HomeMy WebLinkAboutordinance.council.003-12 ORDINANCE No. 3
(Series of 2012)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING THE 2011/2012 ASPEN
AREA COMMUNITY PLAN (AACP) AS A GUIDING DOCUMENT, REPLACING THE
2000 AACP AND DECLARING IT NO LONGER IN EFFECT, AND ADOPTING CODE
AMENDMNETS RELATED TO THE REVIEW CRITERIA REQUIRING COMPLIANCE
WITH THE AACP AND ADDING NEIGHBORHOOD OUTREACH REQUIREMENTS
TO THE LAND USE CODE:
26.304 — COMMON DEVELOPMENT REVIEW PROCEDURES; 26.310.040 AND
26.310.050 — AMENDMENTS TO THE LAND USE CODE AND OFFICIAL ZONE
DISTRICT MAP; 26.314.040 — VARIANCES; 26.425.040 — CONDITIONAL USES;
26.435.030 — DEVELOPMENT IN ENVIRONMENTALLY SENSITIVE AREAS (ESA),
8040 GREENLINE REVIEW; 26.435.040 — DEVELOPMENT IN ENVIRONMENTALLY
SENSITIVE AREAS (ESA), STREAM MARGIN REVIEW; 26.440.050 — SPECIALLY
PLANNED AREA (SPA); 26.445. — PLANNED UNIT DEVELOPMENT (PUD);
26.470.030 — GROWTH MANAGEMENT QUOTA SYSTEM (GMQS); 26.470.050 —
GROWTH MANAGEMENT QUOTA SYSTEM (GMQS); 26.480.050 — SUBDIVISION;
26.515.040 — OFF - STREET PARKING; 26.412 — COMMERCIAL DESIGN REVIEW;
26.415 — HISTORIC PRESERVATION
WHEREAS, the City of Aspen City Council, pursuant to Section 26.208.0100)
of the City of Aspen Land Use Code, has the authority to adopt community plans for the City of
Aspen that are guiding in nature; and
WHEREAS, in 2008 the City of Aspen commissioned a study with Economic Research
Associated (ERA), a consulting firm, who produced a White Paper on the Aspen Economy
(referred to as the "Economic White Paper ") outlining a history of the Aspen economy since
1970; and
WHEREAS, in from October 2008 — Feb 2009, the public provided extensive input on
an update to the 2000 AACP through small group meetings, large group meetings, and a survey
(collectively referred to as "round 1 of public input "); and
WHEREAS, the Aspen Planning and Zoning Commission and the Pitkin County
Planning and Zoning Commission (hereinafter referred to as "Commissions ") met in work
sessions from Feb 2009 through September 2010 to draft an update to the 2000 AACP using
round 1 of public input, the Existing Conditions Report, the Economic White Paper, and
comments from the public as well as City and County staff; and
WHEREAS, on September 30, 2010 a draft of the AACP update was released for public
review; and
WHEREAS, from October 2010 — January 2011 a second round of public outreach was
held, which included small group meetings, large group meetings, and a survey (collectively
referred to as "round 2 of public input "); and
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WHEREAS, the Commissions met in work sessions from January 2011 - March 2011 to
review round 2 of public input; and
WHEREAS, on March 28, 2011 a second draft AACP update was released for public
review; and
WHEREAS, during duly noticed public hearings, the Commissions held public hearings
to make edit the draft and to solicit public comment and input on the draft of the AACP Update
on April 12, 2011, April 26, 2011, May 10, 2011, May 19, 2011, May 24, 2011, May 26, 2011,
May 31, 2011, June 2, 2011, June 9, 2011, June 10, 2011, June 16, 2011, July 7, 2011, July 12,
2011, July 14, 2011, July 21, 2011, July 26, 2011, July 28, 2011, August 9, 2011, August 11,
2011, August 12, 2011, August 18, 2011, August 25, 2011, September 8, 2011, and September
13, 2011; and
WHEREAS, on September 15, 2011 a third draft AACP update was released for public
review; and
WHEREAS, during duly noticed public hearings, the Commissions held public hearings
to make edit the draft and to solicit public comment and input on the draft of the AACP Update
on September 22, 2011, September 29, 2011, October 11, 2011 and November 8, 2011; and
WHEREAS, on November 8, 2011 a fourth draft AACP update was released for public
review; and
WHEREAS, the Aspen Planning and Zoning Commission found that the 2011 AACP
furthers the goals of the Aspen area community and that it is in the best interest of the
community that the plan be adopted, and did pass Resolution 22, Series of 2011 during a duly
noticed public hearing on November 15, 2011, continued from November 8, 2011, adopting the
2011 Aspen Area Community Plan as a guiding document; and
WHEREAS, in accordance with Sections 26.210 and 26.310 of the City of Aspen
Land Use. Code, the Director of the Community Development Department initiated
amendments to the Land Use Code related to compliance with the Aspen Area Community
Plan (AACP) and neighborhood outreach to reflect the fact that the 2011 /2012 AACP update
is being adopted as a guiding document; 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,
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to the City of Aspen Land Use Code Sections 26.304 - Common
Development Review Procedures, 26.310.040 - Amendments to the Land Use Code and Official
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Zone District Map, 26.314 — Variances, 26.425.040 — Conditional Uses, 26.435.030 — ESA 8040
Greenline Review, 26.435.040 — ESA Stream Margin Review, 26.440.050 — SPA, 26.445 —
PUD, 26.470 — Growth Management Quota System (GMQS), 26.480.050 — Subdivision, and
26.515.040 — Off - Street Parking; and,
WHEREAS, during a duly noticed public hearing on January 10, 2012, the Planning and
Zoning Commission recommended that City Council approve amendments to the text of Sections
26.304 — Common Development Review Procedures, 26.310.040 — Amendments to the Land
Use Code and Official Zone District Map, 26.314 — Variances, 26.425.040 — Conditional Uses,
26.435.030 — ESA 8040 Greenline Review, 26.435.040 — ESA Stream Margin Review,
26.440.050 — SPA, 26.445 — PUD, 26.470 — Growth Management Quota System (GMQS),
26.480.050 — Subdivision, and 26.515.040 — Off - Street Parking, as described herein, by a five -
zero (5 - 0) vote; and,
WHEREAS, the Aspen City Council finds that the amendments meet or exceed all
applicable standards pursuant to Chapter 26.310 and that the approval of the amendments is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the Aspen City Council find that the 2011 /2012 AACP furthers the goals of
the Aspen Area community and that it is in the best interest of the community that the plan be
adopted and replace the 2000 AACP as the City of Aspen's Community Plan; and
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare; and
WHEREAS, the Aspen City Council finds that the 2011/2012 AACP furthers the goals of
the Aspen Area community and that it is in the best interest of the community that the plan be
adopted as a guiding document; and
WHEREAS, the amendments to the Land Use Code are delineated as follows: Text
unaffected is black and in standard print and looks like this. Text bring removed is red with
strikethrough and looks like this. Text being added to the code is green with underline and looks
like this.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1: The Aspen City Council hereby adopts the 2012 Aspen Area Community Plan as a
guiding document that functions as the City of Aspen's Community Plan and Master Plan. All
references to "Community Workforce Housing" shall be changed to "affordable housing." The
2000 AACP is no longer in effect as the Community Plan or Master Plan for the City of Aspen.
Section 2: 26.304.020.B — Common Development Review Procedures, Pre - application
conference, Issues of discussion, shall be amended as follows:
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B. Issues of discussion. Issues that may be discussed at the pre - application conference may
include, but are not limited to, the following:
1. Proposed development. The applicant should describe the general nature of the proposed
development including, if applicable, proposed land uses and their densities; proposed
placement of buildings, structures and other improvements; character and location of
common open space or treatment of public uses; preservation of natural features;
preservation of properties listed on the Aspen Inventory of Historic Landmark Sites and
Structures; protection of environmentally sensitive areas; proposed off - street parking and
internal traffic circulation and total ground coverage of paved areas and structures.
2. Review procedure. The Community Development Department staff member shall
identify procedural review requirements for the proposed development and applicable
review standards and terms of this Title that apply to the review of the proposed
development. This should include identifying those stages of the common review
procedure which apply, which decision - making body or bodies will review the
development application and the approximate length of the development review
procedure.
3. Referral agencies. The Community Development Department staff member shall identify
the City, State and Federal agencies that are required to review the proposed
development, provide the applicant with persons at these agencies to contact about
review procedures and generally describe the information which will be needed to satisfy
the concerns of the relevant City, State and Federal agencies.
4. Application contents. The Community Development Department staff member shall
establish the contents of the development application required to be submitted for the
proposed development. This should include descriptions of the types of reports and
drawings required, the general form which the development application should take and
the information which should be contained within the application.
5. Application copies and fee. The Community Development Department staff member
shall identify the number of copies of the development application that are required to be
submitted for the proposed development, along with the amount of the fee needed to
defray the cost of processing the application and an estimate of the number of hours of
staff review time associated with the fee.
6. Written summary. Following the conclusion of the conference, the applicant shall be
presented with a written summary of the meeting. One (1) copy of this written summary
should be submitted back to the Community Development Department at the time of
submission of the development application.
7.Neighborhood Outreach. The Community Development Department staff member shall
identify if neighborhood outreach, as outlined in Sec 26.304.035, is required prior to
submission of the development application.
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Section 3: A new section 26.304.035 — Neighborhood Outreach, shall be added as follows:
Sec. 26.304.035. Neighborhood Outreach
A. Purpose. In order to facilitate citizen participation early in the development review process,
the City requires development applications to conduct neighborhood outreach. The purpose of
the outreach is to inform neighbors and interested members of the public about the project. The
applicant must show a concerted effort inform neighbors and the public about the application
prior to the first public hearing.
B. Applicability. A neighborhood meeting shall be required on any development proposal that is
subject to City Council review unless the Community Development Department determines as a
part of the pre - application conference that the development proposal is limited in nature. In
addition, the Community Development Department may make a determination that
neighborhood outreach is required for significant development applications reviewed by the
Planning and Zoning Commission or Historic Preservation Commission.
C. Appropriate forms of public outreach. The applicant must choose to do one or more of the
following forms of neighborhood outreach. Community Development Department staff may, as
part of the pre - application conference, suggest certain forms of neighborhood outreach that
would be most appropriate for a development application. In addition, Community Development
Department staff may identify specific aspects of the project or potential impacts of the project
that should be addressed as part of the neighborhood outreach.
1. Information meeting. The applicant must hold a neighborhood meeting to gain input
from neighbors and citizens. The meeting must be open and accessible to the general
public and held in a location in proximity to the proposed development or in a publicly
accessible building such as City Hall or the Public Library. The applicant or applicant's
representative shall attend the neighborhood meeting and be available to answer
questions from the public. The applicant shall be responsible for scheduling and
coordinating the neighborhood meeting. Renderings, modeling, or other visual
representations of the project within its context is required. The applicant must conduct a
minimum level noticing, pursuant to Section 26.304.060.E.3.c, to ensure the public is
aware of the meeting. Additional noticing beyond that called for in Section
26.304.060.E.3.c may be provided.
2. On -line meeting. The applicant must conduct an on -line meeting to gain input from
neighbors and citizens. The meeting must be open to the general public. The applicant
or applicant's representative shall attend the on -line meeting and be available to answer
questions from the public. The applicant shall be responsible for scheduling and
coordinating the on -line forum. Renderings, modeling, or other visual representations of
the project within its context is required. The applicant must conduct a minimum level
noticing, pursuant to Section 26.304.060.E.3.c, to ensure the public is aware of the on-
line meeting. Additional noticing beyond that called for in Section 26.304.060.E.3.c may
be provided.
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3. Enhanced Public Information. The applicant must provide detailed information on the
project in the form of a project website, a detailed public notice mailing, etc. that explains
the proposal, outlines the review process, provides visual rendering or maps, or any other
information that will describe the project in layman's terms. The applicant shall be
responsible for coordinating the information. The applicant must conduct a minimum
level noticing, pursuant to Section 26.304.060.E.3.c, to ensure the public is aware of a
website, etc. Additional noticing beyond that called for in Section 26.304.060.E.3.c may
be provided.
4. Individual Outreach. The applicant must conduct individual or small group meetings
with neighbors of the project. The applicant shall be responsible for organizing and
attending the meetings. At the meetings, the applicant should provide a summary of the
proposal, including basic use -type information, building height, and renderings.
5. Any other form of neighborhood outreach that will provide neighbors a genuine
opportunity to understand the development proposal and provide comments to the
application.
F. Summary of Public Outreach. A written summary of the neighborhood outreach, as well as
the method of public notification, shall be prepared by the applicant and submitted as part of the
official record — either as part of the initial application or as an addendum to the application.
Any documentation that was presented to the public as part of the outreach should also be
included as part of the official record.
Section 4: 26.310.040 — Amendments to the Land Use Code and Official Zone District Map,
Standards of Review, shall be amended as follows:
Sec. 26.310.040. Standards of review for amendments to the land use code.
In reviewing an amendment to the text of this Title or an amendment to the Official Zonc District
Map, the City Council and the Planning and Zoning Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this Title.
B. Whether the proposed amendment is consistent with all elements of the Aspen Arca
furthers an adopted policy, community goal, or objective.
D. The effect of the proposed amendment on traffic generation and road safcty.
facilities and whether and the extent to which the proposed amendment would exceed the
capacity of such public facilities including, but not limited to, transportation facilities, sewage
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F. Whether and the extent to which thc proposed amendment would result in significantly
C. Whether thc proposed amendment is consistent and compatible with thc community
character in the City.
1 DC. Whether the proposed amendment would be in conflict with the public interest and
whether it is in harmony with the purpose and intent of this Title.
Section 5: 26.310.050 — Amendments to the Land Use Code and Official Zone District Map,
Reserved, shall be amended as follows:
Sec. 26.310.050. Reserved Standards of review for amendments to the Official Zone
District Map.
In reviewing an amendment to the Official Zone District Map, the City Council and the Planning
and Zoning Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this Title.
B. Whether the proposed amendment is compatible with surrounding zone districts and land
uses, considering existing land use and neighborhood characteristics.
C. The effect of the proposed amendment on traffic generation and road safety.
D. Whether and the extent to which the proposed amendment would result in demands on public
facilities and whether and the extent to which the proposed amendment would exceed the
capacity of such public facilities including, but not limited to, transportation facilities,
sewage facilities, water supply, parks, drainage, schools and emergency medical facilities.
E. Whether and the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment.
F. Whether the proposed amendment is consistent and compatible with the community
character in the City.
G. Whether there have been changed conditions affecting the subject parcel or the surrounding
neighborhood which support the proposed amendment.
H. Whether the proposed amendment would be in conflict with the public interest and whether it
is in harmony with the purpose and intent of this Title.
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Section 6: 26.314.040.A — Variances, Standards applicable to variances, shall be amended as
follows:
A. In order to authorize a variance from the dimensional requirements of Title 26, the
appropriate decision - making body shall make a finding that the following three (3)
circumstances exist:
1. The grant of variance will be generally consistent with the purposes, goals, objectives and
policies of - • • - . - - .. ' .. ... this Title and the Municipal Code; and
2. The grant of variance is the minimum variance that will make possible the reasonable use
of the parcel, building or structure; and
3. Literal interpretation and enforcement of the terms and provisions of this Title would
deprive the applicant of rights commonly enjoyed by other parcels in the same zone
district and would cause the applicant unnecessary hardship, as distinguished from mere
inconvenience. In determining whether an applicant's rights would be deprived, the
Board shall consider whether either of the following conditions apply:
a. There are special conditions and circumstances which are unique to the parcel,
building or structure, which are not applicable to other parcels, structures or buildings
in the same zone district and which do not result from the actions of the applicant; or
b. Granting the variance will not confer upon the applicant any special privilege denied
• . . . . .. ' .. ... the terms of this Title and the Municipal
Code to other parcels, buildings or structures, in the same zone district.
Section 7: 26.425.040 — Conditional Uses, Standards applicable to all conditional uses, shall be
amended as follows:
Sec. 26.425.040. Standards applicable to all conditional uses.
When considering a development application for a conditional use, the Planning and Zoning
Commission shall consider whether all of the following standards are met, as applicable.
A. The conditional use is consistent with the purposes, goals, objectives and
standards of the Aspen Arta Community Plan, with the intent of the Zone District in which
it is proposed to be located and complies with all other applicable requirements of this
Title; and
B. The conditional use is compatible with the mix of development in the immediate
vicinity of the parcel in terms of density, height, bulk, architecture, landscaping, and open
space, as well as with any applicable adopted regulatory master plan.
CB. The conditional use is consistent and compatible with the character of the
immediate vicinity of the parcel proposed for development and surrounding land uses or
and enhances the mixture of complimentary uses and activities in the immediate vicinity of
the parcel proposed for development; and
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DE. The location, size, design and operating characteristics of the proposed
conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian
and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on
surrounding properties; and
I ED. There are adequate public facilities and services to serve the conditional use
including but not limited to roads, potable water, sewer, solid waste, parks, police, fire
protection, emergency medical services, hospital and medical services, drainage systems
and schools; and
I FE. The applicant commits to supply affordable housing to meet the incremental need
for increased employees generated by the conditional use; and
I G. The Community Development Director may recommend and the Planning and Zoning
Commission may impose such conditions on a conditional use that are necessary to
maintain the integrity of the City's Zone Districts and to ensure the conditional use
I complies with - .. .. - . - - • - - - . ' . -, this Chapter and this
Title; is compatible with surrounding land uses; and is served by adequate public facilities.
This includes, but is not limited to, imposing conditions on size, bulk, location, open space,
landscaping, buffering, lighting, signage, off - street parking and other similar design
features, the construction of public facilities to serve the conditional use and limitations on
the operating characteristics, hours of operation and duration of the conditional use.
Section 8: 26.435.030.C.11 — 8040 Greenline review standards, shall be amended as follows:
11. The adopted regulatory plansrccommcndations _of the Aspcn Arca Community Plan:
Parks /Rccrcation/Trails Plan Open Space and Trails Board are implemented in the proposed
development, to the greatest extent practical.
Section 9: 26.435.040.C.2 — Stream Margin review standards, shall be amended as follows:
2. The adopted regulatory plans _of the Aspcn Area Community Plan:
' -. ' - - • , ! , _ - .. _ .: ' .. Open Space and Trails Board and the Roaring Fork
River Greenway Plan are implemented in the proposed plan for development, to the greatest
extent practicable. Areas of historic public use or access shall be dedicated via a recorded
easement for public use. A fisherman's easement granting public fishing access within the high
water boundaries of the river course shall be granted via a recorded "Fisherman's Easement;" and
Section 10: 26.440.050.A — Review standards for development in a Specially Planned Area
(SPA), General, shall be amended as follows:
A. General. In the review of a development application for a conceptual development plan and
a final development plan, the Planning and Zoning Commission and City Council shall consider
the following:
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1. Whether the proposed development is compatible with or enhances the mix of
development in the immediate vicinity of the parcel in terms of land use, density, height,
bulk, architecture, landscaping and open space, as well as with any applicable adopted
regulatory master plan.
2. Whether sufficient public facilities and roads exist to service the proposed development.
3. Whether the parcel proposed for development is generally suitable for development,
considering the slope, ground instability and the possibility of mudflow, rock falls,
avalanche dangers and flood hazards.
4. Whether the proposed development creatively employs land planning techniques 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 thc proposed development is in compliance with thc Aspcn Ar a
Gempfeliensihether the proposed development emphasizes quality construction
and design characteristics, such as exterior materials, weathering, snow shedding and
storage, and energy efficiency.
6. Whether the proposed development will require the expenditure of excessive public funds
to provide public facilities for the parcel or the surrounding neighborhood.
7. Whether proposed development on slopes in excess of twenty percent (20 %) meet the
slope reduction and density requirements of Subsection 26.445.040.B.2.
8. Whether there are sufficient GMQS allotments for the proposed development.
The burden shall rest upon an applicant to demonstrate the general reasonableness and
suitability of the proposed development and its conformity to the standards and
procedures of this Chapter and Section; provided, however, that in the review of the
conceptual development plan, consideration will be given only to the general concept for
the development, while during the review of the final development plan, detailed
evaluation of the specific aspects of the development will be accomplished.
Section 11: 26.445.020 — PUD Applicability, shall be amended as follows:
Sec. 26.445.020. Applicability.
Before any development shall occur on land designated Planned Unit Development (PUD) on the
official zone district map or before development can occur as a PUD, it shall receive final PUD
approval pursuant to the terms of this Chapter. However, in no event shall adoption of a final
development plan be required for the construction of a single detached- or duplex - residential
dwelling on a separate lot, in conformance with the General Provisions of this Chapter, Section
26.445.040 below. All land with a PUD designation shall also be designated with an underlying
zone district designation most appropriate for that land.
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A development application for a Planned Unit Development (PUD) may be applied for by the
property owners of any proposed development in the City that is on a parcel of land equal to or
greater than twenty -seven thousand (27,000) square feet intended for residential, commercial,
tourist or other development purposes.
A development application for a Planned Unit Development (PUD) may be applied for by the
property owners of any proposed development in the City that is on a parcel of land less than
twenty -seven thousand (27,000) square feet intended for multi - family residential, commercial,
tourist or other development purposes if, prior to application, the Community Development
Director determines the development of the property may have the ability to further the adopted
goals of the Aspen Area Community Plan community and any applicable adopted regulatory
master plans, and that the provisions of the Planned Unit Development land use review process
will best serve the interests of the community. By virtue of this determination, the application
shall not be granted any special rights or privileges and shall be required to demonstrate
compliance with all applicable portions of this Chapter.
If the Community Development Director determines the proposed development is not suitable to
be reviewed as a Planned Unit Development, the property owner may appeal the decision to the
Planning and Zoning Commission and the Commission, by Resolution and after considering a
recommendation made by the Community Development Director, may determine that the
development of the property may have the ability to further the adopted goals of the Aspen Area
Community Plan community and any applicable adopted regulatory master plans, and that the
provisions of the Planned Unit Development land use review process will best serve the interests
of the community. By virtue of this determination, the application shall not be granted any
special rights or privileges and shall be required to demonstrate compliance with all applicable
portions of this chapter.
A development application for a Minor Planned Unit Development (Minor PUD) may be applied
for by the property owners of a parcel of land located within the Lodge Preservation Overlay
(LP) Zone District intended for development consistent with the purpose of the LP Overlay Zone
District.
Section 12: 26.445.020.A — PUD, Review standards: conceptual, final, consolidated and minor
PUD, General Requirements, shall be amended as follows:
A. General requirements.
1. The proposed development shall be consistent with the Aspen Arta Community
Pcompatible with the mix of development in the immediate vicinity of the parcel in
terms of density, height, bulk, and architecture, as well as with any applicable adopted
regulatory master plan.
2. The proposed development shall be consistent with the character of existing land uses in
the surrounding area.
3. The proposed development shall not adversely affect the future development of the
surrounding area.
4. The proposed development has either been granted GMQS allotments, is exempt from
GMQS or GMQS allotments are available to accommodate the proposed development
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and will be considered prior to or in combination with, final PUD development plan
review.
Section 13: 26.445.020.B.6.a — PUD, Review standards: conceptual, final, consolidated and
minor PUD, Establishment of dimensional requirements, shall be amended as follows:
6. The maximum allowable density within a PUD may be increased if there exists a
significant community goal to be achieved through such increase and the development
pattern is compatible with its surrounding development patterns and with the site's
physical constraints. Specifically, the maximum density of a PUD may be increased if:
a) The increase in density serves one or more adopted goals of the community as
expressed in the Aspen Arca Community Plan (AACP) or a specific arca plan an
applicable adopted regulatory master plan to which the property is subject.
Section 14: 26.445.020.E — PUD, Review standards: conceptual, final, consolidated and minor
PUD, Architectural character, shall be amended as follows:
E. Architectural character.
1. Be compatible with or enhance the visual character of the City, appropriately relate to
existing and proposed architecture of the property, represent a character suitable for and
indicative of the intended use and respect the scale and massing of nearby historical and
cultural resources.
2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of
the property's solar access, shade and vegetation and by use of non- or less- intensive
mechanical systems.
3. Accommodate the storage and shedding of snow, ice and water in a safe and appropriate
manner that does not require significant maintenance.
4. Emphasize quality construction and design characteristics, such as exterior materials,
weathering, snow shedding and storage, and energy efficiency.
Section 15: 26.445.020.1.4 — PUD, Review standards: conceptual, final, consolidated and minor
PUD, Access and circulation, shall be amended as follows:
4. The recommendations of the Aspen Arca Community Plan and adopted specific
regulatory master plans, as applicable, regarding recreational trails, pedestrian and
bicycle paths and transportation are proposed to be implemented in an appropriate
manner.
Section 16: 26.470.030.F, GMQS, Aspen metro area development ceilings and annual
allotments, shall be amended as follows:
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F. Accounting procedure. The Community Development Director shall maintain an ongoing
account of available, requested and approved growth management allocations and progress
towards each development ceiling. Allotments shall be considered allocated upon issuance of a
development order for the project. Unless specifically not deducted from the annual
development allotment and development ceilings, all units of growth shall be included in the
accounting. Affordable housing units shall be deducted regardless of the unit being provided as
growth mitigation or otherwise. After the conclusion of each growth management session and
year, the Community Development Director shall prepare a summary of growth allocations.
The City Council, at its first regular meeting of the growth management year, shall review,
during a public hearing, the prior year's growth summary, consider a recommendation from the
Community Development Director, consider comments from the general public and shall, via
adoption of a resolution, establish the number of unused and unclaimed allotments to be carried
forward and added to the annual allotment. The City Council may carry forward any portion of
the previous year's unused allotment, including all or none.
The City Council shall also consider the remaining development allotments within the
development ceilings, established pursuant to Subsection 26.470.030.C, and shall reduce the
available development allotment by any amount that exceeds the development ceiling. The
public hearing shall be noticed by publication, pursuant to Subparagraph 26.304.060.E.3.a. The
City Council shall consider the following criteria in determining the allotments to be carried
forward:
1. The goals and objectives of the Aspen Area Community Plan.
21. The community's growth rate over the preceding five -year period.
32. The ability of the community to absorb the growth that could result from a proposed
development utilizing accumulated allotments, including issues of scale, infrastructure
capacity, construction impacts and community character.
43. The expected impact from approved developments that have obtained allotments, but that
have not yet been built.
Section 17: 26.470.050.B.2, GMQS, General requirements, General requirements, shall be
amended as follows:
2. The proposed development is consistent with the Aspcn Arca Community Plan compatible
with land uses in the surrounding area, as well as with any applicable adopted regulatory
master plan.
Section 18: 26.480.050, Subdivision, Review standards, shall be amended as follows:
Sec. 26.480.050.Review standards.
A development application for subdivision review shall comply with the following standards and
requirements:
A. General requirements.
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1. The proposed subdivision shall be consistcnt with the Aspen Area Comprehensive Plan
compatible with the mix of development in the immediate vicinity of the parcel in terms
of density, height, bulk, architecture, landscaping and open space, as well as with any
applicable adopted regulatory master plan.
2. The proposed subdivision shall be consistent with the character of existing land uses in
the area.
3. The proposed subdivision shall not adversely affect the future development of
surrounding areas.
4. The proposed subdivision shall be in compliance with all applicable requirements of this
Title.
B. Suitability of land for subdivision.
1. A unique situation exists for the development where strict adherence to the subdivision
design standards would result in incompatibility with an adopted specific master plan,
Title 28, the municipal code, the Aspen Ar a Comprehensive Plan, the existing,
neighboring development areas and/or the goals of the community.
2. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial
patterns that cause inefficiencies, duplication or premature extension of public facilities
and unnecessary public costs.
C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the
proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if
the following conditions have been met:
1. A unique situation exists for the development where strict adherence to the subdivision
design standards would result in incompatibility with an applicable adopted regulatory
plan, Title 28, the municipal code, the Aspen Arca Comprehensive Plan, the existing,
neighboring development areas and/or the goals of the community.
2. The applicant shall specify each design standard variation requested and provide
justification for each variation request, providing design recommendations by
professional engineers as necessary.
D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall
be required to provide affordable housing in compliance with the requirements of Chapter
26.520, Replacement housing program Section 26.470.070.5, Demolition or redevelopment of
multi - family housing. A subdivision which is comprised of new dwelling units shall be required
to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth
Management Quota System.
E. School land dedication. Compliance with the School land dedication standards set forth at
Chapter 26.620.
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F. Growth management approval. Subdivision approval may only be granted to
applications for which all growth management development allotments have been granted or
growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision
approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit
Development (AH -PUD) without first obtaining growth management approvals if the newly
created parcel(s) is required to obtain such growth management approvals prior to development
through a legal instrument acceptable to the City Attorney.
Section 19: 26.515.040.B.1, Off - Street Parking Special review standards, shall be amended as
follows:
B. A special review to permit a commercial parking facility may be approved, approved with
conditions or denied based on conformance with the following criteria:
1. The location, design and operating characteristics of the facility are consistent with the
Aspen Arca Community Plan compatible with the mix of development in the immediate
vicinity of the parcel in terms of density, height,_bulk, architecture, landscaping and open
space, as well as with any applicable adopted regulatory master plan.
Section 20: Section 26.415.120 - Appeals, notice to City Council and Call -Up, which section
describes the process for City Council "call -up" of Historic Preservation Commission decisions,
shall be amended as follows:
26.415.120. Appeals, Notice to City Council, and Call -Up.
A. Appeal. Any action by the HPC in approving, approving with conditions or disapproving
a development order and an associated certificate of appropriateness for major development,
demolition approval or relocation approval may be appealed to the City Council by the applicant
or a property owner within three hundred (300) feet of the subject property in accordance with
the procedures set forth in Chapter 26.316.
B. Notice to City Council. Following the adoption of a resolution approving, approving with
conditions or disapproving a Conceptual Ddevelopment Plan application for a certificate of
appropriateness for major development, demolition approval or relocation approval of a
designated property, the HPC shall promptly notify the City Council of its action to allow the
City Council an opportunity to avail itself of the call -up procedure set forth in Subsection
26.415.120.0 and D. Notification shall consist of a description in written and graphic form of
the project with a copy of the approving document. The notification shall be placed on the
agenda of a regular City Council meeting within 30 days of the approval, or as soon thereafter as
is practical under the circumstances.
C. Call -up. The City Council may order call up of any action taken by the HPC as described
in Section 26.415.070 within fifteen (15) days of notification, as outlined in 26.415.120(B).
thirty (30) days of the decision, action or determination. -_ Consequently, applications for Final
Development Plan Review shall not be accepted by the City and no associated permits can shall
be issued during the thirty ran` da notice and call -up period. If City Council exercises this call -
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up provision, no applications for Final Development Plan Review shall be accepted by the City
and no associated permits shall be issued until the City Council takes action as described in
subsection 26.415.120.D. If the City Council does not call up the action -, the resolution of HPC
shall be the final decision on the matter.
D. City Council action on appeal-or—call-up. The City Council shall, at a public meeting.,
consider the application on the rccor established before the HPCde novo. The City Council
may, at its discretion, consider evidence included in the record established by the Historic
Preservation Commission or supplement the record with additional evidence or testimony as
necessary. The City Council shall conduct its review of the application under the same criteria
applicable to the reviewing body. shall affirm the decision of the HPC unless thcrc is a finding
that there was a denial of due process or the HPC has exceeded its jurisdiction or abused its
discretion. The City Council's shall take such action shall be as its dcemsed necessary to remedy
.. .. . -, • - .. _, .. limited to:
1. Accepting the decision.
1. Reversing the decision.
2. Altering the conditions of approval.
32. Remanding the application to the HPC with direction from Council for rehearing and
reconsideration. (Ord. No. 1 -2002, § 7 [part]; Ord. No. 52- 2003, § 10)
3. Continuing the meeting to request additional evidence, analysis, or testimony as
necessary to conclude the call -up review.
E. Additional Actions. The rehearing and reconsideration of the application by the HPC shall
be duly noticed pursuant to Section 26.304.060.E Public Notice and shall be limited to the topics
listed in the direction from Council. The HPC decision is final and concludes the call up review.
Substantive changes, as defined in Section 26.415.070.E. 2 Substantial Amendments, made to
the application during the call up review and outside the topics listed in the remand from Council
shall be reviewed pursuant to Section 26.415.070.E and shall require a new call up notice to City
Council. The call up review shall be limited only to the changes approved in the Substantial
Amendment application.
Section 21: Section 26.412.040.B. — Appeals, notice to City Council and Call -Up, which section
describes the process for City Council "call -up" of Commercial Design Review decisions, shall
be amended as follows:
26.412.040.B. Appeals, Notice to City Council, and Call -Up.
1. Appeals. An applicant aggrieved by a determination made by the Community
Development Director, the Planning and Zoning Commission or the Historic Preservation
Commission, as applicable, pursuant to this Chapter, may appeal the decision to the City
Council, pursuant to the procedures and standards of Chapter 26.316, Appeals.
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2. Notice to City Council. Following the adoption of a resolution approving or approving
with conditions a development application for Ceonceptual Ddesign, the City Council shall be
promptly notified of the action to allow the City Council an opportunity to avail itself of the call-
up procedure set forth below. Notification shall consist of a description in written and graphic
form of the project with a copy of the approving document. The notification shall be placed on
the agenda of a regular City Council meeting within 30 days of the approval, or as soon
thereafter as is practical under the circumstances. • - - ... • .. - . - , . - - :.• . !' •
below.
3. Call -up. Following the adoption of a resolution approving or approving with conditions a
development application for Commercial Design Review, the City Council may order call -up of
the action within fifteen (15) days of notification, as outlined in 26.412.040(B)(2)thirty (30) days
-- . . -, - --• - . Consequently, applications for Final Design shall not be
accepted by the City and no associated permits can shall be issued during the thirty daynotice
and call -up period. If City Council exercises this call -up provision, no applications for Final
Design shall be accepted by the City and no associated permits shall be issued until the City
Council takes action as described in subsection 26.412.040.B.4. If the City Council does not call
up the action within the call -up period, the resolution shall be the final decision on the matter.
4. City Council action on call -up. The City Council shall, at a public meeting, consider the
application de novo. - - • . - • - - - - ' . • . - - - - . •. • - . • Historic Preservation Commission, as applicable. The City Council may, at its discretion,
consider evidence included in the record established by the Historic Preservation Commission or
Planning and Zoning Commission, as applicable, or supplement the record with additional
evidence or testimony as necessary. The City Council shall conduct its review of the application
under the same criteria applicable to the reviewing body. shall affirm the decision of the
exceeded its jurisdiction or abuscd its discretion. The City Council's shall take such action shall • be - .. - - - .• - - -- - - .. .. - .. - . : limited to: • a. Accepting the decision.
a. Reversing the dccision.
b. Altering the conditions of approval.
b.e.Remanding the application to the applicable Commission with direction from City
Council for rehearing and reconsideration. (Ord. No. 13, 2007, §1)
c. Continuing the meeting to request additional evidence, analysis, or testimony as
necessary to conclude the call up review.
5. Additional Actions. The rehearing and reconsideration of the application by the
applicable Commission shall be duly noticed pursuant to Section 26.304.060.E Public Notice and
shall be limited to the topics listed in the direction from Council. The decision made by the
applicable Commission is final and concludes the call up review. Substantive changes, as
defined in Section 26.412.080 Amendment of Commercial Design Review Approval, made to
City Council Ord #3 of 2012
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the application during the call up review and outside the topics listed in the remand from Council
shall be reviewed pursuant to Section 26.412.080 and may require a new call up notice to City
Council. The call up review shall be limited only to the changes approved in the Amendment
application.
Section 22: Section 26.415.070.D.3 — Conceptual Development Plan Review, which section
describes the process for Review and approval of Conceptual Development Plans by the Historic
Preservation Commission, shall be amended as follows:
26.415.070.D.3. Conceptual Development Plan Review.
a. An application for a conceptual development plan shall include the following:
(1) The general application information required in Section 26.304.030.
(2) A site plan and survey showing property boundaries, the location and orientation of
existing and proposed improvements and predominant site characteristics.
(3) Scaled drawings of all proposed structure(s) or addition(s) depicting their form,
including their height, massing, scale, proportions and roof plan; and the primary
features of all elevations.
(4) Preliminary selection of primary building materials to be used in construction
represented by samples and/or photographs.
(5) Supplemental materials to provide a visual description of the context surrounding the
designated historic property or historic district including at least one (1) of the
following: diagrams, maps, photographs, models or streetscape elevations.
(6) Verification that the proposal complies with Chapter 26.410, Residential design
standards or a written request for a variance from any standard that is not being met.
b. The procedures for the review of conceptual development plans for major development
projects are as follows:
(1) The Community Development Director shall review the application materials
submitted for conceptual or final development plan approval. If they are determined
to be complete, the applicant will be notified in writing of this and a public hearing
before the HPC shall be scheduled. Notice of the hearing shall be provided pursuant
to Section 26.304.060.E.3 Paragraphs a, b and c.
(2) Staff shall review the submittal material and prepare a report that analyzes the
project's conformance with the design guidelines and other applicable Land Use Code
sections. This report will be transmitted to the HPC with relevant information on the
proposed project and a recommendation to continue, approve, disapprove or approve
with conditions and the reasons for the recommendation. The HPC will review the
application, the staff analysis report and the evidence presented at the hearing to
determine the project's conformance with the City Historic Preservation Design
Guidelines.
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(3) The HPC may approve, disapprove, approve with conditions or continue the
application to obtain additional information necessary to make a decision to approve
or deny.
(4) A resolution of the HPC action shall be forwarded to the City Council in accordance
with Section 26.415.120 - Appeals, notice to City Council, and call -up. No
applications for Final Development Plan shall be accepted by the City and no
associated permits shall be issued until the City Council takes action as described in
said section.
c. The effect of approval of a conceptual development plan is as follows:
(1) Approval of a conceptual development plan shall not constitute final approval of a
major development project or permission to proceed with the development. Such
authorization shall only constitute authorization to proceed with the preparation of an
application for a final development plan.
(2) Approval of a conceptual development plan shall be binding upon HPC in regards to
the location and form of the envelope of the structure(s) and /or addition(s) as depicted
in the conceptual plan application including its height, scale, massing and
proportions. No changes will be made to this aspect of the proposed development by
the HPC as part of their review of the final development plan unless agreed to by the
applicant. If the applicant chooses to makes substantial amendments to the
conceptual design after it has been approved, a new conceptual development plan
hearing approval shall be required, pursuant to Section 26.415.070.D.3.-
(3) Unless otherwise specified in the resolution granting conceptual development plan
approval, a development application for a final development plan shall be submitted
within one (1) year of the date of approval of a conceptual development plan. Failure
to file such an application within this time period shall render null and void the
approval of the conceptual development plan. The Community Development
Director may grant an extension of this limitation if the delay has been caused by the
application requiring additional reviews or similar delays that could not have been
reasonably predicted by the applicant. The Historic Preservation Commission may, at
its sole discretion and for good cause shown, grant a one -time extension of the
expiration date for a conceptual development plan approval for up to six (6) months
provided a written request for extension is received no less than thirty (30) days prior
to the expiration date.
Section 23: Section 26.415.070.D.4 — Final Development Plan Review, which section describes
the process for Review and approval of Final Development Plans by the Historic Preservation
Commission, shall be amended as follows:
26.415.070.D.4. Final Development Plan Review.
a. An application for a final development plan shall include:
(1) The general application information required in Section 26.304.030.
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(2) Final drawings of all proposed structures(s) and /or addition(s) included as part of the
development at 1/4" = 1.0' scale.
(3) An accurate representation of all major building materials to be used in the
development, depicted through samples or photographs.
(4) A statement, including narrative text or graphics, indicating how the final
development plan conforms to representations made or stipulations placed as a
condition of the approval of the conceptual development plan.
b. The procedures for the review of final development plans for major development projects
are as follows:
(1) The Community Development Director shall review the application materials
submitted for final development plan approval. If they are determined to be
complete, the applicant will be notified in writing of this and a public hearing before
the HPC shall be scheduled. Notice of the hearing shall be provided pursuant to
Paragraphs 26.304.060.E.3.a, b and c.
(2) Staff shall review the submittal material and prepare a report that analyzes the
project's conformance with the design guidelines and other applicable Land Use Code
sections. This report will be transmitted to the HPC with relevant information on the
proposed project and a recommendation to continue, approve, disapprove or approve
with conditions and the reasons for the recommendation. The HPC will review the
application, the staff analysis report and the evidence presented at the hearing to
determine the project's conformance with the City Historic Preservation Design
Guidelines.
(3) The HPC may approve, disapprove, approve with conditions or continue the
application to obtain additional information necessary to make a decision to approve
or deny. If the application is approved, the HPC shall issue a certificate of
appropriateness and the Community Development Director shall issue a development
order.
- with Section 26.115.130 and no permit will be issued for construction of the project
" f -
(54) Before an application for a building permit can be submitted, a final set of plans
reflecting any or all required changes by the HPC or City Council must be on file
with the City. Any conditions of approval or outstanding issues which must be
addressed in the field or at a later time shall be noted on the plans.
Section 24:
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.
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Section 25:
A public hearing on this ordinance shall be held on the 13 day of February, 2012, at a meeting of
the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, a minimum of fifteen 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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 23 day of January, 2012.
Attest:
OL i d/2
Kathryn S. ( ; ch, City Clerk Michael C. Ireland, Mayor
FINALLY, adopted, passed and approved this 27th day of February, 2012.
Attest:
a// Z—
Kathryn S. i h, City Clerk Michael C. Ireland, Mayor
Approved as to form:
ity Attorney
1
City Council Ord #3 of 2012
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