HomeMy WebLinkAboutordinance.council.011-15 ORDINANCE No. 11
(Series of 2015)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO
CHAPTER 26.500—DEVELOPMENT REASONABLY NECESSARY FOR THE
CONVENIENCE AND WELFARE OF THE PUBLIC 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 prepare an amendment to the Development Reasonably Necessary for the
Convenience and Welfare of the Public Chapter of the Land Use Code; 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 regarding the code amendment; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing
on March 16, 2015, the City Council approved Resolution No.31, Series of 2015, requesting code
amendments to the Development Reasonably Necessary for the Convenience and Welfare of the
Public Chapter of 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 Chapter 26.500 — Development
Reasonably Necessary for the Convenience and Welfare of the 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, during a duly noticed public hearing on April 27, 2015, continued to May
4, 2015, City Council approved Ordinance No. 11, Series of 2015, by a four to zero (4 — 0) vote;
and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare; and
Ordinance No. 11, Series of 2015
Code Amendment—Public Projects
Page 1 of 8
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1: Code Amendment Obiective
The objective of the proposed Land Use code amendment is to bring the Land Use Code into
compliance with State Statute regarding the review of projects submitted by public entities.
Section 2•
Aspen Land Use Code Chapter 26.500 in its entirety shall read as follows:
Chapter 26.500
PUBLIC PROJECTS
Sections:
26.500.010 Purpose
26.500.020 Authority
26.500.030 Applicability
26.500.040 Procedures for review
26.500.050 Advisory group
26.500.060 Timing requirements
26.500.070 General review standards
26.500.080 Application
26.500.090 Appeals
26.500.010 Purpose
It is the purpose of this Chapter to exempt certain types of development from applicable sections,
except as noted herein, of Title 26 and to establish an alternative process and standards for the
review, analysis and approval of those types of developments determined to be eligible for such
alternative review and analysis. The purpose in identifying and applying alternative review
standards for certain developments eligible for such treatment is to provide a more flexible,
streamlined, thorough and coordinated review of public projects or when it is determined by the
City Council to be in the best interests of the community to do so.
26.500.020 Authority
Public Project review of certain public and quasi-public projects is mandated by State law,
including but not limited to,-C.R.S. §31-23-209. As a home rule municipality organized and
operating under Article XX of the Colorado Constitution, the City of Aspen is vested with the
authority and power to exempt certain types of development from the Aspen Land Use Code,
Title 26 of the Aspen Municipal Code.
26.500.030 Applicability
This Chapter shall apply to any development proposed within city limits if the Applicant for
development is a governmental entity, quasi-municipal organization, or public agency providing
essential services to the public and which is in the best interests of the City to be completed. The
Community Development Director or City Council may authorize a private development to be
Ordinance No. 11, Series of 2015
Code Amendment—Public Projects
Page 2 of 8
reviewed as a Public Project pursuant to Section 26.500.040(D). By way of example and not
limitation, Public Project development shall include:
1. Affordable housing projects developed by the City, a governmental entity, a quasi-
municipal organization, or a public agency, by itself or in conjunction with an agent or
private developer.
2. Public buildings, structures, and facilities developed by the City, a governmental entity, a
quasi-municipal organization, or a public agency.
3. Park and recreational facilities development.
4. Development applications determined by the Community Development Director or City
Council, pursuant to Section 26.500.040(D), to support important community goals and
to be reasonably necessary for the convenience or welfare of the public. .
Routine maintenance and upgrades within the public right-of-way are exempt from this Chapter.
An application for development that is eligible for review as a Public Project is not required to be _
reviewed as a Public Project. The Applicant may elect to have their development proposal
reviewed according to the standard procedures set forth by the Land Use Code.
26.500.040 Procedures for review
The Community Development Director shall make a determination that the proposed
development application qualifies for Administrative, Minor, or Major Public Project Review.
The necessary steps for each type of review are outlined below:
A. Administrative Public Project Review. The following types of Public Projects may be
approved, approved with conditions, or denied by the Community Development Director:
1. Projects necessary to achieve compliance with building, fire, or accessibility codes on an existing
property or building; or
2. The addition of energy production systems or energy efficiency systems or equipment on an
existing property or building; or
3. Projects that do not change the use, character, or dimensions of the property or building, or
represent an insubstantial change to the use, character, or dimensions of the property or building.
The Community Development Director may seek advisory comments from the Historic Preservation
Commission, Planning & Zoning Commission, City Council, neighbors, or the general public as may be
appropriate.
The Community Development Director shall approve, approve with conditions, or deny an application for
Administrative Public.Project Review, based on the standards of review in Section 26.500.070, General
Review Standards.
B. Minor Public Project Review. An application for Public Project review that the Community
Development Director finds is generally consistent with the existing development, but does not qualify
for Administrative Public Project Review, shall qualify for Minor Public Project Review. City Council,
Ordinance No. 11, Series of 2015
Code Amendment—Public Projects
Page 3 of 8
during a duly noticed public hearing, shall approve, approve with conditions, or deny an application for
Minor Public Project Review, based on the standards of review in Section 26.500.070, General Review
Standards. The review process is as follows:
Step One—Public Hearing before City Council.
1. Purpose: To determine if the application meets the standards for Minor Public Project
Review.
2: Process: The City Council shall approve, approve with conditions or deny the proposed
development, after considering the recommendations of the Community Development
Director and comments and testimony from the public at a duly noticed public hearing.
3. Standards of review: The proposal shall comply with the review standards of Section
26.500.070.
4. Form of decision: City Council decision shall be by Ordinance.
5. Notice requirements: Posting, Mailing and Publication pursuant to Subparagraph
26.304.060.E.3, the requirements of Section 26.304.035 — Neighborhood Outreach as
applicable, and the requisite notice requirements for adoption of an ordinance by City
Council.
The Community Development Director may seek advisory comments from the Historic
Preservation Commission, Planning & Zoning Commission, neighbors, or the general public as
may be appropriate. ,
C. Major Public Project Review. An application for Public Project review that the Community
Development Director finds represents a significant change to the property shall qualify for Major Public
Project Review. City Council, during a duly noticed public hearing, shall approve, approve with
conditions, or deny an application for Major Public Project Review, based on the standards of review in
Section 26.500.070, General Review Standards. The review process is as follows:
Step One—Public Hearing before Planning & Zoning Commission or Historic Preservation
Commission.
1. Purpose: To determine if the application meets the standards for Minor Public Project Review.
2. Process: The Planning and Zoning Commission, or Historic Preservation Commission if the
property is designated or is located within a historic district, shall forward a recommendation of
approval, approval with conditions, or denial 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.
3. Standards of Review: The proposal shall comply with the review standards of Section
26.500.070. Private development projects authorized to be reviewed as Major Public Projects,
pursuant to Section 26.500.040(D), shall also be required to comply with the review standards of
Section 26.500.075.
4. Form of Decision: The Planning and Zoning Commission or Historic Preservation Commission
recommendation shall be by resolution.
5. Notice requirements: Posting, Mailing and Publication pursuant to Subparagraph 26.304.060.E.3
and the provisions of Section 26.304.035 —Neighborhood Outreach as applicable.
Ordinance No. 11, Series of 2015
Code Amendment—Public-Projects
Page 4 of 8
Step Two—Public Hearing before City Council.
1. Purpose: To determine if the application meets the standards for Major Public Project Review.
2. Process: The City Council shall approve, approve with conditions or deny the proposed
development, after considering recommendations of the Community Development Director, the
advisory group (if applicable), and comments and testimony from the public at a duly noticed
public hearing.
3. Standards of Review: The proposal shall comply with the review standards of Section
26.500.070. Private development projects authorized to be reviewed as Major Public
Projects, pursuant to Section 26.500.040(D) shall also be required to comply with. the
review standards of Section 26.500.075.
4. Form of decision: City Council decision shall be by Ordinance.
5. Notice Requirements: Posting, Mailing and Publication pursuant to Subparagraph
26.304.060.E.3, the requirements of Section 26.304.035 —Neighborhood Outreach as applicable,
and the requisite notice requirements for adoption of an ordinance by City Council.
D. Private Development Authorization. A private development,project that meets the established
thresholds for Administrative or Minor Public Projects and meets the criteria found in Section
26.500.040.D.3, may be authorized for Public Project review by the Community Development
Director. A private development project that does not meet the established thresholds for
Administrative or Minor Public Project Review may be reviewed as a Major Public Project, pursuant
to Section 26.500.040(C), only after authorization from City Council during a duly noticed public
hearing. The authorization process is as follows:
Step One—Public Hearing before City Council.
1. Purpose: To determine if the application is eligible for Public Project Review.
2. Process: The City Council shall authorize or deny authorization for the proposed private
development project to be reviewed as a Major Public Project, after considering
recommendations of the Community Development Director, and comments and testimony from
the public at a duly noticed public hearing.
3. Standards of Review: The proposal shall comply with the following review standards:
a. The proposed development would provide an essential service to the public.
b. The public project review process is in the best interest of the City to be
completed.
c. The proposed development furthers community goals as articulated in the Aspen
Area Community Plan, the Civic Master Plan, or other plans adopted by the City.
4. Form of decision: City Council decision shall be by Resolution.
5. Notice Requirements: Posting, Mailing and Publication pursuant to Subparagraph
26.304.060.E.3, the requirements of Section 26.304.035 — Neighborhood Outreach, and the
requisite notice requirements for adoption of a resolution by City Council.
6. Effect of Authorization: If City Council authorizes a private development to be reviewed as a
Major Public Project, it shall be subject to the review procedures of Section 26.500.040(C),
Major Private Projects, and shall be required to use an Advisory group as outlined in Section
26.500.050,Advisory Group.
Ordinance No. 11-1 Series of 2015
Code Amendment—Public Projects
Page 5 of 8
26.500. 050 Advisory Group
For Major Public Project Reviews, the Applicant may elect to have an advisory group review the
project prior,to public hearings. The members of the advisory group shall be appointed by the
City Manager and shall consist of members of City boards, commissions and other interested
parties (including at least two (2) members of the public at large) not already involved in the
review process outlined in Section 26.500.040(C). The chair of the advisory group shall be the
Community Development Director. The chair of the advisory group shall prepare meeting
agendas, coordinate meeting dates for the advisory group and facilitate all meetings. The
decision by the Applicant to create an advisory group shall constitute an agreement to extend the
timing of the review beyond that required in Section 26.500.060, Timing Requirements.
The advisory group shall meet and review the proposed development application prior to Section
26.500.040(C), Step One. The standards of review in Section 26.500.070, General Review
Standards shall be used as a guide.
Following a review of the proposed development and at such time as the Community
Development Director believes that further review by the advisory group would not significantly
improve the overall developmentproposal, the Community Development Director shall create a
report of the recommendations of the advisory group to forward to P&Z, or HPC, and City
Council. The Community Development Director's report shall include:
1. All of the land use decisions and approvals that would otherwise be required for the
proposed development.
2. A report of the deliberations and recommendations made by the advisory group.
3. A recommendation to approve, approve with conditions, or deny the proposed development.
26.500.060 Timing Requirements
Unless. an alternate timeframe is agreed upon between the Applicant and Community
Development Director, City Council shall approve, approve with conditions, or deny an
application for Public Project Review within sixty (60) days of the Community Development
Director's acceptance of a complete land use application. City projects and private development
projects authorized to be reviewed as Major Public Projects pursuant to Section 26.500.040(D)
shall not require a decision within sixty (60) days.
26.500.070 General Review Standards
The following review standards shall be used in review of any application for Public Projects:
1. The proposed project complies with the zone district limitations, or is otherwise
compatible with neighborhood context; and
2. The proposed project supports stated community goals; and
3. The proposed project complies with all other applicable requirements of the Land Use
Code; and
4. The proposed project receives all development allotments required by Chapter 26.470,
Growth Management Quota System.
26.500.075 Review standards for private development projects
The following review standards shall be used in review of any private development application
authorized to be reviewed as a Major Public Project:
Ordinance No. 11, Series of 2015
Code Amendment—Public Projects
Page 6 of 8
1. The proposed project meets all requirements of Chapter 26.470, Growth Management Quota
System, and Chapter 26.480, Subdivision.
2. The proposed development would provide an essential service to the public.
3. The proposed development is in the best interest of the City to be completed.
4. The proposed development furthers community goals as articulated in the Aspen Area
Community Plan,the Civic Master Plan, or other plans adopted by the City.
26.500.080 Application
An application for Public Projects Review shall include the following:
1. The general application information required in common development review procedures
set forth at Section 26.304.030.
2. Any documents required for recordation meeting the requirements of Chapter 26.490 —
Approval Documents.
3. Any additional materials, documentation or reports that would otherwise be required and
is deemed necessary by the Community Development Director.
26.500.090 Appeals
An applicant aggrieved by a decision made by the Community Development Director regarding
administration of this Chapter may appeal such decision to the City Council, pursuant to Chapter
26.316,Appeals. Other administrative remedy may be available pursuant to C.R.S. §31-23-209.
Section 3•
The Community Development Director is hereby authorized to correct any incorrect references
within the Land Use Code related to this Ordinance.Any scrivener's errors contained in the code
amendments herein, including but not limited to mislabeled subsections or titles, may be
corrected administratively following adoption of the Ordinance.
Section 4: 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 5: 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 6: 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.
Ordinance No. 11, Series of 2015
Code Amendment—Public Projects
Page 7 of 8
Section 7•
A public hearing on this ordinance shall be held on the 27`h day of April, 2015, 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 was
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 13`h day of April, 2015.
Attest: 1`
Ain$da Manning, City Clerk Steven Skadro , Mayor
FINALLY, adopted, passed and approved this day of VQ' , 2015.
A est:
W
Linda Manning, City lerk Steve` a r n Mayor
Approved as to form:
James R True,City Attorney
Ordinance No. 11, Series of 2015
Code Amendment—Public Projects
Page 8 of 8
gillC
Ad Name: 10955776A PUBLIC NOTICE
RE:AMENDMENT TO THE CITY OF ASPEN
Customer: Aspen (LEGALS) City of `AND USE CODE
NOTICE IS HEREBY GIVEN that a public hearing
Your account number: 1013028 will be held on Monday,March 9,2015,at a meet-
ing to begin at 5:00 p.m.before the Aspen City
Council,Council Chambers,City Hall,130 S.Gale-
na St.,Aspen,to determine if an amendment to the
text of the Land Use Code should be pursued. The
PROOF OF PUBLICATION potential amendment would modify the review pro-
cess of public agency projects. For further infor-
mation,
motion,contact Justin Barker at the City of Aspen
Community Development Department,130 S.Ga-
lena St.,Aspen,CO,(970)429-2797,justin.bark-
er@cityofaspen.com
s/Steven Skadron,Mayo21 AS1:1 T IM:: r
Aspen City Council ,
Pub20 511(10 55776) Aspen Times on February 19,
STATE OF COLORADO,
COUNTY OF PITKIN
I, Samantha Johnston, do solemnly swear that I am
General Manager of theASPEN 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 2/19/2015 and that the last publication of
said notice was in the issue of said newspaper dated
2/19/2015.
In witness whereof,I have here unto set my hand
this 02/24/2015.
Samantha J ofinston,General Manager
Subscribed and sworn to before me,a notary public
in and for the County of Garfield,State of Colorado
this 02/24/2015.
r PAMELAJ.
SCHULTZ
Pamela Notary Schultz,Nota Public
C
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My Commission111
yy 15 mComission expires:November 1,2015
Expires 11N1f10
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