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Home My WebLink Aboutordinance.council.013-93 ~1~559~8 ('Z4/]6/95 ~]9:42 Rec $25.00 BK ?08 PG Silvia Oav:i.s~ Pitkin Cn'~y Cle~".k, Doc ORDINANCE 13 (SERIES OF 1993) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, AMENDING CHAPTER 24 OF THE MUNICIPAL CODEr LAND USE REGULATIONS, TO PROVIDE THAT THE PLANNING DIRECTOR MAY APPROVE LOT LINE ADJUSTMENTS AND GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTIONS FOR COMMERCIAL AND OFFICE BUILDING EXPANSIONS IN NET LEASABLE FLOOR AREA OF UP TO 250 SQUARE FEET. WHEREAS, Section 24-7-1103 of the Municipal Code provides that amendments to Chapter 24 of the Code, to wit, "Land Use Regulations", shall be reviewed and recommended for approval by the Planning Director and then by the Planning and Zoning Commission at public hearing, and then approved, approved with conditions, or disapproved by the City Council at public hearing; and WHEREAS, the Planning Director has proposed and recommended for approval text amendments to Chapter 24 relating to Lot Line Adjustments and Growth Management Quota System Exemptions for expansion of existing commercial or office buildings by not more than 250 square feet of net leasable area; and WHEREAS, the Planning and Zoning Commission reviewed the proposed text amendments at a public hearing on February 16, 1993, and recommended approval of the amendments pursuant to the procedure as authorized by Section 24-6-205(A) 8 of the Municipal Code; and WHEREAS, the city Council finds that the proposed text amendments will encourage efficiency in government by streamlining the land use review process and will be consistent with promoting the public welfare and the purposes and intent of Chapter 24 of the Municipal Code. %1....,~9~8 (%z1. t16/9~ 09:42 I:kec ~')"~' Silvia Dav:i.s~ F.i. LL.~n Cr~ty [,l~rl.;.~ Doc $.00 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO: ~ection 1: That Section 24-7-1003(A) (1), "Lot Line Adjustment," of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: "1. Lot Line Adjustment. An adjustment of a lot line between contiguous lots if all the following conditions are met. a. It is demonstrated that the request is to correct an engineering or survey error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels; and b. Ail landowners whose lot lines are being adjusted shall provide written consent to the application; and c. It is demonstrated that the request is to address specific hardship; and d. The corrected plat will meet the standards of this division, .and conform to the requirements of this chapter, including the dimensional requirements of the zone district in which the lots are located, except in cases of an existing nonconforming lot, in which the adjustment shall not increase the nonconformity of the lot; and e. It is demonstrated that the lot line adjustment will not affect the development rights or permitted density of the affected lots by providing the opportunity to create a new lot for resale or development°" Section 2: That Section 24-6-205, "Review of a development application by decision-making bodies", of the Municipal Code of the City of Aspen, Colorado, is hereby amended at subsection (A) (1), "Planning Agency Staff Review", to read as follows: "1. Planning Agency Staff Review: Permitted uses, exemptions 2 ~J55958 04/16/9~ 09:42 Rec $25.00 BK ?~8 PG Silvia Davis~ Pitkin Cn~yC~er~ Doc of development in H, Historic Overlay District and/or of historic landmark, environmentally sensitive areas (ESA), GMQS allotments, and subdivision exemption for a lot line adjustment." Section 3: That Section 24-6-204, "Review of a development application by decision-making bodies'~, of the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding a new subsection (A) (1) (f) to read as follows: "f. Exemption from Subdivision for Lot Line Adjustments. Exemption of development from the terms of subdivision for lot line adjustments shall be granted by the Planning Director pursuant to the terms established in Section 24- 7-1003(A) (1) ." Section 4: That Section 24-7-1003, "Exemptions", of the Municipal Code of the city of Aspen, Colorado, is hereby amended at subsection (B), "Procedure", to read as follows: "B. Procedure. Before any development proposed to be exempted from the terms of this division may be considered for exemption, an application for exemption shall be submitted to the Planning Director. After a determination of completeness pursuant to Section 6-204, the Planning Director may approve, approve with conditions or deny an application for a Lot Line Adjustment. For a Lot Split or Condominium conversion, the Planning Director's recommendation shall be forwarded to the city Council which shall approve, approve with conditions or deny the application at a hearing. An exemption for an approved subdivision shall only require submission of an application for a building permit. An application for a lot split shall require a public hearing." Section 5 That Section 24-8-104(B) "Exemption by Commission", of the Municipal Code of the city of Aspen, Colorado, is hereby amended to delete Section 24-8-104(B) 1) (a), "Expansion of Commerciali or 3 :~K~559~8 04/16/95 09:42 Rec $25.00 BK ?08 PG 922 Silvia Davis~ Pitkin Cnty Cler'k~ Doc ~.00 office Uses", and to renumber the remainder of Section 24-18- 104(B) (1). Section 6 That Section 24-8-104(A), "Exemption by Planning Director", of the Municipal Code of the City of Aspen, Colorado, is hereby amended at 24-8-104(A) (1) (d), "Expansion of commercial or office uses", to read as follows: "d. Expansion of commercial or office uses. The expansion of an existing commercial or office building by not more than two hundred fifty (250) net leasable square feet, excluding employee housing, if it is demonstrated that the expansion will have minimal impact upon the city. A determination of minimal impact shall require a demonstration that a minimal number of additional employees will be generated by the expansion, and that employee housing will be provided for the additional employees generated; that a minimal amount of additional parking spaces will be demanded by the expansion and that parking will be provided; that there will be minimal visual impact on the neighborhood from the expansion; and that minimal demand will be placed on the city's public facilities from the expansion. Expansion of a building which occurs in phases shall be limited to a maximum cumulative total of two hundred fifty (250) net leasable square feet and shall be evaluated in terms of the cumulative impact of the entire expansion." Section 7: 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 8: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or 4 ~.k~9._8 04/16/95 09:42 Rec $25.00 BK 708 PG 925 Si].via Davis~ Pitkin Cnty Cler. k~ Doc S.O0 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 9: A public hearing on this Ordinance shall be held on the~/~ day of ~ , 1993 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which a hearing of public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the ~ day of ~ ~ , 1993. John [~~ Be~nnett, Mayor 'Kathryn ~.' Koch, city C~rk F/L~ALLy adopted, passed and approved this /~ day of ~~.~, 1993 · ~ John B~'nnett, Mayor Kathryn S~ l(o--ch, ' City Clerk ord. codeamend, cc 5