HomeMy WebLinkAboutresolution.apz.001-83RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING CODE AMENDMENTS REDUCING REGULATORY REQUIREMENTS
Resolution No. 83 - 1
WHEREAS, the Aspen Planning and Zoning Commission and Aspen City
Council have expressed their interest in the implementation of a streamlined,
procedurally less complex version of the subdivision and zoning regulations,
and
WHEREAS, the preparation of a fully streamlined code is a complicated
task, requiring substantial staff resources and the likelihood of considerable
public review, and
WHEREAS, during the course of a work session with City staff on January
19, 1983, the City Council did recognize that interim measures can be imple-
mented which reduce the burden of our land use regulations upon some applicants,
without affecting any significant public policy concerns, and
WHEREAS, at a public hearing on February 22, 1983, the Aspen Planning and
Zoning Commission did consider a series of code amendments designed to reduce
the number of review steps associated with certain straightforward types of
land use applications, and
WHEREAS, the Commission does support the concept that the City's land use
regulations should be simplified by the reduction of regulatory requirements in
cases when there is obvious redundancy in the multiple review steps required
and when no substantial public policy concerns are in evidence.
NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of
the City of Aspen, Colorado that it does hereby recommend that the City Council
repeal and re-enact Section 20-19(b) of the Municipal Code to read as follows
(new language is underlined):
"(b) Following receipt of a recommendation from the planning commission,
City Council may exempt or except a particular division of land from the
definition of a subdivision set forth in Section 20-3(s), when, in the
judgment of the City Council, such division of land is not within the
intent and purpose of this chapter.
The planning director may recommend that the planning commission grant
such exception or exemption without its subsequent consideration by the
City Council when such additional review would be redundant, serve no
public purpose or is deemed to be otherwise unnecessary in relation to the
land use policies and regulations of the City of Aspen. It shall be considered
sufficient evidence that the City Council review would be unnecessary if
the proposal under consideration is found to comply with all of the requirements
of this code, including, but not limited to, parking, area and bulk and
use; not to result in a substantial change to the external appearance of
the buildin9 and its site; and to otherwise result in a form of development
which is consistent in type and character to the neighborhood in which it
is situated. The grounds for granting such exception or exemption shall
be entered in the minutes of the granting body in motion or resolution
duly adopted."
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BE IT ALSO RESOLVED by the Planning and Zoning Commission of the City of
Aspen, Colorado that it does hereby recommend that the City Council repeal and
re-enact Section 20-21 of the Municipal Code, to read as follows (new language
is underlined):
"Sec. 20-21Resubdivision and Plat Amendments
(a) Resubdivision of land shall be considered a subdivision and shall
require full compliance with this regulation.
(b) If it is discovered that there exists an engineering or survey error
in a recorded plat, or if the subdivider or his assigns wishes to otherwise
amend a recorded plat, the subdivider, or his assigns, shall be required
to file an amended final plat. If, at the sole discretion of the directors
of both the planning office and engineering department, the amendment is
found to result in minor alterations which meet all of the design standards
and other criteria of the Municipal Code, then the amended plat maS be
approved by staff review only. If, however, the amendment is found to
result in major alterations to the plat such that at the sole discretion
of either the directors of the planning office or the engineering department,
it should be reconsidered in relation to the design standards and other
criteria of the Municipal Code, then the amended plat shall be reviewed
according to the procedures established in Section 20-19 of this chapter.
A major alteration to a plat shall include, but not be limited to,
any change which results in an increased need for off-street parking,
affects the type or character of use of the development, substantially
alters the external appearance of the building or affects the design of
roads, utilities, landscaping or other site design features such that the
intent of the original site plan is no longer met."
BE IT ALSO RESOLVED that the planning commission does hereby recommend
that the City Council repeal and re-enact Section 24-3.3(c) of the Municipal
Code to read as follows (new language is underlined):
"(c) No approved conditional use may be substantially modified, struc-
turally enlarged or expanded in ground area unless such modification,
enlargement or expansion receives the prior approval of the commission
which approval shall be obtained by repetition of the granting procedures
herein provided. Minor modifications, structural enlargements or expansions
which do not create substantial impacts on the three conditional use
criteria listed in 24-3.3(b) above may be authorized by the planning
director without additional public hearings. Minor modifications, enlarge-
ments or expansions include, but are not limited to, insubstantial changes
in the operation of a conditional use; changes which will not cause
negative impacts on pedestrian and vehicular traffic circulation, parking
or noise; changes which do not substantially affect the tourist or local
orientation of the conditional use; changes which do not affect the character
of the neighborhood in which they are located; changes which do not increase
the use's employee base or the retail square footage in the structure; and
changes which do not substantially alter the external visual appearance of
the building or its site."
BE IT FINALLY RESOLVED by the Planning and Zoning Commission of the City
of Aspen, Colorado that it does hereby recommend that the City Council repeal
and re-enact Section 24-4.1(c) of the Municipal Code to read as follows:
"(c) For all low, moderate and middle income housing units approved and
deed restricted within the provisions of the adopted employee housing
guidelines of the City of Aspen, the required off-street parking shall be
established by special review of the planning and zoning commission. The
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commission's review shall consider, but not be limited to an evaluation of
the need for parkin9 in the neighborhood, the proximity of the project
to any bus route and to the downtown area, whether the employees are to be
housed on the same site at which they are employed, and the practical
difficulties of the site design which, when considered in relation to
the public policy requirements for off-street parking, may render the
provision of on-site parking spaces less necessary."
Approved by the Aspen Planning and Zoning Commission at their regular
meeting on March 8, 1983.
ASPEN PLANNING AND ZONING COMMISSION
ATTEST:
By:
y ~/v~ey, Chairman
~_~j7 A~n Brooks, Deputy City Clerk