The URL can be used to link to this page

Home My WebLink Aboutresolution.apz.002-85 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING VARIOUS ADDITIONS AND DELETIONS TO THE ORDINANCE REGARDING SPECIALLY PLANNED AREA'S WHICH IS PENDING BEFORE ASPEN CITY COUNCIL Resolution No. 85-__~__ WHEREAS, in 1984, the Aspen Planning and Zoning Commission (hereinafter the "Commission") did adopt Resolution 84-9, with respect to the Specially Planned Area provisions of the Municipal Code; and WHEREAS, the City Council of the City of Aspen, Colorado (herein- after "Council">, having considered the Commission's resolution, did adopt Ordinance 29, Series of 1984, empowering the Planning Director to authorize minor changes to and WHEREAS, the remainder of the still pending review by Council; and WHEREAS, the City Attorney, sites which have adopted precise plans; Commission's recommendations are in a memorandum to the Planning did recommend that the Ordinance be review and to avoid any argument the technical requirements of the Director dated January 24, 1985, returned to the Commission for its that the City has not followed zoning code pertaining to amendments; and WHEREAS, the Commission did hold a duly noticed public hearing on the proposed Ordinance at its regular meeting on February 19, 1985; and WHEREAS, the Commission does wish to there are certain parcels within the City historic significance, their development, and reiterate its finding that of Aspen which, due to their the potential for community benefit from their unique attributes, require that they be reviewed through a more innovative regulatory technique than PUD or subdivision regulations. NOW, THEREFORE, BE IT RESOLVED by the Commission that it does hereby recommend that the following sections of the Ordinance pending before Council be amended, with the proposed additions being shown in BOLD and UNDERLINED type and the deletions being crossed out. 1. Section 24-7.1(b)(1) should read as follows: "Provide design flexibility for parcels which are-found-~o be-unique require innovative consideration in that tradi- tional zoning techniques do not adequately address their po~en~a~ historic significance, the potential for community benefit from their development and their unique attributes." 2. Section 24-7.2(a) should read as follows: "Parcels of land shall be designated with a Specially Planned Area (SPA) overlay or the boundaries of parcels already designated with an SPA shall be adjusted only by following the procedures and requirements for amendments to the zoning map described in Article XII of this chapter, and by submitting a conceptual plan for development of the parcel, as described below." 3. Section 24-7.2(e) should read as follows: "An applicant shall submit a conceptual plan, for the purpose of designating establishing the objectives which the SPA designation is to achieve. The conceptual submis- sion shall include dala-end---narre%~ve-ma~er~a~s-deser~bed--~nder-Seei~on-~4-Sv~ o~-%he-~o~e~.-ms-%hey-may--ap~y-~o--~he-%ype--of-deve~opment be~ng--proposedv---~he--app~ean~--sha~--eonsu~%--w~eh--ehe p~amn~n~-D~ree~o~-as-%o-~he-epp~eeb~%y--o~-each--of-~hese requ~emen~s-~o-~he-pro~ec~-p~oposa~. a statement of the intent and a conceptual description of the type of development which is proposed to take place on the parcel, including but not limited to use categories, overall pro,iect density, and design concepts to be employ- ed. The applicant shall consult with the Planning Director as to the submission requirements prior to the submission of the conceptual plan although as a general guide, it is not intended that the submission go into the technical detail required of conceptual subdivision or conceptual PUD." 4. A new Section 24-7.2(g) should read as follows: "The conceptual plan shall be reviewed by the Planning Commission at a regular meeting of the Commission. At the close of its review, the Planning Commission shall recommend the approval or denial of the conceptual plan to the City Council, includin~ any applicable conditions thereto. The City Council shall review the conceptual plan following the receipt of the recommendation from the Planning Commission and shall grant conceptual approval (including such revi- sions or conditions as may be appropriate) or deny thc plan." Section 24-7.5(d) should read as follows: "The application shall provide a schedule specifying the time frame of the development which is to occur on the parcel. ~he-prec~se-p~an-sha~-eover--%he-deve~opmen~-wh~ch ~$-%o--oceur-for--a~-~eas~-~ve-~5~-years-~o~ow~ng-~he-'da%e o~-~s-adop%~ony-~u~-~o%-~o-exceed-~en-~O~-yea~s-submeq~en~ Section 24-7.5(f) should read as follows: "The precise plan shall be submitted no later than two (2) years subsequent to the date of the City Council approval of the conceptual plan, or the designation-of conceptual plan approval for the site a~-an-SP~-Ove~ay shall expire an~-%he zon~ng-map--sha~-be--amended-%o--~emove-%he-SPA-des~na~on ~rom-%he-s~%e, unless application for an extension is made and granted by the City Council." Section 24-7.6(b) should read as follows: "The burden shall rest upon an applicant to show the reasonableness and suitability of the precise plan, its conformity to the requirements of this article, the lack of adverse effect of the proposed development and the compli- ance with the City's intent in originally designating the site as SPA, including the conformance of the precise plan with the approval granted to the conceptual plan." Section 24-7.8 should read as follows: "Substantial amendments to the precise plan shall constitue a new application subject to the review procedures outlined in this article and shall only be approved if consistent with the intents and purposes of this article, including the criteria for the reve~w of the precise plan. Minor changes in the adopted precise plan may be authorized by the Planning Director without additional public review, if required by engineering standards or other technical design needs not anticipated during the review of the pro3ect. The Planning Director shall follow the standards of Section 24-8.26 in determining whether or not a change is deemed minor. In the absence of an adopted precise plan, an accurate survey of existing conditions may be substituted to permit the evaluation of the appropriateness of the proposed amendment." BE IT ALSO RESOLVED by the Commission that it does hereby recommend that the Council add a new Section 4 to the Ordinance, enacting a new Section 24-11.3(J) of the Municipal Code of the City of Aspen, Colorado, to read as follows: "Applicants for projects requiring subdivision, PUD, precise SPA plan, zoning, special review or other approval from the City oS Aspen shall submit complete applications addressing the appli- cable provisions of the Municipal Code simultaneously with the submission of an application for a development allotment. Zoning applications submitted in con,)unction with development allotment applications shall not be subject to the limitations upon the date of submission and review established in Section 24-12.5 os the Municipal Code. All required associated reviews shall be initiated by the Planning and Zoning Commission in con,iunction with the review of an application for a development allotment. No pro,ject shall receive final subdivision or PUD approval, precise SPA plan, zoning, special review or other approval until the applicant shall have been awarded a development allotment, whenever an allotment is required for any proposed development. No allot- ments shall be granted to any pro.ject which has not received conceptual subdivision or PUD approval, precise SPA plan, zoning or special review approval, whenever such approvals are required for the proposed development. Phased approval of a subdivision, PUD or precise SPA plan may be granted based on the limited availability of allotments to fully complete a project." BE IT FINALLY RESOLVED by the Commission that it does hereby recommend that the Council add a new Section 5 to the Ordinance, repealing and reenacting Section 24-11.1(b) of the Municipal Code, to read as follows: 1985. ATTEST: "Within the L-l, L-2, CC, CL and all other zone districts, thirty-five (35) lodge or hotel units." APPROVED by the Commission at their regular meeting on March 5, ASPEN PLANNING AND ZONING COMMISSION P~rry/J(arvey, Barbara Norris,~ Deputy City Clerk 5