HomeMy WebLinkAboutordinance.council.009-15 ORDINANCE No. 9
(Series of 2015)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO
THE CITY OF ASPEN LAND USE CODE LIMITING DIMENSIONAL AND OTHER
VARIATIONS.
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 amendments to the Land Use Code to limit the ability to ask for certain
dimensional and other variations; 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 January 26, 2015, the City Council approved Resolution No.13, Series of 2015, requesting code
amendments to 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; 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, clarifying the land use review process is identified in the 2012 Aspen Area
Community Plan as an important city policy and goal; and,
WHEREAS, the City Council finds that this Resolution implements the City's goals as
articulated in the 2012 Aspen Area Community Plan; 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:
Code Amendment—Limits on Variations
Ordinance 9, Series 2015
Page 1 of 5
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Section 1: Chapter 26.470.110(A) — Growth management review procedures, General, shall be
amended as follows:
[Subsections I — 10 shall be unchanged]
11. No reduction in mitigation requirements. Notwithstanding Section 26.470.090(4), Essential
Public Facilities, an applicant may not request a reduction in the mitigation requirements of this
Chapter. Properties requesting historic designation pursuant to Chapter 26.415, Historic
Preservation, shall be exempt from this provision, provided, however, that any reduction is
reviewed and approved by City Council.
Section 2: Chapter 26.445.030(B) — Planned Development, Scope and Limitations of Project
Review, shall be amended as follows:
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.
Variations to the allowed maximum height are limited to no more than two (2) feet above what is
permitted in the underlying zone district. Variations to the total maximum floor area are limited
to no more than five-percent (5%) above what is permitted in the underlying zone district.
Single Family, Duplex, and Multi-Family (as a sole use) uses shall be exempt from this
provision. -
Section 3: Chapter 26.445.050 — Planned Development, Project Review Standards, shall be
amended to add Section J, Height and Floor Area Variations, as follows:
[Sections A —I shall be unchanged]
J. Height and Floor Area Variations. Variations to allowed height and floor area shall be
subject to the following review criteria:
1. The proposed increase is necessary to address unique natural or man-made site
characteristics, such as topographical conditions, historic resources, or other natural
features; or
2. The proposed increase enables innovative design solutions or furthers stated community
goals.
Section 4: All references within Chapter 26.470, Growth Management Quota System, to
Subsection 26.470.080.2 shall be renumbered to Subsection 26.470.070.7. Similarly, references
to 26.470.080(6-10) shall be renumbered to 26.470.070(6-10).
Section 5: Chapter 26.445.030(B)(1)(e) —Planned Development, Planned Development Review,
Step One Project Review before the Planning and Zoning Commission (or Historic Preservation
Code Amendment—Limits on Variations
Ordinance 9, Series 2015
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1
Commission, as applicable), Notice requirements, shall be amended as follows:
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 that are not otherwise allowed in the underlying zone district 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
[ p ]
Section 6: Chapter 26.445.030(B)(2)(e) —.Planned Development, Planned Development Review,
Step Two Project Review before City Council, Notice requirements, shall be amended as follows:
d. 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
that are not otherwise allowed in the underlying zone district 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.
Section 7: Chapter 26.445.080(A)(5) — Planned Development, Application contents, shall be
amended as follows:
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 planned
development. 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,
Code Amendment—Limits on Variations
Ordinance 9, Series 2015
Page 3 of 5
the application must demonstrate compliance with the State Adequate Water Supply Act.
(Colo. Revised Statutes 29-20-301, et seq.).
Section 8: Chapter 26.445.110(E)—Planned Development, Amendments, Minor Amendment to a
Detailed Review approval, shall be amended as follows:
E. 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
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 or the Historic Preservation Commission as applicable,
pursuant to 26.445.040.B.3 — Step Three.
Section 9: Chapter 26.445.110(G) — Planned Development, Amendments, Amendment
Conditions, shall be amended as follows:
G. Amendment Conditions. During the review of a proposed amendment, the Community
Development Director, the Planning and Zoning Commission, the Historic Preservation
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.
Section 10: 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 11: 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 12: 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 13•
A public hearing on this ordinance was held on the 9th day of March, at a meeting of the Aspen City
Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado,
Code Amendment—Limits on Variations
Ordinance 9, Series 2015
Page 4 of 5
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 asp rovided by law, by the City Council
of the City of Aspen on the 23rd day of February, 2015.
A st:
inda Manning,tity Clerk Steven Ska dron,Mayor
FINALLY,adopted,passed Id approved this 16'h day of March,2015.
A ' st:.
mda Manning, City Clerk Steven Skadron, ayor
Approved as to form:-
.
ames R. True, City Attorney
Code Amendment—Limits on Variations
Ordinance 9, Series 2015
Page 5 of 5
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Ad Name: 10955753A RE:AMENDMENBT TIO THECITYOF ASPEN r'r/`�`J
Customer: Aspen (LEGALS) City of LAND USE CODE
NOTICE HEREBYMthat a public hearing
Your account number: 1013028
will be heldld on Monday,y,March 9,2015,ata 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 consider an amendment to the
PROOF OF PUBLICATION text the nand Use Code to place limitations on
variations and to establish the Planning&Zoning
Commission as the Board of Adjustment. For fur-
ther information,contact Sara Adams at the City of
Aspen Community Development Department,
S. Galena St., Aspen,CO, (970)429.2780,80,
TIE A:?1K TIM11 jessica.garrow@cityofaspen.com J
s/Steven Skadron.Mayo
Aspen City Council
Published in the Aspen Times on February 19,
STATE OF COLORADO, 2015(10955753)
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 Jo nston,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.
(may.pp
6
PAMELA J....
SCHULTZ
•..,,, Pamela J. Schultz,Notary Public
�C01yy Commissionexpires:November 1,2015
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