HomeMy WebLinkAboutordinance.council.011-12 ORDINANCE NO. 11
SERIES OF 2012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING THE PROCESS OF AMENDING THE LAND USE CODE AND THE
OFFICIAL ZONE DISTRICT MAP: 26.310,AMENDMENTS TO THE LAND USE CODE
AND OFFICIAL ZONE DISTRICT MAP, TO THE MUNICIPAL CODE OF THE CITY
OF ASPEN, COLORADO.
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen
Land Use Code, the City of Aspen City Council initiated amendments to the Land Use Code
related to the process of amending the Land Use Code and the Official Zone District Map;
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 Section 26.310, Amendments to the
Land Use Code and Official Zone District Map; and,
WHEREAS, during a duly noticed public hearing on March 20, 2012, the Planning and
Zoning Commission recommended that City Council approve amendments to the text of Section
26.310, Amendments to the Land Use Code and Official Zone District Map, as described herein,
by a six—zero (6-0) vote; and,
WHEREAS, during a duly noticed public hearing on April 2, 2012, the City Council
took public testimony, considered pertinent recommendations from the Community Development
Director, and the Planning and Zoning Commission, and considered the proposal under the
applicable provisions of the Municipal Code as identified herein and voted four - zero (4-0)to
approve the code changes; and,
WHEREAS,the Aspen City Council finds that the development proposal meets or exceeds
all the applicable standards and that the approval of the Code Amendments are consistent with the
goals and elements of the Aspen Arca Community Plan; 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 being added to the code is
green with underline and looks like this.; and,
WHEREAS, the City Council finds that this ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
Ordinance 11, Series 2012, Code Amendment Process
Page 1 of 9
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, AS FOLLOWS:
Section 1: Amendments to the Land Use Code and Official Zone District Map
26.310) —Amendments to the Land Use Code and Official Zone District Map, shall be amended
as follows:
Chapter 26.310
AMENDMENTS TO THE LAND USE CODE AND OFFICIAL ZONE DISTRICT MAP
(Rezoning)
Sec. 26.310.010 Purpose
Sec. 26.310.020 Amendments to the Land Use Code - Procedure for amendment
Sec. 26.310.030 Amendments to the Land Use Code—Application contents
Sec. 26.310.040 Amendments to the Land Use Code standards of review —Initiation
Sec. 26.310.050 Amendments to the Land Use Code standards of review—Adoption
Sec. 26.310.060 Rezoning - Procedure for amendment
Sec. 26.310.070 Initial Zoning for Annexed Properties
Sec. 26.310.080 Rezoning—Application contents
Sec. 26.310.090 Rezoning—Standards of review
Sec. 26.310.100 Notation of Planning and Zoning Commission resolution on Official
Zone District Map
Sec. 26.310.110 Recordation of designation
Sec. 26.310.120 Placement on City's Official Zone District Map
Sec. 26.310.130 Disputes about zoning of a property
Sec. 26.310.140 Time limitations
26.310.010. Purpose.
The purpose of this Chapter is to provide a means for amending the text of this Title (the Land
Use Code) and the Official Zone District Map. It is not intended to relieve particular hardships
or confer special privileges or rights on any person or property.
26.310.020. Amendments to the Land Use Code—Procedure for amendment.
A. General. An application for amendments to the Land Use Code may be initiated by City
Council and shall be processed in accordance with the common development review procedures
set forth at Chapter 26.304, Common Development Review Procedures, and the steps identified
in Section 26.310.020(B)—(C).
1. City Council may authorize a private party to submit a code amendment application. In
such case, the City Council shall determine the extent to which Step One is required
(Steps Two and Three are mandatory) and shall determine if the applicant shall pay
review fees.
Ordinance 11, Series 2012, Code Amendment Process
Page 2 of 9
2. The Planning and Zoning Commission may initiate an amendment to the Land Use Code,
as provided for in Chapter 26.212, Planning and Zoning Commission. Initiation shall
require the adoption of a Resolution by the Planning and Zoning Commission. The
Resolution shall be forwarded to City Council for authorization to proceed through the
process outlined herein. City Council shall determine the extent to which Step One is
required (Steps Two and Three are mandatory).
3. The Historic Preservation Commission may initiate an amendment to the Land Use Code.
Initiation shall require the adoption of a Resolution by the Historic Preservation
Commission. The Resolution shall be forwarded to City Council for authorization to
proceed through the process outlined herein. City Council shall determine the extent to
which Step One is required (Steps Two and Three are mandatory).
4. The Community Development Director may initiate an amendment to the Land Use
Code, as provided for in Chapter 26.210, Community Development Department. City
Council shall determine the extent to which Step One is required (Steps Two and Three
are mandatory).
B. Steps Required: Unless initiated by the City Council in accordance with Subsection C
below, or unless additional steps are requested by City Council, the review of a proposed text
amendment shall require three steps.
1. Step One—Community Input.
a. Purpose: To gather ideas, suggestions, comments, opinions, and recommendations
from a wide range of participants to determine if an amendment to the text of the
Land Use Code should be pursued by the City Council.
b. Process: The Community Development Director shall seek input from a wide range of
community members through a variety of methods, which may include focus groups,
structured facilitated sessions, surveys, or other methods. The Director shall solicit
input from the Planning and Zoning Commission, the Historic Preservation
Commission, or other Boards of the City, as applicable. Depending on the nature of
the potential amendment, the Director may solicit input from business owners,
lodging operators, local architects and planners, organizations that may have an
interest in the topic, and the general public. The Director shall develop a summary of
the input methods used and comments received during this step.
c. Notice requirements: None.
2. Step Two —Public hearing before City Council.
a. Purpose: To determine if an amendment to the text of the Land Use Code should be
pursued.
Ordinance 11, Series 2012, Code Amendment Process
Page 3 of 9
b. Process: The Community Development Director shall present City Council with a
summary of comments received during Step One and a recommendation on whether
and how to amend the Land Use Code. The recommendation shall include proposed
objectives to be accomplished but need not include specific code sections or proposed
text. The recommendation shall include an analysis of the public policies of the City
to be advanced including, but not limited to, those stated in the Aspen Area
Community Plan. The Director may recommend options for consideration. The City
Council may request additional community engagement prior to a decision.
c. Standards of review: Section 26.310.040, Amendments to the Land Use Code
standards of review- Initiation
d. Form of decision: City Council shall decide to pursue an amendment to the Land Use
Code by resolution after considering the recommendation of the Community
Development Director and comments and testimony from the public at a duly noticed
public hearing. The resolution shall include the objective to be accomplished by the
code amendment but need not cite specific code sections or proposed text. The City
Council may elect to not amend the Land Use Code, which shall not require adoption
of a resolution.
e.
Notice requirements: Publication pursuant to Subsection 26.304.060.E.3.a.
Publication of notice.
3. Step Three—Public Hearing before City Council.
a. Purpose: To determine if application meets standards for amendment to the text of
the Land Use Code.
b. Process: The Community Development Director shall provide City Council with a
recommendation to amend the Land Use Code with proposed text to chapters and
sections.
c. Standards of review: Section 26.310.050, Amendments to the Land Use Code
standards of review - Adoption
d. Form of decision: City Council decision shall be by ordinance after considering the
recommendation of the Community Development Director and comments and
testimony from the public at a duly noticed public hearing. The ordinance shall
include the amended text of the Land Use Code by chapter and section.
e.
Notice requirements: Publication pursuant to Subparagraph 26.304.060.E.3.a.,
Publication of notice, in addition to the requisite notice requirements for adoption of
an ordinance by City Council.
Ordinance 11, Series 2012, Code Amendment Process
Page 4 of 9
C. Emergency amendments to Land Use Code by City Council. Notwithstanding the
procedures for review set forth above and consistent with the authority of the City Council to
adopt emergency ordinances pursuant to Section 4.11 of the City Charter, for the preservation of
public property. health, peace or safety, the City Council may amend this Title in accordance
with the procedures set forth at Section 4.11 of the City Charter (Emergency ordinances). (Ord.
No. 27-2002, §6; Ord. No. 12, 2007. §14)
26.310.030. Amendments to the Land Use Code—Application contents.
A formal application is required prior to initiating Step Three of the code amendment process,
outlined above in Section 26.310.020(B)(3), Step Three — Public Hearing before City Council.
The application shall include:
A. The general application information required in Section 26.304.030,Application and Fees.
B. A copy of the City Council resolution requesting the amendment and a brief summary of how
the proposed text meets the stated objectives of the amendment.
C. A copy of the comments received during the Public Input phase.
D. The precise wording of the proposed amendment.
26.310.040. Amendments to the Land Use Code standards of review—Initiation
In reviewing a request to pursue an amendment to the text of this Title, per Section
26.310.020(B)(2), Step Two — Public Hearing before City Council, the City Council shall
consider:
A. Whether there exists a community interest to pursue the amendment.
B. Whether the objectives of the proposed amendment furthers an adopted policy,
community goal, or objective of the City including, but not limited to, those stated in
the Aspen Area Community Plan.
C. Whether the objectives of the proposed amendment are compatible with the
community character of the City and in harmony with the public interest and the
purpose and intent of this Title.
26.310.050. Amendments to the Land Use Code Standards of review - Adoption
In reviewing an application to amend the text of this Title; per Section 26.310.020(B)(3), Step
Three—Public Hearing before City Council, the City Council shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this Title.
B. Whether the proposed amendment achieves the policy, community goal, or objective cited as
reasons for the code amendment or achieves other public policy objectives.
C. Whether the proposed amendment is compatible with the community character of the City
and is in harmony with the public interest and the purpose and intent of this Title.
Ordinance 11, Series 2012, Code Amendment Process
Page 5 of 9
26.310.060. Rezoning- Procedure for amendment.
A. General. An application for amendments the Official Zone District Map may be initiated by
the City Council, the Community Development Director, or a person or persons owning more
than fifty (50) percent of the area of land subject to the amendment and shall be processed in
accordance with the common development review procedures set forth at Chapter 26.304.
B. Steps required: The review of an application to amend the Official Zone District Map shall
require two (2) steps.
1. Step One—Public hearing before Planning and Zoning Commission.
a. Purpose: To determine if the application meets standards for amendment to
the Official Zone District Map and to provide a recommendation to City
Council.
b. Process: The Community Development Director shall provide the Planning
and Zoning Commission with a recommendation regarding the specific
request to amend the Official Zone District Map.
c. Standards of Review: Section 26.310.090, Amendments to the Official Zone
District Map—Standards of Review
d. Notice requirements: Publication, mailing and posting (see Subparagraphs
26.304.060.E.3.a., b. and c.). For an amendment to the Official Zone District
Map initiated by the City, notice shall also include mailing to owners of
property subject to the rezoning application at least fifteen (15) days prior to
the public hearing.
2. Step Two—Public Hearing before City Council.
a. Purpose: To determine if application meets standards for amendment to the
Official Zone District Map.
b. Process: The Community Development Director shall forward the
recommendation of the Planning and Zoning Commission and shall provide
the City Council with a recommendation to amend the Official Zone District
Map.
c. Standards of review: Section 26.310.090, Amendments to the Official Zone
District Map—Standards of Review
d. Form of decision: City Council decision shall be by Ordinance after
considering the recommendations of the Community Development Director,
the Planning and Zoning Commission, and comments and testimony from the
public at a duly noticed public hearing.
Ordinance 11, Series 2012, Code Amendment Process
Page 6 of 9
e. Notice requirements: Publication, mailing and posting as provided for in
subparagraphs 26.304.060.E.3.a., b. and c., Public Notice — Publication of
notice, Posting of notice, and Mailing of notice, in addition to the requisite
notice requirements for adoption of an ordinance by City Council.
For an amendment to the Official Zone District Map initiated by the City, notice
shall also include mailing to owners of property subject to the rezoning
application at least fifteen (15) days prior to the public hearing, in addition to the
requisite notice requirements for adoption of an ordinance by City Council.
26.310.070. Initial Zoning for Annexed Properties.
An application to establish the initial zoning for annexed property shall be reviewed according to
the standards and procedures of this Chapter.
26.310.080. Rezoning—Application Contents.
The development application for an amendment to the Official Zone District Map shall include:
A. The general application information required in Section 26.304.030, Application and
Fees.
B. The present Zone District classification and existing land uses of the real property
proposed to be amended.
C. The area of the property proposed to be amended, stated in square feet or acres.
D. An accurate survey map of the real property proposed for amendment.
26.310.090. Rezoning- Standards of review.
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 compatible with surrounding zone districts and land
uses, considering existing land use and neighborhood characteristics.
B. 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.
C. Whether and the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment.
Ordinance 11, Series 2012, Code Amendment Process
Page 7 of 9
D. Whether the proposed amendment is consistent and compatible with the community
character in the City and in harmony with the public interest and the intent of this Title.
26.310.100. Notation on Official Zone District Map.
Upon acceptance of an application for an amendment to the Official Zone District Map, the
Community Development Director shall make a notation on the Official Zone District Map to
show the pending amendment.
26.310.110. Recordation of designation.
Upon the effective date of an act by the City Council approving a development application for an
amendment to the Official Zone District Map, the Community Development Director shall notify
the City Clerk of the designation, who shall record among the real estate records of the clerk and
recorder of the county, a certified copy of the ordinance. The ordinance shall include a legal
description of the property whose Zone District designation is changed by the amendment.
26.310.120. Placement on City's Official Zone District Map.
Upon the effective date of an act by the City Council approving a development application for an
amendment to the Official Zone District Map, the Community Development Director shall place
the amendment on the City's Official Zone District Map, which is kept in the Community
Development Department.
26.310.130. Disputes about zoning of a property.
In cases where there is a dispute as to the correct zoning of a property, the ordinance approving
or establishing the zoning shall be the final authority and not the Official Zone District Map.
(Ord. No. 52-2003, § 4)
26.310.140. Time limitations.
Unless otherwise waived by City Council, the City shall not accept an application to amend the
Official Zone District Map (Rezoning), nor shall the City accept or initiate an application to
amend the text of the Land Use Code, which has been denied for a period of two years from the
date of denial.
Section 2: Effect Upon Existing Litigation.
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 3: Severability.
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 4: Effective Date.
Ordinance 11, Series 2012, Code Amendment Process
Page 8 of 9
In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall
become effective thirty (30) days following final passage.
Section 5: Notice of Public Hearing.
A public hearing on this ordinance shall be held on the 2°" day of April, 2012, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130
S. Galena St., 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.
FIRST READING OF THIS ORDINANCE WAS INTRODUCED, READ AND ORDERED
PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26th day of
March, 2012.
ATTEST: 7/1
Kathryn Sir, ity Clerk Michael C. Ireland ayor
FINALLY, adopted, passed and approved this 2nd day of April,2012.
ATTEST:
Kathryn S. 4�ch, City Clerk Michae 'C. reland, i ayor
Approved as to form:
ames R True,City Attorney
Ordinance 11, Series 2012, Code Amendment Process
Page 9 of 9
1111‘.111, uvial GU, ALF IL
7715314 0 )4 /
Ad Ticket#5
Acct: 1013028 Name: Aspen (LEGALS) City of
Phone: (970)920-5064 Address: 130 S Galena St
E-Mail:
Client: •
Caller: Kathryn Koch City: Aspen
Receipt State: CO Zip: 81611
Ad Name: 7715314A Original Id: 0
Editions: 8ATI/8ATW/ Class: 0990
Start: 03/29/12 Stop: 03/29/12
Color: Issue
Copyline: atw Ordinance 11 Rep: AT Legals
LEGAL NOTICE
ORDINANCE #11, 2012 PUBLIC HEARING
Lines: 20 Ordinance #11 . Series of 2012 was adopted on
Depth: 1.68 first reading at the City Council meeting March 26,
2012. This ordinance, if adopted, will amend the .
Columns: 1 process with which to amend the land use code.
The public hearing on this ordinance is scheduled
Discount: 0.00 for April 2. 2012 at 5 PM, City hall. 130 South
Commission: 0.00 Galena.
Net: 0.00 To see the entire text, go to the city's legal notice
website
Tax: 0.00 http://www.aspenpitkin.com/Departments/Clerk/
Total 10:12 Legal-Notices/
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If you would like a copy FAXed or e-mailed to you.
Payment 0.00 call the city clerk's office, 429-2686.
Published in the Aspen Times Weekly on March
29. 2012. [7715314]
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