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HomeMy WebLinkAboutlanduse.code amendment.Lot Line Adjustments.A6-93Code Amendments - Lot Line Adj & 500 sf GMQS Exemption A6-93 -rtcai 7-1;�lo cv n CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: / / PARCEL ID AND CASE NO. DATE COMPLETE: - - - A6-93 STAFF MEMBER: KJ/FK PROJECT NAME: Code Amendments: Lot Line Adjustment & 500 sf GMOS Exemption Project Address• Legal Address• APPLICANT: Applicant Address: REPRESENTATIVE: Representative Address/Phone: --------------------- --------------------- FEES: PLANNING $ ENGINEER $ HOUSING $ ENV. HEALTH $ TOTAL $ Aspen, CO 81611 --------------------------------- --------------------------------- # APPS RECEIVED # PLATS RECEIVED TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO DRC Meeting Date ------------------- ------------------- REFERRALS: City Attorney City Engineer Housing Dir. Aspen Water City Electric Envir.Hlth. Zoning DATE REFERRED: --------------------- --------------------- FINAL ROUTING: City Atty Housing Parks Dept. Bldg Inspector Fire Marshal Holy Cross Mtn. Bell ACSD Energy Center School District Rocky Mtn NatGas CDOT Clean Air Board Open Space Board Other Other INITIALS: DUE: ------------------------------------- ------------------------------------- DATE ROUTED: INITIAL:{ City Engineer i< Zoning Env. Health Open Space Other• FILE STATUS AND LOCATION: '1355938 01.6/93 09. 42' Rec $25 . 0C'. 1-4008 PG 919 Silvia. Davis, Pitk:in Cnty Clerk, Doc $.O(-) ORDINANCE 13 (SERIES OF 1993) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, AMENDING CHAPTER 24 OF THE MUNICIPAL CODE, 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 conditidhs, 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 1# _,.'i�i9-38 04 /S' - G4 4 ^ Rec J. _)C) F k:: 710PG 920 Silvia Davis, Pitkin Cnty Clerk:, Doc $_C)C) NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO: Section 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. All 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 i 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 • 41 59_ia i ib/9:; tip :42 RE.c 5:_'S.iip I3F::OB F'C� 921 Silvia Davis, Pitkin Cnty Clerk, Doc �.UU 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 Commercial or 3 44355938 01.6/93 09: 42 Rec $25. �_?() BA&B PG 922 Silvia Davis, Pitk:in Cnty Clerk, Doc._ Office Uses", and to renumber the remainder of Section 24-8- 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 arid 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 k-uilding 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 • 1{- .i`i 9.30 i0.6/9= 09: 42 Rec $225. 00 D[::08 F'G 923 Silvia Davis, Pitk:in Cnty Clerk:, Doc $.O(-) 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 /,;2— 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 0,4, 1993. John Bennett, Mayor A ST: Kathryn Koch, City C erk F ALLy adopted, passed and approved this day of 1993. John Bknnett, Mayor ATTEST: Kathryn S Koch, City Clerk ord.codeamend.cc 5 MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager THRU: Diane Moore, City Planning Direct FROM: Francis Krizmanich, Deputy Director/Zoning Administration Kim Johnson, Planning DATE: April 12, 1993 RE: Land Use Code Text Amendments: 1. To Allow Planning Director Approval of Lot Line Adjustments; and 2. To Allow Planning Director Approval of GMQS Exemptions for up to 500 Square Feet of Net Leasable Area. Second Reading of Ordinance 13, Series 1993 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The Planning Office is proposing two Land Use Code Text amendments in an effort to streamline the review processes. The first proposed amendment is to Section 24-7-1003, to allow Lot Line Adjustments to be approved by the Planning Director and to amend the language to allow lot line adjustments when the subject lots are owned by the same person. The Code currently requires Lot Line Adjustments to be approved by City Council. The second proposed amendment is to amend Section 24-8-104(B) to allow the Planning Director to approve Growth Management Quota System (GMQS) Exemptions for commercial and office increases in net leasable floor area of up to 500 square feet. The Planning Commission currently reviews these GMQS Exemptions. At the first reading of the proposed GMQS amendment on March 8, 1993, the Council expressed two main concerns regarding this amendment. The first concern was that the Aspen Area Community Plan (AACP) directs comprehensive revisions to the GMQS system which may result in major revisions, including significant changes to GMQS exemptions. The second concern was that the 500 square foot exemption may be too large to classify as an exempt activity with "minimal impact upon the city." In response to these concerns, the staff opinion is that the proposed comprehensive GMQS revision will provide the opportunity for a second look at the exemption process and will either validate the proposed amendment or recommend revisions to it. The size of the GMQS exemption - up 1 to 500 square feet - is a concern due to the potential impacts of that quantity of net leasable area. One alternative to this issue is that the exemption size could be reduced; the staff suggests that 250 square feet could provide for a reasonable level of development through the exemption process while insuring that the impacts of new exempt development truly create "minimal impacts upon the city." If Council believes that the 250 square foot Exemption is an appropriate amount, then Ordinance 13 could be amended at the April 12, 1993 public hearing to reflect the reduction in the square footage exemption. REFERRAL COMMENTS: Chuck Roth met with Planning staff to review the proposed amendments and agrees that the changes will benefit future applicants as well as staff and the approval bodies' workload. PREVIOUS COUNCIL ACTION: The Council has directed the staff to streamline the Code review procedures where possible. The proposed code amendments are presented to further this goal. CURRENT ISSUES: I. Lot Line Adjustment The staff proposes amending the text of the Land Use Code to allow the Planning Director to approve lot line adjustments so that minor amendments can occur in a more timely fashion and to delete the requirement that adjoining properties be in separate ownership. Staff believes that it is immaterial whether two or more lots wishing an insubstantial change are held under separate or common ownership. The existing Code, Section 24-7-1003 (A) (1) , with the proposed changes would be as follows: 111. Lot Line Adjustment. An adjustment of a lot line between contiguous lots whieh are under separate ownership 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. All Any Beth 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, 2 • • 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." If you agree with the recommendation to allow the Planning Director to approve lot line adjustments pursuant to the above standards, the following Code sections must also be amended: * Section 24-6-205(A)(1) (Planning agency staff reviews) Add: "subdivision exemption for a lot line adjustment." * Section 7-1003(B) (Subdivision Exemptions) "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." II. GMQS Exemption: Expansion of Commercial or Office Uses Section 8-104 (B)(1) provides that the Planning Commission may exempt up to 500 square feet of net leasable space from Growth Management competition. This section states: "B. Exemption by commission. 1. General. Development which may be exempted by the commission shall be as follows: a. Expansion of commercial or office uses. The expansion of an existing commercial or office building by not more than five hundred (500) 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 3 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 five hundred (500) net leasable square feet and shall be evaluated in terms of the cumulative impact of the entire expansion." The staff opinion is that this exemption can be processed as an administrative review with Planning Director approval. The criteria of review will remain the same. Currently staff prepares a list of mitigation needs for a proposed development for the Commission's consideration. If an applicant disputes the conditions of approval as determined by the Planning Director, the applicant must reapply for the proposed commercial square footage as a full Growth Management submission for competition pursuant to Article 8 of the Land Use Regulations (Growth Management Quota System). The staff recommends moving Section 8-104(B)(1), Exemption by Commission, to Section 8-104(A)(1)(d), Exemption by Planning Director - Expansion of Commercial or Office Uses. REVIEW CRITERIA: Section 7-1102 provides standards that the Council and Commission shall consider for the review of amendments to the Land Use Code. These standards and staff comments follow: A. Whether the proposed amendment is in conflict with any applicable portions of this chapter. Staff Response: The proposed revisions will not conflict with the applicable portions of this chapter. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Response: The revisions appear to Aspen Area Comprehensive Plan, however, revisions to the GMQS are contemplated as staff does not believe there will be any anticipated GMQS revisions with regard exemption. The proposed amendments implementation of the Plan. be consistent with the the staff notes that part of the Plan. The negative effects to the .o the 500 square foot will not affect the C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Response: The proposed amendments are permitted at this time. They do not appear to create compatibility conflicts as the amendments only affect the review process, not the procedures or requirements. D. The effect of the proposed amendment on traffic generation and road safety. Staff Response: Not Applicable. 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 public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Response: The proposed amendments do not change existing impacts, merely the review process. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Staff Response: The staff does not expect any significant adverse effect to the environment as a result of these amendments. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Response: The proposed amendments streamline the review procedures; the actual Code provisions are not being significantly changed. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Response: Not applicable. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. Staff Response: The proposed amendments have been initiated in an effort to "streamline" the review process by using the Planning Department to process simple, non -controversial development applications. It is hoped that these and other future amendments 5 will help to free up the Council's and Commission's agendas. FINANCIAL IMPLICATIONS: The proposed amendments will save Council, Planning Commission, and staff time. The amendments will save applicants a minimum of $700 per application. RECOMMENDATION: The Planning Staff recommends approval of the text amendments to allow Lot Line Adjustments and GMQS Exemptions for the expansion of commercial and office space of up to 500 square feet of net leasable space to be approved by the Planning Director. The Planning and Zoning Commission unanimously recommended approval of the proposed amendments at their regular meeting on February 16, 1993. ALTERNATIVES: I. Lot Line Adjustments 1. The Council may decide to retain the authority to approve Lot Line Adjustments. The result would be that Council would continue to have this review on the agenda; resulting in no streamlining of the process. 2. The Council may decide to delegate the authority to approve Lot Line Adjustments to the Planning and Zoning Commission. The result of this action would be the loss of time on the Commission's agenda to deal with other issues. II. GMQS Exemption 1. If the Council decides to keep the proposed GMQS Exemption as a Planning and Zoning Commission approval there will be no decrease in the Commission's agenda and applicants will continue to pay a higher review fee. 2. The scheduled review of the Aspen Growth Management System may result in future changes to the process. If the Growth Management Review recommends significant changes, this amendment could be disregarded. In the interim, however, the proposed amendment may give valuable insight as to the efficacy of administrative reviews of this type. PROPOSED MOTION: I move to approve Ordinance No. 13, Series of 1993, to allow Planning Director approval of Lot Line Adjustments and GMQS Exemptions for up to 500 square feet of net leasable area. ATTACHMENTS: Ordinance 13, Series of 1993 MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager Diane Moore, City Planning Director FROM: Francis Krizmanich, Deputy Director/Zoning Administration Kim Johnson, Planning DATE: March 8, 1993 RE: Land Use Code Text Amendments: 1. To Allow Planning Director Approval of Lot Line Adjustments; and 2. To Allow Planning Director Approval of GMQS Exemptions for up to 500 Square Feet of Net Leasable Area. First Reading of Ordinance Series 1993 SUMMARY: The Planning Office is proposing two Land Use Code Text amendments in an effort to streamline the review processes. The first proposed amendment is to Section 7-1003, to allow Lot Line Adjustments to be approved by the Planning Director and to amend the language to allow lot line adjustments when the subject lots are owned by the same person. The Code currently requires Lot Line Adjustments to be approved by City Council. The second proposed amendment is to amend Section 8-104(B) to allow the Planning Director to approve Growth Management Quota System (GMQS) Exemptions for commercial and office increases in net leasable floor area of up to 500 square feet. The Planning Commission currently reviews these GMQS Exemptions. REFERRAL COMMENTS: Chuck Roth met with Planning staff to review the proposed amendments and agrees that the changes will benefit future applicants as well as staff and the approval bodies' workload. PREVIOUS COUNCIL ACTION: The Council has directed the staff to streamline the Code review procedures where possible. The proposed code amendments are presented to further this goal. 1 CURRENT ISSUES: I. Lot Line Adjustment The staff proposes amending the text of the Land Use Code to allow the Planning Director to approve lot line adjustments so that minor amendments can occur in a more timely fashion and to delete the requirement that adjoining properties be in separate ownership. Staff believes that it is immaterial whether two or more lots wishing an insubstantial change are held under separate or common ownership. The existing Code, Section 7-1003(A)(1), with the proposed changes would be as follows: 111. Lot Line Adjustment. An adjustment of a lot line between contiguous lots whieh are under separate ewnership 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. Any Beth 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." If you agree with the recommendation to allow the Planning Director to approve lot line adjustments pursuant to the above standards, the following Code sections must also be amended: * Section 4-501 (authority of the Planning Director) Add: 1114. To exempt lot line adjustments from subdivision pursuant to Section 7-1003(A)(1)." * Section 6-205(A)(1) (Planning agency staff reviews) Add: "subdivision exemption for a lot line adjustment." * Section 7-1003(B) (Subdivision Exemptions) "Procedure. Before any development proposed to be exempted from the terms of this division may be considered for exemption, an 2 • • 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." II. GMQS Exemption: Expansion of Commercial or Office Uses Section 8-104 (B)(1) provides that the Planning Commission may exempt up to 500 square feet of net leasable space from Growth Management competition. This section states: "B. Exemption by commission. 1. General. Development which may be exempted by the commission shall be as follows: a. Expansion of commercial or office uses. The expansion of an existing commercial or office building by not more than five hundred (500) 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 five hundred (500) net leasable square feet and shall be evaluated in terms of the cumulative impact of the entire expansion." The staff opinion is that this exemption can be processed as an administrative review with Planning Director approval. The criteria of review will remain the same. Currently staff prepares a list of mitigation needs for a proposed development for the 3 • • Commission's consideration. If an applicant disputes the conditions of approval as determined by the Planning Director, the applicant must reapply for the proposed commercial square footage as a full Growth Management submission for competition pursuant to Article 8 of the Land Use Regulations (Growth Management Quota System). The staff recommends moving Section 8-104(B)(1), Exemption by Commission, to Section 8-104(A)(1)(d), Exemption by Planning Director - Expansion of Commercial or Office Uses. REVIEW CRITERIA: Section 7-1102 provides standards that the Council and Commission shall consider for the review of amendments to the Land Use Code. These standards and staff comments follow: A. Whether the proposed amendment is in conflict with any applicable portions of this chapter. Staff Response: The proposed revisions will not conflict with the applicable portions of this chapter. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Response: The revisions appear to be consistent with the Aspen Area Comprehensive Plan, however, the staff notes that revisions to the GMQS are contemplated as part of the Plan. The staff does not believe there will be any negative effects to the anticipated GMQS revisions with regard to the 500 square foot exemption. The proposed amendments will not affect the implementation of the Plan. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Response: The proposed amendments are permitted at this time. They do not appear to create compatibility conflicts as the amendments only affect the review process, no the procedures or requirements. D. The effect of the proposed amendment on traffic generation and road safety. staff Response: Not Applicable. 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 public facilities, including but not limited 4 to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Response: The proposed amendments do not change existing impacts, merely the review process. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Staff Response: The staff does not expect any significant adverse effect to the environment as a result of these amendments. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Response: The proposed amendments streamline the review procedures; the actual Code provisions are not being significantly changed. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Response: Not applicable. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. Staff Response: The proposed amendments have been initiated in an effort to "streamline" the review process by using the Planning Department to process simple, non -controversial development applications. It is hoped that these and other future amendments will help to free up the Council's and Commission's agendas. FINANCIAL IMPLICATIONS: The proposed amendments will save Council, Planning Commission, and staff time. The amendments will save applicants a minimum of $700 per application. RECOMMENDATION: The Planning Staff recommends approval of the text amendments to allow Lot Line Adjustments and GMQS Exemptions for the expansion of commercial and office space of up to 500 square feet of net leasable space to be approved by the Planning Director. The Planning and Zoning Commission unanimously recommended approval of the proposed amendments at their regular meeting on February 16, 1993. 5 E ALTERNATIVES: I. Lot Line Adjustments 1. The Council may decide to retain the authority to approve Lot Line Adjustments. The result would be that Council would continue to have this review on the agenda; resulting in no streamlining of the process. 2. The Council may decide to delegate the authority to approve Lot Line Adjustments to the Planning and Zoning Commission. The result of this action would be the loss of time on the Commission's agenda to deal with other issues. II. GMQS Exemption 1. If the Council decides to keep the proposed GMQS Exemption as a Planning and Zoning Commisison approval there will be no decrease in the Commission's agenda and applicants will continue to pay a higher review fee. 2. The scheduled review of the Aspen Growth Management System may result in future changes to the process. If the Growth Management Review recommends significant changes, this amendment could be disregarded. In the interim, however, the proposed amendment may give valuable insight as to the efficacy of administrative reviews of this type. PROPOSED MOTION: I move to approve Ordinance No. , to allow Planning Director approval of Lot Line Adjustments and GMQS Exemptions for up to 500 square feet of net leasable area. M • • PUBLIC NOTICE RE: AMENDMENT TO THE TEXT OF THE CITY OF ASPEN LAND USE CODE REGULATIONS, CHAPTER 24 OF THE ASPEN MUNICIPAL CODE NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, February 16, 1993 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, 2nd Floor Meeting Room, City Hall, 130 S. Galena, Aspen, Colorado, to amend Sections 6- 205, 7-1003(A)(1), and 7-1006, to permit lot line adjustments as a Planning Agency Staff Review; and to amend Section 8-104 to allow the Planning Director to exempt up to 500 square feet of net leasable commercial or office space from the Growth Management Quota System. For further information, contact Francis Krizmanich at the Aspen/Pitkin Planning Office, Colorado 920-5090 s/Jasmine Tygre, Chairman Planning and Zoning Commission Published in the Aspen Times on January --------------------------------------- City of Aspen Account 130 S. Galena St., Aspen, 29, 1993. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Francis Krizmanich, Deputy Director/Zoning Administration Kim Johnson, Planning RE: Land Use Code Amendments: 1. To Allow Planning Director Approval of Lot Line Adjustments; and 2. To Allow Planning Director Approval of GMQS Exemptions for up to 500 Square Feet of Net Leasable Area. DATE: February 16, 1993 --------------------------------------------------- ------------------------------------------------------ - - - - - SUMMARY: The Planning Office is proposing these two Land Use Code amendments in an effort to streamline the review processes. The first proposed amendment is to Section 7-1003, to allow Lot CA' Line Adjustments to be approved by the Planning Director and to amend the language to allow lot line adjustments when the subject CJ-� lots are owned by the same person. The Code currently requires Lot Line Adjustments to be approved by City Council. The second proposed amendment is to amend Section 8-104 (B) to allow the Planning Director to approve Growth Management Quota System (GMQS) Exemptions for commercial and office increases in net leasable floor area of up to 500 square feet. The Planning Commission currently reviews these GMQS Exemptions. REFERRAL COMMENTS: Chuck Roth met with Planning staff to review the proposed amendments and agrees that the changes will benefit future applicants as well as staff and the approval bodies' workload. STAFF COMMENTS• I. Lot Line Adjustment The existing Code, Section 7-1003(A)(1) states: "l. Lot Line Adjustment. An adjustment of a lot line between contiguous lots which are under separate ownership 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 1 b. Both landowners whose lot lines are being adjusted 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." The staff proposes amending this Code provision for two reasons: to allow the Planning Director to approve lot line adjustments so that minor amendments can occur in a more timely fashion and to delete the requirement that adjoining properties be in separate ownership. Staff believes that it is immaterial whether two or more lots wishing an insubstantial change are held by separate or common ownership.. The proposed exemption language would be: "1. Lot Line Adjustment. An adjustment of a lot line between contiguous lots wh3eh--ar� 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. Any 45�c It- landowners whose lot lines are being adjusted 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." 2 • • If you agree with the recommendation to allow the Planning Director to approve lot line adjustments pursuant to the above standards, the following Code sections must also be amended: * Section 4-501 (authority of the Planning Director) Add: 1113. To exempt lot line adjustments from subdivision pursuant to Section 7-1003(A)(1)."; remainder of Section to be renumbered. * Section 6-205(A)(1) (Planning agency staff reviews) Add: "subdivision exemption for a lot line adjustment." * Section 7-1003(B) (Subdivision Exemptions) "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." II. GMOS Exemption: Expansion of Commercial or Office Uses Section 8-104 (B)(1) provides that the Planning Commission may exempt up to 500 square feet of net leasable space from Growth Management competition. This section states: "B. Exemption by commission. 1. General. Development which may be exempted by the commission shall be as follows: a. Expansion of commercial or office uses. The expansion of an existing commercial or office building by not more than five hundred (500) 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 01 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 five hundred (500) net leasable square feet and shall be evaluated in terms of the cumulative impact of the entire expansion." The staff opinion is that these levels of exemption can be processed as an administrative review with Planning Director approval. The criteria of review will remain the same. Currently staff prepares a list of mitigation needs for a proposed development for the Commission's consideration. If an applicant disputes the conditions of approval as determined by the Planning Director, the applicant must reapply for the proposed commercial square footage as a full Growth Management submission for competition pursuant to Article 8 of the Land Use Regulations (Growth Management Quota System). The staff recommends moving Section 8-104(B)(1), Exemption by Commission, to Section 8-104(A)(1)(d), Exemption by Planning Director - Expansion of Commercial or Office Uses. Review Criteria: Section 7-1102 provides standards that the Council and Commission shall consider for the review of amendments to the Land Use Code. These standards and staff comments follow: A. Whether the proposed amendment is in conflict with any applicable portions of this chapter. Staff Response: The proposed revisions will not conflict with the applicable portions of this chapter. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Response: The revisions appear to be consistent with the Aspen Area Comprehensive Plan, however, the staff notes that revisions to the GMQS are contemplated as part of the Plan. The staff does not believe there will be any negative effects to the anticipated GMQS revisions with regard to the 500 square foot exemption. The proposed amendments will not affect the implementation of the Plan. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Response: The proposed amendments are permitted at this 4 time. They do not appear to create compatibility conflicts as the amendments only affect the review process, no the procedures or requirements. D. The effect of the proposed amendment on traffic generation and road safety. Staff Response: Not Applicable. 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 public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Response: The proposed amendments do not change existing impacts, merely the review process. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Staff Response: The staff does not expect any significant adverse effect to the environment as a result of these amendments. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Response: The proposed amendments streamline the review procedures; the actual Code provisions are not being significantly changed. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Response: Not applicable. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. Staff Response: The proposed amendments have been initiated in an effort to "streamline" the review process by using the Planning Department to process simple, non -controversial development applications. It is hoped that these and other future amendments will help to free up the Council's and Commission's agendas. STAFF RECOMMENDATION: The Planning Staff recommends approval of the text amendments to allow Lot Line Adjustments and GMQS 5 • Exemptions for the expansion of commercial and office space of up to 500 square feet of net leasable space to be approved by the Planning Director. The staff recommends that the following amendments to the Land Use Code be approved: Lot Line Adjustment * Section 7-1003(A)(1), Amend: "l. Lot Line Adjustment. An adjustment of a lot line between contiguous lots wh}eh-are +i-nd-e-r-separ-&t-e owrre-r-sh4-P- 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. Any 439th- landowners whose lot lines are being adjusted 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." If you agree with the recommendation to allow the Planning Director to approve lot line adjustments pursuant to the above standards, the following Code sections must also be amended: * Section 4-501. Add: 1113. To exempt lot line adjustments from subdivision pursuant to Section 7-1003(A)(1)."; renumber rest of Section. * Section 6-205(A)(1). Add: "subdivision exemption for a lot line adjustment." * Section 7-1003(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, Ch • • 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." GMQS Exemption * Section 8-104(B)(1)(a); Delete; renumber the rest of the 8-104 (1). * Section 8-104(A)(1)(d), Revise to: "d. Expansion of commercial or office uses. 1. The expansion of an existing commercial or office use in a building which does not increase its net leasable square footage. 2. The expansion of an existing commercial or office building by not more than five hundred (500) 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 five hundred (500) net leasable square feet and shall be evaluated in terms of the cumulative impact of the entire expansion."