The URL can be used to link to this page

Home My WebLink Aboutagenda.apz.20120320 AGENDA ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY, March 20, 2012 4:30 p.m. Sister Cities room 130 S. Galena Street, Aspen I. ROLL CALL II. COMMENTS A. Commissioners B. Planning Staff C. Public III. MINUTES IV. DECLARATION OF CONFLICT OF INTEREST V. PUBLIC HEARINGS — A. Code Amendment—Downtown Zoning B. Code Amendment - The Code Amendment Process VI. OTHER BUSINESS VII. BOARD REPORTS VIII. ADJOURN Next Resolution Number: 6 P1 MEMORANDUM TO: City of Aspen Planning and Zoning Commission FROM: Jessica Garrow, Long Range Planner Chris Bendon, Community Development Director RE: CC and C-1 Zone District Changes MEETING DATE: March 20, 2012 SUMMARY: City Council approved the Aspen Area Community Plan on February 27, 2012. Following the adoption, they provided direction on implementation priorities, including requesting staff to process code amendments related to downtown building heights. The attached resolution lowers heights and lowers FAR related to free-market residential uses in the Commercial Core (CC) and Commercial (C-1)zone districts. STAFF RECOMMENDATION: Staff recommends approval of the proposed code amendments. LAND USE REQUESTS AND REVIEW PROCEDURES: This meeting is to review potential changes to the Commercial Core (CC) and Commercial (C-1) zone districts. Pursuant to Land Use Code Section 26.310, City Council is the final review authority following a recommendation from the Planning & Zoning Commission. BACKGROUND& OVERVIEW: As part of the implementation of the Aspen Area Community Plan (AACP), City Council has directed Community Development staff to amend the height allowances and free-market floor area allowances in the CC and C-1 zone districts. The AACP calls for an examination of building heights, and includes a policy stating, "Establish lower maximum building heights to maintain Aspen's small town character." (Managing Growth for Community & Economic Sustainability Policy I.6) It also calls for an examination of commercial zone districts: "Ensure that the City Land Use Code results in (commercial) development that reflects our architectural heritage in terms of site coverage, mass, scale, density and a diversity of heights..." (Managing Growth for Community & Economic Sustainability Policy V.3) In addition, the AACP discusses the importance of maintaining commercial uses in the commercial zones. Page 1 of 5 • P2 STAFF COMMENTS: Based on feedback from City Council, staff is proposing a number of changes to the CC and C-1 zones. A copy of the proposed language is attached in Exhibit B, and outlined below: • Reducing the maximum height in the CC and C-1 zones by four(4) feet o CC Zone: from 42 feet to 38 feet o C-1 Zone: from 40 feet to 36 feet • Incorporating minimum floor to floor heights into the zone districts o CC Zone: First Floor 13 feet to 15 feet, Upper Floors 10 feet o C-1 Zone: First Floor 11 feet to 13 feet, Upper Floors 10 feet • Reducing the allowed amount of Free-Market Residential floor area from .75:1 to .5:1 in both zones, and only if equal amounts of Affordable Housing is provided on the same parcel. • Increasing the required setback for all rooftop equipment to 20 feet from any street-facing facade. MAXIMUM HEIGHTS: Staff is proposing to maintain the current 28 foot height limit for two- story building elements in the CC and C-1 zone districts. This height relates well to Aspen's historic built pattern and creates some flexibility for applicants as they design their buildings. The CC and C-1 zones currently allow a range of heights for three-story building elements: 38 — 42 feet in CC and 36 —40 feet in C-1. Staff is recommending to maintain a range of heights, but to lower it by four (4) feet so that the current low of the range end becomes the maximum allowed height: 34—38 feet in CC and 32 — 36 in C-1. Staff recommends maintaining the range because it ensures a diversity of heights in Aspen's commercial zones, which is consistent with the historic development pattern. It also ensures that new buildings will not all be the same height, and that there will be some visual relief to the built environment. Staff also recommends adding language indicating that reaching the maximum height is not achievable in all situations. This language is currently included in the FAR section, and staff believes it is important to add it to the maximum height section to provide greater clarity on the intention of the height ranges. MINIMUM FLOOR TO FLOOR HEIGHTS: The CC and C-1 zone districts do not currently include requirements for floor to floor or floor to ceiling heights—those are included in the Commercial, Lodging and Historic District Design Objectives and Guidelines. Because the maximum building heights are proposed to be lowered, staff recommends codifying minimum floor to floor heights to avoid any conflicts with the Design Guidelines. The Guidelines currently state that the minimum floor to floor heights in CC and C-1 should be 13 to 15 feet on the first floor, and that minimum floor to ceiling heights on upper floors in CC and C-1 should be 9 feet. Aspen's historic development pattern includes generous first floor heights. This also provides flexibility in the different commercial uses that can occur in a building. Typically, the focus of 19th century architecture was on the first floor where the commercial spaces were located. Page 2 of 5 P3 Offices and living spaces were on upper floors with a shorter plate height and simpler architecture. The first floor was more commonly transparent, so goods could be displayed, while the second story had smaller windows and was usually reserved for a residential or office space. The design guidelines encourage consistency with this historic pattern. Typical storefronts in the core span up to between 13 feet and 15 feet to the top of the transom to permit the maximum amount of sunlight into the shop. Two examples are below: The Andres Building (left) storefront is 14 feet 2 inches to top and the Red Onion (right) storefront is 13 feet to the top. I-, - ti .!: µy."' -,,,,, -A,Av ,,!...----:,,-,...- •F' Pil ' - . '''''s'' ;7;,-:),..1 ' __ ‘,Ts 2 b 0 More recent construction includes similar first floor heights. Below are examples from the spaces housing Wolf Camera, Peaches, and the Gap: i .!i yr, ,, { wow .. -, Kandycom Building • 'ff ., ll : -. ,:,,r ,.4 Ir 1r rag,4 ° I . 1; d .0,4 �; ii ' 'A i - 1 ;ILI f' Ito Ilig...z A , ` r / ., --wt. 1, ;"anA rte,. - 6 The Kandycom Building, with Wolf Camera, has an estimated height of 14 to 15 feet floor to ceiling. Page3of5 P4 II The Peaches Building " , _` _ - , 1 1 :I: qi l —a_ �.�a I MIL rl L - ^ ✓ I+..+ .i The Peaches building is approximately 12 feet to the top of the first floor ceiling (and an I estimated 13 — 14 feet floor to floor). The Gap Building ., __-----, _ . }• _ • a r- • 7"-- ='Y —mot - — . fli MI /1 I 777 — l- ,.- ,.7-------\__ ,• .... , y The Gap building is approximately 12 to 13 feet to top of transom and interior ceiling. Page 4 of 5 • P5 Staff is recommending to maintain the current floor to floor requirements for the first floor in the CC zone district, but to lower the floor to floor requirements for the first floor in the C-1 zone district to 11 feet to 13 feet. This maintains the historic pattern in the historic commercial core, and reflects the fact that the C-1 zone tends to attract different uses that may not need the large first floor heights. Staff is recommending a 10 foot floor to floor height for all upper floors in CC and C-1. This creates a common standard for building levels and helps to make the standards more understandable, rather than having two different calculations for first and upper floors. ROOFTOP EQUIPMENT: The land use code currently requires that all elevators and stairway overruns be setback from the street by at least 15 feet. Staff proposes to extend this to all rooftop equipment and appurtenances and to increase the setback to 20 feet. This will ensure the equipment is not seen from pedestrians on the street. FREE-MARKET RESIDENTIAL.FAR: One of the changes to the Land Use Code during the 2006 —2007 moratorium was to lower free-market FAR to .5:1 by right, with an ability to increase to .75:1 if equal amounts of affordable housing are provided on the same parcel. Staff is proposing to amend this to .5:1 only if equal amounts of affordable housing is developed on the same parcel. Staff believes that limiting the free-market residential allowances will help promote commercial uses in Aspen's downtown commercial zones, which is consistent with the purpose of the districts. Staff believes that residential uses are appropriate for downtown, but the current zoning encourages projects where free-market residential uses, not commercial uses, are the primary driver of projects in the downtown. Staff believes the requirement to provide equal amounts of free-market and affordable housing on-site will help promote vibrant, lights-on community. RECOMMENDATION: Staff recommends approval of the proposed code amendments. RECOMMENDED MOTION: (all motions are worded in the affirmative) "I move to approve Resolution No. _, Series of 2012, recommending City Council amend the height and free-market residential FAR in the CC and C-1 zone districts" ATTACHMENTS: EXHIBIT A—Review Criteria and Staff Findings EXHIBIT B—Proposed Changes to CC and C-1 Zone Districts Page 5 of 5 P6 RESOLUTION No._ (Series of 2012) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION, ASPEN,COLORADO,RECOMMENDING CITY COUNCIL ADOPT CODE AMENDMNETS RELATED TO THE HEIGHT AND FAR IN THE CC AND C-1 ZONE DISTRICTS: 26.710.140,COMMERCIAL CORE (CC) ZONE DISTRICT; 26.710.150,COMMERCIAL (C-1)ZONE DISTRICT WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City of Aspen City Council initiated amendments to the Land Use Code related to the allowed heights and free-market FAR in the CC and C-1 zone districts; 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 Community Development Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Sections 26.710.140, Commercial Core(CC)Zone District; 26.710.150, Commercial (C-1)Zone District; and, WHEREAS, during a duly noticed public hearing on March 20, 2012, the Planning and Zoning Commission recommended that City Council approve amendments to the text of Sections 26.710.140, Commercial Core (CC) Zone District; 26.710.150, Commercial (C-1)Zone District, as described herein, by a — L-i vote; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310; and, WHEREAS,the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN,COLORADO THAT: Section 1: Maximum Heights The Planning and Zoning Commission recommends City Council approve an amendment to the Commercial Core (CC) and Commercial (C-1) zone districts to lower heights by four (4) feet to 36 — 38 feet in the CC zone district and to 32 — 34 feet in the C-1 zone district. Planning& Zoning Commission Reso# of 2012 CC and C-1 zone district amendments Page 1 of 2 P7 Section 2: Minimum Floor to Floor Heights The Planning and Zoning Commission recommends City Council approve an amendment to the Commercial Core (CC) and Commercial (C-1) zone districts to incorporate minimum floor to floor heights as follows: o CC Zone: First Floor 13 feet to 15 feet, Upper Floors 10 feet o C-1 Zone: First Floor 11 feet to 13 feet, Upper Floors 10 feet Section 3: Free-Market Residential FAR The Planning and Zoning Commission recommends City Council approve an amendment to the Commercial Core (CC) and Commercial (C-1) zone districts to reduce the allowed amount of Free-Market Residential floor area from .75:1 to .5:1 in both zones, and only if equal amounts of Affordable Housing is provided on the same parcel. Section 4: Rooftop equipment The Planning and Zoning Commission recommends City Council approve an amendment to the Commercial Core (CC) and Commercial (C-1) zone districts increase the required setback for all roof-top equipment to 20 feet from any street-facing façade. FINALLY, adopted and approved by the Planning and Zoning Commission this _day of , 2012. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: James R.True,City Attorney LJ Erspamer,P&Z Chairman ATTEST: Jackie Lothian,Deputy City Clerk Planning& Zoning Commission Reso# of 2012 CC and C-1 zone district amendments Page 2 of 2 P8 Exhibit A: Sec. 26.310.040. Standards of review for amendments to the land use code. In reviewing an amendment to the text of this Title, the City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Finding: This proposed amendment updates the allowed heights and free-market residential FAR in the CC and C-1 zone districts. Updates to zoning are important to ensure the built environment reflects community character and is consistent with our historic development pattern. The proposed changes do not create a conflict with any other provision of the Land Use Code. Staff finds this criterion is met. B. Whether the proposed amendment furthers an adopted policy, community goal, or objective. Staff Finding: In conjunction with the adoption of the 2012 AACP, City Council has established a set of goals for implementation of that guiding document. Those include updating dimensional requirements in the CC and C-1 zone districts. The proposed amendments are consistent with the AACP, which calls for an examination of building heights, and includes a policy stating, "Establish lower maximum building heights to maintain Aspen's small town character." (Managing Growth for Community & Economic Sustainability Policy I.6) It also calls for an examination of commercial zone districts: "Ensure that the City Land Use Code results in (commercial) development that reflects our architectural heritage in terms of site coverage, mass, scale, density and a diversity of heights..." (Managing Growth for Community & Economic Sustainability Policy V.3) In addition, the AACP discusses the important of maintaining commercial uses in the commercial zones. Staff finds this criterion is met. C. Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. Staff Finding: Staff believes this amendment is consistent with the public interest and is in harmony with the purpose and intent of the Land Use Code. The zone district purpose statements speak to the primary use as commercial, with secondary residential and lodging uses. Staff finds that the amendments further this purpose. Staff finds this criterion is met. Exhibit A Page 1 of 1 P9 Exhibit B: Proposed changes to the CC and C-1 Zone Districts 26.710.140. Commercial Core (CC). A. Purpose. The purpose of the Commercial Core (CC)Zone District is to allow the use of land for retail, service commercial, recreation and institutional purposes within mixed-use buildings to support and enhance the business and service character in the historic central business core of the City. The district permits a mix of retail, office, lodging, affordable housing and free-market housing uses oriented to both local and tourist populations to encourage a high level of vitality. Retail and restaurant uses are appropriate for ground floors of buildings while residential and office uses are not permitted on ground floors. B. Permitted uses. The following uses are permitted as of right in the Commercial Core (CC) Zone District: 1. Uses allowed on basement floors: Retail and restaurant uses, office uses, uses and building elements necessary and incidental to uses on other floors. 2. Uses allowed on the ground floor: Retail and restaurant uses and uses and building elements necessary and incidental to uses on other floors. Office uses are prohibited on the ground floor except within spaces set back a minimum of forty (40) feet from a street and recessed behind the front-most street-facing facade. This prohibition shall not apply to split-level buildings (see definition). Parking shall not be allowed as the sole use of the ground floor. 3. Uses allowed on upper floors: Retail and restaurant uses, office uses, lodging, timeshare lodge, affordable multi-family housing, free-market multi-family housing and home occupations. 4. Uses allowed on all building levels: Retail and restaurant uses, neighborhood commercial uses, service uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, accessory uses and structures, storage accessory to a permitted use, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, and farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(B). C. Conditional uses. The following uses are permitted as conditional uses in the Commercial Core (CC)Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Gasoline service station. 2. Commercial parking facility,pursuant to Chapter 26.515. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial Core (CC) Zone District: 1. Minimum Gross Lot Area(square feet): No requirement. 2.• Minimum Net Lot Area per dwelling unit (square feet): No requirement. 3. Minimum lot width(feet): No requirement. Exhibit B Page 1 of 7 P 1 0 4. Minimum front yard setback(feet): No requirement. 5. Minimum side yard setback(feet): No requirement. 6. Minimum rear yard setback(feet): No requirement 7. Minimum utility/trash/recycle area: Pursuant to Section 26.575.060. 8. Maximum height (feet): twenty-eight (28) feet for two-story elements of a building. Thirty-six (368) feet for three-story elements of a building, which may be increased to 42thirty-eight (38) feet through commercial design review. See Chapter 26.412. Achieving the maximum height is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum height is not an entitlement and is not achievable in all situations. All mechanical equipment, elevator and stair enclosures, chimneys, flues, vents, and similar venting apparatus, shall be set back from any Street facing façade of the building a minimum of twenty (20) feet and the footprint shall be minimized and combined to the greatest extent practicable. 9. Minimum floor to floor heights: a. First Floor: Thirteen (13) feet to a maximum of to fifteen(15) feet b. Upper Floors: Ten(10) feet 109. Minimum distance between buildings on the lot(feet): No requirement. 11-1-0. Public amenity space: Pursuant to Section 26.575.030. 1244. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.75:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly,the maximum FAR is not an entitlement and is not achievable in all situations. a. Commercial uses: 2:1. b. Arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center and similar uses: 2.75:1. c. Affordable multi-family housing: No limitation. d. Lodging: 0.5:1, which may be increased to 1.5:1 if the individual lodge units on the parcel average five hundred (500) net livable square feet or less, which may be comprised of lock-off units. e. Free-market multi-family housing: For non-historic properties: 0.5:1, which may be increased to 0.75:1 if affordable housing equal to one hundred percent (100%) of the free-market residential floor area is developed on the same parcel. For Historic_ Landmark Properties: 0.5:1. Exhibit B Page 2 of 7 P11 13�?. Maximum multi-family residential dwelling unit size (square feet): two thousand (2,000) square feet of net livable area. a. The property owner may increase individual multi-family unit size by extinguishing historic transferable development right certificates ("certificate" or "certificates"), subject to the following: 1. The transfer ratio is 500 square feet of net livable area for each certificate that is extinguished. 2. The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferring development rights is 2,500 square feet of net livable area (i.e., no more than five hundred [500] additional square feet may be applied per unit). 3. This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the FAR of the lot. Commentary: Refer to Chapter 26.535 for the procedures for extinguishing certificates. 1!113. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock-off units, this maximum shall apply to the largest possible combination of units. 154-4. Commercial/residential ratio: The total lodging and free-market residential net livable area shall be no greater than the total above-grade floor area associated with the uses described in Subparagraphs 26.710.140.D.11.a. and b. combined on the same parcel. (Ord. No. 56-2000, §§7 [part], 11; Ord. No. 25-2001, §5 [part]; Ord.No. 1-2002, §20 [part]; Ord. No. 21-2002, §§5 and 6 [part]; Ord. No. 28a-2004, §2; Ord. No. 12-2006, §10; Ord. No. 11, 2007, §1; Ord.No. 27-2010, §4) I I I I Exhibit B Page 3 of 7 P12 26.710.150. Commercial (C-1). A. Purpose. The purpose of the Commercial (C-1) Zone District is to provide for the establishment of mixed-use buildings with commercial uses on the ground floor and opportunities for affordable and free-market residential density. A transition between the commercial core and surrounding residential neighborhoods has been implemented through a slight reduction in allowable floor area as compared to the commercial core, the ability to occupy the ground floor with offices, and a separate chapter in the commercial design guidelines. B. Permitted uses. The following uses are permitted as of right in the Commercial (C-1) Zone District: 1. Uses allowed on upper floors: Lodging, affordable multi-family housing, free-market multi-family housing and home occupations. 2. Uses allowed on all building levels: Retail and restaurant uses, neighborhood commercial uses, service uses, office uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, bed and breakfast, accessory uses and structures, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, storage accessory to a permitted use, farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(b). Parking shall not be allowed as the sole use of the ground floor. C. Conditional uses. The following uses are permitted as conditional uses in the Commercial (C-1) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Lodging, affordable multi-family housing, free-market multi-family housing or home occupations on the ground floor. 2. Commercial parking facility,pursuant to Section 26.515. 3. For historic landmark properties: Detached residential dwelling, two (2) detached residential dwellings and duplex dwelling. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial (C-1) Zone District: 1. Minimum Gross Lot Area(square feet): a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: 3,000. b. All other uses: No requirement. 2. Minimum Net Lot Area per dwelling unit(square feet): a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 3. Minimum lot width (feet): a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. Exhibit B Page 4 of 7 P13 4. Minimum front yard setback(feet): a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 5. Minimum side yard setback (feet): • a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 6. Minimum rear yard setback(feet): a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 7. Minimum utility/trash/recycle area: Pursuant to Section 26.575.060. 8. Maximum height: a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: twenty-eight (28) feet for two-story elements of a building. Thirty- foursi* (346) feet for three-story elements of a building, which may be increased to forty-thirty-six (3648) feet through commercial design review. See Chapter 26.412. Achieving the maximum height is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum height is not an entitlement and is not achievable in all situations. All mechanical equipment, elevator and stair enclosures, chimneys, flues, vents, and similar venting apparatus, shall be set back from any Street facing façade of the building a minimum of twenty (20) feet and the footprint shall be minimized and combined to the greatest extent practicable. 9. Minimum floor to floor heights: a. First Floor: Eleven(11) feet to a maximum of thirteen(13) feet b. Upper Floors: Ten(10) feet 109. Minimum distance between buildings on the lot(feet): a. Detached residential dwelling, two (2) detached residential dwellings, duplex dwelling and bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 114-8. Public amenity space: Pursuant to Section 26.575.030. 1244. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.5:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity Exhibit B Page 5 of 7 P14 requirements and other dimensional standards. Accordingly,the maximum FAR is not an entitlement and is not achievable in all situations. a. Commercial uses: 1.5:1. b. Arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center and similar uses: 2.5:1. c. Affordable multi-family housing: No limitation. d. Lodging: .5:1, which may be increased to 1.5:1 if the individual lodge units on the parcel average five hundred (500) net livable square feet or less, which may be comprised of lock-off units. e. Free-market multi-family housing: For non-historic properties: 0.5:1, which n ay be increased to .75:1 if affordable housing equal to one hundred percent (100%) of the free-market residential floor area is developed on the same parcel. For Historic Landmark Properties: 0.5:1. f. Detached residential dwellings, duplex dwellings and bed and breakfast (as the sole use of parcel and not cumulative with other uses): Eighty percent(80%) of allowable floor area of a same-sized lot located in the R-6 Zone District. (See R-6 Zone District.) Extinguishment of historic TDRs shall not permit additional FAR for single-family or duplex development. 13.-2. Maximum multi-family residential dwelling unit size (square feet): 2,000 square feet of net livable area. a. The property owner may increase individual multi-family unit size by extinguishing historic transferable development right certificates ("certificate" or "certificates"), subject to the following: 1. The transfer ratio is five hundred (500) square feet of net livable area for each certificate that is purchased. 2. The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferring development rights is two thousand five hundred (2,500) square feet of net livable area (i.e., no more than five hundred [500] additional square feet may be applied per unit). 3. This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the FAR of the lot. Commentary: Refer to Chapter 26.535 for the procedures for extinguishing . certificates. 1444. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock-off units, this maximum shall apply to the largest possible combination of units. Exhibit B Page 6 of 7 P15 154-4. Commercial/residential ratio: The total lodging and free-market residential net livable area shall be no greater than the total above-grade floor area associated with the uses described in Subparagraphs 26.710.150.D.11.a. acid b. combined on the same parcel. (Ord. No. 56-2000, §§7 [part], 12, 15; Ord. No. 25-2001, §5 [part]; Ord. No. 1-2002, §20; Ord. No. 28b-2004, §1; Ord. No. 12-2006, §11; Ord.No. 11, 2007, §2; Ord. No. 27-2010, §4) Exhibit B Page 7 of 7 P1 MEMORANDUM TO: City of Aspen Planning and Zoning Commission FROM: Jessica Garrow, Long Range Planner Chris Bendon, Community Development Director RE: Amending the process for changing the Land Use Code and the Official Zone District Map MEETING DATE: March 20, 2012 SUMMARY: P&Z is being asked to provide comments on a proposed code amendment that would update the process for amending the Land Use Code and the Official Zone District Map. STAFF RECOMMENDATION: Staff recommends approval of the proposed code amendments. LAND USE REQUESTS AND REVIEW PROCEDURES: This meeting is to review potential changes to the process of amending the Official Zone District Map and the Land Use Code. Pursuant to Land Use Code Section 26.310, City Council is the final review authority following a recommendation from the Planning & Zoning Commission. BACKGROUND& OVERVIEW: As part of the implementation of the Aspen Area Community Plan (AACP), City Council has directed Community Development staff to process an amendment to the way the Land Use Code is amended. This is part of the same chapter outlining the process to update the Official Zone District Map. Staff is proposing changes to both portions of the chapter n an effort to provide additional clarity to both processes. STAFF COMMENTS: Based on feedback from City Council, staff is proposing a number of changes to the process for amending the Land use Code and Official Zone District Map. A copy of specific proposed language is attached in Exhibit B, and outlined below: • Clarify the process to amend the Official Zone District Map (also known as Rezoning) o Add language stating that initial zoning designations for annexed property is done • through the process outlined in the chapter. o Update the review criteria to eliminate duplicative criteria. o Provide more detail on the purpose, process, and noticing requirements for the review. • Amend the process to amend the Land Use Code Page 1 of 2 • P2 o Update how a code amendment can be initiated. City Council must"endorse" any amendment initiated by a private party, the P&Z, or the Community Development Director. o Add a public engagement requirement to the process. The first step of any code amendment is to get feedback from interested parties, including HPC, P&Z, and possible outside entities, on the general concept of the amendment. That feedback is then used by City Council when they determine if a code amendment should be "endorsed." o .Add an official "endorsement" of the concept. City Council must pass a Resolution on the concept of the code amendment at a public hearing prior to specific language being drafted. If a concept is "endorsed," staff would move forward with working on specific language to implement the concept. o Specific language is reviewed and approved by City Council by Ordinance. AMENDMENTS TO THE OFFICIAL ZONE DISTRICT MAP: Staff is proposing minor amendments to clarify the process to zone or re-zone a property. Currently, there is no language stating that this chapter governs the review of providing initial zoning to a property annexed into the city. Staff proposes adding language to clearly state that all zonings and rezonings are done in accordance with the chapter. Staff is also proposing to provide greater clarity to the purpose of the P&Z and City Council reviews of zonings and rezonings. Finally, staff proposes to eliminate duplicative review criteria. AMENDMENTS TO THE LAND USE CODE: City Council requested staff examine a way to streamline the code amendment process. In the past, some code amendments have extended over a period of months and years because the general concept is not supported by one of the groups reviewing the amendment. Rather than beginning the process with specific language, there would be a discussion about the general concept. This will enable P&Z, HPC, and the public to comment on the idea of a code amendment rather than language. Staff believes this will speed the process by enabling Council to vote early on in the process on whether or not to pursue a concept. Staff proposes to amend the initiation process to require City Council to endorse, through official adoption of a Resolution at a public hearing, any amendment proposed by staff or P&Z. RECOMMENDATION: Staff recommends approval of the proposed code amendments. RECOMMENDED MOTION: (all motions are worded in the affirmative) "I move to approve Resolution No. , Series of 2012, recommending City Council amend the process for amending the land use code and amending the Official Zone District Map." ATTACHMENTS: EXHIBIT A—Review Criteria and Staff Findings EXHIBIT B—Proposed Changes Page 2 of 2 P3 RESOLUTION No. (Series of 2012) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION, ASPEN,COLORADO,RECOMMENDING CITY COUNCIL ADOPT CODE AMENDMNETS RELATED TO AMENDNENTS TO THE LAND USE CODE AND OFFICIAL ZONE DISTRICT MAP: 26.310,AMENDNENTS TO THE LAND USE CODE AND OFFICIAL ZONE DISTRICT MAP WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City of Aspen City Council initiated amendments to the Land Use Code related to the process of amending the Land Use Code and the Official Zone District Map; 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 Community Development Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Section 26.310, Amendments to the Land Use Code and Official Zone District Map; and, WHEREAS, during a duly noticed public hearing on March 20, 2012, the Planning and Zoning Commission recommended that City Council approve amendments to the text of Section 26.310,Amendments to the Land Use Code and Official Zone District Map, as described herein, by a — (_-_)vote; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310; and, WHEREAS,the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN,COLORADO THAT: Section 1: Amending the Official Zone District Map The Planning and Zoning Commission recommends City Council approve an amendment to clarify the process to amend the Official Zone District Map (also known as Rezoning), including eliminating duplicative review criteria, outlining a process for establishing initial zoning for annexed properties, and more clearly outlining the purpose,process, and noticing requirements. Planning& Zoning Commission Reso # of 2012 Amendments to the Official Zone District Map and the Land Use Code Page 1 of 2 P4 Section 2: Amending the Land Use Code The Planning and Zoning Commission recommends City Council approve an amendment to amend the process for amending the Land Use Code as follows: • Update how a code amendment can be initiated. City Council must "endorse" any amendment initiated by a private party, the P&Z, or the Community Development Directot. • Add a public engagement requirement to the process. The first step of any code amendment is to get feedback from interested parties, including HPC, P&Z, and possible outside entities, on the general concept of the amendment. That feedback is then used by City Council when they determine if a code amendment should be "endorsed." • Add an official "endorsement" of the concept. City Council must pass a Resolution on the concept of the code amendment at a public hearing prior to specific language being drafted. If a concept is "endorsed," staff would move forward with working on specific language to implement the concept. • Specific language is reviewed and approved by City Council by Ordinance. FINALLY, adopted and approved by the Planning and Zoning Commission this_ day of , 2012. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: James R. True,City Attorney LJ Erspamer,P&Z Chairman ATTEST: Jackie Lothian,Deputy City Clerk Planning &Zoning Commission Reso# of 2012 Amendments to the Official Zone District Map and the Land Use Code Page 2 of 2 • P5 Exhibit A: Sec. 26.310.040. Standards of review for amendments to the land use code. In reviewing an amendment to the text of this Title, the City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Finding: This proposed amendment is consistent with the Land Use Code. It does not amend any of the powers and duties of the City Council, P&Z, or the Community Development Director, as outlined in Chapter 200. The proposed changes do not create a conflict with any other provision of the Land Use Code. Staff finds this criterion is met. B. Whether the proposed amendment furthers an adopted policy, community goal, or objective. Staff Finding: In conjunction with the adoption of the 2012 AACP, City Council has established a set of goals for implementation of that guiding document. Those include updating and streamlining the process of amending the Land Use Code. The proposed amendments are consistent with that direction. In addition, staff believes this updated process will provide greater public awareness and interaction on amendments to the land use code which supports the City's goal of increasing predictability and transparency in the land use review process. Staff finds this criterion is met. C. Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. Staff Finding: Staff believes this amendment is consistent with the public interest and is in harmony with the purpose and intent of the Land Use Code. Staff finds this criterion is met. Exhibit A Page 1 of 1 P6 �� Chapter 26.310 AMENDMENTS TO THE LAND USE CODE AND OFFICIAL ZONE DISTRICT MAP Sec.26.310.010 Purpose Sec.26.310.020 Amendments to the Land Use Code-Procedure for amendment Sec.26.310.030 Amendments to the Land Use Code—Application contents Sec.26.310.040 Amendments to the Land Use Code Sstandards of review for • - --- - -- - . - .- —Initiation Sec.26.310.050 Amendments to the Land Use Code standards of review-Adoption Sec.26.310.060 Amendments to the Official Zone District Map-Procedure for amendment Sec.26.310.070 Initial Zoning for Annexed Properties Sec.26.310.080 Amendments to the Official Zone District Map—Application contents Sec.26.310.0930 Amendments to the Official Zone District Map—Standards of review for Sec.26.310.060100 Notation of Planning and Zoning Commission resolution on Official Zone District Map Sec.26.310.070110 Recordation of designation Sec.26.310.080120 Placement on City's Official Zone District Map Sec.26.310.085130 Disputes about zoning of a property Sec.26.310.090140 Time limitations See.26.310.010.Purpose. The purpose of this Chapter is to provide a means for amending the text of this Title(the Land Use Code)and the Official Zone District Mmap. It is not intended to relieve particular hardships or confer special privileges or rights on any person or property. See.26.310.020. Amendments to the Land Use Code—Procedure for amendment. A. General. An application for amendments to the Land Use Code or the Official Zonc District Map may be initiated by the persons and decision making bodies identified in Section 26.301.010 below City Council and shall be processed in accordance with the common development review procedures set forth at Chapter 26.304 and the steps outlined below. City Council may authorize a private party to submit a code amendment application. In such case,the City Council shall determine the extent to which Step One is required(Steps Two and Three are mandatory)and shall determine if the applicant shall pay review fees. The Planning and Zoning Commission may initiate an amendment to the Land Use Code, as provided for in Chapter 26.212, Planning and Zoning Commission. Initiation shall require the adoption of a Resolution by the Planning and Zoning Commission. The Resolution shall be forwarded to City Council for authorization to proceed through the process outlined herein. City Council shall determine the extent to which Step One is required (Steps Two and Three are mandatory). Page 1 of 9 • P7 The Community Development Director may initiate an amendment to the Land Use Code, as provided for in Chapter 26.210, Community Development Department. City Council shall determine the extent to which Step One is required(Steps Two and Three are mandatory). B. Steps Rcequired: Unless initiated by the City Council in accordance with Subsection C'- {Formatted:Indent:Left: 0" below, or unless additional steps are requested by City Council, the review of a proposed text amendment shall require three steps. 1. Step One—Community Input. a. Purpose: To gather ideas, suggestions, comments, opinions, and recommendations- Formatted:Indent:Left: 0.7,Numbered+ from a wide range of participants h ants to determine if an amendment to the text of the Level:2+Numbering Style:a,b,c,...+Start g p p at:1+Alignment:Left+Aligned at: 0.75"+ Land Use Code should be pursued by the City Council. Tab after: 1"+Indent at: 1",Tab stops: 0.75",List tab+Not at 1" b. Process:The Community Development Director shall seek input from a wide range of"-------- Formatted:Indent:Left: 0.5",Numbered+ community members through a variety of methods,which may include focus groups, Level:2+Numbering Style:a,b,c,...+start y g Y at:1+Alignment:Left+Aligned at: 0.75' + structured facilitated sessions, surveys, or other methods. The Director shall solicit Tab after: 1"+Indent at: 1",Tab stops: input from the Planning and Zoning Commission, the Historic Preservation 0.75",List tab+Not at 1" Commission,or other Boards of the City.as applicable. ,Depending on the nature of the potential amendment. the Director may solicit input from business owners. lodging operators. local architects and planners, organizations that may have an interest in the topic,and the general public. The Director shall develop a summary of the input methods used and comments received during this step. c. Notice requirements:None. - Formatted:Indent:Left: 0.5",Numbered+ Level:2+Numbering Style:a,b,c,...+Start at:1+Alignment:Left+Aligned at: 0.75"+ 2.Step O Two—Public hearing before • .--• _ = :••.: :' •=• ity Council. Tab after: 1"+Indent at: 1",Tab stops: 0.75",List tab+Not at 1" a. Purpose: To determine if -• . : ' • •:• -- • = •••-• "• ° •... - or Official Zone District Mapan amendment to the text of the Land Use Code should be pursued. b. Process: The Community Development Director shall present City Council with a summary of comments received during Step One and a recommendation on whether and how to amend the Land Use Code. The recommendation shall include proposed objectives to be accomplished but need not include specific code sections or proposed text. The recommendation shall include an analysis of the public policies of the City to be advanced including, but not limited to. those stated in the Aspen Area Community Plan. The Director may recommend options for consideration. The City • Council may request additional community engagement prior to a decision. c. Standards of review: Section 26.310.040. Amendments to the Land Use Code standards of review-Initiation Page 2 of 9 P8 d. Form of decision: City Council shall decide to pursue an amendment to the Land Use Code by resolution after considering the recommendation of the Community Development Director and comments and testimony from the public at a duly noticed public hearing. The resolution shall include the objective to be accomplished by the code amendment but need not cite specific code sections or proposed text. The City Council may elect to not amend the Land Use Code,which shall not require adoption of a resolution. • • • - _..' - . . . ' - - -•- •- e - =• • Notice requiremen . .- - --- - •- _. _ - _..-: Publication pursuant to Subsection 26.304.060.E.3.a,Publication of notice. 2- .Step Twe-Three—Public Hearing before City Council. a. Purpose: To determine if application meets standards for amendment to eerie-the text of the Land Use Code : e • . - e' •- . b. Process: The Community Development Director shall provide City Council with a recommendation to amend the Land Use Code with proposed text to chapters and sections. c. Standards of review: Section 26.310.050, Amendments to the Land Use Code standards of review-Adoption d. Form of decision: City Council decision shall be by ordinance after considering the recommendation of the Community Development Director and comments and testimony from the public at a duly noticed public hearing. The ordinance shall include the amended text of the Land Use Code by chapter and section. Council). - "'- •• - _ _ . City: Publication, mailing to property owners that arc subject to the rezoning Page 3 of 9 • • P9 Notice requirements for an amendment to the Land Use Code: Publication pursuant to Subparagraph 26.304.060.E.3.a., Publication of notice, in addition to the requisite notice requirements for adoption of an ordinance by City Council. C. Emergency amendments to Land Use Code by City Council. Notwithstanding the procedures for review set forth above and consistent with the authority of the City Council to adopt emergency ordinances pursuant to Section 4.11 of the City Charter,for the preservation of public property, health, peace or safety, the City Council may amend this Title in accordance with the procedures set forth at Section 4.11 of the City Charter(Emergency ordinances). (Ord. No.27-2002,§6;Ord.No. 12,2007,§14) See,26.310.030.Amendments to the Land Use Code—Application contents. A formal application is required prior to initiating Step Three of the code amendment process. outlined above in Section 26.310.020(8)(3), Step Three —Public Hearing before City Council. The application shall include:The development application for amendment to the text t Title or amendment to the Official Zone District Map shall include: A. The general application information required in Section 26.304.030,Application and Fees. B. A copy of the City Council resolution requesting the amendment and a brief summary of how the proposed text meets the stated objectives of the amendment. A-.-C. A copy of the comments received during the Public Input phase. &D. -- - __ _ -_- _- - • •, The precise wording of an.fthe proposed amendment. C. If the application requests an amendment to the Official Zone District Map: • 2. The area of the property proposed to be amended,stated in square feet or acres or a major fraction thereof. • 26.310.040. Amendments to the Land Use Code standards of review—Initiation In reviewing a request to pursue an amendment to the text of this Title, per Section 26.310.020(B)(2). Step Two — Public Hearing before City Council, the City Council shall consider: A. Whether there exists a community interest to pursue the amendment. Page 4 of 9 P 1 0 B. Whether the objectives of the proposed amendment furthers an adopted policy. community goal,or objective of the City including,but not limited to,those stated in the Aspen Area Community Plan. C. Whether the objectives of the proposed amendment are compatible with the community character of the City and in harmony with the public interest and the purpose and intent of this Title. Sec.26.310.0540. Amendments to the Land Use Code Standards of review- Adoption_ . . : : , . .. • . • • . . .. . In reviewing an m mendent to an application to amend the text of this Title, per Section 26.310.020(B)(3), Step Three —Public Hearing before City Council,the City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. B. Whether the proposed amendment furthers doptedachieves the policy, community goal, or objective cited as reasons for the code amendment or achieves other publicpolicy objectives. C. Whether the proposed amendment •:. _ . - : :.. . is compatible with the community character of the City and is in harmony with the public interest and the purpose and intent of this Title. See.26.310.0620. Amendments to the Official Zone District Map-Procedure for amendment. A. General. An application for amendments to the Land Use Code or the Official Zone District Map may be initiated by the City Council,the Community Development Director.or a person or persons owning more than fifty(50)percent of the area of land subject to the amendment by--the _ _ _ ... - - _ . e..e. e and shall be processed in accordance with the common development review procedures set forth at Chapter 26.304. B. Steps required: . ... .•_ •-- _-- .- .-•- . ... ..: - below, The review of an application to amend the Official Zone District Map shall require two (2)step _ .. . - - - . . 1. Step One—Public hearing before Planning and Zoning Commission. a_Purpose: To determine if the application meets standards for amendment to code text or to the Official Zone District Map and to provide a recommendation to City Council. b. Process: The Community Development Director shall provide the Planning and Zoning Commission with a recommendation regarding the specific request to amend the Official Zone District Map. Page 5 of 9 P11 a:c.Standards of Review: Section 26.310.090, Amendments to the Official Zone District Map—Standards of Review b d. Notice requirement . • - ' • - ---•---• -- Official Zone District Map: Publication, mailing and posting (see Subparagraphs 26.304.060.E.3,a., b. and c.)._N°ti°° -~ nt `:or an amendment to the Official Zone District Map initiated by the City: Publication,,notice shall also include mailing to property-owners of property that-ace-subject to the rezoning application at least fifteen (15) days prior to the public hearing. 2. Step Two—Public Hearing before City Council. a.• Purpose: To determine if application meets standards for amendment to eede text orthe Official Zone District Map. b. Process: The Community Development Director shall forward the recommendation of the Planning and Zoning Commission and shall provide the City Council with a recommendation to amend the Official Zone District Map. c. Standards of review: Section 26.310.090, Amendments to the Official Zone District Map—Standards of Review 1}cl.Form of decision: City Council decision shall be by Ordinance after considering the recommendations of the Community Development Directors the Planning and Zoning Commission,and comments and testimony from the public at a duly noticed public hearink, e_Notice requiremen •= - •- • -: - - - -- e --- District Map: Publication, mailing and posting (see as provided for in subparagraphs 26.304.060.E.3.a., b. and c., Public Notice — Publication of notice, Posting of notice, and Mailing of notice, in addition to the requisite notice requirements for adoption of an ordinance by City Council). Notice - ements For an amendment to the Official Zone District Map initiated by the City: Publication, , notice shall also include mailing to property-owners that are of property subject to the rezoning application at least fifteen(15) days prior to the public hearing, in addition to the requisite notice requirements for adoption of an ordinance by City Council. Page 6 of 9 P12 No.27 2002, §6;Ord.No. 12,2007, §11) 26.310.070. Initial Zoning for Annexed Properties. An application to establish the initial zoning for annexed property shall be reviewed according to the standards and procedures of this Chapter. Seer-26.310.0830. Amendments to the Official Zone District Map—Application Contents. The development application for amendment to the text of this Title or an amendment to the Official Zone District Map shall include: A. The general application information required in Section 26.304.030,Application and Fees. • 411 The present Zone District classification and existing land uses of the real property-- Formatted:Numbered+Level:1+ proposed to be amended. Numbering style:A,B,c,...+start at:1+ Alignment:Left+Aligned at: 0.38"+Indent at: 0.75" 33,C. The area of the property proposed to be amended, stated in square feet or acres-er-a'"------ Formatted:Numbered+Level:1+ f +: +w e r Numbering Style:A,B,C,-..+Start at:1+ Alignment:Left+Aligned at: 0.38"+Indent at: 0.75" 6:D. An accurate survey map of the real property proposed for amendment. - Formatted:Numbered+Level:1+ Numbering Style:A,B,C,...+Start at:1+ See.26.310.0950.Amendments to the Official Zone District Map standards of review. Alignment:Left+Aligned at: 0.38"+Indent r at: 0.75" In reviewing an amendment to the Official Zone District Map,the City Council and the Planning and Zoning Commission shall consider: I &A. Whether the proposed amendment is compatible with surrounding zone districts and land uses,considering existing land use and neighborhood characteristics. Page 7 of 9 • P13 C. The effect of the proposed amendment on traffic generation and road safety. O B. Whether and the extent to which the proposed amendment would result in demands on public facilities and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities including, but not limited to, transportation facilities, sewage facilities,water supply,parks, drainage, schools and emergency medical facilities. &C_. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. -RD. Whether the proposed amendment is consistent and compatible with the community character in the City and in harmony with the public interest and the intent of this Title. is in harmony with the purpose and intent of this Title. See.26.310.060100. Notation • • •b : ..• ••_ • •• -• • • • •• i n Official Zone District Map. - -- --. _ :. . .: •• ••• -- Upon acceptance of an application for an amendment to the Official Zone District Map,the Community Development Director shall make a notation on the Official Zone District Map to show the pending amendment. See-26.310.078110. Recordation of designation. Upon the effective date of an act by the City Council approving a development application for an amendment to the Official Zone District Map,the Community Development Director shall notify the City Clerk of the designation,who shall record among the real estate records of the clerk and recorder of the county, a certified copy of the ordinance. The ordinance shall include a legal description of the property whose Zone District designation is changed by the amendment. • See.26.310.080120. Placement on City's Official Zone District Map. Upon the effective date of an act by the City Council approving a development application for an amendment to the Official Zone District Map,the Community Development Director shall place the amendment on the City's Official Zone District Map, which is kept in the Community Development Department. See:-26.310.083130. 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. (Ord.No.52-2003, §4) See.26.310.090140. Time limitations. Page 8 of 9 r P14 .rho P15 • Unless otherwise waived by City Council. the City shall not accept an application to amend the Official Zone District Map, nor shall the City accept or initiate an application to amend the text of the Land Use Code, which has been denied for a period of two years from the date of denial. After a decision or recommendation denying a development application for an amendment to the text of this Title or to the Official Zone District Map, the City Council and the Planning and Zoning Commi°rion shall not consider: date of the action;or - -- - - . text of this Title that constitutes any other kind of amendment of any papt of the same land for a period of one(1)yLar from the date of the action. Council when such action is deemed necessary to prevent injustice or facilitate the proper development of the City. Page 9 of 9 N U L ..0 to al Er,+ til n� l; ' ii ri 01 "Y to JD (Y tIt N i cu n r0 I.1 N N in .--1 I ++ C P N N L• CU N r r-: �., a, M N 1 , !It NN N r.,. t g , r) III !�! _Y a 36 ip raj +� MI r I N n3 Eu_ SD . :.- - -__- _ i. ..,..CAM M O C. 1 U N .- N ui 4t , O . . (R s :`) , 14'11 ICI? T' ' co O �R s N 1 I I ILA+ I (p IS fit. '+� �+ L11 x M I O M I O I N N .. 4 8 'i., _ + M .._____. tn Pri,r; L. N N cn n NM I j 7r N i' _I + l0 4g LW I 1 o U a) U N• .fl .g �) N t CO N '..° QA Cr) .,--i in N N 1 n CO CC ;AI L O P 0 Q � . .. a tn 44 / ,, � it � Z 0. 0 r7 ,44 o 1 t �,. i jet . ..t E `4 ■,‘,. r4 It HtN+i t Ws- r II r' , IP \ i 4,..•.i moo. �' ; . ._ ■M :4 %Ai ( 11� I +lei w,i + Iii,13 ,:. 7 • 1„ ' f� t_ Va - .., = �.,(' '_, 4_—s ue itatt-: Mi.... , IC ,,, I "'"7 b..' 241.-'.:-1"3 ,4,,,.1.'..-.; ',''',,. . , 1 iii- LI _i 1 1j, I 1-... .. -wz ..C• " ■ - x 3 A !7 T r. Fi Cu h,,,,\ ...,ter. Galena fit.` fD t• y sg ,. i ti., K. �` W 1• N �, N - (J1 A. cn N �:: ' ' .: _lr_ll ll ^: O r C0 r 3 3 0? FP' f7- a• d< C a 0! 1 ;r w- rrr . m - o m V N — H ? W N r-; � W (CT l0 W . W m of fi. cn N ko 0- — �16 I Qrt fmD 60!II Cr CD W rn a = ON _ 1' ; 4 1 m ' a �? `D 1 , al ,--t- , a p ' I .1] -P N . LI` l0 I - , CO 4 ''' N • FD i q ? m• 4-*r W a 1 al I-4 . v "..Iii vi r - N V N :c... IJI P .1 :::I_A. i 711 m p 1p rt fl- i ILI CD Q 11/ CDD A n` ll I a N W I N U`.).- 1 W N . cn 5* . - rt DI w CO 1 N LO II I Cr � N �• y,r SV N C v O) - 1O 2 a. . 6 rt N M 61> 3 q • Bum