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HomeMy WebLinkAboutordinance.council.025-71RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. c~'~ (Series of 1971) AN ORDINANCE AMENDING TITLE XI OF THE MUNICIPAL CODE OF THE CITY OF ASPEN BY ADDING SECTION 11 OF CHAPTER 1, ENTITLED "PUD PLANNED UNIT DEVELOPMENT", PROVIDING FOR THE ESTABLISHMENT OF RESIDENTIAL PLANNED UNIT DEVELOPMENT (R-PUD DISTRICT); REPEALING AND DELETING R-PC RESIDENTIAL PLANNED COMMUNITY COMBINING AREA DISTRICTS FROM SUBSECTION (A) OF SECTION 3, CHAPTER 1 OF TITLE XI, AND REPEALING SUBSECTION (D) OF SECTION 5, CHAPTER 1 OF TITLE XI, AND REPEALING PARAGRAPHS 2 AND 3 OF SUBSECTION (B) OF SECTION 9, CHAPTER 1 OF TITLE XI, RELATING TO THE FORMATION OF R-PC PLANNED COMMUNITY COMBINING AREA DISTRICTS. WHEREAS, it is necessary to provide for the proper plan- ning and growth of the City of Aspen by establishing a Residential Planned Unit Development District, AND WHEREAS, the City Council is in the process of pro- viding for a new zoned district; namely, AP-Agricultural/Forestry, and Council desires to amend this Ordinance prior to second read- ing to provide for that district in the R-PUD District, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Subsection (a) of Section 3, Chapter 1 of Title XI entitled "Districts" is hereby amended by deleting R-PC Residential Planned Community Combining Area Districts and adding R-PUD (Residential Planned Unit Development.) Section 2: Subsection (d) of Section 5, Chapter 1, Title XI entitled R-PC Residential Planned Community Combining Area Districts is hereby repealed. Section 3: Paragraphs numbered 2 and 3 of Subsection (b) of Section 9, Chapter 1, Title XI Section 4: Section 11 of amended to read as follows: are hereby repealed. Chapter 1, Title XI is hereby "11-1-11: PUD PLANNED UNIT DEVELOPMENT: A. Intention: 1. The intent of this Section is to permit flexibility and provide performance criteria which RECORD OF PROCEEDINGS 100 Leaves result in Planned Unit Developments which produce the following results: a. A maximum choice in the type of environment and living area avail- able to the public; b. Open space and recreation areas; c. A pattern of development which preserves trees, outstanding natural topography and geologic features and prevents soil erosion; d. A creative approach to the use of land and related physical develop- ment; e. An efficient use of land result- ing in smaller networks of utilities and streets and thereby lower construction costs; f. An environment of stable character in harmony with surrounding development; g. A more desirable environment than would be possible through strict application of other sections of the zoning resolution. 2. General Considerations Be a. The Planned Unit Development is designed to provide for small and large scale developments incorporating a variety of uses which are planned and developed as a unit. Such development may consist of individual lots and/or it may have common recreation and open space surrounding clustered buildings. Common land must be an essential and major element of the plan which is re- lated to and effects the long term value of the development. b. A building permit for any structure or permit to develop in any manner in a Planned Unit Development shall be issued only after the Final Development Plan for such development has been approved by the Planning Commission and City Council and the applicant has complied with the Sub- division Regulations of the City of Aspen. Procedure for Application and Approval: -2- RECORD OF PROCEEDINGS 100 Leaves 1. General a. Each applicant for PUD approval under this Section (11-1-11) shall be subject to the following phased pro- cedures: (1) Submission of an Outline Development Plan as required herein. (2) Upon approval by the Planning Commission and City Council (following a public hearing) of the Outline Development Plan, the appli- cant shall receive temt~ive rezoning of the subject property. The final zoning change shall be subject to the procedure outlined herein. No building permit or permit to develop in any manner shall be issued at this point. (3) Submission of Final Develop- ment Plan as required herein. (4) Upon approval by the Planning Commission (after public hearing) of the Final Development Plan the applicant and City Council shall enter into an agreement which: (a) Binds the real property to those conditions listed by the Final Development Plan, and (b) Rezones subject pro- perty as stated in the Final Development Plan. (5) After approval of the Final Development Plan and the binding of real property and final rezoning the applicant must comply with the Sub- division Regulations of the City of Aspen prior to receiving building permits or a permit to develop subject property in any manner whatsoever. 2. Standards for Approval a. The developer shall present plans, written statements, and related information in sufficient detail to enabl~ the Planning Commission and City Council to evaluate the proposed development in accordance with the provisions of -3- RECORD OF PROCEEDINGS 100 Leaves this Section. At the culmination of each phase as set forth herein. The applicant must receive the necessary approvals prior to formally proceeding into subsequent phases or into actual development. Lack of sufficient and continuous progress as defined herein may lead to nullification of all approvals by the Planning Commission or City Council. b. A Planned Unit Development may include variations in lot area, lot width, yard and building height require- ments and off-street parking provisions provided the following features exist: (1) The tract or parcel of land involved is either in one ownership or the subject of an application filed jointly by the owners of all property included; (2) The Planned Unit Develop- ment constitutes an area of at least 27,000 square feet; (3) The development includes open space for the mutual benefit of the entire tract; (4) The project is designed to provide variety and diversity, so that maximum long-range benefit may be gained and the unique features of the development or site are preserv- ed and enhanced; and, (5) The project is in harmony with the surrounding neighborhood. 3. Outline Development Plan Phase a. Application (1) An applicant shall make application for the approval of a Planned Unit Development by first submitting an Outline Development Plan for the development to the Planning Commission. The Outline Development Plan shall include both maps and a written statement and shall show enough of the area surrounding the proposed Planned Unit Development to indicate the relationship of the PUD to -4- RECORD OF PROCEEDINGS 100 Leaves adjacent uses, both existing and proposed. b. Required Information for Out- lime Development Plan Phase (1) Each applicant shall pro- vide sketch maps (5 copies) of subject property accurately drawn at no less than a 1" = 400' scale. The submitted maps shall show 20' contours, all existing natural and man-made features, existing zoning and a vicinity map showing all adjacent property within ~ mile of the applicant's land. The require- ments with regard to scale, contour interval and vicinity map area are given as general standards and the developer shall communicate with the Planning Department to ascertain applica~lity with regard to a particular submission. If the sketch plat does not accurately represent the information shown on subsequently required survey maps, the Planning Commission shall re- serve the authority to retract or alter its decision with reference to such discrepancies. (2) Each applicant shall pro- vide a schematic plan (5 copies) identifying use types, locations, densities and acreage consumed by all proposed land uses. (3) A written statement (5 copies) is required outlining pre- sent ownership of all land involved within the PUD, an expected schedule of beginning and completion, and a statement of intent concerning the provision of water, sewer, and high- way improvements noting their feasibility and when and by what means each is intended to be pro- vided. c. Planning Commission Action - Outline Development Plan (1) The Planning Commission shall prepare a ~r~itten report to the City Council recommending that the Plan be approved, disapproved or approved with modifications. In its report the Planning Con, mission shall give the reasons for its recommend- ations and shall indicate the extent to which the Outline -5- RECORD OF PROCEEDINGS 100 Leaves Development Plan complies with each of the standards governing its approval. d. City Council Action - Outline Development Plan (1) The Planning Commission shall forward a summary of the pro- posed Plan, with copies of its re- port-to the City Council. After providing notice in a newspaper of general circulation published in the City of Aspen, Colorado in not less than one issue to be published at lease fifteen (15) days in advance of a regular or special meeting, the City Council, in public session, shall review the Outline Development Plan and either disapprove, approve as presented, or approve the Outline Development Plan with modifications. ~. Notation of Te~tive Zoning Outline Development Plan (1) If the Outline Development Plan is approved, the City Council shall authorize a notation on the official Zoning Map to indicate that an Outline Development Plan has been approved for the area included within the Planned Unit Development and that the zoning has been tentatively approv- ed subject to satisfactory completion of the remaining phases as set forth in Section 11-1-11 of this regulation. If the Outline Development Plan is approved with modifications, the City Council shall not authorize such notation on the Official Zoning Map until the applicant has filed with the City Council a written consent to the plan as modified. f. Building Permits and Permits to Development - Outline Development Plan (1) No building permits or permits to develop the land in any manner may be issued on land within the proposed Planned Unit Development until the Final Development Plan has been approved by the Planning Commission under the procedures pro- vided in the following paragraphs -6- RECORD OF PROCEEDINGS 100 Leaves of this Section, and until the applicant has complied with the Subdivision Regulations of the City of Aspen. Final Development Plan Phase ao Application (1) The applicant shall submit a ~inal Development Plan to the Planning Commission within thirty (30) months following the approval of the Outline Development Plan by the Council. b. Required Information for Final Development Plan Phase (1) The Final Development Plan shall include 5 copies of the following information: (a) A survey map showing the circulation system, off- street parking areas, loading areas and major points of access; (b) A comprehensive plan shown on a survey map for all utility services, including storm drainage; (c) Areas, if any, shown on a survey map, which are pro- posed to be conveyed, dedicated or reserved for common open space, parks, parkways, play- grounds, school sites, public uses; (d) A site plan (survey map) showing the density, location of all permitted uses (building, structures and improvements), and indicating the parking, loading and open areas around buildings and structures. (The site plan shall be in sufficient detail to enable the Planning Commission to evaluate the architectural, landscaping and design features of the Planned Unit Development. At its discretion, the Planning Commission may require preliminar) evaluation and perspective draw- ings of proposed structures and -7- RECORD OF PROCEEDINGS 100 Leaves improvements); (e) A development schedule indicating the approximate date when construction of the total project or stages of the pro- ject can be expected to begin and to be completed; (f) Agreements, provisions or covenants which govern the use, maintenance and continued protection of the Planned Unit Development and any of its common open spaces; (g) Any other information which the Planning Commission determines to be needed because of any topographic, circulation, traffic, design, siting, or other special problems of the proposed PUD. (h) Survey map as required in this Section is defined as a map of the proposed PUD area which has been accurately surveyed by a registered surveyor and such survey is marked on the ground. c. Planning Commission Action - Final Development Plan (1) After providing notice in a newspaper of general circulation published in the City of Aspen, Colorado in not less than one issue to be published at least fifteen (15) days in advance of a regular meeting, the Planning Commission, in public session, shall approve the Final Development Plan if it is in sub- ~tantial compliance with the Outline Development Plan, and if it conforms to all other standards applicable to Planned Unit Developments, whether or not considered when the Outline Development Plan was approved. d. Conformity with other Regulations - Final Development Plan (1) Approval of the Final Development Plan shall not supercede the requirements of the building -8- RECORD OF PROCEEDINGS 100 Leaves codes and regulations of the City. 5. Procedures for Change of Zoning to PUD a. Tentative Rezoning - Outline Development Plan. (1) The applicant for change of zoning to the appropriate PUD zone shall submit a request in writing to accompany the Outline Development Plan for the desired land use and density, which in no event shall exceed the limit- ations as set forth in the Use Permitted and Density Permitted sections of the existing zone district for which PUD zoning is requested. (2) When the Outline Development Plan has received the necessary approvals, the City Council shall authorize that a notation be made on the Official Zoning Map to indicate that the Outline Development Plan has been tentatively approved subject to satisfactory completion of the remaining phases as set forth herein. b. Final Rezoning - Final Development Plan (1) After approval of the Final Development Plan by the Planning Commission, the City Council shall rezone the sub- ject property in accordance with the Final Development Plan, and the owner and the Mayor of the City of Aspen shall execute and record in the Clerk and Recorder's Office of Pitkin County, Colorado an instrument in substantially the same form as set out in Paragraph (a) below. (a) Statement of Zoning Change: On the__day of , 19__ the Ceumcil of the City of Aspen, Colorado zoned the follow- ing described property to -9- RECORD OF PROCEEDINGS 100 Leaves Planned Unit Development by City Council Resolution No. The development of the following des- cribed property shall be in accordance with the Planned Unit Development Plan on file in the office of the City Building Inspector. The above referred to property is located in the City of Aspen, Pitkin County, Colorado, and is described as follows: Mayor, City of Aspen, Colorado Attest: B~ (Applicant) ·ate of Colorado ) )SS,: City of Aspen ) The foregoing instrument was acknowledged before me this __day of , 19 by My Commission expires: Notary Public' c. Binding of Real Property (1) A change of zoning when finally approved in conjunction with the Final Development Plan shall bind the development of real property so zoned to the uses and density and all other conditions set forth in the Final Development Plan approved for said property. 6. Procedure for Subdividing under Section (11-1-11) a. The Planned Unit Development Plan is not a subdivision plat for any pur- pose, and it will be necessary to sub- divide the property and comply with -10- RECORD OF PROCEEDINGS 100 Leaves Subdivision Regulations of the City of Aspen before building permits and permits to develop in any manner will be issued within the property zoned under this Section. b. Subdividing the preperty contain- ed within the Final Development Plan may be in whole by one subdivision plat or in parts by a series of sub- division plats. Each subdivision plat submitted shall be in compliance with the Final Development Plan. 7. Procedure for Amending the Planned Unit Development Plan a. Amendments of the Planned Unit Development Plan shall be considered only when one of the following con- di~ions exists: (1) A clear and obvious hard- ship would result unless an amend- ment is granted; (2) There is an error or mistake in the PUD Plan; (3) There has been a change of Conditions in the surrounding area which would necessitate a change in plan. (4) New information is avail- able that would materially improve the Final Development Plan. b. Application for amendments of the Planned Unit Development Plan shall be filed with the Planning Commission and a public hearing held in accordance with Section 11-1-11 B.4.(c)(1) of this resolution. c. After the consideration of all testimony and evidence presented at the public Raring the Planning Commission may amend the Planned Unit Development Plan. If a change of zoning is requested the procedure outlined herein must be followed. C. R-PUD RESIDENTIAL PLANNED UNIT DEVELOPMENT (R-40 PUD, R-30 PUD, R-15 PUD, R-6 PUD, R-ME PUD, AR-1 PUD AR-2 PUD, AF-PUD): ' Intention - to permit flexibility and provide performance criteria in the development of Residential PUD in all Residential and Accommodation/Recreation Zones that produces a variety of housing types in an environment which places special emphasis on reserving common space, preserving -11- RECORD OF PROCEEDINGS 100 Leaves the ecological balance of the area, providing for efficient utilization of the land and effecting harmony with surround- ing development. Cluster Concept - within the R-PUD (Resident- ial Planned Unit Development) framework the Cluster Concept shall be given special consideration so as to promote de- velopment that will reserve large areas of common open space and reduced construction costs by utilizing smaller networks of utilities and roadways. Topographic Relationship - individual lot size will be regulated by the slope of the land as measured between property lines in the direction of maximum slope. The Planning Commission shall use as guidelines the follow- ing standards: (1) 0-10% slope - minimum lot size for the district; (2) 11% and up - lot size should equal 1,000 square feet in area for each per- centage point of slope; and (3) Slopes in excess of 40% as defined above shall be considered for development only upon approval of the Planning Commission. Uses - Permitted - as set by the Planned Unit Development Plan not to exceed the use limits permit- ted by right or special review in the applicable zone dis- trict. Density - Permitted - as set by the Planned Unit Development Plan not to exceed the density allowed in the applicable zoned district. Lot and Yard Requirements - as set by the Planned Unit Development Plan. Maximum Building Height - as set by the Planned Unit Development Plan. Procedure for Approval - subject to Section Il-l-il(b) of this Regulation. Procedure for Change of Zoning under this Section - an applicant for change of zoning to Residential Planned Unit Development shall comply with Section Ii-I-II(B) of this Regulation. Procedure for Amendment under this Section the procedure for amending the R-PUD Plan is as outlined in Section Ii-i-Ii(B) of this Regulation. Section 5: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, -12- RECORD OF PROCEEDINGS 100 Leaves such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provisions or application, and to this end the provisions of this Ordinance are declared to be severable. Section 6: A public hearing on the Ordinance shall be held at (~~ /~/~?/ at ,5%'~ P.M. in the City Council Chambers, City Hall Building, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, on the ~ day of ~~_~ , 1971. ATTEST: CITY CLERK ~'~ ' MAYOR ' FINALLY ADOPTED, ATTE ST: CITY CLERK PASSED AND APPROVED this /~ day of c<'< kMAYOR -13= STATE OF COLORAOO) ) COUNTY OF PITKIN ) ss CERTIFICATE $~I, Lorraine Graves, do hereby certify that the above and City Clerk of Aspen, Colorado, foregoing ordinance was introduced, read in full, and passed on first reading et a regular meeting of the City Council of the City of As~en on October 4 ..,1~7_1_1, and nublish- ed in the Aspen Times, a weekly newspaper of ~eneral ci"cul- ation, published in the City of As~en, Colorado, in its issue of October 7 , 197_!_1, and was finally regular meeting of the City ,197_~l,and ordered published , Series of 197_~, of said City, as I have hereunto set my hand and of said City of Ashen, Colorado, this ~2nd October ~, 1~71 adopted and approved at a Council on October 19 as Ordinance No. 25 ~rovided by law. IN WITNESS ~,~HEREOF, the seal day of SEAL ~Lorra~ne Gra~es, Czty Clerk