HomeMy WebLinkAboutresolution.apz.004-02 RESOLUTION NO. 04
(SERIES OF 2002)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR A
CODE AMENDMENT TO THE FOLLOWING SECTIONS: SECTION 26.104.100,
DEFINITIONS; SECTION 26.222.070(B), DRAC MEETINGS, HEARINGS AND
PROCEDURES; SECTION 26.304.060(E)(3), PUBLIC NOTICE; SECTION
26.312.030 (F)(2), NONCONFORMING STRUCTURES/USES: SECTION
26.410.040(B)(1), SECONDARY MASS; SECTION 26.440.070(B), SPECIALLY
PLANNED AREA AGREEMENT AND RECORDATION; SECTION
26.445.070(A), RECORDING A PLANNED UNIT DEVELOPMENT PLAN;
SECTION 26.480.030(A)(2)(E), SUBDIVISION EXEMPTIONS; SECTION
26.480.070, SUBDIVISION AGREEMENT; SECTIONS 26.510.040(E), 26.510.060
& 26.510.080(C), SIGNS; SECTION 26.610.020(D), PARK DEVELOPMENT
IMPACT FEE: AND SECTION 26.610.080, PARK DEVELOPMENT IMPACT FEE,
AFFORDABLE HOUSING, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Developmem Department initiated code
amendment changes to the above cited sections; and
WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning
Commission, in accordance with the procedures, standards, and limitations of this
Chapter, shall by resolution approve, approve with conditions, or deny a Code
Amendment application for Amendment to the Land Use Code and Official Zone District
Map, after recommendation by the Community Development Department pursuant to
Section 26.430.020; and,
WHEREAS, the Community Development Department reviewed the Code
Amendments to the above cited sections pursuant to Section 26.310.040 and
recommended approval; and,
WHEREAS, the Planning and Zoning Commission conducted a public hearing,
considered the recommendation of the Community Development Director and took
public testimony for the Code Amendments cited above; and,
WHEREAS, the Planning and Zoning Commission fmds that Code Amendments
meet or exceed all apphcable amendment standards and that the approval of the Code
Amendments, are consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
WHEREAS, during a public hearing on January 29, 2002, the Plam~ing and
Zoning Commission recommended, by a six to zero (6-0) vote, the City Council approve
the amendments to Section 26.104.100, Definitions; Section 26.222.070(B), DRAC
Meetings, Hearings and Procedures; Section 26.304.060(E)(3), Public Notice; Section
26.312.030 (F)(2), Nonconforming Structures/Uses; Section 26.410.040(B)(1),
Secondary Mass; Section 26.440.070(B), Specially Planned Area Agreement and
Recordation; Section 26.445.070(A), Recording a Planned Unit Development Plan;
Section 26.480.030(A)(2)(e), Subdivision Exemptions; Section 26.480.070, Subdivision
Agreement; Sections 26.510.040(E), 26.510.060 & 26.510.080(C), Signs; and Section
26.610.020(D), Park Development Impact Fee as proposed by the Community
Development Department.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Code Amendment sections initiated by the Community Development Department are
approved as noted below:
Section 26.104.100, Definitions:
Awning. A roof-like cover that projects not less that three (3) feet and not more
than five (5) feet from the wall of a building for the purpose of shielding a
doorway or window from the elements.
canopy. A roof-like cover that projects more than five (5) feet from the wall of a
building.
Section 26.222.070(B)~ Meetings, hearings and procedures:
B. All meetings of the Design Review Appeal Committee shall be open to
the public, and project sites for specific appeals shall be required to post the
property at least fifteen (15) days prior to the hearing before the Committee.
Section 26.304.060(E)(3)~ Public Notice:
b. Posting of notice. Posting of notice shall be made by the applicant, who
shall obtain a copy of the form from the Community Development Department.
The notice shall be posted at least fifteen (15) days prior to the public heating, 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 t;venty-two (22) inches wide and twenty-six (26) inches high, and shall
be composed of letters not less than one inch in height.
c. Mailing of notice. Mailing of notice shall be made by the applicant, who
shall obtain a copy of the notice from the Community Development Department.
The mailing shall contain that information described in Section 26.304.060(E)(2).
At least fifteen (15) days prior to the public hearing, notice shall be sent by first
class, postage prepaid U.S. mail, or hand delivered, to all owners of property
within three hundred (300) feet of the property subject to the development
application. The names and addresses of property owners shall be those on the
current tax records of Pitkin County as they appeared no more than sixty (60)
days prior to the date of the public hearing.
f. Notice to Mineral Estate Owner. An applicant for surface development
shall notify affected mineral estate owners by at least thirty (30) days prior to
the date scheduled for the initial public hearing on the application for
development. The applicant shall certify that notice has been provided to the
mineral estate owner.
Section 26.312. 030(F)(2), Nonconforming structures~ AbilitF to Restore:
F. Ability to Restore.
1. Non-purposeful destruction. Any non-conforming structure which
is demolished or destroyed by an act of nature, or through any manner not
purposefully accomplished by the owner, may be restored as of right if a building
permit for reconstruction is issued within twenty four (24) months of the date of
demolition or destruction.
2. Purposeful destruction. Any non-conforming structure which is
purposefully demolished or destroyed may be replaced with a different structure
only if the replacement structure is in conformance with the current provisions of
this Title, or unless replacement of the non-conformity is approved pursuant to the
provisions of Chapter 26.430, Special Review. Any structure which is non-
conforming in regards to the permitted density of the underlying zone district may
maintain that specific non-conformity only if a building permit for the
replacement structure is issued within twelve (12) months of the date of
demolition or destruction.*
*A duplex or two single-family residences on a substandard parcel in a zone
district permitting such use is a non-conforming structure and subject to non-
conforming structure replacement provisions. Density on a substandard parcel is
permitted to be maintained but the structure must comply with the dimensional
requirements of the code including single-family floor area requirements.
Section 26.410.040(B)(1)~ Building Form~ Secondar~ Mass:
1. Secondary Mass. All new structures shall locate at least 10% of their
total square footage above grade in a mass which is completely detached from the
principal building, or linked to it by a subordinate connecting element. Accessory
buildings such as garages, sheds, and Accessory Dwelling Units are examples of
appropriate uses for the secondary mass.
A subordinate linking element for the purposes of secondary mass shall be
defined as an element not less than six (6) feet in width and ten (10) feet in length
with a plate height of not more than nine (9) feet.
Section 26.440. 070(B), SPA agreement and recordation:
B. Recordation of final development plan. The final development plan, which
shall consist, as applicable, of final drawings depicting the site plan, landscape
plan, utility plan and building elevations, and specially planned area (SPA)
agreement shall be recorded in the office of the Pitkin County Clerk and
Recorder, and shall be binding upon the property owners subject to the
development order, their successors and assigns, and shall constitute the
development regulations for the property. Development of the property shall be
limited to the uses, density, configuration, and all other elements and conditions
set forth on the final development plan and SPA agreement. Failure on the part of
the applicant to record the final development plan and SPA agreement within a
period of one hundred and eighty (180) days following its approval by City
Council shall render the plan invalid and all associated vested rights shall expire.
The Community Development Director may extend the recordation deadline if the
request is within the vesting timeline and if there is a community interest for
providing such an extension. The Community Development Director may
forward the extension request to the Planning and Zoning Conunission.
Section 26.445.070(A), Recording a Final PUD Development Plan:
A. General. Unless otherwise specified in the City Council Ordinance
granting final approval of a PUD development plan, all necessary documents, as
applicable, shall be recorded within one-hundred-and-eighty (180) days of the
adoption date of the final Ordinance. Failure to file these documents within this
time period shall render null and void the approval of a final development plan.
The Community Development Director may extend the recordation deadline if the
request is within the vesting timeline and if there is a community interest for
providing such an extension. The Community Development Director may
forward the extension request to the Plmming and Zoning Commission.
Reconsideration of the final development plan and PUD agreement by the
Planning and Zoning Commission and City Council may be required before its
acceptance and recording~
Section 26.480.030(2)(E), Lot Split:
e. The subdivision exemption agreement and plat shall be recorded in the
office of the Pitkin County Clerk and Recorder. Failure on the part of the
applicant to record the plat within one hundred eighty (180) days following
approval by the City Council shall render the plat invalid, The Community
Development Director may extend the recordation deadline if the request is within
the vesting timeline and if there is a community interest for providing such an
extension. The Community Development Director may forward the extension
request to the Planning and Zoning Commission.
Section 26.480.070(E), SUbdivision Agreement, Recordation:
E. Recordation. The subdivision agreement and plat shall be recorded in the
office of the Pitkin County Clerk and Recorder. Failure on the part of the
applicant to record the plat within a period of one hundred eighty (180) days
following approval by the City Council shall render the plat invalid. The
Community Development Director may extend the recordation deadline if the
request is within the vesting timeline and if there is a community interest for
providing such an extension. The Community Development Director may
foi-ward the extension request to the Plarming and Zoning Commission. The
subdivision plat shall als0 be submitted in a digital format acceptable to the
Community Development Department, for incorporation into the City/County
GIS system. The one hundred eighty (i 80) day recordation requirement contained
herein shall not apply to the recording of Condominium maPs, or declarations or
any other documents required to be recorded to accomplish a condominiumization
in the City of Aspen.
Section 26.510.040(E), Determination of Compliance:
E. Determination of compliance.
After reviewing the application and determining its compliance and consistency
with the purposes, requirements and standards in this Chapter, the Community
Development Director shall approve, approve with conditions or deny the
development application for a sign permit.
Section 26.510. 060i S(gn SetbaCk:
Signs are not subject to the setback requirements of the zene district where they
are located.
Section 26.510.080(C), Graphic Designs: Section has been eliminated.
Section 26.610.020(D), Park Impact Feel Applicability: Section has been
eliminated.
Section 26. 61 O. 080~ Affordable Housing
Whenever the city council shall have determined that any part of a
proposed development constitutes an affordable housing development and wishes
to subsidize its construction, the city council may exempt that part of the
development from the application of the park development impact fee, or reduce
by any amount the fees imPosed by this section.
Section 2:
All material representations and commitments made by the applicant pursuant to the Code
Amendment approval as herein awarded, whether in public heating or documentation
presented before the planning and Zoning Commission or City Council, are hereby
incorporated in such Code Amendment approvals and the same shall be complied with as if
fully set forth herein, unless amended by an authorized entity.
Section 3:
This Resolution shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, dist'mct and independent provision and shall not affect the
validity of the remaining portions thereof.
Approved by the Commission at its regular meeting on January 29, 2002.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
Ci~ A~--~-~--ey v Jasmine Tygre, Chair
ATTEST:
(~ckie Lothian,~)eputy City Clerk