HomeMy WebLinkAboutordinance.council.007-11 Ordinance #7
(SERIES OF 2011)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
AMENDING THE FOLLOWING SECTION OF THE MUNICIPAL CODE: 26.480,
SUBDIVISION
WHEREAS, the Community Development Department prepared amendments to Chapter 26.480
of the Aspen Municipal code, affecting historic landmark lot splits in the Mixed Use (MU) and
Commercial(C -1) zone districts; and
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 after reviewing and
considering these recommendations; and,
WHEREAS, the Planning Director of the Community Development Department recommends
approval of the proposed amendments to the Land Use Code; and,
WHEREAS, the proposed amendments were presented to the Aspen Historic Preservation
Commission on January 26, 2011 for referral comments to be considered by the Planning and
Zoning Commission and Aspen City Council. The Historic Preservation Commission
recommended approval; and
WHEREAS, the Planning and Zoning Commission held a public hearing to consider the
proposed amendments to the above noted Chapter on February 1, 2011, took and considered
public testimony and the recommendations of the Community Development Director and
Historic Preservation Commission and recommended, by a 4 to 1 vote, City Council adopt
amendments to the land use code as written in Section 1, below, and
WHEREAS, the amendments to the Land Use Code are delineated as follows:
• Text being removed is bold and strikethrough.
this:
• Text being added is bold and underlined. Text being added looks like this.
• Text which is not shown as strikethrough or underlined is not affected.
WHEREAS, the Aspen City Council has reviewed and considered the recommended changes
to the Municipal Code under the applicable provisions of the Municipal Code identified
herein, has reviewed and considered the recommendations of the Community Development
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Director, Historic Preservation Commission and Planning and Zoning Commission, and has
taken and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Municipal Code
meet or exceed all applicable standards and that the approval of the proposal is consistent with
the goals and elements of the Aspen Area Community Plan; and
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 as follows:
Section 1:
Chapter 26.480, Subdivision is hereby amended to read as follows:
Sec. 26.480.030. Exemptions.
The following development shall be exempted from the terms of this Chapter:
A. General exemptions.
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 surveying 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. The corrected plat will meet the standards of this Chapter and conform to the
requirements of this Title, 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. The plat
shall be submitted and recorded in the office of the County Clerk and Recorder.
Failure to record the plat within a period of one hundred eighty (180) days following
approval shall render the plat invalid and reconsideration of the plat by the
Community Development Director will be required before its acceptance and
recording; and
d. It is demonstrated that the lot line adjustment will not affect the development rights,
including any increase in FAR or permitted density of the affected lots by providing
the opportunity to create a new lot for resale or development. A plat note will be
added to the corrected plat indicating the purpose of the lot line adjustment and the
recognition that no additional FAR will be allowed with the adjustment.
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2. Lot split. The split of a lot for the purpose of
single creating one (1) additional development parcel on a lot
formed by a lot split granted subsequent to November 14, 1977, where all of the
following conditions are met:
a. The land is not located in a subdivision approved by either the Board of County
Commissioners or the City Council or the land is described as a metes and bounds
parcel which has not been subdivided after the adoption of subdivision regulations by
the City 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 .
Chapter 26.470.
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 Chapter 26.470.
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 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
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.
f In the case where an existing building occupies a site which
is eligible for a lot split, the dw '� building need not be demolished prior to
application for a lot split.
g. Maximum potential residential build -out 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.
3. Approved subdivision. All subdivisions approved prior to the effective date of this
Chapter, except those lots contained within an approved subdivision which are intended
or designed to be resubdivided into smaller lots, condominium units or multi - family
dwellings.
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4. Historic Landmark lot split. The split of a lot that is listed on the Aspen Inventory of
Historic Landmark Sites and Structures for • • • ... • • • • • • •
family- dwelling the purpose of creating one (1) additional development parcel. The
Historic Landmark lot split shall meet the requirements of Subsections 26.480.030.A.2
and 4, Chapter 26.470,
Cede -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 -15A, RMF, C-1 or 0 MU Zone District.
b. The total FAR for each lot shall be established by dividing the size
allowable floor area for a duplex or two detached residences on of the fathering
parcel and according to the Zone District where the property is located. The total
FAR for each 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.
p .
c. The proposed development meets all dimensional requirements of the underlying
Zone District. The variances provided in Paragraphs 26 •41 " ° ' " b and e
Chapter 26.415 as benefits for historic preservation are only permitted on the
parcels that will- contains an historic structure. Th F"D bonus will b" aPp led
• • :• : ' •• •• • , • • : : • • • • ' ' • : • • . Only one (1) FAR bonus of up
to 500 square feet may be granted to each historic landmark lot split subdivision
exemption.
5. Exempt timesharing. The creation of time -span estates that comply with the
requirements for exempt timesharing, pursuant to Section 26.590.030 of the Code. This
subdivision exemption shall not be used to create any new lots or dwelling units. (Ord.
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No. 55 -2000, §11; Ord. No. 1 -2002, §11, 2002; Ord. No. 9 -2002, §9; Ord. No. 21 -2002,
§7; Ord. No. 34 -2003, §1)
Section 2: Existing Litigation
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 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: Recordation
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 5: Public Hearing
A public hearing on the ordinance was held on the 14th day of March, 2011, 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 14th day of February, 2011.
■
Michael . Ireland ayor
AT :''.
SthlAtsrAt
Kathryn Koch, •1. Cler
FINALLY, adopted, passed and approved this I ' I" day of 2011.
Michael C. Irelan. ayor
A Ow" i /.
athryn Koch, i f Clerk
APPRO S TO FORM•
es er, City Attorney
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1uc,rcu IJ .�.....• •
6184460
Ad Ticket #5 N
Acct: 1013028 Name: Aspen (LEGALS) City of
Phone: (970)920 -5064 Address: 130 S Galena St
E -Mail: ANGELA SCOREY
Client:
Caller: Kathryn Koch City: Aspen
Receipt State: CO Zip: 81611
Ad Name: 6184460A Original Id: 0
Editions: 8ATI /8ATW/ Class: 0990
Start: 02/20/11 Stop: 02/20/11
Color: Issue 1
Copyline: 6184460 atw Ordinance #7 R ep: AT Legals
LEGAL NOTICE
Lines: 20 ORDINANCE #7, 2011, PUBLIC HEARING
Depth: 1.68 Ordinance t#7, Series of 2011, was adopted on
Columns: 1 first reading at the City Council meeting February
Discount: 0.00 14. 2011. This ordinance. if adopted, will amend
the historic lot split section of the land use code.
Commission: 0.00 The public hearing on this ordinance is scheduled
for March 14. 2011 at 5 PM, City hall, 130 South
Net: 0.00 Galena.
0.00 To see the entire text. go to the city's legal notice
Tax: website http:llwww.aspenpitkin.com/
Total 10.12
Departments/Clerk/Legal-Notices/
If you would like a copy FAXed or e- mailed to you.
Payment 0.00 call the city clerk's office. 429 -2686.
Publisehd in the Aspen Times Weekly on February
20, 2011. [6184460]
Ad shown is not actual print size
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