HomeMy WebLinkAboutordinance.council.052-03ORDINANCE NO. 52,
(SERIES OF 2003)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AMENDMENTS TO
THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN MUNICIPAL
CODE: 26.104.100 - DEHNITIONS; 26.222 - DESIGN REVIEW APPEAL COMMISSION;
26.304 - COMMON DEVELOPMENT REVIEW PROCEDURES; 26.310 - AMENDMENTS
TO THE LAND USE CODE AND OFFICIAL ZONE DISTRICT MAP; 26.410 -
RESIDENTIAL DESIGN STANDARDS; 26.415 - DEVELOPMENT INVOLVING THE
ASPEN INVENTORY OF HISTORIC LANDMARK SITES AND STRUCTURES OR
DEVELOPMENT IN AN "H", HISTORIC OVERLAY DISTRICT; 26.430.030 - SPECIAL
REVIEW; 26.435.040 - STREAM MARGIN REVIEW; 26.575.150 - OUTDOOR LIGHTING;
26.575.130 - WIRELESS TELECOMMUNICATION SERVICES FACILITIES AND
EQUIPMENT.
WHEREAS, the Commumty Development Department proposed an application for an
amendment to Title 26 of the City of Aspen Municipal Code; and,
WHEREAS, pursuant to Section 26.310 of the Aspen Municipal Code, applications to amend
the text of Title 26 shall be reviewed and recommended for approval, approval with conditions, or
denial by the Community Development Department and then by the Planning and Zoning
Commission at a public heating. Final action shall be by the City Council after reviewing and
considering these recommendations; and,
WHEREAS, during a duly noticed public hearing on July 1, 2003, which was continued to
August 5, 2003 and later to September 2, 2003, the Planning and Zoning Commission heard the
recommendation of the Community Development Director, took public comment and recommended
approval of these amendments to the Aspen Land Use Code, by a six to zero (6 - 0) vote; and,
WHEREAS, The Planning and Zoning Commission finds that the amendments meet or
exceed all applicable development review standards and that the approval for the amendment is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City of Aspen City Council has reviewed and considered the Amendments
to the Land Use Code under the applicable provisions of the Municipal Code as identified, herein, has
reviewed and considered the recommendation of the Community Development Director, the Planning
and Zoning Commission, and has taken and considered public comment at a public hearing; and,
WHEREAS, the City of Aspen City Council finds that the application for the Amendment to the
Land Use Code meets or exceeds all applicable standards and that the approval of the Amendment to the
Land Use Code is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City of Aspen 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 ASPEN CITY COUNCIL AS FOLLOWS:
Section 1:
Section 26.104.100, Definitions, which section describes the meaning of terms used in the Land Use
Code, shall add the following terms and definitions:
Antenna: Any structure, including but not limited to a monopole, tower, parabolic and/or disk
shaped device in single Or multiple combinations of either solid or mesh construction, intended for the
purpose of receiving or transmitting communication to or from another antenna, device or orbiting
satellite, as well as supporting equipment necessary to install or mount the antenna.
Monopole: A wireless communication facility which consists of a monopolar su'ucture, erected to
support wireless telecommunication antennas and connecting appurtenances.
Whip antenna: A flexible rod antenna supported on a base insulator.
Panel antenna: A flat surface antenna used to achieve transmission or reception from a specific
direction.
Section 2:
That the entire Section 26.222 shall be removed.
Section 3:
Add Section 26.304.060 (F), as follows:
F. Re-submittal of a previously denied application.
After a final decision that results in the denial of a development application by the appropriate
final approving body, an applicant wishing to re-submit the same plan for approval:
May not submit the same development application, or one substantially the same, as
determined by the Community Development Director, for a period of one (1) year from the
date of the most recent ruling o£ denial; or
May submit a revised application that adequately addresses all of the stated reasons for denial.
The Community Development Director shall deten~ine whether a.) a new submittal
adequately addresses all of the stated reasons for denial and can proceed with a submittal; or,
b.) a new submittal is sufficiently enough altered from the project denied that it qualifies as a
new application for a different project. In either scenario, such application shall be treated as
a new application for purposes of review and scheduling.
Section 4:
That Section 26.310.085 (Amendments to the Official Zone District Mapsl shall be added as follows:
26.310.085 Disputes about zoning of a property.
In cases where there is a dispute as to the correct zoning of a property, the ordinance
approving or establishing the zoning shall be the final authority and not the official zone district
map.
Section 5:
That Section 26.410.020 (D) shall be amended as follows:
C. Variances. Variances from the Residential Design Standards, Section 26.410.040, may be
granted by the Planning and Zoning Commission, the Board of Adjustment or the Historic
Preservation Commission, if the project is subject to the requirements of Section 26.415. An
applicant who desires to consolidate other requisite land use reviews by the Historic Preservation
Commission, the Board of Adjustment or the Planning and Zoning Commission may elect to have
the variance application decided by the board or commission reviewing the other land use
application. An applicant who desires a variance from the Residential Design Standards shall
demonstrate, and the deciding board shall find that the variance, if granted, would:
1. Provide an appropriate design or pattern of development considering the context in which the
development is proposed and the purpose of the particular standard. In evaluating the context
as it is used in the criteria, the reviewing board may consider the relationship of the proposed
development with adjacent structures, the immediate neighborhood setting, or a broader
vicinity as the board feels is necessary to determine if the exception is warranted; or,
2. Be clearly necessary for reasons of fairness related to unusual site-specific constraints.
Section 6:
That Section 26.410.040 (C) (1) shall be amended as follows:
C. PARKING, GARAGES AND CARPORTS. The intent of the following parking, garages,
and carport standards is to minimize the potential for conflicts between pedestrian and
automobile traffic by placing parking, garages, and carports on alleys, or to minimize the
presence of garages and carports as a lifeless part of the streetscape where alleys do not exist.
1. For all residential that have access from an alley or private road, the following standards shall
apply:
a. Parking, garages, and
carports shall be accessed
from an alley or private road.
b. If the garage doors are visible
from a public street or alley, then
they shall be single-stall doors, or
double-stall doors designed to appear
like single-stall doors.
c. If the garage doors are not visible
from a public street or alley, the garage
doors may be either single stall or normal
double stall garage doors.
Section 7:
That Section 26.410.040 (C)(2) and (C)(2)(f.) shall be amended as follows:
2. For all residential uses that have access only from a public street, the following standards
shall apply:
b. The garage doors shall
be single-stall doors, unless
the garage doors are not visible
from any public street or alley, in
which case the garage doors may be
either single-stall doors or normal
double stall doors.
Section 8:
That Section 26.410.040 (D) (2) shall be amended as follows:
2. First story element. All residential buildings shall have a first-story street-facing element the
width of which comprises at least twenty (20) percent of the building's overall width and the
depth of which is at least six (6) feet from the wall the first-story element is projecting from.
Assuming that the first story element includes interior living space, the height of the first story
element shall not exceed ten (10) feet, as measured to the plate height. A first-story element may
be a porch or living space. Accessible space (whether it is a deck, porch, or enclosed area) shall
not be allowed over the first story element, however, accessible space over the remaining first
story elements on the front fagade shall not be precluded.
Section 9:
That Section 26.415.110 (E.) (3) (Development of Historic Landmark Site and Structures) shall be
amended as follows:
3. The decision to grant a Floor Area Bonus for Major Development projects will occur as part of
the approval of a Conceptual Development Plan, pursuant to Section 26.415.070(D). The Floor
Area Bonus may also be approved as part of a Historic Landmark Lot Split review. No
development application that includes a request for a Floor Area Bonus may be submitted until
after the applicant has met with the HPC in a work session to discuss how the proposal might
meet the bonus considerations.
Section 10:
That Section 26.415.120 (D) (Development of Historic Landmark Site and Structures) shall be amended
as follows:
D. City Council action on appeal or call up. The City Council shall consider the application on the
record established before the HPC. The City Council shall affirm the decision of the HPC unless
there is a finding that there was a denial of due process, or the HPC has exceeded its jurisdiction or
abused its discretion. The City Council shall take such action as is deemed necessary to remedy said
. situation, including, but not limited to:
1. Reversing the decision.
2. Altering the conditions of approval.
3. Remanding the application to the HPC for rehearing.
Section 11:
That Section 26.430.030 Applicability (Special Review) shall be amended as follows:
26.430.030 Applicability.
Special review shall apply to all development in the City of Aspen designated for special
review by the following Chapters or Sections of this Title:
· Dimensional requirements (Chapter 26.710 - Zone Districts),
· Replacement of non-conforming structures (Chapter 26.312),
· Reduction of open space requirements in CC zone district (Section 575.030(B)),
· Off-street parking requirements (Section 26.515.040),
· Reductions in the dimensions of utility/trash service areas (Section 26.575.060),
· Subdivision standards (Section 26.480.050),
· Accessory Dwelling Unit Design Standards (Section 26.520),
· Wireless Telecommunications facilities and/or equipment (Section 26.575.130)
Section 12:
That Section 26.430.040 Review Standards for Special Review shall be amended as follows:
Wireless Telecommunications facilities and/or equipment. Whenever a special review is
conducted to appeal the decision of the Community Development Director regarding a
proposed wireless telecommunications service facility or equipment or to determine a
proposed increase in the allowed height of a wireless telecommunications facility and/or
equipment, it shall be considered in accordance with the standards set forth in Section
26.575.130(C)(6) (Wireless Telecommunication services facilities and equipment)
Section 13:
That Section 26.435.040 (C) shall be amended as follows:
C. Stream Margin Review Standards. No developmem shall be permitted within the Stream
Margin of the Roaring Fork River unless the Community Development Director makes a
determination that the proposed development complies with all requirements set forth below:
Section 14:
That Section 26.575.130 (C) Procedure (Wireless Telecommunications) shall be amended as follows:
C. Procedure.
1. General
Pursuant to Section 26.304.020. the applicant shall conduct a pre-application conference with
staff of the Community Development Department. The planner shall then prepare a pre-
application summary describing the submission requirements and any other pertinent land use
material, the fees associated with the review(s), and the review process in general.
2. Administrative Review.
After the pre-application summary is received by the applicant, said applicam shall prepare an
application for review and approval by staff and the Community Development Director,
respectively. In order to proceed with additional land use reviews or obtain a Development
Order, the Community Development Director shall find the submitted development application
consistent with the provisions, requirements and standards of this Chapter.
3. Appeal of Director's Determination.
The Community Development Director may apply reasonable conditions to the approval as
deemed necessary to insure conformance with applicable review criteria in Section 26.575.130
(F.). If the Community Development Director determines that the proposed wireless
telecommunication services facilities and equipment does not comply with the review criteria and
denies the application, or the applicant does not agree to the conditions of approval determined by
the Community Development Director, the applicant may apply for Special Review (Section
26.430) by the Planning and Zorfing Commission or, if applicable, by the City's Historic
Preservation Commission and such application must be made within fifteen (15) calendar days of
the day on which the Community Development Director's decision is rendered. All appeals shall
require public hearings, and shall be noticed by the applicant in accordance with Section
26.304.060(E)(3)(a), (b), and (c) of the Municipal Code.
4. Historic Preservation Commission Review.
Proposals for the location of wireless telecommunication services facilities or equipment on
any historic site or structure, or within any historic district shall be reviewed by the City's
Historic Preservation Commission (HPC). Review of applications for wireless telecommunication
services facilities and/or equipment by the HPC shall replace the need for review by the
Community Development Director. Likewise, if the Historic Preservation Commission
determines that the proposed wireless telecommunication services facilities and equipment does
not comply with the review criteria and denies the application, or the applicant does not agree to
the conditions of approval determined by the Historic Preservation Commission, the applicant
may appeal the decision to the City Council and such appeal must be filed within fifteen (15)
calendar days of the day on which the Historic Preservation Commission's decision is rendered.
All appeals shall require public hearings, and shall be noticed by the applicant in accordance with
Section 26.304.060(E)(3)(a), (b), and (c) of the Municipal Code.
5. Building Permit.
A building permit application cannot be filed unless and until final land use approval has been
granted and a Development Order has been issued. When applying for building permit(s), the
applicant shall submit a signed letter acknowledging receipt of the decision granting land use
approval and his/her agreement with all conditions of approval, as well as a copy of the signed
document granting the land use approval for the subject building permit application.
6. Special Review.
An application requesting a variance from the review standards for height of wireless
telecommunications service facilities and/or equipment, 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 Procedures set forth in Section 26.304. The Special
Review shall be considered at a public heating for which notice has been posted and mailed,
pursuant to Section 26.304.060(E)(3)(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.
Such Special Review may be approved, approved with conditions, or denied based on
conformance with the following criteria:
1. Conformance with the applicable Revie~v Standards of Section 26.575.130(F).
If the facility or equipment is located on property listed on the Aspen Inventory of Histor/c
Landmark Sites and Structures or within any historic district, then the applicable standards of
Chapter 26.415 (Development Involving the Inventory of Historic Sites and Structures or which
occurs in an "H" Historic Overlay District) shall apply.
Section 15:
That Section 26.575.130 (F) (2) Review Standards (Wireless Telecommunications - Height) shall be
amended as follows:
2. Height. The following restrictions shall apply:
a. Wireless telecommunication services facilities and/or equipment not attached to a
building shall not exceed thirty-five (35) feet in height or the maximum permissible
height of the given zone district, whichever is more restrictive.
b. Whenever a wireless telecommunication services antenna is attached to a building
roof, the antenna and support system for panel antennas shall not exceed five (5) feet
above the highest portion of that roof, including parapet walls, and the antenna and
support system for whip antennas shall not exceed ten (10) feet above the highest portion
of that roof, including parapet ~valls.
c. The Community Development Director may approve a taller antenna height than
stipulated above in (b.) if it is their determination that it is suitably camouflaged, in which
case an administrative approval may be granted.
d. If the Community Development Director determines that an antenna taller than
supulated above in (b.) cannot be suitably camouflaged, then the additional height of the
antenna shall be reviewed pursuant to the process and standards (m addition to the
standards of this Section) of Section 26.430 (Special Review).
e. Support and/or switching equipment shall be located inside the building, unless it can
be fully screened from view as provided in the "Screening" standards (26.475.130 and
26.575.130 (F)(5)) below.
Section 16:
Section 26.575.150 (E)(a-b) Non-Residential Lighting (Outdoor Lighting), shall be amended
as follows:
E. Non-Residential Lighting Standards. The following lighting standards shall be
applicable to all non-residential properties including mixed uses:
(a)
Outdoor lighting used to illuminate parking spaces, driveways, maneuvering
areas, or buildings shall conform to the definition for "fully shielded light
fixtures" and be designed, arranged and screened so that the point light source
shall nor be visible from adjoining lots or streets. No portion of the bulb or
direcl lanap image may be visible beyond a distance equal to or greater than
twice the mounting height of the fixture. For example, for a fixture with a
mounting height of twelve (12) feet, no portion of the bulb or direct lamp
image may be visible from twenty-four (24) feet away in any direction. The
light level shall not exceed l0 foot-candles as measured three feet above
finished grade. Exemptions may be requested for areas with high commercial,
pedestrian, or vehicular activity up to a maximum of 20 foot-candles.
(b) Outdoor lighting shall be 12 ft. or less in height unless it meets one of the
following criteria:
· The lighting is fully shielded and the point light source is not visible
beyond the boundaries of the property in which it is located; or
· The lighting is otherwise approved in Section 27.575.150 (K).
Section 17:
That Section 26.575.150 (F)(a-c) Residential Lighting (Outdoor Lighting), shall be amended
as follows:
F. Residential Lighting Standards. The following lighting standards shall be
applicable to residential properties:
(a.) Outdoor lighting shall be 12 ft. or less in height unless it meets on of the
following criteria:
· The lighting is used to illuminate above grade decks or balconies, is
fully shielded, and the point light source is not visible beyond the
boundaries of the property in which it is located; or,
· The lighting is fully recessed into a roof soffit, fully shielded, and is not
visible beyond the boundaries of the property in which it is located; or,
· The lighting is otherwise approved in Section 27.575.150 (K):
(b.) Outdoor lighting with HID light sources in excess of 35 watts (bulb or lamp)
shall be prohibited. In addition, incandescent light sources including
halogen shall not exceed 50 watts.
(c.)
All light sources that are not fully shielded shall use material other than a
clear lens material to enclose the light source. The point light source shall
not be visible from adjacent properties.
Section 18:
That Section 26.575.150 (G) Street Lighting Standards (Outdoor Lighting) shall be
amended as follows:
G. Reserved.
Section 19:
That Section 26.575.150 (H) (2) Exemptions (Outdoor Lighting) shall be amended as
follows:
2. Municipal Lighting. Municipal lighting installed for the benefit of public health,
safety, and welfare, including but not limited to traffic control devices,
streetlights, and construction lighting.
Section 20:
That Section 26.575.150 (K) Review Standards (Outdoor Lighting) shall be amended as
follows:
K. Review Standards.
1. Height. Outdoor residential and conm~ercial lighting shall be twelve (12) feet or less
abOve glade in height. Special review by the Planning and Zoning Commission may
allow lighting of a greater height under the following circumstances:
a.) A fixture at a greater height is required due to safety, building design, or
extenuating circumstances in which case the light shall be fully shielded with
a non adjustable mounting; or
b.) Lighting for commercial parking and vehicle circulation areas may have a
maximum height of 20 feet above grade and shall be fully shielded
Section 21:
This Resolution 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 conducted and concluded
under such prior ordinances.
Section 22:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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 23:
A public hearing on this ordinance will be held Monday, November 10, 2003, at 5:00
p.m. in the City Council Chamber, 130 South Galena.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen On this 14~ day of October, 2003.
ATTEST:
kathryn Koch~(2lty Clerk
FINALLY adopted, passed and approved this l0th day of November 2003.
AT,ST:
Kathryn Ko~/~ity Clerk
Approved as to form:
~h'~or c e~r: Cit-y-Att o~ey