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Home My WebLink Aboutresolution.apz.015-02 RESOLUTION NO. 15 (SERIES OF 2002) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE TEXT AMENDMENTS THAT AMEND MUNICIPAL CODE SECTIONS 26.316, APPEALS, AND 26.470, GROWTH MANAGEMENT QUOTA SYSTEM; AMENDING THE REVIEW AUTHORITY OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION TO INCLUDE ALL GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION APPLICATIONS THAT ARE CURRENTLY REVIEWED BY THE JOINT CITY OF AsPEN/PITKIN COUNTy GROWTH MANAGEMENT COMMISSION, CITY'OF ASPEN, PITI/LIN COUNTY, COLORADO. WHEREAS, the Community Development Department proposed an application for an amendment to Title 26, the City of Aspen Land Use Code; and, WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning Commission, in accordance with the procedures, standards, and limitations of this Chapter, shall by resolution recommend that City Council approve, approve with conditions, or deny a Code Amendment application for Amendment to the Land Use Code and Official Zone District Map, after recommendation by the Community Development Department pursuant to Section 26.430.020; and, WHEREAS, the Community Development Department initiated and reviewed an application for proposed code amendments to amend the review authority for all types of GMQS Exemption Applications from a review by the Growth Management Commission to a review by the City of Aspen Planning and Zoning Commission pursuant to Section 26.310.040 and recommended approval; and, WHEREAS, the Planning and Zoning Commission conducted a public hearing, considered the recommendation of the Community Development Director and took public testimony on the proposed Code Amendments; and, WHEREAS, the Planning and Zoning Commission finds that the Code Amendments proposal meets or exceeds all applicable amendment standards and that the approval of the Code Amendments, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. WHEREAS, during a public hearing on May 21, 2002, the Planning and Zoning Commission recommended, by a six to zero (6-0) vote, that the City Council approve the amendments to Section 26.316, Appeals, Section 26.470, Growth Management Quota System as proposed by the Community Development Department. NOW, THEI~FO~, BE IT RESOLVED By THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 0fthe Aspen Municipal Code, the Code Amendment application to amend the review authority on all types of GMQS Exemption Applications from the Growth Management Commission to the City of Aspen Planning and Zoning Commission, is approved as noted in the following sections: Section 2 That Section 26.316 of the Aspen Municipal Code shall be amended to read as follows: 26.316~ Appeals~ Purpose Statement The purpose of this Chapter is to establish the authority of the Board of Adjustment, Growth Management Commission, the Planning and Zoning Commission, and City Council to hear and decide certain appeals and to set forth thc procedures for said appeals. Section 26.316.020(C)~ Planning and Zoning Commissi°n Review Authority Planning and Zoning Commission. The Planning and Zoning ~ Commission shall have the authOrity to hear and de~ide an appeal from an adverse determination by the Community Development Director on ,~ an application for exemption pursuant to the growth management quota ~ system in accordance with Section 26.470.060(D). I-.- ~ d Section 3 Oa e~ ~ ~ i That Section 26.470 of the Aspen Municipal Code shall be amended to read as ~O ~-, follows: Section 26.470.070(D)(2)(b), H~stor~c Landmark ExempUons: ,----~,~ More than one residential dwelling or more than three (3) hotel, motel, ~ lodge, bed and breakfast, boardinghouse, ro°mingh°use or dormitory units '""'" shall be exempted. This exemption is not dedUcted from annual allotments a.a..., or from Aspen Metro Area ceilings. Review is by Planning and Zoning Commission. The applicant shall demonstrate that as a result of the "''= development, mitigatiOn of the project's community impacts will be addressed by the standards set forth at sub-Section 5, below ~_ Section 26.470.070(D)(3)(b)~ Historic Landmark ExemPtiOns Increase in FAR and net leasable square footage. The increase in FAR and ~ - net leasable square footage for a historic landmark to be used as a .'-~ commercial, office, or mixed use development including a residential , -~ component shall be reviewed by the Planning and Zoning Commission for - ~ ¢Xe~Ption. Ttie~applicant shall demOnstrate that as a result of the development, mitigation of the project's commtmity impacts will be addressed by the standards set forth at sub-Section 5, below. Upon a recommendation from the Planning and Zoning Commission, City Council may waive, reduce, or defer the affordable housing mitigation as required, pursuant to subsection 5(a) below, when it finds that no employees will be generated. Section 26.470.070(D)(4)~ Enlargements for mixed-use development The enlargement of an historic landmark for mixed-use as a commercial, office or lodge development and that adds a residential dwelling unit, that increases the building's or parcel's existing floor area ratio and its net leasable square footage shall be exempt. This exemption is not deducted from annual allotments or from Aspen Metro Area ceilings. Review is by Planning and Zoning Commission. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub-Section 5, below. Section 26.470.070(D)(5)(c), Off-site impacts The development's water supply, sewage treatment, solid waste disposal, drainage control, transportation and fire protection impacts shall be mitigated to the satisfaction of the Plarming and Zoning Commission. Section 26.470.070(E)(2), Expansion of commercial or office uses An expansion of an eXisting commercial Or 6ffice building of two hundred fifty-one (251) to five hundred (500) net leasable square feet, excluding employee housing shall be reviewed by the Planning and Zoning Commission. Expansion of a building which occurs in phases shall be limited to a maximum cumulative total of five hundred (500) net leasable square feet and shall be evaluated in terms of the cunmlative impact of the entire expansion. Section 26.470.070(F)~ Change in use A change in use of an existing structure between the residential, commercial/office and tourist accommodations categories (irrespective of direction) for which a Certificate of Occupancy has been issued for at least two (2) years and which that is intended to be reused, shall be exempt from the growth management competition and scoring procedures. This exemption is deducted from the respective annual development allotment established pursuant to Section 26.470.040 and from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by Planning and Zoning Commission. This exemption is available provided the following conditions are met: Section 26.470.080(B)(3) (c), Planning and Zoning Commission Review After the Community Development Director has determined that the application for exemption is complete, the application shall be forwarded to the Planning and Zoning Commission for review and consideration at a public hearing. Notice of the hearing shall be by publication, posting, and mailing (See Section 26.304.060(E)). The Planning and Zoning Commission shall by resolution approve, approve with conditions, or disapprove the application. In the event that there are insufficient allotments available to accommodate all applications for exempt development, a random drawing shall be held in accordance with the standards of Section 26A70.070(B)(4). Applications for lodge, affordable housing, or accessory commercial square footage development within the Lodge Preservation (LP) Overlay Zone District shall be forwarded to the Plauning and Zoning Commission for review and consideration at a public hearing after the Community Development Director has determined that the application for exemption is complete and has made a recommendation for approval, approval with conditions, or disapproval. Notice of the hearing shall be by publication, posting, and mailing (fee Section 26.304~060(E)). The Planning and Zoning Commission shall by resolution approve, approve with conditions, or disapprove the application. In the event that there are insufficient allotments available to accommodate all applications for exempt development, a random drawing shall be held in accordance with the standards of Section 26.470.080(B)(4). Section 26.470.08001)(3)(d), City Council Review An application for a lot split or conversion of residential reconstruction credits to tourist accommodation units shall not be reviewed by the Growth Management Commission, but instead shall be for~varded directly to the City Council for consideration. Other than an application for a lot split or conversion of residential reconstruction credits to tourist accommodation units, an application for review by City Council requires a two step process. Exemption requests for essential public facilities or for accessory uses in a mixed-use development shall require review by the Planning and Zoning Commission and final review by the City Council. Exemption requests for affordable housing or for flee market residential AH associated developments shall require review by the Housing Board and final review by the City Council. When two steps are required, the following procedures must be adhered to: Step One - After the Community Development Director has determined that the application for exemption ~s complete, the application shall be forwarded to the Board/Commission specified above (in the preceding paragraph). Review by the Housing Authority shall be administered by the Executive Director of the Authority and shall be referred to the Executive Board as necessary. Review by the Planning and Zoning Commission requires a pUblic hearing for which notice has been published, posted, and mailed (See Section 26.304.060(E)). The Commission shall by resolution recommend to the City Council approval, approval with conditions, or disapproval of the application. · 26.470.080(D)(1) Appeal of adverse determination by Community Development Director. An appeal from an adverse determination by the Community Development Director on an application for exempt development shall be to the Planning and Zoning Commission. The appeal procedures set forth at Chapter 26.316 shall apply. The Planning and Zoning Commission may reverse, affirm, or modify the decision or determination of the Community Development Director based upon the application submitted to the Community DevelOpment Director. The decision of the Planning and Zoning Commission shall constitute th~ final administrative action on the matter. 26.470.110(A)(1) Amendment of development order. Any change required to be made to a development order to respond to conditions imposed upon the proposed development by the Growth Management Commission, Planning and Zoning Commission, or the City Council during the review of other development aPplications relevant to the proposed development; and SectiOn 4: That Section 26.470.080(B)(3)(b) of the Aspen MuniciPal Code be repealed and by renumbering existing subsections C and D to B and C. Section 5i All material representations and commitments made by the applicant pursuant to the Code Amendment approvals as herein a~varded, whether in public heating or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such Code Amendment approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 6: Tl:fis Resolution 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 7: If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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· 06/19/2002 01:061~ Approved by the Commission at i~s regular meeting on May 21, 2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Cit~Attomey Jasmine Tygre, Chair ~/ ~.) ATTEST: ~cki~'Lothiar~, ~Deputy Cit} Clerk