The URL can be used to link to this page

Home My WebLink Aboutcoa.lu.ca.Public Noticing.A043-02 () ~-..,---., ','/ CASE NUMBER PARCEL In # 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 /' A043-02 Public Noticing Code Amendments James Lindt Code Amendments City of Aspen Community Development Department 8/26/02 Ord.27-2002 Approved 8/29/02 J. Lindt r"'\ n r'"'\ "("'\ ADDRESS OF PRQPERTY: ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE /1 "l l . j os ~e-- iJJ-~n,co ~OZ-- 200_ SCHEDULED PUBLIC HEARING DATE: STATE OF COLORADO ) ) 55. County of Pitkin ) I, ~\M23 !-/CJd f '. . · (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: X;ublication 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 he{eto. _ Posting of notice: By posting of notice, which form was obtained from ~e 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 ofletters not less than one inch in height. Said notice was posted at least fifteen (15) 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 fiftf:en (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 govemmental 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) /". o 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 ofO\yners ofreal 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. ff&ft{~ ~/dclt ature . -: rt1.. ~:!l:i~~~~!:zo~~~~1~as ~~d ~~~s -<1 day "', pUBL! N coDE AMEND- ~:'::';<:''''-'-'-''''- >iF"'~cPEN LAND uSE. 0'0" ERTY E.' CiTY 0.. I"" ,m 8" VESTED p", .." R. . SECTION 26.30, .. ENDME\'ITS 1,0 ~1~S; SECTION~~6'a~C~ ZONE DI52W6~ LA)'ID,U?E C~~E'26,314, VARlANCE&~ltONAL MAP;, SE~fJJ...S' SECTION 26.425, ~EW' 'SECTION t~~:~'~ON 2~.430:'~ALEi~\~ltlvE ~~~: ,,' ENVIRONME",. . \.ANNEn ~, ~~t~~ON 26.440, tt~N I~L0N~ DE\rELOPM~~~ SECTION 26.445, P PORARY USE: SECWOp. 'SECTION 26.450, ECTION 26.500" co . 80 SUBD\V1SION; DWE-LUNG UNITS. ~~tTION 26.520, ACC SB~~IVEN thal a publiC NOTICE IS H~" A".ust26,2002atarne~t. III be held on U h Aspen City hearing w 'n at 5:00 p.M. belore t ell 130 South ~~u~~i~et~uncnChan:~:~SinC~~p:ation sub~it. Gaienl1,' ASPee"'tyto 0'0, n~pen Community ,o<v,'p~~ b the 1 . approva 0 te~nt YDepartment, req~es~:;mend the re<lIJir.ed m edCode Am~ndm:n s nts in the fol\owmg Pp~~liC n.oticing req\llrem,:rin "to Land Use code , 'ews to con , '. . land use reVl 0) Public Notice, eals Section_26.3D4.06 (E ro)' 'Design Review APP Ction 26.222.070,,1.' , in sand Procedures ~~mmit'iee-Meet~~~)~)Ve:t~d Rights- Exem~ Section 26.308.0. ,- " '. ' r tlon,lraroExpir~~lg(Q vested Rights- Ext,ens1on 0 SectiOn26:3e~' 01 Vested Right~RevocatiOn ~:~~~;_;t~~308.01~~~~~)tet:~~~:ents i61Juld70PY OF THE PUBLICATION section'26.310.0"al7one"'-, ,", "y' UseCo~e a~~ ~~; Procedure for Ame;a~~:~p;li' S"tiS';~\14040(B)v"\nn,,~St'n ." PH OF THE POSTED NOTICE (SIGN) cable to Varianc~~O(C) Variances- Proced.ure Section 26.314. , , ", APproval I Appeal praCe- V~):r,~~ 26>1'.030(0) 'PP"'- . ""'~ I GOVERNMENTAL AGENCmS NOTICED' dure.s 425.050(C) Conditional Use- r BYM- "L-T SectlOn,26. , " d res .r.t .l.J d\ltes1or RevlewSO(C) Special Revie....-Proceu Section 26.430.0 . al . " for s.peda2~~;~i~~~tr~~Vironmenta\l~o~:~~~~~ SectlOn '. 'e for Approval 01 Dev~_ . Areas- prO:e.c'ur :".,.;:.'5:.'."-':, '. ..... lor ESA., '26~0.040(C)t1)(b) SPA. Procedures .; Sect.l~~" .:..-~".;_-.'>: :'p:' ;d' '~reiior RevIew _ ReVle,.' O(I~PUD- ro"e u ...... lor S'ectlon 26.445.03 \. ml'orarY Use-Procedure ; section ,26.450,060. I ~'.' TemP.o,.."yuse AP~ oQ)(b) & 26.480.040C,cY})(b) ..Section 26.480.040 . .' Subdivision- . w procedures lor R<:V COwop_Procedure 'seCt~Oil;~.~~~..~;t~ COWOP- Proc~j~fijng Units- Sect~on . 5:1:0.080(0) Accesso~~. se~t~?~,,26,_ :"';"':'n.,' ....: .<:ct James" ProcedF~7' further informateion, ;~~~ Oevelop.. , "'e' of Aspen om. S Aspen Lindt at t~~ Ity 130 South Galenat., ". .... ' ment Department,. sl@c\aspen.co.us. CO (970) 920-..5095, Jame v~i'n Klanderud, Mayo~ sIHelen"""I-. 'CltyCouncll Aspen. .., t 10 _.I' T~e Aspen Times 6n Augus .'. ' PubUsh"", . In , 2002:(91?9) WITNESS MY HAND AND OFFICIAL SEAL My commission expires: y /:2/2UJ3, ~ Notary Public ATTACHMENTS: ,-., ~ ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE AD OR'" 0' eRO"RTY, IJ o/-, t, ~~ ~ A A-.urM,Jo SCHEDULED PUBLIC HEARING DATE:~A IA O. /0 2:62:)''2:-.,200_ STATE OF COLORADO ) ) 55. County of Pitkin ) I, ~ 1M 1.O.s, .1--, ~A (> J f- (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 !he following manner: XPuhlicC/tion o/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 f~teen (15) days prior to the public hearing. A copy o/the publication is attach'jd hereto. _ Posting o/notice: By posting of notice, which form was obtained from the COlprrnUlity Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty~six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days /, priortoihe public hearing and was continuously visible from the _ day o~ .<' ,200_, to and incl~ng the date and time pfthe pub~c . ':hearing. A photograph 0/ the posted.rJ<ftlce (sign) is attached hereto. ) _ Mailing 0/ notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other govemmental 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. (contiyd..t;t.'1 next page) -, ;---, 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. jJJ,~~dk S . nature s1 The foregoing "Affidavit of Notice" was ac~wledged be~ore me,~1 day of 0Vl~ .200';>', by ~J~ h.l"Y""1~ . .,~:,"._...-.,v,,... T ''''_,~.,...,.,~_ PUBLIC NOT}CE ODE AMEND- RE CITY OF ASPEN LAND USE C P1WPM.'fV' MENTS SECW~ 2;6~O V~~~EN1'S- TO RIGHTS; SEe 0 AND 'CIAL ZONE oiS1'R1tT LAND USE COW>-2ti:3f4' vAroANcES, SECTION MAP, SEe110 SECTlO 26425, CONDITIONAL 26 316, APP~6 430 SPECIAL REVIEW, SECTION USE SECTION , ~ SENSITIVE AREAS, 26435, ENVIRONMENTALt.: pLANNED AREAS; SECTION 26440, SPECIALLY rrl)M10P~; SECTION 26 445. PlAN:g~RY USE SECTION SECTION 26110s'lo~E SECTION 26:$'110, CoWOP 26480 SUBDlVl, DWELUNGUNITS 1o..T PhI' SECTION26520,ACCFSSO~YGIVEN that a pubhc""''^'''''"''''- "--- ..........ryf '.' Ie ~Ol1CE IS REREB '18 2002 'at a meet- hearing wlil be held ,01). J~ne h ASpen Plan- t begm at 430 1>:M belore t embers' followmg land use reviews to conform to Land ~~g ~n<l Zomng CommiSSion, COl.l~Cnc~~:lder an Use Code Section 26 3()4 066(E)~ PliSficWotlce ~ C~ty Hall 130 South Galena, As~n ~ As en Com- I Section 263M 010'(B)(l) a1'Phcatl~Ubmltted by the City ~ u~stmg ap- Vested Rights_ Exemption fro~ ExpiJ:atl?n _ _~ mumty 0 elopment Departroen~en~s to amend SectIon 26 308 OlO(C) "~~-v.; oval of oposed Code Amend ents m tne Vestea "RIg~~:EXt:"eOsion or Remstatement of.. ,. %e require public notlcmg reqmrem Vested RIghts . I Sectlon 26308:,010 Vested Rights- Revo- ~....catlon...,.,.:.:,..,...:..,., 'i .... ."", ,S~~tl()1l?6,3WO~OtB)(1) :.r', :. ..... ".,A!I1~9~,e,~~~to,~~dUS~C()deand Q~fl~ial ~~n:~" J.ti1stifcfMap. "Proc~~1:Ire,fQr,f~e~diiJ~~i",:..,.:.,':."..;" :'-'~di()11 ?~.31,'~'~04'OtB) Yarlaij"~e~' St,and_~T<Is ( Applicable"toYarf;i~ces _ ,:, c', :,',.,' """,- "';'; . .. ,-,,:' Sedlo~26;314:050(C)Varlanc~~~~oce,~ure fQr'YariaIlceApproval, '-, "'~ ,:.. ....'.. j':::/4~ Section 26.316.030(0) Appeals- Appeal Pro-, PHOTOGRA:;;~dU~~ctIOn?6,425:g50(C)'_S'~114it.l'9~,altJS~_~i.o,:, cedures for Review_ '. ." ,:",,:: . "_'." ___ ,":-::'\:_:,Seeti(lIi .26.~:m.050(C)':Si)ic,iid)~evl~--Pr?, LIST OF THE O\VNERS AL~~tedUresforSpe~ialReview,b.ppr~~a.I~_,:;...",: Section 26A35.070(C) Environm~ta11~ S;eri- , sitiyeAreas-,pvr(lcooureJor ApProvalofDevelo~~,>"" :~ent i~~~n' "2'6.44tt04'O(C)(I')(b) "SPA;"'P~oc'e.!";';' dures,for~eview'. ..',_, . .., ....',_.. '" ...,~e_c~,iQll" ~.~t5!q3O(C) 'puo. PrQCedure. (or .' -Review".. ~ _;', v: '" c "'--;';~fir:'>" Seeti,()n,26~4~0.069,Temporary Us~. . oc~ dtlrifoiTemporaryUSeApp~()Val .... ._.,. 'SectiOn," ~6,.480.040(~)(~)(b>.;.,.., _~' 26A8(\040(C)(2)(br'~;UfuftVfslori~~r,o~edures' ~for - "ReVi~eCtlon:26.500.050(A)CQWOl'~P??~~au~" ' Section 26.500 050(E) COWOp. Pr9cedure ~ SectIon 26520.080(0) Accessory Dwelling lJntts-:~iCie~;h~~ .into~t~ct,.ja~~:: Ulldtal the Sity of Aspen Commu[Jlty ~velop; ment. Departmen't,..,~~P"~~tP,cg!l,!:,~~;;_~,t,:',Mper',, CO (970)'920-5095, jamesr@l~Laspen:co.us.... '., :-. . ""'. :': 'sJJ~rr1ineTygre..c.!i~I~ "'~~L;;'_~- _ ;,~P;'~;~!~!;I2,~g'~~~t?(l~lng_~?~~1!~!?p:, WITNESS MY HAND AND OFFICIAL SEAL My commission expires: /V J.f 03/ :2.c=3 .(SIGN) NOTICED '-' .~ r'l MEMORANDUM AVl\ b TO: Mayor and City Council Julie Ann Woods, Community Development Director () ~Ci=fVr:D Joyce Ohlson, Deputy Director 1 H.E( """ '" It.. AUG 2 8 Ze02 THRU: FROM: James Lindt, Planner 0 L.-- ASPtN I PiTKIN I;.' COMMUNHY DEVELOPMENT Public Noticing Code Amendments, 2nd Reading of Ordinance No. 27, Serie~ of 2002- Public Hearing ~'I'C)'J00( August 26, 2002 5-0 RE: DATE: SUMMARY: The Community Development Department is proposing Land Use Code Amendments that would make the public noticing requirements for almost all public hearings uniform. Currently, some types of land use applications (Environmentally Sensitive Areas, Special Reviews) that require public hearings do not even require the public to be noticed in any manner. Other types of land use applications (DRAC Variances) currently require just a five (5) day posting of the hearing notice on the property, and yet other types of land use applications currently require notice to be published, posted on the property, and mailed to property owners within three hundred (:300) feet of the subject property. Staff is proposing to make the public noticing requirements for almost all land use public hearings a mandatory publication of notice in the newspaper, posting of notice on the property, and mailing of notice to property owners within three hundred (300) feet pursuant to Land Use Code Section 26.304.060(E), Public Notice. In order to amend the code in this manner, Staff has picked out all of the land use application sections that require a public hearing and determined what each type of land use review currently requires in regards to public notice. Staff then identified the code language in each section that establishes the noticing requirements for each type of review and has drafted replacement code language (please see Exhibit "B" for the proposed language) that would require the public to be noticed of all land use hearings pursuant to Land Use Code Section 26.304.060(E), Public Notice. Land use public hearings in which Staff is not proposing to amend the noticing requirements for, are those which are located in Land Use Code Section 26.470, Growth Management Quota System. Staff is concurrently overhauling the Growth Management Quota System and would like to amend the noticing requirements located in this code section as part of the larger overhaul. Additionally, Staff is not proposing to amend the noticing requirements for the review of minor HPC applications. Staff believes that the aforementioned land use request does not have as much impact on the surrounding property owners as do the other land use actions that currently require public hearings. Therefore, Staff and the City Attorney do not believe that minor HPC applications should require the level of notice that other land use public hearings should be subject to. 1 1"'\ (') AMENDMENTS TO FIRST READING ORDINANCE: Staff has removed the language that would have changed the noticing requirements for an appeal of a land use decision to City Council. Additionally, the City Attorney's Office has requested that the land use code be amended to make all land use appeals to City Council a public meeting rather than a public hearing as currently are. Therefore, Staff has proposed language (Section 15 of the proposed ordinance) that would amend the land use code to make all land use appeals to City Council a public meeting. The reason that Staff is proposing this amendment is that a review of an appeal be based solely upon the record established by the body from which the appeal is taken. Therefore, at the time that an appeal is being reviewed, no new testimony is legally to be taken or considered. This alleviates the need for an appeal by City Council to be a public hearing. Additionally, proposed language has been added in Section 4 of the proposed ordinance that clarifies the noticing requirements for public and private rezoning applications. The proposed language would require mailing of notice to property owners that are subject to City initiated rezoning applications. The mailing would have to take place at least fifteen (15) days prior to a public hearing to rezone the subject properties. In addition, the proposed language requires that a private land owner seeking to rezone their property would have to mail to property owners within three hundred (300) feet of their property and post their property at least fifteen (15) days in advance of a hearing to rezone the property. STAFF COMMENTS: Staff believes that the proposed code amendments to make the noticing requirements for almost all public hearings uniform will bring clarity and more consistency to the public noticing process for both Staff and land use applicants. Additionally, Staff believes that public comment is an important component to the quasi-judicial board review process. Thus, Staff feels that the proposed code amendments to the public noticing process will yield a more informed public on proposed land use actions that may affect them. RECOMMENDATION: Staff is recommending that City Council approve the proposed code amendments to standardize all public hearing noticing requirements, with the exception of minor HPC and GMQS applications; to include publishing notice in the newspaper, posting notice on the property, and mailing notice to property owners within 300 feet, at least fifteen days prior to the public hearing date pursuant to LandUse Code Section 26.304.060(E)(3), Public Notice; and to make an land use appeals to City Council a public meeting. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission recommends that City Council approve the proposed code amendments. 2 f'\, ("") REVIEW PROCEDURE · Text Amendment: City Council shall by ordinance approve, propose alternative language, or deny an application for an amendment to the land use code after considering a recommendation from the Community Development Director and the Planning and Zoning Commission. RECOMMENDED MOTION: "I move to approve Ordinance No. 27, Series of 2002, approving Land Use Code Amendments to standardize all public hearing noticing requirements, with the exception of minor HPC and GMQS applications; to include publishing notice in the newspaper, posting notice on the property, and mailing notice to property owners within 300 feet, at least fifteen days prior to the public hearing date pursuant to Land Use Code Section 26.304.060(E)(3), Public Notice; and amendments to make all land use appeals by City Council public meetings." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Proposed Language Exhibit C -- Planning and Zoning Commission Resolution No. 21, Series of2002 3 (""-, r) EXHIBIT A AMENDMENT TO THE LAND USE CODE REVIEW CRITERIA & STAFF FINDINGS Section 26.310.040, Text Amendment Standards of Review In reviewing an amendment to the official zone district map, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: Staff does not believe the proposed code amendments are in conflict with any applicable portions of this title or the Municipal Code. Staff feels that the proposed code amendments will amend the public noticing requirements in a manner that is more consistent and usable by Staff and the public. Staff finds this criterion to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: Staff does not believe that the proposed amendments are in conflict with the Aspen Area Community Plan. Stafffeels that public involvement in the development review process is important in making appropriate decisions on land use requests. Therefore, it is important that noticing requirements be consistent and predictable for both the general public and the applicants. Staff believes that the proposed code amendments will yield both consistency and predictability in noticing the public of hearing dates and times. Staff finds this criterion to be met. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: These two criteria apply to rezoning applications and do not apply to this text amendment. 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 facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medicalfacilities. 4 f""! () -ii Staff Finding: This criteria applies to rezoning applications and do not apply to this text amendment. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding: Staff does not feel that the proposed code amendments will result in adverse impacts on the natural environment. Staff finds this criterion to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding; Staff believes that the proposed code amendments are consistent with community character of Aspen. Aspen has long been an informed and vocal community and improved noticing requirements will only enhance the development review process. Staff finds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: This criteria applies to rezoning applications and does not apply to this text amendment. 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. Staff Finding: Staff feels that the proposed code amendments will not be in conflict with public interest. Staff believes that the proposed code amendments will enhance the intent of the public review process by making the noticing requirements more consistent and understandable. Staff finds this criteria to be met. 5 r"', n Exhibit "B" Proposed Language. Text to be deleted is indicated in strik€through text and text to be added is indicated in bold an italicized print. 26.308.010(B)(I) Exemption from expiration of Vested Rights. The City Council may by resolution at a public hearing noticed by publication, mailing, and posting (See Section 26.304.060(E)(3)(a)(b)(c)) approve an exemption of the expiration of vested rights in accordance with this Section. 26.308.010(C) Extension or Reinstatement of Vested Rights. The City Council may by resolution at a public hearing noticed by publication, mailing, and posting (See Section 26.304.060(E)(3)(a)(b)(c)) approve an extension or reinstatement of expired vested rights or a revoked development order in accordance with this Section. 26.308.010(E) Revocation. The City Council may by resolution at a public hearing noticed by publication ana, mailing to the applicant, and posting (See Section 26.304.060(E)(3)(a)(b)(c)) revoke a development order and associated vested rights upon a finding that: 1. The terms and conditions of the development order have not been met; or 2. The development order is void within the meaning of Section 26.104.050. 26.31 0.020(B)(I) Amendments to the Land Use Code and Official Zone District Map: Procedure for amendment. Steps Required: Unless initiated by the City Council in accordance with subsection C below, two steps are required: (a) a public hearing before the Planning and Zoning Commission, and (b) a public hearing before the City Council. 1. Step One - Public Hearing before Planning and Zoning Commission. a. Purpose: To determine if application meets standards for amendment to code text or official zone district map. b. Notice requirements for a privately initiated Amendment to the Official Zone District Map: Publication, Mailing, and Posting. (See Section 26.304.060(E)(3)(a)(b)(c)). Notice requirements for an Amendment to the Official Zone District Map initiated by the City: Publication, Mailing to property owners that are subject to the rezoning application at least f1fieen (15) days prior to the public hearing. ,-" !'""'\ Notice requirements for an amendment to the Land Use Code: Publication pursuant to Section 26.304.060(E)(a). 2. Step Two - Public Hearing before City Council. a. Purpose: To determine if application meets standards for amendment to code text or official zone district map, b. Notice requirements for a privately initiated Amendment to the Official Zone District Map: NOn€~, exc@ptPublication, Mailing, and Posting (See Section 26.304.060(E)(3)(a)(b)(c) in addition to the requisite notice requirements for adoption of an ordinance by City Council. Notice requirements for an Amendment to the Official Zone District Map initiated by the City: Publication, Mailing to property owners that are subject to the rezoning application at leastfifteen (15) days prior to the public hearing in addition to the requisite notice requirements for adoption of an ordinance by City Council. Notice requirements for an amendment to the Land Use Code: Publication pursuant to Section 26.304.060(E)(a) in addition to the requisite notice requirements for adoption of an ordinance by City Council. 26.314.040(B) Variances: Standards applicable to variances. In order to authorize a variance from the permitted uses of Title 26, the appropriate decision making body shall make a finding that all of the following circumstances exist: 1. Notice by publication, mailing and posting of the proposed variance has been provided to surrounding property owners in accordance with Section 26.304. 060(E)(3) ( a) (b) (c). 26.314.050(C) Variances: Procedure for variance approval. Steps Required. One step is required to review an application for a variance: A public hearing before the appropriate decision making body. Notice requirements: Publication, Mailing and posting (See Section 26.304. 060(E)(3) ( a) (b) (c)). 26.316.020(B) Appeals: Authority. City Council. The City Council shall have the authority to hear and decide the following appeals .~ n a. An interpretation of the text of this Title or the boundaries of the zone district map by the Community Development Director in accordance with Chapter 26.306. An appeal ofthis nature shall be a public meeting. b. Any action by the Historic Preservation Commission in approving, approving with conditions, or disapproving a development application for development in an "H", Historic Overlay District pursuant to Chapter 26.415. An Appeal of this nature shall be a public meeting. c. The Scoring determination or allocations of the Growth Management Commission pursuant to Chapter 26.470. An appeal of this nature shall be a public meeting. d. Any other appeal for which specific authority is not granted to another board or commission as established by this Title. An appeal of this nature shall be a public meeting. 26.316.030(F) Appeal: Appeal Procedures Action by the decision-making body hearing the appeal. Th@ G@ci~ion making body authoriz@d to h@ar th@ appeal shall follow th@ g@n@fal hearing proc@Gur@s s@t f-orth at Section 26.304.060(C). The decision-making body hearing the appeal may reverse, affirm, or modify the decision or determination appealed from, and, if the decision is modified, shall be deemed to have all the powers of the officer, board, or commission from whom the appeal is taken, including the power to impose reasonable conditions to be complied with by the appellant. The decision shall be approved by written resolution. All appeals shall be public meetings. 26.425.050(C) Conditional Use: Procedure for review. Notice requirements: Publication, mailing and posting (See Section 26.304.060(E)(3)(a)(b) & (c)). 26.430.050(C) Special Review: Procedure for special review approval. Notice Requirements: Neoo Publication, mailing, and posting (See Section 26.304.060(E)(3)(a)(b)(c)). 26.435,070(C) Environmentally Sensitive Area: Procedure for approval of development in ESA. Notice Requirements: Nelw-. Publication, mailing, and posting (See Section 26.304.060(E)(3)(a)(b)(c). 26.440.040(C)(1)(b), 26.440.040(C)(2)(b), 26.440.040(C)(3)(b), & 26.440.040(C)(4)(b) SPA: Procedures for Review. Steps Required: Unless consolidated in accordance with subsection B above, four steps are required for the review and approval of an application for development within a Specially Planned Area (SPA): . . 1""'\ 1""'1 I. Step One - Hearing before the Planning and Zoning Commission. b. Notice requirements: Neoo Publication, mailing, and posting (See Section 26.304.060(E)(3)(a)(b)(c). 2. Step Two - Public Hearing before City Council b. Notice requirements: Requisite notice requirements for adoption of a resolution by City Council and publication, posting and mailing. (See 26.304.060(E)(3)(a),(b), and (c). 3. Step Three - Public Hearing before the Planning and Zoning Commission. b. Notice requirements: Publication, posting and mailing. (See 26.304.060(E)(3)(a),(b), and (c).) 4. Step Four - Public Hearing before the City Council. b. Notice requirements: Requisite notice requirements for adoption of an ordinance by City Council and publication, posting and mailing. (See 26.304.060(E)(3)(a),(b), and (c)) 26.445.030(C) PUD: Procedures for Review. Steps Required: There are four steps required for the review of a PUD development plan. Consolidated and Minor PUD reviews require only steps three and four. Step One - Conceptual Review before Planning and Zoning Commission. Notice requirements: ~ Publication, mailing, and posting(See Section 26.304.060(E)(3)(a)(b)(c).) Step Two - Conceptual Review before City Council -- Public Hearing. Notice requirements: Requisite notice requirements for adoption of a resolution by City Council and publication, posting, and mailing. (See 26.304.060(E)(3)(a),(b), and (c).) Step Three - Final Review before the Planning and Zoning Commission - Notice requirements: I Publication, posting, and mailing. (See 26.304.060(E)(3) (a),(b), and (c).) Step Four - Final Review before the City Council -- Public Hearing. Notice requirements: Requisite notice requirements for adoption of an ordinance by City Council and publication, posting, and mailing. (See 26.304.060(E)(3)(a),(b), and (c).) 26.450.060 Temporary Use: Procedure for temporary use approval. The hearing before City Council shall be preceded by timely notice (publication, posting and mailing) as specified in Section 26.304.060(E)(3)(a)(b) and (c), and all hearings shall be conducted in accordance with the procedures set forth in Section 26.304.060(C) of this Title. 1"""\ !""'\ ,. i 26.480.040(C)(1)(b) & 26.480.040(C)(2)(b) Subdivision: Procedures for review. Subdivisions Step One - Public Hearing before Planning and Zoning Commission b. Notice requirements: Publication, posting and mailing. (See 26.52. 060(E)(3) ( a) (b) (c)). Step Two - Public Hearing before City Council. b. Notice requirements: NClIl€, €xeept Publication, mailing, and posting in addition to the requisite notice requirements for adoption of an ordinance by City Council. 26.500.050(A) COWOP: Procedure. Community Development Director The Community Development Director shall provide notice to the public, including publication, posting and mailing, in accordance with Section 26.304.060(E)(3)(a)(b)(c).). 26.500,050(E) COWOP: Procedure. City Council Adoption of Ordinance City Council upon receipt of the report an proposed ordinance from the Community Development Director shall approve, approve with conditions, or disapprove an ordinance granting a development order for the proposed development. The review shall be a public hearing for which notice has been published, posted, and mailed, pursuant to Section 26.30.060(E)(3)(a)(b)(c).) 26.520.080(D) Accessory Dwelling Units: Procedure Special Review The Special Review shall be considered at a public hearing for which notice has been published, pClsted and mailed, pursuant to Section 26.304.060(E)(3)(a, b, and c). r", r-- '\.,,;,7 G:Xh,'16I'f- \'c if RESOLUTION NO. 21 (SERIES OF 2002) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE TEXT AMENDMENTS THAT AMEND MUNICIPAL CODE SECTION 26.222, DESIGN REVIEW APPEALS COMMITTEE, SECTION 26.308, VESTED RIGHTS; SECTION 26.310, AMENDMENTS TO LAND USE CODE AND OFFICIAL ZONE DISTRICT MAP; SECTION 26.314, VARIANCES; SECTION 26.316, APPEALS; SECTION 26.425, CONDITIONAL USE; SECTION 26.430, SPECIAL REVIEW; SECTION 26.435, ENVIRONMENTALLY SENSITIVE AREA; SECTION 26.440, SPECIALLY PLANNED AREA; SECTION 26.445, PLANNED UNIT DEVELOPMENT; SECTION 26.450, TEMPORARY USE; SECtION 26.480, SUBDIVISION; SECTION 26.500, COWOP; SECTION 26.520, ACESSORY DWELLING UNIS; AMENDING THE PUBLIC NOTICING REQillREMENTS FOR PUBLIC HEARINGS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department proposed an application for amendments to Title 26, the City of Aspen Land Use Code; 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 recommend that City Council approve, approve with conditions, or deny a Code Amendment application, after considering a recommendation by the Community Development Department and taking and considering public comments; and, WHEREAS, the Community Development Department initiated and reviewed an application for proposed code amendments to amend the public hearing noticing requirements to require all land use public hearings, with the exception of minor HPC and GMQS applications; to be noticed in accordance with Land Use Code Section 26.304.060(E)(3)(a)(b)(c), Public Notice; pursuant to Land Use Code Section 26.310.040 and recommended approval; and, WHEREAS, the Planning and Zoning Commission conducted a public hearing, considered the recommendation of the Community Development Director and took public testimony on the proposed Code Amendments; and, WHEREAS, the Planning and Zoning Commission 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 Aspen Planning and Zoning Commission fmds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. ,....", t") WHEREAS, during a public hearing on June 18, 2002, the Planning and Zoning Commission recommended, by a six to zero (6-0) vote, that the City Council approve the code amendments 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 Amendments application to amend the public hearing noticing requirements to require all public hearings, with the exception of minor HPC and GMQS applications; to be noticed in accordance with Land Use Code Section 26.304.060(E)(3)(a)(b)(c), is approved as noted in the following sections: Section 2 That Section 26.222 of the Aspen Municipal Code shall be amended to read as follows: Section 26.222.070(B) Meetinl!;s, hearinl!;s, and procedure. All meetings of the Design Review Appeals Committee shall be open to the public, and project sites for specific appeals shall be required to post the property at least fifteen (15) days prior to the hearing before the Committee. Hearings shall also require publication and mailing of notice pursuant to Section 26.304.060(E)(3)(a)(b)(c). Section 3 That Section 26.308 of the Aspen Municipal Code shall be amended to read as follows: Section 26.308.010(B)(l) Exemption from expiration of Vested Ril!;hts. The City Council may by resolution at a public hearing noticed by publication, mailing, and posting (See Section 26.304.060(E)(3)(a)(b)(c)) approve an exemption of the expiration of vested rights in accordance with this Section. Section 26.308.010(C) Extension or Reinstatement of Vested Ri2hts. The City Council may by resolution at a public hearing noticed by publication, mailing, and posting (See Section 26.304.060(E)(3)(a)(b)(c)) approve an extension or reinstatement of expired vested rights or a revoked development order in accordance with this Section. 26.308.010(E) Revocation. The City Council may by resolution at a public hearing noticed by publication, mailing to the applicant, and posting (See Section 26.304.060(E)(3)(a)(b)(c)) revoke a development order and associated vested rights upon a finding that: 1. The terms and conditions of the development order have not been met; or A t'") 2. The development order IS void within the meanmg of Section 26.1 04.050 Section 4 That Section 26.310 of the Aspen Municipal Code shall be amended to read as follows: 26.310.020(B)(1) Amendments to the Land Use Code and Official Zone District Map: Procedure for amendment. Steps Required: Unless initiated by the City Council in accordance with subsection C below, two steps are required: (a) a public hearing before the Planning and Zoning Commission, and (b) a public hearing before the City Council. 1. Step One - Public Hearing before Planning and Zoning Commission. a. Purpose: To determine if application meets standards for amendment to code text or official zone district map. b. Notice requirements: Publication, Mailing, and Posting. (See Section 26.304.060(E)(3)(a)(b)( c)). 2. Step Two - Public Hearing before City Council. a. Purpose: To determine if application meets standards for amendment to code text or official zone district map. b. Notice requirements: Publication, Mailing, and Posting (See Section 26.304.060(E)(3)(a)(b)(c) in addition to the requisite notice requirements for adoption of an ordinance by City Council. Section 5: That Section 26.314 of the Aspen Municipal Code shall be amended to read as follows: 26.314.040(8) Variances: Standards applicable to variances. In order to authorize a variance from the permitted uses of Title 26, the appropriate decision making body shall make a finding that all of the following circumstances exist: 1. Notice by publication, mailing and posting of the proposed variance has been provided to surrounding property owners in accordance with Section 26.304.060(E)(3)( a)(b)( c). 26.314.050(C) Variances: Procedure for variance approval. Steps Required. One step is required to review an application for a variance: A public hearing before the appropriate decision making body. !""'\ n Notice requirements: Publication, Mailing and posting (See Section 26.304.060(E)(3)( a)(b)( c)). Section 6: That Section 26.316 of the Aspen Municipal Code shall be amended to read as follows: 26.316.030(0) Appeals: Appeal Procedures. Notice requirements. Notice of the appeal shall be provided by posting, mailing to the appellant and by publication to all other affected parties. (See Section 26.304.060(E)). Section 7: That Section 26.425 of the Aspen Municipal Code shall be amended to read as follows: 26.425,050(C) Conditional Use: Procedure for review. Notice requirements: Publication, mailing and posting (See Section 26.304.060(E)(3)(a)(b) & (c)). Section 8: That Section 26.430 of the Aspen Municipal Code shall be amended to read as follows: 26.430.050(C) Special Review: Procedure for special review approval. Notice Requirements: Publication, mailing, and posting (See Section 26.304. 060(E)(3)(a)(b)( c)). Section 9: That Section 26.435 of the Aspen Municipal Code shall be amended to read as follows: 26.435.070(C) Environmentallv Sensitive Area: Procedure for approval of development in ESA, Notice Requirements: Publication, mailing, and posting (See Section 26.304. 060(E)(3)(a)(b)( c). Section 10: That Section 26.435 of the Aspen Municipal Code shall be amended to read as follows: 26.440.040(C)(1)(b), SPA: Procedures for Review. Steps Required: Unless consolidated in accordance with subsection B above, four steps are required for the review and approval of an application for development within a Specially Planned Area (SPA): Step One - Hearing before the Planning and Zoning Commission. b. Notice requirements: Publication, mailing, and posting (See Section 26.304. 060(E)(3)(a)(b)( c). I"""; f'"1 Step Two - Public Hearing before City Council b. Notice requirements: Requisite notice requirements for adoption of a resolution by City Council and publication, posting and mailing. (See 26.304.060(E)(3)(a),(b), and (c). Step Three - Public Hearing before the Planning and Zoning Commission. b. Notice requirements: Publication, posting and mailing. (See 26.304.060(E)(3)(a),(b), and (c).) Step Four - Public Hearing before the City Council. b. Notice requirements: Requisite notice requirements for adoption of an ordinance by City Council and publication, posting and mailing. (See 26.304.060(E)(3)(a),(b), and (c)) Section 11: That Section 26.445 of the Aspen Municipal Code shall be amended to read as follows: . 26.445.030(C) PUD: Procedures for Review. Steps Required: There are four steps required for the review of a PUD development plan. Consolidated and Minor PUD reviews require only steps three and four. Step One - Conceptual Review before Planning and Zoning Commission. Notice requirements: Publication, mailing, and posting (See Section 26.304.060(E)(3)( a)(b)( c).) Step Two - Conceptual Review before City Council -- Public Hearing. Notice requirements: Requisite notice requirements for adoption of a resolution by City Council and publication, posting, and mailing. (See 26.304.060(E)(3)(a),(b), and (c).) Step Three - Final Review before the Planning and Zoning Commission - Notice requirements: Publication, posting, and mailing. (See 26.304.060(E)(3) (a),(b), and (c).) Step Four - Final Review before the City Council -- Public Hearing. Notice requirements: Requisite notice requirements for adoption of an ordinance by City Council and publication, posting, and mailing. (See 26.304.060(E)(3)(a),(b), and (c).) Section 12: That Section 26.450 of the Aspen Municipal Code shall be amended to read as follows: ,-" ("') , 26.450.060 Temporary Use: Procedure for temporary use approval. The hearing before City Council shall be preceded by timely notice (publication, posting and mailing) as specified in Section 26.304.060(E)(3)(a)(b) and (c), and all hearings shall be conducted in accordance with the procedures set forth in Section 26.304.060(C) of this Title. Section 13: That Section 26.480 of the Aspen Municipal Code shall be amended to read as follows: 26.480.040(C)(l)(b) & 26.480.040(C)(2)(b) Subdivision: Procedures for review, Subdivisions Step One - Public Hearing before Planning and Zoning Commission b. Notice requirements: Publication, posting and mailing. (See 26.52.060(E)(3)(a)(b )( c)). Step Two - Public Hearing before City Council. b. Notice requirements: Publication, mailing, and posting in addition to the requisite notice requirements for adoption of an ordinance by City Council. Section 14: That Section 26.500 of the Aspen Municipal Code shall be amended to read as follows: 26.500.050(A) COWOP: Procedure. Community Development Director The Community Development Director shall provide notice to the public, including publication, posting and mailing, in accordance with Section 26.304. 060(E)(3)(a)(b)( c).) 26.500.050(E) COWOP: Procedure. City Council Adoption of Ordinance City Council upon receipt of the report an proposed ordinance from the Community Development Director shall approve, approve with conditions, or disapprove an ordinance granting a development order for the proposed development. The review shall be a public hearing for which notice has been published, posted, and mailed, pursuant to Section 26.30.060(E)(3)(a)(b)(c).) Section 15: That Section 26.520 of the Aspen Municipal Code shall be amended to read as follows: 26.520.080(0) Accessory Dwellinl! Units: Procedure t"""'\ () Special Review The Special Review shall be considered at a public hearing for which notice has been published, posted and mailed, pursuant to Section 26.304.060(E)(3)(a, b, and c). Section 16: All material representations and commitments made by the applicant pursuant to the Code Amendment approvals 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 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 18: 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 June 18, 2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk r-. ("'. i:, ,'1 VI'e MEMORANDUM TO: Mayor and City Council THRU: Julie Ann Woods, Community Development Directo Joyce Ohlson, Deputy Director FROM: James Lindt, Planner RE: Public Noticing Code Amendments, 1" Reading of Ordinance No. ~eries of 2002 DATE: July 22, 2002 SUMMARY: The Community Development Department is proposing Land Use Code Amendments that would make the public noticing requirements for almost all public hearings uniform. Currently, some types of land use applications (Environmentally Sensitive Areas, Special Reviews) that require public hearings do not even require the public to be noticed in any manner. Other types of land use applications (DRAC Variances) currently require just a five (5) day posting of the hearing notice on the property, and yet other types of land use applications currently require notice to be published, posted on the property, and mailed to property owners within three hundred (300) feet of the subject property. Staff is proposing to make the public noticing requirements for almost all land use public hearings a mandatory publication of notice in the newspaper, posting of notice on the property, and mailing of notice to property owners within three hundred (300) feet pursuant to Land Use Code Section 26.304.060(E), Public Notice. In order to amend the code in this manner, Staff has picked out all of the land use application sections that require a public hearing and determined what each type of land use review currently requires in regards to public notice. Staff then identified the code language in each section that establishes the noticing requirements for each type of review and has drafted replacement code language (please see Exhibit "B" for the proposed language) that would require the public to be noticed of all land use hearings pursuant to Land Use Code Section 26.304.060(E), Public Notice. Land use public hearings in which Staff is not proposing to amend the noticing requirements for, are those which are located in Land Use Code Section 26.470, Growth Management Quota System. Staff is concurrently overhauling the Growth Management Quota System and would like to amend the noticing requirements located in this code section as part of the larger overhaul. Additionally, Staff is not proposing to amend the noticing requirements for the review of minor HPC applications. Staff believes that the aforementioned land use request does not have as much impact on the surrounding property owners as do the other land use actions that currently require public hearings. Therefore, Staff and the City Attorney do not believe that minor HPC applications should require the level of notice that other land use public hearings should be subject to. 1 ,~ ,,-., , ;J STAFF COMMENTS: Staff believes that the proposed code amendments to make the noticing requirements for almost all public hearings uniform will bring clarity and more consistency to the public noticing process for both Staff and land use applicants. Additionally, Staff believes that public comment is an important component to the quasi-judicial board review process. Thus, Staff feels that the proposed code amendments to the public noticing process will yield a more informed public on proposed land use actions that may affect them. RECOMMENDATION: Staff is recommending that City Council approve the proposed code amendments to standardize all public hearing noticing requirements, with the exception of minor HPC and GMQS applications; to include publishing notice in the newspaper, posting notice on the property, and mailing notice to property owners within 300 feet, at least fifteen days prior to the public hearing date pursuant to Land Use Code Section 26.304.060(E)(3), Public Notice. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission recommends that City Council approve the proposed code amendments. REVIEW PROCEDURE . Text Amendment: City Council shall by ordinance approve, propose alternative language, or deny an application for an amendment to the land use code after considering a recommendation from the Community Development Director and the Planning and Zoning Commission. RECOMMENDED MOTION: "I move to approve Ordinance No.~ Series of 2002, approving Land Use Code Amendments to standardize all public hearing noticing requirements, with the exception of minor HPC and GMQS applications; to include publishing notice in the newspaper, posting notice on the property, and mailing notice to property owners within 300 feet, at least fifteen days prior to the public hearing date pursuant to Land Use Code Section 26.304.060(E)(3), Public Notice." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Proposed Language Exhibit C -- Planning and Zoning Commission Resolution No. 21, Series of2002 2 I"""">, ~ ORDINANCE NO..J.J-- (SERIES OF 2002) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING TEXT AMENDMENTS THAT AMEND MUNICIPAL CODE SECTION 26.222, DESIGN REVIEW APPEALS COMMITTEE, SECTION 26.308, VESTED RIGHTS; SECTION 26.310, AMENDMENTS TO LAND USE CODE AND OFFICIAL ZONE DISTRICT MAP; SECTION 26.314, VARIANCES; SECTION 26.316, APPEALS; SECTION 26.425, CONDITIONAL USE; SECTION 26.430, SPECIAL REVIEW; SECTION 26.435, ENVIRONMENT ALL Y SENSITIVE AREA; SECTION 26.440, SPECIALLY PLANNED AREA; SECTION 26.445, PLANNED UNIT DEVELOPMENT; SECTION 26.450, TEMPORARY USE; SECTION 26.480, SUBDIVISION; SECTION 26.500, COWOP; SECTION 26.520, ACCESSORY DWELLING UNITS; SECTION 26.575, WIRELESS TELECOMMUNICATION FACILITIES AND EQUIPMENT; AMENDING THE PUBLIC NOTICING REQUIREMENTS FOR PUBLIC HEARINGS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department proposed an application for an amendment to Title 26, the City of Aspen Land Use Code; and, WHEREAS, pursuant to Sections 26.310.040, City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by Ordinance approve 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 the Planning and Zoning Commission pursuant to Land Use Code Section 26.430.020; and, WHEREAS, the Community Development Department initiated and reviewed an application for proposed code amendments to amend the public hearing noticing requirements to require all land use public hearings, with the exception of minor HPC and GMQS applications, to be noticed in accordance with Land Use Code Section 26.304.060(E)(3)(a)(b)(c), Public Notice; pursuant to Land Use Code Section 26.310.040 and recommended approval; and, WHEREAS, during a duly noticed public hearing on June 18,2002, the Planning and Zoning Commission approved Resolution No. 21, Series of 2002, by a six to zero (6- 0) vote, recommending that City Council approve code amendments to amend the public' hearing noticing requirements to require all land use public hearings, with the exception of minor HPC and GMQS applications; to be noticed in accordance with Land Use Code Section26.304.060(E)(3)(a)(b)(c), Public Notice; and, WHEREAS, the Aspen City Council has reviewed and considered the proposed code amendments under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, f"\ i"""'\ \1 WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Code Amendment application to amend the public hearing notiCing requirements to require all public hearings, with the exception of minor HPC and GMQS applications, to be noticed in accordance with Land Use Code Section 26.304.060(E)(3)(a)(b)(c), is approved as noted in the following sections: Section 2 That Section 26.222 of the Aspen Municipal Code shall be amended to read as follows: Section 26.222.070(B) Meetings, hearings, and procedure. All meetings of the Design Review Appeals Committee shall be open to the public, and project sites for specific appeals shall be required to post the property at least fifteen (15) days prior to the hearing before the Committee. Hearings shall also require publication and mailing of notice pursuant to Section 26.304.060(E)(3)(a)(b)(c). Section 3 That Section 26.308 ofthe Aspen Municipal Code shall be amended to read as follows: Section 26.308.010(B)(1) Exemption from expiration of Vested Rights. The City Council may by resolution at a public hearing noticed by publication, mailing, and posting (See Section 26.304.060(E)(3)(a)(b)(c)) approve an exemption of the expiration of vested rights in accordance with this Section. Section 26.308.010(C) Extension or Reinstatement of Vested Rights. The City Council may by resolution aUt public hearing noticed by publication, mailing, and posting (See Section 26.304.060(E)(3)(a)(b)(c)) approve an extension or reinstatement of expired vested rights or a revoked development order in accordance with this Section. 26.30S.010(E) Revocation. The City Council may by resolution at a public hearing noticed by publication, mailing to the applicant, and posting (See Section 26.304.060(E)(3)(a)(b)(c)) revoke a development order and associated vested rights upon a finding that: r"\ f"""\ '! 1. . The terms and conditions of the development order have not been met; or 2. The development order is void within the meaning of Section 26.1 04.050 Section 4 That Section 26.310 of the Aspen Municipal Code shall be amended to read as follows: 26.310.020(B)(l) Amendments to the Land Use Code and Official Zone District Map: Procedure for amendment. Steps Required: Unless initiated by the City Council in accordance with subsection C below, two steps are required: (a) a public hearing before the Planning and Zoning Commission, and (b) a public hearing before the City Council. 1. Step One - Public Hearing before Planning and Zoning Commission. a. Purpose: To determine if application meets standards for amendment to code text or official zone district map. b. Notice requirements: Publication, Mailing, and Posting. (See Section 26.304.060(E)(3)(a)(b)( c)). 2. Step Two - Public Hearing before City Council. a. Purpose: To determine if application meets standards for amendment to code text or official zone district map. b. Notice requirements: Publication, Mailing, and Posting (See Section 26.304.060(E)(3)(a)(b)(c) in addition to the requisite notice requirements for adoption of an ordinance by City Council. Section 5: That Section 26.314 of the Aspen Municipal Code shall be amended to read as follows: 26.314.040(8) Variances: Standards applicable to variances. In order to authorize a variance from the permitted uses of Title 26, the appropriate decision making body shall make a finding that all of the following circumstances exist: 1. Notice by publication, mailing and posting of the proposed variance has been provided to surrounding property owners in accordance with Section 26.304.060(E)(3)( a)(b)( c). ,.." .~ 26.314.050(C) Variances: Procedure for variance approval. Steps Required One step is required to review all applicati61i for a variance: A public hearing before the appropriate decision making body. Notice requirements: Publication, Mailing and posting (See Section 26.304.060(E)(3)( a)(b )( c)). Section 6: That Section 26.316 of the Aspen Municipal Code shall be amended to read as follows: 26.316.030(D) Appeals: Appeal Procedures. Notice requirements. Notice of the appeal shall be provided by posting, mailing to the appellant and by publication to all other affected parties. (See Section 26.304.060(E)). Section 7: That Section 26.425 of the Aspen Municipal Code shall be amended to read as follows: 26.425.050(C) Conditional Use: Procedure for review. Notice requirements: Publication, mailing aIld posting (See Section 26.304.060(E)(3)(a)(b) & (c)). Section 8: That Section 26.430 of the Aspen Municipal Code shall be amended to read as follows: 26.430.050(0 Special Review: Procedure for special review annroval. Notice Requirements: Publication, mailing, and posting (See Section 26.304.060(E)(3)( a)(b )( c)). Section 9: That Section 26.435 of the Aspen Municipal Code shall be amended to read as follows: 26.435.070(C) Environmentallv Sensitive Area: Procedure for annroval of development in ESA. Notice Requirements: Publication, mailing, and posting (See Section 26.304.060(E)(3)( a)(b)( c). Section 10: That Section 26.435 of the Aspen Municipal Code shall be amended to read as follows: 26.440.040(C)(1)(b), SPA: Procedures for Review, Steps Required: Unless consolidated in accordance with subsection B above, four steps are required for the review and approval of an application for development within a Specially Planned Area (SPA): r", Step One - Hearing before the Planning and Zoning Commission. b. Notice requirements: Publication, mailing, and posting (See Section 26.304.060(E)(3)(a)(b)( c). Step Two - Public Hearing before City Council b. Notice requirements: Requisite notice requirements for adoption of a resolution by City Council and publication, posting and mailing. (See 26.304.060(E)(3)(a),(b), and (c). Step Three - Public Hearing before the Planning and Zoning Commission. b. Notice requirements: Publication, posting and mailing. (See 26.304.060(E)(3)(a),(b), and (c).) Step Four - Public Hearing before the City Council. b. Notice requirements: Requisite notice requirements for adoption of an ordinance by City Council and publication, posting and mailing. (See 26.304.060(E)(3)(a),(b), and (c)). . Section 11: That Section 26.445 of the Aspen Municipal Code shall be amended to read as follows: 26.445.030(C) PUD: Procedures for Review. Steps Required: There are four steps required for the review of a PUD development plan. Consolidated and Minor PUD reviews require only steps three and four. Step One - Conceptual Review before Planning and Zoning Commission. Notice requirements: Publication, mailing, and posting (See Section 26.304.060(E)(3)( a)(b)( c).) Step Two - Conceptual Review before City Council -- Public Hearing. Notice requirements: Requisite notice requirements for adoption of a resolution by City Council and publication, posting, and mailing. (See 26.304.060(E)(3)(a),(b), and (c).) Step Three - Final Review before the Planning and Zoning Commission - Notice requirements: Publication, posting, and mailing. (See 26.304.060(E)(3) (a),(b), and (c).) Step Four - Final Review before the City Council -- Public Hearing. Notice requirements: Requisite notice requirements for adoption of an ordinance by City Council and publication, posting, and I r"\ ,.-, \. if I mailing. (See 26.304.060(E)(3)(a),(b), and (c).) Section 12: That Section 26.450 of the Aspen Municipal Code shall be amended to read as follows: 26.450.060 Temporary Use:Proced~~.e fortempo~~ry use.. aPJlroval. The hearing before City Council shall be preceded by timely riotke (publication, posting and mailing) as specified in Section 26.304.060(E)(3)(a)(b) and (c), and all hearings shall be conducted in accordance with the procedures set forth in Section 26.304.060(C) of this Title. Section 13: That Section 26.480 of the Aspen Municipal Code shall be amended to read as follows: 26.480.040(C)(1)(b) & 26.480.040(C)(2)(b) Subdivision: Procedures for review. . ". Subdivisions Step One - Public Hearing before Planning and Zoning Commission b. Notice requirements: Publication, posting and mailing. (See 26.52.060(E)(3)( a)(b)( c)). Step Two - Public Hearing before City Council. b. Notice requirements: Publication, mailing, and posting in addition to he requisite notice requirements for adoption of an ordinance by City Council. Section 14: That Section 26.500 of the Aspen Municipal Code shall be amended to read as follows: 26.500.050(A) COWOP: Procedure. Community Development DireCtor The Community Development Director shall provide notice to the public, including publication, posting and mailing, in accordance with Section 26.304 .060(E)(3)(a)(b)( c).) 26.500.050ffi) COWOP: Procedure. City Council Adoption of Ordinance City Council upon receipt of the report and proposed ordinance from the Community DevelopmentDirector shall approve, approve with conditions, or disapprove an ordinance granting a development order for the proposed development. The review shall be a public hearing for which notice has been published, posted, and mailed, pursuant to Section 26.30.060(E)(3)(a)(b)(c).) Section 15: f""'" o , That Section 26.520 of the Aspen Municipal Code shall be amended to read as follows: 26.520.080(0) Accessorv Dwellinl! Units: Procedure Special Review The Special Review shall be considered at a public hearing for which notice has been published, posted and mailed, pursuant to Section 26.304.060(E)(3)(a, b, and c). . Section 16: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 17: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 18: A public hearing on the ordinance shall be held on the 26th day of August, 2002, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 22nd day of July, 2002. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk t'"'\ t'"'\ , FINALLY, adopted, passed and approved this 26th day of August, 2002. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney .~ fl EXHIBIT A AMENDMENT TO THE LAND USE CODE REVIEW CRITERIA & STAFF FINDINGS Section 26.310.040, Text Amendmen.t Standards of Review In reviewing an amendment to the official zone district map, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: Staff does not believe the proposed code amendments are in copflict with any applicable portions of this title or the Municipal Code. Staff feels that the proposed code amendments will amend the public noticing requirements in a manner that is more consistent and usable by Staff and the public. Staff finds this criterion to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: Staff does not believe that the proposed amendments are in conflict with the Aspen Area Community Plan. Staff feels that public involvement in the development review process is important in making appropriate decisions on land use requests. Therefore, it is important that noticing requirements be consistent and predictable for both the general public and the applicants. Staff believes that the proposed code amendments will yield both consistency and predictability in noticing the public of hearing dates and times. Staff finds this criterion to be met. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: These two criteria apply to rezoning applications and do not apply to this text amendment. 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 facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medicalfacilities. 3 1""\ A Staff Finding: This criteria applies to rezoning applications and do not apply to this text amendment. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding: Staff does not feel that the proposed code amendments will r(lsult in adverse impacts on the natural environment. Staff finds this criterion to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: Staff believes that the proposed code amendments are consistent with community character of Aspen. Aspen has long been an informed and vocal community and improved noticing requirements will only enhance the development review process. Staff finds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: This criteria applies to rezoning applications and does not apply to this text amendment. 1. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding: Staff feels that the proposed code amendments will not be in conflict with public interest. Staff believes that the proposed code amendments will enhance thf: intent of the public review process by making the noticing requirements more consistent and understandable. Staff finds this criteria to be met. 4 TO: I') 1[:0 . MEMORANDUM. 5 ~ ~ ~ JL. Aspen Planning and Zoning Commission W \ . / \ .V\J ,10 ~,~ J\J0~ Julie Ann Woods, Community Development Director G.e-~ G~ '^O ~& 0 Joyce Ohlson, Deputy Director v , '1@ : ~~O\.~ ~S?OO ,.,." THRU: FROM: James Lindt, Planner :::::J L RE: Public Noticing Code Amendments - Public Hearing cidJ fJM~ DATE: June 18, 2002 SUMMARY: The Community Development Department is proposing Land Use Code Amendments that would make the public noticing requirements for almost all public hearings uniform. Currently, some types of land use applications (Environmentally Sensitive Areas, Special Reviews) that require public hearings do not even require the public to be noticed in any manner. Other types of land use applications (DRAC Variances) currently require just a fifteen (15) day posting of the hearing notice on the property, and yet other types ofland use applications currently require notice to be published, posted on the property, and mailed to property owners within three hundred (300) feet of the subject property. Staff is proposing to make the public noticing requirements for almost all land use public hearings a mandatory publication of notice in the newspaper, posting of notice on the property, and mailing of notice to property owners within three hundred (300) feet pursuant to Land Use Code Section 26.304.060(E), Public Notice. In order to amend the code in this manner, Staff has picked out all of the land use application sections that require a public hearing and determined what each type of land use review currently requires in regards to public notice. Staff then identified the code language in each section that establishes the noticing requirements for each type of review and has drafted replacement code language (please see Exhibit "B" for the proposed language) that would require the public to be noticed of all land use hearings pursuant to Land Use Code Section26.304.060(E), Public Notice. Land use public hearings in which Staff is not proposing to amend the noticing requirements for, are those which are located in Land Use Code Section 26.470, Growth Management Quota System. Staff is concurrently overhauling the Growth Management Quota System and would like to amend the noticing requirements located in this code section as part of the larger overhaul. Additionally, Staff is not proposing to amend the noticing requirements for the review of variances from the residential design standards and minor HPC reviews. Staff believes that the aforementioned land use requests do not have as much impact on the surrounding property owners as do the other land use actions that currently require public hearings. Therefore, Staff and the City Attorney does not believe that residential design standard variances and minor HPC reviews should require the level of notice that other land use public hearings should be subject to. 1 1""\. (') STAFF COMMENTS: Staff believes that the proposed code amendments to make the noticing requirements for almost all public hearings uniform will bring clarity and more consistency to the public noticing process for both Staff and land use applicants. Additionally, Staff believes that public comment is an important component to the quasi-judicial board review process. Thus, Staff feels that the proposed code amendments to the public noticing process will yield a more informed public on proposed land use actions that may affect them. RECOMMENDATION: Staff is recommending that the Planning and Zoning Commission approve the proposed resolution recommending that City Council approve the proposed code amendments to standardize all public hearing noticing requirements, with the exception of residential design standard variances, minor HPC, and GMQS applications; to include publishing notice in the newspaper, posting notice on the property, and mailing notice to property owners within 300 feet, at least fifteen days prior to the public hearing date pursuant to Land Use Code Section 26.304.060(E)(3), Public Notice. REVIEW PROCEDURE · Text Amendment: The Planning and Zoning Commission shall by resolution recommend approval, approval with conditions, or denial to City Council on a Land Use Code text amendment after recommendation by the Community Development Director and public comment. RECOMMENDED MOTION: "I move to approve Resolution No. jJ, Series of 2002, recommending that City Council approve the proposed Land Use Code Amendments to standardize all public hearing noticing requirements, with the exception of residential design standard variances, minor HPC, and GMQS applications; to include publishing notice in the newspaper, posting notice on the property, and mailing notice to property owners within 300 feet, at least fifteen days prior to the public hearing date pursuant to Land Use Code Section 26.304.060(E)(3), Public Notice." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Proposed Language 2 f'\ t) RESOLUTION No.B (SERIES OF 2002) A RESOLUTION OF THE CITY OF ASJ>EN J>LANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL Al'PROVETEXT AMENDMENTS THAT AMEND MUNICIPAL CODE SECTION 26.308, VESTED RIGHTS; SECTION 26.310, AMENDMENTS TO LAND USE CODE AND OFFICIAL ZONE DISTRICT MAl'; SECTION 26.314, VARIANCES; SECTION 26.316, AJ>J>EALS; SECTION 26.425, CONDITIONAL USE; SECTION 26.430, SJ>ECIAL REVIEW; SECTION 26.435, ENVIRONMENTALLY SENSITIVE AREA; SECTION 26.440, SJ>ECIALL Y J>LANNED AREA; SECTION 26.445, J>LANNED UNIT DEVELOJ>MENT; SECTION 26.450, TEMPORARY USE; SECTION 26.480, SUBDIVISION; SECTION 26.500, COW01>; SECTION 26.520, ACESSORY DWELLINGUNlS;AMENDINGTIlEPtJBtIC NOTICING REQUIREMENTS FOR J>UBLIC HEARINGS, CITY OF ASJ>EN, J>ITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department proposed an application for amendments to Title 26, the City of Aspen Land Use Code; 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 recommend that City Council approve, approve with conditions, or deny a Code Amendment application, after considering a recommendation by the Community Development Department and taking and considering public comments; and, WHEREAS, the Community Development Department initiated and reviewed an application for proposed code amendments to amend the public hearing noticing requirements to require all land use public hearings, with the exception of residential design standard variances, minor HPC, and GMQS applications; to be noticed in accordance with Land Use Code Section 26.304.060(E)(3)(a)(b)(c), Public Notice; pursuant to Land Use Code Section 26.310.040 and recommended approval; and, WHEREAS, the Planning and Zoning Commission conducted a public hearing, considered the recommendation of the Community Development Director and took public testimony on the proposed Code Amendments; and, WHEREAS, the Planning and Zoning Commission 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 Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. r'\ ~ .,~ WHEREAS, during a public hearing on June 18,2002, the Planning and Zoning Commission recommended, by a _ to _ L--1 vote, that the City Council approve the code amendments 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 Amendments application to amend the public hearing noticing requirements to require all public hearings, with the exception of residential design standard variances, minor HPC, and GMQS applications; to be noticed in accordance with Land Use Code Section 26.304.060(E)(3)(a)(b)(c), is approved as noted in the following sections: Section 2 That Section 26.308 of the Aspen Municipal Code shall be amended to read as follows: Section 26.308.010(B)(1) Exemption from expiration of Vested Rights. The City Council may by resolution at a public hearing noticed by publication, mailing, and posting (See Section 26.304.060(E)(3)(a)(b)(c)) approve an exemption of the expiration of vested rights in accordance with this Section. Section 26.308.010(C) Extension or Reinstatement of Vested Rights. The City Council may by resolution at a public hearing noticed by publication, mailing, and posting (See Section 26.304.060(E)(3)(a)(b)(c)) approve an extension or reinstatement of expired vested rights or a revoked development order in accordance with this Section. 26.308.010(E) Revocation. The City Council may by resolution at a public hearing noticed by publication, mailing to the applicant, and posting (See Section 26.304.060(E)(3)(a)(b)(c)) revoke a development order and associated vested rights upon a finding that: 1. The terms and conditions of the development order have not been met; or 2. The development order is void within the meaning of Section 26.1 04.050 Section 3 That Section 26.310 of the Aspen Municipal Code shall be amended to read as follows: 26.310.020(B)(1) Amendments to the Land Use Code and Official Zone District Map: Procedure for amendment. Steps Required: Unless initiated by the City Council in accordance with subsection C below, two steps are required: (a) a public hearing before the 1"""\ ~ , Planning and Zoning Commission, and (b) a public hearing before the City Council. 1. Step One - Public Hearing before Planning and Zoning Commission. a. Purpose: To determine if application meets standards for amendment to code text or official zone district map. b. Notice requirements: Publication, Mailing, and Posting. (See Section 26.304.060(E)(3)(a)(b)( c)). 2. Step Two - Public Hearing before City Council. a. Purpose: To determine if application meets standards for amendment to code text or official zone district map. b. Notice requirements: Publication, Mailing, and Posting (See Section 26.304.060(E)(3)(a)(b)(c) in addition to the requisite notice requirements for adoption of an ordinance by City Council. Section 4: That Section 26.314 of the Aspen Municipal Code shall be amended to read as follows: 26.314.040(B) Variances: Standards applicable to variances. In order to authorize a variance from the permitted uses of Title 26, the appropriate decision making body shall make a finding that all of the following circumstances exist: 1. Notice by publication, mailing and posting of the proposed variance has been provided to surrounding property owners in accordance with Section 26.304.060(E)(3)( a)(b)( c). 26.314.050(C) Variances: Procedure for variance approval. Steps Required. One step is required to review an application for a variance: A public hearing before the appropriate decision making body. Notice requirements: Publication, Mailing and posting (See Section 26.304.060(E)(3)( a)(b)( c)). Section 5: That Section 26.316 of the Aspen Municipal Code shall be amended to read as follows: 26.316.030(D) Appeals: Appeal Procedures. Notice requirements. Notice of the appeal shall be provided by posting, mailing to the appellant and by publication to all other affected parties. (See Section 26.304.060(E)). ,-. t) Section 6: That Section 26.425 of the Aspen Municipal Code shall be amended to read as follows: 26.42S.0S0(C) Conditional Use: Procedure for review. Notice requirements: Publication, mailing and posting (See Section 26.304.060(E)(3)(a)(b) & (c)). Section 7: That Section 26.430 of the Aspen Municipal Code shall be amended to read as follows: 26.430.0S0(C) Suecial Review: Procedure for suecial review auuroval, Notice Requirements: Publication, mailing, and posting (See Section 26.304. 060(E)(3)(a)(b)( c)). Section 8: That Section 26.435 of the Aspen Municipal Code shall be amended to read as follows: 26.43S.070(C) Environmentallv Sensitive Area: Procedure for auuroval of develoument in ESA. Notice Requirements: Publication, mailing, and posting (See Section 26.304. 060(E)(3)(a)(b)( c). Section 9: That Section 26.435 of the Aspen Municipal Code shall be amended to read as follows: 26.440.040(C)(1)(b), SPA: Procedures for Review. Steps Required: Unless consolidated in accordance with subsection B above, four steps are required for the review and approval of an application for development within a Specially Planned Area (SPA): Step One - Hearing before the Planning and Zoning Commission. b. Notice requirements: Publication, mailing, and posting (See Section 26.304. 060(E)(3)(a)(b)( c). Step Two - Public Hearing before City Council b. Notice requirements: Requisite notice requirements for adoption of a resolution by City Council and publication, posting and mailing. (See 26.304.060(E)(3)(a),(b), and (c). Step Three - Public Hearing before the Planning and Zoning Commission. b. Notice requirements: Publication, posting and mailing. (See 26.304.060(E)(3)(a),(b), and (c).) ^ 1""'\ . y Step Four - Public Hearing before the City Council. b. Notice requirements: Requisite notice requirements for adoption of an ordinance by City Council and publication, posting and mailing. (See 26.304.060(E)(3)(a),(b), and (c)) Section 10: That Section 26.445 of the Aspen Municipal Code shall be amended to read as follows: 26.445.030(C) PUD: Procedures for Review. Steps Required: There are four steps required for the review of a PUD development plan. Consolidated and Minor PUD reviews require only steps three and four. Step One - Conceptual Review before Planning and Zoning Commission. Notice requirements: I Publication, mailing, and posting (See Section 26.304.060(E)(3)( a)(b)( c).) Step Two - Conceptual Review before City Council -- Public Hearing. Notice requirements: Requisite notice requirements for adoption of a resolution by City Council and publication, posting, and mailing. (See 26.304.060(E)(3)(a),(b), and (c).) Step Three - Final Review before the Planning and Zoning Commission - I Notice requirements: Publication, posting, and mailing. (See 26.304.060(E)(3) (a),(b), and (c).) Step Four - Final Review before the City Council -- Public Hearing. Notice requirements: Requisite notice requirements for adoption of an ordinance by City Council and publication, posting, and mailing. (See 26.304.060(E)(3)(a),(b), and (c).) Section 11: That Section 26.450 of the Aspen Municipal Code shall be amended to read as follows: 26.450.060 Temporary Use: Procedure for temporary use approval. The hearing before City Council shall be preceded by timely notice (publication, posting and mailing) as specified in Section 26.304.060(E)(3)(a)(b) and (c), and all hearings shall be conducted in accordance with the procedures set forth in Section 26.304.060(C) of this Title. Section 12: That Section 26.480 of the Aspen Municipal Code shall be amended to read as follows: t'1 n 26.480.040(C)(1)(b) & 26.480.040(C)(2)(b) Subdivision: .Procedures for review. Subdivisions Step One - Public Hearing before Planning and Zoning Commission b. Notice requirements: Publication, posting and mailing. (See 26.52.060(E)(3)( a)(b)( c)). Step Two - Public Hearing before City Council. b. Notice requirements: Publication, mailing, and posting in addition to the requisite notice requirements for adoption of an ordinance by City Council. Section 13: That Section 26.500 of the Aspen Municipal Code shall be amended to read as follows: 26.500.050(A) COWOP: Procedure. Community Development Director The Community Development Director shall provide notice to the public, including publication, posting and mailing, in accordance with Section 26.304. 060(E)(3)(a)(b)( c).) 26.500.050(E) COWOP: Procedure. City Council Adoption of Ordinance City Council upon receipt of the report an proposed ordinance from the Community Development Director shall approve, approve with conditions, or disapprove an ordinance granting a development order for the proposed development. The review shall be a public hearing for which notice has been published, posted, and mailed, pursuant to Section 26.30.060(E)(3)(a)(b)(c).) Section 14: That Section 26.520 of the Aspen Municipal Code shall be amended to read as follows: 26.520.080(D) Accessorv Dwellinl! Units: Procedure Special Review The Special Review shall be considered at a public hearing for which notice has been published, posted and mailed, pursuant to Section 26.304.060(E)(3)(a, b, and c). Section 15: All material representations and commitments made by the applicant pursuant to the Code Amendment approvals 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. i""': ("""; Section 16: 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 17: 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 June 18, 2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk 1'""\ rj EXHIBIT A AMENDMENT TO THE LAND USE CODE REVIEW CRITERIA & STAFF FINDINGS Section 26.310.040, Text Amendment Standards of Review In reviewing an amendment to the official zone district map, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: Staff does not believe the proposed code amendments are in conflict with any applicable portions of this title or the Municipal Code. Staff feels that the proposed code amendments will amend the public noticing requirements in a manner that is more consistent and usable by Staff and the public. Staff finds this criterion to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: Staff does not believe that the proposed amendments are in conflict with the Aspen Area Community Plan. Staff feels that public involvement in the development review process is important in making appropriate decisions on land use requests. Therefore, it is important that noticing requirements be consistent and predictable for both the general public and the applicants. Staff believes that the proposed code amendments will yield both consistency and predictability in noticing the public of hearing dates and times. Staff finds this criterion to be met. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing liind use and neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: These two criteria apply to rezoning applications and do not apply to this text amendment. 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 facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medicalfacilities. 3 -..- :~ A Staff Finding: This criteria applies to rezoning applications and do not apply to this text amendment. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding: Staff does not feel that the proposed code amendments will result in adverse impacts on the natural environment. Staff finds this criterion to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: Staff believes that the proposed code amendments are consistent with community character of Aspen. Aspen has long been an informed and vocal community and improved noticing requirements will only enhance the development review process. Staff finds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: This criteria applies to rezoning applications and does not apply to this text amendment. 1. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding: Staff feels that the proposed code amendments will not be in conflict with public interest. Staff believes that the proposed code amendments will enhance the intent of the public review process by making the noticing requirements more consistent and understandable. Staff finds this criteria to be met. 4 ^ .~ Exhibit "B" Proposed Language. Text to be deleted is indicated in gtrihthrougl1 text and text to be added is indicated in bold an italicized print. 26.308.0IO(B)(I) Exemption from expiration of Vested Rights. The City Council may by resolution at a public hearing noticed by publication, mailing, and posting (See Section 26.304.060(E)(3)(a)(b)(c)) approve an exemption ofthe expiration of vested rights in accordance with this Section. 26.308.010(C) Extension or Reinstatement of Vested Rights. . The City Council may by resolution at a public hearing noticed by publication, mailing, and posting (See Section 26.304.060(E)(3)(a)(b)(c)) approve an extension or reinstatement of expired vested rights or a revoked development order in accordance with this Section. 26.308.010(E) Revocation. The City Council may by resolution at a public hearing noticed by publication aOO,- mailing to the applicant, and posting (See Section 26.304.060(E)(3)(a)(b)(c)) revoke a development order and associated vested rights upon a finding that: 1. The terms and conditions of the development order have not been met; or 2. The development order is void within the meaning of Section 26.104.050. 26.31 O.020(B)(I) Amendments to the Land Use Code and Official Zone District Map: Procedure for amendment. Steps Required: Unless initiated by the City Council in accordance with subsection C below, two steps are required: (a) a public hearing before the Planriing and Zoning Commission, and (b) a public hearing before the City Council. I. Step One - Public Hearing before Planning and Zoning Commission. a. Purpose: To determine if application meets standards for amendment to code text or official zone district map. b. Notice requirements: Publication, Mailing, and Posting. (See Section 26.304.060(E)(3)(a)(b)(c)). 2. Step Two - Public Hearing before City Council. a. Purpose: To determine if application meets standards for amendment to code text or official zone district map. b. Notice requirements: None, except Publication, Mailing, and Posting (See Section 26.304.060(E)(3)(a)(b)(c) in addition to the ^ f") requisite notice requirements for adoption of an ordinance by City Council. 26.314.040(B) Variances: Standards applicable to variances. In order to authorize a variance from the permitted uses of Title 26, the appropriate decision making body shall make a finding that all of the following Circumstances exist: 1. Notice by publication, mailing and posting of the proposed variance has been provided to surrounding property owners in accordance with Section 26.3 04. 060(E)(3) ( a) (b) (c). 26.314.050(C) Variances: Procedure for variance approval. Steps Required. One step is required to review an application for a variance: A public hearing before the appropriate decision making body. Notice requirements: Publication, Mailing and posting (See Section 26.3 04. 060(E)(3) ( a) (b) (c)). 26.316.030(D) Appeals: Appeal Procedures. Notice requirements. Notice of the appeal shall be provided by posting, mailing to the appellant and by publication to all other affected parties. (See Section 26.304.060(E)). 26.425.050(C) Conditional Use: Procedure for review. Notice requirements: Publication, mailing and posting (See Section 26.304.060(E)(3)(a)(b) & (c)). 26.430.050(C) Special Review: Procedure for special review approval. Notice Requirements: Neoo Publication, mailing, and posting (See Section 26.304.060(E)(3)(a)(b)(c)). 26.435.070(C) Environmentally Sensitive Area: Procedure for approval of development in ESA. Notice Requirements: Neoo.- Publication, mailing, and posting (See Section 26.304. 060(E) (3) (a) (b)(c). 26.440.040(C)(1)(b), 26.440.040(C)(2)(b), 26.440.040(C)(3)(b), &: 26.440.040(C)( 4)(b) SPA: Procedures for Review. Steps Required: Unless consolidated in accordance with subsection B above, four steps are required for the review and approval of an application for development within a Specially Planned Area (SPA): 1. Step One - Hearing before the Planning and Zoning Commission. b. Notice requirements: Neoo Publication, mailing, and posting (See Section 26.304.060(E)(3)(a)(b)(c). . 2. Step Two - Public Hearing before City Council r., n b. Notice requirements: Requisite notice requirements for adoption of a resolution by City Council and publication, posting and mailing. (See 26.304.060(E)(3)(a),(b), and (c). 3. Step Three - Public Hearing before the Planning and Zoning Commission. b. Notice requirements: Publication, posting and mailing. (See 26.304.060(E)(3)(a),(b), and (c).) 4. Step Four - Public Hearing before the City Council. b. Notice requirements: Requisite notice requirements for adoption of an ordinance by City Council and publication, posting and mailing. (See 26.304.060(E)(3)(a),(b), and (c)) 26.445.030(C) PUD: Procedures for Review. Steps Required: There are four steps required for the review of a PUD development plan. Consolidated and Minor PUD reviews require only steps three and four. Step One - Conceptual Review before Planning and Zoning Commission. Notice requirements: Nen& Publication, mailing, and posting(See Section 26.304. 060(E)(3) (a)(b)(c).) Step Two - Conceptual Review before City Council -- Public Hearing. Notice requirements: Requisite notice requirements for adoption of a resolution by City Council and publication, posting, and mailing. (See 26.304.060(E)(3)(a),(b), and (c).) Step Three - Final Review before the Planning and Zoning Commission - Notice requirements: Publication, posting, and mailing. (See 26.304.060(E)(3) (a),(b), and (c).) Step Four - Final Review before the City Council -- Public Hearing. Notice requirements: Requisite notice requirements for adoption of an ordinance by City Council and publication, posting, and mailing. (See 26.304.060(E)(3)(a),(b), and (c).) 26.450.060 Temporary Use: Procedure for temporary use approval. The hearing before City Council shall be preceded by timely notice (publication, Ilosting and mailing) as specified in Section 26.304.060(E)(3)(a)(b) and (c), and all hearings shall be conducted in accordance with the procedures set forth in Section 26.304.060(C) of this Title. 26.480.040(C)(1)(b) & 26.480.040(C)(2)(b) Subdivision: Procedures for review. Subdivisions Step One - Public Hearing before Planning and Zoning Commission b. Notice requirements: Publication, posting and mailing. (See 26.52. 060(E)(3) ( a) (b) (c)). ,^, f1 Step Two - Public Hearing before City Council. b. Notice requirements: Non€l, €lXC€lF't Publication, mailing, and posting in addition to the requisite notice requirements for adoption of an ordinance by City Council. 26.500.050(A) COWOP: Procedure. Community Development Director The Community Development Director shall provide notice to the public, including publication, posting and mailing, in accordance with Section 26.304.060(E)(3)(a)(b)(c).). 26.500.050(E) COWOP: Procedure. City Council Adoption of Ordinance City Council upon receipt of the report an proposed ordinance from the Community Development Director shall approve, approve with conditions, or disapprove an ordinance granting a development order for the proposed development. The review shall be a public hearing for which notice has been published, posted, and mailed, pursuant to Section 26.30.060(E)(3)(a)(b)(c).) 26.520.080(D) Accessory Dwelling Units: Procedure Special Review The Special Review shall be considered at a public hearing for which notice has been published, posted and mailed, pursuant to Section 26.304.060(E)(3)(a, b, and c). ~ s ~ 5' Q" ~ ~ di!' _"'0 ~"'O :'0 ~.."O ~"U _""0 0 ~ ~""C () C) ."~.?:. ~ ~. () '~."~ .~ () ~ €r5<.s:. _s:. ci' ."'0 ~ ~ ."'0 Q s:.s::S:tn s:s::s:Q, s:0S:S::O"'-oc.a.<;J, 0.0.<\1':::J:::J "U"'\J(J) s:o"o-s;:.... - - ""-0 -- ,""tI --0 "'0 _-0 -=" .lJ <;"> ."0 ~ 0 () -a ."0, Z 0 "U ."U Z ro ro 0 C -- - . . _ ro "'0"" ~~ ~~ ga0~~~0~~~ n~"'\J -oi 0-0 "'\J.S:: -u "U.""O"'U "U."'\J1J (; "0 <=~;;: ~;;: p. ~ --0'"-0 ~'"-o 1""\ ~ 0b;"I;;:;;::;(fl() <:,-::J "U~. 5' C6 ~ ~ 6,C.;lJOO::l(}< 3 CD ..., ..., - iii' 0 Ill-IIo- ;::-...,o"'\J -<;0"'0 ""iil()"O (1) r-~ 00< o 0 CD _. .......::J }!:1. CD C/) . (Q :E "0 ~::>' = ~ 0))> .... ~Og: 0 <\o_=, C ""1-- \' (flm <= X 0-(1) ~3 <"0 ~: C;; 0<= ::> 0- 0. 't 1);' 0' ::> en r- G) -{ O"Us:CD Q m 3 -. X 0-0 ::s ro en 0 (Q3mm "Ox-=2 ~CD 03 c ::> "0 '" i (1) Ql~ :::& ~ t1' \ I ~ L~." <... " <.. <- ~ ~ \.~ <. <:.. <:. I~ n "0 C o '" ~ -\, (~\ (flm(fl())>OOJCLrn)>('f "UC/)"C 0 "CI;:o 0 b~'"'O OJ )> )> CD ::J"O )> )> ~~ro"O (Il (JJ- Q. ~ m n' ::I ~ (!) D.l~_ < UI_-l ig(J)~~.3~'a~ ~.~ gj~r~;Q,1{(1) ~ (JJ (") ro < a. <: ro CD ro ro '" - m2. 0.(1) . ~~ <0 (1) ::T- -!!i. CIl 0' ::> ! \. J it.. ~ I ' ;;: 111 ! .' , t'l .11 ~ .<l.: \,\<'t..< R, ~ . I i~'"\\,: Ii ,\:1' i " ~ \j\ (fl ::T o <= is: -;~ \f\.....~ 0- (1) L..' '< / III ,,;t~. ~L.--<-~- 11\(" V, ~ t S. w. iF Q; 5' <0 ~~~~~~~~~~~~~~~~~~~<<~<<<<~<<~<<() ro ro m m m m ro ro m m ro m m m ro ro m ro ro ro m ro ro ro m m ro m ro ro m c (J) (J) (J) tn CIl (J) tn (J) (J) t/l tn (JJ (J) (J) (J) ~ CIl tn CIl (J) (J) (J) (J) tn (J) (J) (J) (J) (J) (J) (J) ~ ~ III I (1) Q; 5' <0 '~ \ ~.~ +> . C) '\9~ \\- -/ di i!""'l ~ 26.308.010(B)(1) Exemptionfrom expiration of Vested Rights. The City Council may by resolution at a public hearing noticed by publication (See Section 26.304.060(E)(3)(a)) approve an exemption of the expiration ofvested rights in accordance with this Section. 26.308.010(C) Extension or Reinstatement of Vested Rights. The City Council may by resolution at a public hearing noticed by publication (See Section 26.304.060(E)(3)(a)) approve an extension or reinstatement of expired vested rights or a revoked development order in accordance with this Section. 26.308.010(E) Revocation. The City Council may by resolution at a public hearing noticed by publication and mailing to the applicant (See Section 26.304.060(E)(3)) revoke a development order and associated vested rights upon a finding that: 1. The terms and conditions of the development order have not been met; or 2. The development order is void within the meaning of Section 26.104.050. 26.310.020(B)(1) Amendments to the Land Use Code and Official Zone District Map: Procedure for amendment. Steps Required: Unless initiated by the City Council in accordance with subsection C below, two steps are required: (a) a public hearing before the Planning and Zoning Commission, and (b) a public hearing before the City Council. 1. Step One - Public Hearing before Planning and Zoning Commission. a. Purpose: To determine if application meets standards for amendment to code text or official zone district map. '-.--/ b. Notice requirements: Publication. (See 26.304.060(E)(3)(a)). 2. Step Two - Public Hearing before City Council. a. Purpose: To determine if application meets standards for amendment to code text or official zone district map. b. Notice requirements: None, except requisite notice requirements for adoption of an ordinance by City Council. 26.314.040(B) Variances: Standards applicable to variances. In order to authorize a variance from the permitted uses of Title 26, the appropriate decision making body shall make a finding that all of the following circumstances exist: /--.~=-- r'\ r'\ 1. Notice by mailing and posting of the proposed variance has been provided to surrounding property owners in accordance with Section 26.304.060(E). 26.314.050(C) Variances: Procedure for variance approval. Steps Required One step is required to review an application for a variance: A public hearing before the appropriate decision making body. Notice requirements: Mailing and posting (See Section 26.304.060(E)). 26.316.030(D) Appeals: Appeal Procedures. Notice requirements. Notice of the appeal shall be provided by mailing to the appellant and by publication to all other affected parties. (See Section 26.304.060(E)). 26.425.050(C) Conditional Use: Procedure for review. Notice requirements: Mailing and posting (See Section 26.304.060(E)(3)(b) & (c)). 26.430.050(C) Special Review: Procedure for special review approval. Notice Requirements: None. 26.435.070(C) Environmentally Sensitive Area: Procedure for approval of development in ESA. Notice Requirements: None. 26.440.040(C)(1)(b), 26.440.040(C)(2)(b), 26.440.040(C)(3)(b), & 26.440.040(C)(4)(b) SPA: Procedures for Review. Steps Required: Unless consolidated in accordance with subsection B above, four steps are required for the review and approval of an application for development within a Specially Planned Area (SPA): 1. Step One - Hearing before the Planning and Zoning Commission. b. Notice requirements: None 2. Step Two - Public Hearing before City Council b. Notice requirements: Requisite notice requirements for adoption of a resolution by City Council and publication, posting and mailing. (See 26.304.060(E)(3)(a),(b), and (c). 3. Step Three - Public Hearing before the Planning and Zoning Commission. b. Notice requirements: Publication, posting and mailing. (See 26.304.060(E)(3)(a),(b), and (c).) 4. Step Four - Public Hearing before the City Council. b. Notice requirements: Requisite notice requirements for adoption of an ordinance by City Council and publication, posting and mailing. (See 26.304.060(E)(3)(a),(b), and (c).) ,-." tJ 26.445.030(C) PUD: Proceduresfor Review. Steps Required: There are four steps required for the review of a PUD development plan. Consolidated and Minor PUD reviews require only steps three and four. Step One - Conceptual Review before Planning and Zoning Commission. I Notice requirements: I None. Step Two - Conceptual Review before City Council -- Public Hearing. Notice requirements: Requisite notice requirements for adoption of a resolution by City Council and publication, posting, and mailing. (See 26.304.060(E)(3)(a),(b), and (c).) Step Three - Final Review before the Planning and Zoning Commission _ Notice requirements: Publication, posting, and mailing. (See 26.304.060(E)(3) (a),(b), and (c).) Step Four - Final Review before the City Council -- Public Hearing. Notice requirements: Requisite notice requirements for adoption of an ordinance by City Council and publication, posting, and mailing. (See 26.304.060(E)(3)(a),(b), and (c).) 26.450.060 Temporary Use: Procedure for temporary use approval. The hearing before City Council shall be preceded by timely notice (posting and mailing) as specified in Section 26.304.060(E)(3)(b) and (c), and all hearings shall be conducted in accordance with the procedures set forth in Section 26.304.060(C) of this Title. 26.470. 060(F) (1) GMQS: Annual Development Allotment - Commercial and Office. Unallocated surplus allotments. If following the award of development allotments there shall remain unallocated development allotments, the City Council, following a public hearing for which notice has been given pursuant to Section 26.304.060(E)(3)(a), shall by resolution either carry over the unallocated allotments to the next year, or eliminate the unallocated allotments. In making its decision, the City Council shall consider the following: 26.470.080(B)(3)(b) GMQS: Development allotment and application procedures. Growth Management Commission Review. After the Community Development Director has determined that the application for exemption is complete, the application shall be forwarded to the Growth Management Commission for review and consideration at a public hearing. Notice of the hearing shall be by publication (See Section 26.304.060(E)). 26.470.080(B)(3)(c) GMQS: Development allotment and application procedures. Planning and Zoning Commission Review. Applications for lodge, affordable housing, or accessory commercial square footage development within the Lodge Preservation (LP) Overlay Zone District shall be forwarded to the Planning and Zoning Commission for review and consideration at a public hearing after the Community Development Director has determined that the application for exemption is complete and has made a r""1 f'\ recommendation for approval, approval with conditions, or disapproval. Notice of the hearing shall be by publication, posting, and mailing (See Section 26.304.060(E)). 26.470.080(B)(3)(d) GMQS: Development allotment and application procedures. City Council Review Step One - After the Community Development Director has determined that the application for exemption is complete, the application shall be forwarded to the Board/Commission specified above (in the preceding paragraph). Review by the Housing Authority shall be administered by the Executive Director ofthe Authority and shall be referred to the Executive Board as necessary. Review by the Growth Management Commission requires a public hearing for which notice has been published (See Section 26.304.060(E)). Step two - A public hearing before City Council. Notice of the hearing shall be by publication (See Section 26.304.060(E)). 26.470.080(C)(3(I)(a)) GMQS:Development allotment and application procedures. Procedures for review. An application for non-exempt development requires a two step process: Review by the Growth Management Commission and final review by the City Council. Step One - Notice of the hearing shall be by publication, posting and mailing (See Section 26.304.060(E)). Step two - A public hearing before City Council. Notice of the hearing shall be by publication, posting and mailing. (See Section 26.304.060(E)). The City Council, following a public hearing, shall by ordinance allocate GMQS allotments among eligible applicants. 26.470.110(C)(1) & 26.470.110(C)(2) GMQS: Amendment of development order. Procedure for review. An application to amend a resolution or ordinance approving a development allocation requires a two step process: review by the Growth Management Commission and final review by the City Council Step One - A public hearing before the Growth Management Commission. After the Community Development Director has determined that the application is complete, the application shall be forwarded to the Growth Management Commission for review and the Commission shall (a) accept the recommendations of the Community Development Director for re-scoring; (b) re-score the application itself; (c) consider whether any conditions shall apply, or if any proposed activities are prohibited; and, (d) forward its recommendations to the City Council. Notice of the hearing shall be by publication, posting and mailing (See Section 26.304.060(E)). Step two - A public hearing before City Council. Notice of the hearing shall be by publication, posting, and mailing. (See Section 26.304.060(E)). The City Council, If""'\ ~ following a public hearing, shall (a) consider any challenges by the applicant; and, (b) either affirm the allotment to the proposed development, with any conditions that may apply, or deny the requested amendment, in which case the original allotment shall stand. 26.480.040(B}(2) Subdivision: Procedures for review. Exempt subdivisions. Notice requirements: None except for an application for a lot split which shall require publication, mailing and posting (See 26.304.060(E)(3)(a),(b) and (c).) 26.480.040(C}(l)(b) & 26.480.040(C)(2}(b) Subdivision: Procedures for review. Subdivisions Step One - Public Hearing before Planning and Zoning Commission b. Notice requirements: Publication, posting and mailing. (See 26.52.060(E)). Step Two - Public Hearing before City Council. b. Notice requirements: None, except requisite notice requirements for adoption of an ordinance by City Council. 26. 500. 050(A) COWOP: Procedure. Community Development Director The Community Development Director shall provide notice to the public, including publication, posting and mailing, in accordance with Section 26.304.060(E). 26.520.080(D) Accessory Dwelling Units: Procedure Special Review The Special Review shall be considered at a public hearing for which notice has been posted and mailed, pursuant to Section 26.304.060(E)(3)(b and c). 26.575.130(C) Wireless Telecommunication Services Facilities and Equipment: Procedure. All appeals shall require public hearings, and shall be noticed by the applicant in accordance with Section 26.304.060(E)(3)(a), (b), and (c) of the Municipal Code.