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HomeMy WebLinkAboutordinance.council.019-73RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 19 (Series of 1973) AN ORDINANCE ESTABLISHING M~NDATORY BUILDING PERMIT REVIEW PROCEDURES PENDING ADOPTION OF A NEW ZONING ORDINANCE AND NEW ZONING DISTRICT MAP; DESIGNATING USES EXCEPTED FROM REVIEW; ESTABLISHING REVIEW CRITERIA; PROVIDING FOR DESIGNATION OF ADDITIONAL EXCEPTED USES AND REVIEW CRITERIA; AND SETTING A TERMINATION DATE OF ONE YEAR FROM THE EFFECTIVE DATE. WHEREAS, the Aspen City Planning Commission pursuant to its authority granted in Section 139-59-1, et seq., of the Colorado Revised Statutes has presented to the Aspen City Council the 1973 Aspen General Land Use Plan, consisting of a land use map and text~ and incorporating its recommendations for amendments to Aspen's Zoning Code and its zoning district map; and WHEREAS, the adoption by the City of Aspen of these recom- mendations will contribute toward the control of growth, will balance and correlate land uses and transportation facilities, will provide residential areas for permanent residents, broaden the economic base of the community, accomplish a harmonious development of the city in accordance with present and future needs and promote the health, safety, convenience, prosperity, and general welfare of the community, and WHEREAS, the objectives and purposes of the anticipated land use changes will be defeated if building permits issue for future structures and uses inconsistent with the commission recommendations prior to adoption of a new zoning code and zoning district map; and the issuance of permits only in accordance with anticipated changes will aid in the orderly and efficient adoption of a new code and map. NOW~ THEREFORE~ BE IT ORDAINED BY THE CITY COUNCIL OF ASPEN, COLORADO: RECORD OF PROCEEDINGS 100 Leaves Section 1. Purposes. health, safety, The purpose of this ordinance is to promote the order~ convenience~ prosperity and general wel- fare of the residents of the City of Aspen by establishing a building permit review procedure which will allow the issuance of permits for structures and uses consistent with the land use changes recommended to the City of Aspen by the Aspen City Planning Commission, which building permit review procedure is to remain in effect for a period of time sufficient to incor- porate the recommendations into the Aspen Zoning Code and Zoning District Map. Section 2. I. Building Permit Review Procedure. No building permit shall issue from the effective date of this ordinance, for other than excepted uses, until the following review procedure has been complied with and approval granted all as provided herein: A. Ail plans for development shall be submitted to the Aspen Planning and Zoning Commission for its review and approval as follows: 1. Conceptual presentation: Ail applicants for a building must first make to the Aspen Planning and Zoning Commission a conceptual or sketch plan presentation describing the objectives of the proposed development. Such presentation shall be in writing, with an accom- panying oral presentation at the election of the applicant. The applicant shall include a site plan, state the number of units to be developed, and describe how the intended development complies with the use recommendations of the 1973 Aspen General Land Use Plan and satisfies all review criteria pertaining to the land use category in which the development will take place. RECORD OF PROCEEDINGS 100 Leaves 2. Preliminary design presentation: After approval of the concept is given, applicants shall make a preliminary design presentation consisting of a final site plan, schematic design drawings, preliminary elevations~ and, at the election of the applicant or at the request of the Commission, a building model. 3. Final presentation: Upon approval of the pre- liminary design, all development plans and drawings must be submitted for final approval prior to sub- mission to the building inspector's office of working drawings for issuance of a building permit. 4. Any applicant may simultaneously make a Preliminary design presentation and a Final presentation, provided~ however, that all applicants must make a conceptual presentation prior to a Preliminary design presentation and Final presentation, and independent thereof. B. Prior to any presentation to the Planning and Zoning Commission, all applicants must pay an estimated building permit fee, which fee shall not be refundable, except as follows: 1. If the development is disapproved at or after the conceptual presentation but prior to the prelimi- nary design presentation, 75% of any estimated building permit fee paid shall be refunded. 2. If the development is disapproved at or subsequent to the preliminary design presentation but prior to the final presentation, 50% of any estimated building permit fee paid shall be refunded. 3. If the development is disapproved at or subsequent to the final presentation, 25% of any estimated building permit fee shall be refunded. RECORD OF PROCEEDINGS 100 Leaves cant C. Prior to the Preliminary design presentation the appli- shall obtain written comment from the following agencies: 1. From the water, electric and gas utilities and sewer districts concerning the availability of these utilities and services; 2. From the Aspen fire department concerning the feasibility of supplying adequate fire protection services to the development; 5. From the city engineer concerning access, cir- culation, the necessity of street improvements and utility easements, considerations; 4o From the local drainage, and other engineering school authorities describing the probable impact on enrollment by the development. Provided, however, that none of the above information is required if the applicant is subject to subdivision regulation. D. The planning and Zoning Commission shall approve or disapprove (or approve subject to conditions) the intended development after each presentation or plan submission and within 30 days of each such presentation or plan submission. Approval, conditional approval or disapproval shall be in accordance with the use recommendations of the 1973 Aspen General Land Use Plan, consisting of a map and text which, for purposes of the review procedures, are hereby made a part of this ordinance, and with the review criteria hereby established or additions or amendments thereto. Approval at any stage shall not preclude disapproval at any later stage of the review procedure provided, however, that approval of development plans and drawings will be final. (4) RECORD OF PROCEEDINGS 100 Leaves E. In the event of disapproval the reasons for disapproval shall be given in writing to the applicant by the building inspector who must then deny any building permit application made for such development. An applicant may not reapply without demonstrating a substantial change in the development proposal or in the uses permitted in the land use category in which the development will occur. II. Pendin~..Applications. Any application for a building per- mit pending at the effective date of this ordinance shall be exempt from the provisions of this ordinance providing that a permit is ultimately issued on said application. Provided, further, that an application shall not be deemed to be pending for the purposes of this ordinance if the applicant is subject to subdivision regulation and such subdivision has not received final approval and the subdivision plat has not been recorded on the effective date of this ordinance. III. ~pted Uses and Review Criteria. These are hereby designated excepted uses to which the building permit review procedures above described shall not apply nor shall a permit be denied under this ordinance for said uses. There are hereby further adopted review criteria and considerations which, with the use recommendations of the 1973 Aspen General Land Use Plan, shall be applied in the review procedures established by this ordinance. The Planning and Zoning Commission is authorized to recommend the adoption of additional excepted uses and review criteria, or modifications to those herein contained, for application in the review procedure, provided, however, that such additional excepted uses and review criteria must, prior to their application, be approved by the City Council by ordinance. (s) RECORD OF PROCEEDINGS 100 Leaves A. Central Area: within that area designated on the 1973 Aspen general land use map as "Central Area": 1. The following uses shall be exempt from review (except in those areas between Garmisch and Monarch Streets and Hunter and Original Streets):antique shop, appliance store, restaurants, art supply store, art gallery, bakery, bookstore, camera shop, candy, tobacco or cigarette store, catalogue store, clothing store, decorator shop, florist shop, furniture store, gift shop, hobby shop, jewelry shop, job printing shop, key shop, pet shop, photography shop and sporting goods store. 2. Provided, however, that all lot and yard require- ments and building heights are subject to review during which the following factors are to be considered: the preservation of views of Aspen and Shadow mountains; the reduction of building bulk and lot coverage, with allowances for greater height in exchange for reduced lot coverage; and providing for plazas. 3. Off street parking requirements are subject to modification both as to placement and number of spaces required, to better suit the terrain of the development site, and to ensure adequate off street parking as determined by the use of the property, the walking distance to the downtown area and the availability of public transportation, both existent and planned. 4. It is the purpose of the review procedure to encourage the following: (a) the preservation of those buildings and sites recommended by the Aspen Historic Preser- vation Committee for Historic Designation: (6) RECORD OF PROCEEDINGS 100 Leaves (b) that tourist related uses be loc~'ted in the existent pedestrian mall or extensions thereof; (c) the placement of professional office buildings in the fringe of the Central Area; (d) the mixing of land uses resulting in the integration of compatible uses that result in constant activity in the Central Area; (e) the preservation of views of Aspen and Shadow mountains and Independence Pass; (f) the development of the Central Area as a pedestrian dominant rather than auto oriented area. B. Recreations/Accommodations: within that area designated on the 1973 Aspen general land use map as ,,Recreations/Accom- modations'': 1. The following uses are exempt from review: single family detached residences with 6,000 square feet or greater lot area; and accessory buildings. 2. Ail buildings not subject to subdivision regu- lation are subject to review of the following con- siderations: (a) access the width of the street, its grade, intersection safety, visibility and lot entrance must be such as to provide adequate access. (b) fire protection - must be sufficient so protection. (c) water pressure - access and water pressure as to ensure adequate fire the water pressure must be sufficient to supply domestic use and to ensure adequate fire protection. (7) RECORD OF PROCEEDINGS 100 Leaves (d) building bulk and height the reduction of building bulk and lot coverage with allowances for greater height in exchange for reduced lot coverage is encouraged. 3. Off street parking requirements are subject to modification both as to placement and number of spaces required, to better suit the terrain of the development site and to ensure adequate off street parking as determined by the use of the property, the walking distance to the downtown area, and the availability of public transportation, both existent and planned. 4. The allowable density of the development is sub- ject to modification as determined by: (a) the physical conditions of the development site, i.e., slope, access, drainage, natural vegetation and all other terrain features (b) the impact resulting from the development, i.e., potential for stream and air pollution, the feasibility of snow removal, the availability of public transportation, and other public and private services. C. Recreation/Accommodations Transition: within that area designated on the 1973 Aspen general land use map as ,'Recreation/ Accommodations Transition": 1. The following uses are exempt from review: single family detached residences with 15,000 square feet or greater lot area; and accessory buildings. (8) RECORD OF PROCEEDINGS 100 Leaves 2. Ail buildings not subject are subject to review of the to subdivision regulation following considerations: (a) acceSs the width of the street, its grade, intersection safety, visibility and lot entrance must be such as to provide adequate access. (b) fire protection - access and water pressure must be sufficient so as to ensure adequate fire protection. (c) water pressure the water pressure must be sufficient to supply domestic use and to ensure adequate fire protection. (d) building bulk and height - the reduction of building bulk and lot coverage with allowances for reduced lot coverage is encouraged. (e) exterior color and building material must be in harmony with and blend into the natural mountain setting. 3. Off street parking requirements are subject to modification both as to placement and number of spaces required, to better suit the terrain of the develop- ment site and to ensure adequate off street parking as determined by the use of the property, the walking distance to the downtown area, and the availability of public transportation, both existent and planned. 4. The allowable density of the development is subject to modification as determined by: (a) the physical conditions of the development site, i.e., slope, access, drainage, natural vegetation and all other terrain features. (9) RECORD OF PROCEEDINGS 100 Leaves 1973 Aspen general land use map as "Multiple Family": (b) the impact resulting from the development, i.e., potential for stream and air pollution, the feasibility of snow removal, the availability of public transportation and other public and private services. 5. Restaurants and professional offices are prohib- ited in this area. 6. Buildings are not to exceed 2,500 square feet in floor space nor 25 feet in height. 7. Because of the high visibility of this area, access and utility construction must produce no scars upon the landscape. Multiple Family: within that area designated on the 1. The following uses shall be exempt from review: single family residences with 6,000 square feet or greater lot area; and accessory buildings. 2. Ail buildings not subject to subdivision regu- lation are subject to review of the following con- siderations: (a) access - wiSth of the street, its grade, intersection safety~ visibility and lot entrance must be such as to provide adequate access. (b) fire protection - access and water pressure must be sufficient so as to ensure adequate fire protection. (c) water pressure - the water pressure must be sufficient to supply domestic use and to ensure adequate fire protection. (10) RECORD OF PROCEEDINGS 100 Leaves (d) building bulk and height - the reduction of building bulk and lot coverage with allowances for greater height in exchange for reduced lot coverage is encouraged. 3. Off street parking requirements are subject to modification both as to placement and number of spaces required, to better suit the terrain of the develop- ment site and to ensure adequate off street parking as determined by the use of the property, the walking distance to the downtown area, and the availability of public transportation, both existent and planned. 4. The allowable density of the development is sub- ject to modification as determined by: (a) the physical conditions of the development site, i.e., slope, access~ drainage, natural vegetation and all other terrain features. (b) the impact resulting from the development, i.e., potential for stream and air pollution, the feasibility of snow removal, the availability of public transportation and other public and private services. B. Mixed Residential: within that area designated on the 1973 Aspen general land use map as "Mixed Residential": 1. The following uses are exempt from review: single family detached residences with 6,000 square feet or greater lot area; and accessory buildings. 2. The remodelling of existing lodges is not subject to review where such construction will not result in an increase in guest capacity. (1~) RECORD OF PROCEEDINGS 100 Leaves 3. All buildings not subject to subdivision regulation are subject to review of the following considerations: (a) access the width of the street, its grade, intersection safety, visibility and lot entrance must be such as to provide adequate access. (b) fire protection - must be sufficient so protection. (c) water pressure access and water pressure as to ensure adequate fire the water pressure must be sufficient to supply domestic use and ensure adequate fire protection. (d) building bulk and height - the reduction of building bulk and lot coverage with allowances for greater height in exchange for reduced lot coverage is encouraged. 4. Off street parking requirements are subject to modification both as to placement and number of spaces required, to better suit the terrain of the development site and to ensure adequate off street parking as determined by the use of the property, the walking distance to the downtown area, and the availability of public transportation, both existent and planned. 5. Restaurants and tea rooms are prohibited. 6. Office uses in those residences abutting the south side of Main Street which have been recommended by the Historic Preservation Committee for historic designation is encouraged. RECORD OF PROCEEDINGS 100 Leaves F. Residential: within that area designated on the 1973 Aspen general land use map as "Residential": 1o The following uses are exempt from review: single family detached residences when the lot area meets the minimum lot requirements of the existing zone district; accessory buildings~ fences and signs. 2. Ail buildings not subject to subdivision regulation are subject to review of the following considerations: (a) access - the width of the street, its grade, intersection safety, visibility and lot entrance must be such as to provide adequate access. (b) fire protection - access and water pressure must be sufficient so as to ensure adequate fire protection. (c) water pressure - the water pressure must be sufficient to supply domestic use and to ensure adequate fire protection. (d) building bulk and height - the reduction of building bulk and lot coverage with allowances for greater height in exchange for reduced lot coverage is encouraged. 3. Off street parking requirements are subject to modification both as to placement and number of spaces required, to better suit the terrain of the development site and to ensure adequate off street parking as determined by the use of the property, the walking distance to the downtown area, and the avail- ability of public transportation, both existent and planned. (13) RECORD OF PROCEEDINGS 100 Leaves 4. Office uses in those residences abutting the north side of Main Street which have been recommended by the Historic Preservation Committee for historic designation is encouraged. G. Ne~9..r~o.d.F.ommercial/Limited Industr~ial: within that area designated on the 1973 Aspen general land use map as "Neighborhood Commercial/Limited Industrial": 1. The following uses shall be exempt from review: C-PND Commercial Planned Neighborhood Development Districts in the existing commercial zoneS and which are subject to and satisfy the requirements of Chapter 24, Section 24-10.1 PUD Planned Unit Development of the Aspen Municipal Code; appliance sales and repair shops, office machine sales and repair shops, furniture stores, carpet and rug stores, paint and wall paper stores, furniture upholstery and repair shops, hard- ware stores, garden supply centers, printing shops, rental stores, lumber yards, shop craft industries, plumbing shops, electrical and heating supply shops, cabinet shops, wholesale establishments, warehousing, offices accessory to any of the above listed uses, and residences for employees of the Neighborhood Commercial/Limited Industrial District. 2. Ail buildings not subject to subdivision regu- lation are subject to review of the following con- siderations: (a) access - width of the street, its grade, intersection safety, visibility, lot entrance, and integration with the public streets and public transportation facilities must be such as to pro- vide adequate access. (14) RECORD OF PROCEEDINGS 100 Leaves (b) fire protection - access and water pressure must be sufficient so as to ensure adequate fire protection. (c) water pressure - the water pressure must be sufficient to supply the commercial and domestic use and ensure adequate fire protection. (d) building bulk and height - the reduction of building bulk and lot coverage with allowances for greater height in exchange for reduced lot coverage is encouraged. 3. Off street parking requirements are subject to modification both as to placement and number of spaces required, to better suit the terrain of the development site and to ensure adequate off street parking as determined by the use of the property, the walking distance to the downtown area, and the availability of public transportation, both existent and planned. H. Institutional: within those areas designated on the 1973 Aspen general land use map as ,,Institutional", all uses shown on an Aspen Planning and Zoning Commission approved plan for institutional lands are exempt from review. I. Public: within those areas designated on the 1973 Aspen general land use map as "Public", all uses shown on a Planning and Zoning Commission approved plan for public lands are exempt from review. IV. Termination Date. terminate one year from its effective that termination will occur prior to of a new zoning Aspen. The provisions of this ordinance shall code and zoning district map date, provided, however, that time upon the adoption by the City of (15) RECORD OF PROCEEDINGS 100 Leaves V. Inconsistent Provi~.ipn. All provisions of the Aspen Zoning Code and District Zoning Map, not inconsistent here- with, shall continue in full force supplement the provisions of this Section 3. If any provision of this ordinance or the and effect and shall ordinance. application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications and to this end the provisions or applications of this ordinance are declared to be severable. Section 4. A public hearing on the ordinance shall be held on June 11, 1973, at 4:00 p. m. in the City Council Chambers, City Hall Building, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen, Colorado, regular meeting held at 14th day of May, 1973. ATTEST: ~__~- ~lerk -- the City of Aspen, Colorado, on Eve Homeye r,~ayuz at its the AMENDED ORDINANCE PROCEEDINGS A public hearing on the amended ordinance shall be held on July 9, 1973, at 4:00 p. m. in the City Council Chambers, City Hall Building, Aspen, Colorado. (16) RECORD OF PROCEEDINGS 100 Leaves INTRODUCED, READ AND ORDERED PUBLISHED as amended as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held at the City of Aspen, on Y ~- ,//"' Stacy ~tan 1~ Ili, Mayo~ ~ by the City regular meeting held at 16th day of July, 1973. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law Council of the City of Aspen at its continued the City of Aspen, Colorado, on the ATTEST: S~acy Standl~z)~lll, Mayor