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HomeMy WebLinkAboutordinance.council.020-85 RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 20 (se£3[es of 1985) AN ORDINANCE REPEALING AND REENACTING ARTICLE VII, CHAPTER 24 OF THE HUNICIPAL CODE PERTAINING TO SPECIALLY PLA~N/~D AREAS; AHENDING SECTION 24-2.1 BY IDENTIFYING PUD AND SPA AS ZONE DISTR~CT OVER- LAYS; AHENDING SECTION 24-3.4 TO PROVIDE THAT THE AREA AND BULK REQUIREJIBNTS OF THE PARK ZONE DISTRICT SHALr. BE SET BY THE ADOPTION OF AN SPA PLAN; ADDING A NEW SECTION 24-11.3(j) TO PROVIDE FOR THE SI~IULTANEOUS SUBMISSION AND PROCESSING OF GMP, SPA, PUD AND SUBDIVISION APPLICATIONS; AND REPEALING AND REENACTING. SECTION 24-11.1 (b) TO CLARIFY THAT APPLICANTS IN ALL ZONE DISTRICTS MAY APPLY FOR LODGE DBVELOPHENT ALLOTHENTS WHEREAS, during 1983, the Aspen City Council (hereinafter "Council") did direct the Planning Office to evaluate Article VII of the Municipal Code, Specially Planned Area (SPA); and WBERBAS, following an extensive review of the regulations as well as the status of properties currently identified on the zoning district map as "SPA", the Council did refer the matter to the Aspen Planning and Zoning Commission (hereinafter "Commission"); and W~EREAS, the 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; and WBERE~%~, the Commission did adopt Resolution 84-9, recommending that the Council adopt various amendments with respect to the Specially Planned Area provisions of the Municipal Code; and W-BEREAS, the Council, having considered the Commission's resolution, did adopt Ordinance 29, Series of 1984, empowering the Planning Director to authorize minor changes to sites which have adopted precise plans; and W~ER~AS, the City Attorney, in a memorandum to the Planning Director dated January 24,, 1985, did recommend that the Ordinance be returned to the Commission for its review; and RECORD OF PROCEEDINGS 100 Leaves 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 did adopt Resolution No. 85-2, a resolution recommending various additions and deletions to the Ordinance regarding Specially Planned Areas; and W~EREAS, having considered the recommendations of the Commission, the Council desires to repeal and reenact Article VII, Chapter 24 of the Municipal Code as set forth hereinbelow. NOW, THEI~FORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Article VII, Chapter 24 of the Municipal Code of the City of Aspen, be and the same is hereby repealed and reenacted to read as follows: "ARTXOLE VII. SPECIALLY I~AI~N~D AREAS Sec. 24-7.1 Statement of Intent; Development (a) Specially Planned Area (SPA) refers to those parcels designated on the zoning district map by the overlay "SPA" upon which uses may be permitted and development shall proceed only upon compliance with the requirements of this article. (b) The purpose of a Specially Planned Area (SPA) designation is to: (1) Provide design flexibility for parcels which require innovative consideration in those circumstances where traditional zoning techniques do not adequately address their historic significance, there is a potential for community benefit from the parcel's development and the parcel has unique attributes. (2) Allow the integration of mixed use projects on a single parcel of land through the encouragement of innovative design practices and by permitting variations from standard use limitations. (3) Establish a precise plan which provides a detailed land use plan for the entire parcel in question. (4) Establish a mechanism by which parcels upon which there has historically been a variety of uses or parcels which are considered appropriate for multiple uses can be planned and developed in a manner which provides the greatest public benefit. 2 RECORD OF PROCEEDINGS 100 Leaves (c) 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, commercial square footage, or other accessory buildings and structures located on the property, the construction or substantial modification of roads, any significant site grading or other earthwork or the installation or substantial modification of utilities. Sec. 24-7.2 Procedure for Designation of Sites as SPA (a) 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 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. (b) Parcels 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 information as to the intended use of the parcel. The underlying zone designa- tion shall be used by the Planning Commission and City Council in their review of any precise plan submission for the parcel as a guide, but not as an absolute limitation, to the uses and development permitted on the parcel. (c) In designating parcels with an SPA overlay, the Planning Commission and City Council shall make findings as to the unique characteristics of the parcel which justify its designation with an SPA overlay, including how the parcel complies with the intents and purposes of this Article. (d) The removal of an SPA designation from a parcel shall occur in accordance with the same procedures used in designating the parcel with the SPA overlay, but shall leave an underlying zone(s) on the property. 24-7.3 Conceptual Plan (a) An applicant for any site designated, or proposed to be designated with an SPA Overlay shall submit a conceptual plan, for the purpose of establishing the objectives which the SPA designation is to achieve. The conceptual submission shall include 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 project density, and design concepts to be employed. The applicant shall consult with the Planning Director as to the submission requirements prior to the submission of the conceptual plan; however as a general guide, it is not intended that the submission go into the technical detail required of conceptual subdivision cz conceptual PUD. (b) If a parcel is owned by more than one individual, consent to the application from all owners shall be required before the application may be processed. 3 RECORD OF PROCEEDINGS 100 Leaves (c) The conceptual plan shall be reviewed by the Planning Commission. Pollowing the conclusion of its review, the Planning Commission shall recommend the approval or denial of the conceptual plan to the City Council, including 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 revisions or conditions as may be appropriate) or deny the plan. The City Council's conceptual plan review shall occur at a public hearing which shall be noticed according to the procedures in Section 24-7.5 below. Sec. 24-7.4 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 plan for the entire parcel in question by following the procedures in this Article. (b) Variations from the following requirements of the underlying zone district may be allowed based on the standards of Section 24-7.6: 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. (c) Except to the extent variations may be permitted pursuant to this Article, the application shall demonstrate compliance with applicable zoning requirements of this chapter and subdivision requirements of Chapter 20, if a subdivision is proposed. (d) 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 Area shall follow the procedures set forth in this Article. However, no variations shall be permitted from the use requirements of the underlying zone district unless the site shall also be designated with an SPA overlay. Sec. 24-7.5 Procedure for Review of Precise Development Plan (a) Applicants shall meet with the Planning Director in a pre- application conference at which the Planning Director shall identify the review procedures, submission requirements and evaluation criteria for the processing of the Precise Plan. (b) Following the submission of the application and its certifica- tion as complete by the Planning Director, the Planning Commission shall hold a public hearing on the precise 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 4 RECORD OF PROCEEDINGS 100 Leaves sent by first-class mail to all property owners within the area of the proposed development plan 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) Following the conclusion of the hearing, the Planning Commission shall recommend the approval or denial of the precise plan to the City Council, including any applicable conditions thereto. (d) The City Council shall grant final approval (including such revisions or conditions as may be appropriate) or deny the plan after 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 application in which a subdivision approval is requested, the review and adoption of the precise plan shall occur at the preliminary and final subdivision stages. (f) Following the approval of a precise plan, the plan (including all conditions of approval and representations of the applicant) shall constitute the development regulations for the parcel until such time as the plan is amended or the SPA designation is removed from the parcel. The precise plan shall be recorded in the Office of the Pitkin County Clerk and Record and shall be binding upon the applicant and the applicant's successor or assigns, and shall limit and control the issuance and validity of all building permits and certificates of occupancy for improvements thereon. Sec. 24-7.6 Submission Requirements for Review of Precise Plan (a) The application shall reflect the proposed development for the entire ownership and shall indicate all adjacent lands owned or under option by the applicant. (b) The application 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 Director as to the applicability of each of these requirements to the project proposal. (c) The application shall specify the zone district regulations 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). 5 RECORD OF PROCEEDINGS 100 Leaves (d) The application shall provide a schedule specifying the time frame of the development which is to occur on the parcel. (e) Development on parcels which contain lands having slopes in excess of 20% shall comply with the slope reduction require- ments of Section 24-8.18 of this Code and underlying density shall be calculated according to the provisions of that section. (f) The pzecise plan shall be submitted no later than two (2) years subsequent to the date of the City Council approval of the conceptual plan. The conceptual plan approval for the site shall automatically expire at such time unless application for an extension is made and granted by the City Council. Sec. 24-7.7 Standards for Review of Precise Plan (a) In their review of the precise plan, the Planning Commission and City Council shall consider the following standards: (1) Whether the proposal is compatible with neighboring developments in terms of use, density, height, bulk, open space, landscaping and other site and architectural design features. (2) Whether sufficient utilities and roads exist to service the intended development (3) Whether the parcel is suitable for the intended develop- ment, considering the slope, ground instability and the possibility of mud flow, rock falls, avalanche dangers and flood hazards. (4) Whether the applicant has creatively employed land planning techniques such as setbacks, clustering, screening, buffering and architectural design to preserve significant view planes, avoid adverse environ- mental 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. (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 demonstrate the reasonableness and suitability of the precise plan, its conformity to the requirements of this article, that the adverse effects of the proposed development have been minimized to the extent practicable, and that it complies with the City Council's intent in originally designating the site with an SPA overlay, including the reasonable conformance of the precise plan with the approval granted to the conceptual plan. (c) The City Council shall only grant final approval to those portions of the precise plan for which growth management allotments, if otherwise required, have been obtained. RECORD OF PROCEEDINGS 100 Leaves Sec. 24-7.8 SPA Agreement Upon final approval, the applicant and the City Council shall enter into an agreement (which agreement may be the same as a subdivision agreement) binding the real property to the conditions upon which the precise plan was approved by the City Council and defining such variations from the underlying zone district and regulations and limitations thereto as are set forth in the precise plan. Sec. 24-7.9 Amendment of Adopted Precise Plan Substantial amendments to the precise plan shall constitute 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 review 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 project. 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 improvements survey of existing conditions may be substituted to permit the evaluation of whether the proposed activity is a minor or substantial change to the site. Section 2 That Section 24-2.1 of the Municipal Code of the City of Aspen be and the same is hereby amended such that subsections (21) and (22) read as follows: "(21) SPA Specially Planned Area (Overlay). (22) PUD Planned Unit Development (Overlay)." Section 3 That Section 24-3.4 of the Municipal Code of the City of Aspen be and the same is hereby 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. Section 4 That a new Section 24-11.3(j) of the Municipal Code of the City of Aspen be and the same hereby is enacted to read as follows: "(j) For projects requiring subdivision, PUD, precise SPA plan, zoning, special review or other approval from the City of Aspen, complete applications shall be submitted addressing the applicable provisions of the Municipal Code simultaneously with the submission of applications for a development 7 RECORD OF PROCEEDINGS 100 Leaves allotment. Zoning applications submitted in conjunction with development allotment applications shall not be subject to the limitations upon the date of submission and review established in Section 24-12.5 of this Code. All required associated reviews shall be initiated by the Planning and Zoning Commission in conjunction with the review of an application for a development allotment. Section 5 That Section 24-11.1(b) of the Municipal Code of the City of Aspen be and the same hereby is repealed and reenacted to read as follows: "(b) Within all zone districts except the L-3, thirty-five (35) lodge or hotel units." Section 6 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 remaining portions thereof. Sect/on 7 A public hearing on this Ordinance shall be held on the /~'~day of .~~ , 1985, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same shall be published once within a newspaper of general circulation within the City of Aspen. INTRODUCED, READ, AND O~DEI%ED published as provided by law of the City Council of the City of Aspen, Colorado, on the o~.~~''- day of . ~ Wllliam L. Stifling, Mayor \/ ATTEst: , Cf y lo ,, RECORD OF PROCEEDINGS 100 Leaves FINALLY adopted, passed and approved this ~5~ day of  -5' 1985. Kathryn S~/Koch, City Clerk William L. StzrlJng, Mayor ~ 9 RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO CERTIFICATE COUNTY OF PITKIN I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on first reading at a regular meeting of the City Council of the City of Aspen on ~- , , , 1985, and published in the Aspen Times, a weekly newspaper of general circulation published in the City of Aspen,Colorado, in its issue of ~-~- 1985, and was finally ! adopted and approved at a regular meeting of the City Council on ~ ~._~ . ., 1985, and ordered published as Ordinance No. ~ , Series of 1985, of said City as provided by law. IN WITNESS W~EREOF, I have hereunto set my hand and the seal of said City of Aspenw Colorado this__._~ ....... day of ~ 1985. / SEAL Deputy City' Clerk ''