HomeMy WebLinkAboutordinance.council.031-12 ORDINANCE No. 31
(Series of 2012)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMNETS TO
THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND USE
CODE OF THE CITY OF ASPEN MUNICIPAL CODE:
ADDING A NEW SECTION, SECTION 26.311, MASTER PLANS, AND AMENDING
SECTIONS 26.104.030, COMPREHENSIVE COMMUNITY PLAN AND OTHER
PLANS, GUIDELINES OR DOCUMENTS, 26.208.010, CITY COUNCIL - POWERS
AND DUTIES 26.210.020, COMMUNITY DEVELOPMENT DEPARTMENT -
DIRECTOR OF COMMUNITY DEVELOPMENT DEPARTMENT, 26.212.010,
PLANNING AND ZONING COMMISSION - POWERS AND DUTIES,AND 26.220.010,
HISTORIC PRESERVATION COMMISSION—POWERS AND DUTIES.
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen
Land Use Code, the City Council of the City of Aspen directed the Community Development
Department to explore code amendments related to the master plan process; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the
Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by
City Council, and then final action by City Council after reviewing and considering the
recommendation from the Community Development; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach with the Planning and Zoning Commission to gain
feedback on potential code changes to the Master Plan process; and,
WHEREAS, during a duly noticed public hearing on November 12, 2012, the City
Council approved a Policy Resolution, Resolution 104, Series of 2012, directing staff to process
code amendments related to heights and land uses in the downtown, by a four - one (4 - 1) vote;
and,
WHEREAS, the Community Development Director has recommended approval of
adding the proposed new section, Section 26.311, Master Plans, to the Land Use Code, and
recommended approval of the proposed amendments to the City of Aspen Land Use Code
Sections 26.208.010, City Council - Powers and Duties 26.210.020, Community Development
Department - Director of Community Development Department, 26.212.010, Planning and
Zoning Commission - Powers and Duties, and 26.220.010, Historic Preservation Commission —
Powers and Duties; and,
WHEREAS, the Aspen City Council has reviewed the proposed code amendments and
finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050;
and,
WHEREAS,the Aspen City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare; and
City Council Ord#31 of 2012
Master Plans Code Amendments
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NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1: A new Section of the Land Use Code, Section 26.311 — Master Plans, is hereby
added to the Land Use Code, as follows:
Chapter 26.311
MASTER PLANS
Sections
26.311.010 Purpose
26.311.020 Procedure for Plan Development, Review, and Adoption
26.311.030 Master Plan Use and Effect.
26.311.010. Purpose.
The purpose of this Chapter is to provide a means for formulating, adopting, and updating master
plans, comprehensive plans, and special area or topical plans. For the purposes of this Chapter,
these planning efforts are referred to as "master plans."
The City may from time to time adopt, re-adopt, amend, update, or add to the comprehensive
community plan (known as the Aspen Area Community Plan or AACP) which establishes and
projects the City's land use and development planning philosophy, goals, and policies. The
AACP may be broader in scope and serve as a guide for non-land use issues of the community.
The AACP shall encourage regional planning with neighboring communities and jurisdictions.
The City may from time to time adopt, re-adopt, amend, update, or add to a master plan which
establishes and projects the City's philosophy, goals, and policies regarding a particular area,
issue, or topic. Examples include a neighborhood plan, a downtown pedestrian plan, and the
like.
This Chapter outlines a process for adopting master plans focused on land use and development.
Plans focusing on non-land use issues may also follow this process. This Chapter does not
require all City initiatives to be developed and approved in this manner and does not preclude
processes that are not outlined herein.
26.311.020. Procedure for Plan Development, Review, and Adoption
A. General. The City of Aspen may from time to time adopt master plans to reflect the needs
and aspirations of the community and define methods to achieve those goals.
B. Steps required: The following steps may be modified to address the nature of a master plan
topic and the needs of the community. The desired steps should be considered during step one,
plan initiation. Step eight is required for adoption of a master plan. The City Council may decide
to pursue an initiative through other means than outlined below.
1. Step One—Plan Initiation.
a. Purpose: To determine if a master plan should be initiated or updated.
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Master Plans Code Amendments
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b. Process: The City Council shall decide whether the City should initiate a master
plan. The City Manager, Community Development Director, or City Department
Director, as applicable, may provide City Council with a recommendation
regarding the initiation of a master plan. Input from city boards, citizens, civic or
business groups, and other government organizations should be considered. A
general understanding of the topics to be covered, resources needed, the desired
process steps, and timeframe for adoption should be considered.
c. Form of decision: City Council decision to initiate a master plan shall be by
motion. The direction may be provided during a regular meeting or a work session
of the Council and may be incorporated into approval of a department work
program or budget.
d. Notice requirements: None.
2. Step Two—Existing Conditions/Background Information.
a. Purpose: To assemble need information and resources to facilitate plan
development.
b. Process: City staff shall identify and assemble important background information,
studies, reports, etc., as needed to enable an informed dialogue on the topic.
Background information may be issued as a report or presented to the public or
City boards as applicable.
3. Step Three—Public Outreach.
a. Purpose: To facilitate citizen awareness and solicit participation regarding
community goals, aspirations, and expectations of the master plan.
b. Process: City staff shall engage the public through a variety of efforts, which may
include open houses, surveys, small-group meetings, structured feedback sessions,
web-based methods, outreach to groups or individuals with particular interest, etc.
City Council shall be made aware of the outreach efforts and may from time to
time request additional or different techniques. A summary of the outreach
efforts and citizen comments may be issued as a report or presented to the public
or City boards as applicable.
4. Step Four—Draft Plan.
a. Purpose: To assimilate community aspirations into a cohesive plan.
b. Process: City staff shall develop a draft master plan that assimilates community
aspirations into a plan with a cohesive vision and a set of goals and policy
objectives. The plan should be aspirational in nature but should include sufficient
detail to guide implementation. A draft plan may take several iterations or be
developed in a phased manner. A draft plan may suggest multiple options or
strategies for further refinement.
5. Step Five—Establish Comments Period.
a. Purpose: To establish a public comments period and identify specific interest
groups from which comments are sought.
b. Process: Unless otherwise established in step 1, City Council shall determine the
length of the comment period. This period may be extended. City Council may
City Council Ord#31 of 2012
Master Plans Code Amendments
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request formal comments from certain city boards; citizen, civic, non-profit, or
business associations; or, from other governmental bodies. City Council may
direct city staff to assist interest groups in the formulation of comments. City
Boards may provide general comments, specific language or topical changes, or
other changes and comments as they deem necessary.
c. Form of decision: City Council direction shall be by motion. The direction may
be provided during a regular meeting or a work session of the Council.
6. Step Six—Public Review and Comment.
a. Purpose: To facilitate citizen awareness of the draft plan and solicit comments,
critique, and suggestions on how to improve the plan.
b. Process: City staff shall engage the public through a variety of efforts, which may
include open houses, surveys, small-group meetings, structured feedback sessions,
web-based methods, direct outreach to groups or individuals with particular
interest, etc. City Council shall be made aware of the outreach efforts and may
from time to time request additional or different techniques or extend the
comments time period. A summary of the outreach efforts and comments
received may be issued as a report or presented to the public or city boards as
applicable.
7. Step Seven—City Council Review.
a. Purpose: To review the draft master plan and the comments received and either
direct amendments to the draft plan (which may include repeating some of the
above steps) or direct staff to proceed to the adoption step.
b. Process: City staff shall present the draft plan and the public feedback to City
Council. City staff may also present modifications or options to the plan in
response to public feedback or suggest repeating some or all of the above steps.
City Council shall review the draft plan and provide direction to staff to either
amend the plan for further consideration by the Council, amend the plan and
repeat some of the above steps, or prepare the plan for adoption.
c. Form of decision: City Council direction shall be by motion. The direction may
be provided during a regular meeting or a work session of the Council.
d. Notice requirements: None.
8. Step Eight—City Council Adoption.
a. Purpose: To consider adoption of the master plan.
b. Process: City staff shall present City Council with the draft plan along with a
summary of the steps taken to develop the -plan, comments received, and any
suggested amendments to the plan. After receiving comments from the public
during a public hearing, City Council may adopt the plan as presented, adopt the
plan with amendments, direct amendments to the plan for further consideration,
direct staff to repeat of any of the above process steps, or not adopt the plan and
terminate the process.
c. Standard of Review: City Council shall determine if adoption of the master plan
is in the best interests of the community.
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Master Plans Code Amendments
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d. Form of decision: City Council adoption shall be by Resolution, after a public
hearing. Direction to staff to amend the plan or repeat any of the process steps
above may be by motion.
e. Notice requirements: Publication, pursuant to Subparagraph 26.304.060.E.3.a.
C. Reciprocal Adoption. City Council may adopt a master plan of another jurisdiction
by using the steps outlined above. City Council may condition adoption of a master
plan on the adoption of the plan by another jurisdiction.
D. Master Planning Termination. Notwithstanding the above steps, City Council may
terminate a master planning process at any time by motion of the Council.
26.311.030. Master Plan Use and Effect.
Adopted master plans of the City of Aspen shall be guiding and shall not place a burden on
property. Master plans may be used to develop proposed legislation (which may burden
property), to initiate new policies or operational practices, to develop budgets or department
work programs, or to otherwise guide action of the City in the public interest.
Master plans shall not be legally binding and shall not regulate or place a burden on real
property.
Section 2: 26.208.010, City Council - Powers and Duties, shall be amended as follows:
[No Changes to Sections A —H]
I. To adopt any plans, guidelines or documents that will be used in a guiding or regulatory
capacity by the City;
[No Changes to Section J—P]
Section 3: 26.210.020.13.18-24, Community Development Department - Director of Community
Development Department, shall be amended as follows:
[No Changes to Sections I — 17]
18. To undertake all general comprehensive planning responsibilities;
[No Changes to Sections 19—20]
21. To approve, approve with conditions or deny development subject to Chapter 26.520,
Accessory Dwelling Units and Carriage Houses;
22. To extinguish a transferable development right in accordance with Chapter 26.535;
23. To issue and extinguish Affordable Housing Certificates in accordance with Chapter
26.540; and
24. To assist and staff all aspects of the Master Planning process in accordance with Chapter
26.311.
Section 4: 26.212.010, Planning and Zoning Commission - Powers and Duties, shall be
amended as follows:
[No Changes to Sections A — Q]
City Council Ord#31 of 2012
Master Plans Code Amendments
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R. To adopt by resolution any operational guidelines or documents that will be used guiding
capacity by the Commission. To recommend via resolution the adoption of design guidelines by
the City Council. To provide input on Master Plans, in accordance with Chapter 26.311.
Section 5: 26.220.010, Historic Preservation Commission — Powers and Duties, shall be
amended as follows:
[No Changes to Sections A —DJ
E. To adopt by resolution any operational guidelines or documents that will be used in a guiding
capacity by the Commission. To recommend via resolution adoption of design guidelines by the
City Council. To provide input on Master Plans, in accordance with Chapter 26.311;
[No Changes to Sections F—K]
Section 6: 26.104.030, Comprehensive Community Plan and other plans, guidelines or
documents, shall be amended as follows: - - - - - - - - - - - -
26.104.030. Master Plans, Comprehensive Community Plan and other plans, guidelines
or documents.
A. The City shall from time to time adopt and update a comprehensive community plan (known
as the Aspen Area Community Plan or AACP) which shall establish and project the City's land
use and development planning philosophy, goals and policies. The comprehensive community
plan shall be broad in scope and serve as a guide to all land use development and planning. The
plan shall encourage and incorporate regional planning as well as land use development
cooperation and coordination between the City and neighboring communities and jurisdictions.
B. From time to time the City may re-adopt, amend, extend or add to its comprehensive
community plan or carry any part of its subject matter into greater detail through the development
of supplemental plans, guidelines or documents, pursuant to Section 26.311, Master Plans.
Section 7: 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 8: 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 9: Effective Date.
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 10:
City Council Ord #31 of 2012
Master Plans Code Amendments
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A public hearing on this ordinance shall be held on the 10th day of December, 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 26th day of November, 2012.
Attest:
Kathryn S. 1'ch, City Clerk Michael C. Ireland,Nfayor
FINALLY, adopted,passed and approved this 10th day of December,2012.
Attest:
Kathryn S. Koc , City Clerk Michael C. Ireland,Mayor
Approved as to form:
ity Attorney
City Council Ord 431 of 2012
Master Plans Code Amendments
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LEGAL NOTICE
Ad Name: 8641907A
ORDINANCE#31,2012 PUBLIC HEARING
Ordinance#31,Series of 2012,was adopted on
Customer: Aspen (LEGALS) City of first reading at the City Council meeting November
Your account number' 1013028 a c This ordinance,aadopted,will approve
a code de a m aendment to update and streamline the
process far initiating,developing and adopting all
Master plans. The public hearing on this ordi-
nance is scheduled for December 10,2012 at 5
PM,City hall,130 South Galena.
PROOF OF PUBLICATION To see the entire text,go to the citys legal notice
website
htto llwww.ast)enDitkin.com/Denartments/C/erk/
Leaal-Notices l
If you would like a copy FAXed,mailed or e-mailed
to you,call the city clerk's office,429-2686.
Published in the Aspen Times Weekly on Novem-
ber 29,2012. [8641907]
STATE OF COLORADO,
COUNTY OF PITKIN
I,Jim Morgan, do solemnly swear that I am General
Manager of the ASPEN TIMES WEEKLY, that
the same weekly newspaper printed, in whole or in
part and published in the County of Pitkin, State of
Colorado, and has a general circulation therein;that
said newspaper has been published continuously and
uninterruptedly in said County of Pitkin for a period
of more than fifty-two consecutive weeks next prior
to the first publication of the annexed legal notice or
advertisement.
The Aspen Times is an accepted legal advertising
medium, only for jurisdictions operating under
Colorado's Home Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every
number of said daily newspaper for the period of 1
consecutive insertions;and that the first publication
of said notice was in the issue of said newspaper
dated 11/29/2012 and that the last publication of
said notice was in the issue of said newspaper dated
11/29/2012.
In witness whereof,I have here unto set my hand
this 12/06/2012.
Jim Morgan,General Manager
Subscribed and sworn to before me,a notary public
in and for the County of Garfield,State of Colorado
this 12/06/2012.
g71 cr y mot. ( )0,t) m h a,,C -
Mary E.Borkenhagen,Notary Public
5O�t✓I Commission expires:September 12,2015
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