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Home My WebLink Aboutcoa.lu.ca.Subdivision Code Interpretation.0018.2007 E3a Ada gecord tyavigata FSrm ReOa'4s Format Tab Kelp .4J r .J `-j ~ 'L. '~ ._.. m Cry i v .// 4~ "Yd ti p uiam't.ustom Fw3lds Fea3 ilclens Pacels Ro,Ning Stalus Fee Summary Routing Hrstwy Attachments $ ; Permit Type aslu Aspen Laril USe Permdk'0012.2U07.A5LU i Address ~ ! AWSuAe~ $ i g ' oW ~~ __ si , _ zro ( __~~ -Femrt lniormatwn .. .. ~ O T .. ,,, _ Idasler Pa.mit .~~.. ... _...... ,.., Reuter Gueua sskr0 ._... ~d~ _.___ 3(~Sj2W7 .. rr z ~ o Rgavl Slates pandng Approved' _, ~ 1 .,_._.._.v~__..__._ Desniptron CODE INTERPRETATION _. __ ._....... ,., .. _., ._.. _.__ _. Issued Foal Submtied ~GIDEDN KUAfMAN 925.6527 ~. __. Clock Runrmg Days ~ 0 Expnes ;03)21(2008 Owner l.as1 Name MORN Rrst Name GLENN ' Fhone 1970) &'5£S87 ;~ Gwner ls.Applrcant? App6canl ,..,....."""~_~..m...~ Last Name YiORN _ I _ _~._._~ Frst Nanrc GLENN _"__ _ ~...».......m..,.. ...__,. __.,__,.______.___.,.__. ~_.__.__..~. Phorre .(97p~ 4256587 CuN q ":: : _._____________ : i .27562 _.________ ._. . Lander Last Name ~ .:, First Name ~ ~ j i -~~ Id :...___..____~.,~_.~,....~ 1 Fhma I r ~. Acoen6ald(bl ...:~ Recordl oft ~" ' 4 ,..,, ,.,~ .. .., CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE CODE INTERPRETATION JURISDICTION: APPLICABLE CODE SECTIONS: EFFECTIVE DATE: WRITTEN BY: APPROVED BY: Date: ~,6,p~ COPIES TO: City Attorney City of Aspen Section 26.104.100 Section 26.480.080 Apri16, 2007 Jessica Garrow, Planner Chris Bendon, Community Development Director City Planning staff SUMMARY: This Land Use Code interpretation clarifies the meaning of a subdivision and outlines what review is applicable when subdivision is triggered. The request was filed by Glenn Horn on behalf of Hines Highlands Limited Partnership (HHLP). Each of these parties shall have the right to appeal this code interpretation, as outlined below. BACKGROUND: The Planning and Zoning Commission reviewed a land use application for a Subdivision Review and a PUD Amendment to the Highlands PUD. On February 6, 2007, the Commission voted to approve the PUD Amendment and recommend City Council approve an amendment to the Subdivision. When the Highlands PUD was created, it included development rights for a number of different uses. Among those uses were sixteen (16) free-mazket residential units in Block E of the PUD. When Highlands was built only fifteen (IS) of those free-market residential units were constructed, leaving one (1) free-mazket development right in the PUD. This created a "floating" development right in the PUD. The Planning and Zoning Commission's February 6, 2007 vote enabled HHLP to "land" that development right in a commercial and condo meeting room space in Block D, Building 2. By "landing" the development right in that location, Staff determined a subdivision was triggered based on the following reasons: 1. Amulti-family unit in a mixed use building was created, and 2. A dividing wall indicated on the approved plat was eliminated, and ,^. ,.... ~/ e../ 3. The uses indicated in the original approvals and on the plat were changed from Commercial and Condo Meeting room to Free-Market Residential. Based on the changes being proposed, Staff determined that a Subdivision Other Amendment was the appropriate Subdivision review standard. DISCUSSION Staff has relied on two sections of the Land Use Code, to render this interpretation. Following are the sections, emphasis added. A. Section 26.104.100, Definition, Subdivision. Subdivision. The process, act, or result of dividing land into two or more lots, parcels, or other units of land or separate legal interests, for the purpose of transfer of ownership, leasehold interest, building, or development, or for the creation or alteration of streets or right-of--ways. Subdivision shall also include the realignment. alteration or elimination of any lot line or property boundary established by and/or reflected on a plat or deed recorded in the office of the Clerk and County Recorder for Pitkin County, and land to be used for condominiums apartments or an oy ther multiple dwelling units, or for time sharing dwelling units. Unless the dlvision of land as specified below is undertaken for the purpose of evading this Title, "subdivision" does not apply to any division of land: (a) Which is created by judicial proceeding or order of a court of competent jurisdiction in this state, or by operation of law, provided that the city is given notice of and an opportunity to participate in the judicial proceeding prior to the entry of any such court order; (b) Which is reflected or created by a lien, mortgage, deed of trust or any other security instrument; (c) Which is created or reflected in a security or unit of interest in any investment trust regulated under the laws of Colorado, or any other interest in an investment entity; (d) Which creates cemetery lots; (e) Which creates an interest in oil, gas, minerals or water which is severed from the surface ownership or real property; or (f) Which is created by the acquisition of an interest in land by reason of marriage or blood relationship, joint-tenancy, or tenants-in-common. Arty such interest is for the purposes of thds Tltle a single interest. B. Section 26.480.080, Amendment to subdivision development order. Amendment to subdivision development order. A. Insubstantial amendment. An insubstantial amendment to an approved plat or between adjacent subdivision plats may be authorized by the Community Development Director. An insubstantial amendment shall be limited to technical or engineering considerations frst discovered during actual development which could not reasonably be anticipated during the approval process, or any other minor change to a plat which the Communit,~Development Director~nds has no a ect on the conditions and representations limitin tg he approved plat. . .~, ,•, .`A `~. B. Other Amendment. Any other amendment shall be approved by the City Council, provided that the proposed change is consistent with the approved plat. If the proposed change is not consistent with the approved plat, the amendment shall be subject to review as a new development application for plat. C. Plat vacation. vacation of an approved plat or any other document recorded in conjunction with a plat shall be considered a plat amendment, and shall only be approved by the City Council if good cause is demonstrated. From Citation A above, the definition of subdivision outlines that multi-family units constitute a subdivision and that changing a boundary indicated on a recorded plat constitutes a subdivision. Citation B above outlines the different reviews applicable to a Subdivision amendment. An amendment to correct engineering or technical considerations, or an amendment with "no effect on the conditions and representations" of the approved plat qualifies for an Insubstantial Amendment. Any other amendment to an approved subdivision development order would rise to the level of an Other Amendment. INTERPRETATION The Land Use Code requires changes to a subdivision plat be processed as an Amendment to a subdivision. The Highlands PUD Amendment application triggered subdivision in that it created amulti-family unit in a development. The determination of which review standazd is applicable lies with the Community Development Director. Because the proposed "landing" of a free-mazket unit in a building with two existing spaces, indicated on the recorded plat, has an effect on the conditions of the plat, the Community Development Director appropriately exercised his discretion as required Citation B above. This interpretation was provided on Apri16, 2007, and shall become effective on April 6, 2007. This interpretation of the land use code shall be valid until such time as the code sections specified are amended to implement this clazification or for other purposes. APPEAL OF DECISION Any person with a right to appeal an adverse decision or determination shall initiate an appeal by filing a notice of appeal on a form prescribed by the Community Development Director. The notice of appeal shall be filed with the Community Development Director and with the City office or department rendering the decision or determination within fourteen (14) days of the date of the decision or determination being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision or determination. .. -~, ~. ~.. THE CITY OF ASPEN Land Use Application Determination Of Completeness Date: Mazch 29, 2007 Dear Glenn, We have received your application, dated March 26, 2007, and your additional information dated March 28, 2007 requesting a land use interpretation and have reviewed it for completeness. The case number assigned to this property is 0018.2007.ASLU. Pursuant to Land Use Code Section 26.306.010(0)(3), Rendering of interpretation, the interpretation will be issued within fifteen (15) days of today's date. ® Your Land Use Application is complete: If there aze not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2780 if you have any questions. Thank You, ^ ~~ J ssica Garrow, Planner ity of Aspen, ommunity Development Department G:\city\Jessica\Cases\AHV PUD Amend\Interpretation\CompletenessLetter_AHVinterpretation2.doc Davis Horn~- PLANNING & REAL ESTATE CONSULTING March 28, 2007 Chris Bendon Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Request for Interpretation of Title for Aspen Highlands Village Dear Chris: Hines Highlands Limited Partnership (HHLP) is represented by Davis Horn Incorporated and Gideon Kaufman in this request. We are in receipt of your March 28, 2007 Land Determination of Completeness form. The form requests us to specify a specific Code section for interpretation. This form is helpful because after my phone conversation yesterday with Jessica, I was not sure how to respond. The City staff has required HHLP to submit a request fora "amendment to subdivision development order" (Section 26.480.080). According to the staff, the applicable review standard is Section 26.480.080 B., "Other Amendment." We request your interpretation as to why this section of the Code is applicable. As noted in our prior letter, the proposed development activity is limited to an interior remodel to a condominium building . It appears to us that Section 26.480.090 Condominiumization, is a more appropriate Code standard to be utilized to review the proposed activity. Section 480.010 of the Code establishes the Purpose of the City of Aspen Subdivision standards. If you determine that Section 26.480.080 B., is the applicable Code section, we ask how any of the purposes identified in Section 26.480.010 are served by a "Other Amendment" review. What would be the scope of the review pursuant to Section 26.480.080 B.? Hopefully, this letter clarifies our March 26, 2007 letter. Thank your for your attention to this matter. Sincerely, AV SHORN INCORPORATED GLENN HORN AICP cc: Jessica Garrow Bob Daniel Gideon Kaufman ALICE DAVIS AICP S GLENN HORN AICP -~ ,.: r~,~, ~ ~ 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 8161 1 •970/925-6587 • FAX:970/925-5180 adavis@rof.net ghorn@rotnet ~, .~, ,.. ~. THE CITY OF ASPEN Land Use Application Determination Of Completeness Date: March 28, 2007 Dear Glenn, We have received your application, dated Mazch 26, 2007, requesting a land use interpretation and have reviewed it for completeness. The case number assigned to this property is 0018.2007.ASLU. ® Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1. 2. 3. 4. 5. A request to interpret a specific code section as it relates to your protect Please submit the aforementioned missing submission items so that we may begin reviewing your application. The interpretation cannot be rendered until your application is deemed complete. ^ Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2780 if you have any questions. Thank You, /11 I q ~~ V V~V liL/VLJ '~ Jessica Gatrow, P er \Crty of Aspen, munity Development Department G:\cityVessica\Cases\AHV PUD Amend\Interpretation\CompletenessLetter_AHVinterpretation.doc .~. .~, ..~ Davis Horn~• RF,~,~^. March 26, 2007 PLANNING & REAL ESTATE CONSULTING tifgR2 ,~® C Chris Bendon, Director ~O~fj ~~' -~ Community Development Department 'SUN/~ ~~ 130 South Galena Street v Aspen, Colorado 81611 "`A'T Re: Request for Interpretation of Title for Aspen Highlands Village Dear Chris: Hines Highlands Limited Partnership is (HHLP) represented by Davis Horn Incorporated and Gideon Kuafman in this request for an Interpretation of Title pursuant to Section 26.306 C. of the City of Aspen Land Use Code. As you know, the City of Aspen Planning and Zoning Commission recently approved Resolution No. 34-2006 approving the Aspen Highlands Village Planned Unit Development (AHV PUD) amendment to utilize vacant condominiumizedretafl and tourist accommodations space for residential purposes. The PUD amendment requires revisions to the Aspen Highlands Village Condominium Map because interior walls within Aspen Highlands Village Building 2 will be reconfigured. There are not any changes proposed to the AHV PUD Subdivision Plat. The Community Development Department has determined that the condominium map amendment necessitates a Subdivision amendment to be reviewed and approved by the Aspen City Council at a public hearing. We are aware of numerous interior condominium remodels in which the City of Aspen has not required a subdivision amendment. The current staff position seems to be require an excessive review process for a simple amendment to a condominium map. We are seeking your interpretation of the Code as to why the amendment to the AHV PUD Condominium Map constitutes a subdivision activity subject to City Council approval. Nonetheless, we concur with the staff position that if a "Subdivision Other Amendment" is required that the only review standard is compliance with the approved plat. Thank you for your attention to this issue. Please call Gideon or I if you would like to discuss this further. Sincerely, DAVIS HORN INCORPORATED GLE N HORN AICP cc: Bob Daniel Gideon Kaufman Jessica Garrow ALICE DAVIS AICP f GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 8161 1 •970/925-6587 • FAX: 970/925-5180 adavis@rotnet ghorn@rof.net 0 U m c c/~ N cn r _ ~ ,, 4i x Y ~ ~ F„ ~, ~ x ~*` ~ ~' ~.,, p fd ~YS •±/7 -..~ ~~ m ~~ ~ n ~~ ~ a z O C~ ~~ ~M ~ ~~ ,_ ~~ ~~"~^~~ ~_ ~ ~~ ~ ~- ~- ~~.~~ ~ >~ ~ ~ ~~ ~~ ~; a =. o' N W _- w m ,.x .. ~ ~ o VNIFEb,y+T ~ N ~~ 9FN O by E ~ O .n ~ ~''\'';~ o N ~l, ;i: ~a~ ~ rn '~'„.~~,9 v~ y` 3'' O ~O e' a ~~ h~~ ~ O ^ ComDlete items 1, 2, and 3. Also complete Ite if Restricted Delivery is desired. ^ Pri.. ,our name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Atldressetl to: L;IIE,~'~i l t\~~-~'~ ~~ ~ib'J~ 1--}1~~ ~"~ ~,~~~ ~ M~ C~v1~,1,yC 11 ~-~- ~-~~ , c~ ~~~u 2. 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