Loading...
HomeMy WebLinkAboutagenda.apz.20021105 AGENDA ASPEN PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY, NOVEMBER 5, 2002 4:30 PM CITY COUNCIL CHAMBERS I. COMMENTS A. Commissioners B. Planning Staff C. Public II. MINUTES III. DECLARATION OF CONFLICTS OF INTEREST IV. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS A. 922 W. HALLAM SPECIAL REVIEW TO VARY THE ADU DESIGN STANDARDS, Sarah Oates B. 116 S. SECOND STREET SPECIAL REVIEW TO VARY THE ADU DESIGN STANDARDS, James Lindt C. INFILL CODE AMENDMENTS, Chris Bendon, continued from 10/29 V. BOARD REPORTS VI. ADJOURN INFILL AMENDMENTS REVIEW SCHEDULE: 11.5.02 All meetings are held in the basement of City Hall, unless otherwise noticed, and begin at 4:30 p.m. September 171h Commercial Zone Districts, Calculations and Measurements, Use Definitions September 24th Pedestrian Amenity, View Planes October 15t Parking, Commercial Design Standards October 8"' Commercial Design Standards, Pedestrian Amenity October 15th Historic TDR Program, Lodge Zone Districts, View Planes October 22°d Commercial Zone Districts, Parking October 29th Residential Zone Districts, Alley Houses, Calculations and Measurements November 5th Regular meeting (caseload items), Subdivision November 12th Multi -Family Housing Replacement, Commercial Zone Districts November 19th Regular meeting (caseload items), Residential Zone Districts, Calculations and Measurements November 261h GMQS, other topics if needed December 3rd Regular meeting (caseload items) Infill topics if needed December loth Review of entire Infill Program, Rezonings December 17th Review of entire Infill Program & final recommendation MEMORANDUM To: Planning & Zoning Commission THRU: Joyce Ohlson, Community Development Deputy Director FROM: Sarah Oates, City Zoning Officer RE: 922 W. Hallam Special Review to Vary the ADU Design Standards- Public Hearing DATE: November 5, 2002 APPLICANT: Steve Marcus and Bob Witek`'''i.`� PARCEL ID: 2735-123-18-001 ADDRESS: 922 W. Hallam ZONING: R-6 (Medium -Density Residential) CURRENT LAND USE: 3,470 SF lot, currently vacant with approvals for a single- family residence with a garage. PROPOSED LAND USE: The applicants E proposes to build an Accessory Dwelling Unit beneath the garage. This proposal does not comply with three of the ADU design standards: A) it is not above grade; B) it is not detached from the principal building; and Above: 922 W. Hallam C) a parking space for the ADU is not provided. BACKGROUND: The applicant is seeking special review approval to vary the ADU design standards to for an ADU below the garage. The property is zoned R-6 (Medium -Density Residential) and 922 W. Hallam was approved as part of a Historic Landmark Lot Split as the adjacent residence is a historic landmark. At the time the development was approved at HPC.the proposal did not include an ADU. The applicant has applied for a building permit and the cash -in -lieu fee has been calculated at $110,242.44. Land Use Code Section 26.520.080(D) gives the Planning and Zoning Commission authority to approve, approve with conditions, or deny an application for a variance from the ADU design standards through special review if the proposed variations meet the following criteria: 1. The proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose of the zone district in which it is proposed, and promotes the unit's general livability; and, 2. The proposed ADU is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance of the property; and, 3. The proposed ADU is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of on -street parking, availability of transit services, and walking proximity to employment and recreational opportunities. STAFF COMMENTS: Staff feels the proposed design of the ADU at 922 W. Hallam is inconsistent with the purpose and intent of the ADU program. Staff was directed last year to modify the ADU program to eliminate provisions for sub -grade ADUs as well as ADUs that were connected to the main house. Although separating the ADU at 922 W. Hallam would be impossible due to the small size of the lot, the proposed ADU is contrary to the intent of the program, as well as an example of the type of ADU the City does not want to see built based on the design standards. HOUSING AUTHORITY RECOMMENDATION: The Aspen/Pitkin County Housing Authority has reviewed the proposal and recommends that the Planning and Zoning Commission approve with conditions the proposed special review application to vary the ADU design standards. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission deny the special review application to waive the ADU design standards 3, 4 and 5 finding that the review standards have not been met. RECOMMENDED MOTION(ALL MOTIONS ARE STATED IN THE POSITIVE: "I move to approve with conditions Resolution No.2; Series of 2002, approving a special review application to waive the ADU design standards 3, 4 and 5 to allow for a Accessory Dwelling Unit at 922 W. Hallam finding the review standards have been met." ATTACHMENTS: Exhibit A -- Review Criteria & Staff Findings Exhibit B -- Application & Plans Exhibit C -- Referral Comments 2 EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS Section 26.520.080 Special Review for ADU Design Standards The Planning and Zoning Commission may grant relief from the Accessory Dwelling Unit (ADU) Design Standards at a public hearing if the variance from the design standards is found to be consistent with the following standards: a) The proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose of the zone district in which it is proposed, and promotes the unit's general livability; and, b) The proposed ADU is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance of the property; and, c) The proposed ADU is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of on -street parking, availability of transit services, and walking proximity to employment and recreational opportunities. In response to the review criteria for a variance from the ADU design standards, staff makes the following findings: a) The proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose of the zone district in which it is proposed, and promotes the unit's general livability. Staff Findinc The proposed ADU does not promote the purpose of the ADU program. Although, due to site constraints, the ADU could not be detached from the primary residence by at least ten (10) feet, the proposed sub -grade ADU does not promote the ADU program or the unit's general livability. Last December, per the direction of City Council and P&Z, Staff eliminated allowing sub -grade ADU units in order to promote livability. Also, the lack of a parking space further diminishes the unit's livability. b) The proposed ADU is designed to be compatible with, and subordinate in character to, the primary residence considering all the dimensions, site configuration, landscaping, privacy, and historical significance of the property. 3 Staff Finding As the ADU is sub -grade it certainly is subordinate to the character of the primary residence. Approvals from the HPC will need to be sought for the modest design changes needed to accommodate the ADU. c) The proposed ADU is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of off-street parking, availability of transit services, and walking proximity to employment and recreational opportunities. Staff Finding The ADU is proposed to be located, without a parking space, in a neighborhood which has a multi -family building which does not have sufficient parking. The ADU, although it does not enhance the neighborhood, is located near a bus stop and is generally compatible with the neighborhood other than the lack of an on -site parking space. 11 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A SPECIAL REVIEW TO VARY THE ACCESSORY DWELLING UNIT DESIGN STANDARDS TO ALLOW FOR AN ACCESSORY DWELLING UNIT AT 922 W. HALLAM, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-123-18-001 Resolution No. (Series of 2002) WHEREAS, the Community Development Department received an application from Steve Marcus and Bob Witek, seeking a special review approval for a variance from Section 26.520.050, Accessory Dwelling Unit Design Standards to allow for an attached, sub -grade Accessory Dwelling Unit and a waiver to the parking requirement for the Accessory Dwelling Unit at 922 W. Hallam and described as Aspen Historic Cottages, Lot A, City and Townsite of Aspen, Colorado; and, WHEREAS, pursuant to Section 26.520.050 of the Aspen Municipal Code, Community Development Department staff reviewed the applicant's application for compliance with the Accessory Dwelling Unit Design Standards Section of the Aspen Municipal Code and found the submitted development application to be inconsistent with Review Standards pursuant to 26.520.050(3), 26.520.050(4) and 26.520.050(5); and, WHEREAS, Section 26.410.020(C) of the Aspen Municipal Code provides that if an application is found by Community Development Department staff to be inconsistent with any item of the Accessory Dwelling Unit Design Guidelines, the applicant may either amend the application or appeal staff s findings to the Planning and Zoning Commission pursuant to Chapter 26.520.080, Special Review; and, WHEREAS, all applications for Special Review for variations from the ADU Design Standards of Section 26.520.050 must meet the following review standards in order for the Planning and Zoning Commission to grant a variance from the ADU design standards: a) The proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose of the zone district in which it is proposed, and promotes the units general livability; and a) The proposed ADU is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance of the property; and c) The proposed ADU is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of off-street parking, availability of transit services, and walking proximity to employment and recreational opportunities. M WHEREAS, the Community Development Director, after review of the requested variance, recommended denial of the special review to allow the applicant to vary the ADU design standards; and, WHEREAS, the Aspen/Pitkin County Housing Authority, after review of the requested variances, recommended approval with conditions of the special review to vary the ADU design standards; and, WHEREAS, during a duly noticed public hearing at a regular meeting on November 55 2002, the Planning and Zoning Commission, approved by a vote of to a special review application to vary the ADU design standards for a unit at 920 W. Hallam, City and Townsite of Aspen; and, NOW, THEREFORE BE IT RESOLVED by the Commission: Section 1: That a special review for a variance from the ADU Design Standards for an ADU located at 922 W. Hallam, Aspen, Colorado, is approved pursuant to Land Use Code Section 26.430, Special Review with the following conditions: 1. The applicant shall deed restrict the Accessory Dwelling Unit with the Pitkin County/Aspen Housing Authority prior to the issuance of a building permit. 2. The applicant shall seek and receive approval from HPC for any design changes required to accommodate the Accessory Dwelling Unit for the purpose of access and UBC requirements. 3. The sub -grade unit must meet the natural light requirements as stated in the Uniform Building Code. 4. The deed restriction shall be recorded prior to the issuance of a building permit. 5. Upon the completion of the unit, but prior to Certificate of Occupancy, staff will conduct an inspection of the unit for compliance. Section 2-- All material representations and commitments made by the applicant pursuant to the special review approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission are hereby incorporated in such approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. 0 .qPrtinn 'A - This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. ,qPrtinn 4- 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. APPROVED by the Commission at its regular meeting on November 5, 2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chair 7 OCT.28.2002 10:56AM ASPEN HOUSING OFC NO.427 P.1 4 9 M i WA MrA� A TO: Sarah Oates, Community Development Department FROM: Cindy Christensen, Housing Office DATE: October 22, 2002 RE: 922 W. HALLAM STPMT SPPCAL REVIEW TO VARY ADU STANDARDS Parcel M No. The applicant is requesting approval to put a sub, -grade accessory dwelling unit below the garage. To create a separate sbvcture 10 feet from the principal residence is not possible due to the size and configuration of the lot. RACE;OROIT-ISM: Accordir�g to Ordinance No, 46.20015 all ADU's must conform to the following design standards unless otheTvcrise approved pursuant to Section 26,520,080, Special Review: 1. An ADU must contain between 300 and 800 net livable square feet; 10% of which must be a closet or storage area. 2. An ADU must be able to function as a separate dwelling unit. This includes the following: a, An ADU must be separately accessible from the exterior. An interior entrance to the primary residence may be approved, pursuant to Special Review; b. An ADU must have separate accessible utilities, This does not include shared services; C. An ADU shall contain a kitchen containing, at a rninimurn, an oven, a stove with two burners, a sink, and a refrigerator with a minixnum of 6 cubic feet of capacity and a freezer; and d, An ADU shall contain a bathroom containing, at a minimum, a sink, a toilet and a shower, 3, One parking space for the ADU shall be provided on -site and shall remain available for the benefit of the ADU resident» The parking space shall not be stacked with a space for the primary residence, 4. The finished floor height(s) of the ADU shall be entirely above the nstu ral or finished grgde, whichever is higher, on all sides of the structure, 5. The ADU shall be detached from the primary residence, An ADU located above a detached garage or storage area shall qualify as a detached ADU. No other vonneedons to the pnmary residence, or portions thereof, shall qualify the ADU as detached. 6. An ADU shall be located within the dimensional requirements of the zone district in which the property is located, 7. The roof design shall prevent snow and ice from shedding upon an entrance to an ADU. If the entrance is accossed via stairs, sufficient means of preventing snow and ice from &cuing on the stairs shall be provided. 8. Amrs shall be developed in accordance with the requirements of this title which apply to residential developnmt in general. These include, but are not limited to, the Uniform Building OCT.28.2002 10:56AM ASPEN HOUSING OFC NO.427 P.2 i Code requirements related to adequate natural light, ventilation, fre egress, fire suppression, and sound attenuation between living units. This standard may not be varied, 9. All ADU's shall be registered with the housing Authority and the property shall be deed restricted in accordance with Section 26-520-070, Deed Restri'c6om and Eqforcement, This standard may not be varied. 10, According to Section 26-520-070, Deed Restrictions and Enforcement, if the ADU is being used to qualify a property for a Floor Area Exemption, than the unit shall be a "For Sale" affordable housing unit and conveyed to a qualified purchaser, according to the Aspen/Pitldn County Housing Guiidelincs, and as they sre amended from time to time RECOM:NI>N; Although a sub -grade unit is not preferred, due to tho size of the lot and the configuration of the lot, Staff would recommend approval as long as the following conditions are met; 1. Conditions 1 through 9 stated above are met. 2. The sub -grade unit must meet the natural light requirements as stated in the Uniform Building Code. 3. The deed restriction shall be recordod prior to issuance of a building permit. 4. Upon completion of the unit, but prior to Certificate of Occupancy, staff wM conduct an inspection of the unit for compliance. eiCh��d�r�f�hPn�ii�«�uiaoo�cc E Tr, 00­1� MEMORANDUM Above Photo: Picture of proposed ADU unit taken from existing parking spaces on the alley. To: Planning & Zoning Commission THRU: Joyce Ohlson, Community Development Deputy DirectoiJA'o FROM: James Lindt, Planner RE: 116 S. Second Street Special Review to Vary the ADU Design Standards - Public Hearing DATE: November 5, 2002 APPLICANT: Christopher Smith, Diana Beuttas, and Deborah Hatch, Represented by John LaSalle. PARCEL ID: 2735-124-54-011 ADDRESS: 116 S. Second Street ZONING: R-6 (Medium -Density Residential) CURRENT LAND USE: 9,000 SF lot developed with three (two duplex and one detached) free market units. PROPOSED LAND USE: The applicant proposes to deed restrict the unit on the northern portion of the property as an Accessory Dwelling Unit (ADU). The unit to be deed restricted is only detached by three (3) feet from the duplex. Whereas, the R-6 Zone District in which the property is located requires detached dwelling units to be separated by at least ten (10) feet. In addition, the rear unit is non -conforming in BACKGROUND: The applicant is seeking special review approval to vary the ADU design standards to allow for the northernmost of three units on the property located at 116 S. Second Street to be deed restricted as an ADU. The property is zoned R-6 (Medium -Density Residential) which only allows for at most two primary residential units to legally exist on a property as a permitted use. The applicant whiskies to bring the property into conformance with the zoning requirements in regards to the use of the property so that she may utilize some unused FAR. Deed restricting one of the units as an ADU will make the property conforming in terms of it's use because ADU's do not count as a unit of density. However, the applicant cannot deed restrict the Ludt as an ADU without receiving special review approval to vary the ADU design standards because the Ludt is not completely in conformance with the dimensional requirements of the R-6 Zone District. Thus, the applicant is requesting special review approval to waive ADU design standard no. 6, which requires an ADU to be located within the dimensional requirements of the zone district in which the property is located. Land Use Code Section 26.520.080(D) gives the Planning and Zoning Colmnission authority to approve, approve with conditions, or deny an application for a variance from the ADU design standards through special review if the proposed variations meet the following criteria: 1. The proposed AD U is designed in a manner 11;hich promotes the purpose of the ADU program, promotes the purpose of the zone district in which it is proposed, and promotes the unit 's general livability; and, 2. The proposed ADU is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance of the property); and, 3. The proposed ADU is designed in a manner which is compatible 11;ith or enhances the character of the neighborhood considering all dimensions, density), designated vie14) planes, operating characteristics, traffic, availability of on -street parking, availability of transitservices, and walking proxim40; to employment and recreational opportunities. STAFF COMMENTS: Staff feels that because the unit is existing it would be difficult for the applicant to make it conform to all of the dimensional requirements of the R-6 Zone District. Staff also believes that the unit's setback non -conformity from the alley and from the existing duplex on the property does not significantly detract from the general livability of the unit. The unit is in conformance with all of the other applicable ADU design standards and is in a location that is close in proximity to the commercial core area and the RFTA bus line. Moreover, Staff believes that the proposal promotes the general purpose of the ADU program in that it would provide an additional detached above grade ADU unit to the affordable housing inventory within the City of Aspen. 2 Because the unit is detached from the duplex by about three (3) feet it provides a decent amount of privacy from the free market units. Additionally, the applicant has consented to providing an off-street parking space to be designated for the unit as can be seen in the site plan attached as Exhibit "A". Therefore, the proposal will not have an adverse affect on the on -street parking in the neighborhood. Staff has proposed a condition of approval that requires the applicant to prepare and record an amended condominium plat that clarifies that the ADU unit shall not be sold as a separate interest from one of the duplex units. Staff has requested this condition of approval because the unit is currently condominiumized as a separate free market unit and may currently be sold separately from the duplex units. In addition, the above condition of approval is needed because the applicant has proposed not to deed restrict the unit as a "for sale" affordable housing unit. Staff has also proposed a condition of approval that requires that the applicant obtain a revocable encroachment license for the roof overhang that currently encroaches approximately one (1) foot into the alley. HOUSING AUTHORITY RECOMMENDATION: The Aspen/Pitkin County Housing Authority has reviewed the proposal and recommends that the Planning and Zoning Commission approve the proposed special review application to vary the ADU design standards to waive design standard No. 6 finding that the proposed ADU meets the Housing Authority's livability requirements. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Colulnission approve with conditions, the proposed special review application to waive ADU design standard No. 6 to allow for the existing detached free market unit at 116 S. Second Street to be deed restricted as an ADU finding that the review standards have been met. RECOMMENDED MOTION(ALL MOTIONS ARE STATED IN THE POSITIVE): "I move to approve Resolution No.'WSeries of 2002, approving a special review application to waive ADU design standard no. 6 to allow for the existing detached free market unit at 116 S. Second Street to be deed restricted as an ADU finding that the review standards have been met." ATTACHMENTS: Exhibit A -- Review Criteria & Staff Findings Exhibit B -- Application & Plans Exhibit C -- Referral Comments 3 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A SPECIAL REVIEW TO VARY THE ACCESSORY DWELLING UNIT DESIGN STANDARDS TO ALLOW FOR A FREE MARKET UNIT TO BE DEED RESTRICTED AS AN ACCESSORY DWELLING UNIT AT 116 S. SECOND STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-124-24-007 Resolution No.� (Series of 2002) WHEREAS, the Community Development Department received an application from Dianna Beuttas, Deborah Hatch, and Christopher Smith, seeking a special review approval for a variance from Section 26.520.050, Accessory Dwelling Unit Design Standards to allow the applicant to deed restrict an existing free market unit as an accessory dwelling unit even though it does not conform to the dimensional requirements of the zone district in which it is located on their property located at 116 S. Second Street and described as Unit 1 of the West Side Condominiums, City and Townsite of Aspen, Colorado; and, WHEREAS, pursuant to Section 26.520.050 of the Aspen Municipal Code, Community Development Department staff reviewed the applicant's application for compliance with the Accessory Dwelling Unit Design Standards Section of the Aspen Municipal Code and found the submitted development application to be inconsistent with Review Standards pursuant to 26.520.050(4) and 26.520.050(5); and, WHEREAS, Section 26.410.020(C) of the Aspen Municipal Code provides that if an application is found by Community Development Department staff to be inconsistent with any item of the Accessory Dwelling Unit Design Guidelines, the applicant may either amend the application or appeal staff s findings to the Planning and Zoning Commission pursuant to Chapter 26.520.080, Special Review; and, WHEREAS, all applications for Special Review for variations from the ADU Design Standards of Section 26.520.050 must meet the following review standards in order for the Planning and Zoning Commission to grant a variance from the ADU design standards: a) The proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose of the zone district in which it is proposed, and promotes the units general livability; and a) The proposed ADU is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance of the property; and c) The proposed ADU is designed in a mailer which is compatible with or elfliances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of off-street parking, availability 0 of transit services, and walking proximity to employment and recreational opportunities. WHEREAS, the Community Development Director, after review of the requested variance, recommended approval of the special review to allow the applicant to vary the ADU design standards to deed restrict an existing free market unit as an accessory dwelling unit even though it does not conform to the dimensional requirements of the zone district in which it is located; and, WHEREAS, the Aspen/Pitkin County Housing Authority, after review of the requested variances, recommended approval of the special review to allow the applicant to vary the ADU design standards to deed restrict an existing free market unit as an accessory dwelling unit even though it does not conform to the dimensional requirements of the zone district in which it is located; and, WHEREAS, during a duly noticed public hearing at a regular meeting on November 5, 2002, the Planiiing and Zoning Commission, approved by a vote of to (_-_j a special review application to vary the ADU design standards to deed restrict an existing free market unit as an accessory dwelling unit even though it does not conform to the dimensional requirements of the zone district in which it is located at 116 S. Second Street, City and Townsite of Aspen; and, NOW, THEREFORE BE IT RESOLVED by the Commission: Section 1 That a special review for a variance from the ADU Design Standards to deed restrict an existing free market unit as an accessory dwelling unit even though it does not conform to the dimensional requirements of the zone district in which it is located at 116 S. Second Street, Aspen, Colorado, is approved pursuant to Land Use Code Section 26.430, Special Review with the following conditions: 1. The applicant shall prepare and record an amended condominium plat that clarifies that the ADU unit shall not be sold as a separate interest from one of the duplex units. 2. The applicant shall obtain an encroachment license from the City Engineering Department to maintain the roof overhang encroachment into the alley. 3. The applicant shall provide one additional parking space for use by the ADU unit as is represented in the application. This parking space shall be designated for the use of the occupant of the ADU on the amended condominium plat. The fencing on the north side of the parking space shall be removed to allow for the space to be used by the occupant of the ADU. 4. The applicant shall maintain their trash storage within the confines of their property as was established in their original condominium plat that was 7 recorded in the Pitkin County Clerk and Recorder's office at Book 10, Page 57. Section2: All material representations and commitments made by the applicant pursuant to the special review approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission are hereby incorporated in such approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this 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. APPROVED by the Commission at its regular meeting on November 5, 2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk 0 EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS Section 26.520.080 Special Review for ADU Design Standards The Planning and Zoning Commission may grant relief from the Accessory Dwelling Unit (ADU) Design Standards at a public hearing if the variance from the design standards is found to be consistent with the following standards: a) The proposed ADU is designed in a manner which promotes the purpose. of the ADU program, promotes the purpose of the zone district in which it is proposed, and promotes the unit's general livability; and, b) The proposed ADU is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance of the property; and, c) The proposed ADU is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of on -street parking, availability of transit services, and walking proximity to employment and recreational opportunities. In response to the review criteria for ,a variance from the ADU design standards, staff makes the following findings: a) The proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose of the zone district in which it is proposed, and promotes the unit's general livability. Staff Findino, Staff finds that the proposed special review application promotes the intent of the original ADU program. The proposed ADU functions as a completely separate dwelling unit and is detached from the duplex dwelling units on the site to provide a descent amount of privacy for the resident of the ADU unit. In addition, the proposal to deed restrict the existing free market unit as an ADU brings the parcel more into conformance with the use requirements of the R-6 Zone District in which it is located. Staff finds this criterion to be met. b) The proposed ADU is designed to be compatible with, and subordinate in character to, the primary residence considering all the dimensions, site configuration, landscaping, privacy, and historical significance of the property. M Staff Finding Staff finds that proposed ADU is subordinate in character to the duplex units on the site. In addition, the ADU unit functions as a completely separate dwelling unit and maintains a descent amount of privacy for the citizen to be housed within it because it is detached from the main residence by three (3) feet. Staff does not feel that this unit needs to brought into conformance with the setback requirements of the R-6 Zone District for it to be a quality addition to the affordable housing stock within Aspen. Staff finds this criterion to be met. c) The proposed ADU is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of off-street parking, availability of transit services, and walking proximity to employment and recreational opportunities. Staff Finding The unit that is proposed to be deed restricted as an ADU has operated as a free market unit for at least two decades. Staff does not believe that the character of the neighborhood will be negatively affected by allowing the unit to be deed restricted as an ADU unit. In fact, staff believes that proposal will enhance the character and operating characteristics of the neighborhood by providing an addition on -site parking space for the occupant of the ADU. Furthermore, the unit already exists so there will be no negative impact on surrounding view planes. Staff finds this criterion to be met. 5 v � e�x ``c MEMORANDUM TO: lames Lindt, Comrnunity Development Department FROM: Cindy Christensen, Housing Office DATE; October 22, 2002 RE: 234 W. HOPKINS/116 S. 2ND STET SPECIAL REVIEW TO VARY ADU STANDARDS Parcel M No. 2737-073-00-019 ISSUE: The applicant is requesting approval to deed restrict an existing d;tached free market unit as a voluntary ADU. The unit does not conform to the setback requirements of the zone district. BACKGROUND: According to Ordinance No. 46-2001, all ADU"s must conform to the following design standards unless otherwise approved pursuant to Section 26.520,080, Special Review: 1, An ADU must contain between 300 and 800 net livable square feet, 10% of which must be a closet or storage area, 2. An ADU must be able to function as a separate dwelling unit. This includes the following; a, An ADU must be separately accessible from the exterior, An interior entrance to the primly residence may be approved, pursuant to Special Review; b, An ADU must have separate accessible utilities. This does not include shared services; C. An ADU shall contain a ldtchen containing, at a minimum, an oven, a stove with two burners, a sink, and a refrigerator with a minimum of 6 cubic feet of capacity and a freezer; and d. An ADU shall contain a bathroom containing, at a minimum, a sink, a toilet and a shower, 3. One parking space for the ADU shall be provided on -site and shall remain available for the benefit of the ADU resident. The parking space shall not be stacked with a space for the primary residence, 4. The finished floor height(s) of the ADU shall be entirely above the natural or finished grade, whichever is higher, on all Sides of the structure. 5. The ADU shall be detached from the primary residence. An ADU located above a detached garage or storage area shall qualify as a detached ADU. No other connections to the primary residence, or portions thereof, shall qualify the ADU as detached. 6. An ADU shall be located within the dimensional requirements of the zone district in which the property is located, 7. The roof design shall prevent snow and ice from shedding upon an entrance to an ADU, If the enhance is accessed via stairs, sufficient means of preventing snow and ice from accumulating on the stairs shall be provided, 8, ADU's shall be developed in accordance with the requitements of this title which apply to residential development in general. These include, but are not limited to, the Uniform wilding OCT.22.2002 7:44AM ASPEN HOUSING OEC-- Code requirements related to adequate natural light, ventilation, fire egress, fire suppression, and sound attenuation between living units. This standard may not be varied. 9. All ADU's shall be registered with the, Housing Authority and the property shall be deed restricted in accordance with Section 26-520-070, Deed .ResMedons and Enforcement. This standard may not be varied. 10. According to Section 26-520-070, Deed Restrictions and En orcament, if the ,ADU is being used to qualify a property for a Floor Area Exemption, than the unit shall be a "For Sale" affordable housing unit and conveyed to a qualified purchaser, according to the Aspen/Pitldn County Housing Guidelines, and as they are amended from time to time RTCQ T O : Staff would recommend approval as long as the following conditions are met: 1. Conditions 1 through 9 stated above are met. 2. If the unit is being utilized for a floor area exemption, number 10 must apply and the unit will be sold through the Housing Authority, through the general lottery, at a Category 2. 3. The deed restriction shall be recorded prior to issuance of a building permit. 4. Upon completion of the unit, but prior to Certificate of Occupancy, staff will conduct an inspection of the unit for compliance, cWh\warrd\m f 9W01\Ph1111cdu12004cc 2 MEMORANDUM k TO: Planning and Zoning Commission FROM: Chris Bendon, Senior Long Range Planner RE: City of Aspen Infill Program — Continued Public Hearing DATE: November 5, 2002 SUMMARY: This meeting is the eighth substantive review meeting to consider amendments to the Land Use Code related to the Infill Report. Included, by reference, to the previous memorandum were exhibits for revised and new sections of the Land Use Code contained in a 3-ring binder. Tonight's focus will be on: Subdivision (proposed text T and existing text TT) ATTACHMENTS: Section T — Proposed Subdivision Section TT — Existing Subdivision REFERENCE MATERIALS: Proposed and Existing legislation, 3-Ring Binder (distributed 9.17.02) Infill Report (distributed 9.3.02) 1 Exhibit Chapter 26.480 SUBDIVISION Sections: 26.480.010 Purpose. 26.480.020 Applicability and prohibitions. 26.480.030 Procedures for review. 26.480.040 General Subdivision Review Standards 26.480.050 Administrative Subdivision Review standards. 26.480.060 Minor Subdivision Review standards. 26.480.070 Major Subdivision Review standards. 26.480.080 Recording a Subdivision Plat and Agreement. 26.480.090 Application Materials. 26.480.100 Amendment to subdivision development order. 2.6.480.110 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) 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 of Aspen. 26.480.020 Applicability and Prohibitions. This Chapter shall apply to the subdivision of all land in the City of Aspen. A. General prohibitions. 1. It shall be unlawful for any person to develop, lease, or sell any parcel of land, including any separate interest in a parcel of land (including leasehold interest or condominium interest) in the City of Aspen until it has been subdivided and a plat recorded in the office of the Pitkin County Clerk and Recorder pursuant to the terms of this Chapter. 2. A written agreement to sell or lease an interest in a parcel of land which is expressly conditioned upon full compliance by the seller with this Chapter within a specified period of time, and which expressly recites that seller's failure to satisfy such condition within said period of time shall terminate the agreement and entitle the buyer to the prompt return of all consideration paid by the buyer, shall not constitute a violation of this Chapter. B. Development allotment. No development order for a subdivision shall be approved pursuant to the provisions of this Chapter unless the applicant has been awarded a development allotment or has obtained a GMQS exemption pursuant to Chapter 26.470, Growth Management Quota System. Subdivisions of land zoned Affordable Housing Planned Unit Development (AH-PUD) are exempt from this prohibition. C. Prohibited conveyances. No interest in a parcel of land shall be transferred, conveyed, sold, subdivided, acquired, or 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. A conveyance shall not create or extend a nonconformity. Conveyances intended to avoid or circumvent any provision of this Chapter shall be prohibited. D. Prohibited development, All structures shall be located on a subdivision lot. Structures may not span two or more lots unless said lots have been merged or otherwise combined pursuant to this Chapter. Lots shall not be considered merged, or otherwise legally combined, by a structure spaniiing the boundary line and shall continue to be separate ownership interests unless combined pursuant to this Chapter. E. Aspen Townsite lots. If two (2) or more lots within the original Aspen Townsite or additions thereto have continuous frontage and are in single ownership (including husband and wife) on October 27, 1975, the lots shall be considered an undivided lot for the purposes of this Title, and conveyance of any portion shall constitute subdivision. An Aspen Townsite lot or addition thereto includes all lands depicted on the Aspen incorporation plat of record, dated 1880, plus any lot or parcel anriexed 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 of Aspen or Pitkin County, but excludes any subdivided lot in the City of Aspen which conforms to the requirements of this Title. 26.480.030. Procedures for review. A development application for a subdivision approval shall be reviewed pursuant to the procedures and standards in this Chapter 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 identified in Section"-*, Administrative Subdivisions. B. Minor subdivisions. The 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, identified in Section 26 "nor. This requires a one step process, as follows: Stev One — Final Review by the Citv Council -- Public Hearing. Purpose: To review recommendations by ' the Conununity Development Director and to determine if application for subdivision meets the standards for approval. Notice requirements: Requisite notice requirements for adoption of an ordinance by City Council and publication, posting, and mailing. (See 26.304.060(E)(3)(a),(b), and (c).) Standards of review: Section 26.minor City Council action: Ordinance approving, approving with conditions, or disapproving a minor subdivision plan. C. Major Subdivisions. The 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 identified in Section 26 nT9)or. This requires a two-step process, as follows: Step One — Recommendation by the Planning and Zoning Commission -- Public Hearing. Purpose: To review a recommendation by the Community Development Director and to recommend to City Council whether an application for major subdivision meets the standards for approval. Notice requirements: Publication, posting, and mailing.. (See 26.304.060(E)(3)(a),(b), and (c).) Standards of review: Section 26.major P&Z action: Resolution recommending City Council approve, approve with conditions; or disapprove a major subdivision plan. Step Two — Final Review by the City Council -- Public Hearing. Purpose: To review recommendations by the Community Development Director and the Planning and Zoning Commission and to determine if application for major subdivision meets the standards for approval. Notice requirements: Requisite notice requirements for adoption of an ordinance by City Council and publication, posting, and mailing. (See 26.304.060(E)(3)(a),(b), and (c).) Standards of review: Section 26.major City Council action: Ordinance approving, approving with conditions, or disapproving the major subdivision plan. 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. Grojvth Management Appproval.. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Section 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth, management approvals prior to development through a legal instrument acceptable to the City Attorney. B. Affordable housing. A subdivision comprised of new dwelling units, commercial, or mixed - uses shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. A subdivision comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.530, Resident Multi -Family Replacement Program. C. Improvements. A subdivision accommodating new development shall include the necessary improvements set forth at Chapter 26.580, Engineering Standards. These standards may be varied by the Planning and Zoning Commission, pursuant to Section 26.430, Special Review, 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 Conununity 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. School Land Dedication. Any subdivision accommodating new dwelling units requires compliance with the School Land Dedication Standards set forth at Chapter 26.630. A subdivision comprised of replacement dwelling units shall only be assessed the incremental increase in impact. 26.480.050 Administrative Subdivisions The following subdivisions may be approved by the Community Development Director, pursuant to the provisions of Section 26.304.040 and the standards and limitations of each type of subdivision, described below: A. Multi -Unit Development. A subdivision necessary for the development of a multi -dwelling unit building in which no new lot lines are being created may be approved by the Community Development Director if all the following standards are met: 1. The project has obtained its necessary growth management approvals, pursuant to Section 26.470 Growth Management Quota System. A subdivision comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Section 26.530, Replacement Housing Program. A subdivision 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. 2. Conformance with Section 26.480.040, General Subdivision Review Standards, is achieved and the Subdivision includes the necessary School Land Dedication or the applicant shall be assessed the applicable payment -in -lieu based upon the standards set forth at Chapter 26.630, School Lands Dedication. 3. Prior to the conveyance of individual units, each property interest shall be described on a condominium plat, approved pursuant to Section 26.480.060 Condomlmumlzatlon. 26.480.060 Minor Subdivisions The following subdivisions may be approved by the City Council, pursuant to the standards and limitations of each type of subdivision. A. Condominiumization. A subdivision necessary to define separate interests in a single property in a condominium form of ownership may be approved by the Community Development Director if all the following standards are met: 1. There is submitted a Condominium Plat describing all condominiumized units, or that portion of the development to be condominiumized, meeting the plat requirements of Section 26.580 lat. Plat Standards. 2. The act of dividing ownership interests shall not affect a change in use of the property 3. The approved Condominium Plat shall be recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Section 26.480.***Recording a Subdivision Plat and Agreement. 4. No subdivision agreement need be prepared or entered into between the applicant and the city pursuant to a condominium or condominiumization approval unless the City Council determines such an agreement is necessary. B. Lot line adjustment. Ain adjustment of a lot line between contiguous lots may be approved by the City Council if all the following standards are met: 1. It is demonstrated that the request is to correct an engineering or surveying error in a recorded plat or is to permit an insignificant boundary adjustment between adjacent parcels; and 2. The action results in the same number of parcels. Creating or eliminating parcels shall be reviewed as a Major Subdivision. 3. The proposed lot lines approximate, to the extent practical, the platting of the Original Aspen Townsite, and additions thereto, as applicable to the subject land. A deviation from the original platting lanes, which does not create an odd development pattern, may be approved to accommodate site -specific circumstances. 4. For adjustments between parcels located in different zone districts, a request to amend the Official Zone District Map has been submitted, pursuant to Section 26.310, and any Subdivision approval shall be contingent upon successful rezoning. 5. It is demonstrated that the lot line adjustment . will have a minimal effect on development rights. Insignificant changes in floor area and location of development shall be considered a minimal effect. Changes in allowable density shall not be considered minimal. Significant changes in development rights may be approved, pursuant to Major Subdivision. 6. It is demonstrated that the adjustment will not create a nonconformity. In cases where nonconformity already exists, the adjustment shall not increase the specific nonconformity. 7. A subdivision plat meeting the terms of this Chapter, and conforms to the requirements of Section 26.580.plat, is submitted and recorded in the office of the Pitkin County Clerk and Recorder. C. Standard Lot split. The split of a lot for the purpose of additional development may be approved by the City Council if all of the following standards are met: 1. The land is not located in a subdivision approved by either the Pitkin County 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 of Aspen on March 24, 1969. *, * * * * 2. The proposed lot lines approximate, to the extent practical, the platting of the Original Aspen Townsite, and additions thereto, as applicable to the subject land. A deviation from the original platting lines, which does not create an odd development pattern, may be approved to accoinrnodate site -specific circumstances. 3. All new lots conform to the requirements of the underlying zone district. * * * 4. All new lots shall be required to gain a growth management exemption pursuant to Section 26.470.070(B). A plat note shall be required. 5. There is submitted a subdivision plat which meets the terms of this Chapter, and conforms to the requirements of Section 26.580.plat, and such plat shall be recorded with the Pitkin County Clerk and Recorder. 6. In the case where an existing structure occupies a site eligible for a lot split, the structure need not be demolished prior to application for a lot split. If the lot split creates a nonconforming structure, such structure shall be subject to the limitations of Section 26.312, Nonconformities. If the lot split creates a structure spanning a parcel boundary, the City Council may grant temporary relief such that in no circumstance may the structure continue its existence beyond commencement of development on either parcel. Plat notes shall be used to stipulate these requirements. D. Historic Landmark Lot Split. The split of a lot that is a designated Historic Landmark for the purpose of additional development may be approved by the City Council, after a recommendation by the Historic Preservation Commission, pursuant o Section 26,415.110 (A) Historic Landmark Lot Split, if all of the following standards are met: (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, or O zone district. (b) The proposed lot lines approximate, to the extent practical, the platting of the Original Aspen Townsite, and additions. thereto, as applicable to the subject land. A deviation from the original platting lines, which does not create an odd development pattern, may be approved to accommodate site -specific circumstances. (c) All new lots conform to the requirements of the underlying zone district. Variances may be granted, pursuant to Section 26.415.120(B)(1)(a),(b), and (c). (d) Development on the new parcels shall be fully exempt from the provisions of Growth Management, Section, 26.470 C©uld moveYtus t© GlUIQ (e) There is submitted a subdivision plat which meets the terms of this Chapter, and conforms to the requirements of Section 26.580.plat, and such plat shall be recorded with the Pitkin County Clerk and Recorder. (f) In the case where an existing structure occupies a site eligible for a lot split, the structure need not be demolished prior to application for a lot split. If the lot split creates a nonconforming structure, such structure shall be subject to the limitations of Section 26.312, Nonconformities. The Historic Preservation Commission may approve variances, pursuant to Section 26.415.120(B)(1)(a), (b), and (c). If the lot split creates a structure spanning a parcel boundary, the City Council may grant temporary relief such that in no circumstance may the structure continue its existence beyond commencement of development on either parcel. Plat notes shall be used to stipulate these requirements. (b) 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 similar 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 Lot Split Plat. Any Floor Area bonus granted by the Historic Preservation Commission may be allocated to each individual parcel and shall also be noted on the plat. In the Office zone district, the following shall apply to the calculation of maximum floor area for lots created through the historic landmark lot split. Note that the total FAR shall not be stated on the Subdivision Exemption Plat because the floor area will be affected by the use established on the property: If all buildings on what was the fathering parcel remain wholly residential in use, the maximum floor area will be as stated in the R-6 zone district. If any portion of a building on a lot created by the historic landmark lot split is in commercial/office use, then the allowed floor area for that lot shall be the floor area allowed for all uses other than residential in the zone district. If the adjacent parcel created by the lot split remains wholly in residential use, then the floor area on that parcel shall be limited to the maximum allowed on a lot of its size for residential use according to the R-6 standards. If there is commercial/office use on both newly created lots, the maximum floor area for all uses other than residential in the zone district will be applied. 26.480.070 Major Subdivisions All subdivisions not defined as administrative or minor subdivision require review by the Plaiuling and Zoning Commission and approval by the City Council. A ma. or subdivision may be approved based upon conformance with the following standards: 1. The proposed subdivision shall be consistent with the Aspen Area Community Plan. 2. The proposed subdivision shall be compatible 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. 5 The proposed subdivision avoids 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 will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. 6. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities or unnecessary public costs. 7. All new lots conform to the requirements of the underlying zone district. 8. A subdivision plat meeting the terms of this Chapter, and conforming to the requirements of Section 26.580.plat, shall be submitted and recorded in the office of the Pitkin County Clerk and Recorder. 9. A subdivision agreement meeting the terms of this Chapter, and conforming to the requirements of this Section, shall be submitted and recorded in the office of the Pitkin County Clerk and Recorder. 10. In the case where an existing structure occupies the site, the structure need not be demolished prior to application for a subdivision. If the subdivision creates a nonconforming structure, the City Council may allow such structure to continue, subject to the limitations of Section 26.312, Nonconformities. If the subdivision creates a structure spanning a parcel boundary, the City Council may be grant temporary relief such that the structure may continue until development of one. of the affected parcels. Plat notes shall be used to stipulate these requirements. 26.480.080 Recording a Subdivision Plat and Agreement. A. General. Unless otherwise specified by the authority granting final approval of a Subdivision development plan, all necessary documents, as applicable, shall be recorded within one - hundred -and -eighty (180) days of the final approval date unless an extension or waiver is granted by the Community Development Director for a showing of good cause. Failure to file these documents within this time period .shall render null and void the approval of a subdivision and shall require reconsideration of the subdivision plan and agreement, pursuant to the procedures for approving such a subdivision, before its acceptance and recording. The one hundred eighty (180) day recordation requirement shall not apply to the recording of condominium maps, or declarations or any other documents required to accomplish a condominiumization in the City of Aspen. The final development plan, which shall consist, as applicable, of final plats, drawings, infrastructure improvement specifications, and agreements as described below shall be recorded in the office of the Pitkin County Clerk and Recorder, and shall be binding upon the property. Development of the property shall be limited to the uses, density, configuration, and all other elements and conditions sef forth on the final subdivision plat and subdivision agreement. B. Subdivision Plat. Unless- otherwise specified by the approval authority, the Subdivision plat for recording shall include the following: 1. Final Plat, meeting the requirements of Section 26.580 Flat req. The plat shall reference the supporting subdivision agreement documents, including reception numbers. 2. Utility and Public Facilities Plan with complete engineering plans and specifications for all public infrastructure 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. 3. Landscape Plan. 4. Grading and Drainage Plan. (Engineering standard?) C. Subdivision Agreement. Unless otherwise specified by the authority granting final approval of a Subdivision development plan, the applicant and City shall enter into an agreement binding the subdivision to any conditions placed on the development order and shall, at a minimum, outline obligations related to the following: 1. Common park and recreation areas. The subdivision agreement shall outline any agreement on the part of the applicant, to deed to each lot or dwelling unit owner within the subdivision, an undivided interest in all common park and recreations areas, together with a deed restriction against future residential, commercial, or industrial development. 2. Landscape guarantee. The subdivision agreement shall outline provisions to ensure successful implementation and maintenance of the approved landscape plan. In order to ensure implementation and maintenance of the landscape plan, the City 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 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 conurlitment 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 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%) which shall be witl-Aield until all proposed improvements are completed and approved, and an additional twenty-five percent (25%), shall be retained until the improvements have been maintained in a satisfactory condition for two (2) years. 3. Public facilities guarantee. In order to ensure installation of necessary public facilities plamied to accommodate the development, the City 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 Section 26*****(2) above, and may be drawn upon by the City as therein specified. 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 that ten percent (10%) which shall be withheld until all proposed improvements are completed and approved. D. Recordation. The subdivision plat and agreement shall be recorded in the office of the Pitkin County Clerk and Recorder. 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. 26.480.090 Application Materials. The contents of a development application for a subdivision plan shall include the following: 1. The general application information required in Common Procedures, Section 26.304. 2. A Site Improvement Survey depicting: a) Existing natural and man-made site features. b) Existing topography and categorization of site slopes falling within the following thresholds: Zero to ten percent (0 — 10%), eleven to twenty percent (11 — 20%), twenty- one to thirty percent (21 — 30%), and greater than thirty percent (> 30%). Topography shall be shown at two -foot contours with five-foot contours on lands greater than thirty percent (30%) slope. .c) All legal easements and restrictions. 3. Site data tabulation listing acreage of land in the proposed subdivision; area of land within each slope classification; the number, type and typical size of lots, structures and/or dwelling units; number of bedrooms per dwelling unit; ground coverage of proposed structures; and, extent of improvements including parking areas, streets, sidewalks, open space and similar improvement intended for common use. 4. A detailed description of the proposed subdivision plan including a statement of the objectives to be achieved and a description of the proposed land uses, densities, natural features, traffic and pedestrian circulation, off-street parking, open space areas, areas of common interest, infrastructure improvements, and site drainage. 5. 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. 6. A landscape plan depicting: a) The type, location, and size of all existing plant materials and other landscape features. b) The proposed method of protecting vegetation through construction. c) The type and location of all proposed plant materials, other landscape features, proposed treatment of ground surfaces and erosion control, and a plant material schedule with common and botanical names, sizes, and quantities. 7. A statement specifying the public facilities that will be needed to accommodate the proposed development, and what specific assurances will be made to ensure the public facilities will be available to accommodate the proposed development. 8. A statement specifying the method of maintaining any proposed common areas on the site, including but not limited to common parking areas, walkways, landscaped areas, and recreational facilities, and what specific assurances will be made to ensure the continual maintenance of said areas. 9. A description of any proposed project phasing detailing the specific improvements proposed for each phase. 10. Such other information as may be required by the plaiuling 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. 11. A written response to each of the Subdivision Review Criteria contained in Section 26. * *review criteria. 12. A proposed plat which depicts the applicable information required by Section 26.580.plat 13. A proposed subdivision agreement. 26.480.100 Amendment to subdivision development order. A. Insubstantial amendment. An insubstantial amendment to an approved subdivision development order may be authorized by the Community Development Director. An insubstantial amendment shall be limited to technical or engineering considerations, or any other minor change to a plat, discovered prior to or during actual development which could not reasonably be anticipated during the approval process and which the Conlnlunity Development Director finds has no effect on the approved subdivision. The Conllnunity Development Director shall determine the appropriate process to record the amendment. B. Other Amendment. All other amendments shall be subject to review as a new application for subdivision, pursuant to the procedures of this Chapter. C. Plat vacation. Vacation of an approved plat or any other document recorded in conjunction with a plat shall be considered a plat amendment, subject to . the standards and processes of this Chapter, and shall only be approved by the City if good cause is demonstrated. D. 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 approval of City Council, through adoption of an Ordinance. 26.480.110 Appeals. An applicant aggrieved by a determination made. by the Community Development Director regarding an administrative subdivision application may appeal the decision to the City Council, pursuant to the procedures and standards of Section 26.316, Appeals. Sub Definition: Subdivision. The process, act, or result of dividing land into two or more lots, parcels, or other units of land or separate legal interests,. for the purpose of transfer of ownership, creating a condominium interest, creating a common interest community, creating a leasehold interest of a portion of a parcel, or for the purpose of creating or altering streets or rights -of -way. Subdivision shall also include the realignment, alteration or elimination of any lot line, property boundary, or other boundary defining legal interest, established by and/or reflected on a plat or deed recorded in the office of the Clerk and County Recorder for Pitkin County. Subdivision shall also include the creation of apartments, any other multiple dwelling units, and the creation of timeshare dwelling units, timeshare lodge units, exempt timeshare units, fractional fee units, or time -span estates. 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 ofinterest 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. (g) Which creates an undivided leasehold interest of an entire parcel of land. (h) Which creates a leasehold interest in a portion of a parcel for a period of forty (40) years or less. (i) Which creates a transferable development right, pursuant to Section 26.535 Exhibit Existing Subdivision Chapter 26.480 SUBDIVISION Sections: 26.480.010 Purpose. 26.480.020 Applicability and prohibitions. 26.480.030 Exemptions. 26.480.040 Procedures for review. 26.480.050 Review standards. 26.480.060 Application. -26.480.070 Subdivision agreement. 26.480.080 Amendment to subdivision development order. 26.480.090 Condominiumization. 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 of Aspen. 26.480.020 Applicability and prohibitions. This Chapter shall apply to the subdivision of all land in the City of Aspen, unless it is exempted pursuant to Section 26.480.030. A. General prohibitions. 1. It shall be unlawful for any person to develop, lease, or sell any parcel of land, including any separate interest in a parcel of land (including leasehold interest or condominium interest) in the City of Aspen until it has been subdivided and a plat recorded in the office of the Pitkin County Clerk and Recorder pursuant to the terms of this Chapter. 2. A written agreement to sell or lease an interest in a parcel of land which is expressly conditioned upon full compliance by the seller with this Chapter within a specified period of time, and which expressly recites that seller's failure to satisfy such condition within said period of time shall terminate the agreement and entitle the buyer to the prompt return of all consideration paid by the buyer, shall not constitute a violation of this Chapter. B. Development allotment. No development order for a subdivision shall be approved pursuant to the provisions of this Chapter unless the applicant has been awarded a development allotment or has obtained a GMQS exemption pursuant to Chapter 26.470, Growth Management Quota System. C. Prohibited conveyances. No interest in a parcel of land shall be transferred, conveyed, sold, subdivided or acquired to create or extend a nonconformity, or to avoid or circumvent any provision of this Chapter. D. Prohibited development. All structures shall be located on a subdivision lot. The lot lines established in a subdivision shall not be altered by conveyance of a part of a lot, nor shall any part of a lot be joined with a part of any other lot for conveyance or construction, unless the application has been made pursuant to the terms of this Chapter. E. Aspen Townsite lots. If two (2) or more lots within the original Aspen Townsite or additions thereto have continuous frontage and are in single ownership (including husband and wife) on October 27, 1975, the lots shall be considered an undivided lot for the purposes of this Title, and conveyance of any portion shall constitute subdivision. An Aspen Townsite lot or addition thereto includes 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 of Aspen or Pitkin County, but excludes any subdivided lot in the City of Aspen which conforms to the requirements of this Title. 26.480.030 Exemptions. The following development shall be exempted from the terms of this Chapter: A. General exemptions. 1. Lot line adjustment. Ali adjustment of a lot line between contiguous lots if all the following conditions are met: a. It is demonstrated that the request is to correct an engineering or surveying error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels; and b. All landowners whose lot lines are being adjusted shall provide written consent to the application; and C. The corrected plat will meet the standards of this Chapter, and conform to the requirements of this Title, including the dimensional requirements of the zone district in which the lots are located, except in cases of an existing nonconforming lot, in which the adjustment shall not increase the nonconformity of the lot. The plat shall be submitted and recorded in the office of the Pitkin 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. 2. Lot split. The split of a lot for the purpose of the development of one detached single- family dwelling 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 Pitkin County 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 of Aspen on March 24, 1969. 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 Section 26.100.050(A)(2)(c). 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 Section 26.470.040 (C)(1)(a). 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 Pitkin 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 Pitkin 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 single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. g. Maximum potential buildout 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 re -subdivided into smaller lots, condominium units, or multi -family dwellings. 4. Historic Landmark Lot Split. The split of a lot that is a designated historic landmark for the development of one new single-family dwelling. The Historic Landmark Lot Split shall meet the requirements of section 26.88.030(A)(2), section 26.100.050(A)(2)(e), section. 26.72.010(G) of this Code, and the following standards: a. The original parcel shall be a minimum of nine thousand (9,000) square feet in size and be located in the R-6 zone district or a minimum of thirteen thousand (13,000) square feet and be located in the R-15A zone district. b. The total FAR for both residences shall not exceed the floor area allowed for a duplex on the original parcel. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. C. The proposed development meets all dimensional requirements of the underlying zone district. HPC variances and bonuses are only permitted on the parcel that contains a historic structure. 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. After an application for a lot line adjustment 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 26.304.060(E)(3)(a),(b) and (c).) 3. Standards of reyie���: 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. Pu7Pose: To determine if application meets standards for subdivision. b. Notice requ.ire»zents: Publication, posting and mailing. (See 26.52.060(E)). 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: None, except requisite notice requirements for adoption of an ordinance by City Council. C. Standards of review: Section 26.480.050. d. Cite Council action: Ordinance approving, approving with conditions, or disapproving subdivision. 26.480.050 Review Standards. A development application for subdivision review shall comply with the following standards and requirements: A. ` General requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. b. ' The proposed subdivision shall be consistent with the character of existing land uses in the area. C. The proposed subdivision shall not adversely affect the future development of surrounding areas. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. B . Su.itabilio� of land for subdivision. a. Land suitabilio). The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unriecessary 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 26.630. 26.480.060 Application. A. Review by the Planning and Zoning 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 26.3 04.03 0. 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 uThether 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 Pitkin County, Colorado. 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 (10) percent, and five-foot intervals where the slope is ten (10) percent or greater, and the designation of all areas with slope greater than thirty (30) percent. e. The location and dimensions of all existing streets, alleys, easements, drainage areas, irrigation ditches, public and private utilities, and other significant maninade or natural features within or adjacent to the proposed subdivision. 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 1/2) 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 Section 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 VA7111 service the proposed subdivision with gas, electricity, telephones,. sanitary sewer, water, and fire protection facilities stating they can service the proposed subdivision. 4. GIS Data. All subdivision applications shall submit the requirements specified in section 26.480.040(C) and section 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 Cormnission 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 1 /2) inches on the left hand side of the sheet and a one-half (1 /2) 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. 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 Colorado Revised Statutes 1973, Title 38, Article 51, 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 Pitkin County Clerk and Recorder. 8. Cornplete 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 Colorado Revised Statutes 1973, Title 38, Article 53, 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. 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. Commonn 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 c uarantee. 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 (125) percent of the current estimated cost of the landscaping improvements in the approved landscape plan, as estimated by the City 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 (10) percent shall be witl-l7eld until all proposed improvements are completed and approved, and an additional twenty-five (25) percent, 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 (100) percent of the current estimated cost of such public improvements, as estimated by the City Engineer. The guarantee shall be in the form specified in Section 26.480.050(c) 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 (10) percent 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 Pitkin 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 and reconsideration and approval of the plat by the Planning and Zoning Commission and City Council will be required before its acceptance and recording, unless an extension or waiver is granted by City Council for a showing of good cause. 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 of Aspen. 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 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. 26.480.090 Condominiumization. A. 'Genei*aL 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 Cominunity 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 pursuant to the procedures and standards in this section and Common Development Review Procedures set forth at Chapter 26.304. 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 (1-1/2) inches on the left hand side of the sheet and a one-half (1/2) 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 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, are 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 Colorado Revised Statutes 1973, Title 38, Article, 51, 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 Pitkin County Clerk and Recorder. (9) Copies of any monument records required of the land surveyor in accordance with Colorado Revised Statutes 1973, Title 38, Article 53, as amended from time to time. 2. Rec07-dation. The approved condominium subdivision plat shall be recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of its approval by the Comiriunity 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. 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.