Loading...
HomeMy WebLinkAboutordinance.council.050-07~~ > ~ ~~ ~~G~f~~^~,y~ ORDINANCE N0.50 `-/~~~7`~-~~ (Series of 2007) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 26.480.030 OF THE ASPEN MUNICIPAL CODE, SUBDIVISION EXEMPTIONS WHEREAS, the amendments requested relate to the following Chapter and Section of the Land Use Code, Title 26 of the Aspen Municipal Code: 26.480.030 -Subdivision Exemptions 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 afrer 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 held a public hearing to consider the proposed amendments to the above noted Chapter and Section on October 16, 2007, took and considered public testimony and the recommendation of the Community Development Director and recommended, by a 7-0 vote, City Council adopt the proposed amendments to the land use code by amending the text of the above note Chapters and Sections of the Land Use Code, as described herein; and WHEREAS, the amendments to the Land Use Code are delineated as follows: •Text being removed is bold red and strikethrough. Test v°'°° -°---°-~°a ~°°~•° 'c~„~;s •Text being added is bold green and underline. Text beine added looks like this. • Text which is not highlighted is not affected. 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, THAT: Section 1: Pursuant to Section 26.310 of the Municipal Code, the Section 26.480.030.A.2 - Subdivision Exemptions, shall be amended to add and delete the following: 2. Lot split. The split of a lot for the purpose of creating one (1) additional development parcel 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 afer 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. 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 26.470.060. 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. £ In the case where an existing building occupies a site which is eligible for a lot split, the building need not be demolished prior to application for a lot split. g. Maximum potential residential 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: 4. Historic Landmazk Lot Split. The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and Structures for the purpose of creating one (1) additional development parcel. The Historic Landmark Lot Split shall meet the requirements of section 26.480.030(A)(2) and (4), and section 26.415.110(A) of this code, and the following standards: 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-1 SA, RMF, or MU zone district. b. The total FAR for each new lot shall be established by dividing the allowable floor area for a duplex or two detached residences on the fathering parcel according to the zone district where the property is located. The total FAR for each single family and duplex residential development on each new lot shall be noted on the Subdivision Exemption Plat. When the property is redeveloped with any allowed uses other than single family or duplex residential, refer to the zone district for allowable FAR on each lot. c. The proposed development meets all dimensional requirements of the underlying zone district. The vaziances provided in section 26.415.120(B)(1)(a),(b), and (c) are only permitted on the parcels that contain a historic structure. Only one (1) FAR bonus of up to 500 square feet may be granted, allocated between the newly created parcels in a manner approved by HPC. Section 3. Severability. 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. Existine Lineation. This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 5: A public heazing on the ordinance was held on the 24th day of March, 2008, 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 of Aspen on the 26th day of November, 2007. ATTEST: Michael C. Ireland, Mayor Kathryn Koch, City Clerk FINALLY, adopted, passed and approved this day of , 2007. ATTEST: Michael C. Ireland, Mayor Kathryn Koch, City Clerk APPROVED AS TO FORM: John Worcester, City Attorney