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HomeMy WebLinkAboutordinance.council.016-83 RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. re, (Series of 1983) AN ORDINANCE AMENDING SECTION 20-19 OF THE MUNICIPAL CODE OF THE CITY OF'ASPEN, COLORADO (PERTAINING TO EXCEPTIONS AND EXEMPTIONS FROM THE SUBDIVISION REGULATIONS) BY REPEALING SUBSECTION (b) AND THE LAST UNNUMBERED PARAGRAPH OF SECTION 20-19 AND REENACTING SUB- SECTION (b) AND ADDING NEW SUBSECTIONS (c) AND (d) SO AS TO AUTH- ORIZE THE CITY COUNCIL TO EXPEDITE REVIEW AND APPROVAL OF SUBDIVI- SION APPLICATIONS WHEN APPROPRIATE UNDER THE CIRCUMSTANCES BY GRANTING, AS THE CASE MAY BE, EXEMPTIONS FROM THE DEFINITION OF SUBDIVISION OR EXCEPTIONS FROM SUBDIVISION REQUIREMENTS WITHOUT THE NECESSITY OF OBTAINING THE PRIOR RECOMMENDATION OF THE PLAN- NING AND ZONING COMMISSION WHEREAS, the City Council of the City of Aspen has deemed it to be in the best interest of the City that the processing of sub- division applications be simplified in cases where there appears to be an unnecessary redundancy in multiple review steps as cur- rently required, and/, WHEREAS, the ~ity Council, through the City Planning Direc- tor, has requested tha~ Planning and Zoning Commission study ways that the Municipal Code may be amended so as to avoid un- necessary redundancy and permit expedited review of subdivision applications when justified under the circumstances, and WHEREAS, at a public hearing on February 22, 1983, the Aspen Planning and Zoning Commission considered various ways of reducing the number of use steps associated with certain types of land use applications and has forwarded its recommendations to the City Council in the form of Planning and Zoning Commission Resolution No. 83-1, and WHEREAS, having considered the recommendations of the Plan- ning and Zoning Commission, the City Council desires to make amendments to Section 20-19 of the Municipal Code of the City of Aspen as set forth below, so as to delete the requirement of Plan- ning and Zoning Commission in acting upon applications for exemp- tions from the definition of subdivision and also to authorize the RECORD OF PROCEEDINGS 100 Leaves City Council to grant exceptions from certain standards and requirements of the subdivision regulations and final approval without necessity of obtaining the prior recommendation of the Planning and Zoning Commission when, in the opinion of the City Council, additional review steps or standards would be redundant, serve no public purpose and be deemed to be otherwise unnecessary in relation to the land use policies and regulations of the City of Aspen under the circumstances of the applicant. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 20-19 of the Municipal Code of the City of Aspen be and the same is hereby amended by repealing subsection (b) and the last unnumbered~5~ragraph beginning with the words "no such exception or exem~t~pn shall be granted" and ending with the words "resolution duly adopted , and that subsection (b) of Section 20- 19 be reenacted to read as follows: "(b) The City Council may exempt a particular division of -land from the definition of a subdivision set forth in Section 20-3(s), when, in the judgment of the City Coun- cil, such division of land is not within the intent and purpose of this chapter. Prior to the granting of any such exemption, the City Council may request a recom- mendation from the Planning and Zoning Commission." and the addition of a new subsection (c) and subsection (d) to Section 20-19 to read as follows: "(c) The City Council may grant exceptions from the applica- tion of the standards or requirements of this chapter and grant final subdivision approval when the City Coun- cil, in its sole discretion and judgment, deems certain requirements to be redundant, serve no public purpose and to be unnecessary in relation to the land use poli- cies of the City of Aspen under the facts and circum- stances presented and, notwithstanding the exception, finds that the proposed subdivision will substantially comply with the design standards of this chapter. In cases where a public hearing is required prior to the granting of any final approval, the City Council may choose to conduct the public hearing itself or refer the application to the Planning and Zoning Commission or a hearing officer. Prior to the granting of any such exception, the City Council may request a recommendation from the Planning and Zoning Commission. RECORD OF PROCEEDINGS 100 Leaves (d) No such exemption or exception shall be granted unless a written application therefor has been submitted to the appropriate body, which application shall be verified by the applicant and shall specify in detail the reason such exemption or exception, as the case may be, is justified under the circumstances. The grounds for the granting of an exception or exemption shall be stated for the record and such exception or exemption shall only be granted by formal motion or resolution duly adopted." Section 2 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 5 A public heari,rig on the ordinance shall be held on the ~'-- of ~ .... ~ , 1983, at 5:00 P.M. in day the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen on the //~--~ay of ~ , 1983. Herman Edel, Mayor ATTEST: Kathryn S. ~66~, City Cler~ FINALLY adopted, passed and approved on this ~-- day of ~'/ , 1983. ~.: Herman Edel, Mayor ~TTEST: : ch} City Clerk RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ) ss CERTIFICATE COUNTY OF PITKIN ) I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on ~ reading at a regular meeting of the City Council of the City of Aspen on ~ // , 19 ~ , and published in the Aspen Times a weekly newspaper of general circulation published in the City of Aspen, Colorado, in its issue of ~ /~ , 19~%~ , and was finally adopted and approved at a regular meeting of the City Council on ~~ ~. ~ , 19 ~., and ordered published as Ordinance No. /~ , Series of 19 ~_J , of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado this J~ day Kathryn S~/~och, City Cler- S E £~L Deputy City Clerk