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Home My WebLink Aboutcoa.lu.su.Subdivision Regulation I"'. -, C'I. CITY OF ASPEN aspen ,colorado, 8161' box v HEMORANDm1 TO: CITY COUNCIL FR01~ : NICK ~IAHONEY ~<<>/" DATE: NAY 19, 1976 RE: ORDINANCE 13 I have asked the City staff to give me their comments on Ordinance 13 and have incorporated their reply in this memorandum. I have also notified Bob George that the Council will be dis- cussing the ordinance this Monday, and have asked Ted Armstrong to attend the Council Meeting to justify the use of the funds. I believe the funds that we have used so far have been properly applied and with maximum benefit. I think this leaves the question of equity, and it is my opinion that in terms of ability to pay and benefit, Ordinance 13 is an equitable method of acquiring funds. I find little merit to the claim that Ordinance 13 is pre- cluding the employed group from purchasing homes. We are all aware that the level of exclusion for a $15,000 a year employee was reached several years ago as the price of real estate doubled. A buyer who is fina~cially able to purchase property in this price range could not justifiably say that this percentage fee would prohibit him from purchasing said property. PSM/pm cc: Ted Armstrong .~ . I"". .t" . " ~. < /,-..,.~ ,. CITY OlP'ASPEN I :~ () sou t h g a : e n a s t r e e t: aspen, co I () r ado' 81 6 I I MEMORANDUM DATE: May 14, 1976 TO: ;l!ick Mahoney FRo~~ndra M. Stuller RE: Ordinance No. 13, Series of 1976 "I will try to address the two issues raised by Bob George's letter independently, inasmuch as one issue is procedural and one political. Possible Range of Fees 3ob's first premise appears to be that inasmuch as the market values of different parcels within the City are so diverse, the formula created in the ordinance is, in its application, inequitable. Let me note initially that the formula was devised to result in a fee reflecting both the value of the land developed and the number of residential units that are constructed thereon. The rationale be- hind this approach is that the higher fee should be paid by a land- owner who generates more residential housing and has the wherewithal to pay a high park dedication fee. I do not think the law would reject a formula relying on a determination of the market value of a parcel; this is a variable that can be determined by expert testimony and is often relied on in various legal procedures (e.g. condemnation). I also think it appropriate to calculate a park/recreation fee in terms of the number of residential units created by a developer. Onerous Fees Bob seems, in thtsaspect of his argument, to assert that the re- sultant fee, in most cases, will just be too onerous and obstruct the development of single family housing by locals for their own use. I will have to agree to this overall objection; a position I have maintained since discussions on dedication fee legislation started two years ago. The history of these fees is as follows. Two years ago Ted present- ed a ParkS/Recreation Plan which was premised on the standard that I , I ! i , , I I ! I I " i' I , , L L i' ; ~ 1', P I ~! \1 ;~ ~T {II c_il ~I ',,",':1 ,. ~ . '~I 1:1 i f I; ~, l~ I, . ~ f".. ,-." \..... Hick Mahoney 11ay 14, 2.976 Page 2 the introduction of each new resident into the City will create a demand for .005 acres of new park land. The Council was then considering the issue in the context of establishing a dedication fee for subdivision development within the con~unity. ~hey cut in half the acreage requirement (i.e. from .005 to .0025) per resident and permitted an alternative dedication of cash (in lieu of land) equal to the market value of the land that would have to be given under the formula established. For commercial development a dedication in cash equal to 6% of the market value of the total development site was also adopted. nt the time of the hearings on the issue I objected to the effect that the fees were too high; that few governments require developers to totally support a community park acquisi~ion and improvement program, but that the fees have always been complemented with general fund revenues. The fees collected under the subdivision dedication fee were paid, for the most part, by developers who had capital at the time of plat approval and merely passed the cost on to the new residents of the site. Last fall the P & Z became of the opinion that it was inequitable to require only those going through subdivision review to pay such a fee; i.e., the Commission felt that all those constructing on lots for which a fee or land dedication had not been assessed earlier should also contribute to the Parks/Recreation fund to compensate for the new residents they were introducing into the City. Their rationale is not subject to challenge. However, what we see now is the payment of a fee by all those constructing within the City on land they may have long held and to be paid at a time (permit issuance) when the most demand is being made on their financial resources. I cannot agree that local residents should receive more consideration in this matter to the exclusion of other residents; locals are more apt to use the park system than tourists or part time residents (especially if they visit only during the winter). And I do endorse the technique of relying both on ,the market value and development potential of a site in determining the fee, because: 1. If the land is of a high value the developer can reduce the fee by constructing fewer units on the site thereby reducing the impacts of the development on the community and leaving open space on the site for use by the residents he is housing; and 2. If the land is of a high value and he wants to construct on it to its highest development potential, the City should enjoy a higher fee which reflects a share in the profits the developer enjoys by reason of the development and compensation for the greater demand he is placing on the community facilities by introducing the largest possible number of new residents into the area. I I , I I i I ! I ! , I ! i [ , f Ii t, r~ ,. !' L I ,. ti' I. I. ,. !:, i !' : r r f f I . ~ ,,-.., ,,-.. -" Hick Hahoney Hay 14, 1976 Page 3 However, I do think the acreage (and resulting cash) ratio is too high. Indeed, ~erhaps for each new resident .005 acres of park area should be created, ~ut: 1, I question whether the developer/owner should himself (absent government subsidy) pay this cost; 2. ?he fee is now imposed on commercial development and on the condominiumization of existirtg apartments, neither of which development activities creates new residents, and contributions by these activities should be offset against fees assessed on new developments; and 3. Finally, ny common sense tells me that the fees are just "out-of-line" when actually determined by applying the formula twice adopted by ,the City Council. Consequently, I can endorse the rational and elements of the fee formula; and can justify its application to both subdivision and non-subdivision related construction activity. 3ut I disagree with the Council on the acreage/cash ratio applied. ~owever, this is a policy/political question and I must defer to their judgment at this time. SS/pk ec: Elill Kane I I I ; I I , I I .1 I , J, i 11 i ! , , ,,-... ~ - nllM" C,',HOCC""'.,_",CO. RECORD OF PROCEEDINGS 1 00 Loaves ORDINANCE NO. (Series of 1976) AN ORDINANCE IMPOSING A PARK DEDICATION FEE ON ALL NEIV RESIDEtlTIAL AND COMMERCIAL DEVEI"OPMENT IVITHIN THE CITY OF ASPEN, IYHICH FEE SHALj:., IN THE CASE OF COMMERCIAL DEVELOPMENT, J:QUAL TIlE VALUE OF SIX (6%) PERCENT OF THE LAND PROPOSED AS THE DEVELOPMEm' SITE, AND IN THE CASE OF RESIDENTIAL DEVELOPMENT BE CALCULA~ED ACCORDING TO THE Nm1BER OF: ANTICIPATED RESIDENTS, PROVIDING THAT LAND SHALL BE VALUED IN ITS UNDEVELOPED STATE AND BE APPRAISED BY A QUALIFIED APPRAISER IF THE CITY AND DEVELOPER CANNOT AGREE ON VALUE, ~ARMARKING CASH PROCEEDS FOR ACQUISITION OF PARK AND RECREATION LANDS AND THEIR IMPROVEMENT, :1AIVING IMPOSITION OF THE FEE IF A SIMILAR DEDICATION fffiS BEEN ~mDE AT THE TIME OF THE SUBDIVISION OF THE DEVELOP~1ENT SITE; REPEALING AND REENACTING SECTION 20-18 OF THE ASPEN HUNICIPAL CODE (a) DELET- ING THE EXEMPTION TO THE SUBDIVISION DEDICATION REQUIREHENTS EARLIER GIVEN TO DUPLEX, :::RIPLEX AND FOURPLEX DEVEI"OPMENTS, AND (b) PROVIDING FOR APPRAISAL OF IMPROVED SITES ACCORDING TO ~HEIR HIGHEST AND BEST USES INCLUDING USE OF NONCONFORMING S~RUCTURES WHEREAS, the Planning and Zoning Commission has recommende~ expansion of the park and recreation dedication requireme~ts such as! to extend their application to all new developments wi thin the City, not merely those corning within the provisions of Chapter 20 (sub- aivision regulations) of the Aspen Municipal Code, 1101'1, ':HEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding Section 7-143, which said section reads as follows: ", Section 7-143 Park Dedication Fee (a) No building permits shall issue for the con- struction of any new residential or commercial building within the City of Aspen, Colorado, until there shall have been paid a Park Dedication Fee, which fee shall be calculated as follows: (1) In the case of commercial development, there shall be made a ,cash payment in an amount equal"to six (6%) percent of the current market value of land pro- posed as the development site. I. I I I I i: . , f""'., -., - RECORD OF PROCEEDINGS 100 Lea ves 'OlIN,. ~,'o MO'~K'l',',' t, ~~_ (2) In the case of residential development, there shall be made a cash payment equal to the current market value of a percentage of the land proposed as the development site, the percentage of the land being determined at the rate of two and one-half (2 1/2) acres: for everyone thousand (1,000) residents of the proposed: development (i.e., the number of residents multiplied byj twenty-five ten thousandths (0.0025) of a acre per resident). The number of residents attributable to the development shall be calculated on the following basis: Type of Dwelling Unit Studio Number of Residents per Dwelling Units! One Bedroom 1.0 1.3 2.7 Two Bedroom Three Bedroom Single Family or Duplex 4.0 4.0 (3) In the case of mixed residential and commercial development the cash dedication for the residential usesi shall be determined as described in Paragraph (2) and th~ cash dedication for the co~mercial uses shall be as deter- rninedas in Paragraph (1) using as the land area of the Com- mercial development the total land area less the minimum land area required for the proposed dwelling units. . : , (b) The current market value of the land of the proposed development site shall be calculated as the value of the land in an undeveloped state, which is defined as that being with- out structures or buildings, but including other improvemen~s or utilities if installed at the time of permit issuance. In the event the City and developer fail to agree on the current market value of t,he land, such value shall be fixed and estab- lished by a qualified appraiser acceptable to both parties.] (c) The proceeds of such payments shall be deposited in: a separate account and shall be used only for the acquisition of land for public active and passive park and recreation ppr- poses, and for improvements to such park and recreation lanps. (d) No Park Dedication Fee shall be imposed if, and only if, such fee, or one similar thereto, ~as imposed by the Ci~y of Aspen and paid at the time of subdivision of the develop- ment site or a larger tract of which the development site was a part. All Park Dedication fees dues by reason of Chapter 20 of th~ Municipal Code shall be payable at the time of recordation of the subdivision plat and may not, at the election of the! subdivider, be postponed to the time of permit issuance under the provisions of this Section. Section 2 That Section 20-18 of the Municipal Code of the City of Aspen, ! Colorado, is hereby amended to read as follows: -2- "" r , ,~ ._" (.'."O'C.~'..',.l.to. ,-, RECORD OF PROCEEDINGS 100 Leaves , Section 20-18 Public De.dications and Easements " (a) All land submitted for subdivision aooroval shall be subject to thE~ fel'lowing land dedication or" cash pay- r.1ent in lieu thereof for the purpose of land acquisition for public activE! and passive park and recreation purposes, and for improvernEmts to such park and recreation lands. (1) In the case of commercial development, the subdivider shall make a cash pa~nent in an amount equal to six (6%) percent of the current market value of the land proposed for subdivision. (2) In the case of residential development, ":.he subdivider shall dedicate to the City land in the ratio of two and one-half (2 1/2) acres for everyone thousand (l,GOO) residents of the proposed subdivision (i.e., the number of residents multiplied by twenty-.cive ten thousandths (0.0025) of an acre per resident). The number of residents shall be calculated on the following basis: Number of Residents Type of Dwelling Unit per Dwelling Units Studio 1.0 One Bedroom 1.3 Two Bedroom 2.7 Three Bedroom 4.0 Single Family or Duplex 4.0 (3) At 1:he election of the City Council, ::he sub~. divider, in lieu of the conveyance of land required by Paragraph (2)" shall make a cash payment in an amount equal to the current market value of the land required for dedication by Paragraph (2). (4) In the case of mixed residential and commercial development, 1~:he required dedication for the residential " uses shall be determined as described in Paragraph (2) and the cash dedication for the commercial uses shall be determined as described in Paragraph (I) using as the land area of t.he commercial development the total land area less the minim~~ land area required for the proposed dwelling units. (5) In the event cash payment is to be made and the City and subdivider fail to agree on the current market value of the land, such value shall be fixed and established by a qualified appraiser acceptable to both parties. Uni~proved land shall be appraised at the current market value of the site without buildings or structures but including other improvements or utilities if installed prior to subdivision. Improved land shall be appraised according to the highest and best use taking into consideration existing improvements on the site whether or not they are nonconforming structures. I " : ~ ~ i ~ I :1 I I " , :" ! -3- , ~ ,~ , .. RECORD OF PROCEEDINGS 100 Leaves 'OAM" ~... HO<CUI...... l.. ~o. (6) The proceeds of any such payments shall be deposited in a separate account and shall be used only for the ~cquisition of land for active and passive park and recreation purposes, ~nd for improvements to such park and recreation lands. (7) If a land area required for a public use exceeds the amount required to be dedicated by a subdivider, the additfonal land needed shall be reserved for purchase by the City of Aspen- for not more than five (5) years from the date of approval of the subdivision. (b) Whenever a proposed subdivision embraces any part of an existing or planned street or transit alignment designated on an adopted plan, it shall be the responsibil- ity of the subdivider to cause th~ right-of-,?ay required by such plan to be platted and dedicated to the public. (c) Whenever a tract to be subdivided includes any part of a bikeway, ~ridle path, cross county ski trail or hiking trail designaed on the Aspen Trail System Plan, t.he subdivider shall plat and grant public ease- ments in compliance with the plan. (d) Whenever a tract to be subdivided includes any part of an existing or planned public utility or drain- ~ge system designated on an adopted plan, the subdivider shall plat and grant public easements in compliance with the plan. (e) The easements and dedications required by Para- graphs (b). (e) and (d) shall be in addition to any : right-of",:,;ray grants other~vise provided for in t!1is :'Chapter 20; and shall be in addition to, e:.nd not be included in, the computation of the park dedication required by this Section 20-18. Section 3 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect 'without the invalid provisions or applications, and to this end the provisions or applications of this ordinance are declared to be severable. Section 4 A public hearing 'Dn this ordinance shall be held on the _ day: of _, 1976, at 5:00 P.:1. in the City Council of the C~ty of Aspen, Colorado, at its regular meeting held -4- T .-' ,-. " SPEN 130 so street aspen, 81611 MEMORANDUM, DATE: December 9, 1975 TO: Members of City Cpuncil FRo~andra M. Stuller RE: Recommended Amendments to Subdivision Dedication Requirbments The Planning and Zoning Commission has evidenced considerable concern for a period of time over the equities of the park dedication requirement. At their meeting held October 21st, the P & Z Jitlade a series ,::>f specific recommend- ations, namely that you: 1. Retain the dwelling'-unit/land - valuabion' fee schedule. 2. But, apply the schedule and formula to all building permits so as to extend the dedication re- quirement to all new develo~nent, not merely that com- ing within the definition of a subdivision. 3. Retain the right to request land dedications when appropriate. 4. Delete the duplex, 1:riplex and fourplex ex- ceptions. 5. Retain the trail, road and drainage dedications as they exist in the present subdivision regulations. 6. Provide that if a dedication is paid or made at the time of :subdivision, t:hen permits subsequently issued fOr the subdivision development are exempt from the dedication requirement. 7. Redefine the land value which is to be apprais- ed; i.e. differentiate between improved and unimproved lands, and apply the test of "highest and best use" when appraising the former. ~ ~ Members of City Council December 10, 1975 -Page 2- At their meeting yesterday, t:he Commission approved the attached ordinance which incorporates t:he requested changes and recommended its adoption 'by the City Council. You will note that inasmuch as the change is one only to t:he subdivision code, the P & Z is not formally involved in review of the proposal, but the matter comes to you only as a recommendation for change initiated by the P & Z. Brian Goodheim ;has requested "a further amendment, one which will relieve the burden of the fee for those units which come within Housing Authority control. The P & Z forwards no recommend- ation with respect to this proposal. Brian's letter and explanation of his suggested approach is attached. SS/pk Attachment \ ,~ ,- CITY. 130 SQ aspen, SPEN street 81611 MEMORANDUM DATE: September 29, 1975 TO: Members of City council FRo~~andra M. Stuller RE: Miscellaneous COde Changes What follows is a series of minor code changes re- quested by various administrators, or suggested by you or precipitated by my own experience when working with the codes. The ordinances are designed to correct the following deficiencies: 1. Council suggested during one subdivision review hearing that it would prefer open space be provided at grade rather, than leaving open the opportunity to provide it four feet' above or ten feet below grade. This amend- ment must be submitted for P & Z review (because a zoning code bhange), if you wish to proceed. 2. A second zoning code provision requiring con- sideration is one either prohibiting or permitting the keeping of animals in residential districts as accessory uses. The q~estion often arises as to whether a home owner may keep a horse, kennel of dogs, et cetera, in the R distri?ts. The suggested approach would permit keeping of livestock if cl,early accessory to the use of the premises as a residence and not for commercial purposes. Again, this legislation must be routed through the P & Z. 3. Jim Markalunas has requested that Section 23-103 of the water code be amend.ed so that it is clear that water chargep, tap fees, and plant investment fees come within the p+ovision that it is the point of use, not connection, that determines if the in-City or out-of- City charges apply. The s.ection is somewhat unclear ~ """' Members of City Council September 29, 1975 -Page 2- because of the sequence in the code. The amendment proposed not only itemizes all charges covered, but places the. section under the end "Miscellaneous Provisions" so it becomes clear that the entire Article is intended to be covered. 4. The fourth code change concerns the criminal code and provides for the definition of trespass to in- clude placement of personal property on the land of another as.well as the entry onto another's premises by a persOn. 5. Finally, our code provision against occupying rights-of-way without Council permission includes only "occupation" and "construction", and not "maintenance." I would like to expand the provision to include "maintenance" so as to bE~ able not only to cite occupants of the premises, but to include structures in existence at the time of the adoption of the code provision. A further amendment excludes temporary structures used in aid of construction as exempt from the Plfohibitions of the section. All of the above are submitted for (1) referral to the P & Z, or (2) first reading, or (3) amendment, or (4) rejection. SS/pk ..:<! Filed for record at .~ February 3, 1966 Reception No, 123329 P, M, olclock .;;:;,-,~?_ D \ V' IS 10". ,Peggy E, Coble, Recorder --:::i? ~ CI ~".,..,.. , RESOLUTION NUMBER I ~ (".s-- \ ~16 PACt ~b5 . , , .... " ...p- ,.,o'lo. RmULATIONS ESTABLISHING Im/' RULES PERTAnlING TO THE SUBDIVISION OF LAND. BE IT ADOPTED BY THE PLANNING CCMMISSION, OF THE CITY OF ASPEN. PITKIN COUNTY, STATE OF COLORADO. SECTlIlON r. TITLE nd,s .lleg\lJ.ation shall be 1cn0lln as. the "Subdivision .lleg\lJ.ation of the City of '" Aspen.. SECTION II.. PURPOSE The purpose of this Regulation is to llromote an adequte and efficient stret and road system; to llrevent congestion on l>treets and llromote traffic safety; to seou.re desirable public spaces; to insure the proper distribution ofpollulation; to lIrovide ,for ad.equte utilities and pUblic improvelllents; and to improve the health, safety am general welfare of the people, SECTION III. COMPLIANCE AzI:! person, firm or corporation who shall J.q out or ma.ke a subdivision Before dividing any traot 01' .land lying Within the corporate limits of the City Within the Illeaning 01' this Regulation shall compl;r with the following rules: SECTION IV', PROtJWu~ of Aspen into t1K) or more lots. any one of which :!.s five aO,res or less in size a subdivider shall follow the precedure outlineci bel,ow: 1. .At least two weeks prior to a publio hearing before the Planning Commission two copies of the llreHmi..ary plat of the proposed subdivision shall be sublllitted to the City Engineer and two copies to ~ Pl......i "s: Commission. The subdivider shall Within 7(seven) dqs thel'eaft&r provide one copy of the pre1imi"llry 1l1at, together with a form to be supplied by the Planning Commission, to each of the Utility Companies involved. Utility Companies ma;r then inspect the 1l~ and the site, lD"lrIng collJlllents concerning the ll1&oement of easements, etc", on the form provided and, where necessary. sketching reCOllJlllendedalterations on a copy of the plat, and transllli.t the plat and reoommendation form directl;r to the 1'111n"1 ng Commission, prior to the time of Public Hearing. - 1 - .~, - " ,',., (I Ie'. '. ~ BooK'ltl PAGL40{) ., 2. Atter receiving the plat. the :Planning Commission <:*rit.ll..... shall give at least one week's notice of the time and place of a public hearing regarding th6 study of such proposed subdiv:i,13ion. by advertisement in at least one issue of the 1ocaJ. newspaper. 3. After submitting the preJiJn4nary plat and at least one week prior to a public hearing before the Planning Commission. survey markers set to finished street grade shall be placed at critical points within the proposed subdivision for inspection by the Plaming Commission, the City Engineer. represantatives of the Utility Companies which may serve the subdivisioll.t, and other interested persons. 4. The procedure outlinedab:ve having been complied with. the aforementioned public hearing shall be held, at which time the Planning Commission may approve the preliminary plat for a period not to exceed one year from the date of such approval. .5. Within the specified period of one year after receiving appreval of the prelilll'll1liry plat a.nd at least :'IiO weeks in advance of a Planning Commission meeting~ a llnent1'acing and 3 copies of the final plat shall be submitted to the Planning Co\Qmissionfor .final approval .and one copy'lD to the City Engineer ror final i11Iipe~tion. 6. After receivi,ng final approval by the Planning Commission. the original ~ and one copy or the final plat shall be submitted to City Council ror its approval and acceptance or the areas dedic.ted to pUblic use. 7. Following aoceptance by the City Council, a Sepia. Auto-positive 01' othe1' reproduce~ble copy, togethe1' with one standard print or the plat as rinally approved will be supplied the or:f'i.ce or the City Enginee1' and the original may thaw be lega.14r recorded. SECTION V. PRELIMINARY PLAT The. prel.imina.ry plat shall contain the rollowing int'01'lllation. 1. Des Cl'iotion 2 .- .- . (a) (b) Proposed name or subdivision 6oo,~21B PAGL451 ;:1 (c) legal description or,thf) subdivision as part or some larl:er sub- division 02", tract orlarJti and,by rererence to permanent survey mol111llllents.with' a tie to a sectionoorner. quarter-section corner or an or.ficial city mOl111llllentas designated by the City Elll:ineer. Name and address or the sllbdiVider. the desil:ller. and the Engineer or Lalld Surveyor ( who shall be licensed to practice SU1'V'eying wi thin the ~tate or Colorado.). 2. Existing Conditions (a) location ,and principal dimensions or section lines. streets. alleys. easements. water. ClOU1'S,es. sewer.and, water mains. zoning boundaries, buildings or st:ructures.andallrights or way. whether public or priva.te. (b) Contour lines. with a vertical interval not to exceed two reet in areas or nol'!llal topography. or five reet in areas or extremeJ.;y rough terrain. ~c) The tract. survey boundaries and any tl'avers:e to,pe1'lllll.llent survey monuments lI!11st be. certified by a Land Surveyor. registered to practice in the State or Colorado: survey prensi<>n shall be such as to liDlit error to not more than one root in 4.000 teet. 3. Proposals (a) The locationalXiprincipaldimensionll rora.llppreposedstreets. alleys. lot lines. rights or way. alXi all a.:reas to be reserved ror public use. (b) The location or proposed bridl:&s,culverts. surraCII or sub-surrace draina.l:&ways.utilities. public buildings. pumping stations or appurtenancell' (c) Proposed changes to existing zoning boundaries. (d) Wh~rethe preliDlinary plan or develo:!lment cOcvers only a part or the developer'scontiguousholdings. a s~etch. .or the prospeotive, street system or the unsublllitted part shall be .t'u1'nisbed and the street system or the .submitted part will be co.nsidered in the lil:ht or adjustments alXi connections with the street system or the part not sublllitted. 4. ,Drafting or Plat (a) The prelimina.ry plat lI!11st be or a>so.ale. or not less than one inch to 100 teet:' the scale lI.ll1st be indicated on the plat. (b) A prominentJ.;y displayed north a.rrow. (c) The date or preparation alXi Land Surveyor's CIIrtification. (d) The plat shall proVide spaoe ror co~ntsand suggestions rrom the City Engineer. the Utility C!mtpaniell and the Planning Co1lllllission. 3 I~ - <' . SECTION VI - FINAL PLAT 800K218 i'f,Gl4!Jcji After approval of the preliminary plat as set fol:'th in the preceding section, the: subdivider may sublllitto the Planning Comlllission his :f'inaJ. plat of the subdivision. The :f'inaJ. plat shall contain all the in1'ormation required in the preliminary plat and in addition thereto, shall include the following: 1. Description (a) Accurate dimensions for all1ines, angles and curves used. to describe boundaries, ,streets,aJ.:l,eYs, easements, areas to be reserved for public use, and ,other important features. .All dimensions to, be determined by an accurate field survey which must balance and close within a limit of one foot in 4,000 feet. (b) An identification system for all lots and blocks and names for streets acceptable, to the City Engineer. 2. Dedication of Propert:v (a) A formal stateInent of , dedication for all streets, alleys, easements, parks and other public facilities , signed. by the legal olllle,rs of the lands involved and attested by a Notary Public. 3. Improvelll9nts (a) A statement that all necessary, improvelll9nts fora water system, sanitary sewer system, . gas service, electrical service, grading and landscaping, storm sewer system, curbs and gutters, street pavement and. sidewalks shall be financed by the purchaser or seller _ NOT THE CITY OF ASPEN. 4. Drafting of, Plat (a.) All drawings and signatures to be in water-proof ink on tracing cloth, with outer dimensions of ,24 inches by 30 inches. There shall be ~U:~C:~i~;.ri~hl::~:~n:~~~l~~;d:i:S t~ ~~et sheets., In no case shall the scale be less than 1 inch ,to 100 feet. When more than one sheet is, required, an index sheet Of"" same size be filed Showing the entire subdivision with the individual sheets blocked out thereon as a key. (b) A description ofperma.nents~y points whi,ch have been set at critical points in the subdivision shall be submitted with the :f'inaJ.plat. (c) The:f'inaJ. plat shall provide a ,certificate of :filing to be completed by the County Recorder and will indicate the date and time of filing. (d) Certification by a Registe,red tand, Surv!lyor that the plat represents a survey made byh:iJn and that themo;!1uments shown thereon actualJ.;y exist. as lo,cated and that all dimensions and details are correct. A copy of any deed restrictions to be imposed by the subdivider shall be submitted wi th the plat. (e) 4 J - ,- " 5. Fi~ and Ins>>ection Fee (a) There shall be aresearc h and inspection f'ee.wbich shall be paid to the City of'. Aspen by the subdivider as f'ollows: For the first five lots, $5.00 per lot. FOr thene.x:t five lots, $3.00 per lot. For all lots in excess of' 10, $2.00 per lot. BGOK218 PA~L 115U .. SECTION VII. DESIGN STANDARDS The f'ollowing de$ign standards are adopted as minimum requirements f'or all subdivisions except where ,unusual topography, size or shape of property or other exceptional situation o~ condition my warrant variance f'rom such requirement. 1. Streets (a) Streets shall bear a logical. relationship to topograph;w and to the location of' existing or platted streets in adjacent properties. (b) Streets, utilityrights-of'_way, and public open spaces shall conf'orm to approved plans for the extension of such public facilities. Qc) Minimum right-of-way widths shall be as f'ollows: Arterial Streets--80 f'eet Secolld.a.ry Streets__70 fee.t Local or minor Streets.....6o feet (d) Dead-end streets shall not exceed 400 feet in length: a turnooaround with a J11ini"l'lDI radius of $0 feet must be provided. (e) lIhenever possible, streets shall intersect at right angles: where streets meet at acute angles, a reasonable street corner radius will be required. Half' streets will not be accepted by the cii;y as dedicated property. Street grade limits shaJ.l be as f'ollows: Arterial Streets: Min. Grade, 0,5%: Max., 5.0% Secondary-Streets: Min. Grade, 0.5%: Max.,7.0% Minor Streets.: Min. Grade, 0.5%; Max., 8.0% Streets shall be leveled, when possible, to a grade of less than 4 per cent fora distance of at least 100 feet approaching all intersections. 2.S't1r.t'acins: Standards (f) (g) (h) (a) All streets shall be constructed with a base course and bituminous mi:lted surface, or equivalent, in accord.anee with the City SpeCifications for street and road construction, which specifications are on fUe in the otf'ioe of the City Engineer. 3. Water Lines (a) The subdivider shall connect with an approved water system and shall make such water.availabletoeach Lot witlin the subdivided aretll. Adequacy of supply and sizes of water 1Ilains shall be determined bytheCity Engineer. Workmanship and. details of construction shall be in accordance wi thAspen Ci~ Specifici;l.tions. All work shall be done as directed by the Aspen City Eng:Lneer. 5 ...;.. (a) 'If ~~ \..J' ~ , .~ i\~ if! Where a publio sanitary sewer is reasonably- aocessible (within 400 !e;; (four hundred) feet fI'Qlll the outside boundary of the subdivision), the, <h..'.T subdivider shall oonneot with such sanitary sewer and provide adequate 10' sewer lines acoessible to each lot. Sewer conneotionsand subdivision r""" sewer systems shall be installed in acoordance with Aspen Sanitation '~ Distl"'iot Rules and Regulations and subject to the. approval of the Aspen -J,. Sanitation District. ,Wher,El a public sewer is not reasonably aocessible" 1, the. subdivider znay upon appl"'oval of the City Counoil, either install C d'! individual sewerage faCilities at his expense ,or require the builders . ! provide such facilities as part of the oonstruo,tion of buildingS or "1 ! structures. Where individual sewerage facilities are to be installed, '! ! serving twenty five (2.5) or 1ll0re persons, the individual systelll s~ ' be desighEid by a l::kuIWS9. Sanitary Engineel"'. n'uch P~J.-oe sub_ mitted with the application for building permit and shall be subject to the approval of the Department of Pu.blic Health of the State of Colorado. Fol"' individual sewage systems fol"' less than twenty five (2.5) people, the sys,telllshall be designed in acoordance With departmental practice of the Buildin.g Inspection Department, City of Aspen. ,~ ..-., ;. " BOOK 218 PAGl460 4. Sewel"'s .5. Lots (a.~ lot sizes shall be in accordance with current zoning regulations (but in no case shall be less than 6,000 square ,feet and 60 feet in front width). (b) Side-lot lines shall be at rightangles to. the street line or at right angles to the, tangent te the curve of the street line whenever praoticible. ! (c)' Reversed corner lots and through lots shall be avoided. 6. Blocks (a) Blooks for residential use shall not exceed 1.000 feet in length. 7. 'IrrigationDitches (a) . rrPigation ditches shall not be pel'lllitted on public roads or streets except fol"' properly designed and constructed road orossings. -. 8. AlleyS and Ea.sell1ents (a) The Cit;r may require alleys at least 20 feet in width and open at both ends. Where alleys are not required, easements at least 10 feet in width shall be provided along each side of all rear lot lines and along certain side lot lines where necessary for utilities such as poles, wires, conduits, storm or sanitary sewers, gas and water lines. 9. Monwnents (a) Steel pin llIOnurnents, 1/2 inch in diameter and 30 inches long, set in concrete not less than .5 inches in diameter and 24 inches deep shall be placed nush with the natural ground or finished street grade at all intersections of street or alley lines with plat boundary lines and at all points of curvature 01" angle points of such lines., All DlOnwnents shall be properly set to grade before approval of the Final Plat can be ntade. SECTION VIII -_ GENERAL 1. Pu.blic. Streets (a) .Acceptance of streets ona subdivision plat by the City of Aspen shall be for purposes of legal description only and not for autol1latic l1laintenance or 6 ..- .- .-, ~, . BODK218 j)~,G[ 4bl i construction. Such l1lB.in~nanee shall be provided on4r a:f.'ter streets have been improved by the SUbdiride'for subsequent land owners in accordance with! City construction standards am. specifications. No building shall be erected nOr shall a building permit be issued for a building unless the street giving access to the lot upon which such building is proposed, and connecting to an accepted public thoroughfare, shall have ' been completed to the a:f.'orementioned. City specifications. Such shall be required in order to prevent fire, health and Sa:f.'ety hazards which could be created by a dwelling located without access to a public road. 2. Public!l!!!. ~ Service Areas (b) (a) Dedication of parks, school grounds, recreation uSeS and other pUblic open . spaces within the subdivision shall be required in accordance with the mastE.r plan or other. designation of the City of Aspen. The owner of the land to b~ divided shall allocate and convey not less than 4% of the area of the . proposed sUbdivision:tbr such public use purposes. At the option of the City, the owner. shalJJ.inlieu of such conveyance of land pay to the City in cash i an amount equal to, 4%. of the value of the land. J:f the City and the owner . tail to agree. on the valueot the land, the va,lue shall be tixed and . establishedbya qualified appraiser selected by the City and theowner. The proceeds of s'l1ch payments shall be deposited in a separa~ City account, and shall be used on4r .for the acquisition ot land tor parks, playgrounds, ' recreational, school or similar public purposes, or tor the improvement ot such lands. It the area. required tor si1Qh public uses' exceeds the tail' amount tor the subdivider!s contribution, the lands needed in addition to such tail' contribution shalJ. be reserve.d tor purchase by the City ot Aspen tor not lef\s than five (5) years trom the date otapproval ot the subdivision. :3. Suitabill tv 2! .ih2. ~ (a) No land shall be subdivided. tor residential use which is held by the PJ.annir\g Col1lllJission to be unsuita.ble for such use by reason otflooding or bad drainage, adverse earth or rock t01'lllationor topography or any teature likely to be harmful to the health, sa:f.'ety,or weltareot the future residents in the proposed subdiVision or of the, collllllUIlity unless and until such land is rendered suitable tor residential use. 4. Variances (a) Where the subdivider can show that a provision ot these general requirementsi and minimum standards of design would cause unnecessary, hardship if strictly! adhered to and where, because of topographical Or other conditions peculiar' to the site, in the opinion of the Plal'lning Colll1llission, a departure may be made without destroying the intent of such prOVisions, the Planning Com- mission may authorize a variance. Any variance so authorized shall be stated in the final plan and the reasons forsuchdeparture shall be entered in writing in the minutes of the Planning Col1lllJission. 5. Adm'ini.strative Responsibilities (a) All administrative officials of the City of Aspen shall refrain from issuming building permits or from op~ning, accepting, grading, paving, or lighting a. i street or authorizing the laying of' sewers and 'tolllter I1lB.ins in a street which! has (1) not received the status of a puli>lic street or (2) dOes not correspon4 with a street on a subdivision plat tentatively approved . 7 - - ~. . 8001\218 i'AGL 4b2 by the P4nni"lg Col1llllissionor(J) hll.v:i.ng been submitted to the Planning, Commission and disa:pproved by it. hll.snotbeenaccepted by the City Council by a favorable vote .ofmore, than two..thirds(2/:3) of their membership. SECTION IX. UNRECORDED PLATS No owner or agent of the owner of arI3'. land located within a proposed subdivision Sha.ll transfer. sell. agree to sell. or negotiate to sell a.rr:y land by reference to. exhibition ot. 01' by the use of a plan or plat of a subdivision before such plan or plat hll.s been approved by the Aspen City Council and recorded by the Pitkin County Recorder. The description of such lot 01' parcel by metes and boUlXls in the inst:rument of transfer or other dOC!11llents used in the pro,cess of selling or transferring shall not exempt the transaction from arI3' penalties provided by the State of Colorado Statutes. Failure on the part of the subdivider to record the final plat within a period of 90 days following approval by the City Council shll.ll render the platinva.lid and reconsideration by both the City Planning Commission and. the City CoUncil will be required befol'$ its acceptance. SECTION X. DEFINITIONS As used' in these Reg11J.a.tions: 1. A"subdiviliilllii."i:is.".a.;'d~emhbed".;!:;ragtoo.e hmi:1which has been divided into two (2) 01' more lots. tracts. 01' pa:rcels. arI3' one of which is five (.5) acres or lellS'in area. 2.~ A "sulxiividel''' is arI3' pe:rson laying out 01' zna.king a sulxiivision fol', the purpose of first sale. offering for sale. 01' first selling. for himsel.:t' or others. a sulxiividioll or 8J:ry' part thereof. :3. A "preliminary plat" is a :map Or cha.:rt .of, a proposed sulxiivision. 4. A "linaJ. Plat" is a :map or chart of the SUbdiviSion. which has been accul'ate1:y surveyed by a registered surveyor and such survey is :marked on the ground so that streets. alleys. blocks. lots. and other divisiollB thereof can be identified. .5. An "easement" is the quantity of land. set aside or OVel' which a libe:rty. privilege. 01' advantage in land without profit. existing distinct from the ownership of land. is granted to the public or some pal'ticu.lal' ,pe:rson or part of the public. 8 }~ .- BOOK21B PACl463 ., . ,':I, . 6. 1I0ther pUblic dedication II shall refer to 'parks, playgrounds, drainage channels, or other areas of land to be ,dedicated to public use. 7.IIArterial Streetll, a street of' great continuity existing or planned, which serves or is intended to stlrve as a principal traf'fic way and is designated in the major street plan as a limited aQcess highway?par~ or other equivalent term to identify those streets comprising the basic stru.cture of' the street plan. 8. IISecondary Streetll, a street of' limited continuity 'Which serves or is intended to serve the local needs of a neighborhood. 9. IlMinor Street II a Street of limited co,ntinuity which serves or is intended to serve a small number of families, does not act as a feeder street for another traf'ficway and does not exceed siX hundred feet in length. 10. IIThroughIotll A lot which has public streets adjoining both front and back, lot lines. 11. IlReversed Corner Iotll A corner lot which is bounded on three sides by public streets. SECTION XI. PENALTIES 'It shall be unlawful for :my person, firm, or corporation to'l/!liolate arry of the proviSions of this regulation or.1-~ sell :my lot within a subdivision in the City of Aspen as defined herein until such subdivision has been approved in writing by the City Council and recorded in the office of' the County !lacorder. It shall also be unlawful to sell or lease :my lot or parcel of land which has been described by metes and bounds until such subdivision shall have been similarly approved, if' such lot or parcel of land lies within or forms a part of' a subdivision as defined herein. 9 ~ , - ~ , ""., .- '{;. BOOK218 i'AGlilri4 No County Reoorder shall file or reoord a plat or other instrument used for the subdivision of land as defined herein without such approvals. SECTION XII. EFFECTIVE DATE This llegulation shall take effect upon its passage and shall be published in pamphlet form for Publio Distribution. PASSED BY THE PLANNING COMMISSION OF THE CITY OF ASPEN, COLORADO THIS 95- DAY OF fjA-'<U-A , 11r:~- . -'---" "''' '\ \ \ ~::::'" 1'::;:;'--'- \ (SEAL) -' / , ~ ~/ 10 . - ;;'~"'" ~, ~.:' .~ ~ "" '-~ .1;t: ~ '-d ~ ~ >;? (.~'~ ' "'J.(!"1> Vh) ,f;:~;? "ti _..- ..", --~,,",-'''~'''-'-''''''''''-''-~~_.'~ ~ '.::'c' ,:: .;; --.- " " c" ~..",': '. ( . ~,~r "::, ",' , ., ~~: ";>. ~ ' - ~"''1. ~ ~ ' ~,,' ~'~lJ ]' I I Ii ~ .4 \\)" ~.~, I I~ i ,i;'jl~' i ~ ~ ~- - "-; , '., r.');.... .... ~l ,~~ ;,\, 'F'"';~~ ',:~"'~ ~ ~ , . , ~. (,'J. ,~ .' , >~; ." .;-",-~.,,;,~" - ", ,-'.t,C:"~ , ~ ". ~,,,," ,,;'C'^,l.. -"~'" 6, ;;,~ '~. ..,.'.' -,''- r-" r-, C I T Y o F ASPEN PLANNING P. O. BOX 3 4 9 March 15. 1965 AND ZONING COMMISSION ASPEN, COLORADO 8 1 6 I I Mayor Harald Pabst City Counoilmen: Werner Kuster David Stapleton Wi 1 H "111 MoEaohern Bobert Barnard. Me'D. Gentlemen: I At a publio hea:r1ng et th$ City ot Aspen pl......... lWi Zon$~ Cellllllission en March 9. 1905, th$ proposed sUbdivisiGn re~tiQns were read all.d d1sCll1Ssed w:l.th the public. No oppodtionte tb:\;s regulation was voiced. . Follow:l.ng the adjOlU'nlll8nt ot the public hearlDg the Pl ",...-1 1'\11; and ZordDg .Cellllllission held a regular meeting. Da1'1ng th:1s meeting it was voted by th$ co1lllldSsion melllbers tbs.t these sub- d1visiol1 regulations be aCCf!pted., The PJ .......-1 1'\11; lWi ZordDg CGIlIIIIission would now like to reCOIlllll8M to the'Oity Ceunoll that these sUbdivision regule.t1ons be adopted by the City :!.n the tom otan OrdiDance. JW!pn ~/~-~/7~ ~ A. ~A~ -~~ ~~:T/6'./~~ ~--cy~ ~ cJE~~ ,I""', I""', J> , The Aspen Times Box E Aspen, Colorado PROOf OF PUBLICA nON STATE OF COLORADO ss. Copy of Notice County of Pitkin I, ---JyjJ..LI.-';tItLJ!-,,__.Q1J.DaW~Y__ do solemnly swear that I am the ----__I'.1J.hJ..isb.l'1r___________ of THE ASPEN TIMES; that the same is a weekly newspape~ printed, in whole or in part, and published in the County of Pitkin, State of Colorado, and has a general circulation therein; that said newspaper has been pub- lished continuously and uninterruptedly in said County of Pitkin, for a period of more than fifty~two consecutive weeks next prior to the first publication of the annexed legal notice or advertise- ment; that said newspaper has been addmitted to the United States mails as second.class matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said news~ paper is a weekly newspaper dUly qualified for publishing legal notices and advertisements with the meaning of the laws of the State of Colorado, That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of ~_~___ consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated ---!'ElJ:2:r:.1,l~:rX__J,.2_____ A,D" 1993, and that the last publication of. said notice was in the issue of said news- paper dated ----:!"~J:2:r_1,l~:rX__?Q____ A.D" 19 _Q5 ~'AJ/ Subscribedp:Rd~ 'Sworn. to before me, a notary public in ~. ,~ the County'.~~-.~rtii.f~;-~f~t~_"6f.:.COlorado, this ----1.--=----- day of .- . .~. J " H~~---~-. AD,. 19-b_6 t ~ ru,,~ ' ):, 'L S:l Q "-to UJ.. j Notary Public My commission expires ~~1~\,~~h ~ \",. '- /""'. The Aspen Times Box E Aspen, Colorado . ~ PROOf OF PUBLICATION STATE OF COLORADO ) ) ss. County of Pitkin ) I, ---.IiJ.:LJ..1!J.]lLJ(..__:Q:YrJ.~'W_!J.Y_ do solemnly swear that I am the _____P~l:l1~J3ht9X_ ____.____ of THE ASPEN TIMES; that the same is a weekly newspaper printed, in';'whole or in part, and. published in the County of Pitkin, State of Colorado, and has a general circulation therein; that said newspaper has been pub~ lished continuously and uninterruptedly in said County of Pitkin, for a period of more than fifty~two consecutive weeks next prior to the first publication of the annexed legal notice or advertise- ment; that said newspaper has been addmitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said news- paper is a weekly newspaper duly qualified for publishing legal notices and advertisements with the meaning of the laws of the State of Colorado, That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of _~~Q__"_ consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated --f~l:lX,,_~J:Y__19_______ A.D" 19Q5, and that the last publication of said notice was in the issl~e of said news~ paper dated -----_1"~9_I'''_~J:L.?_?___ A,D., 19_~5. Subscribed. and sworn to before me, a notary public. and for the CounJy:~tP~kin-, .State of Colorado, this ---d:::~__ day of -. .},),,~~.0.h':.L~_ A.D" 19b_5 ~ ~I'l.;~ ' s:- a J:J O)\..(1 ~ ^-"-- Notary Public My commission expires -~sU;>j;_.__J._~-,-__J.,9J2Q_ Copy of Notice r-. l~ The Aspen Times Box E Aspen, Colorado PROOF OF PUBLICATION STATE OF COLORADO ) ) ss. County of Pitkin ) Copy of Notice I, G~-()!:.g~__W..._Ma_4s_El!ltL.J_:r:-,,_ do solemnly swear that I am the -AssQC__Edit.or__________ of THE ASPEN TIMES; that the same is a weekly newspaper printed, in whole or in part, and published in the County of Pitkin, State of Colorado, and has a general circulation therein; that said newspaper has been pub. lished continuously and uninterruptedly in said County of Pitkin, for a period of more than fifty.two consecutive weeks next prior to the first publication of the annexed legal notice or advertise. ment; that said newspaper has been addmitted to the United States mails as second.class matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said news- paper is a weekly newspaper duly qualified for publishing legal notices and advertisements with the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire, issue of every number of said weekly newspaper for the period of ___~_~__, consecutive, insertions; and that the first publication of said notice was in the issue of said newspaper dated ------lVlaJ:'cll---::J,-------- A.D., 196.:::;'., and that the last publication of said notice was in the issue of said news~ paper dated / Suhscrihed and sty; befOrt~e,a notary puhlic in and the County of Pitkin, State o[Colorado, this .-..1-th------ day of ..._.Ap.r:il________ A.D., 1965. c...Oc~-i. ~,D Notary Public O.\~D~ My commission expires -_S!3.J;11'-_J.2...._.l9_Q9_ ~~~ "'>-..' ::""""'...... -T,- - ~ .-, PROPOSED AMENDrillNT TO ASPEN SUBDIVISION REGULATION RE: Cash dedication requirement for parks Whereas the Aspen City Council has defined housing as a priority issue and has more ~pecifically defined the provision of safa and sanitary dwelling units at moderate prices' to permanent, full-time employed persons of moderate incomes as a public goal, the folloWing amendment to the Subdivision Regulations of the City of Aspen is proposed: This amendment proposal is at the request or a consensus of those council and . planning and zoning commission members present at the June 24th P & Z/C;uncil Study Session, and at the July 2 housing work session. The consensus opinion was for the Housing Administrator to draft legislation that would discriminate between "cost priced" and "Market priced" residential developments. Such legislation would encourage the development of more "cost priced" projects, while at the same time not discourage the development of "market-priced" units. In order to facilitate condominium 'home ownership among moderate-income permanent residents, it is proposed that the park dedication requirements be modified to reduce the payment necessary for those dwelling units in proposed subdivisions where the cash payment option is elected by the city, and whose marketing program will be at least partially controlled by right of refusal or option of the Housing Authority. For such proposed subdivisions containing dwelling units on which the housing authority has been given a right of first refusal by the developer or owner, the cash dedication amount will be computed as follows: 1. The number of residents of the proposed subdivision is calculated in the same manner as presented in Section 20-18 (a). (1) el{cept that sub-totals be generated counting residents of dwelling units con- trolled by Housing Authority option versus the number of residents contained in "market units". 2. For lImarketunitstl, the acreage and cash dedication requirements are calculated as proscribed in Section 20-18 (a). .' ~._,.- ..'.. "~'" ,l""., ,..,~.;:c';'., .!:""l".,.. "~~~J",.,.~.c,.J' ..,....~~:"::H.. '"''!'''''.(';)':''''':''~''.''''''''''''''''''''''''''''.'';>''''''''''''''-M''''';,....'"~'''''''......,'''' -.ir.;..,.... . .~~ ....~ '..~ ^ ~ 3. For "controlled units", the acreage dedication refluirement is cal- culated as in 20-18 (a) but the cash requirement is.calculated by multiplying the acreage requirement by the price per acre of out~ lying vacant land suitable for use as an (active) park. This per acre price shall be.determined by City Council's periodic request of opinion from the Housing Administrator or other qualified appraiser of Council's choice. 4. The total payment required of any proposed subdivision is the sum of the dedication requirements for "market" and "controlled" units, however, the cash dedication cost savings resulting from the controlled units must be passed onto the ultimate retail consumer. Specifically, the developer cannot accept the cost savings without a commensurate price reduction in the "controlled" units (relative to comparable "market" units) nor may the developer amortize the higher dedication expense for the "market units" over any "controlled" units in the proposed subdivision,resul.ting in equal prices for both unit types. 5. furtherance of the objectives stated in (4) above, and at the majority of the City Council, Council may d (amortized over a period not to years 6% on the un- paid balance) subsequent to provided that such purchaser is utilizing the dwelling or her primary residence and otherwise qualifies, defined. It however, of such subtracted from the retail price forth in (4) above. Such demonstration may be by the purchase price on a valid contract for sale of real estate. ....." , }'__~'c..",.~,...n"';';"':~ I ._J_.~_.... .~'- -"""""""~'''''''''''''''~'';.''''''''''''''''''''':~,'''''''''''''''~~'_r'~'~'_._,...""_",,,...,~~._.__~ ~ ~~ - ^ -, I I DEFINITIONS Permanent Resident: A legal resident of Pitkin County for a period of at least two years or a person who has evidenced his or her intention to permanently res~de in Pitkin County by having applied for"voter registration and by having been offered employment of a non-seasonal nature. Such employ- ment shall be evidenced by a letter from the prospective employer stating the nature of the proposed employment contract. The final determination of permanency (for purposes of qualification for Housing Authority programs) among those residents of less than two years duration shall rest with the Housing Administrator. Permanent Employed Resident: Shall mean a permanent resident who can verify his or her year-round local employment of not less than 36 hours per week. Letters from employers, W-2, and/or IRS tax returns may be used to verify such employment. Cost-Priced Unit: A ~welling unit in a proposed subdivision whose contract price reflects construction costs and is lower than the market value of comparable dwelling units. Market-Priced Unit (or Market Unit): A dwelling unit in a proposed subdivision whose contract price is equal to the market value relative to comparable units. The price accelleration of such units is generally not controlled by the Housing Authority. Controlled Unit: A dwelling unit, preferably a cost unit, but may be a market unit, whose resale is subjec.t to price determination and purchaser qualification under the auspices of the Housing Authority. Right of Refusal. Option, Continuing.OPtion: Contracted mechanism(s) by which unit resale and price accelleration rates are controlled by the Housing Authority. -"'~- -- --~-",..,...-......._-_._------ ~ ,,' ~- - - . ~ - ...... "" A~ PLAIIflJl) AND Z(1I3(} COlMIS8!(Jf PUllLIC.IA'U,", SU&oDIVISU. IlIOUI.lfI(JIS '..-~. M&rllh t. 1.96S H....T1na: vu w.Utd'to llZ'dBr bT PlanrUnl r..-hnon Cba1.- oJ'" Want. Mr. Whitaker. SIIcnt..uy tr;rr tbe r,--.i".lI1_ .... uktod. 'to -..s. ~ pt~d. Slab- dJ..rtlioll fl8platJ.on" I'll', "-bitaker zoead the re,w,ltlon 1n it. lUlUret.y. Mra. 000dn0II.&b asked. U t.btre tIU'I not ta1T17 nUt reqa1. l.w ter ~ .~J aarktrt 011 both h'ont and back ot lot.t. 1'Ir. ""'1taktr laid ha t'Q.t the_ requ11 tlt.I _0llMU7 md. ot , ._""' """'t ~ IIbould "'niT ~d 'to 1MI repaced.. a. tt1.\ .J.IO tb,t they 1lIlllIld prab,bly 1MI 1.&n upeui'nl 'thana total II\It"I"I1 .... U. ~nt.t -.rs _Old. Mrll. Cloo<mough r,.U;ed h"" th.,.- UT1....d It &l1 6<... teat width tor lIt-rHt., Sle te1.t tb1.I to be -.;oeM1..." Mr. Willi txpla1nlld that. th11 lIUnO'\ jlI&t iRa'Mot. td.& bnt. ... the eut1ra width ot thll:"1gl1t of wq. wh1ahll!lllulcl1ncl.- a.dIlwe.lkl8tc. Qae,n.1C1ft WNI ...d, haw ckI ..~..,. lJtl'M't1 and 1I1Do-J' nr..'LI d1tttr. Mr. Willi upla1ned that Ul1th1nC 'Ip to 600 ten voul.d be a MOClnIW'1 Anltt. Nl;f'UI1na: WIder 600 tMt ~cl llD,ly 1nclucit tour a:r IIlI h-.t and vouJ.d be ooM1di1ad a IIl1nor .-w--t. Mr. AnthgQJ" ...d 11 MI;f apUc t-arIJr: n(lllaU_ bt.d botm ~d. Mr. v.ue .xpl.~d thlJl; onl7 tut. it. .v..t be 'OOIpt.bl. by toM Colorado o.p..n..nt. ot 1'IIbl.1c K..lth ttarniu'd 1lb1oh :U Nt. ollt 1n tha"t ..ot.1orJ, u tn.a TlplaUOII. Mr. thur.-tQn up1.a1ntd tbolJt tat Slpt.1o 1''' "'o1J!10aU0M u ptabl1etHld bT 'tall u. s. ~ ot P...bllG lMl.th.o .. bopa4 ibst l' lJIIllllld beCllllllll' t ~.J. pol1C17 to a~ the 11" DOt:lll. tact t.bp, b,-poUq. 'It.- aalted if bN WN ~ plio.. 1n V. 01"7 >IbutI 'th_ nblHTUi10u "'pla-t1ona lI0111d 8pply Mr. W.J.1.& ~d tbn Ui_ _" 1Gt'U1l:1 '"11' tew but it b Dto..sary 'to11t...the..relQl.lt1Mlllbetoretbllll'W~<U. ""td1rir1n,can_intolttlot.. Hr, Roy ukad 11 ftbd1Ti.-l.-.. QItI't.I1dIJ thl oi,," 'to '" -=,>>d to 'UlI o:lt1 .uld han to _ 1lp 'to tb... ~ beto.... bCIlI -Tall. 1Ir. v.u. lxp.IJ.1Dtd thtlt roo-t.b1nC in the replatiou 001Il4 be I'I~'N. I'tr. IlI:Mn:1 uked 11 Mibd1rldllr. llbo nut t-'il be __d 'h tbe a1t1.-t OCIIlpl1o )t!o. Villi tJ:p1.an.d t.hat; thil wo'llld ~Xld. on wbethll' 11(:...... ..tot had al.rIaltr bMz1 II'tart4d IDd 1.110 'that. tbI ~ 11 .J.IO QDnlidtll'inl tht.. n(llla'Uou t~ Idoptiat. b\lt that 1M7 vould. ban to " d;LacuaMd. w1t.h tht C~:r /"~-l'~"1l&n Iftd n.. CoImt:r PhDn1na ~~. c-"_.lmI. Ql>>lt.1on Will uktd. Iboat. t.1am..i U1 w:1:t.h Cit.:r~, K:'. tllitlbT upll1Md. tblJt th1I Will .J.1IO -.nd. under St:.rM"t.. U1 toM :N(A1at.1_, WhII1 '-'0 11 th... Np1.IU_ -:Ld. ut.nd be;roD4 t.be C1't7ll1Ut;. ,.... WiIDII read fro. U. C01Qrado PltnnUJe e.n4 ZoiUn( ~ that th_ :rel\llat1onl ooul4 be C-.r'll'illd III tu u threlI ailet out. rr- t.bt C:1:t7 ru.-tftr he hcrptd that t.bt cwm.7 PlIlDn1n&; CondlA1on vollld UtCI adopt thI.. .... reruat10nll nth -the nedlluV1 Yar1at1onl. and that t;h.,.- vould be tbla -to 1JorIl: 'tIlgthlr- 011 all lUbd1rltionl. Bob Rely uked 11 tbt r~1_.i..... ~t. tb. Comrt.7 lII01Il4 coop.rn. vith thI City nanning r---"'uon. ,.... Villi ati.-rll4 :r-.. h. taU that. &ttet" tbe d:L_.u0lll ~:f hav. had nth j'tht ()QuntJ Pl.....-l"l ca-.1aa1Oft that. tM1 v1ll adopt the_ hSllllltiOlllvithOllrt-e:1nnrllt1oP1otCO\lrM. ... Ktll Moore ....d it tht ..........trtiotl ot 0llrta.1D nbd1v1u- and lod,pt VO'llld .tt.ct. t.h.u> Uquor 11cIn_.. *'0 lIlllt explldnld that 10Mt IIIl1 'CIIlIt a pMlblM tor tM PlanrWlc U10 ZoaiN c-1ts1on ht rather tor the CoImty an4 'tht CU1 c.ou."IoU. Itr~ DImaw.,. ....xed b"" 1.ong 1t WlIlWl 0. beto", the.. nplat1mt CIIO\lld 1MI 111 etttcrt. I ... q - J I .1 11 I I I I . - - - - - "" - PIIoge2 Mln'Jtet of Public He-ar1n.g - $&bD1T1J11c1n Ragu1.atiMa, Il&:ron 9, 1965 !u. W.na ~la1M4 'loti'" t.1I1.tl If.. tJw, otf1-a1al Plibll~ -.nnc ..,. ~ a -"Lnl '1f the PJ.~ ad _1nI C_1HioD 1o<IQ\lI1.4 u..d:late~ r~ 1:lIh hiMr1zll. U tll.enI .... mo ~ ~1"""'''' otttoncl M bopMI 1Ih.t t.b f" i........ II'iU atkV' the Nlliht.1Q1W ;I.h ra$. .. NpiaiMd t.hiR ~ upl&t1._ -.J.d M.d to b<t P"b1.i!ibtd 'UMo ~ONNr'1 n\MlloP' ".r 't-1M. _~ beto:re btI-.... J.md"U &l1d pn 1nt.o p~ tON tor ,*,11.:= intozsat1orl- 11>> w:Ul ~ be ~d .. . O1t,. OrdUlance _ brt_ a p.n of O:I.tr ~OM-. !ha ha~..... rill ~ 110 mtMdt)" IllIU1. w.. proced:u;N it OOIIp~ad~ .Ml', ~ ",d it CIJruH.~"i.. --.l4 _ I&dar -.,u.'f'U;iQll, ",.uaU~. Mr,Wall.._ZO,ncl. Mr. Dunava;y",d 1f "-atlll of Nd:inm._ Ngalat1_ Ud bitn Mt bl t:rr wboIirtmn arowId towD. Kr. \!Ian. ~4 by eq1.n( th!i.t. in. wZ't4.1n no~N the,- would ocmtoa MCMM tMr bad ~,,1_ ..t.back ~" ~ Uld ~ "~at1Dnt IUld i/:n:) ior,rt. b1Ul.din&: u.a N(lIlat;iOM .. a1n.1Id:r 1W>l U'I':!., R!IlIln'W it.... 'iJ""111r_l:r \lwt ~ ~'Illd -.t. an of tM nlUlat,1oaIII ~t.& Mr. IIocil:r'e uklld 11 toM ctv woulil. _,~ _d1TiaUm.. Mr. '#all. up1.ai'aed Ulat M d1d nat know ... tha Pl-'.nl n-i -lI1en hu no _~ CYaZO -~, NT. ~ ",d if tMy tbw&:bt. tbt ..jor1t1 of tba --uCZl V'OQld be o.f lIIW~d abt!nlli..-, KT. Wallt ~4. KI:ybt. Ha_.~ it .ut M O(lIIl.-lnp.d th.t. tbt ec.__1;f ~d C:l.t;r haft d1tfeNTrt. ~ ct: b1l.1ldtlll ~cit1oat.1ona ~tl)N the.. 1n tJw C1't1 md ~ mrt.a1dt would h_ ~ nna'ti_. QuuUOl'I If" ukad how rtftIt p.Yi.:iI.c .c1t1d1ti'\... __ )Ii: '010 un""" It. Kr-. Wa1lll ~aaad tha't 1h1JI _lfld be dIId._d defl1dlld by th. 01'7 hIP-lIZ', "'1; Id!td Q[ .cil'1NU_..... aada for apcl tpaOll. Mr. \olalll :-ead tl'la '\M nlplatiDU oon-m1rlC t.htto Mro Jury BJ:'0IIIl o! I\t l.ao DalT ~rry 1l\l:JU1Nd olbout \ht p'wUon or thI Nl'llat.1on QOIIOllrrW\a p."..n1. far ~"1l8 bT tlIa City, _ ~ fIIr not. it apam.tild. tbI opI!t...tathtval_u:rw."l'aTed"'blpf'O"fad.~) Jack read !YaII the Stcticm DE the RIIl"}1atiM and rcnzn4 1't to be adtcr:1n..o I'l:r. Thurst.M uked 1t 8ptIa1t1a iUptnldClll of tht _r Cl:l.lrt.J'1at Ihoald bt Illtl1Uorwd. Ha &1.. "",,-"4 tbat tllt &ll1l1tatitXl ap.a1.f'1Qt,'\icm " adapWdo Mr, iI&1.1.I uplaiMd that in. at l114ah u th.,- ...-ra u1.n( the ~ Mt "" by tht pr~ :lian!t.&t!an D1l!trict t.l'.ay OiIIuld al~ tbu,p tilt.. ap.c1f1eat1anl 1t neceMary by _ _noballt ,at a later cIa"-. Thert be1rlg no opportttOl'l t.o I)QZ' an:r M1n craaaUOM O!lnll8l'!l1111 tbit re(ll1at1_ u.U'in&: vu acljC1l\U'Dtd. a.aordldl'J" ra1;l1'lft~ '!I ~ ,~,. .,.,