVER MINERAL INTERESTS TO ACT AS NOTICE OF SUCH SEVERANCE WHEN SUCH DOCUMENT IS RECORDED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER IN THE COUNTY IN WHICH THE REAL PROPERTY IS SITUATED. (5) A TITLE INSURANCE AGENT OR TITLE INSURANCE COMPANY SHALL BE DEEMED TO BE IN COMPLIANCE WITH THIS SECTION WHEN IT RELIES ON ANY DOCUMENT PURPORTING TO SEVER MINERAL INTERESTS OR TO ACT AS NOTICE OF SUCH SEVERANCE WHEN SUCH DOCUMENT IS RECORDED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF THE COUNTY IN WHICH THE REAL PROPERTY IS SITUATED. NO TITLE INSURANCE AGENT OR TITLE PAGE 2-HOUSE BILL 01-1088 INSURANCE COMPANY SHALL BE LIABLE FOR OBLIGATIONS ABOVE, OR FOR AN AMOUNT IN EXCESS OF, THOSE STATED IN THE OWNERS POLICY OF TITLE INSURANCE ISSUED PURSUANT TO THE COMMITMENT FOR FAILURE TO COMPLY WITH THE PROVISION OF SUBSECTION (2) OF THIS SECTION. SECTION 2. Title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read: ARTICLE 65.5 Notification of Surface Development 24-65.5-101. Legislative declaration - intent. THE GENERAL ASSEMBLY RECOGNIZES THAT THE SURFACE ESTATE AND THE MINERAL ESTATE ARE SEPARATE AND DISTINCT INTERESTS IN REAL PROPERTY AND THAT ONE MAY BE SEVERED FROM THE OTHER. THE GENERAL ASSEMBLY FURTHER RECOGNIZES THAT IF THE SURFACE ESTATE AND MINERAL ESTATE ARE SEVERED, THE OWNERS OF THESE ESTATES SHALL BE ENTITLED TO THE NOTICE SPECIFIED IN SECTION' 1-23-215 OR 34-60-106 (14), C. R. S. IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THIS ARTICLE PROVIDE A STREAMLINED PROCEDURE FOR PROVIDING NOTICE TO OWNERS OF MINERAL INTERESTS CONCERNING IMPENDING SURFACE DEVELOPMENT. FURTHER, IT IS THE INTENT OF THE GENERAL ASSEMBLY TO INCLUDE LOCAL GOVERNMENTS IN THE NOTIFICATION PROCESS WITHOUT CREATING ADDITIONAL LIABILITIES FOR LOCAL GOVERNMENTS. 24-65.5-102. Definitions. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES: (1) "APPLICANT" MEANS A PERSON WHO SUBMITS AN APPLICATION FOR DEVELOPMENT TO A LOCAL GOVERNMENT. (2) "APPLICATION FOR DEVELOPMENT" MEANS AN APPLICATION FOR A PRELIMINARY OR FINAL PLAT FOR A SUBDIVISION, A PLANNED UNIT DEVELOPMENT, OR ANY OTHER SIMILAR LAND USE DESIGNATION THAT IS USED BY A LOCAL GOVERNMENT. "APPLICATION FOR DEVELOPMENT" INCLUDES APPLICATIONS FOR ZONING, REZONING, GENERAL DEVELOPMENT PLANS, AND SPECIAL USE PERMITS WHERE SUCH APPLICATIONS ARE IN ANTICIPATION OF NEW SURFACE DEVELOPMENT, BUT DOES NOT INCLUDE BUILDING PERMIT APPLICATIONS. PAGE 3-HOUSE BILL 01-1088 (3) "LOCAL GOVERNMENT" MEANS A COUNTY; A HOME RULE OR STATUTORY CITY, TOWN, OR CITY AND COUNTY; OR A TERRITORIAL CHARTER CITY. (4) "MINERAL ESTATE" MEANS AN INTERESTIN REAL PROPERTY THAT IS LESS THAN FULL FEE TITLE AND THAT INCLUDES MINERAL RIGHTS AS SHOWN BY THE REAL ESTATE RECORDS OF THE COUNTY IN WHICH THE REAL PROPERTY IS SITUATED. (5) "MINERAL ESTATE OWNER" MEANS THE OWNER OR LESSEE OF A MINERAL ESTATE UNDERNEATH A SURFACE ESTATE THAT IS SUBJECT TO AN APPLICATION FOR DEVELOPMENT. (6) "SURFACE ESTATE" MEANS AN INTEREST IN REAL PROPERTY THAT IS LESS THAN FULL FEE TITLE AND THAT DOES NOT INCLUDE MINERAL RIGHTS AS SHOWN BY THE REAL ESTATE RECORDS OF THE COUNTY IN WHICH THE REAL PROPERTY IS SITUATED. (7) "SURFACE OWNER" MEANS THE OWNER OF THE SURFACE ESTATE AND ANY PERSON WITH RIGHTS UNDER A RECORDED CONTRACT TO PURCHASE ALL OR PART OF THE SURFACE ESTATE. 24-65.5-103. Notice requirements. (1) NOT LESS THAN THIRTY DAYS BEFORE THE DATE SCHEDULED FOR THE INITIAL PUBLIC HEARING BY A LOCAL GOVERNMENT ON AN APPLICATION FOR DEVELOPMENT, THE APPLICANT SHALL SEND NOTICE, BY FIRST CLASS MAIL, TO: (a) THE MINERAL ESTATE OWNER. SUCH NOTICE SHALL CONTAIN THE TIME AND PLACE OF THE INITIAL PUBLIC HEARING, THE NATURE OF THE HEARING, THE LOCATION OF THE, PROPERTY THAT IS THE SUBJECT OF THE HEARING, AND THE NAME OF THE APPLICANT. (b) THE LOCAL GOVERNMENT CONSIDERING THE APPLICATION FOR DEVELOPMENT. SUCH NOTICE SHALL CONTAIN THE NAME AND ADDRESS OF THE MINERAL ESTATE OWNER. (2) (a) THE APPLICANT SHALL IDENTIFY THE MINERAL ESTATE OWNER BY EXAMINING THE RECORDS IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF THE COUNTY IN WHICH THE REAL PROPERTY IS LOCATED. NOTICE SHALL BE SENT TO THE MINERAL ESTATE OWNER IF THE RECORDS IN THE OFFICE OF THE COUNTY CLERK AND RECORDER ESTABLISH: PAGE 4-HOUSE BILL 01-1088 • • (I) THE IDENTITY OF THE OWNER OF THE MINERAL ESTATE; OR (II) THAT AN APPLICABLE REQUEST FOR NOTIFICATION FORM PURSUANT TO SUBSECTION (3) OF THIS SECTION IS OF RECORD; OR (III) THAT THE MINERAL ESTATE OWNER HAS RECORDED AN INSTRUMENT SATISFYING ANY APPLICABLE DORMANT MINERAL INTEREST ACT. (b) IF SUCH RECORDS DO NOT IDENTIFY ANY MINERAL ESTATE OWNERS. THE APPLICANT SHALL BE DEEMED TO HAVE ACTED IN GOOD FAITH AND SHALL NOT BE SUBJECT TO FURTHER OBLIGATIONS UNDER THIS ARTICLE. THE APPLICANT SHALL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS IN SUCH RECORDS. (3) A MINERAL ESTATE OWNER OR MINERAL ESTATE OWNERS AGENT MAY FILE IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF THE COUNTY IN WHICH THE REAL PROPERTY IS LOCATED A REQUEST FOR NOTIFICATION FORM THAT IDENTIFIES THE MINERAL ESTATE OWNERS MINERAL ESTATE AND THE CORRESPONDING SURFACE ESTATE BY PARCEL NUMBER AND BY SECTION, TOWNSHIP, AND RANGE NUMBERS. THE CLERK AND RECORDER SHALL FILE REQUEST FOR NOTIFICATION FORMS IN THE REAL ESTATE RECORDS FOR THE COUNTY AND SHALL ALSO KEEP AN INDEX OF REQUEST FOR NOTIFICATION FORMS. (4) LOCAL GOVERNMENTS SHALL, AS A CONDITION OF APPROVAL OF AN APPLICATION FOR DEVELOPMENT, REQUIRE THE APPLICANT TO CERTIFY THAT NOTICE HAS BEEN PROVIDED TO THE MINERAL ESTATE OWNER PURSUANT TO SUBSECTION (1) OF THIS SECTION. (5) A MINERAL ESTATE OWNER MAY WAIVE THE RIGHT TO NOTICE UNDER THIS SECTION IN WRITING TO THE APPLICANT. 24-65.5-104. Enforcement. (1) MINERAL ESTATE OWNERS ENTITLED TO NOTICE PURSUANT TO SECTION 24-65.5-103 OR 31-23-215, C.R.S., SHALL HAVE STANDING TO ENFORCE THE NOTICE REQUIREMENTS OF THOSE SECTIONS AND, SUBJECT TO THE PROVISIONS OF SUBSECTION (2) OF THIS SECTION, TO MAKE CLAIMS AS MAY BE AVAILABLE AT LAW OR EQUITY FOR NONCOMPLIANCE. (2) IF NO MINERAL ESTATE OWNER OR AGENT HAS FILED A REQUEST PAGE 5-HOUSE BILL 01-1088 FOR NOTIFICATION FORM PURSUANT TO SECTION 24-65.5-103 (3), IN DETERMINING THOSE MINERAL ESTATE OWNERS ENTITLED TO NOTICE PURSUANT TO SECTION 24-65.5-103 OR 31-23-215, C.R.S., ANY SURFACE OWNER REQUIRED TO PROVIDE SUCH NOTICE SHALL BE ENTITLED TO RELY ON A LISTING OF SUCH PARTIES PREPARED BY AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF COLORADO, A TITLE INSURANCE COMPANY LICENSED TO DO BUSINESS IN THE STATE OF COLORADO, OR A TITLE INSURANCE AGENT LICENSED IN SUCH CAPACITY BY THE STATE OF COLORADO. THE PROVISIONS OF ANY LAW TO THE CONTRARY NOTWITHSTANDING, IF A SURFACE OWNER PROVIDES THE REQUIRED NOTICE IN A TIMELY MANNER TO A PARTY NAMED IN SUCH LISTING OR WHOSE IDENTITY IS DISCLOSED IN A REQUEST FILED PURSUANT TO SECTION 24-65.5-103 (3) AT THE ADDRESS OF SUCH PARTY AS THAT ADDRESS APPEARS IN SUCH LISTING, SUCH PARTY SHALL BE DEEMED TO HAVE CONSTRUCTIVELY RECEIVED THE REQUIRED NOTICE, AND THE SURFACE OWNER SHALL BE DEEMED TO HAVE OTHERWISE COMPLIED WITH THE NOTICE REQUIREMENTS OF SECTIONS 24-65.5-103 AND 31-23-215, C.R.S. IN SUCH EVENT, THE SURFACE OWNER SHALL NOT HAVE ANY LIABILITY TO ANY MINERAL ESTATE OWNER OR OTHER PARTY DEEMED TO HAVE CONSTRUCTIVELY RECEIVED SUCH NOTICE FOR ANY LEGAL OR EQUITABLE REMEDY OR RELIEF ARISING FROM, IN CONNECTION WITH, OR OTHERWISE RELATING TO THE APPLICATION FOR DEVELOPMENT, ANY DEVELOPMENT ACTIVITIES COMMENCED ON THE SURFACE OF THE REAL PROPERTY, ANY INABILITY OR IMPEDIMENT OR OTHER HINDRANCE TO DRILLING OPERATIONS OR OTHER DEVELOPMENT OF THE MINERAL ESTATE OR ANY PORTION THEREOF, OR ANY .ACTUAL FAILURE TO RECEIVE ANY NOTICE REQUIRED BY SECTION 24-65.5-103 OR 31-23-215, C.R.S., UNLESS: (a) PRIOR TO FINAL APPROVAL OF THE APPLICATION FOR DEVELOPMENT BY THE LOCAL GOVERNMENT, A MINERAL ESTATE OWNER PROVIDES WRITTEN NOTICE TO THE SURFACE OWNER AND TO SUCH LOCAL GOVERNMENT SETTING FORTH THE NATURE OF ANY OBJECTION SUCH MINERAL ESTATE OWNER MAY HAVE TO THE APPROVAL OF SUCH DEVELOPMENT APPLICATION, IN WHICH EVENT SUCH MINERAL ESTATE OWNER AND ALL OTHER PARTIES MAY SEEK ANY LEGAL OR EQUITABLE REMEDY OR RELIEF THAT MAY BE AVAILABLE TO SUCH PARTIES; OR (b) (1) A MINERAL ESTATE OWNER COMMENCES AN ACTION IN A COURT OF COMPETENT JURISDICTION SEEKING COMPENSATORY MONETARY DAMAGES PRIOR TO THE LATER OF THE FOLLOWING TO OCCUR: PAGE 6-HOUSE BILL 0 1- 1088 (A) ONE YEAR AFTER THE FINAL APPROVAL OF THE APPLICATION FOR DEVELOPMENT BY THE LOCAL GOVERNMENT; OR (B) SIXTY DAYS AFTER THE EARLIEST TO OCCUR OF THE COMMENCEMENT OF DEVELOPMENT ACTIVITIES WITH HEAVY EQUIPMENT OR THE POSTING OF THE SURFACE OF THE REAL PROPERTY WITH NOTICE THAT THE LOCAL GOVERNMENT HAS GIVEN FINAL APPROVAL OF THE APPLICATION FOR DEVELOPMENT, WHICH POSTING SHALL BE MADE IN THE MANNER THAT WOULD BE REQUIRED BY THE LOCAL GOVERNMENT TO PROVIDE NOTICE OF AN APPLICATION FOR A CHANGE IN ZONING CLASSIFICATION, BUT, IN ALL EVENTS, WHICH POSTING SHALL BE MADE FACING, AND REASONABLY VISIBLE FROM, ALL PUBLIC ROADS ABUTTING THE SURFACE OF THE REAL PROPERTY. (I1) SUCH ACTION SHALL ALLEGE, AT A MINIMUM, THAT: (A) THE PROVISIONS OF SECTION 24-65.5-103 OR 31-23-215, C.R. S., REQUIRE NOTICE TO HAVE BEEN SENT TO SUCH MINERAL ESTATE OWNER; AND (B) THE REQUIRED NOTICE WAS NOT SENT TO SUCH MINERAL ESTATE OWNER IN COMPLIANCE WITH THE REQUIREMENTS OF SECTION 24-65.5-103 OR 31-23-215, C.R.S. (I11) IF THE MINERAL ESTATE OWNER COMMENCES SUCH AN ACTION IN A COURT OF COMPETENT JURISDICTION ON OR BEFORE THE LAST DAY DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (b), SUCH MINERAL ESTATE OWNER MAY SEEK TO RECOVER COMPENSATORY MONETARY DAMAGES IN CONNECTION WITH THE FAILURE OF THE SURFACE OWNER TO PROVIDE THE NOTICE REQUIRED BY SECTION 24-65.5-103 OR 31-23-215, C.R.S., BUT SUCH MINERAL ESTATE OWNER SHALL NOT BE ENTITLED TO RECOVER SPECIAL, PUNITIVE, OR OTHER EXTRAORDINARY DAMAGES, NOR SHALL SUCH MINERAL ESTATE OWNER BE ENTITLED TO ANY EQUITABLE REMEDY OR RELIEF. A FINDING BY SUCH COURT THAT THE ALLEGATIONS OF SUCH MINERAL ESTATE OWNER DESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH (b) ARE ACCURATE AND MATERIALLY COMPLETE SHALL BE A CONDITION PRECEDENT TO THE RECOVERY OF ANY SUCH COMPENSATORY MONETARY DAMAGES BY SUCH MINERAL ESTATE OWNER. (3) IF A SURFACE OWNER CERTIFIES TO THE LOCAL GOVERNMENT THAT SUCH SURFACE OWNER HAS COMPLIED WITH THE NOTICE REQUIREMENTS OF SECTION 24-65.5-103 OR 31-23-215, C.R.S., AND NO MINERAL ESTATE OWNER HAS PROVIDED THE WRITTEN NOTICE REQUIRED BY PAGE 7-HOUSE BILL 01-1088 I PARAGRAPH (a) OF SUBSECTION (2) OF THIS SECTION TO THE SURFACE OWNER AND TO THE LOCAL GOVERNMENT, NO DEVELOPMENT OR RELATED ACTIVITIES CONTEMPLATED BY THE APPLICATION FOR DEVELOPMENT, NO PERMIT OR OTHER APPROVAL BY SUCH LOCAL GOVERNMENT, AND NO PERMIT OR OTHER APPROVAL BY ANY OTHER LOCAL GOVERNMENT OR AGENCY THAT APPROVES OR PERMITS SUCH DEVELOPMENT OR RELATED ACTIVITIES OR ANY ASPECT THEREOF SHALL, SUBSEQUENT TO THE FINAL APPROVAL OF SUCH APPLICATION, BE RESCINDED, CURTAILED, ABROGATED, OR OTHERWISE RESTRICTED IN CONNECTION WITH ANY PURPORTED NONCOMPLIANCE WITH THE NOTICE REQUIREMENTS OF SECTION 24-65.5-103 OR 31-23-215, C. R.S., THAT h4AY BE ALLEGED BY ANY PARTY. SECTION 3. 24-67-107 (4), Colorado Revised Statutes, is amended to read: 24-67-107. Application and construction of article. (4) Nothing in this article shall be construed to waive the requirements for substantial compliance by counties and municipalities with the subdivision requirements of part I of article 28 of title 30 and part 2 of article 23 of title 31, C.R.S., respectively, and appropriate regulations promulgated thereunder. COUNTIES AND MUNICIPALITIES, INCLUDING HOME RULE CITIES, SHALL COMPLY WITH THE REQUIREMENTS OF ARTICLE 65.5 OF THIS TITLE. Subdivision regulations applicable to planned unit developments may differ from those otherwise applicable. In order to facilitate processing of applications, however, a county or municipality, pursuant to resolution or ordinance, may provide for concurrent or simultaneous processing of planned unit development and subdivision applications. SECTION 4. 30-28-133 (10), Colorado Revised Statutes, is amended to read: 30-28-133. Subdivision regulations. (10) It is recognized that surface and mineral estates are separate and distinct interests in land and that one may be severed from the other and that the owners of subsurface mineral interests and their lessees, if any, are entitled to the notice specified in section 31-23-215, C.R.S., AND SECTION 24-65.5-103, C.R.S., and shall be recognized by the commission as having the same rights and privileges as surface owners. SECTION 5. 31-23-215 (1), Colorado Revised Statutes, is amended PAGE 8-HOUSE BILL 01-1088 • to read: 31-23-215. Procedure - legal effect. (1) The commission shall approve or disapprove a plat within thirty days after said plat has been submitted to it; otherwise such plat shall be deemed approved and a certificate to that effect shall be issued by the commission on demand unless the applicant for the commission's approval waives this requirement and consents to an extension of such period. The ground of disapproval of any plat shall be stated upon the records of the commission. Any plat submitted to the commission shall have submitted with it the names and addresses of all surface owners, mineral owners, and lessees of mineral owners to whom notices of a hearing shall be sent as their names may appear upon the plats or records in the county clerk and recorder's office and as their most recent addresses may appear in a telephone or other directory of general use in the area of the property or on the tax records of the municipality or county. No plat shall be acted on by the commission without affording a hearing thereon. Notice of the time and place of such hearing shall be sent to said persons by registered mail not less than five THIRTY days before the date fixed therefor IN ACCORDANCE WITH ARTICLE 65.5 OF TITLE 24, C.R.S. SECTION 6. 34-60-106 (14), Colorado Revised Statutes, is amended to read: 34-60-106. Additional powers of the commission. (14) Tie [11L VV[l llll VJ AVM &&A —AL v1 — a..— -� -- — BEFORE AN OPERATOR COMMENCES OPERATIONS FOR THE DRILLING OF ANY OIL OR GAS WELL, SUCH OPERATOR SHALL EVIDENCE ITS INTENTION TO CONDUCT SUCH OPERATIONS BY GIVING THE SURFACE OWNER WRITTEN NOTICE DESCRIBING THE EXPECTED DATE OF COMMENCEMENT, THE LOCATION OF THE WELL, AND ANY ASSOCIATED ROADS AND PRODUCTION FACILITIES. UNLESS EXCEPTED BY THE COMMISSION DUE TO EXIGENT CIRCUMSTANCES OR WAIVED BY THE SURFACE OWNER, SUCH NOTICE OF DRILLING SHALL BE MAILED OR DELIVERED TO THE SURFACE OWNER NOT LESS THAN THIRTY DAYS PRIOR TO THE DATE OF ESTIMATED COMMENCEMENT OF OPERATIONS WITH HEAVY EQUIPMENT. THE NOTICE OF DRILLING SHALL ALSO BE PROVIDED TO THE LOCAL GOVERNMENT IN WHOSE JURISDICTION THE WELL IS LOCATED IF SUCH LOCAL GOVERNMENT HAS REGISTERED WITH THE PAGE 9-HOUSE BILL 01-1088 C0MMISSION FOR RECEIPT THEREOF. SECTION 7. Effecti c date. This act shall take effect .iuly 1, =00i. SECTION 8. Safety clause. The general assembly hereby finds, determines. and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. 3XDouz De SPEAKER OF THE HOUSE OF REPRESENTATIVES )u&dith Rodrigue CHIEF CLERK OF 4 HOUSE OF REPRESENTATIVES Stan Matsunaka PRESIDENT OF THE SENATE Karen Goldman SECRETARY OF THE SENATE APPROVED C"4, . 30, 12- . Bill Owens GOVERNOR OF THE STATE OF COLORADO PAGE 10-HOUSE BILL 01-1088