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Home My WebLink Aboutresolution.apz.044-01 RESOLUTION NO. 44 (SERIES OF 2001) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, RECOMMENDING ~ENDMENTS TO THE SUBDIVISION STANDARDS AND PROHIBITIONS, SECTIONS 26.480.020 AND 26.480.050 OF THE LAND USE CODE. WHEREAS, the City Council and the Planning and Zoning Commission of the City of Aspen directed the Planning Director of the Co~mnunity Development Department to propose amendments to the Subdivision standards to allow for the subdivision of land prior to obtaining growth management allotments or exemptions for the purpose of creating land for future affordable housing projects consistent with the Affordable Housing-Planned Unit Development Zone District; and, WHEREAS, the amendments requested relate to Sections 26.480.020 and 26.480.050 of the land use code of the Aspen Municipal Code; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Planning Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Planning Director rcco~ended approval of amendments to Sections 26.480~020 and 26.4801050 0fthe land use code of the Aspen Municipal Code as described herein; and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed amendments to the Subdivision requirements on November 6, 2001, took and considered public testimony and the recommendation of the Planning Director and recommended, by a six to unc (6-1) vote, City Council adopt the proposed amendments to the land use code by amending the text of Sections 26.480.020 and 26.480.050 of the land use code of the Aspen Municipal Code as described herein. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COL0~O~ THAT: Section 1: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.480.020, Subdivision Applicability and Prohibitions, which section defines, authorizes, and regulates the types of land use actions requiring subdivision approval and those actions which may not be approved as a subdivision, by striking and adding, denoted by st~ke and add, language to the Land Use Code as follows: 26.480.020 Applicability and prOhibitions. This Chapter shall applY to the subdivision of all land in the City of Aspen, unless it is exempted pursuant to Section 26.480.030. A. General prohibitions. 1. It shall be unlawful for any person to develop, lease, or sell any parcel of land, including any separate interest in a parcel of land (including leasehold interest or condominium interest) in the City of Aspen until it has been subdivided and a plat recorded in the office of the Pitkin County Clerk and Recorder pursuant to the terms of this Chapter. 2. A written agreement to sell or lease an interest in a parcel of land which is expressly conditioned upon full compliance by the seller with this Chapter within a specified period of time, and which expressly recites that seller's failure to satisfy such condition within said period of time shall terminate the agreement and entitle the buyer to the prompt remm of all consideration paid by the buyer, shall not constitute a violation of this Chapter. B. Development allotment No development order for a subdivision shall be approved pursuant to the provisions of this Chapter unless the applicant has been awarded a development allotment or has obtained a GMQS exemption pursuant to Chapter 26.470, Growth Management Quota System. Subdivisions of land zoned Affordable Housing Planned Unit Development (AH-PUD) are exempt from this prohibition. C. Prohibited conveyances. No interest in a parcel of land shall be transferred, conveyed, sold, subdivided or acquired to create or extend a nonconformity, or to avoid or circumvent any provision of this Chapter. D. Prohibited development. All structures shall be located on a subdivision lot. The lot lines established in a subdivision shall not,be a~emd 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 fr0.ntage and are in single ownerstfip (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. Planning and Zoning Commission Resolution 44, Series of 2001 Page 2 Section 2: pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoff~ng Commission hereby recommends City Council amend Section 26.480.050, Subdivision Review Standards, which Section defines the standards and criteria which must be found met for approval of a subdivision, by striking and adding, den°ted by St~ke and add~ i~age ~ ~e Ed Use Code as follows: 26.480.050 Review Standards. A development application for subdivision review shall comply with the following standards and requirements: A. General requirements. a.The proposed subdivision shall be consistent with the Aspen Area Comprehensive ?lan. b.The proposed subdivision shall be consistent with the character of existing land uses in the area. c. The proposed subdivision shall not adversely affect the future development of surrounding areas. d.The proposed subdivision shall be in compliance with all applicable requirements of this Title. B. Suitability of land for subdivision. a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. Planning and Zoning Commission Resolution 44, Series of 2001 Page 3 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. ~4ffordable 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. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. F. Growth Management ~4pproval. 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, Section 3: Pursuant to Section 26.310.050 of the Municipal Code, the adoption of this resolution by the Planning and Zoning Commission Shall not be considered a pending ordinance. APPROVED by the Commission during a public heating on November 6, 2001. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney 'q Jasmine Tygre, Chair ~ (..) ATTEST: an, Deputy City Clerk i C:~home\Chfis\CASES~Sub no GMQS~PZ Reso.doc Planning and Zoning Commission Resolution 44, Series of 2001 Page 4