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ORDINANCE N0.50 `-/~~~7`~-~~
(Series of 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING SECTION 26.480.030 OF THE ASPEN
MUNICIPAL CODE, SUBDIVISION EXEMPTIONS
WHEREAS, the amendments requested relate to the following Chapter and
Section of the Land Use Code, Title 26 of the Aspen Municipal Code:
26.480.030 -Subdivision Exemptions
WHEREAS, pursuant to Section 26.310, applications to amend the text of
Title 26 of the Municipal Code shall be reviewed and recommended for approval,
approval with conditions, or denial by the Community Development Director and then
by the Planning and Zoning Commission at a public hearing. Final action shall be by
City Council afrer reviewing and considering these recommendations; and,
WHEREAS, the Community Development Director recommended approval of
the proposed amendments, as described herein; and,
WHEREAS, the Planning and Zoning Commission held a public hearing to
consider the proposed amendments to the above noted Chapter and Section on October
16, 2007, took and considered public testimony and the recommendation of the
Community Development Director and recommended, by a 7-0 vote, City Council
adopt the proposed amendments to the land use code by amending the text of the above
note Chapters and Sections of the Land Use Code, as described herein; and
WHEREAS, the amendments to the Land Use Code are delineated as follows:
•Text being removed is bold red and strikethrough. Test v°'°° -°---°-~°a ~°°~•°
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•Text being added is bold green and underline. Text beine added looks like this.
• Text which is not highlighted is not affected.
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1:
Pursuant to Section 26.310 of the Municipal Code, the Section 26.480.030.A.2 -
Subdivision Exemptions, shall be amended to add and delete the following:
2. Lot split. The split of a lot for the purpose of creating one (1) additional development
parcel where all of the following conditions are met:
a. The land is not located in a subdivision approved by either the Pitkin County
Board of County Commissioners or the City Council, or the land is described
as a metes and bounds parcel which has not been subdivided afer the
adoption of subdivision regulations by the City of Aspen on March 24, 1969.
This restriction shall not apply to properties listed on the Aspen Inventory of
Historic Landmark Sites and Structures.
b. No more than two (2) lots are created by the lot split, both lots conform to the
requirements of the underlying zone district. Any lot for which development is
proposed will mitigate for affordable housing pursuant to Section 26.470.060.
c. The lot under consideration, or any part thereof, was not previously the
subject of a subdivision exemption under the provisions of this Chapter or a
"lot split' exemption pursuant to Section 26.470.040 (C)(1)(a).
d. A subdivision plat which meets the terms of this Chapter, and conforms to the
requirements of this Title, is submitted and recorded in the office of the Pitkin
County Clerk and Recorder after approval, indicating that no further
subdivision may be granted for these lots nor will additional units be built
without receipt of applicable approvals pursuant to this Chapter and growth
management allocation pursuant to Chapter 26.470.
e. The subdivision exemption agreement and plat shall be recorded in the office
of the Pitkin County Clerk and Recorder. Failure on the part of the applicant
to record the plat within one hundred eighty (180) days following approval by
the City Council shall render the plat invalid and reconsideration of the plat by
the City Council will be required for a showing of good cause.
£ In the case where an existing building occupies a site which is eligible for a
lot split, the building need not be demolished prior to application for a lot
split.
g. Maximum potential residential buildout for the two (2) parcels created by a lot
split shall not exceed three (3) units, which may be composed of a duplex and
a single-family home.
Section 2:
4. Historic Landmazk Lot Split. The split of a lot that is listed on the Aspen Inventory of
Historic Landmark Sites and Structures for the purpose of creating one (1) additional
development parcel. The Historic Landmark Lot Split shall meet the requirements of
section 26.480.030(A)(2) and (4), and section 26.415.110(A) of this code, and the
following standards:
a. The original parcel shall be a minimum of six thousand (6,000) square feet in size
and be located in the R-6, R-15, R-1 SA, RMF, or MU zone district.
b. The total FAR for each new lot shall be established by dividing the allowable
floor area for a duplex or two detached residences on the fathering parcel
according to the zone district where the property is located. The total FAR for
each single family and duplex residential development on each new lot shall be
noted on the Subdivision Exemption Plat. When the property is redeveloped with
any allowed uses other than single family or duplex residential, refer to the zone
district for allowable FAR on each lot.
c. The proposed development meets all dimensional requirements of the underlying
zone district. The vaziances provided in section 26.415.120(B)(1)(a),(b), and (c)
are only permitted on the parcels that contain a historic structure. Only one (1)
FAR bonus of up to 500 square feet may be granted, allocated between the newly
created parcels in a manner approved by HPC.
Section 3. Severability.
If any section, subsection, sentence, clause, phrase or portion of this ordinance 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.
Section 4. Existine Lineation.
This ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section 5:
A public heazing on the ordinance was held on the 24th day of March, 2008, in the City.
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which
hearing a public notice of the same was 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 26th day of November, 2007.
ATTEST:
Michael C. Ireland, Mayor
Kathryn Koch, City Clerk
FINALLY, adopted, passed and approved this day of , 2007.
ATTEST:
Michael C. Ireland, Mayor
Kathryn Koch, City Clerk
APPROVED AS TO FORM:
John Worcester, City Attorney