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HomeMy WebLinkAboutordinance.council.004-10Ordinance No. 4 (SERIES OF 2010) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL AMENDING THE FOLLOWING SECTIONS OF THE CITY OF ASPEN LAND USE CODE: SECTION 26.304.070.D -EXPIRATION OF DEVELOPMENT ORDER AND SECTION 26.304.075 -BUILDING PERMIT WHEREAS, the Community Development Director of the City of Aspen initiated an application proposing amendments to the Land Use Code, pursuant to Chapter 26.210; and, WHEREAS, the amendments requested relate to Section 26.304.070.D - Expiration of Development Order and Section 26.304.075 -Building Permit, of the Land Use Code of the Aspen Municipal Code; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Community Development Director and then by the Planning and Zoning Commission at a public heazing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Director recommended approval of amendments to the above listed Sections as further described herein; and, WHEREAS, the Planning and Zoning Commission opened a duly noticed public heazing to consider the proposed amendments as described herein on December 15, 2009, took and considered public testimony and the recommendation of the Director and recommended, by a three to one (3-1) vote, City Council adopt the proposed amendments. WHEREAS, the Aspen City Council has reviewed and considered the recommended changes to the Land Use Code under the applicable provisions of the Municipal Code identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the proposed text amendments to the Land Use Code meet or exceed all applicable standazds and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Ordinance No. 4, Series of 2010 Page 1 Section 1• Section 26.304.070.D -Expiration of Development Order, which section describes time limitations on a Development Order, shall read as follows: D. Expiration of development order. The development order shall not expire but shall be subject to any amendments to the Land Use Code, that have been adopted since the development was approved, after the period of vested rights has expired. Vested property rights, including allotments received pursuant to Chapter 26.470, shall expire on the day after the third (3`d) anniversary of the effective date of the development order, unless a building permit application submittal is accepted and deemed complete by the Chief Building Official, pursuant to Section 26.304.075 below, or unless an exemption or extension of the approval is granted by the City Council pursuant to Section 26.308. Once a complete building permit application submittal has been accepted, the development order shall remain valid subject to applicable limitations of the International Building Code, the International Residential Code and adopted policies of the Chief Building Official; regarding the timely pursuit and execution of a building permit. In no case shall a development order be valid more than ten (10) yeazs. Section 2• Section 26.304.075 -Building permit, which section describes the process to obtain a building permit, shall read as follows: 26.304.075. Building Permit. A. Application. 1. Recordation and fees. Prior to the submission of an application for a building permit, all documents reflecting and memorializing final development approval for which a building permit is requested shall be reviewed and approved by the City of Aspen and recorded in the county clerk and recorder's office. Proof of such recording shall accompany the building permit application. Documents reflecting or memorializing final development approval shall include, but not be limited to, a final plat, a resolution or ordinance granting final development approval, a subdivision or other improvements agreement, a development agreement and/or deed restrictions which may be required as a condition of development approval. Prior to the submission of an application for a building permit, all fees associated with a project's land use review shall be paid in full. Unless otherwise determined by the Community Development Director, the Chief Building Official shall not accept building permit applications for which all documents and agreements have not been recorded or land use review fees have not been paid. Ordinance No. 4, Series of 2010 Page 2 2. Contents. An application for a building permit shall be submitted to the Chief Building Official. The application shall include scaled plans, drawings, depictions, studies, and reports sufficient to demonstrate compliance with applicable codes and regulations of the City of Aspen, codes and regulations of outside agencies with jurisdiction, and the allowances and limitations of the Development Order. The application shall be submitted in a form and manner as prescribed by the Community Development Director, as may be amended from time to time. The application shall be accompanied by the applicable permit review fees, some or all of which may not be refundable upon denial or withdrawal of the application. Attached to the application shall be a copy of the development order (if applicable) and an improvements survey meeting the standards and requirements of the City Engineer that has been prepazed and certified by a registered land surveyor. The improvements survey shall include a site plan which conforms to the requirements set forth at Subsection 13.20.020(b) Paragraph (2) for a tree removal permit. 3. Completion Review and Acceptance. The Chief Building Official shall review the contents of the building permit application for completion in a timely manner. Applications found complete shall be reviewed for compliance with applicable codes and regulations of the City of Aspen, codes and regulations of outside agencies that have jurisdiction, and the allowances and limitations of the Development Order. Applications found incomplete shall be returned to the applicant along with all review fees. Partial or incomplete applications shall not be accepted. Acceptance of a complete application shall not imply compliance or prohibit the Chief Building Official from requesting additional information or amendments to the plans in order to determine or achieve compliance. B. Compliance Review and Issuance. Upon receipt of a completed application, the Chief Building Official shall timely refer copies of same to the Community Development Director and such other appropriate City staff and/or departments and outside agencies for compliance review. The application shall be evaluated to determine whether the proposed development: 1. Complies with the International Building Code and other applicable construction codes; 2. Complies with the adopted requirements, specifications, and regulations of the City of Aspen and outside agencies with jurisdiction; 3. Complies with zoning requirements and the allowances and limitations of the Development Order, development agreements and land use approvals and entitlements granted by the City, and all conditions thereon. Ordinance No. 4, Series of 2010 Page 3 4. Is subject to review, impact, cash-in-lieu, dedication, permitting or other similar development fees or taxes. The Chief Building Official shall provide to the applicant a summary of such fees to be collected by the City upon issuance of the building permit, or phases thereof. If the application does not comply with the above enumerated requirements, written notice shall be timely provided to the applicant specifying the deficiencies. No further action shall be taken on the application until all deficiencies are remedied by the applicant. If the applicant does not address the deficiencies within a reasonable timeframe, as determined by the Chief Building Official, the application shall be denied. Upon cure of all deficiencies, the Chief Building Official shall again review the application for compliance, which may again include referring the application to appropriate City or outside agencies. If the application does comply with the above enumerated requirements, a building permit shall issue upon payment of all applicable City fees and other fees collected by the City on behalf of outside agencies. The Chief Building Official may choose to issue permits for portions or phases of a project in compliance with the allowances and limitations of the International Building Code and the policies of the Community Development Department. Section 3• This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: 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. Section 5• That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Section 6: A public hearing on the Ordinance shall be held on the 25th day of January, 2010, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Section 7• This ordinance shall become effective thirty (30) days following final adoption. [signatures on following page] Ordinance No. 4, Series of 2010 Page 4 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the l ls' day of January, 2010. Attest: Kathryn S, och, City Clerl Michael C. Ire and, Mayor FINALLY, adopted, passed and approved thist~ay ofJ 10. Attest: /,`~ `" _ Kathryn Koch, City Cler Approved as to form: .~%~ <_ City"Attorney Ordinance No. 4, Series of 2010 Page 5 ~o m a .. n `rtC n O k m C O 0 N T m ~+ Z O m O A o y D -~ _ o~Z saz n ~ D o C N d ~- O ,7 d w ~' c~ ~, ~' a~ 6' ~. w ~ ~~ ~, o ~ w o 0 ~~ lrtY ~ O ~ M~ c ~ Q. ~~ O ~ `.-~ P~ o ~ 0 n `rtC O o~ o N o ~ ~ ^ N f~i 'J f+ C C m G ~' rt :y N ~ ~ ~ ~ ~ . a: N x" ~~~ o~ ~~° ~ i OQ ~ ~ FO ,t n Lp ~ ~' C ' j' 3f] `i .'y ~ w p. ~ o' ~ ~ G. ~rt n o n `.1 (D W U'~. i--' N y ~ E N ."' M P. n "cl 1 . ~ n L N ~ , p , ~ "~ C~ ~. 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SmmNna ~TN~ ~~ ~~ STNTr,O-2 oa x ~m e'^N mrpNyas `d''m' ~ Z° ~~d riOmim inOv m 0 oa -w= $zH~:~ naa 0 Oyd w_om O~~Cfii2 NCO yp ~ n 3A mae~im Om~ -' aoc mQ a4Jw 3m.iDr~ y~zy F m -_ y9.N NO O~ - ~ o Nn~ oojzos - - masfa ° mazzm i n n~~iy~m_ - -- ooN~ ~2 H m zzm.~ a t~z1 n O 0 d O ro ~" z ~~ H A 00 w 0 1 z ~ ~ Q N 3 4524154 Ordinance No. PROOF OF PUBLICATION (SERIES OF 2010) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL AMENDING THE FOLLOWING SEC- TIONS OF THE CITY OF ASPEN LAND USE CODE: SECTION 26.304.070.D - EXPIRATION OF DE- VELOPMENT ORDER AND SECTION 26.304.075 - BUILDING PERMIT WHEREAS, the Community Development Director of the City of Aspen initiated an application proposing amendments to the Land Use Code, pursuant to Chapter 26.210; and, Tn: A:x TIM!: WHEREAS, the amendments requested relate to Section 26.304.070.D Expiration of Development Or Aspn der and Section 26304.075 - Building Permit, of the Land Use Code of the Aspen Municipal Code; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code • shall be reviewed and recommended for approval, approval with conditions, or denial by the Community Development Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, STATE OF COLORADO, COUNTY OF PITKIN WHEREAS, the Director recommended approval of amendments to the above listed Sections as further described herein; and, WHEREAS, the Planning and Zoning Commission opened a duly noticed public hearing to consider the I, Jenna Weatherred, do solemnly swear that I am a Publisher of the ASPEN proposed amendments as described herein on December 15, 2009, took and considered public stimony and the recommendation of the Director and recommended, by a three to one 3 -1 vote, City Council TIMES WEEKLY, that the same weekly newspaper printed, in whole or in adopt the proposed amendments. and published in the County of Pitkin, State of Colorado, and has a WHEREAS, the Aspen plryb pobooreviewedand considered dreed herein, d changes to the Land art t�� Use Code under the non le of provisions of the Municipal Code identified eP n, has reviewed and s- P P `J sidered the rerecommendation mm applicable of the Community Deeveelopm l ment nt Director, the Planning and d Zoning Commis- general circulation therein; that said newspaper has been published lion, and has taken and considered public comment at a public hearing; and, I continuously and uninterruptedly in said County of Pitkin for a period of WHEREAS, the City Council finds that the proposed text amendments to the Land Use Code meet or ex- ceed all applicable standards and that the approval of the proposal is consistent with the goals and ale - more than fifty -two consecutive weeks next prior to the first publication of manta ofthe Aspen Area Community Plan; and, WHEREAS, the City Council rods that this Ordinance IurtM1ers and Is necessary for the promotion of pub- the annexed legal notice or advertisement- lic health, safety, and welfare. NOW :THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN. COLO- RADO as follows: That the annexed legal notice or advertisement was published in the regular g P Section 1 Section 26.304.070.D - Expiration of Development Order, which section describes time limitations on a and entire issue of every number of said daily newspaper for the period of 1 Development Order, shall read as follows: consecutive insertions; and that the first ublication of said notice was in the D. Expiration of development order. The development order shall not expire but shall be subject to any P amendments to the Land Use Code, that have been adopted since the development was approved, after issue of said newspaper dated 1/17/2010 and that the last publication of said the period of vested rights has expired. Vested property tights, including allotments received pursuant to P Chapter 25470, shall expire on the day after the third (3rd) anniversary of the effective date of the devel- opment order. unless a complete building permit application submittal is accepted by the Chief Budding notice was in the issue of said newspaper dated 1/17/2010. . official pursuant to Section 26304.075 below or unless an exemption or extension of the approval is In witness whereof, I have here unto set my hand this 25th day of January, granted by the City Council pursuant to Section 26.306. Y Y J 'J, Section 2: 2010. Section 26 304.075 - Building permit, which section describes the process to obtain a building permit, shall read as follows: 26.304.075 Building Permit 0 A, Application. 4 A A 1.Recordation and fees. Prior to the submission of an application for a building permit, all r u sreflecting and memorializing fib e i of development approval for which a building permit is Jenny Weatherredj Publishe requested shall . be reviewed of such and approved nos by y e omthe of Aspen and ntl r per e in the county clerk and reco rde office. Proof of such re pen accompany the include, bg permit mit in itedtlo finauma a reoc or memorrializing anti develovelos pmment t a ah C pen s but limited to, a rioet, a resolution or ordinance granting final developmment t approval, a subdivision lim tim or other i , mprovv emmenn ts agreement, a development agreement and/or deed restrictions which may be required as condition of Subscribed and sworn to before me, a notary public in and for the County of development approval. Prior to the submission of an application for a budding permit, all fees s associated with a project's land use review shall be paid in full. Unless otherwise determined by the Community De- Garfield, State of Colorado this 25th day of January, 2010. velopment Director, the Chief Building Official shall not accept building permit applications for which all documents and agreements have not been recorded or land use review fees have not been paid. 2. Contents. An application for a building permit shall be submitted to the Chief Building Official. The application shall include scaled plans, drawings, depictions, studies. and reports sufficient to 1/I1 A - - 1).W/ I I demonstrate tste s compliance with ul M1 applicable codes and raga City regulations of the City of o codes a Aspen, a op and ✓ _ 1/ 16 4 - )4 regulations 01 outside agencies with jurisdiction, and n allowances of the ty o of the Development and Order. The application shall be submitted in a form and manner as prescribed by the Community Development Director, as may be amended from time to time. The application shall be accompanied by Mary E. rkenhagen, Notary Public the applicable permit review fees, some or all of which may not be refundable upon denial or withdrawal of the application. Attached to the application shall be a copy of the development order (if applicable) and an My Commission expires: August 27, 2011 improvements survey meeting the standards and requirements of the City Engineer what has been . '' prepared and certified by a registered land surveyor. The Improvements survey shall include a site plan • which conforms to the requirements set forth at Subsection 1320.020(h) Paragraph (2) for a tree removal • I permit. 3 Completion Review and Acceptance. The Chief Building Official shall review the contents of the building permit application for completion in a timely manner. Applications found complete shall be T S r reviewed for compliance with applicable codes and regulations of the City of Aspen, codes and regulations Aspen (LEGAL S) City of of outside agencies that have jurisdiction, and the allowances and limitations of the Development Order. - ' - '. _ Applications found incomplete shall be returned to the applicant along with all review fees. Partial or Incomplete applications shall not be accepted. Acceptance of a complete application shall not Imply compliance or prohibit the Chief Building Official from requesting additional information or amendments to 4 the plans in order to determine or achieve compliance. J D. Compliance Review and Issuance. Upon receipt of a completed application, the Chief Building Official shall timely refer copies of same to the Community Development Director and such other appropriate City staff and /or departments and outside agencies for compliance review. The application shall be evaluated to determine whether the proposed development: • - - ,-- i'2111 1. Complies with the International Building Code and other applicable construction codes; 2. Complies with the adopted requirements, specifications, and regulations of the City of Aspen and outside agencies with jurisdiction; 3.Complies with zoning requirements and the allowances and limitations of the Development Order and conditions thereon. 4.1s subject to review, impact, cash -in -lieu. dedication, permitting or other similar development fees or taxes. The Chief Building Official shall provide to the applicant a summary of such tees to be collected by the City upon issuance of the building permit, or phases thereof. If the application does not comply with the above enumerated requirements. written notice shall be timely provided to the applicant specifying the deficiencies. No further action shall be taken on the application until all deficiencies are remedied by the applicant. If the applicant does not address the deficiencies within a reasonable timehame, as determined by the Chief Building Official, the application shall be denied. Upon cure of all deficiencies, the Chief Building Official shall again review the application for compliance, which may again Include referring the application to appropriate CM or outside agencies. If the application does comply with the above enumerated requirements, a building permit shall issue upon payment of all applicable City fees and other fees collected by the City on behalf of outside agencies. The Chief Building Official may choose to issue permits for portions or phases of a project in compliance with the allowances and limitations of the International Building Code and the policies of the Community Development Department. Section 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, ' and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held in- . valid 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. Section 5: • That the Ciry Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office of Me Pitkin County Clerk and Recorder. Section 6: A public hearing on the Ordinance shall be held on the 2501 day of January, 2010, at 5 :00 p.m. a the City Council Chambers, Aspen City Hall, Aspen Colorado. fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Section 7: This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 11th day of January, 2010. Attest: Kathryn S. Koch, Michael C. Ireland City Clerk Mayor • Published in the Aspen Times Weekly on January 17, 2010 t45241541