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HomeMy WebLinkAboutresolution.apz.030-98RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE RECOMMENDATION OF APPROVAL OF AMENDMENTS TO CHAPTER 26 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, SECTION 26.20.030 POWERS AND DUTIES OF THE HISTORIC PRESERVATION COMMISSION, SECTION 26.52 COMMON DEVELOPMENT REVIEW PROCEDURES, AND SECTION 26.72 DEVELOPMENT IN AN "H," HISTORIC OVERLAY DISTRICT, OR INVOLVING THE INVENTORY OF HISTORIC SITES AND STRUCTURES Resolution 98-30 WItEREAS, The Community Developmem Department received from the Historic Preservation Commission a recommendation for an amendment to the land use regulations, regarding certain text amendments to Chapter 26 relating to Section 26.20.030 Powers and Duties of the Historic Preservation Commission, Section 26.52 Common Development Review Procedures, and Section 26.72 Development in an "H," Historic Overlay District, or involving the Inventory of Historic Sites and Structures; and WHEREAS, pursuant to Section 26.92.030 of the Municipal Code, amendments to Chapter 26 of the Code, to wit, "Land Use Regulations," shall be reviewed and recommended for approval by the Planning Director and then by the Planning and Zoning Commission at a public hearing, and then approved, approved with conditions, or disapproved by the City Council at a public hearing; and WHEREAS, the Community Development Department reviewed the proposal and recommended approval; and WHEREAS, the Planning and Zoning Commission reviewed the application at its regular meeting on October 6, 1998, at which the Commission approved the proposed text amendment. NOW, THEREFORE BE IT RESOLVED by the Commission: Section 1: That Section 26,20.030 Powers and Duties of the Historic Preservation Commission shall be amended to read as follows: 26.20.030 Powers and duties. The historic preservation commission (HPC) shall have the following powers and duties: A. Recommendation of approval or disapproval to the commission and the city council of the designation of H, Historic Overlay District or Historic Landmark, under Chapter 26.76; 40 B. Review and approval, approval with conditions, suspension or disapproval of development with the H, Historic Overlay District or development involving properties listed on the Inventory of Historic Sites and Structures, under Chapter 26.72; C. Review and approval, approval with conditions, suspension or disapproval of demolition, partial demolition, on-site, off-site, or temporary or relocation involving properties listed on the Inventory of Historic Sites and Structures, as periodically amended under Chapter 26.72; D. Periodic evaluation of the Inventory of Historic Sites and Structures, under Chapter 26.72; E. Recommendation of approval, approval with conditions, or disapproval to the board of adjustment on a request for variance in the H, Historic Overlay District or involving properties listed on the Inventory of Historic Sites and Structures, under Chapter 26.72; F. Recommendation of the city council of Historic District and Historic Landmark Development Guidelines, under Chapter 26.72; G. Recommendation to the commission to initiate amendments to this chapter; and H. To hear and approve, approve with conditions, or disapprove variations under Chapter 26.72. (Ord. No. 60,1989, § 1: Code 1971, § 4-403) Section 2: That Section 26.52 Common Development Review Procedures shall be amended to read as follows: Chapter 26.52 COMMON DEVELOPMENT REVIEW PROCEDURES Sections: 26.52.010 General. 26.52.020 Pre-application conference. 26.52.030 Application and fees. 26.52.040 Initiation of development application. 26.52.050 Determination of completeness and review by the planning director. 26.52.060 Review of a development application by decision-making bodies. 26.52.070 Certificate of compliance and building permit issuance. 26.52.080 Vested property rights. 26.52.010 General. Chapter 26.52 sets out the common procedures for review of all development applications. These common procedures apply to the following types of land development processes in the City of Aspen: Permitted uses (Chapter 26.56), conditional 41 uses (Chapter 26.60), development subject to special review (Chapter 26.64), development in environmentally sensitive areas (ESA) (Chapter 26.68), development or demolition in H, Historic Overlay Districts or of properties included on the Inventory of Historic Sites and Structures (Chapter 26.72), designation of H, Historic Overlay Districts or Historic Landmarks (Chapter 26.76), development in or designation of specially planned areas (SPA) (Chapter 26.80), planned unit developments (PUD) (Chapter 26.84), subdivision review (Chapter 26.88), review of amendments to the text of this chapter or the official zone district map (Chapter 26.92), and growth management quota system (GMQS) review (Chapter 26.100). Generally, for proposed development that is subject to these provisions, the process of d~velopment follows five (5) stages: (1) A pre-application conference between the applicant and the planning agency staff; (2) submission of the development application and fees by the applicant; (3) determination of completeness and review of the development application by the planning director; (4) review of the development application by the relevant decision-making body; and upon approval of the development application, (5) receipt of a building permit. These common development review prbcedures are organized consistently with this process. A chart depicting the common development review procedures can be found in Figure 6-101. By far, the most lengthy and important of these five (5) stages is the review of the development application by the relevant decision-making body or bodies. In instances where the proposed development is simple and its potential effect on substantive land use policy in the city relatively insignificant, the review procedure is expedited. Where the proposed development is more complex and has a significant effect on substantive land use policy, the review procedure is more complicated and lengthy. A chart focusing on the review of a development application by the relevant decision-making body or bodies is found in Figure 6-102. The development review procedures are also summarized in Table 6-101. The Provisions of General Applicability established in this chapter apply to all these development applications and include procedures for pre-application conference, application and fees, initiation of application, determination of completeness, review, hearing, decision-making, public notice, building permit issuance mad vested property rights. Unless otherwise stated, all development applications are subject to these common review procedures. However, development which is as of right is only subject to the building permit stage of review. All other substantive development review standards and special procedures requirements which vary from those general requirements are found in Chapters 26.56 through 26.96 or Chapter 26.100, where they are applicable. FIGURE 6-101: PROCESS OF DEVELOPMENT REVIEW Pre-application Conference Submission of Development Application Determination of Completeness of Development Application 42 Review of Development Application Receipt of Building Permit FIGURE 6-102: DEVELOPMENT APPLICATIONS REQUIRING NO STEPS: 1. PERMITTED USES: a. Reviewed by Planning Agency Staff. b. No public hearing required. 2. EXEMPT HISTORIC DEVELOPMENT: a. Reviewed by Planning Agency Staff. b. No public hearing required. 3. EXEMPT ESA DEVELOPMENT: a. Reviewed by Planning Agency Staff. b. No public hearing required. 4. EXEMPT GMQS DEVELOPMENT: a. Reviewed by Planning Agency Staff. b. No public hearing required. DEVELOPMENT APPLICATIONS REQUIRING ONE STEP: 1. CONDITIONAL USE: a. Reviewed by Planning and Zoning Commission. -- b. Public hearing required. 2. SPECIAL REVIEW: a. Reviewed by Planning mad Zoning Commission. b. No public hearing required. 3. ESA: a. Reviewed by Planning and Zoning Commission. 43 b. No public hearing required. 4. EXEMPT GMQS: a. Reviewed by Planning and Zoning Commission. b. No public hearing required. 5. SUBDIVISION EXEMPTIONS: a. Reviewed by City Council. b. No public hearing required except for lot splits. 6. MiNOR DEVELOPMENT OF A PROPERTY LISTED ON THE INVENTORY OF HISTORIC SITES AND STRUCTURES OR iN A HISTORIC DISTRICT: a. Reviewed by Historic Preservation Commission. b. No public hearing required. 7. DEMOLITION, PARTIAL DEMOLITION, OR RELOCATION OF A PROPERTY LISTED ON THE INVENTORY OF HISTORIC SITES AND STRUCTURES OR IN A HISTORIC DISTRICT: a. Reviewed by Historic Preservation Commission. b. Public hearing required for demolition and off-site relocation. DEVELOPMENT APPLICATIONS REQUIRING TWO STEPS: 1. GMQS: a. Reviewed by: (1) Planning and Zoning Commission (refer to note 1 below), and (2) City Council (refer to note 2 below). b. Public hearing required before Planning and Zoning Commission. c. May be consolidated with a conditional use application, a special review application, and/or an ESA application before the Planning and Zoning Commission and with subdivision exemption application before the City Council. 2. TEXT OR MAP AMENDMENT: a. Reviewed by: 44 (1) Planning and Zoning Commission (refer to note 1 below), and (2) City Council (refer to note 2 below). b. Public hearing required before both Planning and Zoning Commission and City Council. 3. GMQS EXEMPTIONS: a. Reviewed by: (1) Planning and Zoning Commission (refer to note 1 below), and (2) City Council (refer to note 2 below). b. No public hearing required. 4. SUBDIVISION REVIEW: a. Reviewed by: (1) Planning and Zoning Commission (refer to note 1 below), and (2) City Council (refer to note 2 below). b. Public hearing required before Planning and Zoning commission. 5. SIGNIFICANT DEVELOPMENT OF A PROPERTY LISTED ON THE INVENTORY OF HISTORIC SITES AND STRUCTURES OR IN HISTORIC DISTRICT: a. Reviewed by: (1) Historic Preservation Commission (for conceptual review), and (2) Historic Preservation Commission (for final review). b. Public hearing required for the conceptual review. DEVELOPMENT APPLICATIONS REQUIRING THREE STEPS I. DESIGNATION OF HISTORIC LANDMARK OR DISTRICT: a. Reviewed by: 45 (1) Historic Preservation Commission, and (2) Planning and Zoning Commission (refer to notes 1 and 3 below), and (3) City Council (refer to notes 2 and 3 below). b. Public hearing required for Historic Preservation Commission, Planning and Zoning Commission, and City Council. c. May be consolidated with a conditional use application, a special review application, an ESA application, and/or a GMQS exemption application before the Planning and Zoning Commission. May be consolidated with a GMQS exemption application and/or a subdivision exemption application before City Council. DEVELOPMENT APPLICATIONS REQUIRING FOUR STEPS: 1. SPA or PUD: a. Reviewed by: (1) Planning and Zoning Commission (for conceptual), and (2) City Council (for conceptual), and (3) Planning and Zoning Commission (for final) (refer to notes 1 and 3 below), and (4) City Council (for final) (refer to notes 2 and 3 below). b. Public hearing required for City Council (at conceptual) and Planning and Zoning Commission (for final). c. May be consolidated with GMQS application, GMQS exemption application, subdivision review application, text or map amendment application, conditional use application, special review application, and/or ESA application before Planning and Zoning Connnission (for final). May be consolidated with GMQS application, GMQS exemption application, subdivision review application, text or map amendment application, and/or subdivision exemption application before City Council (for final). DEVELOPMENT APPLICATIONS REQUIRING SIX STEPS: I. SIGNIFICANT DEVELOPMENT OF A PROPERTY LISTED O1'4 THE INVENTORY OF HISTORIC SITES AND STRUCTURES OR IN HISTORIC DISTRICT IN CONJUNCTION WITH SPA OR PUD: a. Reviewed by: 46 (1) Historic Preservation Commission (for conceptual), and (2) Planning and Zoning Commission (for conceptual PUD or SPA), and (3) City Council (for conceptual PUD or SPA), and (4) Historic Preservation Commission (for final), and (5) Planning and Zoning Commission (for final PUD or SPA) (refer to notes 1 and 3 below), and (6) City Council (for final PUD or SPA) (refer to notes 2 and 3 below). b. Public hearing required at Historic Preservation Commission (for conceptual), City Council (for conceptual PUD or SPA), and Planning and Zoning Commission (for final PUD or SPA). c. May be consolidated with GMQS application, GMQS exemption application, subdivision review application, text or map muendment application, conditional use application, special review application, and/or ESA application before Planning and Zoning Commission (for final PUD or SPA). May be consolidated with GMQS application, GMQS exemption application, subdivision review application, text or map amendment application, and/or subdivision exemption application before City Council (for final PUD or SPA). NOTES: 1. One step Commission applications can be reviewed concurrently with a two, three, four or six step application at the step identified in the process. 2. One step Council applications can be reviewed concurrently with a two, three, four or six step application at the step identified in the process. 3. Two step Commission/Council applications can be reviewed concurrently with a three, four or six step application at the step identified in the process. ABBREVIATIONS: ESA means Environmentally Sensitive Areas~ GMQS means Growth Management Quota System. PUD means Planned Unit Developmem. SPA means Specially Planned Area, 47 TABLE 6-101: SUMMARY OF DEVELOPMENT REVIEW PROCEDURES ~[ype of Number of Steps Review Public Consolidate With Development In Process Entity Hearing? Other Apps? Application When. When. Permitted Uses None Planning No No Agency Exempt Development Staff Historic ESA GMQS Conditional Use One Commission Yes--At step 1 No Special Review Commission No No ESA Commission No No GMQS Commission No No Subdivision One Council No--except lot No Exemptions splits at Step 1 Minor DevelopmentOne HPC Yes--For No ora property listed on Demolition Only the Inventory of Historic at Step 1 Sites and Structures or in historic district GMQS Two Commission/ Yes--At step 1 Yes--Conditional Council Use at Step 1 Text or Map Commission/ Yes--At Step Special Review at Amendment Council 1 & 2 Step 1 GMQS Exemptions Commission/ No ESA at Council Step 1 Subdivision Commission/ Yes- At Step 1 Subdivision 48 Review Council Exemption at Step 2 GMQS Commission/ Yes--At Step 1 Subdivision Exemptions Council Exemption at Step 2 Significant Two HPC/HPC Yes--At Step 1 No development of a property listed on the Inventory of Historic Sites and Structures or in historic district Designate historic Three HPC/ Yes--At Step Yes--Conditional landmark or district Commission/ 2 and 3 Use at Step 2 Council, Special Review at Step 2, ESA at Step 2, GMQS Exemption at Step 2&3, Subdivision Exemption at Step 3 SPA or PUD Four Commission/ Yes--At Step Yes--GMQS Council 2 and 3 and/or GMQS exemption at Step 3& 4, Subdivision Review at Step 3 & 4, Text or map amend at Step 3 & 4, Conditional Use at Step 3, Special Review at Step 3, ESA at Step 3, Subdivision Exemption at Step 4 Significant Six HPC/ Yes--At Step Yes--GMQS 49 Development of Commission/ 1, 3, and 5 GMQs and/or a property listed on Council GMQS exempt. the Inventory of at Step 5&6, Historic Sites and Subdivision Structures or in Historic Review at Step District in conjunction with 5&6, Text SPA, or PUD or map amend at Steps 5&6, Cond. Use at Step 5, Special Review at step 5, ESA at Step 5, Subdivision Exemption at Step 6 (Code 1971, § 6-101) 26.52.020 Pre-application conference. A. General. Prior to formal filing of a development application, it is recommended that an applicant confer with the staff of the planning agency to obtain information and guidance. The purpose of such a conference is to permit the applicant, the planning director and the planning agency staff to review informally a proposed development and determine the most efficient method of development review before substantial commitments of time and money are made in the submission of an application. B. Issues of discussion. Issues that may be discussed at the pre-application conference, may include, but are not limited to the following: 1. Proposed development. The applicant should describe the general nature of the proposed development, including, if applicable, proposed land uses and their densities; proposed placement of buildings, structures, and other improvements; character and location of common open space or treatment of public uses; preservation of natural features; preservation of historic structures and landmarks; protection of environmentally sensitive areas; proposed off-street parking and internal traffic circulation; and total ground coverage of paved areas and structures. 2. Review procedure. The planning agency staff should identify procedural review requirements for the proposed development, and applicable review standards and terms of this title that apply to the review of the proposed development. This should include identifying those stages of the common review procedm'e which apply, which decision-making body or bodies will review the development application, and the approximate length of the development review procedure. 3. Referral agencies. The planning agency staff should identify the city, state, and federal agencies that are required to review the proposed development, provide the applicant with persons at these agencies to contact about review procedures, and 50 generally describe the information which will be needed to satisfy the concems of the relevant city, state, and federal agencies. 4. Application contents. The planning agency staff should establish the contents of the development application required to be submitted for the proposed development. This should include descriptions of the types of reports and drawings required, the general form which the development application should take, and the information which should be contained within the application. 5. Application copies and fee. The planning agency staff should identify the number of copies of the development application that is required to be submitted for the proposed development, along with the amount of the fee needed to defray the cost of · processing the application, and the number of hours of staff review time associated with the fee. At the conclusion of the conference, the applicants will be presented with a written summary of the meeting. One copy of this written summary should be submitted back to the planning agency at the time of submission of the developmem application. (Code 1971, § 6-201) 26.52.030 Application and fees. A. General. A development application shall be submitted in the form, and shall include the information and materials specified for that application in this section, and Chapters 26.56 through 26.96 and Chapter 26.100, if additional information is required. The development application shall be accompanied by a fee, as is established from time to time by the city council, to defray the cost of processing the application. B. Application. All development applications shall include, at a minimum, the following information and materials. I. The applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 2. The street address and legal description of the parcel on which development is proposed to occur. 3. A disclosure of ownership of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's fight to apply for the Development Application. 4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 5. A site improvement survey including topography and vegetation showang the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 6. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. 51 C. Consolidation of applications. If an applicant has requested the consolidation of development applications, the director shall waive any overlapping application submission requirements in the consolidated development application. D. Copyrighted materials. The City of Aspen will not accept for development application or recordation purposes any materials to which copyright applications have been made unless the applicant shall waive all claims and indemnify the city. Any person submitting a development application shall consent that any document submitted to the City of Aspen as part of a development application may be utilized by the city in any manner deemed necessary, including, but not limited to, recording at the Pitkin County Clerk and Recorder, to preserve the representations made during the development review process. (Ord; No. 6-1989, § 8; Ord. No. 56-1994, § 12: Code 1971, § 6-202) 26.52.040 Initiation of development application. A development application may be initiated by over fifty (50) percent of the owners of real property of a proposed development. In addition, the city council or the commission may initiate a development application to amend the text of this chapter or the official zone district map (Chapter 26.92) or to designate a specially planned area (SPA) (Chapter 26.80), and the city council, commission, or HPC may initiate a development application to designate a H, Historic Overlay District or historic landmark (Chapter 26.76). (Code 1971, § 6-203) 26.52.050 Determination of completeness and review by the planning director. A. Determination of completeness. 1. Submissiom In order to initiate a development application, an applicant shall submit to the pla~'mg director the number of copies of the application, containing that information agreed upon in the pre-application conference or required by the relevant provisions of this title, and accompanied by the application fee. 2. Determination of completeness. After a development application has been received, the planning director shall determine whether the application is complete. If the planning director determines that the application is not complete, written notice shall be served on the applicant specifying the deficiencies. The planning director shall take no further action on the application unless the deficiencies are remedied. If the application is determined to be complete, the planning director shall notify the applicant of its completeness. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this chapter. B. Review and recommendation by planning director. 1. Comments on application from city staff. When the development application is determined complete by the planning director, copies shall be distributed to appropriate city staff persons, departments and referral agencies. Any comments shall be returned to the planning director prior to submitting a recommendation to the applicable decision-making body. 2. Report and recommendation. The planning director shall compile all comments and recommendations from appropriate city staff persons, departments, and referral agencies, and shall make a written report and recommendation to the appropriate decision-making body on the development application. The written report and 52 recommendation shall state whether the application conforms to the review standards pertaining to the relevant development approval sought, and whether it should be approved, approved with conditions, or disapproved, rl'he planning director shall attach any referral agency comments to the report and recommendation. C. Setting the hearing. After the planning director determines that a development application is complete and a report and recommendation is completed, the planning director shall establish a place and time certain for the hearing, if required, on the development application, pursuant to the requirements of this section. If the hearing is a public hearing required to be noticed, the pla~'mg director shall cause public notice to be given pursuant to the procedure and requirements established in Section 26.52.060(E). (Code 1971, § 6-204) 26.52.060 Review of a development application by decision-making bodies. The following review, hearing, and notice procedures and requirements apply to the review of a development application by the relevant decision-making bodies. A. Review procedures. A development application, depending on what types of development order it requests, shall be subject to one of the nine (9) review procedures outlined below. 1. Planning agency staff review: Permitted uses, exemptions of development in H Historic Overlay District and/or of a property listed on the Inventory of Historic Sites and Structures, environmentally sensitive area. (ESA), GMQS allotments, and subdivision exemption for a lot line adjustment. a. General. Review and approval of a development application for permitted uses (Chapter 26.56) shall be made by the planning agency staff in the form of a certificate of zoning compliance issued to the chief building official. Review and determination of exemptions for development in the H, Historic Overlay District or of a property listed on the Inventory of Historic Sites and Structures(Chapter 26.72), in environmentally sensitive areas (ESA) (Chapter 26.68) or for certain GMQS Allotments (Chapter 26.100) shall be determined by the planning director. b. Permitted uses. A development application for a permitted use shall be reviewed and approved, approved with conditions, or disapproved by the chief building official pursuant to the terms and standards established in Section 26.56.020. c. Exemptions of development in H, Historic Overlay District and/or of a property listed on the Inventory of Historic Sites and Structures. Exemption of development in the H, Historic Overlay District and/or of a property listed on the Inventory of Historic Sites and Structures shall be granted by the planning director pursuant to the terms and standards established in Section 26.72.010(C). d. Exemption of develOpment from review in environmentally sensitive area. Exemption of development from review in environmentally sensitive areas shall be granted by the planning director pursuant to Section 26.68.030(B), 26.68i040(B) or 26.68.050(B). e. Exemptions of development from growth management quota system (GMQS) allotment.' Exemption of certain development from growth management quota system (GMQS) allotment shall be granted by'the planning director pursuant to the terms established in Section 26.100.040(A). 53 f. Exemption from Subdivision for Lot Line Adjustmems. Exemption of development from the terms of subdivision for lot line adjus~nents shall be granted by the Planning Director pursuant to the terms established in Section 26.'88.030(A)(1) 2. One-step commission review: Development application for conditional uses, special review, and in environmentally sensitive area (ESA) requiring consolidation with no other development application or exemption of certain development under GMQS. A development application for conditional uses (Chapter 26.60), developmem subject to special review (Chapter 26.64), and development in an environmentally sensitive area (ESA) (Chapter 26.68) requiring consolidation with no other Developmem Application and exemption of certain development from GMQS pursuant to Section 26.100.040(B) shall be reviewed by the commission pursuant to the following procedures. a. Public hearing by the commissmn for conditional uses. After receipt of the written report and recommendation of the planning director for a conditional use (Chapter 26.60), the commission, after public notice pursuant to Section 26.52.060(E), shall hold a public hearing to review the application. At the conclusion of the public hearing, the commission shall determine if the development application meets the standards for a conditional use [Section 26.60.040), and shall issue a development order approving, approving with conditions, or disapproving the application. b. Hearing by the commission for special review and ESA, and GMQS exemption. After receipt of the written report and recommendations of the planning director for development subject to special rewew (Chapter 26.64), development in environmentally sensitive areas (ESA) (Chapter 26.68), or for a GMQS exemption pursuant to Section 26.100.040(B), the commission shall hold a hearing to review the application. At the conclusion of the hearing, the commission shall determine if the development application meets the standards for special review [Section 26.64.040), ESA (Section 26.68.030 through 26.68.050), or GMQS exemption (Section 26.100.040(B)), whichever is applicable, and shall issue a development order approving, approving with conditions, or disapproving the application, or exempting the development from GMQS. 3. One-step HPC review: Development application for minor development or demolition in a H, Historic Overlay District or of a property listed on the Inventory of Historic Sites and Structures requiring consolidation with no other developmem application. A development application for minor development or demolition in a H, Historic Overlay District or of a property listed on the Inventory of Historic Sites and Structures(Chapter 26.72) only shall be reviewed by the HPC pursuant to the following procedures. a. Hearing by HPC for minor development. After receipt of the written report and recommendations of the planning director for minor development in a H, Historic Overlay District or of a property listed on the Inventory of Historic Sites and Structures, the HPC shall hold a hearing to review the application. At the conclusion of the hearing, the HPC shall determine if the development application meets the standards of Section 26.72.010(D), and shall adopt a development order approving, approving with conditions, or denying the application. b. Public hearing by HPC for Demolition in H Historic Overlay District or involving a property listed on the Inventory of Historic Sites and Structures. After receipt 54 of the written report and recommendation of the planning director for demolition of a structure in a H, Historic Overlay District or of a property listed on the Inventory of Historic Sites and Structures, the HPC, after public notice pursuant to Section 26.52.060(E), shall hold a public hearing to review the application. At the conclusion of the public hearing, the HPC shall determine if the development application meets the standards of Section 26.72.020(B), and shall adopt a development order approving, approving with conditions, or disapproving the application. 4. On-step council review: Development application for subdivision exemption requiring consolidation with no other development application. A development application for subdivision exemption only (Chapter 26.88) shall be reviewed by the city council pursuant to the following procedures. a. Hearing by council for subdivision exemption: After receipt of the written report and recommendation of the planning director for subdivision exemption, the council shall hold a hearing to review the application, unless the application shall be for a lot split, which shall require a public heating for which notice has been provided pursuant to Section 26.52.060(E). At the conclusion o£the hearing or public hearing, as applicable, the council shall detemfine if the application meets the standards of Section 26.88.030, and shall adopt a development order approving, approving with conditions or denying the application. 5. Two-step commission and city council review: Growth management quota system (GMQS) allotment; subdivision review; amendment to the text of this title or the official zone district map; and certain GMQS exemptions. Review and approval of a development application for growth management quota system (GMQS) allotment (Chapter 26.100), subdivision review, amendment to the text of this title or the official zone district map and certain GMQS exemptions require review by the commission and a final decision by the city council and may be consolidated with a development application for a conditional use, special review or ESA. a. GMQS allotment for a permitted use. (1) Public hearing by commission. After receipt of the written report and recommendations of the pla~ing director for GMQS scoring for a permitted use, the commission, after public notice pursuant to Section 26.52.060(E), shall hold a public hearing to review the application. At the conclusion of the public hearing, the commission shall determine the points accumulated by the application pursuant to the standards of Section 26.100.060(E)~ (F) or (G), whichever is applicable, and shall forward the score to the city council. (2) Hearing by city council. Upon receipt of the recommendation of the scoring of the development application by the commission, the city council shall allocate GMQS allotments among eligible applicants in the order of priority established by their rank. b. GMQS allotment consolidated with other development applications; amendment to the text of this title or official zone district map or subdivision review or certain GMQS exemptions alone. (1) Public hearings by commission. After receipt of the written report and recommendations of the pla~'mg director for a development application for GMQS scoring in conjunction with a development application for a conditional use, special 55 review, ESA, subdivision review or amendment to the text of this title or official zone district map, or amendment to the text of this title or official zone district map or subdivision review or certain GMQS exemptions alone, the commission, after public notice pursuant to Section 26.52;060(E), shall hold a public hearing to review the application. At the conclusion of the public hearing, the commission shall determine if the development application meets the standards of Section 26.60.040 for conditional uses, Section 26.64.040 for special review, Section 26.68.030 through 26.68.050 for ESA, 26.88.040(c) for subdivision or Section 26.92.020 for an amendment to the text of this title or the official zone district map, whichever is applicable. The commission shall adopt a development order approving, approving with conditions, or denying that part of the application pertaining to conditional uses, special review and ESA, subject to approval by the city council of the GMQS allotment for the application. The commission shall recommend approval, approval with conditions or disapproval of the application for subdivision review or for amendment to the text of this title or the official zone district map or for certain exemptions from GMQS. Concurrently, the commission shall determine the points accumulated by the application for GMQS pursuant to the standards of Section 26.100.060(E), (F) or (G), whichever is applicable, and shall forward the score to the city council. If a development application for a GMQS exemption is heard alone, there shall be no requirement for a public hearing. (2) Hearing/public hearing by city council. Having received the recommendation of the scoring of the development application by the commission, the city council shall allocate GMQS allotments among eligible applicants in the order of priority established by their rank. If a development application for an amendment to the text of this titi~ or the official zone district map is consolidated with a GMQS application, or is heard alone, the city council shall consider the consolidated applications at a public hearing, after public notice pursuant to Section 26.52.060(E). If a development application for subdivision ~eview or a GMQS exemption is heard alone, there shall be no requirement for a public hearing. 6. Two-step HPC review: Development applications for significant development in a H, Historic Overlay District or of a property listed on the Inventory of Historic Sites and Structures requiring consolidation with no other development application. Review and approval of a development application for significant development in a H, Historic Overlay District or of a property listed on the Inventory of Historic Sites and Structures only requires review and approval of a conceptual development plan by the HPC and review and approval of a final development plan by the HPC. a. Public hearing on conceptual development plan by HPC. After receipt of the written report and recommendation of the planning director for a conceptual development plan for significant development in a H, Historic Overlay District or of a property listed on the Inventory o£ Historic Sites and Structures, the HPC, after public notice pursuant to Section 26.52.060(E), shall hold a public hearing to review the application. At the conclusion of the public hearing, the HPC shall determine if the development application meets the standards of Section 26.72.010(D), and shall approve, approve with conditions, or deny the conceptual development plan. 56 b. Hearing for review of final development plan by HPC. After receipt of the written report and recommendation of the pla~'mg director for a final development plan for significant development in a H, Historic Overlay District or of a property listed on the Inventory of Historic Sites and Structures, the HPC shall hold a hearing to review the final development plan. At the conclusion of the hearing the HPC shall consider the recommendation of the planning director, determine if the final development plan is consistent with the conceptual development plan, determine if the final development plan meets the standards of Section 26.72.010(D), and adopt a development order approving, approving with conditions, or disapproving the application. 7. Three-step HPC, commission, and city council review: Designation of H, Historic Overlay District or historic landmark. Review and approval of a development application for designation of a H, Historic Overlay District, or of a historic landmark requires review and recommendation by the HPC and commission, and a final decision by the city council pursuant to the following terms and procedures. a. Hearing by HPC. After receipt of the written report and recommendations of the planning director regarding a development application for designation, amendment, or rescission of H, Historic Overlay District or of a historic landmark designation, the HPC shall hold a hearing to review the application, At the conclusion of the hearing, the HPC shall determine if the development application meets the standards of Section 26.76.020, and shall recommend that a development order be adopted approving, approving with conditions, or disapproving the application. b. Public hearing by the commission. After recommendation of the development application by the HPC, the commission, after public notice pursuant to Section 26.52.060(E), shall hold a public hearing to review the application. At the conclusion of the public hearing, the commission shall determine if the development application meets the standards of Section 26.76.020, and shall recommend to the city council that a development order be adopted approving, approving with conditions, or disapproving the application. Also, if applicable, the commission shall concurrently determine if the application meets the standards of Section 26.60.040 for conditional uses, Section 26.64.040 for special review, Section 26.68.030 through 26.68.050 for ESA, or Section 26.100.040 for certain GMQS exemptions and shall adopt a development order approving, approving with conditions, or disapproving that part of the application pertaining to conditional uses, special review, ESA, and GMQS exemptions subject to approval by the city council of the development application designating the property. c. Public hearing by city council. After reconunendation on the development application by the commission, the city council, after public notice pursuant to Section 26.52.060(E), shall hold a publid hearing m review the application. At the conclusion of the public hearing, the city council shall consider the recommendations of the planning director, the HPC, and the commission, determine if the development application meets the standards of Section 26.76.020, and adopt a development order approwng, approving with conditions, or disapproving the application. If applicable, the council shall also determine if the application meets the standards of Section 26.100.040. 8. Four-step commission and council review: SPA or PUD only; SPA or PUD consolidated with other developmem applications. Review and approval of a development application for SPA or PUD, by themselves, or in conjunction with 57 development applications for GMQS and GMQS exemption or conditional uses, special review, ESA, subdivision review or an amendment to the text of this title or the official zone district map, require rewew and approval under a four-step process involving review and approval of a conceptual development plan by the commission and city council, and review and approval of a final development plan by the commission and city council. a. Conceptual development plan review by the commission. After receipt of the written report and recommendation of the planning director for a development application for conceptual development plan approval, the commission shall hold a hearing to review the conceptual development plan. At the conclusion of the hearing, the commission shall recommend approval, approval with conditions, or denial of the conceptual development plan pursuant to Section 26.80.040(B) or Section 26.84.030(B), or whichever is applicable. The recommendation shall then be forwarded to the city council for its review. If the development application is being considered as part of a consolidated review process with development applications for GMQS or GMQS exemption, subdivision review, an amendment to the text of this title or the official zone district map, or conditional use, special review, or ESA, initial review of these applications will not be heard until the commission and city council consider the final development plan. Provided, however, that at the request of the applicant, an amendment to the text or this title or the official zone district map may be considered in conjunction with conceptual development plan review, but final actions on such development applications shall not be taken until review and approval of the final development plan is undertaken. b. Conceptual development plan review by city council. After receipt of the recommendations of the commission for a development application for the conceptual development plan, the city council, after public notice pursuant to Section 26.52.060(E), shall hold a public hearing to review the conceptual development plan. At the conclusion of the hearing, the city council shall approve, approve with conditions, or disapprove the conceptual development plan pursuant to Section 26.80.040(B) or Section 26.84.030(B), whichever is applicable. c. Review of final development plan and other consolidated development applications by the commission. Within one year of approval by the city council of a conceptual development plan, a development application shall be submitted for a final development plan or the development order for the conceptual development plan shall automatically expire. After receipt of the written report and recommendation on the final development plan from the planning director, the commission, after public notice pursuant to Section 26.52.060(E), shall hold a public hearing to review that part of the application pertaining to the final development plan, and if applicable, development applications for GMQS scoring or exemption, an amendment to the text of this title or the official zone district map, or conditional use, special review, and ESA. At the conclusion of the hearing, the commission shall determine if the final development plan meets the standards of Section 26.80.040(B) (SPA) or Section 26.84.030(B) (PUD), whichever is applicable, and shall recommend to the city council that a development order be adopted approving, approving with conditions, or disapproving the final development plan. If applicable, the commission shall also concurrently determine the points accumulated by the application for GMQS pursuant to the standards of Section 26.100.060(E); (F) or (G), 58 whichever is applicable, and shall forward the score to the city council. If applicable, the commission shall concurrently determine if the application meets the standards of Section 26.88.040(c) and 26.92.020 and recommend approval, approval with conditions, or disapproval of a development application requesting subdivision review and amendment to the text of this title or the official zone district map. Also, if applicable, the commission shall concurrently determine if the application meets the standards of Section 26.60.040 for conditional uses, Section 26.64.040 for special review, or Section 26.68.030 through 26.68.050 for ESA, and shall adopt a development order approving, approving with conditions, or disapproving that part of the application pertaining to conditional uses, special review and ESA, subject to approval by the city council of the final development plan and the OMQS allotment. d. Hearing/public hearing on final development plan and other consolidated development applications by the city council. After receipt of the recommendation on the final development plan, GMQS scoring or exemption, subdivision review, amendment to the text of this title or the official zone district map from the commission, the city council shall hold a hearing to review that part of the application pertaining to the final development plan, GMQS allotment or exemption, subdivision review or amendment, if applicable. At the conclusion of the hearing, the city council shall determine if the final development plan meets the standards of Section 26.80.030(B) (SPA), or Section 26.84.030(B) (PUD), whichever is applicable, and shall adopt a development order approving, approving with conditions, or disapproving the final development plan. If a development application for an amendment to the text of this title or the official zone district map is being considered, the city council shall hold a public hearing pursuant to public notice required in Section 26152.060(E), and shall determine if the application meets the standards of Section 26.92.020, and shall adopt a development order approving, appmvifig with conditions, or disapproving the application. If a development application for GMQS is being reviewed, the city council shall allocate GMQS allotments among eligible applicants in the order of priority established by their rank or shall determine if the application meets the standards of Section 26.100.040(C). If a development application for subdivision is being reviewed, the city council shall determine if the plat meets the standards of Section 26.88.040(c) and adopt a development order approving,. approving with conditions or disapproving the application. 9. Six-step HPC, commission~ and council review: Significant development in H, Historic Overlay District or involving a property listed on the Inventory of Historic Sites and Structures, in conjunction with SPA or PUD, only; or consolidated with other development applications. Review and approval of a development application for significant development in a H, Historic Overlay District or of a property listed on the Inventory of Historic Sites and Structures in conjunction with a development application for SPA or PUD, by themselves, or in conjunction with development applications for GMQS allotment or exemption, Subdivision review, an amendment to the text of this title or the official zone district map, or conditional uses, special review, or ESA, require review and approval under a six-step process involving review and approval of the historical district application by the HPC, review and approval of a conceptual development plan by the commission and city council, and review and approval ora final development plan by the commission and city council. 59 a. Public hearing on concepma! developmem plan for significant development. After receipt of the written report and recommendation of the planning director for a conceptual development plan for significant development in a H, Historic Overlay District or ora property listed on the Inventory of Historic Sites and Structures, and after public notice pursuant to Section 26.52.060(E), the HPC shall hold a public hearing to review the conceptual development plan and recommendations of the planning director. At the conclusion of the public hearing, the HPC shall determine if the conceptual development plan meets the standards of Section 26.72.010(D), and shali approve, approve with conditions, or disapprove the conceptual development plan. b. Conceptual development plan review by the commission. After HPC review of the conceptual development plan for significant development in a H, Historic Overlay District or of a property listed on the Inventory of Historic Sites and Structures, and after receipt of the written report and recommendation of the planning director for a development application for conceptual development plan approval for SPA or PUD, the commission shall hold a hearing to review the conceptual development plan. At the conclusion of the hearing, the commission shall recommend approval, approval with conditions, or disapproval of the conceptual development plan pursuant to Section 26.80.030(B) (SPA) or Section 26.84.030(B) (PUD), whichever is applicable. The recommendation shall then be forwarded to the city council for its review. If the development application is being considered as part of a consolidated review process with development applications for GMQS allotment or exemption, subdivision review, or an amendment to the text of this title or the official zone district map, or conditional uses, special review, or ESA, initial review of these applications will not be heard until the commission and city council consider the final developmem plan. Provided, however, that at the request of the applicant, an amendment to the text of this title or the official zone district map may be considered in conjunction with conceptual development plan rewew, but final actions on such development applications shall not be taken until review and approval of the final development plan is undertaken. c. Public hearing on conceptual developmem plan review by city council. After receipt of the recommendations of the commission for a development application for the conceptual development plan, the city council, after public notice pursuant to Section 26.52.060(E), shall hold a public hearing to review the conceptual development plan. At the conclusion of the hearing, the city council shall approve, approve with conditions, or disapprove the conceptual development plan pursuant to Section 26.80.030(B) (SPA) or Section 26.84.030(B) (PUD), whichever is applicable. d. Hearing for final HPC review. That portion of the development application pertaining to the final development plan for significant development in a H, Historic Overlay District or of a property listed on the Inventory of Historic Sites and Structures shall be reviewed after the commission and city council review of the conceptual development plan for any consolidated development application, and prior to final development plan review by the commission and the city council for the consolidated applications. It shall be reviewed by the HPC pursuant to the following procedures After receipt of the written report and recommendation of the planning director for a final development plan for significant development in a H, Historic Overlay District or a property listed on the Inventory of Historic Sites and Structures, the HPC shall hold a 60 hearing to review the final development plan. At the conclusion of the hearing, the HPC shall consider the recommendation of the planning director, determine if the final development plan is consistent with the conceptual development plan, determine if the final development plan meets the standards of Section 26.72.010(D), and adopt a development order approving, approving with conditions, or denying the application, subject to approval by the city council of the final development plan for the consolidated development applications. e, Public hearing on commission review of final development plan and other consolidated development applications. After HPC review of the final development plan for significant development in the H, Historic Overlay District or of a property listed on the Inventory of Historic Sites and Structures, and after receipt of the written report and recommendation on the final development plan from the planning director for SPA, or PUD, and if applicable, a development application for GMQS scoring or exemption, an amendment to the text of this title or the official zone district map, or conditional uses, special review, and ESA, the commission, after public notice pursuant to Section 26.52.060(D), shall hold a public hearing to review that part of the application pertaining to the final development plan, the GMQS application, the amendment application, and the other applications, if applicable. At the conclusion of the hearing, the commission shall determine if the final development plan meets the standards of Section 26.80.030(B) (SPA) or Section 26.84.030(B) (PUD), whichever is applicable, and shall reconunend to the city council that a development order be adopted approving, approving with conditions, or denying the final development plan. If applicable, the commission shall concurrently determine the points accumulated by the application for GMQS pursuant to the standards of Section 26.100.060(E), (F) or (G), and shall forward the score to the city council. If applicable, the commission shall also determine if the application meets the standards of Section 26.88.040(C) and 26,92.020, and recommend approval, approval with conditions, or disapproval of a development application requesting subdivision review and amendment to the text of this title or the official zone district map. Also, if applicable, the commission shall concurrently determine if the application meets the standards of Section 26.60.040 for conditional uses, Section 26.64.040 for special review, or Section 26.68.030 through 26.68.050 for ESA, and shall adopt a development order approving, approving with conditions, or denying that part of the application pertaining to conditional uses, special review and ESA, subject to approval by the city council of the final development plan, amendment, or the GMQS allotment. f. Hearing on city council review of final development plan and other consolidated development applications. After receipt of the recommendation on the final development plan, or GMQS scoring from the commission, the city council shall hold a hearing to review that part of the application pertaining to the final development plan, GMQS allotment or exemption, subdivision review, or amendment, ii' applicable. At the conclusion of the hearing, the city council shall determine if the final development plan meets the standards of Section 26.80.030(B) (SPA), or Section 26.84.030(B) (PUD), whichever is applicable, and shall adopt a development order approving, approving with conditions, or disapproving the final development plan. If a development application for GMQS is being reviewed concurrently, the city council shall allocate GMQS allotments among eligible applicants in the order of priority established by their rank or shall 61 determine if the application meets the standards of Section 26.100.040(C). Ifa development application for an amendment to the text of this title or the official zone district map is being considered, the city council shall hold a public hearing with public notice pursuant to Section 26.52.060(E), before considering the consolidated applications. In reviewing the amendment application, the city council shall determine if it meets the standards of Section 26.92.020, and approve, approve with conditions, or disapprove the application. If a development application for subdivision is being reviewed, the city council shall determine if the plat meets the standards of Section 26.88.040(c) and shall adopt a development order approving, approving with conditions or disapproving the application. B. Modification of review procedures. In the event that an applicant believes that the previously listed review procedures do not directly address the development being contemplated, or that there are other unusual circumstances, the applicant may, pursuant to Chapter 26.92, request an interpretation by the planning director as to the appropriate review procedures for the proposed development. C. General hearing procedures. The following general procedures shall apply to the conduct of all hearings regarding the review of a development application by decision-making bodies. 1. Oath or affirmation. Testimony and evidence shall be given under oath or by affirmation to the body conducting the hearing. 2. Rights of all persons. Any person or persons may appear at a public hearing and submit evidence either individually or as a representative of another person or an organization Anyone representing another person or an organization must present written evidence of their authority to speak on behalf of the person or the organization in regard to the matter under consideration. Each person who appears at a public hearing shall be identified and, if appearing on behalf of anoiher person or an organization, state the name and mailing address of the person or the organization. 3. Due order of proceedings, the decision-making body conducting the hearing may exclude testimony or evidence that it finds to be irrelevant, immaterial or unduly repetitious. Any person may ask relevant questions of other persons appearing as witnesses, but shall do so only through the discretion of the chairman or mayor. The order of proceedings shall be as follows: a. The planning agency staff shal~ present a narrative and graphic description of the development application. b. The planning agency staff shall present a written and oral recommendation. This recommendation shall address each factor required to be considered by this title and the Aspen Area Comprehensive Plan prior to development approval and shall be made available to the applicant submitting the development application at least two (2) working days prior to the hearing. c. The applicant shall present any information that it deems appropriate, and shall demonstrate that public notice has been given, if required. d. Public testimony shall be heard, first in favor of the development application, then in opposition to it. e. The planning agency staff may respond to any statement made by the applicant or any public comment. 62 f. The applicant may respond to any testimony or evidence presented by the planning agency staff or public. 4. Testimony. In the event any testimony or evidence is excluded as irrelevant, immaterial or unduly repetitious, the person offering such testimony or evidence shall have an opportunity to make a proffer in regard to such testimony or evidence for the record. Such proffer may be made at the hearing or in writing within fifteen (15) days after the close of the hearing. 5. Continuance of hearing. The decision-making body conducting the hearing may, on its own motion or at the request of any person, continue the hearing to a fixed date, time and place. No notice shall be required if a hearing is continued. An applicant shall have the right to request and be granted one continuance; however, all subsequent continuances shall be granted at the discretion of the decision-making body conducting the hearing, 0nly upon good cause shown. All adjourned public hearings shall commence only upon the giving of all notices which would have been required were it the initial call of the public hearing. 6. Other rules to govern. Other matters pertaining to the public hearing shall be governed by other provisions of the Municipal Code of the City of Aspen, Colorado, applicable to the decision-making body conducting the hearing and its adopted rules of procedure, so long as the same are not in conflict with this chapter. The city's decision- making bodies may adopt rules of procedure to limit the nun~ber of development applications which may be considered at a hearing. 7. Record. . a. Records of hearing. The body conducting the hearing shall record the proceedings by any appropriate means which shall be transcribed at the request of any person. b. Record. The transcript of oral proceedings, including testimony and statements of personal opinions, the minutes of the secretary, all applications, exhibits and papers submitted in any proceeding before the decision-making body, the report and recommendation of the planning agency staff, and the decision and report of the decision- making body shall constitute the record. c. Public records. All records of decision-making bodies shall be public records, open for inspection at reasonable times and upon reasonable notice. D. Actions by decision-making bodies. All decision-making bodies shall act in accord with the time limits established in this title. Action shall be taken as promptly as possible in consideration of the interests of the citizens of the City of Aspen. E. Public notice. 1. General. Prior to a public hearing on a development application, notice shall be provided to the public, pursuant to the terms of this section. Table 6,101 establishes the steps in the development review process at which time notice is to be given. 2. Content of notice. Every notice shall include the name and address of the applicant, the type of development application sought, date, time and place of the hearing, the address and legal description of the subject property if applicable, a summary of the development application under consideration, and identification of the decision-making 63 body conducting the hearing and such other information as may be required to fully apprise the public of the nature of the application. 3. Manner of notice. Every notice shall be given in one or more of the following manners, as specified in Section 26.52.060(E)(4). a. Publication of notice. Publication of notice shall be provided by the planning agency at least fifteen (15) days Prior to the public hearing through publication in an official paper or a paper of general circulation in the City of Aspen in the legal notice section. The content of the notice shall be that described in Section 26.52.060(E)(2). b. Posting of notice. Posting of notice shall be made by the applicant, who shall obtain a copy of the form from the planning agency, which shall be posted at least ten (10) days prior to the public hearing, by posting a sign in a conspicuous place on the property subject to the development application. The sign shall be made of suitable, waterproof materials, shall be not less than twenty-two (22) inches wide and twenty-six (26) inches high, and shall be composed of letters not less than one inch in height. The content of the notice shall be that described in Section 26.52.060(E)(2). c. Mailing of notice. Mailing of notice shall be made by the applicant, who shall obtain a copy of the notice from the plauning agency, which shall contain that information described in Section 26.52:060(E)(2). At least ten (I0) days prior to the public hearing, notice shall be sent by first class, postage prepaid U.S. mail, or at least five (5) days if sent by hand delivery, to all owners of property within three hundred (300) feet of the property subject to the development application, and at least fifteen (15) days prior to the public hearing, notice shall be sent by first class, postage pre-paid U.S. mail or hand delivery to any federal agency, state, county, municipal govenuuent, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public he ,aring. 4. Required notices. Notice of hearing to the public for a development application shall take the following form. a. Development application for permitted uses, special review, ESA, GMQS exemptions, subdivision exemptions (other than for a lot split) or minor development in an "H; Historic Overlay District or involving a property listed on the Inventory of Historic Sites and Structures. A development application for a permitted use, development subject to special review, GMQS exemption, development in an environmentally sensitive area (ESA) or minor development in H, Historic Overlay District or involving a property listed on the Inventory of Historic Sites and Structures requires no notice to the public prior to review. b. Development application for conditional uses and variances. A development application for a conditional use or a variance requires mailing of notice and posting of notice pursuant to Section 26.52.060(E)(3)(b) and (c). c. Development application for significant development in an "Fi," Historic Overlay District; demolition in an "H,' Historic Overlay District; development in or designation of specially planned area (SPA); planned unit development (PUD); 64 amendments to official zone district map unless for entire city; subdivision exemption for lot split; designation of Historic Overlay District or historic landmarks; growth management quota system (GMQS). Significant development in a H, Historic Overlay District or ora property listed on the Inventory of Historic Sites and Structures, development, demolition of a property listed on the Inventory of Historic Sites and Structures, designation of a specially planned area (SPA), planned unit development (PUD), amendments to the official zone district map unless for the entire city, subdivision exemption for lot split, designation of Historic Overlay District or historic landmarks, and growth management quota system (GMQS) review requires publication of notice, posting of notice and mailing of notice pursuant to Section 26.52.060(E)(3)(a), (b) and (c). d. Amendment to the text of this title. Amendment to the text of this title requires publication of notice pursuant to Section 26152.060(E)(3)(a) for Planning and Zoning Commission public hearing and ordinance adoption procedures for City Council public hearing. e. Development application for subdivision. Subdivision review requires publication of notice and mailing of notice pursuant to Section 26.52.060(E)(3)(a) and (c) and notice by registered mail to ail surface owners, mineral owners and lessees of mineral owners of the property subject to the development application. f. Any development application which will cover five (5) acres or more of land. Any develoPment application which will cover five (5) acres or more of land requires publication of notice pursuant to Section 26.52.060(E)(3)(a) and mailing of notice to the Colorado Land Use Commission, the state geologist, and the Pitkin County Commissioners. In addition, a development application for subdivision approval also requires notice by registered mail to ail surface owners, mineral owners and lessees of mineral owners of the property subject to the development application. 5. Rezoning of entire city. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part ora general revision of this title, or whenever the text of this title is to be amended, whether such revision be made by repeal of this title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change, shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (t5) days prior to the public hearing on such amendments: (Ord. No. 13-1993 § 3; Ord. No. 56-1994, § 13: Code 1971, § 6-205) Section 3: Section 26.72 Development in an "H," Historic Overlay District, or involving the Inventory of Historic Sites and Structures shall be amended to read as follows: Chapter 26.72 ' DEVELOPMENT IN AN "H," HISTORIC OVERLAY DISTRICT, OR INVOLVING THE INVENTORY OF HISTORIC SITES AND STRUCTURES 65 Sections: 26.72.010 Minor development, significant development, and exemptions. 26.72.020 Demolition, partial demolition, off-site relocation, on-site relocation, or temporary relocation. 26.72.030 Insubstantial amendment of development order. 26.72.040 Appeal and call up. 26.72.050 Variances. 26.72.060 Minimum maintenance requirements. 26.72.010 Minor development, significant development, and exemptions. A. General. Any developmem within an "H." Historic Overlay District, or development involving a property listed on the Inventory of Historic Sites and Structures must be reviewed ~n accordance with the provisions of this Section 26.72.010 and Common Procedures, Chapter 26.52, unless exempted by the community development director under Section 26.72.010 (C). If not exempted, development is categorized as minor or s~gnificant development which must obtain approval of the [-IPC. Minor development review and approval is a one-step process and requires no public hearing. Significant development must go through a conceptual and final development plan review and approval process, with a public hearing occurring at the time of conceptual development plan review. B. General prohibition. No development shall be permitted within the "H," Historic Overlay District, or involving a property listed on the Inventory of Historic Sites and Stmcmres unless: 1. The development is not subject to the provisions of this section', or 2. The development is exempted pursuant to Section 26.72.010(C); or 3. The development is approved by the HPC as either minor or significant development pursuant to the procedures outlined in Common Procedures, Chapter 26.52, because it meets the standards of Section 26.72.010(D). C. Exemption. 1. Development which is not sub. iect to the provisions of this section shall include any interior remOdeling of a structure, repainting of the exterior of an already painted structure, and choice of color of any exterior architectural feature. Such development shall not reqmre the review by the community development director or HPC, and shall proceed directly to building permit review, when a building permit is required for the development. 2. Development which the community development director shall exempt from HPC review shall include repair of existing architectural features, replacement of architectural features when found necessary for the preservation of the structure, and similar remodeling activities which create no change to the exterior appearance of the structure and have no impact on its character. The community development director shall exempt awnings, canopies, fences, mechanical equipment or other similar attachments to, or accessory features of a structure, provided however, that in the process of erecting said 66 attachments, none of the significant features of the structure are destroyed or permanently removed. Incidental destruction or limited removal necessary to erect any attachment shall not make the action significant development. The community development director shall exempt signs which are not reviewed under Section 26.72.010(F)(2)(A). Within the Commercial Core, the community development director shall exempt any insignificant changes in the site design of an individual property, such as paving and new street furniture. The Community Development Director shall exempt any development required for compliance with the Americans with Disabilities Act when it affects a nonhistoric structure in the "H," Historic Overlay District, and has no significant impact on the character of the structure. For any of the exemptions listed above, the Community Development Director may place conditions on the exemption which are relevant to mitigation of impacts to the affected historic site or structure or to adjacent historic sites or structures. An appeal of a Community Development Director exemption is to the historic preservation commission. The Community Development Director may also determine that any of the above applications are more appropriately reviewed by HPC as a minor development, because of significant effects upon historic resources. 3. Before any proposed development' can be considered for an exemption under the provisions of this section, an application for exemption shall be submitted to the Community Development Director in the form provided by the Community Development Director. D. Review standards for all development in the ,H," Historic Overlay District, and all development involving properties listed on the Inventory of Historic Sites and Structures. 1. Development in the "H," Historic Overlay District, and all development involving properties listed on the Inventory of Historic Sites and Structures. No approval for any development in the "H," Historic Overlay District, or involving properties listed on the Inventory of Historic Sites and Structures shall be granted unless the HPC finds that all of the following standards are met. a. The proposed development is compatible in general design, massing and volume, scale, and site plan with designated historic structures located on the parcel and with development on adjacent parcels when the subject site is in an "H," Historic Overlay District, or is adjacent to an historic landmark. For historic landmarks where proposed development would extend into front yard, side yard and rear yard setbacks, extend into the minimum distance between buildings on the lot or exceed the allowed floor area by up to five hundred (500) square feet or the allowed site covered by up to five (5) percent, HPC may grant such variances after making a finding that such variation is more compatible in character with the historic landmark and the neighborhood, than would be development in accord with dimensional requirements. In no event shall variations pursuant to this section exceed those variations allowed under the Cottage Infill Program for detached accessory dwelling units, pursuant to section 26.40.090(B)(2). The floor area bonus will only be awarded to projects which make an outstanding preservation effort, for instance by retaining historic outbuildings or by creating breezeway or connector elements between the historic resource and new construction. Lots which are larger than nine thousand (9,000) square feet and properties which receive approval for an historic landmark lot split may also be appropriate recipients of the 67 bonus. No development application which includes a request for an FAR bonus may be submitted until the applicant has met with HPC in a workshop format to discuss whether or not the proposal might qualify for the floor area bonus, prior to design; and b. The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development; and c. The proposed development enhances or does not detract 'from the historic significance of designated historic structures located on the parcel proposed for development or adjacent parcels; and d. The proposed development enhances or does not diminish or detract from the architectural character and integrity of a designated historic structure or pan thereof. 2. Additional development guidelines. The City Council, upon recommendation of the HPC, shall established additional guidelines for use by HPC in the review of all development in an "H," Historic Overlay District, and involving properties listed on the Inventory of Historic Sites and Structures, in accordance with the procedures in Chapter 26.08. E. Minor development. 1. Procedure for review. Before HPC approval of minor development in the "H," Historic Overlay District~ and of all development involving properties listed on the Inventory of Historic Sites and Structures a development application shall be submitted to the Community Development Director and reviewed and approved by the HPC purSuant to the procedures established in Common Procedures, Chapter 26.52. 2. Definition. Minor development shall be defined as follows: a. Remodeling of a structure where alterations are made to no more than one (1) element of the structure, including but not limited to a roof, window, door, skylight, ornamental trim, siding, kickphte, dormer, porch, staircase, and balcony; b. Expansion or erection of a structure wherein the increase in floor area of the structure is two hundred fifty (250) square feet or less; or c. Erection or remodeling of combinations of, or multiples of no more than three (3) of the following features: awnings, canopies, signs, fences and other similar attachments; or windows, doors, skylights and dormers. Erection of more than three (3) of the above listed features may be defined as minor if there is a finding that the cumulative impact of such development is minor in its effect on the character of the existing structures. d. Erection of street furniture, signs, benches, public an, or similar development which is to be placed throughout the Commemial Core or Main Street Historic Districts. The Community Development Director may determine that the development is to be reviewed as a significant development, pursuant to section 26.72:010(F). Public hearing requirements will not apply. 3. Application. A development application for minor development shall include the following~ a. The general application information required in section 26.52.030. b. If determined appropriate by the Community Development Director, a site plan or survey showing property boundaries and predominant existing site characteristics. c. An accurate representation of all major building materials, such as samples and photographs, to be used for the proposed development. d. A scale drawing of the proposed development in relation to any existing structure. 68 e. A statement of the effect of the proposed development on the original design of the historic structure (if applicable) and character of the neighborhood. F. Significant development. 1. Procedure for review. Before HPC approval of significant development within an "H," Historic Overlay District, and of all development involving properties listed on the Inventory of Historic Sites and Structures, a conceptual development plan and final development plan shall be reviewed and approved by the HPC pursuant to the procedures established in Conunon Procedures, Chapter 26.52. 2. Definition. Significant development shall be defined as follows: a. Erection of an awning, canopy, sign, fence or other similar attachments to, or accessory features of, a structure that, in the process of erecting, cause significant features of the structure to be permanently destroYed or removed; b. Erection or remodeling of combinations of, or multiples of any single feature of a structure which has not been determined to be minor; c. Expansion or erection of a structure wherein the increase in floor area of the structure is more than two hundred fifty (250) square feet; d. Construction of a new structure within a "H," Historic Overlay District; and e. The development of any property which is listed on the inventory of historic sites and structures and which has received approval for demolition or off-site relocation when a development plan has been required by the HPC pursuant to section 26.72.020(J)(5). 3. Conceptual development plan. a. Development application for conceptual development plan. A development application for a conceptual development plan shall include the following: (1) The general application information required in section 26.52.030. (2) A site plan and a survey showing property boundaries and predominant existing sim characteristics. (3) Conceptual selection of major building materials to be used in the proposed development. (4) A statement of the effect of the proposed development on the original design of the historic structure (if applicable) and/or character of neighborhood: (5) Scale drawings of all elevations of any proposed structures, including a roof plan. (6) A visual description of the neighborhood context through at least one (1) of the following: diagrams, maps, photographs, models, or streetscape elevations, with the intent to provide HPC with the necessary information without adding excessive costs to the applicant. b. Effect of approval of conceptual developmem plan. Approval of a conceptual development plan shall not constitute final approval of significant development or permission to proceed with development. Such approval shall constitute only authorization to proceed with a development application for a final development plan. c. Limitation on approval of conceptual development plan. Application for a final development plan shall be filed within one (1) year of the date of approval of a conceptual development plan. Unless an extension is granted by HPC, failure to file such an application shall render null and void the approval of a conceptual development plan previously granted by the HPC. 4. Final development plan. 69 a. Submission of application for final development plan. A development application for a final development plan shall include: (1) The general application information required in section 26.52.030. (2) Reserved. (3) An accurate representation of all major building materials, such as samples and photographs, to be used for the proposed development. (4) Finalized drawings of the proposal at 1/4" = 1'0 scale. (5) A statement of the effect of the details of the proposed development on the original design of the historic structure (if applicable) and character of the neighborhood. (6) A statement of how the final development plan conforms to the representations made during the conceptual review and responds to any conditions placed thereon. G. Historic Landmark Lot Split. The development of all lots created pursuant to section 26.88.030 (A)(5) shall be reviewed by HPC at a public hearing. (Ord. No. 6-1989, § 9; Ord. No. 60-1990, § 3; Ord. No. 21-1995, § l(part); Ord. No. 49-1995, § 4; Ord. No. 33-1997, § 1: Code 1971, § 7-601) 26.72.020 Demolition, partial demolition, off-site relocation, on-site relocation, or temporary relocation. A. General. No demolition, partial demolition, off-site relocation, on-site relocation, or temporary relocation of any structure included in the Inventory of Historic Sites and Structures of the City of Aspen, established pursuant to section 26.76.090, or any structure within an "H" Historic Overlay District, shall be permitted unless the demolition, partial demolition, off-site relocation, on-site relocation, or temporary relocation is approved by the HPC because it meets the applicable standards of section 26.72.020(B), (C), (D), (E), or (F) unless exempted pursuant to section 26.72.020(G) or (H). For the purposes of this section, "demolition" shall mean the total razing of any structure on an inventoried parcel which contributes to the historic significance of that parcel. "Partial demolition" shall mean the razing of a portion of any structure on an inventoried parcel or the total razing of any structure on an inventoried parcel which does not contribute to the historic significance of that parcel. B. Standards for review of demolition. No approval for demolition shall be granted unless the HPC finds that all of the following standards are met. 1. The structure proposed for demolition is not structurally sound despite evidence of the owner's efforts to properly maintain the structure; and 2. The structure cannot be rehabilitated or reused on site to provide for any reasonable beneficial use of the property; and 3. The structure cannot be practicably moved to another site in Aspen; and 4. The applicant demonstrates that the proposal mitigates to the greatest extent practical, the following: a. Any impacts that occur to the character of the neighborhood where demolition is proposed to occur. b. Any impact on the historic significance of the structure or structures located on the parcel and adjacent parcels. 70 c. Any impact to the architectural character and integrity of the structure or structures located on the parcel and adjacent parcels. C. Standards for review of partial demolition. No approval for partial demolition shall be granted unless the HPC finds all of the following standards are met: 1. The partial demolition is required for the renovation, restoration or rehabilitation of the structure, or the structure does not contribute to the historic significance of the parcel; and 2. The applicant has mitigated, to the greatest extent possible: a. Impacts on the historic significance of the structure or structures located on the parcel by limiting demolition of original or significant features and additions. b. Impacts on the architectural character or integrity of the structure or structures located on the parcel by designing new additions so that they are compatible in mass and scale with the historic structure. D. Standards for review of off-site relocation. No approval for off-site relocation shall be granted unless the HPC finds that all of the following standards are met: 1. The structure cannot be rehabilitated or reused on its original site to provide for any reasonable beneficial use of the property; and 2. The relocation activity is demonstrated to be the best preservation method for the character and integrity of the structure, and the historic integrity of the existing neighborhood and adjacent structures will not be diminished due to the relocation; and 3. The structure has been demonstrated to be capable of withstanding the physical impacts of the relocation and re-siting. A structural report shall be submitted by a licensed engineer demonstrating the soundness of the structure proposed for relocation; and 4. A relocation plan shall be submitted, including posting a bond or other financial security with the Engineering Department, as approved by the HPC, to insure the safe relocation, preservation and repair (if required) of the structure, site preparation and infrastructure connections. The receiving site shall be prepared in advance of the physical relocation; and 5. The receiving site ts compatible in nature to the structure or structures proposed to be moved, the character of the neighborhood is consistent with the architectural integrity of the structure, and the relocation of the historic structure would not diminish the integrity or character of the neighborhood of the receiving site. An acceptance letter from the property owner of the receiving site shall be submitted. E. Standards for review of on-site relocation. No approval for on-site relocation shall be granted unless the HPC finds that the standards of Section 26.72.020(D)(2), (3), and (4) have been met. If the structure that is to be relocated does not contribute to the historic s~gnificance of the parcel, only standard 26.72.020(D)(2) must be met. F. Standards for review of temporary relocation. No approval for temporary relocation shall be granted unless the HPC finds that the standards of Section 26.72.020(D)(3) and (4) have been met. G. Exemption for structures within an "H," Historic Overlay District. The demolition, partial demolition, off-site relocation, on-site relocation, or temporary relocation of a structure located within an "H" Historic Overlay District, may be exempt 71 from meeting the applicable standards in Section 26.72.020(B), (C), (D), (E) or (F) if the HPC finds that the following conditions have been met: 1. The structure is not identified on the Inventory of Historic Sites and Structures. 2. The structure is considered to be noncontributing to the historic district. 3. The structure does not contribute to the overall character of the historic district, and that its demolition, partial demolition, off-site relocation, on-site relocation or temporary relocation does not impact the character of the historic district. 4. The demolition, partial demolition, off-site relocation, on-site relocation or temporary relocation is necessary for the redevelopment of the parcel. 5. The redevelopment or new development is reviewed by HPC pursuant to Section 26.72.010. H. Exemption for structures which d~ not contribute to the historic significance of an inventoried parcel. A structure which does not contribute to the historic significance of an inventoried parcel is exempt from meeting the standards of Section 26.72.020(D), off-site relocation and Section 26.72.020(F), temporary relocation. I. Procedure for review. A development application shall be submitted to the community development director before HPC approval of demolition, partial demolition, off-site relocation, on-site relocation, temporary relocation, or exemption which shall be reviewed and approved by the HPC pursuant to the procedures established in Common Procedures, Chapter 26.52. The HPC shall be authorized to suspend action on demolition, partial demolition, off- site relocation, or on-site relocation applications when it finds that it needs additional information to determine whether the application meets the standards of Section 26.72.020 or that the proposal is a matter of such great public concern to the city that alternatives to the demolition, partial demolition, off-site relocation or on-site relocation must be studied jointly by the city and the owner. Alternatives which the HPC may consider having studied shall include, bm not be limited to finding economically beneficial uses of the structure, removal of the structure to a suitable location, providing public subsidy to the owner to preserve the structure, identifying a public entity capable of public acquisition of the structure, or rewsion to the demolition, partial demolition, off-site relocation or on-site relocation and development plan. The HPC shall be required to specify the additional information il requires or the alternatives it finds should be studied when it suspends action on the demolition, partial demolition, off-site relocation, or on-site relocation application. Action shall only be suspended for the amount of time it shall take for the necessary information to be prepared and reviewed by the community development director, but m no case shall suspension be for a period to exceed six (6) months. J. Application for demolition, partial demolition, off-site relocation, on-site relocation, or temporary relocation. A development application shall include the following. Applications which affect a structure which does not contribute to the historic significance of the parcel shall only include the submission requirements listed in Section 26.72.020(J)(1), (2), and (5): 1. The general application information required in Section 25.62.030. 72 2. A written description of the structure proposed for demolition, pa~ial demolition, off-site relocation, on-site relocation, temporary relocation, or exemption, and its year of construction. 3. A report from a licensed engineer or architect regarding the soundness of the structure and its suitability for rehabilitation. 4. For demolition or off-site relocation only: An economic feasibility report that provides: a. Estimated market value of the property on which the structure lies, in its current condition, and after demolition or relocation. b. Estimates from an architect, developer, real estate agent or appraiser experienced in rehabilitation addressing the economic feasibility of rehabilitation or muse of the structure proposed for demolition or relocation. c. All appraisals made of the property on which the structure is located made within the previous two (2) years. d. Any other information considered necessary to make a determination whether the property does yield or may yield a reasonable return on investment. 5. For demolition, partial demolition, off-site relocation and on-site relocation only: A development plan and a statement of the effect of the proposed development on the other structures on the property and the character of the neighborhood around the property shall be submitted so that HPC is able to make a finding whether the applicable standards are metl In the case of a demolition or off-site relocation, the development plan will be reviewed as a Significant Development application, pursuant to Section 26.72.010. K. Application for demolition or exemption from demolition, partial demolition, off- site relocation, on-site reloqation, or temporary relocation. A development application for exemption shall include all items specified in Section 26.72.020(J)(1) and (2): L. Penalties. A violation of any portion of this Section 26.72.020 shall prohibit the owner, successor or assigns from obtaining a building permit for the affected property for a period of five (5) years from the date of such violation. The city shall initiate proceedings to place a deed restriction on the property to this effect to insure the enforcement of this penalty. (Ord. No. 17-1989, § 1; Ord. No. 9-1991, § I; Ord. No. 21- 1995, § l(part): Code 1971, § 7-602) 26.72.030 Insubstantial amendment of development order. A. An insubstantial amendment to an approved development order may be authorized by the community development director. An insubstantial amendment shall be limited to technical or engineering considerations, first discovered during actual development which could not reasonably be anticipated during the approval process. An insubstantial amendment shall be defined as a change in shape or location of a single window, awning, door, staircase or other feature on the structure or use of a material made by a different manufacturer that has the same quality and approximately the same appearance as originally approved. 73 B. All other amendments shall be approved by the HPC pursuant ~o Section 26.72.010 or 26.72.020, whichever is applicable. (Ord. No. 21-1995, § 1 (part): Code 1971, § 7-603) 26.72.040 Appeal and call up. A. Any action by the HPC in approving, approwng with conditions, or disapproving a development order or suspending action on a demolition, partial demolition, off-site relocation, or on-site relocation application or in rating a structure on the inventory ofhist0ric sites and structures may be appealed to the city council by the applicant or a landowner within three hundred (300) feet of the subject property within thirty (30) days of the decision. The reasons for the appeal shall be stated in writing, The city council may also call up for review any decision of the HPC approving, disapproving, or suspending action on a demolition, partial demolition, off-site relocation, or on-site relocation of any structure on the inventory of historic sites and structures by serving written notice on the HPC within fourteen (14) days of the HPC's decision and notifying the applicant of the call up. B. Within thirty (30) days after the date of a decision by the HPC which is appealed or called up by the city council, the council shall hold a public hearing after publishing notice pursuant to Section 26.52.060 (E)(3)(a). C. The city council shall consider the application on the record established before the HPC. The city council shall affirm the decision of the HPC unless the city council shall determine that there was an abuse of discretion, or a denial of due process by the HPC. Upon determining that there was an abuse of discretion or denial of due process, the city council shall be authorized to take such action as it shall deem necessary to remedy said situation, including but not limited to reversing the decision, altering the conditions of approval, changing the length of time during which action on a demolition, partial demolition, off-site relocation, or on-site relocation application has been suspended or the terms of the suspension, or remanding the application to HPC for rehearing. (Ord. No. 7-1989, § 2; Ord. No. 21-1995, § l(part): Code 1971, ~ 7-604) 26.72.050 Variances. The board of adjustment shall not take any action on a development application for a variance pursuant to Chapter 26.108, in the "H," Historic Overlay District. or development affecting a property listed on the Inventory of Historic Sites and Structures, without receiving a written recommendation from the HPC. (Ord. No. 21-1995, § l(part): Code 1971, § 7-605) 26.72.060 Minimum maintenance requirements. A. Purpose. The intent of this section is to reduce the incidence of "demolition by neglect." B. Requirements. All buildings and structures identified in the inventory of historic sites and structures as described in Section 26.76.090, and all structures located within a historic district, shall be maintained to meet the requirements of the Uniform Conservation Building Code (UCBC) and the Uniform Building Code (UBC). Said structures shall receive reasonable care, maintenance and upkeep appropriate for the 74 preservation, protection, enhancement, rehabilitation, reconstruction, perpetuation or use in compliance with the terms of this chapter. Every owner or his designated agent in charge of such building or structure shall keep in good repair: 1. All of the exterior portions of such improvements, 2. All interior Portions thereof which, if not so maintained, may cause or tend to cause the exterior portions of such improvements to deteriorate, decay or become damaged oF otherwise fall into a state of disrepair. The historic preservation commission, on its own initiative, may file a petition with the chief building official requesting that said official proceed under the provisions of this section to require correction of defects or repairs to any structure covered by this chapter so that such structure shall be preserved and protected in consonance with the purpose of this chapter. C. Demonstration of hardship. Any owner of a structure identified in the inventory of historic sites and structures which HPC and the chief building official finds requires such maintenance and repairs as described in t/tis section may make application requesting from the city council a one-time, no interest loan, in an amount not to exceed ten thousand dollars ($10,000.00), which the owner shail agree to pay back to the city within ten (10) years or when the property is sold or the title is transferred, whichever is the soonest. An extension of the payment period may be granted by the city council, following written request by the owner. To be eligible for the loan, the owner shall submit a written request to the community development director, which shall include a description of the proposed repairs necessary to maintain the historic structure and approximate costs for such repairs. The loan request shall also demonstrate economic hardship which previously prohibited these repairs and that the loan amount is the minimum necessary to maintained the structure. The loan request shall be considered by the city council. Any loan granted by the council shall be administered through the community development director, who shall obtain copies of bills from the owner substantiating all expenditures made to maintain the structure with monies obtained from the loan. D. Penalties waived. The general penalties for violations of the Aspen Municipal Code contained in Chapter 1.04, Section 1.04.080, shall not apply to violations of these minimum maintenance requirements. (Ord. No. 7-1989, § 2; Ord. No. 21-1995, § l(part): Code 1971, § 7-606) Section 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 5: 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. 75 Section 6: A public hearing on the Ordinance was held on the 6th day of October, 1998, at 4:30 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published once in a newspaper of general circulation within the City of Aspen. APPROVED by the Commission at its regular meeting on October 6, 1998: APPROVED AS TO FORM: APPROVED AS TO CONTENT: c~i[ty A~--~-~ey ~ J~mine Tygre, Vice- Char Pl~ing ~d Zoning Co~ission Attest: fkie Lothian, A[sistant City Clerk 76