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HomeMy WebLinkAboutordinance.council.034-03ORDINANCE NO. 34 (SERIES OF 2003) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING AN · --~, '~LnViVL~K~ LO'I' SPLITS ON DESIGNATED PARCELS LOCATED WITHIN SUBDIVISIONS. WHEREAS, the City Council and the Planning and Zoning Commission of the City of Aspen directed the Planning Director of the Community Development Department to propose amendments to the Land Use Code related to the Infill Report, a report developed by a city- commissioned advisory group, the Infill Advisory Group, pursuant to sections 26.208 and 26.212; 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 Community Development 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 Community Development Director recommended approval of the proposed amendments, as described herein; and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed amendments to the above noted Chapter (and other Chapters and Sections retated to the Infill Report) on September 3, 2002, continued to September 17, 2002, continued to September 24, 2002, continued to October 1, 2002, continued to October 8, 2002, continued to October 15, 2002, continued to October 22, 2002, continued to October 29, 2002, continued to November 5, 2002, continued to November 12, 2002, continued to November 19, 2002, continued to November 26, 2002, continued to December 10, 2002, and continued to December 17, 2002, took and considered public testimony at each of the aforementioned heanng dates and the recommendation of the Community Development Director and recommended, by a five to one (5-1) vote, City Council adopt the proposed amendment to the land use code by amending the text of the above noted Chapter, as described herein; and, WHEREAS, the Aspen City Council has reviewed and considered the recommended changes to the Land Use Code under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the proposed text amendments to the Land Use Code meet or exceed all applicable standards and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Section 26.480.030(A)(2), Lot Split, which section describes criteria applicable to allow the division of land as a subdivision action exempt from certain provisions of Chapter 26.480~ shall read as follows: 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. This restriction shall not apply to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures. 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 26.470.070(B). 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. Section 2: This Ordinance 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 3: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4: A public hearing on the Ordinance shall be held on the 14th day of July, 2003, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City 0fAspen on the 23rd day of June, 2003. Attest: FINALLY adopted passed and approved this 14th day of July 2003. Attest: