HomeMy WebLinkAboutordinance.council.002-14 ORDINANCE No. 2
(Series of 2014)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO
CHAPTER 26.470—GROWTH MANAGEMENT QUOTA SYSTEM, OF THE CITY OF
ASPEN LAND USE CODE.
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 craft a code amendment to eliminate the twice yearly submission deadlines in
the Growth Management Code s; 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 City Council regarding the code amendment; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing
on January 13, 2014, the City Council directed staff to draft a code amendment that would
eliminate the twice yearly submission deadlines in the growth management code; and,
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to the City of Aspen Land Use Code Section 26.470; 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 l: Code Amendment Objective
The objective of the proposed code amendments is to eliminate the February 15th and August 15th
submission deadlines for growth management applications, and instead allow rolling submissions
all year long. This Code amendment shall apply to all applications made in the 2014 growth
management year.
RECEPTION#: 610191, 05/09/2014 at
10:06:30 AM,
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Section 2: _Section 26.470.030.D, subsection "Annual allotment", shall-be-amended as follows:
Annual allotment. The annual allotment reflects each year's potential growth within the City,
applied to each type of land use. The annual allotment may be reduced if multi-year allotments
are granted by the City Council. The following annual allotments are hereby established:
Development Type Annual Allotment
Residential —Free-Market 18 units
Commercial 33,300 net leasable square
feet
Residential Affordable No annual limit
Housing
Lodging 112 pillows
Essential public facility No annual limit
Allotments shall be considered not granted upon denial of the project and completion of any
appeals. Allotments shall be considered vacated by a property owner upon written notification
from the property owner.
[All other portions of Section 26.470.030.D remain unchanged]
Section 3: Section 26.470.030.E, Available allotment in each of two (2) annual application
sessions, shall be deleted. All subsequent sections shall be renumbered as follows:
Section F becomes Section E
Section 4: Section 26.470.070, Minor Planning and Zoning Commission applications, shall be
renamed to "Planning and Zoning Commission applications," and all references to "Minor
Planning and Zoning Commission applications" are hereby renamed "Planning and Zoning
Commission applications."
Section 5: Section 26.470.080, Major Planning and Zoning Commission applications, is deleted
and the five subsections are moved to Section 26.470.070, Planning and Zoning Commission
applications. Subsections 1-5 that are being moved from 26.470.080 to 26.470.070 shall be
renumbered as follows:
6. Expansion or new commercial development.
7. New free-market residential units within a multi-family or mixed-use project.
8. Lodge development.
9. Residential development– sixty percent (60%) affordable.
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10. Residential development—seventy percent (70%) affordable.
Section 6: Section 26.470.110.B, Growth management review procedures, Application review
procedures—administrative review applications, minor P&Z review application and City Council
review applications, shall be amended as follows:
B. Application review procedures
1. Application submission dates. An application for growth management allocation may be
submitted to the Community Development Director on any date of the year.
2. Administrative applications. Growth management applications for Community
Development Director review shall be submitted to the Community Development
Director who shall, based on the applicable standards identified in Section 26.470.060,
approve, approve with conditions or disapprove the application.
3. Planning and Zoning Commission applications. Growth management applications for
Planning and Zoning Commission review shall be reviewed by the Community
Development Director, who shall forward a recommendation to the Planning and Zoning
Commission, based on the applicable standards identified in Section 26.470.070, that the
application be approved, approved with conditions or disapproved.
The Planning and Zoning Commission shall review the application according to the
applicable standards, consider the recommendation of the Community Development
Director and, during a public hearing, adopt a resolution approving, approving with
conditions or disapproving the application. Notice of the hearing shall be by publication,
posting and mailing, pursuant to Subsection 26.304.060.E.
4. City Council applications. Growth management review applications for City Council
review shall be submitted to the Community Development Director, who shall forward a
recommendation to the Planning and Zoning Commission, based on the applicable
standards identified in Section 26.470.090, that the application be approved, approved
with conditions or disapproved.
The Planning and Zoning Commission shall review the application during a public
hearing according to the applicable standards and, by resolution, recommend to City
Council that the application be approved, approved with conditions or disapproved.
Notice of the hearing shall be by publication, posting and mailing, pursuant to Subsection
26.304.060.E.
City Council shall review the application according to the applicable standards, consider
the recommendation of the Planning and Zoning Commission, the recommendation of the
Community Development Director and, during a public hearing, adopt an ordinance
approving, approving with conditions or disapproving the application. Notice of the
hearing shall be by publication, posting and mailing, pursuant to Subsection
26.304.060.E.
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City Council review applications that require major Planning and Zoning Commission
review shall be reviewed pursuant to the process outlined in Subsection 26.470.110.C.
Section 7: Section 26.470.110.C, Growth management review procedures, Application review
procedures — major Planning and Zoning Commission review, shall be deleted. All subsequent
sections shall be renumbered as follows:
Section D becomes Section C
Section E becomes Section D
Section F becomes Section E
Section 8: Section 26.470.110.F.10 (renumbered to 26.470.110.E.10) shall be deleted.
Section 9: Section 26.470.120, Community objective scoring criteria, shall be deleted.
Section 10: Section 26.470.150.A Appeals — Appeals of community objective scoring, shall be
deleted. All subsequent sections shall be renumbered as follows:
Section B becomes Section A
Section C becomes Section B
Section D becomes Section C
Section 11: 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 12: 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 13: 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 14:
A public hearing on this ordinance shall be held on the 10`" day of February, 2014, 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 27th day of January, 2014.
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i
Attest:
Kathryn S. K City Clerk Steven Ska ron,Mayor
FINALLY, adopted, passed and approved this 10th day of February,2014.
Attes .
C-
athryn S. Kd , City Clerk Steven Sk�dr ayor
Approved as to form:
l-`"City Attorney
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CITY OF ASPEN
COMMUNITY DEVELOPMENT DEPARTMENT
ORDINANCE CLARIFICATION
JURISDICTION: City of Aspen
RE: Ordinance 2, Series 2014
WRITTEN BY: Jessica Garrow, Long Range Planner
APPROVED BY: Chris Bendon, Community Development
Director
to
DATE: it
COPIES TO: City Attorney
SUMMARY:
This document clarifies the intent of Ordinance 2, Series 2014, which amended the City's
Growth Management Code. The code amendment objective was to "eliminate the February 15th
and August 15th submission deadlines for growth management applications, and instead allow
rolling submissions all year long." No other substantive changes were included in the
amendment.
In the writing of the amendment, a scriveners error was made that unintentionally eliminated the
requirement for applications to receive growth management allotments.
Administrative Clarification to Ordinance 2, Series 2014
All growth management applications that were considered "Major Planning and Zoning
Commission Applications" are required to receive growth management allotments. The effect of
this clarification is that subsections 26.470.070(6-10) are required to receive allotments as part of
their application. The following language shall be added to Section 26.470.070, Planning and
Zoning Commission applications, to clarify this scriveners error: "Growth Management
approvals for Subsections 26.470.080(6-10) shall be deducted from the respective annual
development allotments."
Ad Name: 9896623A LEGAL NOTICE
RING
Customer: Aspen (LEGALS) City of Ordinance#2NSerie's ofd 014 was adopPUBC ted on first
reading at the City Council meeting January 27,
Your account number: 1013028 2014. This ordinance,if adopted,will adopt a code
amendment regarding growth management quota
system.The public hearing on this ordinance is
scheduled for February 10,2014 at 5:00 p.m.City
Hall,130 South Galena.
PROOF OF PUBLICATION To see the entire text,go to the city's legal notice
website
httpp:/A w.aspenpitkin.com/Departments/Clerk/Le-
ral-Notices/
you would like a copy FAXed or e-mailed to you,
call the city clerk's office,429-2687
30Pub2014lished
in the Aspen Times Weekly on January TIME:
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 1/30/2014 and that the last publication of
said notice was in the issue of said newspaper dated
1/30/2014.
In witness whereof,I have here unto set my hand
this 02/03/2014.
Jim Morgan,Gener Manager
Subscribed and sworn to before me,a notary public
in and for the County of Garfield,State of Colorado
this 02/03/2014.
►►�- 9
Pamela J. Schultz,Notary Public
Commission expires:November 1,2015
PAMELAJ.
SCHULTZ
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