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HomeMy WebLinkAboutordinance.council.022-95 -- ~... .... I 1\. ORDINANCE 22 Series 1995 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN AMENDING THE ASPEN MUNICIPAL CODE TO WIT, CHAPTERS: 24-3-101 Definitions: Building Envelope, Satellite Dish Antenna, Fence, site specific Development Plan 24-5-20I, 24-5-202, 24-5-203, 24-5-205, 24-5-206, 24-5-206.1, 24-5-206.2, 24-5-207, 24-5-208, 24-5-209, 24-5-210, 24-5-211, 24-5-212, 24-5-213, 24-5-214, 24-5-215, 24-5-216, 24-5-217, 24-5-218, 24-5-219, 24-5-220 Individual Zone Districts, Conditional Uses 24-5-506 Domestic Animals 24-5-511 Supplemental RegUlations: Landscape Maintenance 24-5-512 Supplemental RegUlations: Satellite Dish Antennas 24-5-702 Calculation of Affordable Housing Impact Fee 24-7-503 8040 Greenline Review 24-7-504 Stream Margin Review 24-7-804 Specially Planned Area Insubstantial Amendments 24-7-907 Planned Unit Development Insubstantial Amendments 24-7-1001 Subdivision: Purpose 24-7-1003 Subdivision Exemptions: Lot Splits and Lot Line Adjustments 24-7-1004 Subdivision Review Standards 24-7-1005 Subdivision Agreement: Condominium Plat Recordation 24-7-1006 Amendment to Subdivision Development Order WHEREAS, Section 24-7-1103 of the Municipal Code provides that amendments to Chapter 24 of the Code, to wit, "Land Use Regulations", shall be reviewed and recommended for approval by the Community Development Director and then by the Planning and Zoning commission at public hearing, and then approved, approved with conditions, or disapproved by the city Council at public hearing; and WHEREAS, the Community Development Department has determined 1 tit ~.' 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'I ffi (if '_ that certain sections of the land use regulations which are in need of updating for current situations, are unclear, or in need of refinement in order to codify Planning Office policies which have been effected over time; and WHEREAS, the Planning and Zoning commission reviewed the proposed amendments and did conduct a public hearings thereon on February 21, March 21, and April 4, 1995; and WHEREAS, upon review and consideration of the text amendments, agency and public comment thereon, and those applicable standards as contained in Chapter 24 of the Municipal Code, to wit, Division 11 of Article 7 (Text Amendments), the Planning and Zoning commission has recommended approval of the text amendments recommended by the Community Development Director pursuant to procedure as authorized by section 24-6-205 (A) (5) of the Municipal Code; and WHEREAS, the Aspen city Council has reviewed and considered the text amendments under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations and approvals as granted by the Planning and Zoning Commission, and has taken and considered public comment at public hearing; and WHEREAS, the city Council finds that the text amendments meet or exceed all applicable development standards and 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 public health, safety, and welfare; and WHEREAS, the city Council finds that the proposed text amendment will allow and promote compatibility of zone districts and land uses with existing land uses and neighborhood characteristics and will be consistent with the public welfare and the purposes and intent of the Municipal Code. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO: Section 1: Pursuant to Section 24-7-1102 of the Municipal Code, the city Council finds as follows in regard to the text amendments: 1. The proposed text amendments as set forth in the Plan are not in conflict with the provisions of Chapter 24 of the Municipal Code or the Aspen Area Community Plan. The proposed text amendments will promote the public interest and character of the City of Aspen. 2. 2 w8 '\%\ \!~.... '- ,\'j ..... ~. 'tz", 0.' lIT . " '0;;" - ~ section 2: section 3-101 of Chapter 24 of the Aspen Municipal Code a new definition for "building envelope" is hereby added, which new text shall read as follows: Building envelope is that area on a lot which encompasses all development including but not limited to excavation, fill, grading, storage, demolition, structures, building heights, decks, roof overhangs, porches, patios and terraces, pools, any areas of disturbance, access ways and parking. Approved plantings of landscape materials on natural grade and approved walkways and driveways may occur outside of a building envelope. Otherwise, all areas outside of a building envelope shall remain in pristine and untouched condition unless approved by the Community Development Director. For purposes of site specific development plans, building envelopes may be established to restrict development to protect slopes, important vegetation, water courses, privacy or other considerations. Building envelopes shall be described on recorded plats, site specific development plans, ordinances, resolutions, and building permit site plans. section 3: Section 3-101 of Chapter 24 of the Aspen Municipal Code definition of "fence" is hereby amended, which new text shall read as follows: Fence means a structure, including berms, which serves as a barrier intended to prevent escape or intrusion, to mark a boundary, to shield or screen view, or to serve any similar purpose. Fences shall be permitted in every zone district provided that no fence shall exceed six (6) feet above natural grade. Fences visible from the public right-Of-way shall be constructed of wood, stone, wrought iron or masonry. On corner lots, no fence, retaining wall, or similar object shall be erected or maintained which obstructs the traffic vision, nor on corner lots shall any fence, retaining wall, or similar obstruction be erected or maintained which exceeds a height of forty-two (42) inches, measured from street grade, within 30 feet from the paved or unpaved roadway. Plans showing proposed construction, material, location and height shall be presented to the building inspector before a building permit for a fence is issued. Additionally, foliage shall be placed and maintained so that it will not obstruct vehicular visibility at intersections. Section 4: Section 3-101 of Chapter 24 of the Aspen Municipal COde definition of "satellite dish antenna" is hereby amended, which new text shall read as follows: satellite dish antenna or satellite radio frequency signal 3 "8'.. ,:I,~ \'+' ~"" ~.' ., ~ . reception and/or transmission device means a dish-shaped or parabolic-shaped reception or transmission device, is used for the reception and/or transmission of satellite signals, including but not limited to television signals, AM radio signals, FM radio signals, telemetry signals, data communication signals, or any other reception or transmission signals using free air space as a medium, whether for commercial or private use, provided: A. Area and bulk requirements. The installation of a satellite dish antenna shall not cause a violation of area and bulk requirements within the zone district in which it is located, unless a variance is granted by the board of adjustment. B. Right-Of-way. A satellite dish antenna shall not be placed on an easement or in the city right-of-way, unless an encroachment permit is secured. C. Increased danger. The installation of a satellite dish antenna shall not cause any increased danger to neighboring property in the event of collapse or other failure of the antenna structure. D. Visual impact. The visibility of the dish from the public way shall be reduced to the highest degree practical including, but not limited to, sensitive choice in placement of the dish, screening with fencing, landscaping, subgrade placement, or any other effective means that both screen the dish and does not appear to be unnatural on the site. Section 5: Section 3-101 of Chapter 24 of the Aspen Municipal Code definition of "site specific development plan" is hereby amended, which new text shall read as follows: site specific development plan means a plan which has been submitted to the Community Development Department by a landowner or his representative describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property. Such plan may be in the form of, but need not be limited to, a planned unit development (PUD) , subdivision, specially planned area (SPA), growth management exemption, environmentally sensitive area review, conditional use, special review, or historic landmark review. A variance shall not constitute a site specific development plan. site specific development plan shall not mean or include any conceptual or preliminary plan as defined in this chapter. Section 6: The following Sections of Chapter 24 of the Aspen Municipal Code "Conditional Uses" are hereby amended to delete "satellite dish antennae": 4 ~e" \{:t "" .~, .. ''< (- 24-5-201.C.7., 24-5-202.C.7., 24-5-203.C.7., 24-5-205.C.7., 24-5-206.C.7., 24-5-206.1.C.6., 24-5-206.2.C.3., 24-5-207.C.5., 24-5-208.C.ll., 24-5-209.C.7., 24-5-210.C.4., 24-5-211.C.8., 24-5-212.C.I0., 24-5-213.C.6., 24-5-214.C.3., 24-5-215.C.2., 24-5-216.C.3., 24-5-217.C.7., 24-5-218.C.4., 24-5-219.C.5., 24-5-220.C.3. section 7: The following section of Chapter 24 of the Aspen Municipal Code is hereby deleted: section 5-506. Domestic Animals section 8: section 5-511 of Chapter 24 of the Aspen Municipal Code is hereby added, which new text shall read as follows: section 5-511. Landscape Maintenance A. Landscaping shown on any approved site development plan shall be maintained in a healthy manner for a minimum three (3) year period. In the event that plant material dies, the owner of the property shall replace the plant material with similar quality within 45 days of notification by the Zoning Enforcement Officer. If seasonal or cultural constraints do not allow planting of the approved plant material within 45 days the owner may in writing seek permission from the Community Development Director to: 1) Provide financial assurances equal to 120% of the amount of the replacement landscaping and installation costs as approved by the Parks Department, and in a form satisfactory to the city Attorney. The completion of the landscape replacement shall be accomplished no late than June 15 of the next planting season, otherwise the financial assurances shall be forfeited to the city. 2) Submit for approval a revised landscape plan. Failure to comply with the replanting requirement will constitute a violation of this section and may result in complaint(s) being filed in Municipal Court section 9: section 5-512 of Chapter 24 of the Aspen Municipal Code is hereby added, which new text shall read as follows: section 5-512. Satellite Dish Antennas Satellite dish antennas twenty-four (24) inches in diameter or less must receive building permits, if required, prior to installation. Prior to the issuance of appropriate building permits, satellite dish antennas twenty-five (25) inches or greater in diameter shall be reviewed and approved 5 ~ \~. e'l' '\'. '\\.~ (It by the community Development Director in conformance with the criteria within Sections 7-304 (B) and (C). The Community Development Director may apply reasonable conditions to the approval deemed necessary to insure conformance with said review criteria. If the Community Development Director determines that the proposed satellite dish antennas does not comply with the review criteria and denies the application, or the applicant does not agree to the conditions of approval determined by the Community Development Director, the applicant may apply for conditional use review by the Planning and Zoning commission. Procedures established in Article 6 Common Development Review Procedures shall apply to all satellite dish antennas. section 10: section 5-702 of Chapter 24 of the Aspen Municipal Code is hereby amended, which new text shall read as follows: section 24-5-702 Calculation of affordable housing impact fee. The amount of the affordable housing impact fee is based on the public cost to provide affordable housing as a result of the activity for which the fee is required. The formula shall utilize the cash-in-lieu payment established from time to time by the Aspen/Pitkin County Housing Office for moderate income employees and the square footage of new floor area constructed as a result of the demolition of a single family or duplex dwelling unit or the construction of a new single family or duplex dwelling unit on a previously vacant lot (the floor area of a demolished dwelling shall be subtracted from the floor area of the replacement dwelling unit), or the remodel or expansion of an existing single family residence into a duplex dwelling. The formula assumes that for every three thousand (3,000) square feet of new single family or duplex floor area that the public will be required to provide housing for one moderate income employee. The formula to be applied shall be as follows: (average of cash-in-lieu amount for Category 2 and 3) - (3,000) X (net increase in FAR of new structure) = cash-in-lieu payment for replacement structure section 11: section 7-503.C.l1. of Chapter 24 of the Aspen Municipal Code "8040 Greenline" is hereby amended, which new text shall read as follows: section 24-7-503.C. 11) Any trail on the parcel designated on the Aspen Area Community Plan: Parks/Recreation/Open Space/Trails Plan map is dedicated for public use. Provide access to natural 6 I~e '", 'i<_ ~ ,., e, ~, ~. ...- resources and areas of special interest to the community. section 12: section 7-504 of Chapter 24 of the Aspen Municipal Code "Stream Margin Review" is hereby amended, which new text shall read as follows: section 24-7-504. stream Margin No development shall be permitted within the floodway, with the exception of bridges or structures for irrigation, drainage, flood control or water diversion, which may be permi tted by the ci ty Engineer, provided plans and specifications are submitted to demonstrate that the structure is engineered to prevent blockage of drainage channels during peak flows and the Commission determines the proposed structure complies, to the extent practical, with all the standards set forth below. No development shall be permitted within one hundred feet (100'), measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, or within the Special Flood Hazard Area where it extends beyond one hundred feet (100') from the high water line of the Roaring Fork River and its tributary streams, unless the Commission makes a determination that the proposed development complies with all the standards set forth below: 1. It can be demonstrated that any proposed develop- ment which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the state of Colorado which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off-site which compensate for any base flood elevation increase caused by the development; and 2. Any trail on the parcel designated on the Aspen Area Community Plan, Parks/Recreation/Open Space/Trails Plan map, or areas of historic public use or access are dedicated via a recorded easement for public use. Dedications are necessitated by development's increased impacts to the city's recreation and trail facilities including public fishing access; and 3. The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable; and 7 ~_i ~~:" ''1( " 4. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be barricaded prior to issuance of any demolition, excavation or building permits. The barricades shall remain in place until the issuance of Certificates of Occupancy; and 5. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on- site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated building envelope; and Iii., ~% 'Z\ ~" '\tI' 6. Written notice is given to Conservation Board prlor to relocation of a water course, notice is submitted to the Management Agency; and the Colorado Water any alteration or and a copy of said Federal Emergency 7. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminiShed; and 8. Copies are provided of all necessary federal state permits relating to work within the hundred (100) year floodplain; and and one 9. There is no development other than approved native vegetation planting taking place below the top of slope or within 15' of the top of slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing riparian vegetation and bank stability. If any development is essential within this area, it may only be approved by special review pursuant to section 7- 404 D. of this Article 7 (refer to Figure "A" below for illustrative purposes) ; and 10. All development outside the 15' setback from the top of slope does not exceed a height delineated by a line drawn at a 45 degree angle from ground level at the top of slope. Height shall be measured and determined by the Zoning Officer utilizing that definition set forth at section 3-101 of this 8 &e I~~I", , \i;\ "'-' '8,' \)\ ""< Chapter 24 (refer to Figure illustrative purposes); and "An below for 11. A landscape plan is submitted with all development applications. Such plan shall limit new plantings (including trees, shrubs, flowers, and grasses) outside of the designated building envelope on the river side to native riparian vegetation; and 12. All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope; and 13. site sections drawn by a registered architect, landscape architect, or engineer are be submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level; and 14. There has been accurate identification of wetlands and riparian zones. Figure "A" / , 11i:: I,' 10:::: I ~IIII\IIIII 1I11111111111 I, II I I111 I1I1 I11I1I111 1 1I1I11111111 I 1111II1111I1 I lit 111111[111111 I I III II I1I11111111111111 1I111111111111111 river Development Allowed within Progressive Height Limit 15' Setback NO DEVELOPMENT section 13: section 7-804.E.1. of Chapter 24 of the Aspen Municipal Code "Specially Planned Area Insubstantial Amendment" is hereby amended, which new text shall read as follows: 7-804 E.l. SPA Insubstantial Amendments An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 9 .... '11' ~.. ~. 1\,,< f.. 'II' a) A change in the use or character of the development. b) An increase by greater than three (3) percent in the overall coverage of structures on the land. c) Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. d) A reduction by greater than three (3) percent of the approved open space. e) A reduction by greater than one (1) percent of the off- street parking and loading space. f) A reduction in required pavement widths or right-of-way for streets and easements. g) greater than two (2) leasable floor area percent in the of commercial An increase of approved gross buildings. h) An increase by greater than one (1) percent in the approved residential density of the development. i) Any change which is inconsistent with a condition or representation of the proj ect' s original approval or which requires granting of a further variation from the project's approved use or dimensional requirements. section 14: section 7-907.A. of Chapter 24 of the Aspen Municipal Code "Planned unit Development Insubstantial Amendment" is hereby amended, which new text shall read as follows: section 24-7-907.A. PUD Insubstantial Amendments An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: a) A change in the use or character of the development. b) An increase by greater than three (3) percent in the overall coverage of structures on the land. c) Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. d) A reduction by greater than three (3) percent of the 10 ~_:, \% '(\_- .' W' '\\<- e approved open space. e) A reduction by greater than one (1) percent of the off- street parking and loading space. f) A reduction in required pavement widths or right-of-way for streets and easements. g) An increase of approved gross buildings. greater than two (2) percent in the leasable floor area of commercial h) An increase by greater than one (1) percent in the approved residential density of the development. i) Any change which is inconsistent with a condition or representation of, the project's original approval or which requires granting of a further variation from the project's approved use or dimensional requirements. section 15: section 7-1001 of Chapter 24 of the Aspen Municipal Code, "Subdivision, Purpose" is hereby amended by adding a new section "h", which new text shall read as follows: section 7-1001. Purpose. The purpose of this division is to : A. Assist in the orderly and efficient development of the City; B. Ensure the proper distribution of development; c. Encourage the well-planned subdivision of land by establishing standards for the design of a subdivision; D. Improve land records and survey monuments by establishing standards for surveys and plats; E. Coordinate the construction of public facilities with the need for public facilities; F. Safeguard the interests of the public and the subdivider and provide consumer protection for the purchaser; G. Acquire and ensure the maintenance of public open spaces and parks; and H. Provide procedures so that development encourages the preservation of important and unique natural or scenic features, including but not limited to mature trees or indigenous vegetation, bluffs, hillsides or similar geologic 11 '." -~.. #1- fiJi", '0,;,<. . features, or edges of rivers and other bodies of water; and I. Promote the health, safety and general welfare of the residents of the City of Aspen. Section 16: Sections 7-1003.A.2.b. and d. of Chapter 24 of the Aspen Municipal Code "Lot Split" are hereby amended, and new Sections 7-1003.A.2.e., 7-1003.A.2.f. and 7-1003.A.2.g. are added, which new text shall read as follows: Section 7-1003 Exemptions (A) (2) Lot Split. a. The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the city Council, or the land is described as a metes and bounds parcel which has not been subdivided after adoption of subdivision regulations by the City of Aspen on March 24, 1969; and b. No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 8-104 (A) (1) (c) . c. The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this article or a "lot split" exemption pursuant to section 8-104(C) (1) (a); and d. A subdivision plat which meets the terms of this division, and conforms to the requirements of this chapter, is submitted and recorded in the office of the Pitkin County clerk and recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this article and growth management allocation pursuant to Article 8. e. Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred and eighty (180) days following approval by the city Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. f. In the case where an existing single family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. 12 1"','"-',, \1\' "~ ." ~\ , \\ '\~, ~, ~\.. g. Maximum potential buildout for the two parcels created by a lot split shall not exceed three units, which may be composed of a duplex and a single family home. Section 17: Section 7 -1 0 0 3 . A. 1. d. of Chapter 24 of the Aspen Municipal Code, review criteria for "Lot Line Adjustment" is hereby amended, which new text shall read as follows: d. "The corrected plat will meet the standards of this division, and conforms to the requirements of this chapter, including the dimensional requirements of the zone district in which the lots are located, except in cases of an existing non-conforming lot, in which the adjustment shall not increase the nonconformity of the lot. The plat shall be submitted and recorded in the office of the Pitkin County clerk and recorder. Failure to record the plat within a period of one hundred and eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by the Planning Director will be required before its acceptance and recording; and Section 18: Section 7-1004.C.4. of Chapter 24 of the Aspen Municipal Code "Subdivision Design Standards" is hereby amended to add a new section "h", which text shall read as follows: h. The design and location of any proposed structure, building envelope, road, driveway, trail or similar development is compatible with significant natural or scenic features of the site. Section 19: Section 7-1005.E. of Chapter 24 of the Aspen Municipal Code "Subdivision Agreement Recordation" is hereby amended, which new text shall read as follows: E. Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin county clerk and recorder. Failure on the part of the applicant to record the plat wi thin one hundred and eighty (180) days following approval by the city Council shall render the plat invalid and reconsideration of the plat by the commission and city council will be required by for a showing of good cause. Section 20: Section 7-1006.A. of Chapter 24 of the Aspen Municipal Code "Amendment to Subdivision Development Order" is hereby amended, which new text shall read as follows: A. Insubstantial amendment. An insubstantial amendment to an approved plat or between adjacent subdivision plats may be authorized by the Community Development Director. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual 13 '~_:':"'" y '.', ,-., ' ~- e" ' ~,l, , ~\ ',-\" development which could not reasonably be anticipated during the approval process, or any other minor change to a plat which the community Development Director finds has no effect on the conditions and representations limiting the approved plat. section 21: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. section 22: 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 23: The city Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulations within the City of Aspen no later than fourteen (14) days following final adoption hereof. section 24: That the city Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin county Clerk and Recorder. section 25: A public hearing on the Ordinance shall be held on the j~ day of ...-L~ 1995 at 5: 00 in the city council Chambers, Aspen city Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, 14 ~.:...'" \\t- \:ts. . I'.'....' -"" ~;::e~ty Council , 1995. of the City of Aspen on the ~~ ~ tg~ John Bennett, Mayor ~'.""'" _ . Jk?J) J-:/o (lj{ K~t~r~~4. Koch, city CI:'k FINALLY, adopted, passed and approved this 02~ , 1995. day of day of John Bt:t, ~~ Kathryi, city Clerk 15