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Home My WebLink Aboutresolution.apz.021-02 RESOLUTION NO. 21 (SERIES OF 2002) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE TEXT AMENDMENTS THAT AMEND MUNICIPAL CODE SECTION 26.222, DESIGN REVIEW APPEALS COMMITTEE. SECTION 26.308. VESTED RIGHTS; SECTION 26.310, AMENDMENTS TO LAND USE CODE AND OFFICIAL ZONE DISTRICT MAP; SECTION 26.314, VARIANCES; SECTION 26.316, APPEALS; SECTION 26.425, CONDITIONAL USE: SECTION 26.430, SPECIAL REVIEW; SECTION 26.435, ENVIRONMENTALLY SENSITIVE AREA; SECTION 26.440, SPECIALLY PLANNED AREA; SECTION 26.445, PLANNED UNIT DEVELOPMENT; SECTION26.450, TEMPORARY USE; SECTION 26.480, SUBDIVISION~ SECTION 26.500, COWOP; SECTION 26.520, ACESSORY DWELLING UNIS; AMENDING THE PUBLIC NOTICING REQUIREMENTS FOR PUBLIC HEARINGS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Departmem proposed an application for amendments to Title 26, the City of Aspen Land UseCode: and. WHEREAS, pursuant to Sections 26.310.040. the Planning and Zoning Commission. in accordance with the procedures, standards, and limitations of this Chapter, shall by resolution recommend that City Council approve, approve with conditions, or deny a Code Amendment application, after considering a recommendation by the Community Development Department and taking and considering public comments; and, WHEREAS, the Community Development Department initiated and reviewed an application for proposed code amendments to amend the public heating noticing requirements to require all land use public hearings, with the exception of minor HPC and GMQS applications: to be noticed in accordance with Land Use Code Section 26.304.060(E)(3)(a)(b)(c), Public Notice: pursuant to Land Use Code Section 26.310.040 and recommended approval; and, WHEREAS, the Planning and Zoning Commission conducted a public heating, considered the recommendation of the Community Development Director and took public testimony on the proposed Code Amendments; and, WHEREAS, the Planning and Zoning Commission finds that the Code Amendmem proposal meets or exceeds all applicable amendment standards and that the approval of the Code Amendment, ~s 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 pnblic health, safety, and welfare. Page: 3. of 7 WItEREAS, during a public heating on June 18, 2002, the Planning and Zoning Commission recommended, by a six to zero (6-0) vote, that the City Council approve the code amendments as proposed by the Community Development Department. NOW, THEREFORE, BE 1T RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Code Amendments application to amend the public heating noticing requirements to require all public heatings, with the exception of minor HPC and GMQS applications; to be noticed in accordance with Land Use Code Section 26.304.060(E)(3)(a)(b)(c), is approved as noted in the following sections: Section 2 That Section 26.222 of the Aspen Municipal Code shall be amended to read as follows: Section 26.222.070(B) Meetings~ hearings~ and procedure. All meetings of the Design Review Appeals Committee shall be open to the public, and project sites for specific appeals shall be required to post the property at least fifteen (15) days prior to the heating before the Committee. Heatings shall also require publication and mailing of notice pursuant to Section 26.304.060(E)(3)(a)(b)(c). Section 3 That Section 26.308 of the Aspen Municipal Code shall be amended to read as follows: Section 26.308.010(B)(1) Exemption from expiration of Vested Rights. The City Council may by resolution at a public hearing noticed by publication, mailing, and posting ?See Section 26.304.060(E)(3)(a)(b)(c)) approve an exemption of the expiration of vested rights in accordance with this Sectmn. Section 26.308.010(C) Extension or Reinstatement of Yested Rights. The City Council may by resolution at a public hearing noticed by publication, mailing, and posting (See Section 26.304.060(E)(3)(a)(b)(c)) approve an extension or reinstatement of expired vested rights or a revoked development order in accordance with this Section. 26.308.010{E) Revocation. The City Council may by resolution at a public heating noticed by publication, mailing to the applicant, and posting (See Section 26.304.060(E)(3)(a)(b)(c)) revoke a development order and associated vested rights upon a finding that: 1. The terms and conditions of the development order have not been met; or 97/05/2002 10:22~ 2. The development order is void within the meaning of Section 26.104.050 Section 4 That Section 26.310 of the Aspen Municipal Code shall be amended to read as follows: 26.310.020(B)(1) Amendments to the Land Use Code and Official Zone District Map: Procedure for amendment. Steps Required: Unless initiated by the City Council in accordance with subsection C below, two steps are required: (a) a public heating before the Planning and Zoning Commission, and (b) a public heating before the City Council. 1. Step One - Public Hearing before Planning and Zoning Commission. a. Purpose: To determine if application meets standards for amendment to code text or official zone district map. b. Notice requirements: Publication, Mailing, and Posting. (See Section 26.304.060(E)(3)(a)(b)(c)). 2. Step Two - Public Hearing before City Council. a. Purpose: To determine if application meets standards for amendment to code text or official zone district map. b. Notice reqmrements: Publication, Mailing, and Posting (See Section 26.304.060(E)(3)(a)(b)(c) in addition to the requisite notice requirements for adoption of an ordinance by City Council. Section 5: That Section 26.314 of the Aspen Municipal Code shall be amended to read as follows: 26.314.040{B) Variances: Standards applicable to variances. In order to authorize a variance from the permitted uses of Title 26, the appropriate decision making body shall make a finding that all of the following circumstances exist: 1. Notice by publication, mailing and posting of the proposed variance has been provided to surrounding property owners in accordance with Section 26.304.060(E)(3)(a)(b)(e). 26.314.050(C) Variances: Procedure for variance approval. Steps Required. One step is required to review an application for a variance: A public hearing before the appropriate decision making body. Page: 3 o{ 7 07/05/2002 10:22R Notice requirements: Publication, Mailing and posting (See Section 26.304.060(E)(3)(a)(b)(c)). Section 6: That Section 26.316 of the Aspen Municipal Code shall be amended to read as follows: 26.316.030(D) Appeals: Appeal Proeedures. Notice requirements. Notice of the appeal shall be provided by posting, mailing to the appellant and by publication to all other affected parties. (See Section 26.304.060(E)). Section 7: That Section 26.425 of the Aspen Municipal Code shall be amended to read as follows: 26.425.050(C) Conditional Use: Procedure for review. Notice requirements: Publication, mailing and posting (See Section 26.304.060(E)(3)(a)(b) & (c)). Section 8: That Section 26.430 of the Aspen Municipal Code shall be amended to read as follows: 26.430.050(C) Special Review: Procedure for special review approval. Notice Requirements: Publication. mailing, and posting (See Section 26.304.060(E)(3)(a)(b)(c)). Section 9: That Section 26.435 of the Aspen Municipal Code shall be amended to read as follows: 26.435.070{C) Environmentally Sensitive Area: Procedure for approval of development in ESA. Notice Requirements: Publication, mailing, and posting (See Section 26.304.060(E)(3)(a)(b)(c). Section 10: That Section 26.435 of the Aspen Municipal Code shall be amended to read as follows: 26,440.040(C)(1)(b), SPA. Procedures for Review. Steps Required: Unless coniolidated in accordance with subsection B above, four steps are required for the review and approval of an application for development within a Specially Planned Area (SPA): Step One - Hearing before the Planning and Zoning Commission. b. Notice requirements: Publication, mailing, and posting (See Section · 26.304.060(E)(3)(a)(b)(c). Page: 4 o,F 7 07/05/2002 ]0:22~ Step Two - Public Heating before City Council b. Notice requirements: Requisite notice requirements for adoption of a resolution by CitY Council and pUblication, posting and mailing. (See 26.304.0600g)(3)(a),(b), and (c). Step Three - Public Heating before the planning and Zoning Commissionl b. Notice requirements: Publication, posting and mailing. (See 26.304.0600g)(3)(a),(b), and (c).) Step Four - Public Heating before the City Council. b. Notice requirements: Requisite notice requirements for adoption of an Ordinance by City Council and publication, posting and mailing. (See 26,304.060(E)(3)(a),(b), and(C)) Section 11: That Section 26.445 of the Aspen MuniciPal Code Shall be muended to read as follows: 26.445.030(C) PUD: ProcedUres for Review. Steps Required: There are foUr steps required for the review of a PUD development plan. Consolidated and Minor PUD reviews require only steps three and four. Step'One - Conceptual Review be[ore Planning and Zoning Commission. Notice requirements: Publication, mailing, and posting (See Section 26.304.060(E)(3)(a)(b)(c).) Step Two - Conceptual Review before City Council ~- Public Hearing. Notice requirementsi Requisite notice requirements for adoption of a resolution by City Council and publication, posting, and mailing. (See 26.304.060(E)(3)(a),(b), and (c).) Step Three - Final Review before the Planning and Zoning COmmiSsion - l Notice requirements: Publicati°n, posting, and mailing. (See 26.304.060(E)(3) (a),(b), and (c).) Step Four- Final Review be. fore the City Council -- Public Hearing. Notice requirements: Requisite notice requirements for adoption of an ordinance by City Council and publication, posting, and I thailingl (See 2613041060(E)(3)(a),c0), and (C).) Section 12: That Section 26.450 of the Aspen Municipal code shall be amended to read as follows: 26.450.060 Temporary Use: Procedure for temporary use approval. The hearing before City council ~hali be preceded by timely notice (publication, posting and mailing) as sPecified in Section 26.3041060(E)(3)(a)(b) and (C), and all hearings shall be conducted in accordance with the procedures set forth in Section 26.304.060(C) of this Title. Section 13: That Section 26.480 of the Aspen Municipal Code shall be amended t° read as follows: 26.480.040(C)(1)(b) & 26,480.040(C)(2)(b) Subdivision: Procedures for review. Subdivisions Step One - Public Hearing before Planning and Zoning Commission b. Notice requirements: Publication, posting and mailing. (See 26.52.060(E)(3)(a)(b)(c)). Step Two - Public Hearing before City Council. b. Notice requirements: Publication, mailing, and posting in addition to the requisite notice requirements for adoption of an ordinance by City Council. Section 14: That Section 26.500 of the Aspen Municipal Code shall be amended to read as follows: 26.500,050(A) COWOP: Procedure. Community Development D~rector The Community Development Director shall provide notice to the public, including publication, posting and mailing, in accordance with Section 26.304.060(E)(3)(a)(b)(c).) 26.500.050(E) COWOP: Procedure. City Council Adoption of Ordinance City Council upon receipt of the report an proposed ordinance from the Community Development Director shall approve, approve with conditions, or disapprove an ordinance granting a development order for the proposed development. The review shall be a public hearing for which notice has been published, posted, and mailed, pursuant to Section 26.30.060(E)(3)(a)(b)(c).) Section 15: That Section 26.520 of the Aspen Municipal Code shall be amended to read as follows: 26.520.080(D) Accessory Dwelling Units: Procedure Special Review The Special Review shall be considered at a public hearing for which notice has been published, posted and mailed, pursuant to Section 26.304.060(E)(3)(a, b, and c). Section 16: All material rePresentations and commitments made by the applicant pursuant to the Code Amendment approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such Code Amendment approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 17: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances rePealed or amended as herein provided, and the same shall be conducted and concluded under such. prior ordinances. Section 18: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unc0nstitutional iE: a 9purr of~cqmpetant jurisdiction, such portion shall be deemed a seParate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Approved by the Commission at its regular meeting on June 18, 2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City-Attorney xJ Jasmine Tygre, Chair (/ L)~ -- ATTEST: DeputyCity Clerl~