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HomeMy WebLinkAboutresolution.apz.009-84RESOLUTION OF THgA~PEN PLANNING AND ZONING COlq~IISSION RECO~'~D[NGTHEADOPTIOB OF A~qENI~ENTS W[T~ RESPECT TOTHE SPECY~tty PLANNED AREA PROVISIONS OF THE ~UNI~IPAL CODE Resolution No. c:~ Se~es of 1984 WHEREAS, during 1983, the Aspen City Council did direct the Planning Office to evaluate Section 24-7 of the Aspen Municipal Code, Special Planned Areas (SPA), to rectify certain identified problems with respect to these previsions; and WHEREAS, following an extensive review of the regulations as well as the status of properties currently identified on the zoning district map as "SPA", the City Council did refer the matter to the Aspen Planning and Zoning Commission, with a recommendation to eliminate the SPA provisions and to establish a similar mechanism in the Planned Unit Development (PUD) Section of the Code; and WHEREAS, at a work session on July 3, 1984, the Planning Commission did consider the Council initiative and did determine that it wished to pursue a different alternative, this being to establish clear provisions for designating SPA sites and for reviewing SPA submissions and to remove the SPA designation from those sites where this level of flexibility is unnecessary; and WHEREAS, the Planning Commission did hold a public hearing on July 17, 1984, which hearing was continued to August 7, August 21, and September 4, 1984, to consider Code amendments to Section 24-7 and to identify on a preliminary basis the intent behind having an SPA designation remain on various key sites in Aspen. NOW, THEREFORE, BE IT RESOLVED by the Aspen Planning and Zoning Commission that it does hereby recommend that Section 24-7 of the Municipal Code be repealed and reenacted to read as follows: "ARTICLE VII. SPECIALLY PLANNED AREAS 24-7.1 Statement of Intent (a) Specially Planned Areas are those parcels designated on the zoning district map by the overlay SPA within which development may only proceed following the provisions of this article. (b) The purpose of this Article is to: Resolut:Lon No. 84- 9 Page 2 (1) Provide design flexibility for parcels which are found to be unique in that traditional zoning techniques cannot adequately address their needs and potentials. (2) Allow the integration of mixed use projects on a single parcel of land through the encouragement of innovative design practices and the permitting of variations from standard use limitations. (3) Obtain a precise development plan which provides a detailed land use plan for the entire parcel in question. (4) Establish a mechanism by which parcels which have historically included a variety of uses or have been considered to be appropriate to include such uses or which are judged to be important to the City of Aspen can be planned and developed in a manner which provides the greatest public benefit. 24-7.2 Procedure for Designation of Sites as SPA (a) Parcels of land shall be designated with an 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 by private landowners described in Article XII of this Chapter. (b) Sites which are designated with an SPA overlay shall also be designated on the zoning map with an appropriate underlying zone(s), based on the currently available infor- mation as to the intended use of the site. The underlying zone designation shall be used by the Planning Commission and City Council in their review of any precise development plan submission for the site as a guide, but not as an absolute limitation, to the future use of the site. (c) In designating sites with an SPA overlay, the Planning Commission and City Council shall make findings as to the unique characteristics of the site which require the use of this technique, including how the site complies with the intents and purposes of this Article. (d) The removal of an SPA designation from a site shall follow the same procedures used in designating the site with the SPA overlay, but shall leave an unde.rlying zone(s) on the property. (e) An applicant need not submit a precise development plan in order to have a site designated as SPA. However, the burden of proof shall be on the applicant to demonstrate that the zoning map amendment is in the best interests of the City of Aspen, meets the review criteria for a private application by a landowner, and is consistent with the intents and purposes of this Article. (f) Should a site to be designated as SPA be owned by more than one individual, consent to the application from all owners shall be required before the application may be processed. 24-7.3 Variations Permitted Within SPA Overlay (a) Applicants shall only be permitted to obtain variations from the zoning requirements of the underlying district or otherwise develop a parcel designated as SPA, by first obtaining approval of a precise development plan for the entire parcel in question by following the procedures in this Article. Resolut:J. on No. 84- 9 Page 3 (b) For the purposes of this Article, development shall be defined as any activity which materially changes the use of the land in question including but not limited to the construction or substantial modification of residential or lodge units or commercial square footage, the construction or substantial modification of roads, any significant site grading or other earthwork, or the installation or substantial modification of utilities. (c) Variations from the following requirements of the underlying zone district may be allowed: open space, minimum distance between buildings, maximum height, minimum front yard, minimum rear yard, minimum side yard, minimum lot width, minimum lot area, trash access area, external and internal floor area ratios, number of off-street parking spaces, use and minimum lot area per dwelling unit. Varia- tions may also be imposed by the Planning Commission and City Council which, in any of the above requirements, limit the applicant's ability to develop to less than the standards of the underlying zone district. (d) Nothing herein shall exempt any applicant from satisfying the requirements of Chapter 20, "Subdivision Regulations", of the Municipal Code, if a subdivision of land is proposed, or from complying with the other zoning requirements of this Chapter including, but not limited to those associated with Article XI, the Growth Management Quota System. (e) Applications for development in the public, park, academic or any other zone district listed in Section 24-3.4 of the Municipal Code for which the area and bulk requirements are to be set by adoption of a plan for a specially planned areas shall follow the procedures set forth in this Article. However, any such application shall not be permitted to obtain variations from the use requirements of the underlying zone district unless the site shall also be designated with an SPA overlay. 24-7.4 Procedure for Review of Precise Development Plan (a) Applicants shall meet with the Planning Office in a pre-application conference at which time there shall be identified the review procedures, submission requirements and evaluation criteria for the processing of the Precise Development Plan. (b) Following the submission of the application, its certifi- cation as complete by the Planning Office, and the necessary staff review time of not less than twenty-eight (28) nor more than forty-five (45) days, the Planning Commission shall hold a public hearing on the precise development plan. Notice of the hearing shall be published once in a newspaper of general circulation in the City at least fifteen (15) days prior to the hearing date. Written notice shall be sent by first-class mail to all property owners within the area of the proposed change and within 300 feet of the property at least fifteen (15) days prior to the hearing date. Owners of residential multi-family condominium units may be served by mailing sufficient copies of any such required notice (one for each owner) to the record address of their homeowners' association. The applicant shall post a sign meeting the specifications of [Section 2-22(c)(3)] on the property noticing the public hearing at least ten (10) days prior to the hearing date. (c) At the close of the hearing, the Planning Commission shall recommend the approval or denial of the precise develop- ment plan to the City Council, including any necessary Resolut;:Lon No. 84- ~ Page 4 conditions thereto. (d) The City Council shall grant final approval or denial to the plan at a public meeting, provided, however, that if the applicant is requesting any variations in the use of the property from that permitted in the underlying zone, then the meeting shall be noticed in a newspaper of general circulation in the City at least fifteen (15) days prior to the hearing date. (e) In the case of an SPA which is also a subdivision, the adoption of the precise plan shall occur at the prelim- inary and final subdivision stages. However, should the applicant so desire, a conceptual precise plan may be submitted for consideration by the Planning Commission and City Council at the conceptual stage of subdivision. (f) Following the approval of a precise development plan, the plan shall constitute the development regulations for the site until such time as the plan is amended or the SPA designation is removed from the site. The precise development plan shall be recorded in the office of the Pitkin County Clerk and Recorder and shall be binding upon the applicant therefor, their successors and assigns, and shall limit and control the issuance and validity of all zoning permits and certificates of occupancy for improvements thereon. 24-7.5 Submission Requirements For Review of Precise Development Plan (a) The submission shall reflect the proposed development for the entire ownership and shall indicate all adjacent lands owned or under option by the applicant. (b) The precise plan submission package shall include ten (10) copies of all maps, tabular data and narrative materials described under Section 24-8.9 of the Code as they may apply to the type of development being proposed. The applicant shall consult with the Planning Office as to the applicability of each of these requirements to the project proposal. (c) The precise plan shall specify the zone district regula- tions which are to apply to the parcel by designating the appropriate underlying zone(s) for the development and specifying any variation requested from the standards of that district(s). (d) Applications for development which contain lands having slopes in excess of 20% shall meet the slope reduction submission requirements of Section 24-8.18 of this Code and shall have their underlying density calculated according to the provisions of that Section. 24-7.6 Criteria for Review of Precise Development Plan (a) In their review of the precise development plan, the Planning Commission and City Council shall consider, but not be limited to the following evaluations as they may apply to the particular proposal: (1) Whether the proposal is compatible with neighboring developments in ter~.s of use, density, height, bulk, open space, landscaping and other site and architectural design features. (2) Whether there exists sufficient utilities and roads to service the intended development. Resolution No. 84- ~ Page 5 (3) Whether the site is suitable for the intended development, considering the slope, ground instability and the possibility of mud flow, rock falls, avalanche dangers and flood hazards. (4) Whether the applicant has employed techniques including, but not limited to setbacks, clustering, screening, buffering and architectural design to preserve significant view planes, avoid adverse environmental impacts and provide open space, trails and similar amenities for the users of the project and the public at large. (5) Whether the proposal is in compliance with the Aspen Area General Plan, as amended. (6) Whether the development will require the expenditure of excessive public funds to provide services and facilities for the site or surrounding neighborhood. (b) The burden shall rest upon an applicant to show the reasonableness of the precise development plan, its conformity to the requirements of this Article, the lack of adverse effect of the proposed development and the compliance with the City's intent in originally designating the site as SPA. Any application found to not meet these standards shall be denied by the Planning Commission and City Council. 24-7.7 Amendment of Adopted Precise Development Plan (a) Minor changes in the adopted precise development 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 project. The Planning Director shall use the standards of Section 24-8.26 in determining whether or not a change is deemed minor. (b) Ail other changes to the precise development plan shall require a repetition of the review procedures outlined in this Article. Changes shall only be approved which can be shown to be consistent with the intents and purposes of this Article, including the criteria for the review of the precise development plan." BE IT ALSO I~SOLVED by the Aspen Planning and Zoning Commission that it does hereby recommend that Section 24-2.1(a) of the Municipal Code be amended such that subsection (21) and (22) read as follows: "(21) SPA Special Planned Area (Overlay) (22) PUD Planned Unit Development (Overlay)." BE IT FURTHE~E~OLVED by the Aspen Planning and Zoning Commission that it does hereby recommend that Section 24-3.4 of the Municipal Code be amended such that the area and bulk requirements for the P - Park zone district are set by an adopted plan for a specially planned area. Resolution No. 84- S Page 6 BE IT FIN~r.r. Y HESOLVED by the Aspen Planning and Zoning Commission that it does hereby recommend that the following sites now identified on the zoning district map as SPA be rezoned, subsequent to the adoption of the Code amendments contained herein. The Commission has completed a preliminary consideration of zoning options for these sites and recommends that during the process of adopting new zoning for these sites, the following designations be considered: *1. *'2. **3. 4. ***6. 7. 8. Castle Ridge - RMF/PUD City Water Treatment Plant - Public Fire Station/Thrift Shop - Public Forest Service - Public Jail - Public Marolt - Park Rubey Park - Public Smuggler Mobile Home Park a® Parcel A (pre-existing park) - M~P/PUD Parcel B (single-family house) - R-15 Parcel C (new park) - MHP/PUD 9. Trueman a. Lot 1 (Clark's) - NC/SCI/PUD b. Lot 2 (Post Office) - Public c. Lot 3 (City Purchase) - Park d. Lot 4 (Undeveloped) - Conservation *Note: The Planning Commission's intent by suggesting a change in this site's zoning from R-15/SPA to RMF/PUD is to recognize the existing use of the property. The Commission is not supportive of any increase in the property's buildout at this time and does not intend for surrounding property to be rezoned to RMF as a result of this action, due to the inconsistency of further multi-family development with the Aspen Land Use Plan. The Commission suggests that a note be placed on the City's official zoning maps establishing this intent at such time as the site is rezoned to **Note: Though the City zoning maps already show these sites as zoned public, there may be inconsistencies between the maps and the ordinance which zoned the property and therefore this action would confirm the zoning as public. ***Note: The adjoining Thomas property should also be rezoned, with the appropriate designation being from conservation to park. The Commission also recommends that Institute, Little Nell and Rio Grande, underlying zoning and intents: the three remaining sites, the be considered for the following Institute: Academic/SPA Intent for SPA Designation: There are at least three aspects of the Aspen Institute property which render it unique in Aspen and require the flexibility of the SPA process for the review of any development application. First, the property is the Resolution No. 84- Page 7 9 largest unified developable parcel in the City of Aspen which is in private ownership. Next, the property is accessed through the West End single-family neighborhood, and is surrounded by residential developments which, therefore requires sensitivity to create a compatible development. Finally, and possibly most importantly, the Aspen Institute property represents among the most historically significant developments in the community since it constitutes the most direct link to the Walter Paepcke heritage for Aspen. Historically, uses on or contemplated for the Institute property have included academic, cultural, institutional, residential, restaurant, short and long-term accommodations and health and recreational facilities. No single zone in Aspen has been able to address this wide array of uses, and to date, no single plan has come forward to meet the needs of the City, the neighborhood and the owner with respect to this property. Therefore, it is the intent of this SPA designation to obtain an integrated plan for the mixed uses of the Institute which addresses its unique characteristics without necessarily confining the applicant or the City to a review within the context of any adopted zone district (s) . Little Nell: Commercial Core/SPA Intent for SPA Designation: The Little Nell base area property is a critical piece of land in Aspen. The property provides skier access to one of the premier ski areas in the Country. Furthermore, this parcel provides a unique opportunity for Aspen Mountain's facilities to be properly oriented and linked to the facilities in the downtown and lodge districts, while maintaining the feeling that the ski area drops right into town and can be easily viewed from town. Historically, uses on or contemplated for the Little Nell property have included accessory skiing facilities, commercial, lodge and residential. It is most important for both the City and the Ski Company to obtain a comprehensive plan for the area which optimizes the accessibility of the base area to skiers while also creating a tasteful, high quality base development to serve the ski area and blend with surrounding development. The intent of the SPA designation is to provide flexibility to the developer to achieve a design which protects public views of the mountain and provides desired skier access within the context of a mixed use commercial, accommodations and ski base complex complimentary to the remainder of the Aspen downtown area. Rio Grande: Public/SPA Intent for SPA Designation: The Rio Grande property came into public ownership in the early 1970s by the expenditure of "7th penny" transportation funds which were later reappropriated by the use of "6th penny" open space funds to allow the interim use of the playfield, and has since been looked at by various segments of the community for a multitude of public purposes. In 1977 an "Interim SPA Plan" was adopted by the City identifying recreation and parking as the key uses for the property, recognizing certain key outparcels, and providing for a land trade to build the Eagle's Lodge. In 1980-81 the Rio Grande Task Force completed a report listing potential uses for the property and a general configuration for such uses. Key facilities included a performing arts center, jail, parking structure, transit facility, recreation, library, greenway and restaurant. Subsequently, in 1982, the report was used to formulate a conceptual SPA plan for the site containing most, if not all, of these uses. Despite the long history of planning for this property, a consensus has never been reached as to the optimal mix of uses and the best development plan for this land. Nevertheless, due to its Resolution No. 84- 9 Page 8 being one of the last large undeveloped parcels in the downtown area, with proximity to many other key public properties, this parcel provides a unique opportunity to meet various public priorities benefitting the entire community. The intent of the SPA designation is to provide the design flexibility within which open space, cultural and transportation needs can be met through a plan which is sensitive to the Roaring Fork Greenway Plan and the desire for pedestrian and mass transit access to this site from the downtown area. APPROVED by the Aspen Planning and Zoning Commission at their regular meeting on September 4, 1984. ASPE~ PLANNI~ A~D ZONIN~ C01qlqlSSION ATTEST: Pez ry/Razvey, Chai ~n Barbara Norris, Deputy City Clerk