HomeMy WebLinkAboutordinance.council.044-01 ORDINANCE NO. 44
(SEmiS O~ 200I)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING AN
AMENDMENT TO THE SUBDIVISION STANDARDS AND PROHIBITIONS,
SECTIONS 26.480.020 AND 26.480.050 OF THE LAND USE CODE.
WHEREAS, the City Council and the Planning and Zoning Commission of the City of
~spen directed the Community Development Director to propose amendments to the
Subdivision standards to allow for the subdivision of land prior to obtaining growth management
allotments or exemptions for the purpose of creating land for future affordable housing projects
consistent with the Affordable Housing-Planned Unit Development Zone District; and,
WHEREAS, the amendments requested relate to Sections 26.480.020 and 26.480.050 of
the land use code of the Aspen Municipal Code; 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 Planning 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 recommended approval of amendments to Sections
26.480.020 and 26.480.050 of the land use code of the Aspen Municipal Code as described
herein; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the proposed amendments to the Subdivision requirements on November 6, 2001, took
and considered public testimony and the recommendation of the Community Development
Director and recommended, by a six to one (6-1) vote, City Council adopt the proposed
amendments to the land use code by amending the text of Sections 26.480.020 and 26.480.050 of
the land use code of the Aspen Municipal Code as described herein; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed
and considered the recommendation of the Community Development Director, the Planning and
Zoning Commission, and has taken and considered public comment at a public heating; and,
WHEREAS, the City Council finds that the proposed text amendments to the Subdivision
prohibitions and standards 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 o£public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section 1:
Section 26.480.020, Subdivision Applicability and Prohibitions, which section defines,
authorizes, and regulates the types of land use actions requiring subdivision approval and those
actions which may not be approved as a subdivision, is hereby amended to read as follows:
26.480.020 Applicability and prohibitions.
This Chapter shall apply to the subdivision of all land in the City of Aspen, unless it is
exempted pursuant to Section 26.480.030.
A. General prohibitions.
1. It shall be unlawful for any person to develop, lease, or sell any parcel of land,
including any separate interest in a parcel of land (including leasehold interest or
condominium interest) in the City of Aspen until it has been subdivided and a plat
recorded in the office of the Pitkin County Clerk and Recorder pursuant to the terms of
this Chapter.
2. A written agreement to sell or lease an interest in a parcel of land which is
expressly conditioned upon full compliance by the seller with this Chapter within a
specified period of time, and Which expressly recites that seller's failure to satisfy such
condition within said period of time shall terminate the agreement and entitle the buyer to
the prompt return of all consideration paid by the buyer, shall not constitute a violation of
this Chapter.
B. Development allotment. No development order for a subdivision shall be approved
pursuant to the provisions of this Chapter unless the applicant has been awarded a development
allotment or has obtained a GMQS exemption pursuant to Chapter 26.470, Growth Management
Quota System. Subdivisions of land zoned Affordable Housing Planned Unit Development
(AH-PUD) are exempt from this prohibition.
C. Prohibited conveyances. No interest in a parcel of land shall be transferred, conveyed,
sold, subdivided or acquired to create or extend a nonconformity, or to avoid or circumvent any
provision of this Chapter.
D, Prohibited development All structures shall be located on a subdivision lot. The lot lines
established in a subdivision shall not be altered by conveyance of a part of a lot, nor shall any
part of a lot be joined with a part of any other lot for conveyance or construction, unless the
application has been made pursuant to the terms of this Chapter.
E. Aspen Townsite lots. If two (2) or more lots within the original Aspen Townsite or
additions thereto have continuous frontage and are in single ownership (including husband and
wife) on October 27, 1975, the lots shall be considered an undivided lot for the purposes of this
Title, and conveyance of any portion shall constitute subdivision. An Aspen Townsite lot or
addition thereto includes ail lands depicted on the Aspen incorporation plat of record, dated
1880, plus any lot or parcel annexed to the city since that time which constitutes a
nonconforming lot of record, plus any lot or parcel which has not received subdivision approval
Ordinance No. 44, Series of 2001
Page 2
by the City of Aspen or Pitldn County, but excludes any subdivided lot in the City of Aspen
which conforms to the requirements of this Title.
Section 2:
Section 26.480.050, Subdivision Review Standards, which Section defines the standards and
criteria which must be found met for approval ora subdivision, is hereby amended to read as
follows:
26.480.050 Review Standards.
A development application for subdivision review shall comply with the following
standards and requirements:
A. General requirements.
a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive
Plan.
b. The proposed subdivision shall be consistent with the character of existing land uses
in the area.
c. The proposed subdivision shall not adversely affect the future development of
surrounding areas.
d. The proposed subdivision shall be in compliance with all applicable requirements of
this Title.
B. Suitability of land for subdivision.
a. Land suitability. The proposed subdivision shall not be located on land unsuitable for
development because of flooding, drainage, rock or soil creep, mudflow, rockslide,
avalanche or snowslide, steep topography or any other natural hazard or other
condition that will be harmful to the health, safety, or welfare of the residents in the
proposed subdivision.
b. Spatial partern efficient The proposed subdivision shall not be designed to create
spatial patterns that cause inefficiencies, duplication or premature extension of public
facilities and unnecessary public costs.
C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the
proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if
the following conditions have been met:
1. A unique situation exists for the development where strict adherence to the
subdivision design standards would result in incompatibility with the Aspen Area
Ordinance No. 44, Series of 2001
Page 3
Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the
community.
2. The applicant shall specify each design standard variation requested and provide
justification for each variation request, providing design recommendations by
professional engineers as necessary.
D. Affordable housing. A subdivision which is comprised of replacement dwelling units
shall be required to provide affordable housing in compliance with the requirements of Chapter
26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units
shall be required to provide affordable housing in compliance with the requirements of Chapter
26.470, Growth Management Quota System.
E. School Land Dedication. Compliance with the School Land Dedication Standards set
forth at Chapter 26.630.
F. Growth Management Approval Subdivision approval may only be granted to
applications for which all growth management development allotments have been granted or
growth management exemptions have been obtained, pursuant to Section 26.470. Subdivision
approval may be granted to create a parcel(s)zoned Affordable Housing Planned Unit
Development (AH-PUD) without first obtaining growth management approvals if the newly
created parcel(s) is required to obtain such growth management approvals prior to development
through a legal instnnuent acceptable to the City Attorney.
Section 3:
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 4:
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 5:
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 6:
A public hearing on the Ordinance was held on the 17th day of December 2001, at 5:00 p.m.
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.
Ordinance No. 44, Series of 2001
Page 4
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 26th day of November, 2001.
Attest: ~
Kathryn S.~ocl~, C~ty Clerk
FINALLY, adopted, passed and approved this 17~ day of December, 2001.
Attest:
APpi'°~ed as to form: ~Iel~ K(. Kla~]~l/~/, Mayor
Ordinance No. 44, Series of 2001
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