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HomeMy WebLinkAboutExhibit B_Subdivision ReviewExhibit B Subdivision Review 26.480.040. General subdivision review standards. All subdivisions shall be required to conform to the following general standards and limitations in addition to the specific standards applicable to each type of subdivision: A. Guaranteed Access to a Public Way. All subdivided lots must have perpetual unobstructed legal vehicular access to a public way. A proposed subdivision shall not eliminate or obstruct legal vehicular access from a public way to an adjacent property. All streets in a Subdivision retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Staff Findings: As proposed Lot 2 will not have legal vehicular access to a public way. A potential roadway/easement is shown but should comment to Aspen Street. Staff does not find this criterion met. B. Alignment with Original Townsite Plat. The proposed lot lines shall approximate, to the extent practical, the platting of the Original Aspen Townsite, and additions thereto, as applicable to the subject land. Minor deviations from the original platting lines to accommodate significant features of the site may be approved. Staff Findings: The reconfigured lots generally follow a more conventional configuration for the development proposed and the existing parcel boundaries. Staff does not support the ‘donut hole’ of lot area proposed as part of lot 1 which is not contiguous with the lot and deviatse drastically from standard lot configuration. Staff does not find this criterion met. C. Zoning Conformance. All new lots shall conform to the requirements of the zone district in which the property is situated, including variations and variances approved pursuant to this Title. A single lot shall not be located in more than one zone district unless unique circumstances dictate. A rezoning application may be considered concurrently with subdivision review. Staff Findings: The development is proposed as a Planned Development and shall meet the dimensions established in any site specific approval since the SKI zone district being requested does not have any dimensional standards. Staff finds this criterion not applicable. Existing Structures, Uses, and Non-Conformities. A subdivision shall not create or increase the non-conformity of a use, structure or parcel. A rezoning application or other mechanism to correct the non-conforming nature of a use, structure, or parcel may be considered concurrently. In the case where an existing structure or use occupies a site eligible for subdivision, the structure need not be demolished and the use need not be discontinued prior to application for subdivision. If approval of a subdivision creates a non-conforming structure or use, including a structure spanning a parcel boundary, such structure or use may continue until recordation of the subdivision plat. Alternatively, the City may accept certain assurance that the non-conformities will be remedied after recordation of the subdivision plat. Such assurances shall be reflected in a development agreement or other legal mechanism acceptable to the City Attorney and may be time-bound or secured with a financial surety. Exhibit B Subdivision Review Staff Findings: The applicant is proposing a four lot subdivision where some of the improvements such building structure spans lot lines below grade, creating a nonconformity. Staff does not find this criterion met. A. Land Subdivision. The division or aggregation of land for the purpose of creating individual lots or parcels shall be approved, approved with conditions, or denied according to the following standards: 1. The proposed subdivision complies with the requirements of Section 26.480.040 – General Subdivision Review Standards. Staff Findings: As currently proposed, staff does not find the application meets the general subdivision review standards with regard to guaranteeing access to a public right of way, creating more traditional lot configurations, or by creating a nonconformity. Staff does not find this criterion met. 2. The proposed subdivision enables an efficient pattern of development that optimizes the use of the limited amount of land available for development. Staff Findings: The subdivision does not create an efficient pattern of development as the building improvements proposed still cross lot lines and access to the lots is somewhat limited. Staff does not find this criterion met. 3. The proposed subdivision preserves important geologic features, mature vegetation, and structures or features of the site that have historic, cultural, visual, or ecological importance or contribute to the identity of the town. Staff Findings: The current site is the second portal to access skiing and Aspen Mountain. Historically people have been able to ski down to S. Aspen Street and access the existing lift directly from S. Aspen Street. This proposal, based on how the footprint of the lodge is located, will reduce skier access to/from the ski area from S. Aspen Street but encourage skiers to follow a skier return down towards Dean. Staff is concerned that the skier return, although widened, is still somewhat narrow for the multiples uses in the area (pedestrians, skiers, ski co employees and machinery) and that the historic ski identity of this side of the mountain will be negatively altered. Staff does not find this criterion met. 4. The proposed subdivision prohibits development on land unsuitable for development because of natural or man-made hazards affecting the property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock falls, rock slides, mining activity including mine waste deposit, avalanche or snowslide areas, slopes in excess of 30%, and any other natural or man-made hazard or condition that could harm the health, safety, or welfare of the community. Affected areas may be accepted as suitable for development if adequate mitigation techniques acceptable to the City Engineer are proposed in compliance with Title 29 – Engineering Design Standards. Conceptual plans for mitigation techniques may be accepted with specific design details and timing of implementation addressed through a Development Agreement pursuant to Chapter 26.490 – Approval Documents. Exhibit B Subdivision Review Staff Findings: The Applicant is proposing to mitigate potential hazards through engineering techniques. A condition to this effect will be included in the draft resolution. Staff finds this conditionally met. 5. There has been accurate identification of engineering design and mitigation techniques necessary for development of the proposed subdivision to comply with the applicable requirements of Municipal Code Title 29 – Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined and documented within a Development Agreement. Staff Findings: Currently, the engineering department has noted that the proposal does not meet certain standards such as the required width of the cul-de-sac and other design features of the cul-de-sac including the transit stop and the need for sidewalks. The drainage proposed does not currently work with other drainage plans along the S. Aspen Street corridor. Staff does not find this criterion met. 6. The proposed subdivision shall upgrade public infrastructure and facilities necessary to serve the subdivision. Improvements shall be at the sole cost of the developer. Staff Findings: The applicant has represented that all infrastructure cost will be born by the applicant. A condition to this effect will be included in the draft resolution. Staff finds this criterion conditionally met. 7. The proposed subdivision is exempt from or has been granted all growth management approvals pursuant to Chapter 26.470 – Growth Management Quota System, including compliance with all affordable housing requirements for new and replacement development as applicable. Staff Findings: The applicant is requesting growth management approvals in conjunction with the subdivision request. Applicant represents that all growth management requirements will be met. A condition to this effect will be included in the draft resolution. Staff finds this criterion conditionally met. 8. The proposed subdivision meets the School Land Dedication requirements of Chapter 26.620 and any land proposed for dedication meets the criteria for land acceptance pursuant to said Chapter. Staff Findings: The applicant proposes to meet the school lands dedication with a fee-in-lieu payment. Any payment will be calculated and assessed with the submission of a building permit. A condition to this effect will be included in any ordinance. Staff finds this criterion to be conditionally met. 9. A Subdivision Plat shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 – Approval Documents. Exhibit B Subdivision Review Staff Findings: If approved, a plat meeting the city’s requirements shall be required to be recorded. A condition to this effect will be included in the draft resolution. Staff finds this criterion to be conditionally met. 10. A Development Agreement shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 – Approval Documents. Staff Findings: If approved, a development agreement meeting the city’s requirements shall be required to be recorded. A condition to this effect will be included in any approval ordinance. Staff finds this criterion to be conditionally met. B. Vehicular Rights-of-Way. The dedication, boundary alteration, realignment, or any partial or whole vacation of a Street, Alley, or other vehicular right-of-way serving more than one parcel, shall be approved, approved with conditions, or denied according to the following standards: Figure 1: Rights of way proposed to be vacated 1. The proposed change maintains or improves the public health, safety, and welfare of the community and is in the best interests of the City of Aspen. Exhibit B Subdivision Review Staff Findings: The applicant requests vacation of three rights of way: a portion of Hill Street, all of Summit Street and a portion of S. Aspen Street. The engineering department does not support the vacation of the rights-of-way, as the need for them in the future is unknown and Hill Street is an important utility corridor for water and electric. Historic skier access to S. Aspen Street will be greatly limited by the vacation of part of that right-of-way. Currently staff does not see vacation of the rights-of-way to be in the best interest of the city, as the proposed site plan limits pedestrian access options to the mountain and limits lift access from the street by moving the lift location uphill. Staff does not find this criterion met. 2. The proposed change to the public rights-of-way maintains or improves safe physical and legal access from a public way to all adjacent properties and shall not restrict the ability for a property to develop by eliminating or hindering access. Redundant access, such as a primary street access plus alley access, is preferred. Staff Findings: As proposed, the cul-de-sac does not meet the design standards of the city. Due to the configuration of the new lots access not improved for every lot. Staff does not find this criterion met. 3. The design of the proposed change complies with Municipal Code Title 29 – Engineering Design Standards and is consistent with applicable adopted policies, plans, and approved projects for the area (such as a highway access policy, an approved development project, an infrastructure plan, a trails plan, an improvement district plan, and the like). Staff Findings: As mentioned previously, the engineering department does not support the request to vacate the rights of way, as the need for them in the future is unknown and Hill Street is an important utility corridor for water and electric. Staff does not find this criterion met. 4. The proposed change maintains or improves normal traffic circulation, traffic control capabilities, access by emergency and service vehicles, pedestrian and bike connections, drainage infrastructure, street and infrastructure maintenance needs, and normal operating needs of the City including snow removal. Staff Findings: A cul-de-sac would be an improvement to the way the street currently terminates; however, the proposed rights-of-way vacation negatively impacts existing utilities and historic access to the mountain. Staff does not find this criterion met. 5. For all new rights-of-way and physical changes to existing rights-of-way, the applicant shall design and construct the proposed right-of-way improvements according to the design and construction standards of the City Engineer. Upon completion, the right-of-way improvements shall be subject to inspection and acceptance by the City Engineer. The City may require a performance warranty. The requirements of this criterion shall be reflected in a Development Agreement. Staff Findings: The city’s engineering department has stated that the proposed cul-de–sac does not meet the sizing requirement of the city. 6. For partial or full vacation of existing rights-of-way, the applicant shall demonstrate the right-of-way, or portion thereof, has no current or future use to the community as a vehicular way, pedestrian or bike way, utility corridor, drainage corridor, or recreational Exhibit B Subdivision Review connection due to dimensions, location, topography, existing or proposed development, or other similar circumstances. The City shall consider whether the interests of the applicant and the City can be achieved through a “closure” of the right-of-way. Staff Findings: Staff does not support the vacation of Hill Street as city utilities are located within the right-of-way. The portion of S. Aspen Street proposed for vacation is currently used by pedestrians and skiers to access the mountain. Staff currently finds that these rights-of -way serve a community purpose and that this criterion has not been met. 7. A Right-of-Way Dedication/Vacation Plat shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 – Approval Documents. The plat shall demonstrate how the lands underlying vacated rights-of-way shall accrue to adjacent parcels in compliance with State Statute. Staff Findings: If approved, a vacation plat meeting the city’s requirements shall be required to be recorded. A condition to this effect shall be included in any approval ordinance. Staff finds this criterion to be conditionally met. 8. A Development Agreement shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 – Approval Documents. This requirement may be waived if no right-of-way construction is proposed. Staff Findings: If approved, a development agreement meeting the city’s requirements shall be required to be recorded specifically outlining any conditions of the vacation and the entire project. A condition to this effect shall be included in any approval ordinance. Staff finds this criterion to be conditionally met.