Loading...
HomeMy WebLinkAboutordinance.council.037-13 ORDINANCE No. 37 (Series of 2013) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO CHAPTER 26.480—SUBDIVISION AND SECTION 26.104.100—DEFINTIONS, OF THE CITY OF ASPEN LAND USE CODE. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to prepare amendments to the subdivision chapter of the Land Use Code; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code may begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development Department; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach regarding the code amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on June 24, 2013, the City Council approved Resolution No.67, Series of 2013, requesting code amendments to the Subdivision Chapter of the Land Use Code; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Chapter 26.480 — Subdivision and Section 26.104.100—Definitions; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW,THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: The definition of the term "subdivision" contained within Section 26.104.100, shall be amended to read as follows: Subdivision. A land use action as required by Chapter 26.480— Subdivision. Ordinance No. 37, Series 2013. Page 1 of 15 Section 2: Chapter 26.480 — Subdivision, which Chapter describes the applicability, prohibitions, review process, and requirements for subdivision approval, shall read as follows: Chapter 26.480 SUBDIVISION 26.480.010. Purpose. 26.480.020. Applicability, Prohibitions, and Lot Merger 26.480.030. Procedures for Review 26.480.040. General Subdivision Review Standards. 26.480.050. Administrative Subdivisions 26.480.060. Minor Subdivisions 26.480.070. Major Subdivisions 26.480.080. Subdivision Application Contents 26.480.090. Subdivision Amendments 26.480.100. Appeals 26.480.010. Purpose. The purpose of this Chapter is to: (a) assist in the orderly and efficient development of the City; (b) ensure the proper distribution of development; (c) encourage the well- planned subdivision of land by establishing standards for the design of a subdivision; (d) safeguard the interests of the public and the subdivider and provide consumer protection for the purchaser; (e) provide procedures so that development encourages the preservation of important and unique natural or scenic features, including but not limited to mature trees or indigenous vegetation, bluffs, hillsides or similar geologic features or edges of rivers and other bodies of water; and (f) promote and protect the health, safety and general welfare of the residents of the City of Aspen. 26.480.020. ,Applicability, Prohibitions, and Lot Merger. A. Applicability This Chapter shall apply to the division or aggregation of real estate into lots, parcels, tracts, or other physical units or legal interests of land, for the purpose of transferring or enabling transfer of deeded interests in real estate including fee simple interest, fractional fee interest, timeshare or time-span estate, condominium interest, interest in a common interest community, or similar forms of real estate interest. This Chapter shall apply to the creation, alteration, realignment, amendment, vacation, or elimination of any lot line, property boundary, subdivided real estate interest, or other physical or legal definition of real estate, established by or reflected on a plat or deed recorded in the office of the Pitkin County Clerk and Recorder. Ordinance No. 37, Series 2013. Page 2 of 15 This Chapter shall apply to the dedication, boundary alteration, realignment, or any partial or whole vacation of a Street, Alley, or other vehicular right-of-way. This Chapter shall apply to creating, amending, aggregating, or vacating separate deeded interests in a property including fractional fee interest, timeshare or time-span estate, condominium interest, interest in a common interest community, or similar forms of real estate interest. Unless undertaken for the purpose of evading the procedures and requirements of Subdivision, this Chapter does not apply to the following activities: 1. A division of land created by judicial proceeding or order of a court of competent jurisdiction in this State, or by operation of law, provided that the city is given notice of and an opportunity to participate in the judicial proceeding prior to the entry of any such court order. 2. A division of land reflected or created by a lien, mortgage, deed of trust or any other security instrument. 3. A division of land created or reflected in a security or unit of interest in any investment trust regulated under the laws of Colorado, or any other interest in an investment entity. 4. A division of land to create cemetery plots. 5. A division of land creating an interest in oil, gas, minerals or water which is severed from the surface ownership or real property. 6. A division of land created by the acquisition of an interest in land by reason of marriage or blood relationship, joint-tenancy, or tenants-in-common. Any such interest is for the purposes of this Title a single interest. 7. The creation of an undivided leasehold interest in an entire parcel of land. 8. The creation of a leasehold interest in a portion of a parcel for a period of forty (40) years or less. 9. The creation of or transfer of a Transferable Development Right, pursuant to Chapter 26.535 10. The creation of or transfer of a Certificate of Affordable Housing Credit, pursuant to Chapter 26.540. 11. Any development or redevelopment which does not alter the physical boundaries or legal description of a parcel. 12. The creation, dedication, alteration, realignment, or vacation of non-vehicular easements such as utility or ditch easements, pedestrian or recreational trail easements, open space or similar use restrictions or easements, or other similar easements unrelated to vehicular access. 13. The creation, dedication, alteration, realignment, or vacation of a shared driveway easement when all affected parcels adjoin a public right-of-way. Ordinance No. 37, Series 2013. Page 3 of 15 B. 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 until it has been subdivided and a plat recorded in the office of the County Clerk and Recorder pursuant to the terms of this Chapter, except as otherwise provided by this Chapter 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. 2. Unless otherwise merged by operation of the lot merger provision below, merging or combining lots or parcels into one lot shall require subdivision approval pursuant to this Chapter. Lots shall not be considered merged, or otherwise legally combined, by a structure spanning the property boundary and shall continue to be separate ownership interests unless combined pursuant to this Chapter. 3. No interest in a parcel of land shall be transferred, conveyed, sold, subdivided, acquired, separated from or combined with another parcel without subdivision approval pursuant to this Chapter. 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 without subdivision approval pursuant to this Chapter. Conveyances intended to avoid or circumvent any provision of this Chapter shall be prohibited. A leasehold interest of 40 years or less of a portion of a lot or parcel shall not be considered a conveyance. C. Lot Merger. If two (2) or more lots within the Original Aspen Townsite or additions thereto had continuous frontage and were 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 require subdivision approval pursuant to this Chapter. Any lot within a subdivision approved by the City of Aspen or Pitkin County is exempt from this merger provision. For the purposes of this provision, the Aspen Townsite or addition thereto includes all lands depicted on the Official Map of the City of Aspen approved by the Aspen City Council November 16, 1959, (a.k.a. the "Buchanan Map") plus any lands annexed to the City on or before October 27, 1975. 26.480.030. Procedures for Review. A development application for a subdivision approval shall be reviewed pursuant to the following procedures and standards and the Common Development Review Procedures set forth at Chapter 26.304. According to the type of subdivision requested, the following steps are necessary: Ordinance No. 37, Series 2013. Page 4 of 15 A. Administrative Subdivisions. The Community Development Director shall approve, approve with conditions or deny the application, based on the standards of review in Section 26.480.050, Administrative Subdivisions. B. Minor Subdivisions. City Council, during a duly noticed public hearing, shall review a recommendation from the Community Development Director and shall approve, approve with conditions, or deny an application for minor subdivision, based on the standards of review in Section 26.480.060, Minor Subdivision. This requires a one-step process as follows: Step One—Public Hearing before City Council. 1. Purpose: To determine if the application meets the standards for minor subdivision approval. 2. Process: City Council shall approve, approve with conditions, or deny the application after considering the recommendation of the Community Development Director and comments and testimony from the public at a duly noticed public hearing. 3. Standards of review: The proposed subdivision shall comply with the review standards of Section 26.480.060. 4. Form of decision: City Council decision shall be by ordinance. The ordinance shall include a description or diagram of the subdivision and require timely recordation of a subdivision plat. 5. Notice requirements: Posting, Mailing and Publication pursuant to Subparagraph 26.304.060.E.3, the requirements of Section 26.304.035 — Neighborhood Outreach as applicable, and the requisite notice requirements for adoption of an ordinance by City Council. C. Major Subdivisions. City Council, during a duly noticed public hearing, shall review a recommendation from the Community Development Director, a recommendation from the Planning and Zoning Commission and shall approve, approve with conditions, or deny an application for major subdivision, based on the standards of review in Section 26.480.070, Major Subdivision. This requires a two-step process as follows: Step One—Public Hearing before the Planning and Zoning Commission. 1. Purpose: To determine if the application meets the standards for major subdivision approval. 2. Process: The Planning and Zoning Commission shall forward a recommendation of approval, approval with conditions, or denial to City Council after considering the recommendation of the Community Development Director and comments and testimony from the public at a duly noticed public hearing. Ordinance No. 37, Series 2013. Page 5 of 15 3. Standards of review: The proposed subdivision shall comply with the review standards of Section 26.480.070. 4. Form of decision: The Planning and Zoning recommendation shall be by resolution. 5. Notice requirements: Posting, Mailing and Publication pursuant to Subparagraph 26.304.060.E.3 and the provisions of Section 26.304.035 — Neighborhood Outreach as applicable. Step Two—Public Hearing before City Council. 1. Purpose: To determine if the application meets the standards for major subdivision approval 2. Process: The Community Development Director shall provide City Council with a recommendation to approve, approve with conditions, or deny the application, based on the standards of review. City Council shall approve, approve with conditions, or deny the application after considering the recommendation of the Community Development Director, the recommendation from the Planning and Zoning Commission, and comments and testimony from the public at a duly noticed public hearing. 3. Standards of review: The proposed subdivision shall comply with the review standards of Section 26.480.070. 4. Form of decision: City Council decision shall be by ordinance. The ordinance shall include a description or diagram of the subdivision and require timely recordation of a final subdivision plat. 5. Notice requirements: Posting, Mailing and Publication pursuant to Subparagraph 26.304.060.E.3, the requirements of Section 26.304.035 — Neighborhood Outreach as applicable, and the requisite notice requirements for adoption of an ordinance by City Council. 26.480.040. General Subdivision Review Standards. All subdivisions shall be required to conform to the following general standards and limitations in addition to the specific standards applicable to each type of subdivision: A. Guaranteed Access to a Public Way. All subdivided lots must have perpetual unobstructed legal vehicular access to a public way. A proposed subdivision shall not eliminate or obstruct legal vehicular access from a public way to an adjacent property. All streets in a Subdivision retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. B. Alignment with Original Townsite Plat. The proposed lot lines shall approximate, to the extent practical, the platting of the Original Aspen Townsite, and additions thereto, as applicable to the subject land. Minor deviations from the original platting lines to accommodate significant features of the site may be approved. Ordinance No. 37, Series 2013. Page 6 of 15 C. Zoning Conformance. All new lots shall conform to the requirements of the zone district in which the property is situated, including variations and variances approved pursuant to this Title. A single lot shall not be located in more than one zone district unless unique circumstances dictate. A rezoning application may be considered concurrently with subdivision review. D. Existing Structures, Uses, and Non-Conformities. A subdivision shall not create or increase the non-conformity of a use, structure or parcel. A rezoning application or other mechanism to correct the non-conforming nature of a use, structure, or parcel may be considered concurrently. In the case where an existing structure or use occupies a site eligible for subdivision, the structure need not be demolished and the use need not be discontinued prior to application for subdivision. If approval of a subdivision creates a non-conforming structure or use, including a structure spanning a parcel boundary, such structure or use may continue until recordation of the subdivision plat. Alternatively, the City may accept certain assurance that the non-conformities will be remedied after recordation of the subdivision plat. Such assurances shall be reflected in a development agreement or other legal mechanism acceptable to the City Attorney and may be time-bound or secured with a financial surety. 26.480.050 Administrative Subdivisions The following types of subdivision shall be approved, approved with conditions, or denied by the Community Development Director, pursuant to Section 26.480.030 — Procedures for Review, and the standards and limitations of each type of subdivision, described below: A. Condom iniumization. A subdivision to establish, amend, or vacate separate ownership interests of a single property in a Condominium or Common Ownership Interest Community form of ownership shall be approved, approved with conditions, or denied by the Community Development Director. Condominiumization shall be limited to allocating ownership interests of a single parcel and shall not effect a division of the parcel into multiple lots, an aggregation of the parcel with other lands, a change in use of the property, and shall not operate as an abatement of other applicable regulations affecting the property. The Director shall review the condominiumization plat pursuant to Section 26.480.030, Procedures for Review, and according to the following standards: 1. The Condominium Plat is in an acceptable style and format as prescribed in Title 29—Engineering Design Standards, Plats. 2. The Condominium Plat shall be reviewed and then recorded in the office of the Pitkin County Clerk and Recorder. No subdivision agreement need be prepared or entered into between the applicant and the City unless the Community Development Director determines such an agreement is necessary. B. Exempt Timesharing. A subdivision necessary to establish, amend, or vacate time- span estates that comply with the requirements of Section 26.590.030, Exempt Timesharing, shall be approved, approved with conditions, or denied by the Ordinance No. 37, Series 2013. Page 7 of 15 Community Development Director if the requirements of Section 26.590.030, Exempt Timesharing, are met. Any plat shall be in a style and format as prescribed in Title 29 — Engineering Design Standards, Plats. No subdivision agreement need be prepared or entered into between the applicant and the City unless the Community Development Director determines such an agreement is necessary. This form of subdivision shall not be used to create any additional lots or dwelling units. C. Boundary Adjustment. An adjustment of a lot line between contiguous lots shall be approved, approved with conditions, or denied by the Community Development Director, pursuant to Section 26.480.030, Procedures for Review, according to the following standards: 1. The request permits a boundary adjustment between contiguous parcels or corrects an error in a recorded plat. 2. The adjustment results in the same number of parcels. Changes in development rights for the individual lots may occur unless specifically prohibited by the original subdivision documents. 3. The request complies with the requirements of Section 26.480.040, General Subdivision Review Standards. 4. The adjustment does not result in a parcel lying in more than one zone district. For adjustments between parcels located in different zone districts, the adjustment shall be approved only upon an amendment to the Official Zone District Map. (Please see Section 26.304.060.B.2 and Chapter 26.310.) 5. For adjustments between parcels located in a Planned Development, the adjustment shall be approved conditioned upon an amendment to the Planned Development approvals or designated area, as applicable. (Please see Section 26.304.060.B.2 and Chapter 26.445.) 6. The Boundary Adjustment Plat shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 — Approval Documents. No subdivision agreement need be prepared or entered into between the applicant and the City unless the Community Development Director determines such an agreement is necessary. 26.480.060 Minor Subdivisions The following types of subdivision may be approved by the City Council, pursuant to the provisions of Section 26.480.030 — Procedures for Review, and the standards and limitations of each type of subdivision, described below: A. Lot Split. The subdivision of a lot for the purpose of creating one additional development parcel shall be approved, approved with conditions, or denied by the City Council, pursuant to Section 26.480.030 — Procedures for Review, according to the following standards: 1. The request complies with the requirements of Section 26.480.040, General Subdivision Review Standards. Ordinance No. 37, Series 2013. Page 8 of 15 2. No more than two lots are created by the lot split. No more than one lot split shall occur on any one fathering parcel. 3. The Lot Split Plat shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 — Approval Documents. No subdivision agreement need be prepared or entered into between the applicant and the City unless the Community Development Director determines such an agreement is necessary. B. Historic Landmark Lot Split. The split of a lot that is a designated Historic Landmark for the purpose of creating one additional development parcel shall be approved, approved with conditions, or denied by the City Council, pursuant to Section 26.480.030 — Procedures for Review, after a recommendation is provided by the Historic Preservation Commission pursuant to Section 26.415.110(A) Historic Landmark Lot Split, and according to the following standards: 1. The request complies with the requirements of Section 26.480.040, General Subdivision Review Standards. 2. The fathering parcel is listed in the Inventory of Historic Sites and Structures. 3. No more than two lots are created by the Historic Landmark Lot Split. No more than one historic landmark lot split shall occur on any one fathering parcel. 4. In residential zone districts, the allowable Floor Area for each new residential lot shall be established by allocating the total allowable Floor Area of the fathering parcel to each of the new lots such that no overall increase in Floor Area is achieved and no individual lot allows a Floor Area in excess of that allowed a similarly-sized lot in the same zone district. An equal distribution is not required. The allowable Floor Area for each new lot shall be noted on the Historic Lot Split Plat. Any Floor Area bonus already granted by the Historic Preservation Commission shall be allocated to each individual parcel and shall also be noted on the plat as a square footage bonus. If the properties remain eligible for a Floor Area bonus from the Historic Preservation Commission, the plat and subdivision agreement shall specify the manner in which this potential bonus shall be allocated to the two properties if received. In non-residential zones districts, the Floor Area shall be calculated according to the limitations of the zone district applied to each new lot as permitted for the use. The total Floor Area shall not be stated on the plat because the floor area will be determined by the use established on each parcel. 5. The Historic Lot Split Plat shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 — Approval Documents. No subdivision agreement need be prepared or entered into between the applicant and the City unless the Community Development Director determines such an agreement is necessary. *Note— Historic properties eligible for a standard lot split are not required to proceed through the historic lot split process. Ordinance No. 37, Series 2013. Page 9 of 15 26.480.070 Major Subdivisions The following subdivisions shall be approved, approved with conditions, or denied by the City Council, after receiving a recommendation from the Planning and Zoning Commission. Major subdivisions are subject to Section 26.480.030 — Procedures for Review, the standards and limitations of Section 26.480.040 — General Subdivision Review Standards, and the standards and limitations of each type of subdivision, described below. All subdivisions not defined as administrative or minor subdivisions shall be considered major subdivisions. A. Land Subdivision. The division or aggregation of land for the purpose of creating individual lots or parcels shall be approved, approved with conditions, or denied according to the following standards: 1. The proposed subdivision complies with the requirements of Section 26.480.040— General Subdivision Review Standards. 2. The proposed subdivision enables an efficient pattern of development that optimizes the use of the limited amount of land available for development. 3. The proposed subdivision preserves important geologic features, mature vegetation, and structures or features of the site that have historic, cultural, visual, or ecological importance or contribute to the identity of the town. 4. The proposed subdivision prohibits development on land unsuitable for development because of natural or man-made hazards affecting the property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock falls, rock slides, mining activity including mine waste deposit, avalanche or snowslide areas, slopes in excess of 30%, and any other natural or man-made hazard or condition that could harm the health, safety, or welfare of the community. Affected areas may be accepted as suitable for development if adequate mitigation techniques acceptable to the City Engineer are proposed in compliance with Title 29 —Engineering Design Standards. Conceptual plans for mitigation techniques may be accepted with specific design details and timing of implementation addressed through a Development Agreement pursuant to Chapter 26.490—Approval Documents. 5. There has been accurate identification of engineering design and mitigation techniques necessary for development of the proposed subdivision to comply with the applicable requirements of Municipal Code Title 29 — Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined and documented within a Development Agreement. 6. The proposed subdivision shall upgrade public infrastructure and facilities necessary to serve the subdivision. Improvements shall be at the sole cost of the developer. Ordinance No. 37, Series 2013. Page 10 of 15 7. The proposed subdivision is exempt from or has been granted all growth management approvals pursuant to Chapter 26.470 — Growth Management Quota System, including compliance with all affordable housing requirements for new and replacement development as applicable. 8. The proposed subdivision meets the School Land Dedication requirements of Chapter 26.620 and any land proposed for dedication meets the criteria for land acceptance pursuant to said Chapter. 9. A Subdivision Plat shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490—Approval Documents. 10. A Development Agreement shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 — Approval Documents. B. Vehicular Rights-of-Way. The dedication, boundary alteration, realignment, or any partial or whole vacation of a Street, Alley, or other vehicular right-of-way serving more than one parcel, shall be approved, approved with conditions, or denied according to the following standards: 1. The proposed change maintains or improves the public health, safety, and welfare of the community and is in the best interests of the City of Aspen. 2. The proposed change to the public rights-of-way maintains or improves safe physical and legal access from a public way to all adjacent properties and shall not restrict the ability for a property to develop by eliminating or hindering access. Redundant access, such as a primary street access plus alley access, is preferred. 3. The design of the proposed change complies with Municipal Code Title 29 — Engineering Design Standards and is consistent with applicable adopted policies, plans, and approved projects for the area (such as a highway access policy, an approved development project, an infrastructure plan, a trails plan, an improvement district plan, and the like). 4. The proposed change maintains or improves normal traffic circulation, traffic control capabilities, access by emergency and service vehicles, pedestrian and bike connections, drainage infrastructure, street and infrastructure maintenance needs, and normal operating needs of the City including snow removal. 5. For all new rights-of-way and physical changes to existing rights-of-way, the applicant shall design and construct the proposed right-of-way improvements according to the design and construction standards of the City Engineer. Upon completion, the right-of-way improvements shall be subject to inspection and acceptance by the City Engineer. The City may require a performance warranty. The requirements of this criterion shall be reflected in a Development Agreement. 6. For partial or full vacation of existing rights-of-way, the applicant shall demonstrate the right-of-way, or portion thereof, has no current or future use to the community as a vehicular way, pedestrian or bike way, utility corridor, Ordinance No. 37, Series 2013. Page 11 of 15 drainage corridor, or recreational connection due to dimensions, location, topography, existing or proposed development, or other similar circumstances. The City shall consider whether the interests of the applicant and the City can be achieved through a "closure" of the right-of-way. 7. A Right-of-Way Dedication/Vacation Plat shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 — Approval Documents. The plat shall demonstrate how the lands underlying vacated rights-of-way shall accrue to adjacent parcels in compliance with State Statute. 8. A Development Agreement shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 — Approval Documents. This requirement may be waived if no right-of-way construction is proposed. 26.480.080. Subdivision Application Contents. An application for a subdivision shall include the following: A. The general application information required in common development review procedures set forth at Section 26.304.030. B. Written responses to the review criteria applicable to the request. C. A Draft Plat meeting the plat requirements of Chapter 26.490—Approval Documents. D. For Major Subdivision applications involving the addition of 10 or more residential units, 20 or more lodging units, or 20,000 square feet or more of commercial space (or any equivalent combination thereof), "ability-to-serve" letters from public and private utility providers that will service the proposed subdivision with potable water, natural gas, electricity, sanitary sewer, storm sewer, and roads stating they can service the proposed subdivision. Ability-to-Serve letters shall be substantially in the following format: The [utility provider] has reviewed the proposed [subdivision name and date of application] subdivision and has adequate capacity to serve proposed development, subject to compliance with the following adopted design standards [reference] and subject to the following adopted tap fee or impact mitigation requirements [reference]. For Major Subdivision applications proposing the addition of 50 or more residences, or that proposes new water use in an amount equal to or exceeding that used by 50 residences, the application must demonstrate compliance with the State Adequate Water Supply Act. (Colo. Revised Statutes 29-20-301, et seq.) E. For Major Subdivision applications, a statement prepared by a Colorado registered Professional Engineer, and depiction or mapping as necessary, regarding the presence of natural or man-made hazards affecting the property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock falls, rock slides, mining activity including mine waste deposit, avalanche or snowslide areas, slopes in excess of 30%, and any other natural or man-made hazard or condition that could Ordinance No. 37, Series 2013. Page 12 of 15 harm the health, safety, or welfare of the community. Areas with slopes in excess of 30% shall require a slope stability study reviewed by the Colorado Geologic Survey. Also see Chapter 29 — Engineering Design Standards regarding identification and mitigation of natural hazards. F. For Major Subdivision applications, a narrative prepared by a Colorado registered Professional Engineer, and depiction or mapping as necessary, describing the potential infrastructure upgrades, alignment, design, and mitigation techniques that may be necessary for development of the site to be served by public infrastructure, achieve compliance with Municipal Code Title 29 — Engineering Design Standards, and achieve compliance with the City of Aspen Urban Runoff Management Plan (URMP). The information shall be of sufficient detail to determine the acceptable location(s) and extent of development and to understand the necessary upgrades and the possible alignments, designs, or mitigation techniques that may be required. Specific engineered solutions and design details do not need to be submitted for land use review. An applicant may be required to submit specific design solutions prior to or in conjunction with recordation of a subdivision plat and development agreement, pursuant to Chapter 26.490—Approval Documents. G. For Major Subdivision applications, a statement regarding School Land Dedication requirements of Section 26.620.060 and a description of any lands to be dedicated to meet the standard. H. For changes to vehicular rights-of-way, a draft right-of-way vacation/dedication plat meeting the requirements of Chapter 26.490 — Approval Documents, describing and depicting the boundary of the vacation/dedication including bearings and dimensions with adequate ties to existing monuments to permit accurate legal definition. I. For changes to vehicular rights-of-way, a statement and depiction on the draft vacation/dedication plat regarding compliance with State Statute showing which portions of vacation areas accrue to which properties. J. For changes to vehicular rights-of-way, a statement by the surveyor that all utility companies have been contacted and a depiction of all existing utility lines in the right(s)-of-way in which the vacation/dedication is requested. 26.480.090. Subdivision Amendments A. Release of minimum-term lease deed restrictions. Upon request by the property owner, deed restrictions prohibiting short-term rentals imposed by the City Council as a condition of condominiumization approval (which was common practice prior to July 1, 1992) shall be voided by the Community Development Director. The Director shall extinguish the City's interest in the restriction by issuance of a written decision notice in a recordable format acceptable to the property owner and the City Attorney. Ordinance No. 37, Series 2013. Page 13 of 15 B. Insubstantial amendment. An insubstantial amendment to an approved subdivision or between adjacent subdivisions may be authorized by the Community Development Director. An insubstantial amendment shall be limited to technical or engineering considerations which could not reasonably have been anticipated during the approval process or any other minor change to a subdivision which the Community Development Director finds has no substantial effect upon the subdivision or to the allowances and limitations of the subdivision. C. Minor amendment. An amendment to an approved subdivision found to be generally consistent with the original approval but which does not qualify for an insubstantial amendment may be approved, approved with conditions, or denied by the City Council. The amendment must either respond to issues raised during the original review or must address an issue that could not have been reasonably anticipated during the review. The City Council must find that the change is minor and that it is consistent with or an improvement to the approved subdivision. Notwithstanding the above, the City Council may find that an amendment request is substantial and should require review as a Major Amendment. D. Major Amendment. If the Community Development Director finds that the amendment request is inconsistent with the original approval or represents a substantive change to the allowances and limitations of a subdivision, the amendment shall be subject to review as a new subdivision pursuant to the procedures and requirements of this Chapter. E. Plat Vacation. Vacation of an approved plat or any other document recorded in conjunction with a plat shall be reviewed by the individual or review body established in this Chapter as having jurisdiction for approving the plat or document. The individual or review body shall apply the applicable standards of review established in this Chapter and shall also consider whether the applicant has demonstrated good cause. If no review body has established jurisdiction, the document may be vacated by the City Council if good cause is demonstrated. 26.480.100. Appeals. An applicant aggrieved by a decision made by the Community Development Director regarding this Chapter may appeal the decision to the City Council, pursuant to Chapter 26.316. Section 3: Effect Upon Existinlz Litigation. This ordinance shall not affect 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: 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 Ordinance No. 37, Series 2013. Page 14 of 15 shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter,this ordinance shall become effective thirty (30) days following final passage. Section 6• A public hearing on this ordinance was held on the 18'h day of November, 2013, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen 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 day of , 2013. Attest: y Y Kathryn S. I ch, City Clerk Steven Skadl o r Mayor FINALLY, adopted, passed and approved this day of f ? 2013. Attest: Kathryn S. och, City Clerk Steven Skadro ,Mayor Approved as to form: y /14,Attorney Ordinance No. 37, Series 2013. Page 15 of 15