HomeMy WebLinkAboutChapter 26.480 - SubdivisionChapter 26.480
SUBDIVISION
Sections:
See.26.480.010
Purpose.
Sec. 26.480.020
Applicability, prohibitions and lot merger.
Sec. 26.480.030
Procedures for review.
See. 26.480.040
General subdivision review standards.
Sec. 26.480.050
Administrative subdivisions.
Sec. 26.480.060
Minor subdivisions.
Sec. 26.480.070
Major subdivisions.
Sec. 26.480.080
Subdivision application contents.
Sec. 26.480.090
Subdivision amendments.
See.26.480.100
Appeals.
26.480.010. Purpose.
The purpose of this Chapter is to: (a) assist in the orderly and efficient development of t P r:+y; (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.
(Ord. No. 37-2013, § 2)
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 ' e property boundarysubdivided 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 Piticin County
Cleric and Recorder.
This Chapter shall apply to the dedication, boundary alteration, realignment, or any partial or whole
vacation of a Street, Allev,or other vehicular right-of-way.
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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 cowl of competent jurisdiction
in this State, or by operation of law, provided that the city is given notice of and an
opportunity to participate in the judicial proceeding prior to the entry of any such court order.
2. A division of land reflected or created by a lien, mortgage, deed of trust or any other security
instrument.
3. A division of land created or reflected in a security or unit of interest in any investment trust
regulated under the laws of Colorado, or any other interest in an investment entity.
4. A division of land to create cemetery plots.
5. A division of land creating an interest in oil, gas, minerals or water which is severed from the
surface ownership or real property.
6. A division of land created by the acquisition of an interest in land by reason of marriage or
blood relationship, joint -tenancy, or tenants -in -common. Any such interest is for the purposes
of this Title a single interest.
7. The creation of an undivided leasehold interest in an entire parcel of land.
8. The creation of a leasehold interest in a portion of a parcel for a period of forty (40) years or
less.
9. The creation of or transfer of a Transferable Development Right, pursuant to Chapter 26.535
10. The creation of or transfer of a Certificate of Affordable Housing Credit, pursuant to Chapter
26.540.
11. Any development or redevelopment which does not alter the physical boundaries or legal
description of a parcel.
12. The creation, dedication, alteration, realignment, or vacation of non -vehicular easements such
as utility or ditch easements, pedestrian or recreational trail easements, open space or similar
use restrictions or easements, or other similar easements unrelated to vehicular access.
13. The creation, dedication, alteration, realignment, or vacation of a shared driveway easement
when all affected parcels adjoin a public right-of-way.
B. Prohibitions.
1. It shall be unlawful for any person to develop, lease, or sell any parcel of land, including any
separate interest in a parcel of land (including leasehold interest or condominium interest) in
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the City until it has been subdivided and a plat recorded in the office of the County Clerk and
Recorder pursuant to the terms of this Chapter, except as otherwise provided by this Chapter
A written agreement to sell or lease an interest in a parcel of land which is expressly
conditioned upon full compliance by the seller with this Chapter within a specified period of
time and which expressly recites that seller's failure to satisfy such condition within said
period of time shall terminate the agreement and entitle the buyer to the prompt return of all
consideration paid by the buyer, shall not constitute a violation of this Chapter.
2. Unless otherwise merged by operation of .the lot merger provision below, merging or
combining lots or parcels into one lot shall require subdivision approval pursuant to this
Chapter. Lots shall not be considered merged, or otherwise legally combined, by a structure
spanning the property boundary and shall continue to be separate ownership interests unless
combined pursuant to this Chapter.
3. No interest in a parcel of land shall be transferred, conveyed, sold, subdivided, acquired,
separated from or combined with another parcel without subdivision approval pursuant to this
Chapter. The lot lines established in a subdivision shall not be altered by conveyance of a
part of a lot, nor shall any part of a lot be joined with a part of any other lot without
subdivision approval pursuant to this Chapter. Conveyances intended to avoid or circumvent
any provision of this Chapter shall be prohibited. A leasehold interest of 40 years or less of a
portion of a lot or parcel shall not be considered a conveyance.
C. Lot Merger. If two (2) or more lots within the Original Aspen Townsite or additions thereto
had continuous frontage and were in single ownership (including husband and wife) on October 27,
1975, the lots shall be considered an undivided lot for the purposes of this title and conveyance of any
portion shall require subdivision approval pursuant to this Chapter. Any lot within a subdivision
approved by the City of Aspen or Pitkin County is exempt from this merger provision.
For the purposes of this provision, the Aspen Townsite or addition thereto includes all lands depicted
on the Official Map of the City of Aspen approved by the Aspen City Council November 16, 1959,
(a.k.a. the `Buchanan Map") plus any lands annexed to the City on or before October 27, 1975.
(Ord. No. 44-2001, §1; Ord. No. 37-2013, § 2)
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:
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
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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. PWose: To determine if the application meets the standards for minor subdivision approval.
2. Process: City Council shall approve, approve with conditions, or deny the application after
considering the recommendation of the Community Development Director and comments and
testimony from the public at a duly noticed public hearing.
3. Standards of review: The proposed subdivision shall comply with the review standards of
Section 26.480.060.
4. Form of decision: City Council decision shall be by ordinance. The ordinance shall include a
description or diagram of the subdivision and require timely recordation of a subdivision plat.
5. Notice requirements: Posting, Mailing and Publication pursuant to Subparagraph
26.304.060.E.3, the requirements of Section 26.304.035 — Neighborhood Outreach as
applicable, and the requisite notice requirements for adoption of an ordinance by City
Council.
Major Subdivisions. City Council, during a duly noticed public hearing, shall review a
commendation 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: The proposed subdivisionshall comply with the review standards of
Section 26.480.070.
4. Form of decision: The Planning and Zoning recommendation shall be by resolution.
5. Notice requirements: Posting, Mailing and Publication pursuant to Subparagraph
26.304.060.E.3 and the provisions of Section 26.304.035 — Neighborhood Outreach as
applicable.
Step Two — Public Hearing before City Council.
1. Purpose: To determine if the application meets the standards for maj or subdivision approval
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2. Process: The Community Development Director shall provide City Council with a
recommendation to approve, approve with conditions, or deny the application, based on the
standards of review. City Council shall approve, approve with conditions, or deny the
application after considering the recommendation of the Community Development Director,
the recommendation from the Planning and Zoning Commission, and comments and
testimony from the public at a duly noticed public hearing.
3. Standards of review: The proposed subdivision shall comply with the review standards of
Section 26.480.070.
4. Form of decision: City Council decision shall be by ordinance. The ordinance shall include a
description or diagram of the subdivision and require timely recordation of a final subdivision
plat.
5. Notice requirements: Posting, Mailing and Publication pursuant to Subparagraph
26.304.060.E.3, the requirements of Section 26.304.035 — Neighborhood Outreach as
applicable, and the requisite notice requirements for adoption of an ordinance by City
Council.
(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; Ord. No. 37-2013, § 2)
26 480 040. General subdivision review s andards.
All subdivisions shall be required to conform to the following general standards and limitations in
addition to the specific standards applicable to each type of subdivision:
A. Guaranteed Access to a Public Way. All subdivided lots must have perpetual unobstructed
legal vehicular access to a public way. A proposed subdivision shall not eliminate or obstruct legal
vehicular access from a public way to an adjacent property. All streets in a Subdivision retained
under private ownership shall be dedicated to public use to ensure adequate public and emergency
access. Security/privacy gates across access points and driveways are prohibited.
B. Alignment with Original Townsite Plat. The proposed lot lines shall approximate, to the
extent practical, the platting of the Original Aspen Townsite, and additions thereto, as applicable to
the subject land. Minor deviations from the original platting lines to accommodate significant
features of the site may be approved.
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.
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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.
(Ord. No. 21-2002, §8; Ord. No. 27-2002, §§18, 19; Ord. No. 37-2013, § 2)
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. Condominiumization shall be limited to allocating ownership interests of a single parcel
and shall not effect a division of the parcel into multiple lots, an aggregation of the parcel with other
lands, a change in use of the property, and shall not operate as an abatement of other applicable
regulations affecting the property. The Director shall review the condominiumization plat pursuant to
Section 26.480.030, Procedures for Review, and according to the following standards:
1. The Condominium Plat is in an acceptable style and format as prescribed in Title 29 —
Engineering Design Standards, Plats.
2. The Condominium Plat shall be reviewed and then recorded in the office of the Pitkin County
Cleric and Recorder. No subdivision agreement need be prepared or entered into between the
applicant and the City unless the Community Development Director determines such an
agreement is necessary.
B. Exempt Timesharing. A s division necessary to establish, amend, or vacate time -span
estates that comply with the require ents 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. Any plat shall be in a style and
format as prescribed in Title 29 — Engineering Design Standards, Plats. No subdivision agreement
need be prepared or entered into between the applicant and the City unless the Community
Development Director determines such an agreement is necessary. This form of subdivision shall not
be used to create any additional lots or dwelling units.
QProved,
Boundary Adjustment. An adjustment of a lot line between contiguous lots shall be
approved with conditions, or denied by the Community Development Director, pursuant to
Section 26.480.030, Procedures for Review, according to the following standards:
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1. The request permits a boundary adjustment between contiguous parcels or corrects an error in
a recorded plat.
2. The adjustment results in the same number of parcels. Changes in development rights for the
individual lots may occur unless specifically prohibited by the original subdivision
documents.
3. The request complies with the requirements of Section 26.480.040, General Subdivision
Review Standards.
4. The adjustment does not result in a parcel lying in more than one zone district. For
adjustments between parcels located in different zone districts, the adjustment shall be
approved only upon an amendment to the Official Zone District Map. (Please see Section
26.304.060.B.2 and Chapter 26.310.)
5. For adjustments between parcels located in a Planned Development, the adjustment shall be
approved conditioned upon an amendment to the Planned Development approvals or
designated area, as applicable. (Please see Section 26.304.060.B.2 and Chapter 26.445.)
6. The Boundary Adjustment Plat shall be reviewed and recorded in the office of the Pitkin
County Clerk and Recorder, pursuant to Chapter 26.490 — Approval Documents. No
subdivision agreement need be prepared or entered into between the applicant and the City
unless the Community Development Director determines such an agreement is necessary.
(Ord. No. 44-2001, §2; Ord. No. 12, 2007, §§29, 30; Ord. No. 3, §18; Ord. No. 37-2013, § 2)
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 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
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conditions, or denied by the City Council, pursuant to Section 26.480.030 — Procedures for Review,
after a recommendation is provided by the Historic Preservation Commission pursuant to Section
26.415.110(A) Historic Landmark Lot Split, and according to the following standards:
1. The request complies with the requirements of Section 26.480.040, General Subdivision
Review Standards.
2. The fathering parcel is listed in the Inventory of Historic Sites and Structures.
3. No more than two lots are created by the Historic Landmark Lot Split. No more than one
historic landmark lot split shall occur on any one fathering parcel.
4. In residential zone districts, the allowable Floor Area for each new residential lot shall be
established by allocating the total allowable Floor Area of the fathering parcel to each of the
new lots such that no overall increase in Floor Area is achieved and no individual lot allows a
Floor Area in excess of that allowed a similarly -sized lot in the same zone district. An equal
distribution is not required. The allowable Floor Area for each new lot shall be noted on the
Historic Lot Split Plat.
Any Floor Area bonus already granted by the Historic Preservation Commission shall be
allocated to each individual parcel and shall also be noted on the plat as a square footage
bonus. If the properties remain eligible for a Floor Area bonus from the Historic Preservation
Commission, the plat and subdivision agreement shall specify the manner in which this
potential bonus shall be allocated to the two properties if received.
In non-residential zones districts, the Floor Area shall be calculated according to the
limitations of the zone district applied to each new lot as permitted for the use. The total
Floor Area shall not be stated on the plat because the floor area will be determined by the use
established on each parcel.
5. The Historic Lot Split Plat shall be reviewed and recorded in the office of the Pitkin County
Clerk and Recorder, pursuant to_.,Chapter 26.490 — Approval Documents. No subdivision
agreement need be prepared or entered into between the applicant and the City unless the
Community Development Director determines such an agreement is necessary.
*Note — Historic properties eligible for a standard lot split are not required to proceed through the
historic lot split process.
(Ord. No. 37-2013, § 2)
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.
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A. Land Subdivision. The division or aggregation of land for the purpose of creating individual
lots or parcels shall be approved, approved with conditions, or denied according to the following
standards:
1.
The proposed subdivision complies with the requirements of Section 26.480.040 — General
Subdivision Review Standards.
2.
The proposed subdivision enables an efficient pattern of development that optimizes the use
of the limited amount of land available for devo ment.
�7 3.
The proposed subdivision preserves important geologic features, mature vegetation, and
structures or features of the site that have historic, cultural, visual, or ecological importance or
contribute to the identity of the town.
4.
The proposed subdivision prohibits development on land unsuitable for development because
of natural or man-made hazards affecting the property, including flooding, mudflow, debris
flow, fault ruptures, landslides, rock or soil creep, rock falls, rock slides, mining activity
including mine waste deposit, avalanche or snowslide areas, slopes in excess of 30%, and any
other natural or man-made hazard or condition that could harm the health; safety, or welfare
of the community. Affected areas m� be acceptP� aG c table fog dgvgloprnent if adequate
mitigation techniaues_ c ptable to the City Engineer are _pxaposed�n--c4xnl fiance with Title
129 — 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 en ing Bering 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 unerad e public infrastrnctwe and facilities necessary to serve
the subdivision. Improvements shall be at the sole cost of the developer.
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.
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Page 9
10. A Development Agreement shall be reviewed and recorded in the office of the Pitkin County
Clerk and Recorder, pursuant to Chapter 26.490 — Approval Documents.
B. Vehicular Rights -of -Way. The dedication, boundary alteration, realignment, or any partial
or whole vacation of a Street Alley, or other vehicular right-of-way serving more than one parcel,
shall be approved, approved with conditions, or denied according to the following standards:
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 A men
2. The proposed change to the public rights -of -way maintains or improves safe n sical and
legal access from a public way to all adiacent 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 pins auey access, is
3. The design of the proposed change complies with Municipal Code Title 29 — Eneineering
Design Stan� 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 imnroves normal traffic circulation traffic control
capabilities, access by emergency and service vehicles pedestrian and bike connections,
drainage infrastructure, street and infrastructure maintenance ��sj 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 -
or
dimensions, location topography existing or pxs2nosed develonment '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 DedicationNacation 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 hovzthe lands underlying vacated ri htg s-of-way shall accrue to adjacent
? V parcels in com In fiance 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.
(Ord. No. 9-2002, §10; Ord. No. 37-2013, § 2)
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Page 10
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 26.304.034NOp CA' 'A RAra.
B. Written responses to the review criteria a 1pp icable 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 frplr-publicand private utility providers that will
service the proposed subdivision with potable water, fora gas, electricity sanitaiy sewer, storm
sewer, and roads stating they can serviCe-lhe-propose snhdi_vision. Ability -to -Serve letters shall be
substantially in the following format:
The [utility provider] has reviewed the proposed [subdivision name and date of application]
subdivision and has adequate capacity to serve proposed development, subject to compliance
with the following adopted design standards [reference] and subject to the following adopted tap
fee or impact mitigation requirements [reference].
For Major Subdivision applications proposing the addition of 50 or more residences, or that proposes
new water use in an amount equal to or exceeding that used by 50 residences, the application must
demonstrate compliance with the State Adeauate�uper Act. (Colo. Revised Statutes 29-20-I
301, et seq.)
E. For Major Subdivision applications, a statement prepared by a Colorado registered
Professional Engineer, and de ap ction or mapping as necessary regarding the presence of natural or
man-made hazard—saffarting--the prapertY_including flooding, mudflow debris flow, fault ruptures,
or soil creep, rock falls, rock
or
of 30% shall require a
mine waste
Areas with slopes in excess
ieoloeic Survev. 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 depictionur mapping as necessary, describing the potential infrastructure
„narnde.q. nlionmentdesign_ and mitigation technioues that may be necessary for develonment-Qf-the
site to be served public infrastructure, achieve
Code Title 29 -
Engineering Design Standards, and achieve compliance with the City of Aspen Urban Runoff
Management Plan (URMP).
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Part 400 - Subdivision
Page 11
The information shall be of sufficient detail to determine the acceptable location(s) and extent of
development and to understand the necessary upgrades and the possible alignments, designs, or
mitigation techniques that may be required. Specific engineered solutions and design details do not
need to be submitted for land use review. An applicant may be required to submit specific design
solutions prior to or in conjunction with recordation of a subdivision plat and development
agreement, pursuant to Chapter 26.490 — Approval Documents.
G. For Major Subdivision applications, a statement regarding_9chonl 1 and Dedication
requirements of Section 26.620.060 and a description of any lands to be dedicated to meet the
standard. t A � Irv, .
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 showine 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 rieht(s)-of-wuv-in which the
(Ord. No. 37-2013, § 2)
26.480.090. Subdivision amendments.
A. Release of minimum -term lease deed restrictions. Upon request by the property owner,
deed restrictions prohibiting short-term rentals imposed by the City Council as a condition of
condominiumization approval (which was common practice prior to July 1, 1992) shall be voided by
the Community Development Director. The Director shall extinguish the City's interest in the
restriction by issuance of a written decision notice in a recordable format acceptable to the property
owner and the City Attorney.
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
City of Aspen Land Use Code
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Page 12
that it is consistent with or an improvement to the approved subdivision. Notwithstanding the above,
the City Council may find that an amendment request is substantial and should require review as a
Major Amendment.
D. Major Amendment. If the Community Development Director finds that the amendment
request is inconsistent with the original approval or represents a substantive change to the allowances
and limitations of a subdivision, the amendment shall be subject to review as a new subdivision
pursuant to the procedures and requirements of this Chapter.
E. Plat Vacation. Vacation of an approved plat or any other document recorded in conjunction
with a plat shall be reviewed by the individual or review body established in this Chapter as having
jurisdiction for approving the plat or document. The individual or review body shall apply the
applicable standards of review established in this Chapter and shall also consider whether the
applicant has demonstrated good cause. If no review body has established jurisdiction, the document
may be vacated by the City Council if good cause is demonstrated.
(Ord. No. 55-2000, § 12; Ord. No. 37-2013, § 2)
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.
(Ord. No. 37-2013, § 2)
City of Aspen Land Use Code
Part 400 — Subdivision
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