Loading...
HomeMy WebLinkAboutordinance.council.027-02 ORDINANCE NO. 27 (SERIES OF 2002) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING TEXT AMENDMENTS THAT AMEND MUNICIPAL CODE SECTION 26.222, DESIGN REVIEW APPEALS COMMITTEE, SECTION 26.308, VESTED RIGHTS: SECTION 26.310, AMENDMENTS TO LAND USE CODE AND OFFICIAL ZONE DISTRICT MAP; SECTION 26.314. VARIANCES; SECTION 26.316, APPEALS; SECTION 26.425. CONDITIONAL USE; SECTION 26.430, SPECIAL REVIEW; SECTION 26.435, ENVIRONMENTALLY SENSITIVE AREA; SECTION 26.440, SPECIALLY PLANNED AREA; SECTION 26.445, PLANNED UNIT DEVELOPMENT; SECTION 26.450, TEMPORARY USE; SECTION 26.480, SUBDIVISION; SECTION 26.500. COWOP: SECTION 26.520. ACCESSORY DWELLING UNITS; SECTION 26.575, WIRELESS TELECOMMUNICATION FACILITIES AND EQUIPMENT: AMENDING THE PUBLIC NOTICING REQUIREMENTS FOR PUBLIC HEARINGS, CITY OF ASPEN. PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department proposed an applieation for an amendment to Title 26. the City of Aspen Land Use Code; and, ~ ' ~ WHEREAS, pursuant to Sections 26.310.040, City CoUncil, in accordlmc~ with the procedures, standards, and limitations of this Chapter, shall by Ordinance approge or deny a Code Amendment application for Amendment to the Land Use Q~de and OffiCial Zone District Map, after recommendation by the Community De3el0pment Depar~ent and the Planning and zoning Commission pursuant to Land Use 'Cod~ S'~i~)n 26.430.020: and, WHEREAS, the CommUnity Development Department initiated and reviewed an application for proposed code amendments to amend the public heating noticing requirements to require all land use public hearings, with the exception of minor HPC and GMQS applications, to be noticed in accordance with Land Use Code Section 26.304.060(E)(3)(a)(b)(c), Public Notice; pursuant to Land Use Code Section 26.310.040 and recommended approval; and, WHEREAS. during a duly noticed public hearing on JUne 18. 2002, the Planning and Zoning Commission approved Resolution No. 21, Series of 2002, by a slx to zero ~6- 0) vote, recommending that City Council approve code amendments to amend the publi~ heating noticing requirements to require all land use public hearings, with the excepti~TM of minor HPC and GMQS applications: to be noticed in accordance with Land Use Code Section 26.304.060(E)(3)(a)(b)(c), Public Notice; and, WHEREAS, the Aspen City Council has reviewed and considered the propoged code amendments under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council fmds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code. the Code Amendment application to amend the public hearing noticing requirements to require all public heatings, with the exception of minor HPC and GMQS applications, ro be noticed in accordance with Land Use Code Section 26.304.060(E)(3)(a)(b)(c) and to add clarifying language regarding the public noticing requirements for rezoning applications, is approved as noted in the following sections: Section 2: That Section 26.222.070(B) of the Aspen Municipal Code shall be amended to read as follows: Section 26.222.070(B) Meetings, hearings, and procedure. All meetings of the Design Review Appeals Committee shall be open to the public, and project sites for specific appeals shall be required to post the property at least fifteen (15) days prior to the public hearing before the Committee. Public hearings shall also require publication and mailing of notice pursuant to Section 26.304.060(E)(3)(a)(b)(c). Section 3: That Section 26.308.010(B)(1) of the Aspen Municipal Code shall be amended to read as follows: Section 26.308.010(B)(1) Exemption from expiration of Vested Rights. The City Council may by resolution at a public heating noticed by publication, mailing, and posting ?See Section 26.304.060(E)(3)(a)(b)(c)) approve an exemption of the expiration of vested rights m accordance with this Section. Only Subdivisions composed of detached residential or duplex units shall be eligible for the exemption from the expiration prowsions of Section 26.304.070(D). To obtain an ~xemption, an application for exemption shall be submitted at any time prior to/the third anniversary of the effective dare of the development order which ~hall demonstrate to the satisfaction of City Council that a. Those conditions applied to a project at the time of final approval that were to have been met as of the date of application for exemption have been complied with; and b. Any public, or private improvements that were required to be installed by the applicant prior to construction of any dwelling unit have been installed. Section 4: That Section 26.308.010(C) of the Aspen Municipal Code shall be amended to read as follows: Section 26.308.010(C) EXtension or Reinstatement of Vested Rights. The City Council may by resolution at a public heating noticed by publication, mailing, and posting (See Section 26.304.060(E)(3)(a)(b)(c)) approve an extension or reinstatement of expired vested fights or a revoked development order in accordance with this Section. 1. In reviewing a request for the extension or reinstatement of vested fights the City Council shall consider, but not limited to, the following criteria: a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement; b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the project; c. The nature and extent of any benefits already received by the City as a result of the project approval such as impact fees or land dedications; d. The needs of the City and the applicant that would be served by the approval of the extension or reinstatement request. 2. An extension or reinstatement may be in the form of a written agreement duly authorized and executed by the applicant and the City. Reasonable conditions may be imposed by the City Council including, but not limited to, compliance with any amendments to this title adopted subsequent to the effective date of the development order and associated vested fights. 3. If the request is for reinstatement of a revoked development order, the City Council shall determine the financial impacts of the investigation and may require the apPlicant to pay the reasonable costs of investigation, enforcement and reporting by City staff. Section 5: That Section 26.308.010(E) of the Aspen Municipal Code shall be amended to read as follows: 26.308.0100g) Revocation. The City council may by resolution at a public hearing nOticed by publicati°n, mailing to the applicant, and posting (See Section 26.304.060(E)(3)(a)(b)(c)) revoke a development order and associated vested rights upon a finding that: 1. The terms and conditions of the development order have not been met; or 2. The development order is void within the meaning of Section 26.104.050 Section 6: That Section 26.310.020(B) of the Aspen Municipal Code shall be amended to read as follows: 26.310.020(B) Amendments to the Land Use Code and Official Zone District Map: Procedure for amendment. Steps Required: Unless initiated by the City CoUncil in accordance with subsection C below, two steps are required: (a) a public hearing before the Planning and Zoning Commission, and (b) a public hearing before the City Council. 1. Step One - Public Hearing before Planning and Zoning Commission. a. Purpose: To determine if application meets standards for amendment to code text or official zone district map. b. Notice requirements for a privately initiated Amendment to the Official Zone District Map: Publication, Mailing, and Posting. (See Section 26.304.060(E)(3)(a)(b)(c)). Notice requirements for an Amendment to the Official Zone District Map initiated by the City: Publication, Mailing to property owners that are subject to the rezoning application at least fifteen (15) days prior to the public hearing. Notice requirements for an amendment to the Land Use Code: Publication pursuant to Section 26.304.060(E)(a). 2. Step Two - Public Hearing before City Council. a. Purpose: To determine if application meets standards for amendment to code text or official zone district map. b. Notice requirements for a privately initiated Amendment to the Official Zone District Map: Publication, Mailing, and Posting (See Section 26.304.060(E)(3)(a)(b)(c) in addition to the requisite notice requirements for adoption of an ordinance by City Council. Notice requirements for an Amendment to the Official Zone District Map initiated by the City: Publication, Mailing to property owners that are subject to the rezoning application at least fifteen (15) days prior to the public heating in addition to the requisite notice requirements for adoption of an ordinance by City Council. Notice requirements for an amendment to the Land Use Code: Publication pursuant to Section 26.304.060(E)(a) in addition to the requisite notice requirements for adoption of an ordinance by City Council. Section 7: That Section 26.314.040(B)(1) of the Aspen Municipal Code shall be amended to read as follows: 26.314.040(B)(1) Variances: Standards applicable to variances. In order to authorize a variance from the permitted uses of Title 26, the appropriate decision making body shall make a finding that all of the following circumstances exist: 1. Notice by publication, mailing and posting of the proposed variance has been provided to surrounding property owners in accordance with Section 26.304.060(E)(3)(a)(b)(c). Section 8: That Section 26.314.040(C) of the Aspen Municipal Code shall be amended to read as follows: 26.314.050(C) Variances: Procedure for variance approval. Steps Required. One step is required to review an application for a variance: A public heating before the appropriate decision making body. Notice requirements: Publication, Mailing and posting (See Section 26.304.060(E)(3)(a)(b)(c)). Section 9: That Section 26.425.050(C) of the Aspen Municipal Code Shall be amended to read as follows: 26.425.050{C) Conditional Use: Procedure for review. Notice requirements: P6blication, mailing and posting (See Section 26.304.060(E)(3)(a)(b) & (c)). Section 10: That Section 26.430.050(C) of the Aspen Municipal Code shall be amended to read as follows: 26.430.050{C) Special Review: Procedure for special review approval. Notice Requirements: Pfiblicati0n, mailing, and p0stihg (s~e Section 26.304.060(E)(3)(a)Co)(c)). Section 11: That Section 26.435.070(C) of the Aspen Municipal Code shall be amended to read as follows: 26.435.070(C) Environmentally Sensitive Area: Procedure for approval of development in ESA~ Notice Requirements: Publication, mailing, and posting (See Section 26.304.060(E)(3)(a)(b)(c). Section 12: That Section 26.440.040(C)(1)(b) of the Aspen Municipal Code shall be amended to read as follows: 26.440.040(C)(1)(b)~ SPA: Procedures for Review. Steps Required: Unless consolidated in acc6rdance ~ith subsegtion B above, four steps are required for the review and approval of an application for development within a Specially Planned Area (SPA): Step One - Public Hearing before the Planning and Zoning Commission. b. Notice requirements: Publication, mailing, and posting (See Section 26.304.060(E)(3)(a)(b)(c). Section 13: That Section 26.440.040(C)(2)(b) of the Aspen Municipal Code shall be amended to read as follows: Step Two - Public Hearing before City Council b. Notice requirements: Requisite notice requirements for adoption of a resolution by City Council and publication, posting and mailing. (See 26.304.060(E)(3)(a),(b), and (c). Section 14: That Section 26.440.040(C)(3)(b) of the Aspen Municipal Code shall be amended to read as follows: Step Three - Public Hearing before the Planning and Zoning Commission. b. Notice requirements: Publication, posting and mailing. (See 26.304.060(E)(3)(a),(b), and (c).) Section 15: That Section 26.440.040(C)(4)(b) of the Aspen Municipal Code shall be amended to read as follows: Step Four - Public Hearing before the City Council. b. Notice requirements: Requisite notice requirements for adoption of an ordinance by City Council and publication, posting and mailing. (See 26.304.060(E)(3)(a),(b), and (c)). Section 16: That Section 26.445.030(C) of the Aspen Municipal Code shall be amended to read as follows: 26.445.030(C) PUD: Procedures for Review. Steps Required: There are four steps required for the review of a pUD development plan. Consolidated and Minor PUD reviews require only steps three and four. Step One -- Conceptual Review before Planning and Zoning Commission. Purpose: To determine if appli~atinn meets standards for conceptual PUD. Notice requirements: Pubhcation, mailing, and posting (See Section 26.304:060(E)(3)(a)(b)(c) Standards of review: Section 26.445.050. P&Z action: Resolution recommending City Council approve, approve with conditions, or disapprove a conceptual development plan. Step Two -- Conceptual Review before City Council -- Public Hearing. Purpose: To review recommendations oithe Community Development Director and Planning and Zoning Commission and to determine if the application meets the standards for conceptual review of a PUD. Notice requirements: Requisite notice requirements for adoption of a resolution by City Council and publication, posting, and mailing. (See 26.304.060(E)(3)(a),(b), and (c).) Standards of review: Section 26.445.050. City Council action: Resolution approving, approving with conditions, or disapproving conceptual plan for PUD. Step Three -- Final Review before the Planning and Zoning Commission -- Public Hearing. Purpose: To review application for final development plan to determine if it meets the standards for a fmal PUD. Notice requirements: Publication, posting, and mailing. (See 26.304.060(E)(3) (a),(b), and ¢)3 Standards of review: Section 26.445.050. P&Z action: Resolution recommending City Council approve, approve with conditions, or disapprove a final development plan. The Commission may, by Resolution, approve, approve with conditions, or disapprove an amendment to a final development plan, pursuant to 26.445.100. Step Four -- Final Review before the City Council -- Public Hearing. Purpose: T~ review recommendations'by the Community Development Director and the Planning and Zoning Commission and to determine if application for final development plan meets the standards for a PUD. Notice requirements: Requisite notice requirements for adoption of an ordinance by City Council and publication, posting, and mailing. (See 26.304.060(E)(3)(a),(b), and (c).) Standards of review: Section 26.445.050 City Council action: Ordinance approving, approving with conditions, or disapproving the final PUD development plan. Section 17: That Section 26.450 of the Aspen Municipal Code shall be amended to read as follows: 26.450.060 Temporary Use: Procedure for temporary use approval. A development application for temporary use shall be iubmitt~d tO the Community Development. If the Community Development Director determines that the proposed temporary use is insubstantial in accordance with the criteria set forth at Sections 26.450.020 and 26,450:030, he may grant, or grant with conditions, the insubstantial temporary use. The Community Development Director may as part of the determination whether the temporary use is insubstantial, require the applicant to provide notice to surrounding property owners with the an opportunity to comment by a date certain. The form and method of such notice shall be in the sole discretion of the Community Development Director taking into account the nature of the temporary use and its potential impacts upon the immediate vicinity. If the Community Development Director determines that the proposed temporary use is not insubstantial, he shall forward same with comments and recommendations to City Council. City Council shall then after a public hearing approve, approve with conditions, or deny the application. The hearing before City Council shall be preceded by timely notice (publication, posting and mailing) as specified in Section 26.304.060(E)(3)(a)(b) and (c), and all hearings shall be conducted in accordance with the procedures set forth in Section 26.304.060(C) of this Title. Section 18: That Section 26.480(C)(1)(b) of the Aspen Municipal Code shall be amended to read as follows: 26.480.040(C)(1)(b) & SUbdivision: Procedures for review. Subdivisions S~ep One - Public Heating before Planning and Zoning Commission b. Notice requirements: Publication, posting and mailing. (See 26.52.060(E)(3)(a)(b)(c)). Section 19: That Section 26.480(C)(2)(b) of the Aspen MUnicipal Code shall be amended to read as follows: Step Two - Public Hearing before City Council. b. Notice requirements: Publication, mailing, and posting in addition to he requisite notice requirements for adoption of an ordinance bY City Council. Section 20: That section 26.500.050(A) of the Aspen Municipal Code shall be amended to read as follows: 26.500.050(A) COWOP: Procedure. Community Development Director A. Community Development Director. The Community Development Director, upon determining that the proposed development application may be eligible for consideration as a project reasonably necessary for the convenienoe or welfare of the public may consult with the Planning and ZOning Commission regarding the proposed development's eligibility and shall thereafter prepare a memorandum for the City Council that: (a) outlines the reasons for consideration as an eligible project; (b) sets forth the conclusions of any referral comments received by the Community Development Director, if any; (c) includes the procedures the applicant Would be required to follow if the project is determined not to be an eligible project; (d) includes a recommendation on the alternative procedure to be followed should the project be determined to be an eligible project; and (e) includes a recommendation as to the appropriate City boards and commissions and other interested parties necessary for the review of the project. The Community Development Director, before preparing such a memorandum for the City Council may convene a technical staff meeting consisting of the applicant, the applicant's representative, City staff members, consultantS, and any other persons for the purpose of identifying and resolving any potential issues associated with the provision of utilities and services, environmental constraints, site engineering, access and circulation, anticipated public concerns, and any other technical information which would assist the Community Development Director to prepare the initial memOrandum to the City Council. The Community Development Director shall formally notify the Planning and Zoning Commission, the Historic Preservation Commission, and, if applicable, the AspenJPitkin County Housing Authority, in writing, of the date of the hearing before the City Council at which time a determination is to be made concerning eligibility of the proposed development pursuant to this Chapter. The Community Development Director shall provide notice to the public, including publication, posting and mailing, in accordance with Section 26.304.060(E)(3)(a)(b)(c).) Section 21: That Section 26.500.050(E) of the Aspen Municipal Code shall be amended to read as follows: 26.500.050(E) COWOP: Procedure. City Council Adoption of Ordinance City Council upon receipt of the report and proposed ordinance from the Community Development Director shall approve, approve with conditions, or disapprove an ordinance granting a development order for the proposed development. The review shall be a public hearing for which notice has been published, posted, and mailed, pursuant to Section 26.30.060(E)(3)(a)(b)(c).) Section 22: That Section 26.520.080(D) of the Aspen Municipal Code shall be amended to read as follows: 26.520.080(D) Accessory Dwelling Units: Procedure Special Review An application requesting a variance from the ADU design standards, or an appeal of a determination made by the Community Development Director, shall be processed as a Special Review in accordance with the Common Development Review Procedure set forth in Section 26.304. The Special Review shall be considered at a public hearing for which notice has been published, posted and mailed, pursuant to Section 26.304.060(E)(3)(a)(b and c). Review is by the Planning and Zoning Commission. If the property is listed on the Aspen Inventory of Historic Landmark Sites and Structures or within a Historic Overlay District, and the application has been authorized for consolidation pursuant to Section 26.304, the Historic Preservation Commission shall consider the Special Review. A Special Review for an ADU may be approved, approved with conditions, or denied based on conformance with the folloWing criteria: 1. The proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose of the zone district in which it is proposed, and promotes the unit's general livability; and, 2. The proposed ADU is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance of the property; and, 3. The proposed ADU is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of on-street parking, availability of transit services, and walking proximity to employment and recreational opportunities. Section 23: That Section 26.316.020(B) of the Aspen Municipal Code shall be amended to read as follows: 26.316.020(B) Appeals: Authority B. City Council. The City COuncil shall have the authority to hear and decide the following appeals: 1. An interpretation to the text of this Title or the boundaries of the zone district map by the Community Development Director in accordance with Chapter 26.306. An appeal of this nature shall be a public meeting. 2. Any action by the Historic Preservation Commission in approving, approving with conditions, or disapproving a development apPlication for development in an "H,", Historic Overlay District pursuant to Chapter 26.415. An appeal of this nature shall be a public meeting. 3. The scoring determination or allocations of the Growth Management Commission pursuant to Chapter 26.470. An appeal of this nature shall be a public meeting. 4. Any other appeal for which specific authority is not granted to another board or commission as established by this Title. An appeal of this nature shall be a public meeting. Section 24: That Section 26.316.030(F) of the Aspen Municipal Code shall be amended to read as follows: 26.316.030(F} Appeal Procedures: Action by the deciSion-makin~ body hearin~ the appeal: The decision-making body hearing the appeal may reverse, affirm, or modify the decision or determination appealed from, and, if the decision is modified, shall be deemed to have all the powers of the officer, board or commission from whom the appeal is taken, inclUding the power to impose reasonable conditions to be complied with by the appellant. The decision shall be approved by written resolution. All appeals shall be public meetings. Section 25: This Ordinance shall not effect 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 construed and concluded under such prior ordinances. Section 26: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional ~n a court of competent jurisdiction, such portion shall be dec~aed a separate, distinct and independent provision and shall no] affect the validity of the remaining portions thereof. Section 27: A public heating on the ordinance shall be held on the 26th day of August, 2002, in the City Council Chambers, Aspen City Hall, Aspen. Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 22nd day of July, 2002. R~lel~ Ka~fl-Kl~ u~, I~l'~y(~r Attest: Kathryn S. ~6ch, City Clerk FINALLY, adopted, passed and approved by a five to zero (5-0) vote on this 26th day of August, 2002. Attest: Kathryn S. ~ch, City Clef Approved as to form: John'P. ~¢V~rcester, City ARorney