Loading...
HomeMy WebLinkAboutcoa.lu.ca.Subdivision AHU PUD.A116-01A116-01 Subdivision Code Amendments- AH-PUD Subdivision W/o GMQS CI CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY A116-01 Subdivision Code Amendments- AH-PUD Subdivision w/o Chris Bendon Code Amendment City of Aspen Community Development Department 12/17/01 Ordinance 44-2001 Approved 12/18/01 J. Lindt PARCEL ID: DATE RCVD: 12/17/01 # COPIES:f— CASE NO A116-01 CASE NAME:lSubdivision Code Amendments- AH-PUD Subdivision w/o GMQS PLNR: Chris Bendon -11 PROJ ADDR: ICASE TYP: Code Amendment STEPS. ;;4 OWN/APP: City of Aspen Comm ADRI 17 S. Galena St. C/S/Z: Aspen/CO/81611 PHN: REP: F ADR: C/Sal W.. PHN' FEES DUE:j FEES RCVD: STAT: REFERRALS REF: BYl� DUE: MTG DATE REV BODY PH NOTICED , F— F— SATE OF FINAL ACTION: 12/17/01 REMARKS CITY COUNCIL: Ordinance 442001 �.. PZ: CLOSED: 12/18101 BY: J Lindt BOA: DRAC: PLAT SUBMITD: 1 PLAT (BK,PG):�— ADMINIApproved M ft MEMORANDUM V1 I I io TO: Mayor Klanderud and City Council THRU: John Worcester, City Attorney Julie Ann Woods, Community Development Director FROM: Chris Bendon, Senior PlannerC�m RE: Subdivision Code Amendment — 2°" Reading of Ordinance No. 44, 2001 Subdivision approval prior to Growth Management approval DATE: December 17, 2001 SUMMARY: Currently, the Subdivision regulations require an allotment or exemption from GMQS be acquired prior to, or in conjunction with, the review for Subdivision approval. Subdivision has been the primary trigger for the City's growth management system although other methods have been incorporated into the code since the original adoption of growth management. The City Council and the Planning and Zoning Commission recently (September 26cn) discussed this issue at a joint work session in relation to a request by the Villas of Aspen Condominium Association. The two Boards directed staff to initiate a code amendment to allow for the division of land prior to obtaining growth management approvals for land zoned for affordable housing. This change will allow larger properties to be subdivided and rezoned to the Affordable Housing — Planned Unit Development Zone District. A new owner of that parcel would be required to proceed through the Planned Unit Development process and the process of obtaining growth management approvals. Public hearings would be required at both Planning and Zoning Commission and with the City Council. Staff believes this amendment is consistent with the Goals and Objectives of the Aspen Area Community Plan and the direction given during the joint work session. Sufficient public involvement would be maintained through the PUD process. And, any subsequent rezoning action would require approvals from the Planning and Zoning Commission and City Council. The Planning and Zoning Commission reviewed this code amendment and recommended approval by a 6-1 vote. Their Resolution is attached. Staff recommends approval of Ordinance No. 44, Series of 2001. MAIN ISSUES: The lack of a development plan may place officials in an awkward role with neighbors who are publicly noticed for a pending land use decision with no actual site specific plan being proposed. This is similar to the majority of subdivision approval processes around the country. Public hearings for conceptual and final PUD Plan approval would be required prior to development and staff believes significant opportunity for neighbor involvement is maintained through this process. The issue of an unknown future affordable housing project must be handled during the actual subdivision process and weighed with the benefits of zoning land for affordable housing. The Subdivision approval criteria are sufficient to understand the capabilities of the property and the ability to serve the property with necessary utilities. Having no specific development proposal does not necessarily limit staff's ability to determine if the property can be served, it only limits the analysis to that basic threshold — can it be served. The applicant would be required to demonstrate the capability of serving the parcel but not designing an actual utility plan. More detailed plans are required for PUD approval. Staff does not believe these issues suggest the amendment is flawed. In fact, the amendment may facilitate private sector affordable housing projects — a stated goal of the AACP. APPLICANT: City of Aspen. PREVIOUS ACTION: The Planning and Zoning Commission adopted Resolution 44, Series of 2001, recommending approval (6-1) of this amendment in the exact language proposed in the draft Ordinance. This concept was discussed at a joint work session between the City Council and the Planning and Zoning Commission on September 26, 2001. REVIEW PROCEDURE: Text Amendment. At a duly noticed public hearing, City Council shall approve, approve with conditions, or deny the application. STAFF COMMENTS: The Planning and Zoning Resolution shows the proposed changes to the Subdivision section and highlights the amendments as follows: Cross -out text is proposed for removal. Underlined text is proposed for addition. Regular text indicates no changes. The proposed Ordinance shows the language in plain text, the manner in which it is intended to appear in the Land Use Code. RECOMMENDATION: Staff recommends adoption of Ordinance No. 44, Series of 2001. RECOMMENDED MOTION: "I move to adopt Ordinance No. 44, Series of 2001." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Comments Exhibit B -- Planning and Zoning Resolution and Minutes C:\home\Chris\CASES\Sub_no_GMQS\CC_memo.doc 2 0 Exhibit A Subdivision Amendments STAFF COMMENTS: Text Amendment Section 26.312.040, Standards Applicable to a Land Use Code Text Amendment In reviewing an amendment to the text of this Title, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: The proposed code amendment intends to simplify the subdivision process and allow for vacant parcels zoned affordable housing to be created prior to growth management approval. Significant public input opportunity is maintained with this process and staff does not believe any conflicts are created with adoption of this language. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: Staff believes these changes to the Subdivision requirements are supported by the AACP. Private sector development of affordable housing is a stated goal of the community and this process is a way to implement this goal. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: This amendment is not specific to a site and actual development will need to demonstrate adjacent compatibility prior to plan approval in the PUD process. D. The effect of the proposed amendment on traffic generation and road safety. E. 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 facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. staff comments page 1 Staff Finding: This amendment is not specific to a site and actual development will need to demonstrate its effects on traffic generation, road safety, infrastructure impacts, and impacts on the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: Allowing greater opportunity for the private sector to realize public goals is consistent with the community character. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: This amendment is not specific to a parcel. The proposed amendment is the result of a work session with policy makers in which policy changes specific to this issue were discussed. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding: This proposed amendment does not pose any conflicts with the public interest. The AACP reflects a community desire for affordable housing opportunities within established neighborhoods. The community has favored private sector solutions as a component of reaching community goals. This amendment achieves this goal. Staff believes this Ordinance will promote the purpose and intent of this Title. This Ordinance promotes the permanent community by emphasizing employee housing opportunities for working residents. C:\home\Chris\CASES\Sub_no_GMQS\PZ_EX_A.DOC staff comments page 2 RESOLUTION NO.44 (SERIES OF 2001) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, RECOMMENDING AMENDMENTS TO THE SUBDIVISION STANDARDS AND PROHIBITIONS, SECTIONS 26.480.020 AND 26.480.050 OF THE LAND USE CODE. WHEREAS, the City Council and the Planning and Zoning Commission of the City of Aspen directed the Planning Director of the Community Development Department to propose amendments to the Subdivision standards to allow for the subdivision of land prior to obtaining growth management allotments or exemptions for the purpose of creating land for future affordable housing projects consistent with the Affordable Housing -Planned Unit Development Zone District; and, WHEREAS, the amendments requested relate to Sections 26.480.020 and 26.480.050 of 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 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 Planning Director recommended approval of amendments to Sections 26.480.020 and 26.480.050 of the land use code of the Aspen Municipal Code as described herein; and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed amendments to the Subdivision requirements on November 6, 2001, took and considered public testimony and the recommendation of the Planning Director and recommended, by a six to one (6-1) vote, City Council adopt the proposed amendments to the land use code by amending the text of Sections 26.480.020 and 26.480.050 of the land use code of the Aspen Municipal Code as described herein. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.480.020, Subdivision Applicability and Prohibitions, which section defines, authorizes, and regulates the types of land use actions requiring subdivision approval and those actions which may not be approved as a subdivision, by striking and adding, denoted by strike and add, language to the Land Use Code as follows: 26.480.020 Applicability and prohibitions. This Chapter shall apply to the subdivision of all land in the City of Aspen, unless it is exempted pursuant to Section 26.480.030. A. General prohibitions. 1. It shall be unlawful for any person to develop, lease, or sell any parcel of land, including any separate interest in a parcel of land (including leasehold interest or condominium interest) in the City of Aspen until it has been subdivided and a plat recorded in the office of the Pitkin County Clerk and Recorder pursuant to the terms of this Chapter. 2. A written agreement to sell or lease an interest in a parcel of land which is expressly conditioned upon full compliance by the seller with this Chapter within a specified period of time, and which expressly recites that seller's failure to satisfy such condition within said period of time shall terminate the agreement and entitle the buyer to the prompt return of all consideration paid by the buyer, shall not constitute a violation of this Chapter. B. Development allotment. No development order for a subdivision shall be approved pursuant to the provisions of this Chapter unless the applicant has been awarded a development allotment or has obtained a GMQS exemption pursuant to Chapter 26.470, Growth Management Quota System. Subdivisions of land zoned Affordable Housing Planned Unit Development (AH-PUD) are exempt from this prohibition. C. Prohibited conveyances. No interest in a parcel of land shall be transferred, conveyed, sold, subdivided or acquired to create or extend a nonconformity, or to avoid or circumvent any provision of this Chapter. D. Prohibited development. All structures shall be located on a subdivision lot. The lot lines established in a subdivision shall not be altered by conveyance of a part of a lot, nor shall any part of a lot be joined with a part of any other lot for conveyance or construction, unless the application has been made pursuant to the terms of this Chapter. E. Aspen Townsite lots. If two (2) or more lots within the original Aspen Townsite or additions thereto have continuous frontage and are in single ownership (including husband and wife) on October 27, 1975, the lots shall be considered an undivided lot for the purposes of this Title, and conveyance of any portion shall constitute subdivision. An Aspen Townsite lot or addition thereto includes all lands depicted on the Aspen incorporation plat of record, dated 1880, plus any lot or parcel annexed to the city since that time which constitutes a nonconforming lot of record, plus any lot or parcel which has not received subdivision approval by the City of Aspen or Pitkin County, but excludes any subdivided lot in the City of Aspen which conforms to the requirements of this Title. Planning and Zoning Commission Resolution 44, Series of 2001 Page 2 r� n Section 2: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.480.050, Subdivision Review Standards, which Section defines the standards and criteria which must be found met for approval of a subdivision, by striking and adding, denoted by she and add, language to the Land Use Code as follows: 26.480.050 Review Standards. A development application for subdivision review shall comply with the following standards and requirements: A. General requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. c. The proposed subdivision shall not adversely affect the future development of surrounding areas. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. B. Suitability of land for subdivision. a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. Planning and Zoning Commission Resolution 44, Series of 2001 Page 3 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. D. Affordable housing_ A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. E. E�School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. F. Growth Management Approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Section 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining_ growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. Section 3• Pursuant to Section 26.310.050 of the Municipal Code, the adoption of this resolution by the Planning and Zoning Commission shall not be considered a pending ordinance. APPROVED by the Commission during a public hearing on November 6, 2001. APPROVED AS TO FORM: City Attorney ATTEST: J ckie Lothian, Deputy City Clerk PLANNING AND ZONING COMMISSION: �aS�� � I/L6/ Jasmine Tygre, Chair C:\home\Chris\CASES\Sub-nO-GMQS\PZ-Reso.doc Planning and Zoning Commission Resolution 44, Series of 2001 Page 4 0 0 V� kt �A �- t> ASPEN PLANNING & ZONING COMMISSION - Minutes -November 6, 2001"W PUBLIC HEARING: LAND USE CODE AMENDMENTS TO SECTION 26.480, SUBDIVISION — WITHOUT GMOS Jasmine Tygre opened the public hearing and David Hoefer stated the notice was received. Chris Bendon explained this code amendment originally came in from the Villas of Aspen, which the process would allow subdivision of land prior to going through Growth Management. Bendon stated that there were several options from the work session of a range of the process. Typically there would be a subdivision packaged with the rezoning, Growth Management and PUD. There were 3 options, the selected option, which would allow a property zoned AH/PUD to go through a subdivision process prior to any Growth Management Allotments; . would allow a conceptual PUD to go through a subdivision process prior to any Growth Management Allotments . no change the process at all. Bendon stated that there were larger pieces of land with clear development potential that would have significant value with this code amendment. Bendon said that the changes were actually minimal with sections that described prohibited subdivisions; language was included for exemption. Joyce Ohlson stated that there was more of a distinct line between subdivision and PUD; looking for a more conceptual development at first. Bendon explained that the first conceptual would provide enough information to make a decision. David Hoefer stated that it did not guarantee development rights because there would still have to have an application made to the city. No public comments. MOTION: Bert Myrin moved to approve P&Z Resolution #01-44 recommending approval of the Subdivision amendments creating a process to subdivide land for affordable housing prior to Growth Management approval. Eric Cohen seconded. Roll Call vote: Haneman, yes; Erickson, yes; Kruger, yes; Myrin, no; Cohen, yes; Blaich, yes; Tygre, yes. APPROVED 6-1. Meeting adjourned at 6:55 pm. Jackie Lothian, Deputy City Clerk • • MEMORANDUM TO: Mayor Klanderud and City Council THRU: John Worcester, City Attorney Julie Ann Woods, Community Developrirenf Director FROM: Chris Bendon, Senior UAW, RE: Subdivision Code Amendment —1" Reading of Ordinance No. 2001 Subdivision approval prior to Growth Management approval DATE: November 26, 2001 SUMMARY: Currently, the Subdivision regulations require an allotment or exemption from GMQS be acquired prior to, or in conjunction with, the review for Subdivision approval. Subdivision has been the primary trigger for the City's growth management system although other methods have been incorporated into the code since the original adoption of growth management. The City Council and the Planning and Zoning Commission recently (September 26`n) discussed this issue at a joint work session in relation to a request by the Villas of Aspen Condominium Association. The two Boards directed staff to initiate a code amendment to allow for the division of land prior to obtaining growth management approvals for land zoned for affordable housing. This change will allow larger properties to be subdivided and rezoned to the Affordable Housing — Planned Unit Development Zone District. A new owner of that parcel would be required to proceed through the Planned Unit Development process and the process of obtaining growth management approvals. Public hearings would be required at both Planning and Zoning Commission and with the City Council. Staff believes this amendment is consistent with the Goals and Objectives of the Aspen Area Community Plan and the direction given during the joint work session. Sufficient public involvement would be maintained through the PUD process. And, any subsequent rezoning action would require approvals from the Planning and Zoning Commission and City Council. The Planning and Zoning Commission reviewed this code amendment and recommended approval by a 6-1 vote. Their Resolution is attached. Staff recommends approval of Ordinance No.4, Series of 2001, upon first reading. MAIN ISSUES: The lack of a development plan may place officials in an awkward role with neighbors who are publicly noticed for a pending land use decision with no actual site specific plan being proposed. This is similar to the majority of subdivision approval processes around the country. Public hearings for conceptual and final PUD Plan approval would be required prior to development and staff believes significant opportunity for neighbor involvement is maintained through this process. The issue of an unknown future affordable housing project must be handled during the actual subdivision process and weighed with the benefits of zoning land for affordable housing. The Subdivision approval criteria are sufficient to understand the capabilities of the property and the ability to serve the property with necessary utilities. Having no specific development proposal does not necessarily limit staff's ability to determine if the property can be served, it only limits the analysis to that basic threshold — can it be served. The applicant would be required to demonstrate the capability of serving the parcel but not designing an actual utility plan. More detailed plans are required for PUD approval. Staff does not believe these issues suggest the amendment is flawed. In fact, the amendment may facilitate private sector affordable housing projects — a stated goal of the AACP. APPLICANT: City of Aspen. PREVIOUS ACTION: The Planning and Zoning Commission adopted Resolution 44, Series of 2001, recommending approval (6-1) of this amendment in the exact language proposed in the draft Ordinance. This concept was discussed at a joint work session between the City Council and the Planning and Zoning Commission on September 26, 2001. REVIEW PROCEDURE: Test Amendment. At a duly noticed public hearing, City Council shall approve, approve with conditions, or deny the application. STAFF COMMENTS: The Planning and Zoning Resolution shows the proposed changes to the Subdivision section and highlights the amendments as follows: Cross -out text is proposed for removal. Underlined text is proposed for addition. Regular text indicates no changes. The proposed Ordinance shows the language in plain text, the manner in which it is intended to appear in the Land Use Code. RECOMMENDATION: Staff recommends adoption of Ordinance No. _, Series of 2001, upon first reading. RECOMMENDED MOTION: "I move to adopt Ordinance No. , Series of 2001, upon first reading." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Comments Exhibit B -- Planning and Zoning Resolution C:\home\Chris\CASES\Sub_no_GMQS\CC_memo.doc 2 ORDINANCE NO. 4 (SERIES OF 2001) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING AN AMENDMENT TO THE SUBDIVISION STANDARDS AND PROHIBITIONS, SECTIONS 26.480.020 AND 26.480.050 OF THE LAND USE CODE. WHEREAS, the City Council and the Planning and Zoning Commission of the City of Aspen directed the Planning Director of the Community Development Department to propose amendments to the Subdivision standards to allow for the subdivision of land prior to obtaining growth management allotments or exemptions for the purpose of creating land for future affordable housing projects consistent with the Affordable Housing -Planned Unit Development Zone District; and, WHEREAS, the amendments requested relate to Sections 26.480.020 and 26.480.050 of 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 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 Planning Director recommended approval of amendments to Sections 26.480.020 and 26.480.050 of the land use code of the Aspen Municipal Code as described herein; and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed amendments to the Subdivision requirements on November 6, 2001, took and considered public testimony and the recommendation of the Planning Director and recommended, by a six to one (6-1) vote, City Council adopt the proposed amendments to the land use code by amending the text of Sections 26.480.020 and 26.480.050 of the land use code of the Aspen Municipal Code as described herein; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the proposed text amendments to the Subdivision prohibitions and standards meet or exceed all applicable standards and that the approval of the proposal 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 as follows: • Section 1 Section 26.480.020, Subdivision Applicability and Prohibitions, which section defines, authorizes, and regulates the types of land use actions requiring subdivision approval and those actions which may not be approved as a subdivision, is hereby amendment to read as follows: 26.480.020 Applicability and prohibitions. This Chapter shall apply to the subdivision of all land in the City of Aspen, unless it is exempted pursuant to Section 26.480.030. A. General prohibitions. 1. It shall be unlawful for any person to develop, lease, or sell any parcel of land, including any separate interest in a parcel of land (including leasehold interest or condominium interest) in the City of Aspen until it has been subdivided and a plat recorded in the office of the Pitkin County Clerk and Recorder pursuant to the terms of this Chapter. 2. A written agreement to sell or lease an interest in a parcel of land which is expressly conditioned upon full compliance by the seller with this Chapter within a specified period of time, and which expressly recites that seller's failure to satisfy such condition within said period of time shall terminate the agreement and entitle the buyer to the prompt return of all consideration paid by the buyer, shall not constitute a violation of this Chapter. B. Development allotment. No development order for a subdivision shall be approved pursuant to the provisions of this Chapter unless the applicant has been awarded a development allotment or has obtained a GMQS exemption pursuant to Chapter 26.470, Growth Management Quota System. Subdivisions of land zoned Affordable Housing Planned Unit Development (AH-PUD) are exempt from this prohibition. C. Prohibited conveyances. No interest in a parcel of land shall be transferred, conveyed, sold, subdivided or acquired to create or extend a nonconformity, or to avoid or circumvent any provision of this Chapter. D. Prohibited development. All structures shall be located on a subdivision lot. The lot lines established in a subdivision shall not be altered by conveyance of a part of a lot, nor shall any part of a lot be joined with a part of any other lot for conveyance or construction, unless the application has been made pursuant to the terms of this Chapter. E. Aspen Townsite lots. If two (2) or more lots within the original Aspen Townsite or additions thereto have continuous frontage and are in single ownership (including husband and wife) on October 27, 1975, the lots shall be considered an undivided lot for the purposes of this Title, and conveyance of any portion shall constitute subdivision. An Aspen Townsite lot or addition thereto includes all lands depicted on the Aspen incorporation plat of record, dated 1880, plus any lot or parcel annexed to the city since that time which constitutes a Ordinance No. _, Series of 2001 Page 2 0 C] nonconforming lot of record, plus any lot or parcel which has not received subdivision approval by the City of Aspen or Pitkin County, but excludes any subdivided lot in the City of Aspen which conforms to the requirements of this Title. Section 2• Section 26.480.050, Subdivision Review Standards, which Section defines the standards and criteria which must be found met for approval of a subdivision, is hereby amended to read as follows: 26.480.050 Review Standards. A development application for subdivision review shall comply with the following standards and requirements: A. General requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. c. The proposed subdivision shall not adversely affect the future development of surrounding areas. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. B. Suitability of land for subdivision. a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Ordinance No. _, Series of 2001 Page 3 Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. F. Growth Management Approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Section 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. Section 3• This Ordinance shall not effect 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. Section 4• 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 provision and shall not affect the validity of the remaining portions thereof. Section 5• That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Section 6• A public hearing on the Ordinance shall be held on the _th day of December2001, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. Ordinance No. _, Series of 2001 Page 4 ,7 • INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26th day of November, 2001. Attest: Kathryn S. Koch, City Clerk Helen K. Klanderud, Mayor FINALLY, adopted, passed and approved this day of , 2001. Attest: Kathryn S. Koch, City Clerk Helen K. Klanderud, Mayor Approved as to form: City Attorney Ordinance No. _, Series of 2001 Page 5 Exhibit A Subdivision Amendments STAFF COMMENTS: Text Amendment Section 26.312.040, Standards Applicable to a Land Use Code Text Amendment In reviewing an amendment to the text of this Title, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: The proposed code amendment intends to simplify the subdivision process and allow for vacant parcels zoned affordable housing to be created prior to growth management approval. Significant public input opportunity is maintained with this process and staff does not believe any conflicts are created with adoption of this language. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: Staff believes these changes to the Subdivision requirements are supported by the AACP. Private sector development of affordable housing is a stated goal of the community and this process is a way to implement this goal. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: This amendment is not specific to a site and actual development will need to demonstrate adjacent compatibility prior to plan approval in the PUD process. D. The effect of the proposed amendment on traffic generation and road safety. E. 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 facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. staff comments page 1 Staff Finding: This amendment is not specific to a site and actual development will need to demonstrate its effects on traffic generation, road safety, infrastructure impacts, and impacts on the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: Allowing greater opportunity for the private sector to realize public goals is consistent with the community character. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: This amendment is not specific to a parcel. The proposed amendment is the result of a work session with policy makers in which policy changes specific to this issue were discussed. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding: This proposed amendment does not pose any conflicts with the public interest. The AACP reflects a community desire for affordable housing opportunities within established neighborhoods. The community has favored private sector solutions as a component of reaching community goals. This amendment achieves this goal. Staff believes this Ordinance will promote the purpose and intent of this Title. This Ordinance promotes the permanent community by emphasizing employee housing opportunities for working residents. C:\home\Chris\CASES\Sub—no—GMQS\PZ—EX—A.DOC staff comments page 2 RESOLUTION NO.44 (SERIES OF 2001) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, RECOMMENDING AMENDMENTS TO THE SUBDIVISION STANDARDS AND PROHIBITIONS, SECTIONS 26.480.020 AND 26.480.050 OF THE LAND USE CODE. WHEREAS, the City Council and the Planning and Zoning Commission of the City of Aspen directed the Planning Director of the Community Development Department to propose amendments to the Subdivision standards to allow for the subdivision of land prior to obtaining growth management allotments or exemptions for the purpose of creating land for future affordable housing projects consistent with the Affordable Housing -Planned Unit Development Zone District; and, WHEREAS, the amendments requested relate to Sections 26.480.020 and 26.480.050 of 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 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 Planning Director recommended approval of amendments to Sections 26.480.020 and 26.480.050 of the land use code of the Aspen Municipal Code as described herein; and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed amendments to the Subdivision requirements on November 6, 2001, took and considered public testimony and the recommendation of the Planning Director and recommended, by a six to one (6-1) vote, City Council adopt the proposed amendments to the land use code by amending the text of Sections 26.480.020 and 26.480.050 of the land use code of the Aspen Municipal Code as described herein. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.480.020, Subdivision Applicability and Prohibitions, which section defines, authorizes, and regulates the types of land use actions requiring subdivision approval and those actions which may not be approved as a subdivision, by striking and adding, denoted by stye and add, language to the Land Use Code as follows: 26.480.020 Applicability and prohibitions. This Chapter shall apply to the subdivision of all land in the City of Aspen, unless it is exempted pursuant to Section 26.480.030. A. General prohibitions. 1. It shall be unlawful for any person to develop, lease, or sell any parcel of land, including any separate interest in a parcel of land (including leasehold interest or condominium interest) in the City of Aspen until it has been subdivided and a plat recorded in the office of the Pitkin County Clerk and Recorder pursuant to the terms of this Chapter. 2. A written agreement to sell or lease an interest in a parcel of land which is expressly conditioned upon full compliance by the seller with this Chapter within a specified period of time, and which expressly recites that seller's failure to satisfy such condition within said period of time shall terminate the agreement and entitle the buyer to the prompt return of all consideration paid by the buyer, shall not constitute a violation of this Chapter. B. Development allotment. No development order for a subdivision shall be approved pursuant to the provisions of this Chapter unless the applicant has been awarded a development allotment or has obtained a GMQS exemption pursuant to Chapter 26.470, Growth Management Quota System. Subdivisions of land zoned Affordable Housing Planned Unit Development (AH-PUD) are exempt from this prohibition. C. Prohibited conveyances. No interest in a parcel of land shall be transferred, conveyed, sold, subdivided or acquired to create or extend a nonconformity, or to avoid or circumvent any provision of this Chapter. D. Prohibited development. All structures shall be located on a subdivision lot. The lot lines established in a subdivision shall not be altered by conveyance of a part of a lot, nor shall any part of a lot be joined with a part of any other lot for conveyance or construction, unless the application has been made pursuant to the terms of this Chapter. E. Aspen Townsite lots. If two (2) or more lots within the original Aspen Townsite or additions thereto have continuous frontage and are in single ownership (including husband and wife) on October 27, 1975, the lots shall be considered an undivided lot for the purposes of this Title, and conveyance of any portion shall constitute subdivision. An Aspen Townsite lot or addition thereto includes all lands depicted on the Aspen incorporation plat of record, dated 1880, plus any lot or parcel annexed to the city since that time which constitutes a nonconforming lot of record, plus any lot or parcel which has not received subdivision approval by the City of Aspen or Pitkin County, but excludes any subdivided lot in the City of Aspen which conforms to the requirements of this Title. Planning and Zoning Commission Resolution 44, Series of 2001 Page 2 • Section 2• Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.480.050, Subdivision Review Standards, which Section defines the standards and criteria which must be found met for approval of a subdivision, by striking and adding, denoted by strik and add, language to the Land Use Code as follows: 26.480.050 Review Standards. A development application for subdivision review shall comply with the following standards and requirements: A. General requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. c. The proposed subdivision shall not adversely affect the future development of surrounding areas. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. B. Suitability of land for subdivision. a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. Planning and Zoning Commission Resolution 44, Series of 2001 Page 3 • • 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. E. E,-.—School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. F. Growth Management Approval. Subdivision approval may only be granted to gpplications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Section 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining_ growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney_ Section 3• Pursuant to Section 26.310.050 of the Municipal Code, the adoption of this resolution by the Planning and Zoning Commission shall not be considered a pending ordinance. APPROVED by the Commission during a public hearing on November 6, 2001. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chair C:\home\Chris\CASES\Sub—nO—GMQS\PZ—Reso.doc Planning and Zoning Commission Resolution 44, Series of 2001 Page 4 • AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Su 64�I Vlsy(/( li(//& �%/� As de pen, CO SCHEDULED PUBLIC HEARING DATE: / ZZ17101 , 200_ STATE OF COLORADO ) SS. County of Pitkin ) I, '-� ) Q LAA �__ 1 V [ CA J (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least ten (10) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the)public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to"'tie development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. nature The foregoing "Affidavit of Notice" was acknowledged before me this30 day of 200 1, by PUBIJC NOTICE RE: CITY OF ASPEN :.AND USE CODE AMEND- MENTS: SECTION 26.480 SUBDIVISION. NOTICE IS HEREBY GNEN that a public hearing will be held on December 17, 2001, at a meeting to begin at 5:00 P.M. befo-� the Aspen City Coun- cil, Council Chambers, City Hall 130 South Gale- na, Aspen, to consider an application Initiated by the City of Aspen, requesting approval for pro- posed code amendments to Section 26.480, Sub- division. The proposed amendments would amend the land use code to allow for land to be subdivided for affordable housing projects with- out first having to obtain a Growth Management Quota System Exemption. For further Information contact Chris Bendon at the Aspen /Pitkin Community Development De- partment, 130 South Galena St., Aspen, CO (970) 920-5072. s/Helen Kalin Klanderud, Mayor . Aspen City Council Published In The Aspen Times on December 1, 2001.(8155) WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 4/.;2,3 /�3 Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE O KWNERS AND GOVERNMENTAL AGENCIES NOTICED B Y MAIL MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Joyce Ohlson, Deputy Directotv�� FROM: Chris Bendon, Senior Planner RE: Subdivision Code Amendment — Public Hearing Provision for Subdivision approval prior to Growth Management approval for creating affordable housing parcels I DATE: November 6, 2001 , , . , , , SUMMARY: Currently, the Subdivision regulations require an allotment or exemption from GMQS be acquired prior to, or in conjunction with, the review for Subdivision approval. Subdivision has been the primary trigger for the City's growth management system although other methods have been incorporated into the code since the original adoption of growth management. The City Council and the Planning and Zoning Commission recently (September 26`h) discussed this issue at a joint work session in relation to a request by the Villas of Aspen Condominium Association. The two Boards directed staff to initiate a code amendment to allow for the division of land prior to obtaining growth management approvals for land zoned for affordable housing. This change will allow larger properties to be subdivided and rezoned to the Affordable Housing — Planned Unit Development Zone District. A new owner of that parcel would be required to proceed through the Planned Unit Development process and the process of obtaining growth management approvals. Public hearings would be required at both Planning and Zoning Commission and with the City Council. Staff believes this amendment is consistent with the Goals and Objectives of the Aspen Area Community Plan and the direction given during the joint work session. Sufficient public involvement would be maintained through the PUD process. And, significant assurance would be provided with the property being zoned affordable housing, as any rezoning action would require approvals from the Planning and Zoning Commission and City Council. Staff recommends the Commission recommend adoption of this code amendment. MAIN ISSUES: Staffs primary concern with Subdividing and Rezoning land with no specific development proposal has been the ability to serve potential development. With no actual plan, it is very difficult for utility agencies and service providers to estimate their ability to serve and difficult for planning staff to assess potential impacts on the • • community in general. However, the Subdivision approval criteria are sufficient to understand the capabilities of the property and the ability to serve the property. The lack of a development plan may also place officials in an awkward role with neighbors who are publicly noticed for a pending land use decision with no actual site specific plan being proposed. This is similar to the majority of subdivision approval processes around the country. Public hearings for conceptual and final PUD Plan approval would be required prior to development and staff believes significant opportunity for neighbor involvement is maintained through this process. The issue of an unknown future affordable housing project must be handled during the actual subdivision process and weighed with the benefits of zoning land for affordable housing. Staff does not believe these issues suggest the amendment is flawed. In fact, the amendment may facilitate private sector affordable housing projects — a stated goal of the AACP. APPLICANT: City of Aspen. PREVIOUS ACTION: The Planning and Zoning Commission has not previously considered this Resolution. This concept was discussed at a joint work session between the City Council and the Planning and Zoning Commission on September 26, 2001. REVIEW PROCEDURE: Text Amendment. At a duly noticed public hearing, the Commission shall recommend by Resolution City Council approve, approve with conditions, or deny the application. STAFF COMMENTS: The Resolution shows the proposed changes to the Subdivision section and highlights the amendments as follows: Cress-ou text is proposed for removal. Underlined text is proposed for addition. Regular text indicates no changes. RECOMMENDATION: Staff recommends the Planning and Zoning Commission ric9mmend approval of the Subdivision amendments as described in Resolution 01- RECOMMENDED MOTION: "I move to approve PZ-Resolution 01 ecommending approval of the Subdivision amendments creating a process to subdivi e land for affordable housing prior to growth management approval." ATTACHMENTS: Exhibit A -- Proposed Resolution Exhibit B -- Review Criteria and Staff Comments C:\home\Chris\CASES\Sub—no—GMQS\PZ—memo.doc 2 RESOLUTION NO � (SERIES OF 2001) A RESOLUTION OF THE PLANING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, RECOMMENDING AMENDMENTS TO THE SUBDIVISION STANDARDS AND PROHIBITIONS, SECTIONS 26.480.020 AND 26.480.050 OF THE LAND USE CODE. WHEREAS, the City Council and the Planning and Zoning Commission of the City of Aspen directed the Planning Director of the Community Development Department to propose amendments to the Subdivision standards to allow for the subdivision of land prior to obtaining growth management allotments or exemptions for the purpose of creating land for future affordable housing projects consistent with the Affordable Housing -Planned Unit Development Zone District; and, WHEREAS, the amendments requested relate to Sections 26.480.020 and 26.480.050 of 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 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 Planning Director recommended approval of amendments to Sections 26.480.020 and 26.480.050 of the land use code of the Aspen Municipal Code as described herein; and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed amendments to the Subdivision requirements on November 6, 2001, took and considered public testimony and the recommendation of the Planning Director and recommended, by a to (_-_) vote, City Council adopt the proposed amendments to the land use code by amending the text of Sections 26.480.020 and 26.480.050 of the land use code of the Aspen Municipal Code as described herein. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.480.020, Subdivision Applicability and Prohibitions, which section defines, authorizes, and regulates the types of land use actions requiring subdivision approval and those actions which may not be approved as a subdivision, by striking and adding, denoted by str-+ke and add, language to the Land Use Code as follows: 26.480.020 Applicability and prohibitions. This Chapter shall apply to the subdivision of all land in the City of Aspen, unless it is exempted pursuant to Section 26.480.030. A. General prohibitions. 1. It shall be unlawful for any person to develop, lease, or sell any parcel of land, including any separate interest in a parcel of land (including leasehold interest or condominium interest) in the City of Aspen until it has been subdivided and a plat recorded in the office of the Pitkin County Clerk and Recorder pursuant to the terms of this Chapter. 2. A written agreement to sell or lease an interest in a parcel of land which is expressly conditioned upon full compliance by the seller with this Chapter within a specified period of time, and which expressly recites that seller's failure to satisfy such condition within said period of time shall terminate the agreement and entitle the buyer to the prompt return of all consideration paid by the buyer, shall not constitute a violation of this Chapter. B. Development allotment. No development order for a subdivision shall be approved pursuant to the provisions of this Chapter unless the applicant has been awarded a development allotment or has obtained a GMQS exemption pursuant to Chapter 26.470, Growth Management Quota System. Subdivisions of land zoned Affordable Housing Planned Unit Development (AH-PUD) are exempt from this prohibition. C. Prohibited conveyances. No interest in a parcel of land shall be transferred, conveyed, sold, subdivided or acquired to create or extend a nonconformity, or to avoid or circumvent any provision of this Chapter. D. Prohibited development. All structures shall be located on a subdivision lot. The lot lines established in a subdivision shall not be altered by conveyance of a part of a lot, nor shall any part of a lot be joined with a part of any other lot for conveyance or construction, unless the application has been made pursuant to the terms of this Chapter. E. Aspen Townsite lots. If two (2) or more lots within the original Aspen Townsite or additions thereto have continuous frontage and are in single ownership (including husband and wife) on October 27, 1975, the lots shall be considered an undivided lot for the purposes of this Title, and conveyance of any portion shall constitute subdivision. An Aspen Townsite lot or addition thereto includes all lands depicted on the Aspen incorporation plat of record, dated 1880, plus any lot or parcel annexed to the city since that time which constitutes a nonconforming lot of record, plus any lot or parcel which has not received subdivision approval by the City of Aspen or Pitkin County, but excludes any subdivided lot in the City of Aspen which conforms to the requirements of this Title. Planning and Zoning Commission Resolution 41 Series of 2001 Page 2 Section 2• Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.480.050, Subdivision Review Standards, which Section defines the standards and criteria which must be found met for approval of a subdivision, by striking and adding, denoted by stye and add, language to the Land Use Code as follows: 26.480.050 Review Standards. A development application for subdivision review shall comply with the following standards and requirements: A. General requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. c. The proposed subdivision shall not adversely affect the future development of surrounding areas. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. B. Suitability of land for subdivision. a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. Planning and Zoning Commission Resolution Series of 2001 Page 3 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. E. &—School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. F. Growth Management Approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained,_ pursuant to Section 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining_ growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. Section 3• Pursuant to Section 26.310.050 of the Municipal Code, the adoption of this resolution by the Planning and Zoning Commission shall not be considered a pending ordinance. APPROVED by the Commission during a public hearing on November 6, 2001. APPROVED AS TO FORM: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk PLANNING AND ZONING COMMISSION: Jasmine Tygre, Chair C:\home\Chris\CASES\Sub_no_GMQS\PZ—Reso.doc Planning and Zoning Commission Resolution Series of 2001 Page 4 Exhibit B Subdivision Amendments STAFF COMMENTS: Text Amendment Section 26.312.040, Standards Applicable to a Land Use Code Text Amendment In reviewing an amendment to the text of this Title, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: The proposed code amendment intends to simplify the subdivision process and allow for vacant parcels zoned affordable housing to be created prior to growth management approval. Significant public input opportunity is maintained with this process and staff does not believe any conflicts are created with adoption of this language. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: Staff believes these changes to the Subdivision requirements are supported by the AACP. Private sector development of affordable housing is a stated goal of the community and this process is a way to implement this goal. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: This amendment is not specific to a site and actual development will need to demonstrate adjacent compatibility prior to plan approval in the PUD process. D. The effect of the proposed amendment on traffic generation and road safety. E. 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 facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. staff comments page 1 • Staff Finding: This amendment is not specific to a site and actual development will need to demonstrate its effects on traffic generation, road safety, infrastructure impacts, and impacts on the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: Allowing greater opportunity for the private sector to realize public goals is consistent with the community character. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: This amendment is not specific to a parcel. The proposed amendment is the result of a work session with policy makers in which policy changes specific to this issue were discussed. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding: This proposed amendment does not pose any conflicts with the public interest. The AACP reflects a community desire for affordable housing opportunities within established neighborhoods. The community has favored private sector solutions as a component of reaching community goals. This amendment achieves this goal. Staff believes this Ordinance will promote the purpose and intent of this Title. This Ordinance promotes the permanent community by emphasizing employee housing opportunities for working residents. C:\home\Chris\CASES\Sub_no—GMQS\PZ—EX—A.DOC staff comments page 2 MEMORANDUM "�((,lvG p( .iZ,\,A befU TO: Madam Mayor and City Council Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director FROM: Chris Bendon, Senior Planner �w RE: Joint Work Session Topic Possible Code Amendment for Subdivision prior to GMQS Allotments DATE: September 25, 2001 SUMMARY: Presently, the Subdivision regulations require an allotment or exemption from GMQS be acquired prior to, or in conjunction with, the review for Subdivision approval. Subdivision has been the primary trigger for the City's growth management system although other methods have been incorporated into the code since the original adoption of growth management. The Villas of Aspen requested an interpretation of the language in the Subdivision section (the underlined text, above), appealed the interpretation to City Council in 2000. This request was seeking a process for creating parcels with no associated growth management allotments whereby the newly created parcel would be for affordable housing. The City Council upheld the Director's interpretation and also requested staff further investigate ways to allow the Subdivision of land and rezoning prior to an applicant gaining development rights through the growth management system. Following are some options for the two Boards to consider. It is apparent that the wishes of this one property owner can be achieved with no changes to the Land Use Code (option #3). Staff is requesting further direction before initiating a code amendment. BACKGROUND: Staff s primary concern with Subdividing and Rezoning land with no specific development proposal is the ability to serve potential development. With no actual plan, it is very difficult for utility agencies and service providers to estimate their ability to serve and difficult for planning staff to assess potential impacts on the community in general. The lack of a development plan also places officials in an awkward role with neighbors who are publicly noticed for a pending land use decision. Officials would be in a position of approving a Subdivision while explaining to neighbors that the actual development plan is an unknown. The obvious desire to define the range of acceptable development then becomes apparent and a new development would be designed in an ad - hoc manner. OPTION #1. Allow for Subdivision without GMQS approval. This would simply allow a property owner to subdivide land with wow44wat rezoning. The land could then be transferred to anew owner for development purposes. "*PV '>_ The downside to this option is the lack of information, as described above. Staff can, however, analyze various development scenarios for the purpose of understanding potential impacts adequate for decision makers. Subdivision and rezoning applications do not need to demonstrate actual development plans. I Creating new parcels without any development rights may also lead to legal "takings" challenges, although this could be dealt with in the subdivision ordinance. OPTION #2: Allow Subdivision and rezoning to occur when Conceptual PUD is approved. — The submission of a Conceptual PUD Plan would include basic site analysis and allow the City to determine if basic services could be provided to the newly created lot(s). Topics such as access, land use, density, and massing could also be defined in a manner acceptable to the Planning and Zoning Commission and City Council. This would also allow neighbors to respond to a proposal rather than a "blank slate." Subdividing and rezoning the land at conceptual would then allow the newly created parcel to be transferred, possibly to a developer who would further the project. Some of the conceptual PUD application requirements might also be lessened to address only basic threshold development issues, such as ability to serve, access, etc. A potential downside to this approach is the possibility of the original applicant and the final applicant having drastically different motivations and/or financial realities. The original applicant may be very willing, for example, to address a certain community concern while the next owner may not have the same motivation. The PUD designation might mitigate some of these concerns by requiring certain items be included in the final application. OPTION #3. No change. The current process allows a developer to represent a property owner and proceed through the PUD process. At the conclusion of the approvals process, the land transfer is finalized and the developer proceeds with the development. This typically occurs when a property owner wants to convey a portion of their land but does not want to be a developer. The Barbee Family PUD is a recent example of this practice. The family negotiated a purchase option with a development group who then gained entitlements for the property. This option also allows for the conveyance of condominiumized land in which the developer obtains a fee interest in the development parcel and then proceeds through the review process. 2 MEMORANDUM 1N31Nd013A30 ulNnmoo NINIld 1 N3dSd TO: Chris Bendon, Aspen Senior Planner 100Z t 7 d3S FROM: Mitch Haas, Haas Land Planning, LLC (13A1303N RE: Possible Code Amendment for Subdivision & Rezoning Prior to GMQS Allotments DATE: September 24, 2001 Here are few thoughts worthy of consideration as to why it would make sense to enable (through Code amendment) a process whereby a property owner could subdivide off a vacant parcel and simultaneously rezone the vacant piece to AH/PUD without first needing to acquire a GMQS exemption or allotment or prepare a development proposal. • The result would involve only the ability to create a vacant lot with no inherent development rights and only one possible way of developing it --- through the AH/PUD review process. • Many lots exist in Pitkin County with no development rights. Such lots are required to apply for GMQS allotments or exemptions, as applicable, prior to development. This system has worked without problem in the County under ANY zoning, and should be encouraged in the City with affordable housing zoning. • The resulting development of the vacant property would ensure a 70% to 30% ratio of affordable housing bedrooms to free market bedrooms; otherwise, the property would likely be developed with either single-family residential use (and an ADU or cash -in -lieu) or at a 60%-40% split. • The public, while maybe not getting all answers at the first level of review (subdivision and rezoning), is afforded a higher level of participation through the need for more public hearings. That is, the typical application includes a public hearing before the P&Z and another before City Council (x2 for conceptual and final). The suggested code amendment would result in public hearings before the P&Z and again before the City Council just for the initial subdivision and rezoning request, later followed by public hearings before both entities for the PUD review (x2 for conceptual and final). Not every answer is needed during the rezoning review: the rezoning review can provide a basic analysis of development potential and site suitability; specific parameters and maximums (i.e., density, height, parking, etc.) can be established during this initial rezoning and subdivision review. Furthermore, the rezoning request can easily be denied if the site is thought to be unsuitable for AH?PUD development. Later, a specific project proposal can be denied, pared down, or • approved subject to conditions during review of the PUD plan --- PUD reviews are inherently open to negotiation. • The need for GMQS allotments or exemptions is in no way avoided; it is simply deferred to the stage where a specific development proposal is being reviewed. The Code amendment would make possible the clear and official designation of sites for the future development of affordable housing. This type of designation would not be simply advisory in nature like suggesting sites in a housing plan or comprehensive plan; rather, the type of affordable housing designation that would be made possible would be official and mandatory. Governments routinely zone sites where they would like to see commercial development accordingly --- so why not do the same for affordable housing? • The review criteria for a rezoning request will ensure consideration as to the appropriateness of AH?PUD zoning for a given location. The foregoing is just a few thoughts on the topic. Please consider these thoughts for either inclusion of this in your memo or forwarding to the participants of Tuesday's work session. Thank you.