City Council Study Session Agenda and Packet 2017 05 23

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Louisville COLORADO • S1NC N ; CITY COUNCIL COMMUNICATION AGENDA ITEM 111 SUBJECT: DATE: DISCUSSION — SUBDIVISION ZONING VARIANCES MAY 23, 2017 PRESENTED BY: ROBERT ZUCCARO, PLANNING & BUILDING SAFETY DEPARTMENT SUMMARY: Among the issues City Council included in its 2017 Work Plan is a review the procedure for allowing Board of Adjustment zoning variance applications that are part of subdivision requests. Under the City's current procedure for subdivisions, an applicant may apply to the Board of Adjustment for a variance to a zoning requirement related to the subdivision. These variance requests may be for items such as minimum lot area or lot width, and the Board would rule on the variance request prior to presentation of the subdivision request to City Council. The City Council must then determine compliance with the subdivision review criteria in Title 16 based on the Board of Adjustment's approval of the variance. As an example, Section 16.16.050 of the Subdivision Ordinance states that "Lots shall meet all applicable zoning requirements." If the Board of Adjustment grants a variance to minimum dimensional requirements, such as the minimum lot width of 60 feet or lot area of 7,000 square feet in the R -M zone district, the City's existing procedure is to consider the application as complying with this criterion based on the Board's approval of the zoning variance. The policy question is whether the Council desires to update the subdivision procedures so that the City Council reviews Title 17 zoning variances, after review and recommendation by the Planning Commission, as part of the subdivision application, rather than having the Board of Adjustment review zoning variances separately. Updating the ordinance could provide more predictability and an improved process for applicants, and allow City Council to have more control over the subdivision process. Staff would appreciate Council discussion and feedback on proceeding with an ordinance amendment to change the subdivision procedures. BACKGROUND: Current Subdivision and Zoning Ordinances: Criteria for reviewing a subdivision request are contained in Sec 16.12.075. Criterion No. 3 references compliance with the Design Standards in Chapter 16.16 of the ordinance, which includes standards for lots, blocks streets and other site design considerations. In addition to providing specific dimensional standards for lots, Chapter 16.16 requires that applications meet all underlying zoning standards in Title 17. The Title 17 zoning standards include lot area, lot width or setbacks for existing structures on the subdivided lots. CITY COUNCIL COMMUNICATION 5