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HomeMy WebLinkAboutordinance.council.007-00 ORDINANCE NO. 07 (Series of 2000) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING TITLE 26 OF THE ASPEN MUNICIPAL CODE (THE ASPEN LAND USE CODE) TO PROVIDE FOR A NEW LAND USE APPROVAL PROCESS FOR PROPOSED DEVELOPMENTS DETERMINED TO BE NECESSARY FOR THE CONVENIENCE OR WELFARE OF THE PUBLIC. WHEREAS, the City Council desires to amend Title 26, Land Use Regulations, of the Aspen Municipal Code to provide a simplified and flexible process for reviewing developmem projects that the City Council determines to be reasonably necessary for the convenience or welfare of the public: and WHEREAS, the Planning and Zoning Commission of the City of Aspen has reviewed the proposed language of this ordinance and has recommended its adoption by the City Council in order to provide a simplified, comprehensive and flexible process for reviewing development proposals that are determined to be reasonably necessary for the convenience and welfare of the public and to allow for greater public participation in the approval of public projects; and WHEREAS, the Community Development Director recommends approval of amendments to Sections 26.208.010, 26.304.060, and the addition of Section 26.500 of the Land Use Code of the Aspen Municipal Code as described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ASPEN, COLORADO, AS FOLLOWS: Section 1. That Section 26.208.010 of the Aspen Municipal Code, which section sets forth the powers and duties of the City Council, is hereby amended by the insertion of a new subsection N to read as follows, and the renumbering of existing subsection N to O: N. To determine if a development proposal is reasonably necessary for the convenience and welfare of the public pursuant to Section 26.500.040, and thereafter review such proposal in accordance with Section 26.500.050 (B). Section 2. That Section 26.304.060 of the Aspen Municipal Code, which section sets forth permissible modifications of normal review procedures, is hereby amended by the addition of a new subsection 3, to read as follows: 3. Development Determined to be Reasonably Necessary for the Public Convenience or Welfare of the Public. If the Community Development Director, in consultation with the applicant, determines that a proposed developmem may be eligible for consideration as a developmem that is reasonably necessary for the convenience or welfare of the public in accordance with Section 26.500.040, the Community Developmem Director shall cause the application to proceed in accordance with Section 26.500.050. Section 3. That Title 26 be amended by the addition of a new Section 26.500 which shall read as follows: Chapter 26.500 DEVELOPMENT REASONABLY NECESSARY FOR TI-gE CONVENIENCE AND WELFARE OF THE PUBLIC 26.500.010 Purpose. It is the purpose of this Chapter to exempt certain types of development from all applicable sections, except as herein noted, of Titie 26 and to establish an alternative process and standards for the review, analysis and approval of those types of developments determ'med to be eligible for such alternative review and analysis. The purpose m identifymg and applying alternative rewew standards for certain developments eligible for such treatment is to provide a more flexible, streamlined, thorough and coordinated review and approval process, and to allow for greater public participation in the review process when it is determined by the City Council to be in the best interests of the City to do so. 26.500.020 Authority. As a home rule municipality organized and operating under Article XX of the Colorado Constitution, the City of Aspen is vested with the authority and power to exempt certain types of developmem from the Aspen Land Use Code, Title 26 of the Aspen Municipal Code. See Clark v Town of Estes Park. 686 P.2d 777 (Colo. 1984); City of Colorado Springs v Smartt, 620 P.2d 1060 (Colo. 1980). 26.500.030. Applicability. Only those development applications determined by the City Council to be reasonably necessary for the convenience or welfare of the public shall be eligible for review and approval in accordance with this Chapter. Only those portions of Title 26 which are specifically incorporated in the ordinance granting final approval of a development order shall be applicable to a project determ'med m be reasonably necessary for the convenience or welfare of the public. 26.500.040. Standards for Determination. A developmem may be determined to be reasonably necessary for the convenience or welfare of the public if the applicant for developmem is the City of Aspen, an agent of the City of Aspen authorized by the City Council to proceed under this Chapter of the Land Use Code, or the City of Aspen or agent of the City of Aspen is a co-applicant with a private party for the developmem of land which constitutes an essential public facility, provides essential services to the public, and which is in the best interests of the City of Aspen to be completed By way of example and not limitation. the following types of developments may be determined to be reasonably necessary for the convenience or welfare of the public: (a) affordable housing projects developed by the City of Aspen by itself or in conjunction with an agent or private developer; (b) the development of public uftlities; (c) park and recreational facilities development; (d) public infrastructure improvements: (e) public buildings and structures; or (f) transportation improvements. 26.500.050. Procedure. A. Community DevelopmentDirector. The Community Development Director, upon determining that the proposed development application may be eligible for consideration as a project reasonably necessary for the convenience or welfare of the public may consult with the Plam~g and Zoning Commission regarding the proposed development's eligibility and shall thereafter prepare a memorandum for the City Council that: (a) outlines the reasons for consideration as an eligible project; (b) sets forth the conclusions of any referral comments received by the Community Developmem Director. if any; (c) includes the procedures the applicant wonid be required to follow if the project is determ'med not to be an eligible project; (d) includes a recommendation on the alternative procedure to be followed should the project be determined to be an eligible project: and (e) includes a recommendation as to the appropriate City boards and commissions and other interested parties necessary for the review of the project. The Community Development Director. before preparing such a memorandum for the City Council may convene a technical staff meeting consisting of the applicant, the applicant's representative, City staff members, consultants, and any other persons for the purpose of identifying and resolving any potential issues associated with the provision of utilities and services, environmental constraints, site engineering, access and circulation, anticipated public concerns, and any other technical information which would assist the Community Development Director to prepare the initial memorandum to the City Council. The Community Development Director shall formally notify the Planning and Zoning Commission, the Historic Preservation Commission, and. if applicable, the Aspen/Pitkin County Housing Authority, m wrifmg, of the date of the hearing before the City Council at which time a determination is to be made concerning eligibility of the proposed development pursuant to tiffs Chapter. The Community Development Director shall provide notice to the public, including publication, posting and mailing, in accordance with Section 26.304.060(E). B. City Council Determination of Eligibility. Following a public hearing in accordance with Section 26.304.060(C), the City Council shall by resolution (a) make a determination whether the proposed developmem is reasonably necessary for the convenience and welfare of the public by applying the standards of Section 26.500.040: (b) establish a procedure for review of the proposed project to include standards of review; (c) establish a Task Force Team to review the developmem proposal and identify members of City boards, commissions, and other interested parties, (including at least two (2) members of the public at large) to be included as members of the Task Force Team. which shall include representation by the Planning and Zoning Commission; and, (d) establish a timeframe for the procedures m be used m review the proposed developmem. If the proposed project proposes developmem subject to Chapter 26.415 (Development in an "H", Historic Overlay District, or Involving the Inventory of Historic Sites and Structures), or Chapter 26.420 (Historic Overlay District and Historic Landmarks), the City Council shall include in the review procedures the requirement for an application for review of the eligible project to the Historic Preservation Commission in accordance with the applicable sections of the Land Use Code. The City Council may, in appropriate circumstances, include as part of the review process it adopts a separate referral to the Planning and Zoning Commission, or any other City board and commission for their separate review and recommendation. Should the City Council determine that the proposed development is not reasonably necessary for the convenience and welfare of the public, the application shall be reviewed in accordance with the applicable sections of this Land Use Code. The City Council may amend the resolution at any time upon the request of the applicant, the Community Development Director, or upon its own motion. C. Community Development Technical Staff Review. Following a determ'mation by the City Council that a proposed developmem is reasonably necessary for the convemence or welfare of the public, the Community Development Director shall convene a staff level, interdepartmental development review committee meeting for the purpose of identifying and resolving any potential issues associated with the provision of utilities and services, environmental constraints, site engineering, access and circulation and for providing any other technical information to the applicant which would assist in the preparation of an application for further review. Following the technical staff review process, the Community Developmem Director shall assist the applicant in preparing a formal application and preparation for submission of the development application to the appropriate boards, commissions and other interested parties identified by the City Council for such reviews. D. Review of Application by Task Team. The members of the task team, composed of members of City boards and commissions, and interested parties identified by the City Council resolution shall meet and review the proposed development application using the standards of review identified in the resolution adopted by abe City Council in accordance with subsection (B), above. The chair of the Task Force Team shall be the Director of the Community Development Department. The chair of the Task Force Team shall prepare meeting agendas, coordinate meeting dates for the Task Force Team, and facilitate all meetings. Following a review of the proposed development and at such tune as the Community Development Director believes that further review would not significantly improve the overall development proposal, the Community Development Director shall report to the City Council the recommendations of the boards, commissmns, and interested members of the public which participated in the review of the proposed project. The Community Developmem Director's report to Council shall include: (a) a recommendation as m whether the proposed development should continue to be considered to be reasonably necessary for the convenience and welfare of the public; (b) all of the land use decisions and approvals that need to be made for the proposed development: (c) a report of the deliberations and recommendations made by the Task Force Team; and (d) any conditions of approval that may be necessary for the land use approvals. The Community Development Director shall present to the City Council a proposed ordinance that incorporates all of the applicable recommendations of the report. E. City Council Adoption of Ordinance. The City Council upon receipt of the report and proposed ordinance from the Community Development Director shall approve, approve with conditions, or disapprove an ord'mance granting a development order for the proposed development. In the event that the City Council determines that the application should no longer be considered to be reasonably necessary for the convenience or welfare of the public. the applicant shall be granted the option of filing a new application with the Community Development Director for review and consideration in accordance with Chapter 26.304. Section 4. This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of any ordinance repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 5. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and shall not affect the validity of the remain'rog portions thereof. Section 6. A public hearing on the Ordinance was held on the 10~ day of April. 2000. at 5:00 o'clock pm in the City Council Chambers, Aspen City Hall, 130 S. Galena St. Prior to such hearing a public notice of the same was published m a newspaper of general circulation within the City of Aspen. INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED AND/OR POSTED ON FIRST READING on the 27th day of March. 2000. 'Kathtyn S.~c'h, ~t,j Clerk INTRODUCED and FINALLY ADOPTED AFTER PUBLIC HEARING on the 10~ day of April, 2000. ~iathrYn S. I~h Ci(Clerk G:pta~;ming .aspen ~ord. COWOPfinal.doc