HomeMy WebLinkAboutordinance.council.007-83 RECORD OF PROCEEDINGS 100 Leaves
ORDINANCE NO. ~ (Series of 1983)
AN ORDINANCE AMENDING SECTIONS 20-19, 20-21, 24-3.3 and 24-4.1 OF
THE MUNICIPAL CODE FOR THE PURPOSE OF PROVIDING OPPORTUNITIES FOR
THE REDUCTION OF THE PROCESSING AND REVIEW REQUIREMENTS OF CERTAIN
LAND USE APPLICATIONS
WHEREAS, the Aspen Planning and Zoning Commission and Aspen
City Council have expressed their interest in the implementation
of a streamlined, procedurally less complex version of the subdi-
vision and zoning regulations, and
WHEREAS, the preparation of a fully streamlined code is a
complicated task, requiring substantial staff resources and the
likelihood of considerable public review, and
WHEREAS, during the course of a work session with City staff
on January 19, 1983, the City Council did recognize that interim
measures can be implemented which reduce the burden of Aspen's
land use regulations upon some applicants, without affecting any
significant public policy concerns, and
WHEREAS, at a public hearing on February 22, 1983, the Aspen
Planning and Zoning Commission did consider a series of code
amendments designed to reduce the number of review steps associ-
ated with certain types of land use applications, and
WHEREAS, the Commission does support the intent of City Coun-
cil that Aspen's land use regulations be simplified by the reduc-
tion of regulatory requirements in cases when there is obvious
redundancy in the multiple review steps required and when no sub-
stantial public policy concerns are in evidence, and
WHEREAS, the Aspen City Council does wish to accept the
recommendations of the Aspen Planning and Zoning Commission con-
tained in the Commission's Resolution 83-1 by providing opportuni-
RECORD OF PROCEEDINGS 100 Leaves
ties in the Municipal Code for the reduction of the processing and
review requirements of certain land use applications.
NOW, ~HEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That Section 20-19(b) of the Aspen Municipal Code entitled
"Exceptions and Exemptions" be and the same is hereby repealed and
reenacted to read as follows:
"(b) Following receipt of a recommendation from the planning
commission, City Council may exempt or except a particu-
lar division of land from the definition of a subdivi-
sion set forth in Section 20-3(s), when, in the judgment
of the City Council, such division of land is not within
the intent and purpose of this chapter.
The planning director may recommend that the planning
commission grant such exception or exemption without its
subsequent consideration by the City Council when such
additional review would be redundant, serve no public
purpose or is deemed to be otherwise unnecessary in
relation to the land use policies and regulations of the
City of Aspen. It shall be considered sufficient evi-
dence that the City Council review would be unnecessary
if the proposal under consideration is found to comply
with all of the requirements of this code, including but
not limited to parking, area and bulk and use; not to
result in a substantial change to the external appear-
ante of the building and its site; and to otherwise
result in a form of development which is consistent in
type and character to the neighborhood in which it is
situated. The grounds for granting such exception or
exemption shall be entered in the minutes of the grant-
ing body in motion or resolution duly adopted."
Section 2
That Section 20-21 of the Aspen Municipal Code entitled
"Resubdivision and Plat Amendments" be and the same is hereby
repealed and reenacted to read as follows:
"Sec. 20-21 Resubdivision and Plat Amendments.
(a) Resubdivision of land shall be considered a subdivision
and shall require full compliance with this regulation.
(b) If it is discovered that there exists an engineering or
survey error in a recorded plat, or if the subdivider or
his assigns wishes to otherwise amend a recorded plat,
the subdivider, or his assigns, shall be required to
file an amended final plat. If, at the sole discretion
of the directors of both the planning office and the
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engineering department, the amendment is found to result
in minor alterations which meet all of the design stan-
dards and criteria of the Municipal Code, then the
amended plat may be approved by staff review only. If,
however, the amendment is found to result in major
alterations to the plat such that at the sole discretion
of either the director of the planning office or the
engineering department, it should be reconsidered in
relation to the design standards and other criteria of
the Municipal Code, then the amended plat shall be
reviewed according the procedures established in Section
20-19 of this chapter. A major alteration to a plat
shall include, but not be limited to, any change which
results in an increased need for off-street parking,
affects the type or character of use of the development,
substantially alters the external appearance of the
building or affects the design of roads, utilities,
landscaping or other site design features such that the
intent of the original site plan is no longer met."
Section 3
That Section 24-3.3(c) of the Aspen Municipal Code entitled
"Grant of Conditional Use" be and the same is hereby repealed and
reenacted to read as follows:
"(c) No approved conditional use may be substantially modi-
fied, structurally enlarged or expanded in ground area
unless such modification, enlargement or expansion re-
ceives the prior approval of the commission which appro-
val shall be obtained by repetition of the granting pro-
cedures herein provided. Minor modifications, struc-
tural enlargements or expansions which do not create
substantial impacts on the three conditional use cri-
teria listed in 24-3.3(b) above may be authorized by the
planning director without additional public hearings.
Minor modifications, enlargements or expansions include,
but are not limited to, insubstantial changes in the
operation of a conditional use; changes which will not
cause negative impacts on pedestrian and vehicular traf-
fic circulation, parking or noise; changes which do not
substantially affect the tourist or local orientation of
the conditional use; changes which do not affect the
character of the neighborhood in which they are located;
changes which do not increase the use's employee base or
the retail square footage in the structure; and changes
which do not substantially alter the external visual
appearance of the building or its site."
Section 4
That Secton 24-4.1(c) of the Aspen Municipal Code entitled
"Off-Street Parking Required" be and the same is hereby repealed
and reenacted to read as follows:
"(c) For all low, moderate and middle income housing units
approved and deed restricted within the provisions of
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the adopted employee housing guidelines of the City of
Aspen, the required off-street parking shall be estab-
lished by special review of the planning and zoning com-
mission. The commission's review shall consider, but
not be limited to an evaluation of the need for parking
in the neighborhood, the proximity of the project to any
bus route and to the downtown area, whether the em-
ployees are to be housed on the same site at which they
are employed, and the practical difficulties of the site
design which, when considered in relation to the public
policy requirement for off-street parking, may render
the provision for non-site parking spaces less neces-
sary."
Section 5
If any section, subsection, sentence, clause, phrase or por-
tion of this ordinance is for any reason held invalid or unconsti-
tutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining por-
tions thereof.
Section 6
A public hearing on the ordinance shall be held on the
day of , 1983, at 5:00 P.M. in
the City Council Chambers, Aspen City Hall, Aspen, Colorado, 15
days prior to which hearing notice of the same shall be published
once 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 day of
, 1983.
Herman Edel, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved on this day of
RECORD OF PROCEEDINGS 100 Leaves
, 1983.
Herman Edel, Mayor
ATTEST:
Kathryn S. Koch, City Clerk