HomeMy WebLinkAboutordinance.council.036-13 ORDINANCE No. 36
(Series of 2013)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO
THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE
SECTIONS:
26.440, SPECIALLY PLANNED AREA;
26.445, PLANNED UNIT DEVELOPMENT;
26.104.100, DEFINITIONS— SPECIALLY PLANNED AREA;
26.208.010, CITY COUNCIL - POWERS AND DUTIES;
26.210.020.13, COMMUNITY DEVELOPMENT DEPARTMENT—JURISDICTION,
AUTHORITY AND DUTIES;
26.212.010, PLANNING AND ZONING COMMISSION—POWERS AND DUTIES;
26.304.040, COMMON DEVELOPMENT REVIEW PROCEDURES—INITIATION OF
APPLICATION FOR DEVELOPMENT ORDER;
26.304.060.A, REVIEW OF A DEVELOPMENT APPLICATION BY DECISION-
MAKING BODIES—REVIEW OF PROCEDURES AND STANDARDS;
26.412.040.A, COMMERCIAL DESIGN REVIEW—REVIEW PROCEDURE, REVIEW
PROCESS;
26.470.110.A, GROWTH MANAGEMENT REVIEW PROCEDURES—GENERAL;
26.510.020, SIGNS—APPLICABILITY AND SCOPE;
26.590, TIMESHARE DEVELOPMENT;
26.710.230, ZONE DISTRICTS—ACADEMIC; 26.710.240, ZONE DISTRICTS—PARK;
26.710.250, ZONE DISTRICTS - PUBLIC.
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 PUD and SPA Chapters in the Land
Use Code; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the
Municipal Code may 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 Department; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach regarding the code amendment; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing
on January 28, 2013, the City Council approved Resolution No.15, Series of 2013, by a five to zero
(5 —0) vote, requesting code amendments to the employee generation figures in the Land Use Code;
and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing
on January 28, 2013, the City Council approved Resolution No. 66, Series of 2013, by a three to
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Planned Development Nov. 18
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zero (3 — 0) vote, requesting code amendments to the PUD and SPA Chapters in the Land Use
Code; and,
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to the City of Aspen Land Use Code Sections 26.440, Specially Planned
Area; 26.445, Planned Unit Development; 26.104.100, Definitions — Specially Planned Area;
26.208.010, City Council - Powers and Duties; 26.210.020.13, Community Development
Department — Jurisdiction, Authority and Duties; 26.212.010, Planning and Zoning Commission
— Powers and Duties; 26.304.040, Common Development Review Procedures — Initiation of
application for development order; 26.304.060.A, Review of a development application by
decision-making bodies — Review of procedures and standards; 26.412.040.A, Commercial
Design Review — Review procedure, Review Process; 26.470.110.A, Growth Management
Review Procedures — General; 26.510.020, Signs — Applicability and scope; 26.590.030.C.4 —
Exempt timesharing, Review standards for exemption; 26.590.040, Timeshare Development —
Procedure for review of timeshare lodge development application; 26.590.050, Timeshare
Development — Contents of application; 26.590.070, Timeshare Development — Review
Standards for timeshare lodge development; 26.590.090, Timeshare Development — Timeshare
documents; 26.710.230, Zone Districts — Academic; 26.710.240, Zone Districts — Park; and
26.710.250, Zone Districts—Public; 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
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1: Any and all previous approvals, allowances, limitations, conditions granted to
properties previously designated Planned Unit Development (PUD) and/or Specially Planned
Area (SPA) on the Official Zone District Map shall remain in full force and effect and
subject to the terms of Chapter 26.445 —Planned Development.
Section 2: The Community Development Director shall cause the Official Zone District Map to
be amended as follows: All lands with a Specially Planned Area (SPA) designation and all
lands with a Planned Unit Development (PUD) designation on the Official Zone District Map
shall be designated Planned Development.
Section 3: All references in Title 26 to "Specially Planned Area" shall be amended to "Planned
Development." All references in Title 26 to "SPA" shall be amended to "Planned
Development." All references in Title 26 to "Planned Unit Development" shall be amended
to "Planned Development." All references in Title 26 to "PUD" shall be amended to
"Planned Development." All references to "Conceptual PUD Review" in Title 26 shall be
changed to "Project Review." All reference to "Conceptual PUD Development Plan" or
"Conceptual Development Plan" in Title 26 shall be changed to "Planned Development -
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Planned Development Nov. 18
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Project Review." All reference to "Final PUD Review" in Title 26 shall be changed to
"Planned Development - Detailed Review."
Section 4: Chapter 26.440, Specially Planned Area, shall be deleted in its entirety.
Sec.26.104.100, Definitions— Specially Planned Area (SPA) shall be amended to read "A zoning
designation used prior to the adoption of Ordinance 36, Series 2013, replaced by the
provisions of Chapter 26.445 —Planned Development."
Sec.26.104.100, Definitions — Planned Unit Development (PUD) shall be amended to read "A
zoning designation used prior to the adoption of Ordinance 36, Series 2013, replaced by the
provisions of Chapter 26.445 —Planned Development."
Sec.26.104.100, Definitions — PUD Development Agreement shall be amended to read
"Development Agreement. A recorded written agreement between the City and a project
owner/developer, prepared pursuant to Chapter 26.490 — Approval Documents, describing an
approved development application and describing, depicting, or referencing plans and
drawings outlining the nature of the project, regulatory approvals, policies related to land
uses, financial assurances for physical improvements, deed restrictions, timing of
improvements, acceptance procedures for improvements, noncompliance provisions and any
other requirements of the Development Order for the project. "
Sec.26.104.100, Definitions — PUD Development Plan shall be amended to read "Approval
Documents. A set of maps, drawings, depictions, or descriptions of a project prepared
pursuant to Chapter 26.490—Approval Documents."
Chapter 26.445, Planned Unit Development, shall be amended to read as follows:
Chapter 26.445
PLANNED DEVELOPMENT
Sections:
26.445.010. Purpose.
26.445.020. Applicability.
26.445.030. Scope and Limitations.
26.445.040. Procedures for Review.
26.445.050. Project Review Standards.
26.445.060. Use Variations Standards.
26.445.070. Detailed Review Standards,
26.445.080. Application Contents.
26.445.090. Documents and Deadlines.
26.445.100. Planned Development designation on Official Zone District Map.
26.445.110. Amendments.
26.445.120. Appeals.
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26.445.010. Purpose.
The purpose of Planned Development review is to encourage flexibility and innovation in the
development of land which:
A. Promotes the purposes, goals and objectives of applicable adopted regulatory plans.
B. Achieves a more desirable development pattern, a higher quality design and site planning, a
greater variety in the type and character of development and a greater compatibility with existing
and future surrounding land uses than would be possible through the strict application of the
zone district provisions.
C. Preserves natural and man-made site features of historic, cultural or scenic value.
D. Promotes more efficient use of land, public facilities and governmental services.
E. Incorporates an appropriate level of public input to the planning process to ensure sensitivity
to neighborhood and community goals and objectives.
F. Promotes safe and convenient transit, pedestrian, bicycle and vehicular access and circulation.
G. Allows the development of mixed land uses through the encouragement of innovative design
practices that warrant variations from the standard permitted zone district land uses and
dimensional requirements.
26.445.020. Applicability.
An application for a Planned Development may be submitted on any parcel, or series of adjacent
parcels, which is 27,000 square feet or greater in gross lot size or which requires the submission
of a Planned Development pursuant to the zoning for the parcel. (See Chapter 26.710. — Zone
Districts.) An application for a Planned Development may be submitted on any parcel, or series
of adjacent parcels, smaller than 27,000 square feet if the Community Development Director
believes there exists an opportunity to advance a significant community goal through the Planned
Development procedures.
An application to amend a Planned Development may be submitted for any land granted Planned
Development approval, including all land granted approval for a Planned Unit Development or
Specially Planned Area prior to the adoption of Ordinance 36, Series 2013, and all land
designated Planned Development on the Official Zone District Map. All land within a Planned
Development shall continue to be included in a zone district most appropriate for that land.
All development of land subject to an approved Planned Development, including all land subject
to a Planned Unit Development or Specially Planned Area approval granted prior to the adoption
of Ordinance 36, Series 2013, shall conform to the allowances and limitations of the applicable
Development Order for a site specific development plan.
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Planned Development Nov. 18
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All development of land designated Planned Development on the official zone district map and
which does not have an approved site specific development plan approval, must receive
amendment approval as set forth in Section 26.445.110, Amendments. However, in the absence
of an approved site specific development plan, a single detached, two (2) detached, or a duplex
residential dwelling, if listed as a permitted use in the property's zoning, may be developed in
conformance with the provisions of the Zone District. This shall not exempt a development from
complying with any other applicable Land Use Code requirements.
26.445.030 Scope and Limitations.
A. General.
Development on any land within a Planned Development may occur only after all land use
approvals are received, a Development Order is issued, all requisite documents, agreements,
plats, have been filed, and the applicant has received all necessary permits as required by the
Municipal Code and any other county, state or federal authority with jurisdiction over the land.
B. Scope and Limitations of Project Review.
Project Review shall set forth the overall concept and general parameters of a project. The
allowed land uses, layout, mass and scale, and dimensions of the project, including all deviations
from zone district allowances and limitations, shall be established during Project Review.
C. Scope and Limitations of Detailed Review.
Detailed Review shall be used to perfect and finalize detail aspects of the project within the
parameters established during Project Review. Issues resolved during Project Review shall not
be revisited or reconsidered as part of Detailed Review. (Also see amendment procedures —
Section 26.445.110.)
The approval of a Project Review and Detailed Review together constitute a Final Planned
Development Approval. A Development Order shall be issued after Detailed Review approval
and the period of statutory vested rights shall begin, subject to requirements of the Development
Order regarding the submission and recording of certain documents, plats, plans, or agreements.
26.445.040. Procedures for Review.
A. General. Any development within a Planned Development or on land designated Planned
Development on the Official Zone District Map shall be reviewed pursuant to the procedures and
standards in this Chapter and the Common Development Review Procedures set forth at Chapter
26.304. Any land previously designated on the Official Zone District Map or granted Planned
Unit Development (PUD) or Specially Planned Area(SPA) approval shall be subject to the terms
of this Chapter.
B. Planned Development Review. All development proposed within a Planned Development
shall be subject to a three-step review consisting of the following steps: Public hearings are
required at each step.
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Planned Development Nov. 18
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1. Step One —Project Review before the Planning and Zoning Commission (or Historic
Preservation Commission, as applicable).
a) Purpose: To determine if the application meets standards for Project Review
Approval. Project Review shall focus on the overall concept and general parameters
of a project. The allowed land uses, layout, mass and scale, and dimensions of the
project, including all deviations from zone district allowances and limitations, shall
be established during Project Review.
b) Process: The Community Development Director shall provide the Planning and
Zoning Commission or Historic Preservation Commission, as applicable, with a
recommendation to approve, approve with conditions, or deny and applicant's Project
Review, based on the standards of review. The Planning and Zoning Commission or
Historic Preservation Commission, as applicable, shall forward a recommendation of
approval, approval with conditions or disapproval of an applicant's Project Review to
City Council after considering the recommendation of the Community Development
Director, and comments and testimony from the public at a duly noticed public
hearing.
c) Standards of review: The proposed development shall comply with Section
26.445.050, Project Review Standards. If use variations are proposed, the proposed
development shall also comply with Section 26.445.060, Use Variation Standards.
d) Form of decision: The recommendation shall be by resolution.
e) Notice requirements: Publication, mailing and posting pursuant to Section
26.304.060.E.3.a, b and c. If use variations are proposed as part of the project,
Neighborhood Outreach, pursuant to Section 26.304.035, shall be required and all
public notices shall indicate what land uses are proposed to be added by including the
following language: "The applicant proposes the development include the following
land uses not otherwise allowed in the zone district: [list and description of land
uses]."
2. Step Two—Project Review before the City Council.
a) Purpose: To determine if the application meets standards for Project Review
Approval. Project Review shall focus on the overall concept and general parameters
of a project. The allowed land uses, layout, mass and scale, and dimensions of the
project, including all deviations from zone district allowances and limitations, shall
be established during Project Review.
b) Process: The Community Development Director shall provide City Council with a
recommendation to approve, approve with conditions, or deny the Project Approval
Review, based on the standards of review. City Council shall approve, approve with
conditions, or deny the application after considering the recommendation of the
Community Development Director, the recommendation from the Planning and
Zoning Commission or Historic Preservation Commission, as applicable, and
comments and testimony from the public at a duly noticed public hearing.
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Planned Development Nov. 18
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c) Standards of review: The proposed development shall comply with Section
26.445.050 for Project Approval Review. If variations in land uses are proposed, the
proposed development shall also comply with Section 26.445.060, Use Variation
Standards.
d) Form of decision: City Council action shall be by ordinance approving, approving
with conditions or denying Project Review.
e) Notice requirements: Requisite notice requirements for adoption of an ordinance by
City Council and publication, posting and mailing pursuant to Section
26.304.060.E.3.a, b and c. In addition, all notices shall include the following
language: "City Council's Project Review addresses land uses, mass, scale, height,
floor area, site planning and other major aspects of the proposal. City Council's
action is by ordinance and is binding."
If use variations are proposed as part of the project, Neighborhood Outreach, pursuant
to Section 26.304.035, shall be required and all public notices shall indicate what land
uses are proposed to be added by including the following language: "The applicant
proposes the development include the following land uses not otherwise allowed in
the zone district: [list and description of land uses]."
If use variations are proposed as part of the project, City Council may, at its
discretion, temporarily halt the review and require an applicant repeat Neighborhood
Outreach, pursuant to Section 26.304.035. After one additional Neighborhood
Outreach, City Council shall resume and complete its review.
3. Step Three — Detailed Review with Planning and Zoning Commission or Historic
Preservation Commission, as applicable.
a) Purpose: To determine if the application meets the standards for Detailed Review.
Detailed Review shall focus on refining a project design and operational
characteristics, including final architectural details and materials, landscape details,
utility and other infrastructure details. The intent is to perfect and finalize all detail
aspects of the project, but not to reconsider previously resolved issues. The Project
Review approval shall not be revisited as part of the Detailed Review. Approval of
Detailed Review together with the Project Review approval shall constitute approval
of a Final Development Plan.
b) Process: The Community Development Director shall provide the Planning and
Zoning Commission or Historic Preservation Commission, as applicable, with a
recommendation to approve, approve with conditions, or deny the Detailed Review,
based on the standards of review. The Planning and Zoning Commission or Historic
Preservation Commission, as applicable, shall approve, approve with conditions or
disapprove an Detailed Review after considering the recommendation of the
Community Development Director, and comments and testimony from the public at a
duly noticed public hearing.
c) Standards of review: The proposed development shall comply with Section
26.445.070, Detailed Review.
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Planned Development Nov. 18
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d) Form of decision: The decision shall be by resolution.
e) Notice requirements: Publication, posting and mailing pursuant to Section
26.304.060.E.3.a, b and c.)
B. Associated Reviews.
1. Project Review Combined with Associated Reviews. Unless waived by the
Community Development Director, after consultation with the applicant, an application
for Project Review shall be combined with development applications for all other
associated land use reviews necessary for the project, including conditional use, special
review, ESA review, subdivision review, rezoning, and growth management. All
associated reviews shall be combined with Project Review and made part of one decision
for the project as a whole, pursuant to Section 26.304.050.B.1 —Combined Reviews.
All approvals granted during Project Review shall be contingent upon the project
receiving Detailed Review approval. Failure to gain Detailed Review approval shall
nullify all associated review approvals. If a Combined Review has been permitted, all
associated reviews shall be combined, as stated above, to enable one decision for the
project as a whole.
The Community Development Director shall inform the applicant during the pre-
application stage of a project whether associated reviews combination will be required
and if any redundant submission requirements may be waived.
2. Project Review Combined with Conceptual Commercial Design Review. Unless
waived by the Community Development Director, after consultation with the applicant,
an application for Project Review shall be combined with conceptual commercial design
review and made part of one decision for the project as a whole, pursuant to Section
26.304.050.B.1 — Combined Reviews.
Notwithstanding section 26.412.040.13, Commercial Design Review Procedure, Appeals,
notice to City Council and call-up, when Project Review is combined with conceptual
commercial design review, City Council's Project Review shall constitute the required
commercial design review call-up procedure, and no other action shall be required.
The Community Development Director shall inform the applicant during the pre-
application stage of a project whether combination will be required and if any redundant
submission requirements may be waived.
3. Detailed Review Combined with Final Commercial Design Review. Unless waived
by the Community Development Director, after consultation with the applicant, an
application for Detailed Review shall be combined with final commercial design review
and made part of one decision for the project as a whole, pursuant to Section
26.304.050.B.1 —Combined Reviews.
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Planned Development Nov. 18
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The Community Development Director shall inform the applicant during the pre-
application stage of a project whether combination will be required and if any redundant
submission requirements may be waived.
4. Project Review or Detailed Review Combined with Historic Preservation Review.
An applicant may request and the Community Development Director may determine that
an application for Project Review or Detailed Review on a property that is historically
designated or located within a Historic District may be combined with applicable Historic
Preservation reviews outlined in Chapter 26.415, Historic Preservation, pursuant to
Section 26.304.060(B)(1), Combined Reviews. When such combined review occurs, the
Project Review, or Detailed Review as applicable, and any other associated reviews shall
be completed by the Historic Preservation Commission.
A decision to combine Historic Preservation reviews during Project Review shall not
preclude or require combination during Detailed Review. For example, a Detailed
Review may be performed by the Historic Preservation Commission even if the HPC did
not perform the Project Review.
Notwithstanding sections 26.415.120.8-D, Historic Preservation, Appeals, notice to City
Council and call-up, when Project Review is combined with a Historic Preservation
review that is subject to said sections, City Council's Project Review shall constitute the
required call-up procedure, and no other action shall be required.
26.445.050. Project Review Standards.
The Project Review shall focus on the general concept for the development and shall outline any
dimensional requirements that vary from those allowed in the underlying zone district. The
burden shall rest upon an applicant to show the reasonableness of the development application
and its conformity to the standards and procedures of this Chapter and this Title. The underlying
zone district designation shall be used as a guide, but not an absolute limitation, to the
dimensions which may be considered during the development review process. Any dimensional
variations allowed shall be specified in the ordinance granting Project Approval. In the review
of a development application for a Project Review, the Planning and Zoning Commission and
City Council shall consider the following:
A. Compliance with Adopted Regulatory Plans. The proposed development complies with
applicable adopted regulatory plans.
B. Development Suitability. The proposed Planned Development prohibits development on
land unsuitable for development because of natural or man-made hazards affecting the
property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil
creep, rock falls, rock slides, mining activity including mine waste deposit, avalanche or
snowslide areas, slopes in excess of 30%, and any other natural or man-made hazard or
condition that could harm the health, safety, or welfare of the community. Affected areas
may be accepted as suitable for development if adequate mitigation techniques acceptable to
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Planned Development Nov. 18
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the City Engineer are proposed in compliance with Title 29 — Engineering Design Standards.
Conceptual plans for mitigation techniques may be accepted for this standard. The City
Engineer may require specific designs, mitigation techniques, and implementation timelines
be defined as part of the Detailed Review and documented within a Development Agreement.
C. Site Planning. The site plan is compatible with the context and visual character of the area.
In meeting this standard, the following criteria shall be used:
1. The site plan responds to the site's natural characteristics and physical constraints such as
steep slopes, vegetation, waterways, and any natural or man-made hazards and allows
development to blend in with or enhance said features.
2. The project preserves important geologic features, mature vegetation, and structures or
features of the site that have historic, cultural, visual, or ecological importance or
contribute to the identity of the town.
3. Buildings are oriented to public streets and are sited to reflect the neighborhood context.
Buildings and access ways are arranged to allow effective emergency, maintenance, and
service vehicle access.
D. Dimensions. All dimensions, including density, mass, and height shall be established during
the Project Review. A development application may request variations to any dimensional
requirement of this Title. In meeting this standard, consideration shall be given to the
following criteria:
1. There exists a significant community goal to be achieved through such variations.
2. The proposed dimensions represent a character suitable for and indicative of the primary
uses of the project.
3. The project is compatible with or enhances the cohesiveness or distinctive identity of the
neighborhood and surrounding development patterns, including the scale and massing of
nearby historical or cultural resources.
4. The number of off-street parking spaces shall be established based on the probable
number of cars to be operated by those using the proposed development and the nature of
the proposed uses. The availability of public transit and other transportation facilities,
including those for pedestrian access and/or the commitment to utilize automobile
disincentive techniques in the proposed development, and the potential for joint use of
common parking may be considered when establishing a parking requirement.
5. The Project Review approval, at City Council's discretion, may include specific
allowances for dimensional flexibility between Project Review and Detailed Review.
Changes shall be subject to the amendment procedures of Section 26.445.110
Amendments.
E. Design Standards. The design of the proposed development is compatible with the context
and visual character of the area. In meeting this standard, the following criteria shall be used:
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I. The design complies with applicable design standards, including those outlined in
Chapter 26.410, Residential Design Standards, Chapter 26.412, Commercial Design
Standards, and Chapter 26.415, Historic Preservation.
2. The proposed materials are compatible with those called for in any applicable design
standards, as well as those typically seen in the immediate vicinity. Exterior materials are
finalized during Detailed Review, but review boards may set forth certain expectations or
conditions related to architectural character and exterior materials during Project Review..
F. Pedestrian, bicycle & transit facilities. The development improves pedestrian, bicycle, and
transit facilities. These facilities and improvements shall be prioritized over vehicular
facilities and improvements. Any vehicular access points, or curb cuts, minimize impacts on
existing or proposed pedestrian, bicycle, and transit facilities. The City may require specific
designs, mitigation techniques, and implementation timelines be defined as part of the
Detailed Review and documented within a Development Agreement.
G. Engineering Design Standards. There has been accurate identification of engineering
design and mitigation techniques necessary for development of the project to comply with
the applicable requirements of Municipal Code Title 29 — Engineering Design Standards and
the City of Aspen Urban Runoff Management Plan (URMP). The City Engineer may require
specific designs, mitigation techniques, and implementation timelines be defined as part of
the Detailed Review and documented within a Development Agreement.
H. Public Infrastructure and Facilities. The proposed Planned Development shall upgrade
public infrastructure and facilities necessary to serve the project. Improvements shall be at
the sole costs of the developer. The City Engineer may require specific designs, mitigation
techniques, and implementation timelines be defined as part of the Detailed Review and
documented within a Development Agreement.
I. Access and Circulation. The proposed development shall have perpetual unobstructed legal
vehicular access to a public way. A proposed Planned Development shall not eliminate or
obstruct legal access from a public way to an adjacent property. All streets in a Planned
Development retained under private ownership shall be dedicated to public use to ensure
adequate public and emergency access. Security/privacy gates across access points and
driveways are prohibited.
26.445.060. Use Variation Standards.
A development application may request variations in the allowed uses permitted in the zone
district. The burden shall rest upon an applicant to show the reasonableness of the request and its
conformity to the standards and procedures of this Chapter and this Title. The permitted and
conditional uses allowed on the property according to its zoning shall be used as a guide, but not
an absolute limitation, to the land uses which may be considered during the review. Any use
variation allowed shall be specified in the ordinance granting Project Review approval. In the
review of a development application for a Project Review, the Planning and Zoning Commission
and City Council shall consider the following standards related to Use Variations:
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A. The proposed use variation is compatible with the character of existing and planned land uses
in the project and surrounding area. In meeting this standard, consideration shall be given to
the existence of similar uses in the immediate vicinity, as well as how the proposed uses may
enhance the project or immediate vicinity.
B. The proposed use variation is effectively incorporated into the project's overall mix of uses.
In meeting this standard, consideration shall be given to how the proposed uses within a
project will interact and support one another.
C. The location, size, design, and operating characteristics of the proposed use variation
minimizes adverse effects on the neighborhood and surrounding properties.
D. The proposed use variation complies with applicable adopted regulatory plans.
26.445.070. Detailed Review Standards.
Detailed Review shall focus on the comprehensive evaluation of the specific aspects of the
development, including utility placement, and architectural materials. In the review of a
development application for Detailed Review, the Planning and Zoning Commission, or the
Historic Preservation Commission as applicable, shall consider the following:
A. Compliance with Project Review Approval. The proposed development, including all
dimensions and uses, is consistent with the Project Review approval and adequately
addresses conditions on the approval and direction received during the Project Review.
B. Growth Management. The proposed development has received all required GMQS
allotments, or is concurrently seeking allotments.
C. Site Planning and Landscape Architecture. The site plan is compatible with the context
and visual character of the area. In meeting this standard, the following criteria shall be used:
1. The landscape plan exhibits a well-designed treatment of exterior spaces, preserves
existing significant vegetation, and provides an ample quantity and variety of ornamental
plant species suitable for the Aspen area climate. Vegetation removal, protection, and
restoration plans shall be acceptable to the Director of Parks and Open Space.
2. Buildings and site grading provide simple, at-grade entrances and minimize extensive
grade changes along building exteriors. The project meets or exceeds the requirements of
the Americans with Disabilities Act and applicable requirements for emergency,
maintenance, and service vehicle access. Adequate snow storage is accommodated.
3. Energy efficiency or production features are integrated into the landscape in a manner
that enhances the site.
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4. All site lighting is proposed so as to prevent direct glare or hazardous interference of any
kind to adjoining streets or lands. All exterior lighting shall comply with the City's
outdoor lighting standards.
5. Site drainage is accommodated for the proposed development in compliance with Title 29
—Engineering Design Standards and shall not negatively impact surrounding properties.
D. Design Standards and Architecture. The proposed architectural details emphasize quality
construction and design characteristics. In meeting this standard, the following criteria shall
be used:
1. The project architecture provides for visual interest and incorporates present-day details
and use of materials respectful of the community's past without attempting to mimic
history.
2. Exterior materials are of a high quality, durability, and comply with applicable design
standards, including those outlined in Chapter 26.410, Residential Design Standards,
Chapter 26.412, Commercial Design Standards, and Chapter 26.415, Historic
Preservation.
3. Building entrances are sited or designed to minimize icing and snow shedding effects.
4. Energy efficiency or production features are integrated into structures in a manner that
enhances the architecture.
5. All structure lighting is proposed so as to prevent direct glare or hazardous interference of
any kind to adjoining streets or lands. All exterior lighting shall comply with the City's
outdoor lighting standards.
E. Common Parks, Open Space, Recreation Areas, or Facilities. If the proposed
development includes common parks, open space, recreation areas, or common facilities, a
proportionate, undivided interest is deeded in perpetuity to each lot or dwelling unit owner
within the Planned Development. An adequate assurance through a Development Agreement
for the permanent care and maintenance of open spaces, recreation areas, and shared facilities
together with a prohibition against future development is required.
G. Pedestrian, bicycle & transit facilities. The development improves pedestrian, bicycle, and
transit facilities. These facilities and improvements shall be prioritized over vehicular
facilities and improvements. Any new vehicular access points minimize impacts on existing
pedestrian, bicycle and transit facilities.
Any specific designs, mitigation techniques, and implementation timelines as required during
Project Review comply with the applicable requirements of the Project Review and as
otherwise required in the Land Use Code. These plans shall provide sufficient detail to
determine if the design or mitigation concept complies with the intent of the requirements
and to determine any required cost estimating for surety requirements, but do not need to be
detailed construction documents.
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Planned Development Nov. 18
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H. Engineering Design Standards. There has been accurate identification of engineering
design and mitigation techniques necessary for development of the proposed subdivision to
comply with the applicable requirements of Municipal Code Title 29 — Engineering Design
Standards and the City of Aspen Urban Runoff Management Plan (URMP).
Any specific designs, mitigation techniques, and implementation timelines as required during
Project Review comply with the applicable requirements of Municipal Code Title 29 —
Engineering Design Standards and the City of Aspen Urban Runoff Management Plan
(URMP). These plans shall provide sufficient detail to determine if the design or mitigation
concept complies with the intent of the requirements, but do not need to be detailed
construction documents.
I. Public Infrastructure and Facilities. The proposed Planned Development shall upgrade
public infrastructure and facilities necessary to serve the project. Improvements shall be at
the sole costs of the developer.
Any specific designs, mitigation techniques, and implementation timelines as required during
Project Review comply with the applicable requirements of Municipal Code Title 29 —
Engineering Design Standards and the City of Aspen Urban Runoff Management Plan
(URMP). These plans shall provide sufficient detail to determine if the design or mitigation
concept complies with the intent of the requirements, but do not need to be detailed
construction documents.
J. Phasing of development plan. If phasing of the development plan is proposed, each phase
shall be designed to function as a complete development and shall not be reliant on
subsequent phases. Phasing shall insulate, to the extent practical, occupants of initial phases
from the construction of later phases. All necessary or proportionate improvements to public
facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used
jointly by residents of the Planned Development, construction of any required affordable
housing, and any mitigation measures shall be completed concurrent or prior to the respective
impacts associated with the phase.
26.445.080. Application Contents.
A. Project Review Application Contents. The contents of a development application for a
Project Review shall include the following:
1. The general application information required in Common Development Review
Procedures set forth at Section 26.304.030.
2. A site improvement survey meeting the requirements of Title 29, Engineering Design
Standards.
3. A description, and depiction as necessary, of the proposed development including a
statement of the objectives to be achieved by the Planned Development and a description
of the proposed land uses, densities, natural features, traffic and pedestrian circulation,
parking, open space areas, landscaping, and infrastructure improvements. Also see
Chapter 26.490—Approval Documents.
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Planned Development Nov. 18
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4. An architectural character plan showing the use, massing, scale and orientation of the
proposed buildings, and outlining the suitability of a building for its purposes, legibility
of the building's use, the building's proposed massing, proportion, scale, orientation to
public spaces and other buildings, and other attributes which may significantly represent
the proposed development.
5. For Planned Development applications involving the addition of 10 or more residential
units, 20 or more lodging units, or 20,000 square feet or more of commercial space (or
any equivalent combination thereof), "ability-to-serve" letters from public and private
utility providers that will service the proposed project with potable water, natural gas,
electricity, sanitary sewer, storm sewer, and roads stating they can service the proposed
subdivision. Ability-to-Serve letters shall be substantially in the following format:
The [utility provider] has reviewed the proposed [planned development name and
date of application] and has adequate capacity to serve proposed development,
subject to compliance with the following adopted design standards [reference] and
subject to the following adopted tap fee or impact mitigation requirements
[reference].
For Planned Development applications proposing the addition of 50 or more residences,
or that proposes new water use in an amount equal to or exceeding that used by 50
residences, the application must demonstrate compliance with the State Adequate Water
Supply Act. (Colo. Revised Statutes 29-20-301, et seq.)
6. A description, and depiction as needed, of the project's dimensional and use allowances
to be varied from the property's zoning allowances. All dimensional and use variation
requests shall be considered during Project Review.
7. A statement prepared by a Colorado registered Professional Engineer, and depiction or
mapping as necessary, regarding the presence of natural or man-made hazards affecting
the property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or
soil creep, rock falls, rock slides, mining activity including mine waste deposit, avalanche
or snowslide areas, slopes in excess of 30%, and any other natural or man-made hazard or
condition that could harm the health, safety, or welfare of the community. Areas with
slopes in excess of 30% shall require a slope stability study reviewed by the Colorado
Geologic Survey. Also see Chapter 29 — Engineering Design Standards regarding
identification and mitigation of natural hazards.
8. A statement prepared by a Colorado registered Professional Engineer, and depiction or
mapping as necessary, describing the potential infrastructure upgrades, alignment, design,
and mitigation techniques that may be necessary for development of the site to be served
by public infrastructure, achieve compliance with Municipal Code Title 29 — Engineering
Design Standards, and achieve compliance with the City of Aspen Urban Runoff
Management Plan (URMP).
The information shall be of sufficient detail to determine the acceptable location(s) and
extent of development and to understand the necessary upgrades and the possible
alignments, designs, or mitigation techniques that may be required. Specific engineered
solutions and design details do not need to be submitted for Project Review.
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Planned Development Nov. 18
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9. A written response to each of the review criteria contained in Sections 26.445.050, and
26.445.060, as applicable.
10. The application contents, materials, and written responses as applicable for all associated
reviews being combined with Project Review.
B. Detailed Review Application Contents. The contents of the development application for a
Detailed Review shall include the following:
1. The general application information required in Common Procedures, Chapter 26.304.
2. A site improvement survey meeting the requirements of Title 29, Engineering Design
Standards,
3. Description, and depiction as necessary, of how the project complies with the approved
Project Review, including requested plans, reports, or other documentation.
4. Proposed Planned Development plans and Development Agreement containing the
applicable information required by Chapter 26.490, Approval Documents.
5. A grading and drainage plan showing all grading and how drainage and stormwater is
accommodated, and that meets the Conceptual Drainage Plan and Report requirements in
the Urban Runoff Management Plan (URMP).
6. A description, and depiction as necessary, for specific pedestrian, bicycle, and transit
facility designs, mitigation techniques, and implementation timelines as required during
Project Review. These plans shall provide sufficient detail to determine if the design or
mitigation concept complies with the intent of the requirements, but do not need to be
detailed construction documents.
7. A description, and depiction as necessary, for specific engineering designs, hazard
mitigation techniques, and implementation timelines as required during Project Review.
These plans shall provide sufficient detail to determine if the design or mitigation concept
complies with the applicable requirements of Municipal Code Title 29 — Engineering
Design Standards and the City of Aspen Urban Runoff Management Plan (URMP), but
do not need to be detailed construction documents.
8. A description, and depiction as necessary, for specific Public Infrastructure and Facility
designs, mitigation techniques, and implementation timelines as required during Project
Review. These plans shall provide sufficient detail to determine if the design or
mitigation concept complies with the applicable requirements of Municipal Code Title 29
— Engineering Design Standards and the City of Aspen Urban Runoff Management Plan
(URMP), but do not need to be detailed construction documents.
9. A statement specifying the method of maintaining any proposed common areas on the
site, including but not limited to common parking areas, walkways, landscaped areas and
recreational facilities and what specific assurances will be made to ensure the continual
maintenance of said areas.
10. A description of any proposed project phasing detailing the specific improvements within
each phase.
11. A written response to each of the review criteria contained in Section 26.445.070.
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Planned Development Nov. 18
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12. The application contents, materials, and written responses as applicable for all associated
reviews being combined with Detailed Review.
26.445.090. Documents and Deadlines.
A. Documenting Project Review Approval.
Unless otherwise specified in the ordinance granting Project Review approval, a Project Review
approval shall be documented by filing an approved plan set with the Community Development
Department, pursuant to Chapter 26.490 — Development Documents, within one hundred eighty
(180) days following the date of Project Review approval. The approved plan set may be
required to contain various plans, diagrams, or narrative to document unique characteristics of
the approval. Failure to submit an approved plan set within the time period shall render null and
void the Project Review approval. The Community Development Director may extend this
deadline by ninety (90) days, pursuant to sub-section C below.
Unless otherwise specified in the ordinance granting Project Review approval, a development
application for Detail Review shall be submitted within one (1) year of the date of Project
Review approval. Failure to file such an application within this time period shall render the
Project Review approval null and void. The Community Development Director may extend this
deadline by one hundred eighty (180) days, pursuant to sub-section C below.
An application for Project Review amendment must be submitted within one (1) year of the
previously approved Project Review. Applications for Project Review amendment submitted
after this deadline shall be subject to a new Project Review and shall be subject to any changes in
zoning and the Land Use Code. The Community Development Director may extend this
deadline by one hundred eighty (180) days, pursuant to sub-section C below. When an
application for a Project Review Amendment is submitted pursuant to Section 26.445.110(A),
the requirement that a development application for Detailed Review be submitted within one (1)
year shall be stayed for the period of pendency of the amendment. Amendment approval shall
create a new one-year application deadline.
B. Documenting Final Planned Development Approval.
The approval of a Project Review and Detailed Review together constitute a Final Planned
Development Approval. A Development Order shall be issued after Detailed Review approval.
A Final Planned Development approval shall be documented by filing an approved plan set and
all required plats and Development Agreements, pursuant to Chapter 26.490 — Approval
Documents. Unless otherwise specified in the Resolution granting Detailed Review approval,
the approved plan set and all proposed plats and agreements shall be submitted within one
hundred eighty (180) days following the date of issuance of the Development Order. The
approved plan set may be required to contain various plans, diagrams, or narrative to document
unique characteristics of the approval. Failure to submit an approved plan set within the time
period shall render null and void the Project Review and Detailed Review approvals. The
Community Development Director may extend this deadline by a time period not to exceed the
period of statutory vested rights, pursuant to sub-section C below.
Ordinance 36, Series 2013
Planned Development Nov. 18
Page 17 of 27
When an application for a Project Approval Amendment or Detailed Review Amendment is
submitted pursuant to Section 26.445.090(A), the filing deadline shall be stayed for the period of
pendency of the amendment. Amendment approval shall create a new filing deadline.
C. Deadline Extensions.
Failure on the part of the applicant to submit required approval documents within the timeframe
set forth herein shall render the land use approval invalid. The Community Development
Director may extend the applicable submission deadline, by a time period as set forth herein, if
the request is made within the statutory vesting period, the applicant demonstrates evidence of
preparing the needed documents, and the applicant shows reasonable cause for the delay. A
written request for extension must be received no less than thirty (30) days prior to the deadline.
The Community Development Director may forward the extension request to the City Council
and the City Council may, at its sole discretion and for good cause shown, grant an extension.
26.445.100. Planned Development designation on Official Zone District Map.
Upon adoption of an Ordinance granting Project Review approval, the Community Development
Director shall be authorized to amend the Official Zone District Map to reflect a Planned
Development designation upon issuance of a Development Order and recordation of all required
plats, plans, and agreements for the Planned Development.
The designation of a Planned Development on the Official Zone District Map shall not require a
Rezoning application under Chapter, 26.310, Amendments to the Land Use Code and Of
Zone District Map, as the act of adopting an Ordinance approving Project Review shall authorize
the designation on the City's Official Zone District Map.
26.445.110. Amendments. Amendments to an approved Project Review or to an approved
Detailed Review shall be reviewed according to the standards and procedures outline below.
Amendments to Planned Unit Development and Specially Planned Area approvals (pre-
Ordinance 36, 2013, approvals) shall also proceed according to the standards and procedures
outline below and the Community Development Director shall determine the type of procedure
most-applicable to the requested amendment.
A. Insubstantial Amendments. An insubstantial amendment to an approved Project Review or
an approved Detailed Review may be authorized by the Community Development Director. An
insubstantial amendment shall meet the following criteria:
1. The request does not change the use or character of the development.
2. The request is consistent with the conditions and representations in the project's original
approval, or otherwise represents an insubstantial change.
3. The request does not require granting a variation from the project's allowed use(s) and
does not request an increase in the allowed height or floor area.
4. Any proposed changes to the approved dimensional requirements are limited to a
technical nature, respond to a design parameter that could not have been foreseen during
Ordinance 36, Series 2013
Planned Development Nov. 18
Page 18 of 27
the Project Review approval, are within dimensional tolerances stated in the Project
Review, or otherwise represents an insubstantial change.
5. An applicant may not apply for Detailed Review if an amendment is pending.
B. Insubstantial Amendment to a Designated Area. An amendment to the boundaries of a
Planned Development designated area may be authorized by the Community Development
Director. An insubstantial amendment shall meet the following criteria:
1. The request does not change the use or character of the development.
2. The request is due to a surveying or technical error that could not have been foreseen
during the original approval, or otherwise represents an insubstantial change to the area
of designation.
3. A boundary adjustment plat, as may be required by Chapter 26.480 — Subdivision, has
been approved.
C. Documenting or Restating Existing Conditions. In the absence of a Final Development
Plan for a property designated Planned Development, or in instances where the existing
documentation is antiquated or does not adequately guide development, the Community
Development Director may authorize the documentation or restatement of existing conditions.
The amendment shall meet the following criteria:
1. The request does not change the use or character of the development.
2. The property was designated as a Planned Development, Planned Unit Development, or
Specially Planned Area by ordinance of the City.
3. No or limited documentation exists describing the allowances and limitations of the
Planned Development, and there exists a community interest in updating the
documentation for administrative clarity.
4. The request is limited to clarifying existing conditions and modernizing documentation
regarding the allowances and limitations of the project, which may include updating and
restating antiquated, project-specific zoning measurement methods to conform with
present-day methods for measuring dimensional allowances and limitations.
5. Any proposed changes to the approved dimensional allowances are limited to a surveying
or technical nature, enable structures to come into conformance with current zoning,
building, engineering, or fire code parameters, or otherwise represent an insubstantial
change.
E. Minor Amendment to a Project Review approval. An amendment found by the
Community Development Director to be generally consistent with the allowances and limitations
of a Project Review approval or which otherwise represents an insubstantial change but which
does not meet the established thresholds for an insubstantial amendment, may be approved,
approved with conditions or denied by the City Council, pursuant to 26.445.040.B.2 — Step Two.
An applicant may not apply for Detailed Review if an amendment is pending.
F. Minor Amendment to a Detailed Review approval. An amendment found by the
Community Development Director consistent with a Project review approval and to be generally
consistent with the allowances and limitations of a Detailed Review approval, or which
Ordinance 36, Series 2013
Planned Development Nov. 18
Page 19 of 27
otherwise represents an insubstantial change, but which does not meet the established thresholds
for an insubstantial amendment, may be approved, approved with conditions or denied by the
Planning and Zoning Commission of the Historic Preservation Commission as applicable,
pursuant to 26.445.040.B.3 — Step Three.
G. Major Amendment. An amendment found by the Community Development Director to be
inconsistent with the Project Review approval and inconsistent with the Detailed Review
approval shall be subject to full review, pursuant to 26.445.040.B. steps one, two, and three.
H. Amendment Conditions. During the review of a proposed amendment, the Community
Development Director, the Planning and Zoning Commission, and the City Council may require
such conditions of approval as are necessary to insure that the development will be compatible
with current community circumstances. Conditions may be applied to portions or aspects of the
project which are the subject of the amendment request or other portions or aspects of the
project. Conditions may include adherence to any new community policies or regulations which
have been implemented since the original approval or that reflect changed or changing
community circumstances as they affect the project's entitled allowances and limitations
including material representations and commitments. The applicant may withdraw the proposed
amendment at any time during the review process.
I. Absence of approved final development plan. In the absence of an approved Final
Development Plan for a site designated Planned Development on the Official Zone District Map,
an accurate improvements survey of existing conditions may be substituted to permit evaluation
of whether the proposal is an insubstantial or other amendment. The Community Development
Director may require additional documentation of existing conditions including dimensions of
existing structures to make the determination.
J. Rescinding a Planned Development Designation. The removal of a Planned Development
designation from a parcel for cause may be approved by City Council at a duly noticed public
hearing. When no cause is shown, removal of a Planned Development designation shall follow
the process for a complete review, as outlined in Section 26.445.030.B.1 — Three Step Review,
but shall require demonstration of why the land no longer meets the standards of review.
26.445.120 Appeals.
An applicant aggrieved by a decision made by the Community Development Director regarding
administration of this Chapter may appeal the decision to the City Council, pursuant to Chapter
26.316.
An applicant aggrieved by a Detailed Review decision made a Planning and Zoning Commission
or the Historic Preservation Commission as applicable, may appeal the decision to the City
Council. In such circumstances, the Commission's decision shall be considered a
recommendation to City Council. The City Council shall follow the review process outlined in
Section 26.445.040.B.3 — Step Three, and the decision shall be by City Council resolution.
Section 5: Sec. 26.470.110.A, Growth Management Review Procedures—General, shall be
Ordinance 36, Series 2013
Planned Development Nov. 18
Page 20 of 27
amended as follows:
[No Changes to 1 — 4]
5. Planned Development review. Projects requiring approval of a Project Review or
Detailed Review, pursuant to Chapter 26.445, may be reviewed concurrently with review
for growth management, pursuant to Paragraph 26.304.060.B.1.
6. Conceptual Commercial Design Review. Commercial, lodging and mixed-use projects
requiring conceptual commercial design review approval, pursuant to Chapter 26.412,
may be reviewed concurrently with review for growth management, pursuant to
Paragraph 26.304.060.B.1.
[No Changes to 7— 10]
Section 6: Sec. 26.208.010.E-P, City Council - Powers and Duties, shall be amended as follows:
[No Changes to A —D]
E is deleted
All subsequent lettered subsections (F—P) shall be re-numbered to E - O.
F (re-numbered to E) is amended as follows: "To review and approve, approve with
conditions or disapprove a Planned Development Project Review and to hear and decide
appeals of a Planned Development Detailed Review decision by the Planning and Zoning
Commission or the Historic Preservation Commission, pursuant to Chapter 26.445 —Planned
Development;"
Section 7: Sec. 26.210.020.13.16-24, Community Development Department—Jurisdiction,
Authority and Duties, shall be amended as follows:
[No Changes to I - 15]
16 is deleted
All subsequent lettered subsections (17-24) shall be re-numbered to 16-23.
Section 8: Sec. 26.212.010.F-R, Planning and Zoning Commission—Powers and Duties, shall
be amended as follows:
[No Changes to A —D]
E is amended as follows: "To review and make recommendations of approval, approval with
conditions, or disapproval to the City Council on a Planned Development Project Review and
to approve, approve with conditions, or deny Planned Development Detailed Review,
pursuant to Chapter 26.445 —Planned Development;"
F is deleted
Ordinance 36, Series 2013
Planned Development Nov. 18
Page 21 of 27
All subsequent lettered subsections (G—R) shall be re-numbered to F—Q.
Section 9: Sec. 26.304.060.A, Review of a development application by decision-making bodies
—Review of procedures and standards, shall be amended to delete the reference to Specially
Planned Areas (SPA).
Section 10: Sec. 26.412.040.A, Commercial Design Review—Review procedure, Review
Process, shall be amended as follows:
26.412.040. Review procedure.
A. Review Process. Commercial design review is divided into a two-step process known as
conceptual design and final design. Pursuant to Section 26.304.020 of this Title, Pre-application
conference, applicants are encouraged, although not required, to meet with a City Planner of the
Community Development Department to clarify the requirements of this Section and to
determine if a project may be exempted from the provisions of this Section.
Consolidation of applications and combining of reviews. The procedures for commercial design
review include a two-step process requiring approval by a Commission of a conceptual design
and then a final design. If a development project involves additional City land use approvals, the
Community Development Director may consolidate or modify the review process accordingly,
pursuant to Subsection 26.304.060.13 of this Title.
If a proposed development, in the opinion of the Community Development Director and in
consultation with the applicant, does not require growth management review and is of limited
scope, the Director may authorize the application to bypass conceptual design review and be
reviewed only for final design. In this circumstance, the City Council shall be promptly notified
of the Director's decision and afforded the opportunity to call-up the decision pursuant to
Subsection 26.410.040.13, Appeals, notice to City Council and call-up.
When the Historic Preservation Commission has purview over commercial design review, an
application for commercial design review shall be consolidated with the appropriate review
process as required by Section 26.415.070, Development Involving Designated Property. When
an application is considered consolidated and a conflict between this Chapter and Chapter
26.415, Development Involving the Aspen Inventory of Historic Landmark Sites and Structures
or Development in an "H," Historic Overlay District, arises, the regulations of Chapter 26.415
shall supersede.
[No changes to subsections 1 —S]
Section 11: Sec. 26.304.040, Common Development Review Procedures—Initiation of
application for development order, shall be amended as follows:
26.304.040. Initiation of application for Development Order.
An application for a Development Order may only be initiated by (1) a person or persons who
represents they have legal authority to affect title to the property subject to the development
application and proposed development; (2) the City Council or the Planning and Zoning
Ordinance 36, Series 2013
Planned Development Nov. 18
Page 22 of 27
Commission for the purpose of amending the text of this Chapter or the Official Zone District
Map (Chapter 26.310) or to designate a Planned Development (Chapter 26.445); and, (3) the
City Council, Planning and Zoning Commission, or Historic Preservation Commission for the
purpose of designating an Historic Overlay District or designating a property on the Aspen
Inventory of Historic Landmark Sites and Structures.
Section 12: Sec. 26.510.020, Signs—Applicability and scope, shall be amended as follows:
26.510.020 Applicability and scope
This Chapter shall apply to all signs of whatever nature and wherever located within the City
except for those signs permitted through an approved Planned Development.
Section 13: Sec. 26.590.030.C.4 —Exempt timesharing, Review standards for exemption, shall
be amended as follows:
The conversion of any multi-family dwelling unit that meets the definition of residential multi-
family housing to timesharing shall comply with the provisions of Section 26.470.070(5),
Demolition or redevelopment of multi-family housing, even when there is no demolition of the
existing multi-family dwelling unit.
Section 14: Sec. 26.590.040, Timeshare Development—Procedure for review of timeshare
lodge development application, shall be amended as follows:
26.590.040. Procedure for review of timeshare lodge development application
All timesharing that is not eligible for an exemption shall be processed as follows:
[No changes to section A]
B. Detailed Planned Development Review. The Community Development Director may
determine that because a timeshare lodge development is a conversion of an existing building
or because of the limited extent of the issues involved in the proposal, the project can
proceed directly to a Detailed Review. The Community Development Director is also
authorized to waive certain submission requirements or review standards of the Planned
Development review procedures that are not applicable to a proposed timeshare
development.
C. Subdivision review. Timeshare lodge development shall also require subdivision approval.
Review of the subdivision application may be combined with Planned Development review, as
authorized by Subsection 26.304.060.13, Combined reviews.
[No changes to sections D - E]
Section 15: Sec. 26.590.050, Timeshare Development—Contents of application, shall be
amended as follows:
26.590.050. Contents of application
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Planned Development Nov. 18
Page 23 of 27
In addition to the general application information required in Section 26.304.030, Application
and fees and those application contents for Planned Development and subdivision, the
application for timeshare lodge development shall include the following information. It is
expected that this information will be provided in a preliminary manner during the Project
Review and in a precise manner during Detailed Review.
[No changes to sections A - H]
Section 16: Sec. 26.590.070, Timeshare Development—Review standards for timeshare lodge
development, shall be amended as follows:
26.590.070 Review standards for timeshare lodge development
An applicant for timeshare lodge development shall demonstrate compliance with each of the
following standards, as applicable to the proposed development. These standards are in addition
to those standards applicable to the review of the Planned Development and Subdivision
applications.
A. Fiscal impact analysis and mitigation. Any applicant proposing to convert an existing
lodge to a timeshare lodge development shall be required to demonstrate that the proposed
conversion will not have a negative tax consequence for the City. In order to demonstrate the tax
consequences of the proposed conversion, the applicant shall prepare a detailed fiscal impact
study as part of the Project Review application. The fiscal impact study shall contain at least the
following comparisons between the existing lodge operation and the proposed timeshare lodge
development:
[No changes to subsections 1-3]
B. Upgrading of existing projects. Any existing project that is proposed to be converted to a
timeshare lodge development shall be physically upgraded and modernized. The extent of the
upgrading that is to be accomplished shall be determined as part of the Project Review,
considering the condition of the existing facilities, with the intent being to make the development
compatible in character with surrounding properties and to extend the useful life of the building.
1. To the extent that it would be practical and reasonable, existing structures shall be
brought into compliance with the City's adopted Fire, Health and Building Codes.
2. No sale of any interest in a timeshare lodge development shall be closed until a
Certificate of Occupancy has been issued for the upgrading.
[No changes to Section C]
D. Affordable housing requirements.
1. Whenever a timeshare lodge development is required to provide affordable housing,
mitigation for the development shall be calculated by applying the standards of the City's
housing designee for lodge uses. The affordable housing requirement shall be calculated
Ordinance 36, Series 2013
Planned Development Nov. 18
Page 24 of 27
based on the maximum number of proposed lock out rooms in the development and shall
also take into account any retail, restaurant, conference or other functions proposed in the
lodge.
2. The conversion of any multi-family dwelling unit that meets the definition of residential
multi-family housing to timesharing shall comply with the provisions of Section
26.470.070(5), Demolition or redevelopment of multi-family housing, even when there is
no demolition of the existing multi-family dwelling unit.
[No changes to sections E-J]
Section 17: Sec. 26.590.090, Timeshare Development — Timeshare documents, shall be
amended as follows:
26.590.090. Timeshare documents
At the same time the applicant submits final development plans and a Development Agreement
to the City for recordation, pursuant to Section 26.490, Approval Documents, or submits the
necessary documents to record the subdivision exemption, the applicant shall also submit the
following timeshare documents in a form suitable for recording. The Community Development
Director may require the applicant to submit a draft version of these timeshare documents at the
time of submission of the Project Review.
[No changes to sections A-B]
Section 18: Sec. 26.710.230, Zone Districts—Academic, shall be amended as follows:
A. Purpose. The purpose of the Academic (A) Zone District is to establish lands for education
and cultural activities with attendant research, housing and administrative facilities. All
development in the Academic Zone District shall be in compliance with a Final Planned
Development approval granted pursuant to the provisions of Chapter 26.445, Planned
Development.
[No Changes to B—C]
D. Dimensional requirements. The dimensional requirements which shall apply to all
permitted and conditional uses in the Academic (A) Zone District shall be set by the adoption of
a Final Planned Development approval granted pursuant to the provisions of Chapter 26.445,
Planned Development.
Section 19: Sec. 26.710.240(D), Zone Districts—Park, shall be amended as follows:
D. Dimensional requirements. The dimensional requirements which shall apply to all
permitted and conditional uses in the Park (P) Zone District shall be set by the adoption of a
Final Planned Development approval granted pursuant to the provisions of Chapter 26.445,
Planned Development.
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Planned Development Nov. 18
Page 25 of 27
Section 20: Sec. 26.710.250(D), Zone Districts—Public, shall be amended as follows:
D. Dimensional requirements. The dimensional requirements which shall apply to all
permitted and conditional uses in the Public (PUB) Zone District shall be set by the adoption of a
Final Planned Development approval granted pursuant to the provisions of Chapter 26.445,
Planned Development.
Section 21: 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 22: Effect Upon Existing Projects under Review.
This ordinance shall not affect any existing project under review. Projects under review submitted
prior to the adoption this ordinance and which have not received a Development Order shall
proceed under the ordinances in effect at the time of application submission. The procedures and
standards of this ordinance shall only apply to projects submitted after the effective date of this
ordinance and shall not be applied, in whole or in part, to projects submitted prior to the effective
date of this ordinance.
Section 23: 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 24: 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 25:
A public hearing on this ordinance shall be held on the 23`d day of September, 2013, 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.
[signatures on flowing page]
Ordinance 36, Series 2013
Planned Development Nov. 18
Page 26 of 27
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 91" day of September, 2013.
Attest:
Kathryn S. Koc , City Clerk Steven Skadron, yor
FINALLY, adopted, passed and approved this % day of 12 2013.
Attest:
Kathryn S. i0ch, City Clerk Steven Skadr , Mayor
Approved as to form:
City Attorney
Ordinance 36, Series 2013
Planned Development Nov. 18
Page 27 of 27