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Home My WebLink Aboutresolution.apz.042-00 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE AMENDMENTS TO THE TEXT OF THE CITY OF ASPEN LAND USE CODE. Resolution No. 00-42 WHEREAS, the Planning and Zoning Commission proposed amendments to the text of the Land Use Code, as described herein, pursuant to Section 26.212; and, WHEREAS, the amendments proposed relate to Sections 26.210, 26.304, 26.435, 26.470, 26.480,.26.510, 26.575, and 26.590 the Land Use Code of the Aspen Municipal Code; and, ' WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Planning Director and then by the Planning and Zoning Commission at a public heating. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Planning Director recommended approval of amendments to the Land Use Code, as described herein; and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed Land Use Code amendments on September 5, 2000, continued the hearing to October 3, 2000, took and considered public testimony and the recommendation of the Planning Director and recommended, by a five to zero (5-0) City Council adopt the proposed amendments the text of the Land Use Code, as described herein. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Aspen City Council amend the Land Use Code of the Municipal Code, as follows: Section 1: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.210.020- Community Development D~partment Jurisdiction, Authority, and Duties - b ' ~:~: language as follows: y adthng and ....... ng B. 14. To initiate amendments to the text of this Title or to the Official Zor,,. District Map, pursuant to Chapter 26.310. .~ .15. To administer the land use application review fee policy, bill applica.l,~ according to said policy, to take such actions deemed necessary in withholding development orders or issuing stop work orders upo,, nonpayment of review fees, and to waive any fees, or portions thereof, upo. request according to said policy. P&Z Reso 00-42, page 1 Section 2: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.312.020(C). Nonconforming Uses Extensions - by _dding and ....... e language as follows: C. Extensions/Expansions. Nonconforming uses shall not be extended or expanded. This prohibition shall be construed so as to prevent: 1. Enlargement of nonconforming use by addKqov3-m ~ the area within a cf +~.c structure in which such nonconforming uses are located; or 2. Occupancy of additional lands; or, 3. Increasin~ the size, considering all dimensions, of a structure in which g nonconforming, use is located Section 3: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.312.020(G) - Nonconformming uses demolition or destruction - by addin and ?:~-:n follows: g .... ~ ~oa~guage as 1. Ability to restore. Any nonconforminE use not associated with a stmctm~, may not be restored after discontinuance period of more than 30 days. Any nonconforming use located in a structure which is purposefully demolished. pursuant to the definition of Demolition, may not be continued or restored. Any nonconforming use located in a structure which is purposefully partially demolished, pursuant to the definition of Partial Demolition, ma,/be restored as of right within twelve (12) months of the date of partial demolitio,,. Section 4: Pursuant to Section 26.3 I0 of the Municipal Code, the Aspen ?l~ing and Zoning Commission hereby recommends City Council amend Section 26.316.020(B) - Interpretations - by a ' dding and .....mg language as follows: 1. An interpretation to the text of this Title or the boundaries of the zone district map by the Community Development Director in accordance with Chapter 26.312. 306: P&Z Reso 00-42, page 2 Section 5: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.316.020. - Appeals Authority - b' y adding and .......~ language as follows: F. Action by the decision-making body hearing the appeal. The decision-making body authorized to hear the appeal shall follow the general hearing procedures set forth at Section 26.304.060(C). The decision-making body hearing the appeal may reverse, affirm, or modify the decision or determination appealed from, and, if the decision is modified, shall be deemed to have all the powers of the officer, board or commission from whom the appeal is taken, including the power to impose reasonable conditions to be complied with by the appellant. The decision shall be ~" ~,;~tL':g. ~tpproved by written resolution. Section 6: Pursuant to Section 26;310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.435.010 - Environmentally Sensitive Areas Purpose - by gdding and s~!Idng language as follows: Certain land areas within the city are of particular ecological, environmental, architectural or scenic significance and all development within such areas shall be sub' ~-'~;~ ' · ,Ject to ~v ..... heightened review procedures and standards as set forth in this Chanter ~.n -" ...........~ ......... ,~- ....Re;5:::9. These areas shall be known as Environmentally Sensitive Areas (ESA) and shall include the following: (No changes thereafter.) .Section 7: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.435.030 - 8040 Greenline Review - by adding and s~P3ng language as follows: A. Applicability. The provisions of 8040 greeniine review shall apply to all development located at or above 8040 feet above mean sea level (the 8040 greeniine) in the City of Aspen, and all development within one hundred fifty (150) feet below the 8040 greeniine, unless exempted pursuant to Section 26.435.030 (B). Development on land located in the R-15B Zone District is not subiect to the 8040 Greenline Review. Section 8: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.470.070 D (5)(a) - Growth Management Exemptions for Historic Landmarks - by adding and s~iking language as follows: -' P&Z Reso 00-42, page 3 4. Any affordable housing shall complY with the standards for affordable housing set forth a~,o~g6~g0~ .in the Aspen/Pitkin County Affordable Housin Guidelines. Section 9: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.470.070 - Growth Management Exemptions - by .adding and str!!c:ng language as follows: O. Reserved. ,,T~,~,,,~,~_.,, ,~ . · ' . "' ....... ~ ......... o ..................r ....... 0fan .$eetion JO: ?ursuant to Section 26.310 of the M~dcipal Code, the Aspen ?l~uing and Zoning Co~mission hereby recom~nends City Council amend Section 26.470.080(C)(2)(b)(l) _ 26.420.080 - growth management exemption procedures - by adding and s~iking language by a ' -~'-:~-: ..dd~ng and .....ng language as follows: g. The method by which affordable housing will be provided, in conformance with the provisions of 8~tio~36,~44~0 the Aspen/Pitldn County Affordable Housin Guidelines., and a description of the type and amount of such housing to be provided. Section 11: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.480.030(A)(2) - Lot Split Subdivision Exemptions -by addin~ and str/!d::g language as follows: b. No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section .......... ,.-~,~)(c) 26.470.070(B), Section 12: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.480.090- Condominiumization Procedures - bv addim, ~n,t ~*~:~:~,~ language as follows: P&Z Reso 00-42, page 4 B. Pro. cedure. A development application for a condominiumization shall be reviewed and anoroved, approved.with conditions, or denied by the Community Development Director, pursuant to the procedures and standards in this section and Common Development Review Procedures set forth at Chapter 26.304. No condominiumization shall be approved by the Communit~ Development Dir~cto~ unless compliance with all application portions of this Section, applicabl~, portions of this Chapter, and applicable portions of this Title are demonstrated. Section 13: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.510.040 - Prohibited Signs - by ad ' ~-;~-:- ding and ........ g language as follows: R. Street Blimps. Parked or traveling cars used prlm~rilv for advertising, sometimes referred to as "street blimps," are prohibited. Vehicle signa~e incidental to th,. vehicle's primary use is exempt. Section 14: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.575.020(B) - Building Heights - by adding and s_~'a2:Lag language as follows: d. Chimneys, Antennas and Other Appurtenances. Antennas, chimneys, flues, vents or s'.nnilar structures shall not extend over ten (10) feet above the specified maximum height limit, except for roofs with a pitch of 8:12 or greater, these elements may not extend more than two (2) feet above the ridge. Water towers, .solar panels, and mechanical equipment shall not extend over five (5) feet above the specified maximum height limit. Church spires, bell towers and like architectural projections, as well as flag poles, may extend over the specified maximum height limit. Section 15: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.575.030(A) - Standards for Open Space - by ad ' ~,,a~,; dmg and ..... ng language as follows: 10. Commercial Restaurant Use. The provisions above notwithstanding, required open space may be used for commercial restaurant use if the Planning and Zoning Commission s?21 determine.s, by Special Review (see Chapter 25.430)~ that such use is compatible with or enhances the proposes of these open space requirements ,, and that adequate pedestrian and emergency vehicle access will be maintained. 1 I. Trellis structures. Trellis structures within required open space shall only be proposed in conjunction with commemial restaurant uses on a designated Historic Landmark or within (H) Historic overlay zones and must be approved by the Historic Preservation Commission pursuant to review requirements contained in P&Z Reso 00-42, page 5 Chapter 26.415 and the Community Development Director pursuant to Section 26~470.060(A)(2)(a)(1). Such approved structures shall not be considered as floor area or a reduction in open space on the parcel. Section 16: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.575.050 - Fences - by .adding and :~il'.'.'ng language as follows: Fences shall be permitted in every zone district provided that no fence shall exceed six (6) feet above natural grade 9r as otherwise regulated by the Residential Design Standards (see Chapter 26.410). Fences visible from the public right-of-way shall be constructed of wood, stone, wrought iron or masonry. On corner lots, no fence, retaining wall, or similar object shall be erected or maintained which obstructs the traffic vision, nor on comer lots shall any fence, retaining wail, or similar obstruction be erected or maintained which exceeds a height of forty-two (42) inches, measured from street grade, within 30 feet from the paved or unpaved roadway. Plans showing proposed construction, material, location and height shall be presented to the building inspector before a building permit for a fence is issued. Additionally, foliage shall be placed and maintained so that it will not obstruct vehicular visibility at intersections. Section 17: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.590.010(D) - Timeshare Contents orA lication b addin PP Y _ g and ~ ...... g language as follows: 7. A disclosure statement as is more particularly described in Section 2~.$~°.0S9(C)(! 4) 26.590.010(C)(19)(a)(14); Section 18: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.530.060 - Rental and Resale restrictions for Multi-Family Housing replacement - by adding and language as follows: 26.530.060 ~ Resale restrictions. Replacement units shall be deed restricted in a form and substance compliant with Affordable Housm Gmdehnes established b the As en/Pitldn Coun Housin ~ ' '. Such deed restricted units may only be ~ o~ sold to t~amms-o~ buyers, v,~c .... *~'~ ~:*,,'~ ~u~+~^-,~ ;,. ~a,~+ ~+ er r:ntal, and at sale prices ~r r:nta! r~z ',v~i:k ar~ al,~u in compliance with the c~;. current r-~atat4m~ .Affordable Housing Guidelines established by the Aspen/Pitkh, County Housing Authority. The owner skmll may be entitled to select purchasers, subject to the aforementioned qualifications, .with approvai from the Aspen .Pitkin County Housing Authority. m~,~ mix ^~ ~e~.~,~ u^.,~: ..... ;.~ ~ ~,^~ P&Z Reso 00-42, page 6 Section 19: P~s~t to Section 26.310 or,he M~cip~ Code, ~e Aspen Pl~ng ~d Zoning Co~issio~ hereby reco~ends City Co~cil ~end Section 26.470.080(B)(3)(d) _ proeea~es xor reviewing projects eligible for ~ exemption bom the scoring ~d competition of gro~h m~agemant by City Co,cji, by ~ ~d ~d:L~g l~guage as follows: d. Ci~ Council Review. An application for a lot split or conversion of ~es~.dentml recons~ct~on credits to to~is~ acco~odation ~ shall not be rewewed by the ~o~ M~agement Commission, but instead sh~l be founded direc~y to ~e Ci~ Co~cil for consideration. O~er ~ ~ application for a lot split ' · · · . or conversion ofres~dantml recons~c~on credits to ~o~ist acco~o~tio. ~ts, ~ application for renew by CiW Co~cil requires a ~o step process. Exemption requests for essenti~ public facilities or for accesso~ uses in a mixed- use development sh~l req~re review by ~he ~o~ M~agement Co~ission ~d fin~ review by ~he Ci~ Co~cil. Exemption requests for ~fordable housing or for bee m~ket residan~, ~ associated developments sh~l req~re review by the Housing Bo~d ~d fin~ review by ~e City Co,oil. ~en ~wo steps ~e req~red, ~e follo~ng proced~es m~t be a~ered to: Section 20: P~su~t to Section 26.310.050 of~e M~cip~ Code, ~he adoption of ~s resolu~on by the Plying ~d Zon~g Co~ission sh~l be considered a pending or~n~ce. ~PROVED by ~e Co~ission d~ing a public he~ing on October 3, 2000. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: ~ty Attorney ATTEST: //~c 'e Loth/an, Deputy City Clerk C:\home\Chris\CASES\land use codex 10_3_reso.doc P&Z Reso 00-42, page 7