HomeMy WebLinkAboutcoa.lu.ca.0005.2014.ASLU THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0005.2014.ASLU
PARCEL ID NUMBERS
PROJECTS ADDRESS 130 S. GALENA ST
PLANNER CHRIS BENDON
CASE DESCRIPTION CODE AMENDMENTS— SUBDIVISION
REPRESENTATIVE CITY OF ASPEN
DATE OF FINAL ACTION 1.8.14
CLOSED BY ANGELA SCOREY ON: 1.8.14
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MEMORANDUM
TO: Mayor Skadron and City Council
FROM: Chris Bendon, Community Development Director 64�
RE: Subdivision Code Amendments
Ordinance No. 37, Series of 2013, 2od Reading
DATE: November 18, 2013
SUMMARY:
The proposed ordinance updates the City's subdivision requirements. The amendment substantially
overhauls the subdivision regulations, implementing processes and requirements reflective of
today's development conditions. This ordinance is in response to City Council direction provided in
late June.
Staff reviewed final changes with the City Attorney and adjusted the proposed ordinance to
correlate with State Statute. Staff also conducted outreach to the development community. The
proposed ordinance was sent to approximately 500 individuals within the local development
community and staff sought specific input from roughly 30-40 individuals who regularly do
business with the City. Staff believes the ordinance is in its final form and is seeking City Council
approval.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed ordinance.
LAND USE REQUESTS AND REVIEW PROCEDURES:
This meeting is to review potential changes to the Subdivision regulations of the City. Pursuant
to Land Use Code Section 26.310, City Council is the final review authority for all code
amendments.
All code amendments are subject to a three-step process. This is the second step in the process:
1. Public Outreach
2. Policy Resolution by City Council indicating if an amendment should the pursued
3. Public Hearings on Ordinance outlining specific code amendments.
BACKGROUND& OVERVIEW:
The City's Subdivision regulations have not been overhauled since 1988. The character of
development requests and the needs of the City have changed significantly since then and staff is
proposing a substantial overhaul of the subdivision regulations to reflect modern expectations.
Many projects are currently subject to a full subdivision review, even if they are not physically
dividing property. For instance, downtown buildings that divide a building into individual
ownership interests are subject to a review with P&Z and City Council, in the same way that a
large subdivision where land is physically divided does. With the recent advent (past —5 years)
Subdivision Code Amendment, 2"d Reading
Page 1 of 3
of Commercial Design review and the Council call-up procedures, subdivision reviews for
downtown projects, where no lot lines are changing, are significantly redundant.
One of the common criticisms from members of the community and applicants is that all forms
of "subdivision" are reviewed by City Council, including actions that do not appear to be a
subdivision. There is a significant difference between an actual subdivision of land, such as
Burlingame Ranch, and the addition of a residence within a mixed-use building. Currently both
of these actions are treated equally, subject to the same process and criteria. Staff believes this is
due to the term "subdivision" being defined too broadly — essentially capturing everything.
Tailoring the City's process and requirements more closely to the character of the development
activity will simplify many reviews.
Staff believes a process and standards for vacating or amending public rights-of-way is needed.
The City does not have a codified process now and relies on a combination of State Statute and
administrative policy to consider these requests.
The City has multiple code sections defining requirements for plats, plans, and development
agreements — all with different requirements. Staff is proposing a new Chapter of the Land Use
Code — Approval Documents — defining all development documents associated with
development, including standardizing the City's bonding requirements for public improvements.
This will also be an opportunity to better define the level of detail needed for each type of
document to be recorded.
P&Z COMMENTS: The Commission had a number of comments related to subdivision, with a
particular focus on simplifying the process. The Commission supported the idea of creating
different tiers of subdivision reviews. For example, large subdivisions that actually divide land
into new lots, like Burlingame, would go through the current Subdivision process with reviews
by P&Z and Council, while a project that divides a single building into multiple ownership
interests, like a downtown mixed-use building, would through an administrative review such as
condominiumization.
The P&Z felt that downtown buildings are subject to an extensive design reviews and growth
management reviews, where the massing and use issues are addressed, and that the subdivision
review creates confusion for all involved because it re-addresses issues that have been previously
approved. The Commission expressed a desire that the City use the Commercial Design Review
process more effectively to address any issues or concerns related to massing, heights, building
placements, materials, landscaping, etc.
The Commission also expressed a desire to have clearer review criteria for all levels of
subdivision reviews. There were also some comments related to encouraging a landscape buffer
between the sidewalk and street, particularly for downtown projects. The Commission supported
creating clear standards for this throughout town.
PUBLIC OUTREACH / PRIVATE PLANNER COMMENTS: Staff met with a group of private
planners and architects prior to the meeting with P&Z. That group provided detailed comments
on potential code amendments to Subdivision. The group had similar comments regarding
Subdivision Code Amendment, 2nd Reading
Page 2 of 3
Subdivision as the P&Z did. In fact, changing the subdivision process was their top priority for
this round of code amendments. The group strongly supported the creation of different tiers of
subdivision review. In particular, projects where a single building is divided into different
ownership interested and actual land is not being divided should only be required to go through
an administrative condominiumization process.
They felt the Commercial Design review process addresses the issues raised at Subdivision
reviews, and that using the Commercial Design process to evaluate mass and scale of buildings is
more appropriate and predictable. Finally, the group stated that one of the tiers of review should
allow property boundary changes and exchanges between properties when property owners agree
to it. Today, the only property boundary changes allowed are those to correct surveying errors.
Staff has distributed the revised language in the proposed ordinance to the local development
community and has sought feedback from local planners, land-use attorneys, and developers who
work with the City on a regular basis. Staff has received positive response to the proposed
ordinance.
STAFF RECOMMENDATION:
Staff recommends adoption of the attached Ordinance.
CITY MANAGER COMMENTS:
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Ordinance No. 37, Series of 2013, amending the City's Subdivision
regulations."
Subdivision Code Amendment, 2nd Reading
Page 3 of 3
CITY COUNCIL AGENDA
December 02, 2013
5:00 PM
I. Call to Order
II. Roll Call
111. Scheduled Public Appearances
IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues
NOT on the agenda. Please limit your comments to 3 minutes)
V. Special Orders of the Day
a) Councilmembers' and Mayor's Comments
b) Agenda Deletions and Additions
c) City Manager's Comments
d) Board Reports
VI. Consent Calendar (These matters may be adopted together by a single motion)
a) Approving a Contract for Architect & Engineering Services for the Final Design of
the Rubey Park Transit Center
VII. First Reading of Ordinances
Vill. Public Hearings
IX. Action Items
X. Adjournment
Next Regular Meeting December 09, 2013
COUNCIL'S ADOPTED GUIDELINES
• Invite the Community to Participate with Us in Solution-Making
• Tone and Tenor Matter
Remember Where We're Living and Why We're Here
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
2ouncil Schedule as of 11/18/2013
All meetings will be held in the Council Chambers unless otherwise noted
11/19 4pm Interviews
4:30 Work Session: EOTC Prep; Renewable Energy Alternatives; Overview of
CarbonReduction Measures and Canary Initiative; Galena Plaza Design Review
11/25 5pm No Meeting
11/28 HOLIDAY—Thanksgiving
12/2 5 pm REGULAR MEETING
12/3 4 pm Work Session—Open Space and Trails Board; Housing Fee in Lieu Discussion;
Residential Mitigation; Sustainability Dashboard
12/9 5 pm REGULAR MEETING
12/10 4 pm Work Session-Lighting at 5"' and Hopkins; Main Street Crosswalk Lighting;
ROW Lighting Standards; Smuggler Drainage Master Plan
1/6 5 pm Work Session-Business Sustainability Goal Discussion
1/7 5 pm Work Session-
1/13 5 pm REGULAR MEETING
1/20 HOLIDAY—Martin Luther King
OTHER MEETINGS
11/21 4 pm EOTC
CITY COUNCIL AGENDA
November 18, 2013
5:00 PM
I. Call to Order
II. Roll Call
III. Scheduled Public Appearances
a) Abetone Exchange Participants
b) Proclamation - National Diabetes Month
IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues
NOT on the agenda. Please limit your comments to 3 minutes)
V. Special Orders of the Day
a) Councilmembers' and Mayor's Comments
b) Agenda Deletions and Additions
c) City Manager's Comments
d) .Board Reports
VI. Consent Calendar (These matters may be adopted together by a single motion)
a) Resolution #102, 2013 - Support Immigration Reform
b) Resolution #98, 2013 -Approval of Grant-funded Purchasing Web Based
Commuter Services
c) Resolution #105, 2013 - FASTER Transit Grant Agreement
' d) Resolution #103, 2013 - IT Backup & Recovery System Contract
VII. First Reading of Ordinances
VIII. Public Hearings
a) Ordinance #28, 2013 - 360 Lake Ave (Erdman Partnership Lot Split) - Subdivision
Amendment
b) Ordinance #47, 2013 - Supplemental Appropriation 2013 Budget
c) Ordinance #48, 2013 - Fees 2014
d) Ordinance #45, 2013 -Adding "Retiring in APCHA Rental and Ownership
Housing" into the Aspen/Pitkin-County Affordable Housing Guidelnes
e) Resolution #104, 2013, 201 E. Hyman - Height Variance
f) Ordinance #44, 2013 - St. Regis PUD Amendment
g) Ordinance #42, 2013 -- Code Amendment - Title 29 Engineering Design
Standards
h) Ordinance #43, 2013 — Code Amendments Title 21 and to the Construction and
Excavation Standards
i) Ordinance #36, 2013 - Code Amendment, Planned Development
j) Ordinance #37, 2013 - Code Amendment, Subdivision
k) Ordinance #41, 2013 - Code Amendment, Approval Documents
IX. Action Items
Council Schedule as of 11/18/2013
All meetings will be held in the Council Chambers unless otherwise noted
11/18 5pm REGULAR MEETING
11/19 4pm Interviews �`-
4:30 Work Session: EOTC Prep; Renewable Energy Alternatives; Overview of
CarbonReduction Measures and Canary Initiative; Galena Plaza Design Review
11/25 5pm No Meeting
11/28 HOLIDAY—Thanksgiving
12/2 5 pm REGULAR MEETING
12/3 4 pm Work Session—Open Space and Trails Board; Housing Fee in Lieu Discussion;
Residential Mitigation; Sustainability Dashboard
12/9 5 pm REGULAR MEETING
12/10 4 pm Work Session-Lighting at 5th and Hopkins; Main Street Crosswalk Lighting;
ROW Lighting Standards; Smuggler Drainage Master Plan
1/6 5 pm Work Session- Business Sustainability Goal Discussion
1/7 5 pm Work Session-
1/13 5 pm REGULAR MEETING
1/20 HOLIDAY—Martin Luther King
OTHER MEETINGS
11/21 4 pm EOTC
"For internal Staff use only. Not for publication. Dates subject to Change"
CITY AGENDAS
City Council-2nd and 4th Mon. @ 5:00 PM, (Work sessions for Council @ 5 on Mondays, 4 on
Tuesdays) P/Z-1St and 3rd Tues. @ 4:30 PM, HPC-2nd & 4th Wed. @ 5:00 PM. BOA Thurs. @ 4
Week of November 18, 2013
11/18 City Council (aD_ 5:00 — Special Meeting
Notice: 10/28
2nd Reading, St. Regis PUD amendment— SN
201 E. Hyman- Height Variance, AG
2nd Reading, S. Aspen Street PUD — JP (continued if necessary)
11/19 P&Z (aD-4:30
Notice:10/28
Hotel Aspen, Final PUD - SA
11/25 City Council (aD- 5:00 - CANCELLED
12/2 City Council (a_ 5:00, Special Meeting
Notice: 11/11
Extension of Vested Rights, 110 E. Bleeker
2nd Reading, 549 Race Alley, Establishment of 3 TDRs- to be rescheduled, notice incomplete
2nd Reading, Mocklin Subdivision — Other Amendment— JB
201 E. Hyman- Call-up, AG
12/3 P&Z 0-4:30 (possible cancel)
Notice-11/11
12/9 City Council 0- 5:00
Notice: 11/18
12/11 HPC (a)- 5:00-CLOSED (no Jay)
Notice: 11/18
233 W. Hallam- Final
201 E. Hyman- Final
549 Race Alley- Continued hearing
12/17 P&Z(ED-4:30
Notice:11/25
Affordable Housing Credits, AABC —JB (tentative)
1/8 HPC (& 5:00
Notice: 12/16
407 W. Hyman, SA
422 E. Cooper, SA
414 E. Hyman, AG (tentative)
1/13 City Council (a) 5:00
Notice: 12/23
2nd Reading, 549 Race Alley, Establishment of 3 TDRs-AG
1/22 HPC (aD_ 5:00
Notice: 12/30
947 E. Cooper- Minor
1/27 City Council (cil 5:00
Notice: 1/6
This Week's Deadlines:
Week of November 18, 2013
Legal Notices due on Monday @ 11a.m.
For Council-meeting on :
For HPC-meeting on 12/11:
233 W. Hallam- Final
201 E. Hyman- Final
For P&Z on 12/17 (dues Thursday due to holiday):
Affordable Housing Credits, AABC — JB (tentative)
BOA-meeting on :
Development Orders, Anyone?
Interpretation Notices, Anyone?
Staff Reports: This Week.
Council Memos Due (a_ 5.00 to Com Dev Dir. this Thursday for meeting on 12/2:
Extension of Vested Rights, 110 E. Bleeker
2nd Reading, 549 Race Alley, Establishment of 3 TDRs-to be rescheduled, notice incomplete
2nd Reading, Mocklin Subdivision — Other Amendment— JB
201 E. Hyman- Call-up, AG
Memos Due to Clerk on this Monday (a noon for Council meeting on
Memos Due to Deputy Director Monday for P/Z on :
Memos Due to Clerk this Thursday (a_ 2 p.m. for P/Z on
Memos Due to Clerk this Thursday (@_ 2 p.m. for BOA on
HPC Memos due to Clerk's Office on Thursday A 5 P.M. for HPC on
*P&Z Reminder, Memos due to deputy next week for meeting on
MEMORANDUM
TO: Mayor Skadron and City Council
FROM: Chris Bendon, Community Development 06�
RE: Subdivision Code Amendments
Ordinance No. 37, Series of 2013, 2od Reading
DATE: October 28, 2013
SUMMARY:
The proposed ordinance updates the City's subdivision requirements. The amendment substantially
overhauls the subdivision regulations, implementing processes and requirements reflective of
today's development conditions. This ordinance is in response to City Council direction provided in
late June.
Staff is reviewing final changes with the City Attorney. There are various requirements and
limitations that need to correlate with State Statute. Depending on the extent of changes that are
requested by the Attorney's office, staff may ask that this ordinance be modified during the meeting
or be continued.
Staff has conducted outreach to the development community. There is support for the proposed
ordinance.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed ordinance.
LAND USE REQUESTS AND REVIEW PROCEDURES:
This meeting is to review potential changes to the Subdivision regulations of the City. Pursuant
to Land Use Code Section 26.310, City Council is the final review authority for all code
amendments.
All code amendments are subject to a three-step process. This is the second step in the process:
1. Public Outreach
2. Policy Resolution by City Council indicating if an amendment should the pursued
3. Public Hearings on Ordinance outlining specific code amendments.
BACKGROUND& OVERVIEW:
The City's Subdivision regulations have not been overhauled since 1988. The character of
development requests and the needs of the City have changed significantly since then and staff is
proposing a substantial overhaul of the subdivision regulations to reflect modern expectations.
Many projects are currently subject to a full subdivision review, even if they are not physically
dividing property. For instance, downtown buildings that divide a building into individual
ownership interests are subject to a review with P&Z and City Council, in the same way that a
Subdivision Code Amendment, 2nd Reading
Page 1 of 3
large subdivision where land is physically divided does. With the recent advent (past —5 years)
of Commercial Design review and the Council call-up procedures, subdivision reviews for
downtown projects, where no lot lines are changing, are significantly redundant.
One of the common criticisms from members of the community and applicants is that all forms
of "subdivision" are reviewed by City Council, including actions that do not appear to be a
subdivision. There is a significant difference between an actual subdivision of land, such as
Burlingame Ranch, and the addition of a residence within a mixed-use building. Currently both
of these actions are treated equally, subject to the same process and criteria. Staff believes this is
due to the term "subdivision" being defined too broadly — essentially capturing everything.
Tailoring the City's process and requirements more closely to the character of the development
activity will simplify many reviews.
Staff believes a process and standards for vacating or amending public rights-of-way is needed.
The City does not have a codified process now and relies on a combination of State Statute and
administrative policy to consider these requests.
The City has multiple code sections defining requirements for plats, plans, and development
agreements — all with different requirements. Staff is proposing a new Chapter of the Land Use
Code defining all development documents associated with development, including standardizing
the City's bonding requirements for public improvements. This will also be an opportunity to
better define the level of detail needed for each type of document to be recorded.
P&Z COMMENTS: The Commission had a number of comments related to subdivision, with a
particular focus on simplifying the process. The Commission supported the idea of creating
different tiers of subdivision reviews. For example, large subdivisions that actually divide land
into new lots, like Burlingame, would go through the current Subdivision process with reviews
by P&Z and Council, while a project that divides a single building into multiple ownership
interests, like a downtown mixed-use building, would through an administrative review such as
condominiumization.
The P&Z felt that downtown buildings are subject to an extensive design reviews and growth
management reviews, where the massing and use issues are addressed, and that the subdivision
review creates confusion for all involved because it re-addresses issues that have been previously
approved. The Commission expressed a desire that the City use the Commercial Design Review
process more effectively to address any issues or concerns related to massing, heights, building
placements, materials, landscaping, etc.
The Commission also expressed a desire to have clearer review criteria for all levels of
subdivision reviews. There were also some comments related to encouraging a landscape buffer
between the sidewalk and street, particularly for downtown projects. The Commission supported
creating clear standards for this throughout town.
PUBLIC OUTREACH / PRIVATE PLANNER COMMENTS: Staff met with a group of private
planners and architects prior to the meeting with P&Z. That group provided detailed comments
on potential code amendments to Subdivision. The group had similar comments regarding
Subdivision Code Amendment, 2nd Reading
Page 2 of 3
Subdivision as the P&Z did. In fact, changing the subdivision process was their top priority for
this round of code amendments. The group strongly supported the creation of different tiers of
subdivision review. In particular, projects where a single building is divided into different
ownership interested and actual land is not being divided should only be required to go through
an administrative condominiumization process.
They felt the Commercial Design review process addresses the issues raised at Subdivision
reviews, and that using the Commercial Design process to evaluate mass and scale of buildings is
more appropriate and predictable. Finally, the group stated that one of the tiers of review should
allow property boundary changes and exchanges between properties when property owners agree
to it. Today, the only property boundary changes allowed are those to correct surveying errors.
Staff has distributed the language in the proposed ordinance. Staff has received positive
response to the proposed ordinance.
STAFF RECOMMENDATION:
Staff recommends adoption of the attached Ordinance. Staff may request a few amendments to
the ordinance based on review by the Attorney's office. If the amendments are extensive, staff
will ask for a continuation.
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Ordinance No. Series of 2013, amending the City's Subdivision
regulations."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A Staff Findings
Exhibit B— Current Subdivision code (prior to amendments)
Subdivision Code Amendment, 2nd Reading
Page 3 of 3
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 shall 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; 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 26.104.1 Oa,
shall be amended to read as follows:
Subdivision. The alteration of any physical or legal description or interest in real
estate. (See Chapter 26.480— Subdivision.)
Section 2: Chapter 26.480 — Subdivision, which Chapter describes the applicability,
prohibitions, review process, and requirements for subdivision approval, shall read as
Ordinance No. 37, Series 2013.
Page 1 of 15
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
26.48.0.070._ 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.
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.
Ordinance No. 37, Series 2013.
Page 2 of 15
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 twenty
(20) 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.
B. Prohibitions.
Ordinance No. 37, Series 2013.
Page 3 of 15
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.
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 20 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. Exempt shall be any lot within a subdivision
approved by the City of Aspen or Pitkin County.
The Aspen Townsite or addition thereto includes all lands depicted on the Aspen
incorporation plat of record, dated 1880, 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: 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, in addition to 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.
3. Standards of review: 26.480.070.
4. Form of decision: The Planning and Zoning recommendation shall be by
resolution.
Ordinance No. 37, Series 2013.
Page 5 of 15
5. Notice requirements: Posting, Mailing and Publication pursuant to
Subparagraph 26.304.060.E.3.
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: 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, in addition to 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 and physical vehicular access to a public way. A proposed
subdivision shall not eliminate physical or legal access from a public way to an
adjacent property and shall not restrict the ability for an adjacent property to develop.
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.
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.
Ordinance No. 37, Series 2013.
Page 6 of 15
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. Condominiumization. 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, pursuant to Section 26.480.030,
Procedures for Review and according to the following standards:
1. The act 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.
2. The approved Condominium 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. 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
Community Development Director if the requirements of Section 26.590.030, Exempt
Timesharing, are met. 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.
Ordinance No. 37, Series 2013.
Page 7 of 15
2. The adjustment results in the same number of parcels. Changes in development
rights for the individual lots may occur.
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. Please see Section 26.304.060.B.2 and Chapter 26.445.
6. The approved 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.
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 approved 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:
Ordinance No. 37, Series 2013.
Page 8 of 15
I. 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 approved 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.
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:
Ordinance No. 37, Series 2013.
Page 9 of 15
I. 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 40%, 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
mitigation techniques 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. The City may require certain public infrastructure or facilities be
oversized in anticipation of future needs or development of adjacent parcels and
shall reimburse the developer proportionately for the additional improvement or
establish a cost-recovery agreement.
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.
Ordinance No. 37, Series 2013.
Page 10 of 15
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,
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.
Ordinance No. 37, Series 2013.
Page 11 of 15
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, road, and transit services 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].
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 40%, and any other natural or man-made hazard or condition that could
harm the health, safety, or welfare of the community. Areas with topography in
excess of 40% shall require a slope stability study performed 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
Ordinance No. 37, Series 2013.
Page 12 of 15
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 lease deed restrictions. Upon request by the property owner,
minimum lease deed restrictions 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.
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, or that
the change is necessary to improve public documents and consumer protection.
Notwithstanding the above, the City Council may find that an amendment request is
substantial and should require review as a Major Amendment.
Ordinance No. 37, Series 2013.
Page 13 of 15
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 corresponding review body
established in this Chapter with jurisdiction for approving the plat or document. The
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 Existing 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
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 shall be held on the day of , 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 shall be 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.
Ordinance No. 37, Series 2013.
Page 14 of 15
Attest:
Kathryn S. Koch, City Clerk Steven Skadron, Mayor
FINALLY, adopted, passed and approved this_day of ,2013.
Attest:
Kathryn S. Koch, City Clerk Steven Skadron, Mayor
Approved as to form:
City Attorney
Ordinance No. 37, Series 2013.
Page 15 of 15
Alan Richman
Planning Services
Memo
To: Jessica Garrow and Chris Bendon
From:Alan Richman
Date: September 17, 2013
Re: Subdivision and PUD/SPA Ordinances
The purpose of this memo is to provide you with comments regarding
proposed Ordinances 36 and 37, Series of 2013. Overall, I find the
Ordinances to include many positive changes in terms of expediting the
process, clarifying language and simplifying terms. However, I have
several concerns that I would raise for your consideration, as follows:
PUD/SPA Ordinance
My primary concern with this Ordinance is the proposal to combine these
two review procedures. Combining the two procedures means that a
property designated PUD will have the flexibility not only to request
variations in dimensional and parking standards, which have traditionally
been available to such properties, but also to request variations in uses,
which historically have only been available to properties designated SPA.
I think giving all properties designated PUD the opportunity to vary uses
is a mistake, particularly when combined with the proposal to eliminate
the minimum size requirement for eligibility for a PUD.
If you look at the zoning map, you will see that while many properties
throughout the City have a PUD designation, only a handful of properties
have an SPA designation. The SPA designation was meant for a very
limited sub-set of properties which had great public importance and for
which the City could not predict the types of uses which would be
necessary to achieve that public purpose. The best known examples of
these properties are the Aspen Meadows, the Rio Grande and the Little
Nell base area. PUD's, on the other hand, can be found throughout Aspen
and are applied to residential, commercial and lodging properties. PUD's
• Page 1
typically apply to private properties for which some flexibility is desirable
to achieve a better development outcome for the applicant and the public.
If the -proposed Ordinance is adopted, it will open up the opportunity for
PUD applicants to propose uses that would not otherwise be allowed in
the zone district. The most obvious concern would be commercial uses
(restaurants, retail or offices) or lodge uses, being proposed in residential
neighborhoods. When you combine this with the elimination of the
minimum lot size for a PUD, this means that residents of Aspen's
neighborhoods could face an array of new uses being proposed anywhere
in their neighborhoods via the PUD process. I'm well aware of the move
in the planning profession towards mixed use development but I think
this is pushing Aspen too far in this direction, particularly in light of the
kinds of conflicts we've recently been seeing between residential and
commercial uses in the downtown area.
I understand staff's concern that the current SPA regulation does not
contain the thorough standards that the PUD section contains. That
problem could easily be fixed by drafting this Ordinance so that both PUD
and SPA are subject to the same set of review standards (26.445.040),
but the ability to obtain use variations remains limited solely to properties
designated SPA on the official zone district map.
Subdivision Ordinance
1. Section 26.480.050 C. addresses the standards for boundary line
adjustments, which are an administrative subdivision. Standard #2
makes a major change in policy from prior versions of the Land Use Code
by stating that "Changes in development rights for the individual lots may
occur". Current Code does not permit any increase in density or floor
area via a boundary line adjustment. I can think of several reasons why
this policy should not be changed.
First, while I was a member of the staff the City was involved in a lawsuit
because of a boundary line adjustment. As I recall the case, it involved 2
lots in a subdivision along Cemetery Lane, each of which was about
45,000 sq. ft. in size. The applicant received approval to adjust the
boundaries so one lot was about 60,000 sq. ft. in size and the other was
30,000 sq. ft. This allowed the applicant to then split the resulting
60,000 sq. ft. lot into two 30,000 sq. ft. lots, increasing the density in the
subdivision. At that time (1980's) the boundary line adjustment language
contained no prohibition on changes in resulting density. The neighbors
sued and if my recollection is correct were successful in over-turning the
• Page 2
decision. The language prohibiting changes in density was adopted
shortly thereafter.
It seems to me that allowing a change in density is a rather significant
outcome to allow administratively, without a public hearing and without
consideration by the body that approved the original plat. In fact,
-wouldn't a change to density be inconsistent with- the original -plat and
therefore be considered a major amendment under Section 26.480.09.D?
I think density changes should be considered to be a new or amended
subdivision plat and not be permitted via an administrative approval.
This will ensure neighbor input when a density change could result.
The policy would also allow a boundary line adjustment to increase the
allowable floor area between two lots. I don't see how this is of public
benefit. I think its primary benefit is for private speculation. Here's one
way this would be contrary to public purpose. Under today's Code, land
with a slope of 20-30% counts towards floor area at only 50% of the
normal ratio and land with a slope of 30%+ does not count towards floor
area ratio at all. However, the Code says that the maximum reduction of
floor area for any property is 25%. So if a particular property contains
enough land with slopes that it exceeds the 25% penalty, then some of
its land is not contributing towards its floor area at all. If it sits next to
another property that does not face this limitation, it could sell its steep
land to that property via a boundary line adjustment, creating a windfall.
I don't see why the City would want to promote this type of speculation.
2. Section 26.480.070 establishes the standards for review of major
subdivisions. Standard #4 prohibits development on land unsuitable for
development due to the -presence of natural hazards.- Whtle this concept
is clearly quite reasonable, I find the terms used in this section to be
vague and un-defined. For example, this section does not define what
constitutes "flooding" (do you mean the 100 year floodplain?) "avalanche
hazard" (typically broken into red zones which are high hazard areas that
are unsuitable and blue zones which are moderate hazard areas and are
buildable with mitigation), "steep topography" (slopes greater than 30%
or 45%?) or any of the other hazard terms used. I think all of these
terms need precision if they are to be the basis to prohibit development.
The above represent my comments on these Ordinances. I hope these
are helpful to you as you move through the Ordinance adoption process.
Please call me if you would like to discuss any of these points and please
share these thoughts with City Council where appropriate.
•Page 3
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
A.DRESS OF PROPERTY:
Coms ( �f�r#-G-1inc, SLAgAivkspen, CO
SCHEDULED PUBLIC HEARING DATE: ,
0 10,A OU A e p 2 3 20j�>
STATE OF COLORADO )
ss.
County of Pitkin )
Z7—VI Crn ; kin M (name, please prinf)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certufy that 1 have complied,,Nriththe pubic notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general-circulation in the City of Aspen at least fifteen(15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
and was continuously visible from the_day of , 20 , to
and including the date and time of the public hearing. A photograph of the posted
notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26,304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing,notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (3 DO) feet of the
.property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of.the public heating. 4
copy of the o-o,ners and governmental agencies so noticed is attached hereto.
(Continued on next page) .
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real.property in the area of the proposed change shall be
waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen(15) days
prior to the public hearing on such amendments.
The fo egoiag "Affidavit of Notice"was acknowledged before me this day
Of 201aby
WITNESS MY HAND AND OFFICIAL SEAL
PUBLIC NOTICE
RE: AMENDMENTS TO THE CITY) I�f'L//OF ASPEN LAND USE CODE My commission expires:
NOTICE IS HEREBY GIVEN that a public hearing
will be held on Monday,September 23,2013,at a
meeting to begin at 5:00 p.m.before the Aspen
City Council,Council Chambers,City Hall,130 S.
Galena St.,Aspen,to consider amendments to the
text of the Land Use Code related to combining the
Planned Unit Development(PUD)and Specially Notary Public
ubhC '
Planned Area(SPA)chapters,establishing a new
chapter related to development documents,updat-
ing the Subdivision Chapter,and associated -
amendments. For further information,contact Amy
Guthrie at the City of Aspen Community Develop-
- ment Department,130 S.Galena SL,Aspen,CO, -
(970)429-2758,amy.guthdeQcityofaspen.com.
s!Steven Skadron.Mayor
Aspen City Council77�� - -
Published in the Aspen Times on September 5, ,CE Y1L'NTS AS APPLICABLE:
2013. [9511873]
* LTION
* rr�v i vlr��•r u <.� �.POSTED NOTICE (SIGN)
* LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED
BY MAIL
* APPLICANT CERTICICATION OF NUNERAL ESTATE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
I
MEMORANDUM
TO: Mayor Skadron and City Council
FROM: Chris Bendon, Community Development Director
RE: Subdivision Code Amendments
Ordinance No. _, Series of 2013, 1s` Reading
DATE: September 9, 2013
SUMMARY:
The proposed ordinance updates the City's subdivision requirements. The amendment substantially
overhauls the subdivision regulations, implementing processes and requirements reflective of
today's development conditions. This ordinance is in response to City Council direction provided in
late June.
Staff is proposing amendments to the Subdivision, Specially Planned Area, and Planned Unit
Development Chapters be accomplished together. A new Chapter, specifying requirements for
recordation documents, is still under review and will be presented for first reading later in
September. Staff will organize second readings of all these amendments to occur simultaneously.
Staff has conducted outreach to the development community. There is support for the proposed
ordinance.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed ordinance.
LAND USE REQUESTS AND REVIEW PROCEDURES:
This meeting is to review potential changes to the Subdivision regulations of the City. Pursuant
to Land Use Code Section 26.310, City Council is the final review authority for all code
amendments.
All code amendments are subject to a three-step process. This is the second step in the process:
1. Public Outreach
2. Policy Resolution by City Council indicating if an amendment should the pursued
3. Public Hearings on Ordinance outlining specific code amendments.
BACKGROUND& OVERVIEW:
The City's Subdivision regulations have not been overhauled since 1988. The character of
development requests and the needs of the City have changed significantly since then and staff is
proposing a substantial overhaul of the subdivision regulations to reflect modern expectations.
Many projects are currently subject to a full subdivision review, even if they are not physically
dividing property. For instance, downtown buildings that divide a building into individual
ownership interests are subject to a review with P&Z and City Council, in the same way that a
Subdivision Code Amendment, 1s`Reading
Page 1 of 3
large subdivision where land is physically divided does. With the recent advent (past —5 years)
of Commercial Design review and the Council call-up procedures, subdivision reviews for
downtown projects, where no lot lines are changing, are significantly redundant.
One of the common criticisms from members of the community and applicants is that all forms
of "subdivision" are reviewed by City Council, including actions that do not appear to be a
subdivision. There is a significant difference between an actual subdivision of land, such as
Burlingame Ranch, and the addition of a residence within a mixed-use building. Currently both
of these actions are treated equally, subject to the same process and criteria. Staff believes this is
due to the term "subdivision" being defined too broadly — essentially capturing everything.
Tailoring the City's process and requirements more closely to the character of the development
activity will simplify many reviews.
Staff believes a process and standards for vacating or amending public rights-of-way is needed.
The City does not have a codified process now and relies on a combination of State Statute and
administrative policy to consider these requests.
The City has multiple code sections defining requirements for plats, plans, and development
agreements — all with different requirements. Staff is proposing a new Chapter of the Land Use
Code defining all development documents associated with development, including standardizing
the City's bonding requirements for public improvements. This will also be an opportunity to
better define the level of detail needed for each type of document to be recorded.
P&Z COMMENTS: The Commission had a number of comments related to subdivision, with a
particular focus on simplifying the process. The Commission supported the idea of creating
different tiers of subdivision reviews. For example, large subdivisions that actually divide land
into new lots, like Burlingame,, would go through the current Subdivision process with reviews
by P&Z and Council, while a project that divides a single building into multiple ownership
interests, like a downtown mixed-use building, would through an administrative review such as
condominiumization.
The P&Z felt that downtown buildings are subject to an extensive design reviews and growth
management reviews, where the massing and use issues are addressed, and that the subdivision
review creates confusion for all involved because it re-addresses issues that have been previously
approved. The Commission expressed a desire that the City use the Commercial Design Review
process more effectively to address any issues or concerns related to massing, heights, building
placements, materials, landscaping, etc.
The Commission also expressed a desire to have clearer review criteria for all levels of
subdivision reviews. There were also some comments related to encouraging a landscape buffer
between the sidewalk and street, particularly for downtown projects. The Commission supported
creating clear standards for this throughout town.
PUBLIC OUTREACH / PRIVATE PLANNER COMMENTS: Staff met with a group of private
planners and architects prior to the meeting with P&Z. That group provided detailed comments
on potential code amendments to Subdivision. The group had similar comments regarding
Subdivision Code Amendment, 1s`Reading
Page 2 of 3
Subdivision as the P&Z did. In fact, changing the subdivision process was their top priority for
this round of code amendments. The group strongly supported the creation of different tiers of
subdivision review. In particular, projects where a single building is divided into different
ownership interested and actual land is not being divided should only be required to go through
an administrative condominiumization process.
They felt the Commercial Design review process addresses the issues raised at Subdivision
reviews, and that using the Commercial Design process to evaluate mass and scale of buildings is
more appropriate and predictable. Finally, the group stated that one of the tiers of review should
allow property boundary changes and exchanges between properties when property owners agree
to it. Today, the only property boundary changes allowed are those to correct surveying errors.
Staff has distributed the language in the proposed ordinance. Staff has received positive
response to the proposed ordinance.
STAFF RECOMMENDATION:
Staff recommends adoption of the attached Ordinance.
RECOMMENDED MOTION ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Ordinance No. Series of 2013, amending the City's Subdivision
regulations, on first reading."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A— Staff Findings
Exhibit B— Current Subdivision code (prior to amendments)
Exhibit C — Reso 67, City Council policy resolution
Subdivision Code Amendment, 15`Reading
Page 3 of 3
ORDINANCE No._
(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 shall 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; 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. The alteration of any physical or legal description or interest in real
estate. (See Chapter 26.480— Subdivision.)
Section 2: Chapter 26.480 — Subdivision, which Chapter describes the applicability,
prohibitions, review process, and requirements for subdivision approval, shall read as
Ordinance No._, Series 2013.
Page 1 of 14
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.
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.
Ordinance No. , Series 2013.
Page 2 of 14
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 twenty
(20) 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.
B. Prohibitions.
Ordinance No._, Series 2013.
Page 3 of 14
I. 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.
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 20 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. Exempt shall be any lot within a subdivision
approved by the City of Aspen or Pitkin County.
The Aspen Townsite or addition thereto includes all lands depicted on the Aspen
incorporation plat of record, dated 1880, 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._, Series 2013.
Page 4 of 14
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: 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, in addition to 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.
3. Standards of review: 26.480.070.
4. Form of decision: The Planning and Zoning recommendation shall be by
resolution.
Ordinance No._, Series 2013.
Page 5 of 14
5. Notice requirements: Posting, Mailing and Publication pursuant to
Subparagraph 26.304.060.E.3.
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: 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, in addition to 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. Growth Management Approval. Subdivision approval shall only be granted to
applications for which all growth management approvals have been granted pursuant
to, or are exempt from the provisions of, Chapter 26.470 — Growth Management
Quota System, including compliance with all affordable housing requirements for
new and replacement development as applicable.
B. Improvements. The improvements set forth in the adopted Engineering Design
Standards, shall be provided for the proposed subdivision.
C. Public Infrastructure and Facilities. At the sole costs of the developer, the
proposed subdivision shall upgrade public infrastructure and facilities necessary to
serve the subdivision. The City may require certain public infrastructure or facilities
to be oversized in anticipation of future needs or the development of adjacent parcels
and shall reimburse the developer proportionately for the additional improvement or
establish a cost-recovery agreement.
D. Guaranteed Access to a Public Way. All subdivided lots must have perpetual
unobstructed legal and physical vehicular access to a public way. A proposed
Ordinance No. , Series 2013.
Page 6 of 14
subdivision shall not eliminate physical or legal access from a public way to an
adjacent property and shall not restrict the ability for an adjacent property to develop.
E. 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.
F. 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.
G. 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. Condominiumization. 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, pursuant to Section 26.480.030,
Procedures for Review and according to the following standards:
1. The act 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.
2. The approved Condominium Plat shall be recorded in the office of the Pitkin
County Clerk and Recorder, pursuant to Chapter 26.490 — Development
Ordinance No._, Series 2013.
Page 7 of 14
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. 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
Community Development Director if the requirements of Section 26.590.030, Exempt
Timesharing, are met. 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.
3. The request complies with the standards D-H 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 Unit Development, the
adjustment shall be approved only upon an amendment to the PUD. Please see
Section 26.304.060.B.2 and Chapter 26.445.
6. The approved Boundary Adjustment Plat shall be recorded in the office of the
Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 — Development
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
Ordinance No._, Series 2013.
Page 8 of 14
Council, pursuant to Section 26.480.030 — Procedures for Review, according to the
following standards:
1. The request complies with the standards D-H of Section 26.480.040, General
Subdivision Review Standards.
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 approved Lot Split Plat shall be recorded in the office of the Pitkin County
Clerk and Recorder, pursuant to Chapter 26.490 — Development 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 standards D-H 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.
4. The approved Historic Lot Split Plat shall be recorded in the office of the Pitkin
County Clerk and Recorder, pursuant to Chapter 26.490 — Development
Ordinance No._, Series 2013.
Page 9 of 14
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.
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 subdivision complies with the standards and limitations 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 relevance.
4. The proposed subdivision prohibits development 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 could harm the health, safety, or welfare of the community.
5. 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.
6. A Subdivision Plat shall be recorded in the office of the Pitkin County Clerk and
Recorder, pursuant to Chapter 26.490—Development Documents.
7. A Subdivision Agreement shall be recorded in the office of the Pitkin County
Clerk and Recorder, pursuant to Chapter 26.490—Development 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:
Ordinance No. . Series 2013.
Page 10 of 14
I. 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 proposed change 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 circulation, traffic control
capabilities, access by emergency and service vehicles, and street maintenance
needs 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, utility corridor, pedestrian way, 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 recorded in the office of the
Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 — Development
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 recorded in the office of the Pitkin County
Clerk and Recorder, pursuant to Chapter 26.490—Development 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.
Ordinance No. , Series 2013.
Page 11 of 14
C. A Draft Plat meeting the plat requirements of Chapter 26.490. The contents of the plat
and supplemental information shall be of sufficient detail to determine whether the
proposed subdivision meets the standards of this Chapter.
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, road, and transit services 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].
E. For Major Subdivision applications, a statement and applicable plans and
specifications regarding the adequacy of public infrastructure and proposed upgrades
to serve the subdivision.
F. For Major Subdivision applications, a statement and applicable plans and
specifications regarding compliance with applicable requirements of the City's
adopted Engineering Design Standards.
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 statement and depiction on the draft plat
regarding compliance with State Statute.
26.480.090. Subdivision Amendments
A. Release of minimum lease deed restrictions. Upon request by the property owner,
minimum lease deed restrictions 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.
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.
Ordinance No._, Series 2013.
Page 12 of 14
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, 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 corresponding review body
established in this Chapter with jurisdiction for approving the plat or document. The
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 Existing 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
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:
Ordinance No. , Series 2013.
Page 13 of 14
A public hearing on this ordinance shall be held on the day of , 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 shall be 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:
Kathryn S. Koch, City Clerk Steven Skadron, Mayor
FINALLY, adopted, passed and approved this_day of ,2013.
Attest:
Kathryn S. Koch, City Clerk Steven Skadron,Mayor
Approved as to form:
City Attorney
Ordinance No. , Series 2013.
Page 14 of 14
Exhibit A: Staff Findings
26.310.050 Amendments to the Land Use Code Standards of review -Adoption.
In reviewing an application to amend the text of this Title, per Section 26.310.020(B)(3), Step
Three—Public Hearing before City Council, the City Council shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this
Title.
Staff Findings:
The proposed code amendment is consistent with the Land Use Code. It updates the City's
subdivision requirements and processes to reflect current development conditions and responds
to input from the local development community.
B. Whether the proposed amendment achieves the policy, community goal, or objective
cited as reasons for the code amendment or achieves other public policy objectives.
Staff Findings:
Earlier this year, City Council identified a number of work program priorities for Community
Development. Updating the Subdivision Chapter to the Land Use Code was one of those.
Council expressed interest in creating a more predictable process for these reviews, as is called
for in the 2012 AACP. Staff.finds this criterion to be met.
C. Whether the objectives of the proposed amendment are compatible with the
community character of the City and in harmony with the public interest and the
purpose and intent of this Title.
Staff Findings:
The intent of the proposed amendment is to ensure a predictable and fair review of land use
applications. Staff finds this criterion to be met.
Subdivision Code Amendment; Exhibit A
Page 1 of 1
Definition:
Subdivision. The process, act or result of dividing land into two (2) or more lots,
parcels or other units of land or separate legal interests, for the purpose of transfer of
ownership, leasehold interest, building or development or for the creation or alteration of
streets or right-of-ways. Subdivision shall also include the realignment, alteration or
elimination of any lot line or property boundary established by and/or reflected on a plat
or deed recorded in the office of the Clerk and County Recorder for Pitkin County and
land to be used for condominiums, apartments or any other multiple dwelling units or for
time-sharing dwelling units. Unless the division of land as specified below is undertaken
for the purpose of evading this Title,subdivision does not apply to any division of land:
(a) Which is 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;
(b) Which is reflected or created by a lien, mortgage, deed of trust or any other
security instrument;
(c) Which is 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;
(d) Which creates cemetery lots;
(e) Which creates an interest in oil, gas, minerals or water which is severed from the
surface ownership or real property; or
(f) Which is 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.
Chapter 26.480
SUBDIVISION
Sec. 26.480.010. Purpose.
Sec. 26.480.020. Applicability and prohibitions.
Sec. 26.480.030. Exemptions.
Sec. 26.480.040. Procedures for review.
Sec. 26.480.050. Review standards.
Sec. 26.480.060. Application.
Sec. 26.480.070. Subdivision agreement.
Exhibit B
Existing Subdivision Code, Page 1
Sec. 26.480.080. Amendment to subdivision development order.
Sec. 26.480.090. Condominiumization.
Sec. 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)
improve land records and survey monuments by establishing standards for surveys and
plats; (e) coordinate the construction of public facilities with the need for public facilities;
(f) safeguard the interests of the public and the subdivider and provide consumer
protection for the purchaser; (g) acquire and ensure the maintenance of public open
spaces and parks; (h) 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 (i) promote the health, safety and general
welfare of the residents of the City.
Sec. 26.480.020. Applicability and prohibitions.
This Chapter shall apply to the subdivision of all land in the City, 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 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.
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.
Exhibit B
Existing Subdivision Code, Page 2
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 all 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 by the City or County, but
excludes any subdivided lot in the City which conforms to the requirements of this
Title. (Ord. No. 44-2001, §1)
See. 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. 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. 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.
Exhibit B
Existing Subdivision Code, Page 3
2. Lot split. The split of a lot for the purpose of 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 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.
Exhibit B
Existing Subdivision Code, Page 4
4. Historic Landmark lot split. The split of a lot that is listed on the Aspen Inventory
of Historic Landmark Sites and Structures for the purpose of creating one (1)
additional development parcel. The Historic Landmark lot split shall meet the
requirements of Subsections 26.480.030.A.2 and 4, Chapter 26.470, 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 MU Zone District.
b. The total FAR for each lot shall be established by dividing the allowable floor
area for a duplex or two detached residences on the fathering parcel according
to the Zone District where the property is located. The total FAR for each lot
shall be noted on the subdivision exemption plat. When the property is
redeveloped with any allowed uses other than single family or duplex
residential, refer to the Zone District for allowable FAR on each lot.
c. The proposed development meets all dimensional requirements of the
underlying Zone District. The variances provided in Chapter 26.415 as
benefits for historic preservation are only permitted on the parcels that contain
a historic structure. Only one (1) FAR bonus of up to 500 square feet may be
granted 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. 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; Ord. No.7 -2011, §1)
See. 26.480.040.Procedures for review.
A development application for a subdivision approval or exemption shall be reviewed
pursuant to the procedures and standards in this Chapter and the common development
review procedures set forth at Chapter 26.304.
A. Lot line adjustment and exempt timesharing. After an application for a lot line
adjustment or exempt timesharing has been determined complete by the Community
Development Director, the Director shall approve, approve with conditions or deny the
application.
B. Exempt subdivisions.
1. Steps required: One—a public hearing before City Council.
2. Notice requirements: None except for an application for a lot split which shall
require publication, mailing and posting (See Section 26.304.060[E][3]
Paragraphs [a],[b] and [c].)
Exhibit B
Existing Subdivision Code, Page 5
3. Standards of review: Section 26.480.050.
4. City Council action: Ordinance approving, approving with conditions or
disapproving application for subdivision exemption.
C. Subdivisions. Approval of a development order for a subdivision shall require
review and recommendation for approval, approval with conditions or disapproval by the
Planning and Zoning Commission followed by a review and approval or approval with
conditions by the City Council. This application may be consolidated with a
development application for conditional use, special review, ESA review, GMQS
allotment, code amendment and/or rezoning.
1. Step One Public hearing before Planning and Zoning Commission.
a. Purpose: To determine if application meets standards for subdivision.
b. Notice requirements: Publication, posting and mailing. (See Section
26.52.060 [E][3] Paragraphs [a],[b] and [c]).
c. Standards of review: Section 26.480.050.
d. P & Z action: Resolution recommending approval, approval with conditions
or disapproval of subdivision.
2. Step Two—Public hearing before City Council.
a. Purpose: To determine if application meets standards for subdivision.
b. Notice requirements: Publication, mailing and posting in addition to the
requisite notice requirements for adoption of an ordinance by City Council.
c. Standards of review: Section 26.480.050.
d. City Council action: Ordinance approving, approving with conditions or
disapproving subdivision.
(Ord. No. 21-2002, §8; Ord. No. 27-2002, §§18, 19)
Sec. 26.480.050.Review standards.
A development application for subdivision review shall comply with the following
standards and requirements:
A. General requirements.
1. The proposed subdivision shall be consistent with the Aspen Area Comprehensive
Plan.
Exhibit B
Existing Subdivision Code, Page 6
2. The proposed subdivision shall be consistent with the character of existing land
uses in the area.
3. The proposed subdivision shall not adversely affect the future development of
surrounding areas.
4. The proposed subdivision shall be in compliance with all applicable requirements
of this Title.
B. Suitability of land for subdivision.
1. 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.
2. Spatial pattern 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 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 26.620.
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 Chapter 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
Exhibit B
Existing Subdivision Code, Page 7
approvals if the newly created parcel(s) is required to obtain such growth management
approvals prior to development through a legal instrument acceptable to the City
Attorney. (Ord. No. 44-2001, §2; Ord. No. 12, 2007, §§29, 30)
Sec. 26.480.060.Application.
A. Review by the Planning and Zoning Commission. The contents of a development
application for a subdivision approval for review by the Planning and Zoning
Commission shall include the following:
1. The general application information required in common
development review procedures set forth at Section 26.304.030.
2. One (1) inch equals four hundred (400) feet scale City map showing the location
of the proposed subdivision, all adjacent lands owned by or under option to the
applicant, commonly known landmarks and the zone district in which the
proposed subdivision and adjacent properties are located.
3. A plat which reflects the layout of the lots, blocks and structures in the proposed
subdivision. The plat shall be drawn at a scale of one (1) equals one hundred
(100) feet or larger. Architectural scales are not acceptable. Sheet size shall be
twenty-four (24) inches by thirty-six (36) inches. If it is necessary to place the
plat on more than a one (1) sheet, an index shall be included on the first sheet. A
vicinity map shall also appear on the first sheet showing the subdivision as it
relates to the rest of the City and the street system in the area of the proposed
subdivision. The contents of the plat shall be of sufficient detail to determine
whether the proposed subdivision will meet the design standards of this Chapter
and this Title and shall contain the following itemized information:
a. The name of the proposed subdivision, which shall not be the same or similar
to any name used on a recorded plat in this County.
b. The name, address and telephone number of the owner/applicant, designer of
the proposed subdivision and the licensed surveyor.
c. The location and boundaries of the proposed subdivision.
d. A map showing the existing and proposed contours of the land in the proposed
subdivision at two-foot intervals, where the slope is less than ten percent
(10%) and five-foot intervals where the slope is ten percent (10%) or greater
and the designation of all areas with slope greater than thirty percent (30%).
e. The location and dimensions of all existing streets, alleys, easements, drainage
areas, irrigation ditches, public and private utilities and other significant
manmade or natural features within or adjacent to the proposed subdivision.
Exhibit B
Existing Subdivision Code, Page 8
f. The location and dimensions of all proposed streets, alleys, easements,
drainage improvements, utilities, lot lines and areas or structures reserved or
dedicated for public or common use in the proposed subdivision.
g. The location, size and type of existing vegetation and other natural landscape
features and the proposed limits of any excavation or regrading in the
proposed subdivision, including the location of trees with a trunk diameter of
six (6) inches or more measured four and one-half(4'/z) feet above the ground
and an indication of which trees are proposed to be removed. Where large
groves are to remain undisturbed, single trees need not be located.
h. The designation of all areas that constitute natural hazard areas including but
not limited to snowslides, avalanche, mudslide, rockslide and the one-
hundred-year floodplain.
i. Such additional information on geological or soil stability, avalanche
potential, projected traffic generation, air pollution and similar matters as may
be required by the planning agency or other reviewing agency.
j. Such other information as may be required by the planning agency or other
reviewing agency in order to adequately describe proposed utility systems,
drainage plans, surface improvements or other construction projects
contemplated within the proposed subdivision in order to assure that the
proposed subdivision is capable of being constructed without an adverse effect
upon the surrounding area.
k. Site data tabulation listing acreage of land in the proposed subdivision,
number, type and typical size of lots, structures and/or dwelling units; number
of bedrooms per dwelling unit; ground coverage of proposed structures and
improvements including parking areas, streets, sidewalks and open space and
the amount of open space that is being provided pursuant to Paragraph
26.480.040.C.5.a.
1. In the case of a division of land into condominium interests, apartments or
other multi-family or time-share dwelling units, the location of all proposed
structures, parking areas, structures and/or areas for common use.
m. Where the proposed subdivision covers only a part of the applicant's adjacent
holdings, a sketch plan for such other lands shall be submitted and the
proposed streets, utilities, easements and other improvements of the tract
under review shall be considered with reference to the proposed development
of the adjacent holdings.
n. Letters from the public or private utility companies that will service the
proposed subdivision with gas, electricity, telephones, sanitary sewer, water
and fire protection facilities stating they can service the proposed subdivision.
Exhibit B
Existing Subdivision Code, Page 9
4. GIS data. All subdivision applications shall submit the requirements specified in
Subsection 26.480.040.C. and Subsection 26.480.040.D in a digital format
acceptable to the Community Development Department. Base information shall
be obtained from the Community Development Department.
B. Review by City Council. Subsequent to review by the Planning and Zoning
Commission and prior to review of the development application for plat by the City
Council, the applicant shall submit the following additional application contents:
1. A final plat drawn with permanent ink on reproducible linen or Mylar. Sheet size
shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered
margin of one and one-half(1'/z) inches on the left hand side of the sheet and a
one-half ('/z) inch margin around the other three (3) sides of the sheet. It shall
include:
a. Accurate dimensions for all lines, angles and curves used to describe
boundaries, streets, setbacks, alleys, easements, structures, areas to be
reserved or dedicated for public or common use and other important features.
All curves shall be circular arcs and shall be defined by the radius, central
angle, tangent, arc and chord distances. All dimensions, both linear and
angular, are to be determined by an accurate control survey in the field which
must balance and close within a limit of one (1) in ten thousand (10,000).
b. A systematic identification of all lots and blocks and names for all streets.
c. Names of all adjoining subdivisions with dotted lines of abutting lots. If
adjoining land is unplatted, it shall be shown as such.
d. An identification of the streets, alleys, parks and other public areas or facilities
and a dedication thereof to the public use. An identification of the easements
as dedicated to public use. Areas reserved for future public acquisition shall
also be shown.
e. A written survey description of the area including the total acreage to the
nearest one-thousandth (0.001) of an acre.
f. A description of all survey monuments, both found and set, which mark the
boundaries of the subdivision and description of all monuments used in
conducting the survey. The Colorado Coordinate System may be used.
2. A statement by the land surveyor explaining how bearings, if used, were
determined.
Exhibit B
Existing Subdivision Code, Page 10
3. A certificate by the registered land surveyor as to the accuracy of the survey and
plat and a statement that the survey was performed in accordance with Title 38,
Article 51, C.R.S. 1973, as amended from time to time.
4. A certificate by a Corporate Title insurer, that the person or persons dedicating to
the public the public rights-of-way, areas or facilities as shown thereon are the
owners thereof in fee simple, free and clear of all liens and encumbrances.
5. Certificates showing approval of the final plat by the City Engineer, Community
Development Director and the Planning and Zoning Commission.
6. A certificate showing approval of the plat and acceptance of dedications and
easements by the City Council, with signature by the Mayor and attestation by the
City Clerk.
7. A certificate of filing for the County Clerk and Recorder.
8. Complete engineering plans and specifications for all improvements to be
installed in the proposed subdivision, including but not limited to water and sewer
utilities, streets and related improvements, trails, bridges and storm drainage
improvements.
9. A landscape plan showing location, size and type of proposed landscape features.
10. Copies of any monument records required of the land surveyor in accordance with
Title 38, Article 53, C.R.S. 1973, as amended from time to time.
11. Any agreements with utility or ditch companies, when applicable.
12. Any subdivision agreements as required by this Chapter.
Sec. 26.480.070.Subdivision agreement.
A. General. Prior to approval of a subdivision, the applicant and City Council shall
enter into a subdivision agreement binding the subdivision to any conditions placed on
the development order.
B. Common park and recreation areas. The subdivision agreement shall outline any
agreement on the part of the applicant, to deed public lands, open space, public facilities
and other improvements to the City or other entity.
C. Landscape guarantee. In order to ensure implementation and maintenance of the
landscape plan, the City Council may require the applicant to provide a guarantee for no
less than one hundred twenty-five percent (125%) of the current estimated cost of the
landscaping improvements in the approved landscape plan, as estimated by the City
Exhibit B
Existing Subdivision Code, Page 11
Engineer, to ensure the installation of all landscaping shown and the continued
maintenance and replacement of the landscaping for a period of two (2) years after
installation. The guarantee shall be in the form of a cash escrow with the City or a bank
or savings and loan association or an irrevocable sight draft or letter of commitment from
a financially responsible lender and shall give the City the unconditional right upon
demand to partially or fully complete or pay for any improvements or pay any
outstanding bills or to withdraw funds upon demand to partially or fully complete or pay
for any improvements or pay for any improvement or pay any outstanding bills for work
done thereon by any party.
As portions of the landscaping improvements are completed, the City Engineer shall
inspect them and upon approval and acceptance, shall authorize the release of the agreed
estimated cost for that portion of the improvements, except that ten percent (10%) shall
be withheld until all proposed improvements are completed and approved and an
additional twenty-five percent (25%), which shall be retained until the improvements
have been maintained in a satisfactory condition for two (2) years.
D. Public facilities guarantee. In order to ensure installation of necessary public
facilities planned to accommodate the subdivision, the City Council shall require the
applicant to provide a guarantee for no less than one hundred percent (100%) of the
current estimated cost of such public improvements, as estimated by the City Engineer.
The guarantee shall be in the form specified in Subsection 26.480.050.0 and may be
drawn upon by the City as specified therein. As portions of the public facilities
improvements are completed, the City Engineer shall inspect them and upon approval
and acceptance, shall authorize the release of the agreed estimated cost for that portion of
the improvements, except ten percent (10%) which shall be withheld until all proposed
improvements are completed and approved.
E. Recordation. The subdivision 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 a period of one hundred eighty (180) days following approval by the City Council
shall render the plat invalid. The Community Development Director may extend the
recordation deadline if the request is within the vesting timeline and if there is a
community interest for providing such an extension. The Community Development
Director may forward the extension request to the Planning and Zoning Commission.
The subdivision plat shall also be submitted in a digital format acceptable to the
Community Development Department, for incorporation into the City/County GIS
system. The one hundred eighty (180) day recordation requirement contained herein
shall not apply to the recording of condominium maps or declarations or any other
documents required to be recorded to accomplish a condominiumization in the City.
(Ord. No. 9-2002, §10)
Sec. 26.480.080.Amendment to subdivision development order.
A. Insubstantial amendment. An insubstantial amendment to an approved plat or
between adjacent subdivision plats may be authorized by the Community Development
Exhibit B
Existing Subdivision Code, Page 12
Director. An insubstantial amendment shall be limited to technical or engineering
considerations first discovered during actual development which could not reasonably be
anticipated during the approval process or any other minor change to a plat which the
Community Development Director finds has no effect on the conditions and
representations limiting the approved plat.
B. Other amendment. Any other amendment shall be approved by the City Council,
provided that the proposed change is consistent with the approved plat. If the proposed
change is not consistent with the approved plat, the amendment shall be subject to review
as a new development application for plat.
C. Plat vacation. Vacation of an approved plat or any other document recorded in
conjunction with a plat shall be considered a plat amendment and shall only be approved
by the City Council if good cause is demonstrated.
Sec. 26.480.090.Condominiumization.
A. General. Where a proposed development is to include a condominium form of
ownership or if an existing development is to be converted to a condominium form of
ownership, in whole or in part, a condominium subdivision plat reflecting all
condominiumized units or that portion of the development to be condominiumized, shall
be submitted to the Community Development Director for review and approval as a
subdivision pursuant to the terms and provisions of this Section.
B. Procedure. A development application for a condominiumization shall be reviewed
and approved, approved with conditions or denied by the Community Development
Director, pursuant to the procedures and standards in this Section and Common
Development Review Procedures set forth at Chapter 26.304. No condominiumization
shall be approved by the Community Development Director unless compliance with all
application portions of this Section, applicable portions of this Chapter and applicable
portions of this Title are demonstrated.
1. Contents of application. The contents of a development application for a
condominium or condominiumization shall include the following:
a. The general application information required in Common Development
Review Procedures set forth at Section 26.304.030.
b. A condominium subdivision plat drawn with permanent ink on reproducible
Mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches
with an unencumbered margin of one and one-half (1'/2) inches on the left
hand side of the sheet and a one-half('/z) inch margin around the other three
(3) sides of the sheet. It shall include:
(1) Accurate dimensions for all lines, angles and curves used to describe
boundaries, streets, setbacks, alleys, easements, structures, areas to be
Exhibit B
Existing Subdivision Code, Page 13
reserved or dedicated for public or common use and other important
features. All curves shall be circular arcs and shall be defined by the
radius, central angle, tangent, arc and chord distances. All dimensions,
both linear and angular, are to be determined by an accurate control survey
in the field which must balance and close within a limit of one (1) in ten
thousand (10,000).
(2) The plat shall be drawn at a scale of one (1) inch equals one hundred (100)
feet or larger. Architectural scales are not acceptable. If it is necessary to
place the plat on more than one (1) sheet, an index shall be included on the
first sheet. A vicinity map shall also appear on the first sheet showing the
condominium project as it relates to the rest of the City and the street
system in the area of the proposed condominium.
(3) A description of all survey monuments, both found and set, which mark
the boundaries of the subdivision and description of all monuments used
in conducting the survey. The Colorado Coordinate System may be used.
(4) A statement by the land surveyor explaining how bearings, if used, were
determined.
(5) A certificate by the registered land surveyor as to the accuracy of the
survey and plat and a statement that the survey was performed in
accordance with Title 38, Article, 51, C.R.S. 1973, as amended from time
to time.
(6) A certificate by a corporate Title insurer, that the person or person
dedicating to the public the public rights-of--way, areas or facilities as
shown thereon are the owners thereof in fee simple, free and clear of all
liens and encumbrances.
(7) Certificates showing approval of the final plat by the City Engineer and
Community Development Director.
(8) A certificate of filing for the County Clerk and Recorder.
(9) Copies of any monument records required of the land surveyor in
accordance with Title 38, Article 53, C.R.S. 1973, as amended from time
to time.
2. Recordation. The approved condominium subdivision plat shall be recorded in
the office of the County Clerk and Recorder within one hundred eighty (180) days
of its approval by the Community Development Director. Failure on the part of
the applicant to record the plat within one hundred eighty (180) days following
approval by the Community Development Director shall render the plat invalid
and a new application and approval will be required.
Exhibit B
Existing Subdivision Code, Page 14
3. Subdivision agreement. No subdivision agreement need be prepared or entered
into between the applicant and the City pursuant to a condominium or
condominiumization approval unless the Community Development Director
determines such an agreement is necessary.
4. Minimum lease deed restriction. Minimum lease deed restrictions imposed by the
City Council as a condition of condominiumization approval prior to July 1, 1992,
shall only be modified or removed with the consent of the City Council.
(Ord. No. 55-2000, §12)
Exhibit B
Existing Subdivision Code, Page 15
RESOLUTION N0. 679
(SERIES OF 2013)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING
AMENDMENTS TO SUBDIVISION REGULATIONS OF THE LAND USE
CODE.
WHEREAS, pursuant to Section 26.310.020(A), the Community Development
Department received direction from City Council to explore amendments to the City's
subdivision regulations; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach with the Planning and Zoning Commission and
local architects and planners; and,
WHEREAS, the Community Development Director recommended changes to the
subdivision regulations in the Land Use Code; and,
WHEREAS, City Council has reviewed the proposed code amendment policy
direction, and finds it meets the criteria outlined in Section 26.310.040; 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, by
a five to zero (5-0) vote, requesting code amendments to the subdivision regulations in the
Land Use Code; and,
WHEREAS, this Resolution does not amend the Land Use Code, but provides
direction to staff for amending the Land Use Code; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1: Code Amendment Obiective and Direction
The objective of the proposed code amendments is to update the subdivision regulations in
the Land Use Code. City Council provided the following direction related to the code
amendment:
• Overhaul the subdivision regulations to reflect modern expectations for process
and approval criteria.
• Create different processes and criteria depending on the extent of development
activity. In particular, reduce the review process required for development that
does not alter lot lines.
Resolution No 67, Series 2013
Page 1 of 2
• Consolidate Engineering requirements found in the land use code and other
portions of the municipal code together in one new section of the municipal code.
• Codify a process and standards for vacating or amending public rights-of-way.
• Codify requirements for plats, plans, and development agreements as required by
various processes in the land use code, including standardizing the City's public
improvement surety requirements. Define the level of detail needed for each type
of document to be recorded.
Section 2•
This resolution 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 resolutions or ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior resolutions or ordinances.
Section 3•
If any section, subsection, sentence, clause, phrase, or portion of this resolution 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.
FINALLY,adopted this 24th day of June 2013.
[signed copy with City Clerk]
Steven Skadron, Mayor
ATTEST: APPROVED AS TO FORM:
Kathryn S. Koch, City Clerk James R True, City Attorney
Resolution No 67, Series 2013
Page 2 of 2
MEMORANDUM
TO: Mayor and City Council
FROM: Chris Bendon, Community Development Director
RE: Policy Resolution: Subdivision Code Amendments
Resolution _, Series of 2013
MEETING DATE: June 24, 2013
SUMMARY:
The attached Resolution outlines Council policy direction for amendments to the Subdivision
regulations of the City. The objectives of the code amendment is to substantially overhaul the
subdivision regulations tailoring processes and requirements to be reflective of today's development
conditions, to create a new chapter specifying requirements for recordation documents, and to
assemble engineering requirements into a new section of the municipal code.
If the Policy Resolution is approved, staff will bring an Ordinance to City Council that amends
the subdivision regulations.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed resolution.
LAND USE REQUESTS AND REVIEW PROCEDURES:
This meeting is to review potential changes to the Subdivision regulations of the City. Pursuant
to Land Use Code Section 26.310, City Council is the final review authority for all code
amendments.
All code amendments are subject to a three-step process. This is the second step in the process:
1. Public Outreach
2. Policy Resolution by City Council indicating if an amendment should the pursued
3. Public Hearings on Ordinance outlining specific code amendments.
BACKGROUND& OVERVIEW:
The City's Subdivision regulations have not been overhauled since 1988. The character of
development requests and the needs of the City have changed significantly since then and staff is
proposing a substantial overhaul of the subdivision regulations to reflect modern expectations.
Many projects are currently subject to a full subdivision review, even if they are not physically
dividing property. For instance, downtown buildings that divide a building into individual
ownership interests are subject to a review with P&Z and City Council, in the same way that a
large subdivision where land is physically divided does. With the recent advent (past —5 years)
of Commercial Design review and the Council call-up procedures, subdivision reviews for
downtown projects, where no lot lines are changing, are significantly redundant.
Subdivision Policy Direction
Page 1 of 3
Staff believes many of the subdivision review processes and review standards should be updated
to reflect modern concerns related to engineering issues, environmentally sensitive areas,
utilities, drainage, etc. Engineering requirements for new development are currently scattered
throughout the land use code and municipal code. This assemblage includes many out-of-date
requirements and conflicts between various sections. Staff of the Community Development and
Engineering Departments believe the engineering requirements for new development should be
grouped together in one section of the municipal code. This will likely be a new Title of the
municipal code and replace the current assortment.
One of the common criticisms from members of the community and applicants is that all forms
of "subdivision" are reviewed by City Council, including actions that do not appear to be a
subdivision. There is a significant difference between an actual subdivision of land, such as
Burlingame Ranch, and the addition of a residence within a mixed-use building. Currently both
of these actions are treated equally, subject to the same process and criteria. Staff believes this is
due to the term "subdivision" being defined too broadly — essentially capturing everything.
Tailoring the City's process and requirements more closely to the character of the development
activity will simplify many reviews.
Staff believes a process and standards for vacating or amending public rights-of-way is needed.
The City does not have a codified process now and relies on a combination of State Statute and
administrative policy to consider these requests.
The City has multiple code sections defining requirements for plats, plans, and development
agreements — all with different requirements. Staff is proposing a new Chapter of the Land Use
Code defining all development documents associated with development, including standardizing
the City's bonding requirements for public improvements. This will also be an opportunity to
better define the level of detail needed for each type of document to be recorded.
P&Z COMMENTS: The Commission had a number of comments related to subdivision, with a
particular focus on simplifying the process. The Commission supported the idea of creating
different tiers of subdivision reviews. For example, large subdivisions that actually divide land
into new lots, like Burlingame, would go through the current Subdivision process with reviews
by P&Z and Council, while a project that divides a single building into multiple ownership
interests, like a downtown mixed-use building, would through an administrative review such as
condominiumization.
The P&Z felt that downtown buildings are subject to an extensive design reviews and growth
management reviews, where the massing and use issues are addressed, and that the subdivision
review creates confusion for all involved because it re-addresses issues that have been previously
approved. The Commission expressed a desire that the City use the Commercial Design Review
process more effectively to address any issues or concerns related to massing, heights, building
placements, materials, landscaping, etc.
The Commission also expressed a desire to have clearer review criteria for all levels of
subdivision reviews. There were also some comments related to encouraging a landscape buffer
Subdivision Policy Direction
Page 2 of 3
between the sidewalk and street, particularly for downtown projects. The Commission supported
creating clear standards for this throughout town.
PUBLIC OUTREACH / PRIVATE PLANNER COMMENTS: Staff met with a group of private
planners and architects prior to the meeting with P&Z. That group provided detailed comments
on potential code amendments to Subdivision. The group had similar comments regarding
Subdivision as the P&Z did. In fact, changing the subdivision process was their top priority for
this round of code amendments. The group strongly supported the creation of different tiers of
subdivision review. In particular, projects where a single building is divided into different
ownership interested and actual land is not being divided should only be required to go through
an administrative condominiumization process.
They felt the Commercial Design review process addresses the issues raised at Subdivision
reviews, and that using the Commercial Design process to evaluate mass and scale of buildings is
more appropriate and predictable. Finally, the group stated that one of the tiers of review should
allow property boundary changes and exchanges between properties when property owners agree
to it. Today, the only property boundary changes allowed are those to correct surveying errors.
STAFF RECOMMENDATION:
Staff recommends adoption of the attached Policy Resolution.
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Resolution No. , Series of 2013, approving a Policy Resolution regarding
subdivision code amendments."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A— Staff Findings
Subdivision Policy Direction
Page 3 of 3
RESOLUTION N0.
(SERIES OF 2013)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING
AMENDMENTS TO SUBDIVISION REGULATIONS OF THE LAND USE
CODE.
WHEREAS, pursuant to Section 26.310.020(A), the Community Development
Department received direction from City Council to explore amendments to the City's
subdivision regulations; and,
WHEREAS,pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach with the Planning and Zoning Commission and
local architects and planners; and,
WHEREAS, the Community Development Director recommended changes to the
subdivision regulations in the Land Use Code; and,
WHEREAS, City Council has reviewed the proposed code amendment policy
direction, and finds it meets the criteria outlined in Section 26.310.040; 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. _, Series of 2013, by
a to (_—_) vote, requesting code amendments to the subdivision regulations
in the Land Use Code; and,
WHEREAS, this Resolution does not amend the Land Use Code, but provides
direction to staff for amending the Land Use Code; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1: Code Amendment Obiective and Direction
The objective of the proposed code amendments is to update the subdivision regulations in
the Land Use Code. City Council provided the following direction related to the code
amendment:
• Overhaul the subdivision regulations to reflect modern expectations for process
and approval criteria.
• Create different processes and criteria depending on the extent of development
activity. In particular, reduce the review process required for development that
does not alter lot lines.
Resolution No_, Series 2013
Page l of 2
• Consolidate Engineering requirements found in the land use code and other
portions of the municipal code together in one new section of the municipal code.
• Codify a process and standards for vacating or amending public rights-of-way.
• Codify requirements for plats, plans, and development agreements as required by
various processes in the land use code, including standardizing the City's public
improvement surety requirements. Define the level of detail needed for each type
of document to be recorded.
Section 2•
This resolution 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 resolutions or ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior resolutions or ordinances.
Section 3•
If any section, subsection, sentence, clause, phrase, or portion of this resolution 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.
FINALLY, adopted this_th day of 2013.
Steven Skadron, Mayor
ATTEST: APPROVED AS TO FORM:
Kathryn S. Koch, City Clerk James R True,City Attorney
Resolution No , Series 2013
Page 2 of 2
Exhibit A: Staff Findings
26.310.040. Amendments to the Land Use Code standards of review—Initiation
In reviewing a request to pursue an amendment to the text of this Title, per Section
26.310.020(B)(2), Step Two — Public Hearing before City Council, the City Council shall
consider:
A. Whether there exists a community interest to pursue the amendment.
Staff Findings:
Staff believes there is a community interest in updating the subdivision code to better reflect
modern expectations for approval criteria and processes. This item was recently identified as the
first priority by common customers (local architects and planners). The subdivision regulations
have not been amended since 1988, while other sections of the code have been updated to meet
current-expectations and community values. Staff finds this criterion to be met. - -
B. Whether the objectives of the proposed amendment furthers an adopted policy,
community goal, or objective of the City including, but not limited to, those stated in
the Aspen Area Community Plan.
Staff Findings:
Earlier this year, after adopting the AACP, City Council identified a number of work program
priorities for Community Development. Updating the subdivision requirements in the Land Use
Code was one of those. Staff finds this criterion to be met.
C. Whether the objectives of the proposed amendment are compatible with the
community character of the City and in harmony with the public interest and the
purpose and intent of this Title.
Staff Findings:
The intent of the proposed amendment is to ensure the processes and criteria for various subdivision
actions reflect the community expectations and values. The current code applies the same criteria to
an actual subdivision (Burlingame Ranch) and a development which does not alter lot lines (the
addition of a residence in a downtown building). Modernizing the processes and criteria specific to
the types of development activity occurring today and that are expected to occur over the next 5-10
years is significantly in the public interest. Staff finds this criterion to be met.
Subdivision Policy Direction; Exhibit A
Page I of I