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RECORD OF PROCEEDINGS
1 nn T.~aVIllA
ORDINANCE NO. L
(Series of 1986)
AN ORDINANCE OF THE ASPEN CITY COONCIL REPEALING AND
REERAcrING SEcrION 24-11.2 (d) TO CHANGE THE ELIGIBILrry
REQUIREMENTS FOR THE GROWTH MNAGEMENT PLAN EXEMPl'ION
FOR LOT SPLrrS
WHEREAS, the Ci ty Council of Aspen, Colorado (hereinafter
"Council") deems it to be in the best interests of the City of
Aspen to amend Section 24-ll.2(d)(1) of the l>1unicipal Code to
allow for a growth management plan exemption for the purpose of
lot splits of undeveloped combinations of townsites lots but to
exclude approved subdivisions from eligibility for this growth
management plan exem{t:ion; and
WHEREAS, Council has made the following findings with regard
to said Code amendment:
1. The splitting of merged lots in the original townsite
and subsequent additions has minimal growth and
development impacts. Permitting a GMP exemp:ion for
this activity provides a pressure relief valve from the
merger provisions of the Code. However, requiring a
pre-exi sting unit on the lot before it can be split may
cause speculative development simply to gain the
eligibility to create the second lot and is therefore
undesi reabl e.
2. In-fill ing of existing residential neighborhoods that
may result from this Code amendment is generally
desireable from the standpoints of available service,
efficient land utilization, and property taxation.
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RECORD OF PROCEEDINGS
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3. The number of potential lot splits in newer subdivi-
sions is greater than the potential in the older part
of the City and could entail significant growth and
development impact s.
4. Neighbors should be able to rely on the assum{t:ion that
large subdivision lots zoned for more than one unit
will not be resubdivided without undergoing the full
GfolP and subdivision process to better address develop-
ment impact s.
WHEREAS, having received and considered the recommendations
of the Aspen Planning and Zoning Commission (hereinafter "Commis-
sion"), Council desires to amend Section 24-ll.2(d)(1); and
NOW, THEREFORE, BE rr ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That Section 24-ll.2(d) of the Municipal Code of the City of
Aspen, Colorado, be repealed and re-enacted to read as follows:
(new language is in bold, old language is crossed out)
(d) The construction of one single-family residence on a
lot formed by a lot split granted subsequent to
November 14, 1977, where the following conditions are
met:
(1) The tract of land is not located in a subdivision
approved by ei ther the Board of County Commi s-
sioners or City Council; or the tract of land is
described as a metes and bounds parcel which has
not been subdivided after the adoption of subdivi-
sion regulations by the City of Aspen on March 24,
2
RECORD OF PROCEEDINGS
1 nn T.llla V III A
1 969 . Any t r act 0 f 1 and g ran t e d a s u bd i vis ion
exemption by the City Council after January 1,
1984, shall be eligibile for a lot split GMP
exemption if all other applicable Code provisions
are satisfied;
(2) No more than two (2) lots were created by the
subdivi sion;
(3) The lot under consideration, or any part thereof,
was not previously the SUbject of an exemption
under the provisions of this section or a "lot
split" exception or exemption pursuant to Section
20-19.
(4) A subdivision plat is submitted and recorded by
the applicant after City approval indicating that
no further subdivision may be granted for these
lots nor additional units be built without receipt
of applicable approvals pursuant to Chapter 20 and
an allocation pursuant to Section 24-11.1.
(5) The application was reviewed by the City Council
at a public hearing held pursuant to the standards
of Sections 24-12.5 (c) (1) and (2).
Sect ion 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, di stinct and independent
provision and such holding shall not affect the validity of the
remaining portions thereof.
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RECORD OF PROCEEDIR;S
1 nn T.lllaVIllA
Section 3
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A public hearing on the Ordinance shall be held on the Ie?
7h~,
, 198~, at 5:00 P.M. in the
day of
Community Center, at Lone Pine and Red Mountain Roads, Aspen,
Colorado.
INrRODUCED, READ AND ORDERED published as provided by law by
the City Council of the City of Aspen on the It) day of
~J-' 198~. ~ <~
William L. Stirling, Mayor
4~
Clerk
FINALLY adopted, passed and approved on this
~~ , 198~.
o/-U
ICJ day of
ATT EST :
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SB . 9 : j 1 r
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