HomeMy WebLinkAboutordinance.council.055-00 ORDINANCE NO. 55
(SERIES OF 2000)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADo, TO AMEND PROVISIONS OF THE LAND USE CODE RELATED
TO THE AUTHORITIES OF THE PLANNING DIRECTOR, EXTENSION OF
NON-CONFORMING USES, ABILITY TO RESTORE NON-CONFORMING
USES, INTERPRETATIONS, AUTHORITY TO HEAR APPEALS,
REGULATIONS FOR ENVIRONMENTALLY SENSITIVE AREAS,
REFERENCES TO THE ASPEN/PITKIN COUNTY AFFORDABLE HOUSING
GUIDELINES, GROWTH MANAGEMENT EXEMPTIONS FOR ACCESSORY
DWELLING UNITS, PROHIBITED SIGNS, BUILDING HEIGHT
LIMITATIONS FOR SOLAR PANELS, OPEN SPACE REQUIREMENTS FOR
TRELLIS STRUCTURES, FENCE HEIGHT REGULATIONS, RENTAL AND
RESALE RESTRICIONS FOR THE MULTI-FAMILY HOUSING
REPLACEMENT PROGRAM, CONVERSION OF RESIDENTIAL
RECONSTRUCTION CREDITS, AND THE AFFORDABLE HOUSING ZONE
DISTRICT OF THE LAND USE CODE, RESPECTIVELY SECTIONS 26.104.100,
26.210, 26.304, 26.435, 26.470, 26.480, 26.510, 26.575, 26.590, AND 26.710.110 OF
THE LAND USE CODE.
WHEREAS, the Planning and Zoning Commission proposed amendments to the
text of the Land Use Code, as described herein, pursuant to Section 26.212; and,
WHEREAS, the amendments proposed relate to Sections 26.104.100, 26.210,
26.304, 26.435, 26.470, 26.480, 26.510, 26.575, 26.590, and 26.710.110 the Land Use
Code of the Aspen Municipal Code~ and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the Planning Direczor and then by the Planning and Zoning
Commission az a public hearing. Final action shall be by City Council after reviewing and
considering these recommendations; and,
WHEREAS, the Planning Director recommended approval of amendments to the
Land Use Code, as described herein; and,
WHEREAS, the Planning and Zoning Commissmn opened the public hearing to
consider the proposed Land Use Code amendments on September 5, 2000, continued the
hearing to October 3, 2000, took and considered public testimony and the
recommendation of the Planning Director and recommended, by a five to zero (5-0) vote
that City Council adopt the proposed amendments to the text of the Land Use Code,
described herein as Sections 1-19, recommended by a 4-0 vote City Council not adopt the
proposed amendments the text of the Land Use Code described herein as Section 20, and
recommended by a 6-0 vote City Council adopt the proposed amendments the text of the
Land Use Code described as Section 21-22; and,
Ordinance No 55,
Series of 2000, page 1
WHEREAS, City Council reviewed and considered the recommendations of the
Community Development Director, the Planning and Zoning Commission, and members of
the public during a duly noticed public hearing; and,
WHEREAS, the City Council finds that the text amendments to Sections
26.104.100, 26.210, 26.304, 26.435, 26.470, 26.480, 26:510, 26.575, 26.590, and
26.710.110 of the Land Use Code of the Aspen Municipal Code, as described herein,
meet or exceed all applicable standards and that the approval 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:
Section 26:210.020(B) - Community Development Department Jurisdiction, Authority,
and Duties - shall be and is hereby amended to included the following text:
B. 14. To initiate amendments to the text of this Title or to the Official Zone
District Map, pursuant to Chapter 26.310.
15. To administer the land use application review fee policy, bill applicants
according to said policy, to take such actions deemed necessary in
withholding development orders or issuing stop work orders upon
nonpayment of review fees, and to waive any fees, or portions thereof, upon
request according to said policy.
Section 2:
Section 26.312~020(C). Nonconforming Uses Extensions - shall be and is hereby
amended to read as follows:
C. Extensions/Expansions. Nonconforming uses shall not be extended or
expanded. This prohibition shall be construed so as to prevent:
1. Enlargement of nonconforming use by increasing the area within a
structure in which such nonconforming uses are located; or
2. Occupancy of additional lands; or,
3. Increasing the size, considering all dimensions, of a structure in which
a nonconforming use is located.
Ordinance No 55,
Series of 2000, page 2
Section 3:
Section 26.312.020(G)(1) -Nonconforming uses demolition or destruction - shall be and
is hereby amended to read as follows:
1. Ability to restore. Any nonconforming use not associated with a structure
may not be restored after discontinuance period of more than 30 days. Any
nonconforming use located in a structure which is purposefully demolished,
pursuant to the definition of Demolition, may not be continued or restored. Any
nonconforming use located in a structure which is purposefully partially
demolished, pursuant to the definition of Partial Demolition, may be restored as of
right within twelve (12) months of the date of partial demolition.
Section 4:
·, Section 26.316.020(B)(1) - Interpretations - shall be and is hereby amended to read as
follows:
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.
Section 5:
Section 26.316.020(F).- Appeals Authority - shall be and is hereby amended to read as
follows:
F. Action by the decision-making body hearing the appeal The decision-making
body authorized to hear the appeal shall follow the general hearing procedures set
forth at Section 26.304;060(C). 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.
Section 6:
Section 26.435.010 - Environmentally Sensitive Areas Purpose - shall be and is hereby
amended to read as follows:
Certain land areas within the city are of particular ecological, environmental,
architectural or scenic significance and all development within such areas shall be
subject to heightened review procedures and standards as set forth in this Chapter.
These areas shall be known as Environmentally Sensitive Areas (ESA) and shall
include the following:
Section 7:
Section 26.435.030(A) - 8040 Greenline Review - shall be and is hereby amended to read
as follows:
Ordinance No 55,
Series of 2000, page 3
A. Applicability. The provisions of 8040 greenline review shall apply to all
development located at or above 8040 feet above mean sea level (the 8040
greenline) in the. City of Aspen, and all development within one hundred fifty
(150) feet below, as measured horizontally, the 8040 greenline, unless exempted
pursuant to Section 26.435.030 (B). Development on land located in the R-15B
Zone District is not subject to the 8040 Greenline Review.
Section 8:
Section 26.470.070 D (5)(a)(4) - Growth Management Exemptions for Historic
Landmarks - shall be and is hereby amended to read as follows:
4. Any affordable housing shall comply with the standards for affordable
housing set forth in the Aspen/Pitkin County Affordable Housing Guidelines.
Section 9:
Section 26.470.070(G) - Growth Management Exemptions - shall be and is hereby
amended to read as follows:
G. Reserved.
Section 10:
Section 26.470.080(C)(2)(b)(1)(g) - growth management exemption procedures - shall be
and is hereby amended to read as follows:
g. The method by which affordable housing will be provided, in conformance with
the provisions of the Aspen/Pitkin County Affordable Housing Guidelines, and a
description of the type and amount of such housing to be provided.
Section 11:
Section 26.480.030(A)(2)(b) - Lot Split Subdivision Exemptions - shall be and is hereby
amended to read as follows:
b. No more than two (2) lots are created by the lot split, both lots conform to the
requirements of the underlying zone district. Any lot for which development is
proposed will mitigate for affordable housing pursuant to Section 26.470.070(B).
Section 12:
Section 26.480.090(B)- Condominiumization Procedures - shall be and is hereby
amended to read as follows:
B. Procedure. A development application for a condominiumization shall be
reviewed and approved, approved with conditions, or denied by the Community
Development Director, pursuant to the procedures and standards in this section
and Common Development Review Procedures set forth at Chapter 26.304. No
condominiumization shall be approved by the Community Development Director
Ordinance No 55,
Series of 2000, page 4
Unless compliance with all application portions of this Section, applicable
portions of this Chapter, and applicable portions of this Title are demonstrated.
Section 13:
Section 26.510.040 - Prohibited Signs - shall be and is hereby amended to include the
following language:
R. Street Blimps. Parked or traveling cars used primarily for advertising, sometimes
referred to as "street blimps," are prohibited. Vehicle signage incidental to the
vehicle's primary use is exempt.
Section 14:
Section 26.575.020(B)(1)(d) - Building Heights - shall be and is hereby amended to read
as follows:
d. Chimneys, Antennas and Other Appurtenances. Antennas, chimneys, flues, vents
or similar structures shall not extend over ten (10) feet above the specified
maximum height limit, except for roofs with a pitch of 8:12 or greater, these
elements may not extend more than two (2) feet above the ridge. Water towers,
solar panels, and mechanical equipment shall not extend over five (5) feet above
the specified maximum height limit. Church spires, bell towers and like
architectural projections, as well as flag poles, may extend over the specified
maximum height limit.
Section 15:
Section 26.575.030(A)(10)- Standards for Open Space - shall be and is hereby amended
to read as follows:
10. Commercial Restaurant Use. The provisions above notwithstanding, required
open space may be used for commercial restaurant use if the Planning and Zoning
Commission determines, by Special Review (see Chapter 25.430), that such use is
compatible with or enhances the purposes of these open space requirements and
that adequate pedestrian and emergency vehicle access will be maintained.
11. Trellis structures. Trellis structures within required open space shall only be
proposed in conjunction with commercial restaurant uses on a designated Historic
Landmark or within (H) Historic overlay zones and must be approved by the
Historic Preservation Commission pursuant to review requirements contained in
Chapter 26.415 and the Community Development Director pursuant to Section
26.470.060(A)(2)(a)(1). Such approved structures shall notbe considered as floor
area or a reduction in open space on the parcel.
Section 16:
Section 26.575.050 - Fences - shall be and is hereby amended to read as follows:
Ordinance No 55,
Series of 2000, page 5
Fences shall be permitted in every zone district provided that no fence shall
exceed six (6) feet above natural grade or as otherwise regulated by the
Residential Design Standards (see Chapter 26.410). Fences visible from the public
right-of-way shall be constructed of wood, stone, wrought iron or masonry. On
comer lots, no fence, retaining wall, or similar object shall be erected or
maintained which obstructs the traffic vision, nor on comer lots shall any fence,
retaining wall, or similar obstruction be erected or maintained which exceeds a
height of forty-two (42) inches, measured from street grade, within 30 feet from
the paved or unpaved roadway. Plans showing proposed construction, material,
location and height shall be presented to the building inspector before a building
permit for a fence is issued. Additionally, foliage shall be placed and maintained
so that it will not obstruct vehicular visibility at intersections.
Section 17:
Section 26.590.010(D)(7) - Timeshare Contents of Application - shall be and is hereby
amended to read as follows:
7. A disclosure statement as is more particularly described in Section
26.590~010(C)(19)(a)(14);
Section 18:
Section 26.530.060 - Rental and Resale restrictions for Multi-Family Housing
replacement - shall be and is hereby amended to read as follows:
26.530.060 Resale Restrictions.
Replacement units shall be "for-sale units" and shall be deed restricted in a form
and substance compliant with the Affordable Housing Guidelines established by the
Aspen/Pitkin County Housing Authority. Such deed restricted units may only be sold in
compliance with the current Affordable Housing Guidelines established by the
AsperffPitkin County Housing Authority. The owner may be entitled to select purchasers,
subject to the aforementioned qualifications, with approval from the Aspen Pitkin County
Housing Authority.
Section 19:
Section 26.470.080(B)(3)(d) - procedures for reviewing projects eligible for an
exemption from the scoring and competition of growth management by City Council -
shall be and is hereby amended to read as follows:
d. City Council Review. An application for a lot split or conversion of
residential reconstruction credits to tourist accommodation units shall not be
reviewed by the Growth Management Commission, but instead shall be forwarded
directly to the City Council for consideration. Other than an application for a lot
split or conversion of residential reconstruction credits to tourist accommodation
units, an application for review by City Council requires a two-step process.
Exemption requests for essential public facilities or for accessory uses in a' mixed-
use development shall require review by the Growth Management Commission
and final review by the City Council. Exemption requests for affordable housing
Ordinance No 55,
Series of 2000, page 6
or for free market residential, AH associated developments shall require review by
the Housing Board and final review by the City Council. When two steps are
required, the following procedures must be adhered to: (no changes thereafter)
Section 20:
Removed.
Section 21:
Section 26.435.100 - Environmentally Sensitive Areas - shall be and is hereby amended
to include the following language:
26.435.100 Amendment of an ESA Development Order.
A. Insubstantial Amendment.
An insubstantial amendment to an approved development order for development
within an Environmentally Sensitive Area may be authorized by the Community
Development Director if:
1. The Development Order is valid and there is substantial compliance with the
conditions of approval.
2. The Development Order is either remaining in conformance with the review
criteria set forth for the specific ESA or it is demonstrated that the
Development Order is in compliance with any amendments to the ESA
criteria.
3. The change is in conformance with the exemption criteria for the specific
ESA, as provided in this Section, considering the Development Order as a
completed development for the purposes of evaluating the change.
4. The change is in compliance with all other provisions of this Title.
B. Other Amendments.
All other amendments to an approved development order for development within
an Environmentally Sensitive Area shall be reviewed pursuant to the terms and
procedures of this Section.
Section 22:
section 26.710.110(D) - Affordable Housing/Planned Unit Development Zone District -
shall be and is hereby amended to read as follows:
D. Dimensional requirements. The following dimensional requirements shall be
established by adoption of a Final PUD Development Plan and shall apply to all
permitted and conditional uses in the Planned Unit Development:
1. Minimum Lot Size.
2. Minimum Lot Area per dwelling unit.
3. Maximum allowable density.
4. Minimum lot width.
5. Minimum front yard.
6. Minimum side yard.
7. Minimum rear yard.
Ordinance No 55,
Series of 2000, page 7
8. MaximUm site coverage.
9. Maximum height (including view planes).
10. Minimum distance between buildings on the lot.
11. Minimum percent open space required for the building site.
12. Trash access area.
13. Allowable Floor Area.
14. Minimum off-street parking spaces.
15. Other dimensions determined necessary to establish through the PUD process.
Note #1: The maximum allowable density permitted in this zone shall be
established by adoption of a Final PUD Development Plan by using the following
table applied to the proposed fathering parcel as a guide:
Unit Type Minimum Lot Area* per dwelling
unit (square feet)
Dormitory 300
Studio 400
One Bedroom 500
Two Bedroom 1000
Three Bedroom 1500
3+ Bedrooms 500/Bedroom
Note #2: The allowable floor area permitted in this zone shall be established by
adoption of a Final PUD Development Plan by using the following table applied
to the proposed fathering parcel as a guide:
Fathering parcel Lot Area* Allowable Floor Area Ratio
0--15,000 square feet 1.1:1
15,001--25,000 square feet 1:1
25,001--43,560 square feet .8:1
>1 acre--3 acres .6:1
>3 acres--6 acres .36:1
>6 acres .3:1
* Lot Area as defined in the Land Use Code.
Section 23:
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.
Ordinance No 55,
Series of 2000, page 8
Section 24:
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 provmion and shall not affect the
validity of the remaining portions thereof.
Section 25:
A public hearing on the Ordinance shall be held on the 11~ day of December, 2000, at 5:00
p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days
prior to which hearing a public notice of the same shall be published 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 this 27th day of November, 2000.
Attest: ' '~-
Kathryn S~och, City Clerk l~achel E. Richards, May~ ~
FINALLY, adopted, passed and approved this 11' day of December, 2000.
Attest:
~~Kath~n~S.~o~h, City Clerk ~s, ~ay°r~
Approved as to form:
Ci~' .~t~dr~ey
C:~home\Chris\CASES\land use code\10.27ORD.doc
Ordinance No 55,
Series of 2000, page 9