HomeMy WebLinkAboutordinance.council.053-93
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ORDINANCE NO. 53
(SERIES OF 1993)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, AMENDI~G
CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, TO PROVIDE
THAT SECTION 7-1007, "CONDOMINIUMIZATION", SHALL BE REVISED TO
DELETE HOUSING IMPACT FEES AND TO REVISE THE "PURPOSE" SECTIONS OF
THE R-6, R-15, R-15A, R-15B, R-30 AND RR ZONE DISTRICTS TO INCLUDE
THE PHRASE "LONG TERM" IN DESCRIBING TERM OCCUPANCY LIMITS IN
RESIDENTIAL ZONE DISTRICTS.
WHEREAS, section 27-7-1103 of the Municipal Code provides that
amendments to Chapter 24 of the Code, to wit, "Land Use
Regulations," ,shall be reviewed and recommended for approval by the
Planning Director and then by the Planning and Zoning Commission
at public hearing, and then approved, approved with conditions, or
disapproved by the City Council at pUblic hearing; and
WHEREAS, the Planning Director has proposed and recommended
for approval text amendments to Chapter
24 relating to
Condominiumization and to' residential zone
district "Purpose"
sections; and
WHEREAS, the Planning and zoning commission reviewed the
proposed text amendments at worksessions on July 20 and August 3,
1993, and at a public hearing on August 17, 1993, and recommended
approval of the amendments pursuant to the procedure as authorized
by section 24-6-205(A)8 of the Municipal Code; and
WHEREAS, the city Council finds that the proposed text
amendments will encourage efficiency in government by streamlining
the land use review process and will be consistent with promoting
the pUblic welfare and the purposes and intent of Chapter 24 of the
Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
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OF ASPEN, COLORADO as follows:
section 1:
That section 24-7-1007, "Condominiumization" of the Municipal
Code of the City of Aspen, Colorado, is hereby repealed and
reenacted to read as follows:
"Section 24-7-1007. Condominiumization.
A. General.
Where a proposed development is to include a
condominium form of ownership, or if an existing
development is to be converted to a condominium form
of ownership, in whole or in part, a condominium
subdivision exemption plat reflecting all
condominiumized units, or that portion of the
development to be condominiumized, shall be
submitted to the Planning Director for review and
approval as a subdivision exemption pursuant to the
terms and provisions of this section.
B.
Procedure.
A development application for a
condominiumization shall be reviewed pursuant
to the procedures and standards in this section
and Common Procedures, Article 6, Division 2.
1. Contents of application. The contents of a development
application for a condominium or condominiumization shall
include the following:
a. The general application information required in Common
Procedures, section 24-6-202.
b.. A condominium subdivision exemption plat drawn with
permanent ink on reproducible mylar. Sheet size shall
be twenty-four (24) inches by thirty-six (36) inches with
an unencumbered margin of one and one-half (1 1/2) inches
on the left hand side of the sheet and a one-half (1/2)
inch margin around the other three (3) sides of the
sheet. It shall include:
(i)
Accurate dimensions for all lines, angles and
curves used to describe boundaries, streets,
setbacks, alleys, easements, structures, areas
to be reserved or dedicated for public or
common use and other important features. All
curves shall be circular arcs and shall. be
defined by the radius, central angle, tangent,
arc and chord distances. All dimensions, both
linear and angular, are to be determined by an
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(ii)
(iii)
(iv)
(v)
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(vi)
(vii)
(viii)
(ix)
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accurate control survey in the field which must
balance and close within a limit of one (1) in
ten thousand (10,000).
The plat shall be drawn at a scale of one (1)
inch equals one hundred (100) feet or larger.
Architectural scales are not acceptable. If
it is necessary to place the plat on more than
one (1) sheet, an index shall be included on
the first sheet. A vicinity map shall also
appear on the first sheet showing the
condominium project as it relates to the rest
of the city and the street system in the area
of the proposed condominium.
A description of all survey monuments, both
found and set, which mark the boundaries. of
the sUbdivision, and description of all
monuments used in conducting the survey. The
Colorado Coordinate system may be used.
A statement by the land surveyor explaining how
bearings, if used, were determined.
A certificate by the registered land surveyor
as to the accuracy of the survey and plat, and
a statement that the survey was performed in
accordance with Colorado Revised statutes 1973,
Title 38, Article 51, as amended from time to
time.
A certificate by a corporate title insurer,
that the person or persons dedicating to the
public the public rights-of-way, areas or
facilities as shown thereon are the owners
thereof in fee simple, free and clear of all
liens and encumbrances.
certificates showing approval of the final plat
by the City Engineer and Planning Director.
A certificate of filing for the Pitkin County
Clerk and Recorder.
Copies of any monument records required of the
land surveyor in accordnace with Colorado
Revised statutes 1973, Title 38, Article 53,
as amended from time to time.
Recordation: The approved condominium subdivision
exemption plat shall be recorded in the office of
the Pitkin county Clerk and Recorder within one
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hundred eighty (180) days of its approval by the
Planning Director. Failure on the part of the
applicant to record the plat within one hundred
eighty (180) days following approval by the Planning
Director shall render the plat invalid and a new
application and approval will be required.
3.
Subdivision Exemption Agreement. No subdivision
exemption agreement need be prepared or entered into
between the applicant and the city pursuant to a
condominium or condominiumization approval unless
the Planning Director determines such an agreement
is necessary.
C. Minimum Lease Deed Restriction: Minimum lease deed
restrictions imposed by the city council as a condition
of condominiumization approval prior to July 1, 1992,
shall only by modified or removed with the consent of the
ci ty council.
section 2:
That section 24-5-201, "Medium-Density Residential (R-6)" of
the Municipal Code of the city of Aspen, Colorado, is hereby
amended to read as follows:
"Sec. 24-5-201. Medium-Density Residential (R-6).
A. Purpose. The purpose of the Medium-Density Residential
(R-6) zone district is to provide areas for long term
residential purposes with customary accessory uses.
Recreational and institutional uses customarily found. in
proximity to residential uses are included as conditional
uses. Lands in the Medium-Density Residential (R-6) zone
district are generally limited to the original Aspen
Townsite, contain relatively dense settlements of
predominantly detached and duplex res idences, and are
within walking distanCe of the center of the city."
section 3:
That section 24-5-202, "Moderate-Density Residential (R-15)"
of the Municipal Code of the city of Aspen, Colorado, is hereby
amended to read as follows:
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"Sec. 24-5-202. MOderate-Density Residential (R-15).
A. Purpose. The purpose of the Moderate-Density Residential
(R-15) zone district is to provide areas for long term
residential purposes with customary accessory uses.
Recreational and institutional uses customarily found in
proximity to residential uses are included as conditional
uses. Lands in the MOderate-Density Residential (R-15)
zone district typically consist of additions to the Aspen
Townsite and subdivisions on the periphery of the city.
Lands within the Townsite which border Aspen Mountain are
also included in the Moderate-Density Residential (R-
15) zone district."
section 4:
That section 24-5-203, "Moderate-Density Residential (R-15A)"
of the Municipal Code of the City of Aspen, Colorado, is hereby
amended to read as follows:
"Sec. 24-5-203. MOderate-Density Residential (R-15A).
A. Purpose. The purpose of the MOderate-Density Residential
(R-15A) zone district is to provide areas for long term
residential purposes with customary accessory uses.
Recreational and institutional uses customarily found in
proximity to residential uses are included as conditional
uses. Lands in the Moderate-Density Residential (R-15A)
zone district are similarly situated to those in the
Moderate-Density Residential (R-15) zone district and are
lands annexed from pitkin county from zone districts in
which duplexes are a prohibited use."
section 5:
That section 24-5-204, "Moderate-Density Residential (R-15B)"
of the Municipal Code of the City of Aspen, Colorado, is hereby
amended to read as follows:
"Sec. 24-5-204. MOderate-Density Residential (R-15B).
A. Purpose. The purpose of the Moderate-Density Residential
(R-15B) zone district is to provide areas for long term
residential purposes with customary accessory uses.
Lands in the MOderate-Density Residential (R-15B) zone
district are similarly situated to those in the Moderate-
Density Residential (R-15) and (R-15A) zone districts,
but are those in which single-family structures are a
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permitted use and duplexes are prOhibited."
section 6:
That section 24_5-205, "Low-Density Residential (R-30)" of the
Municipal Code of the City of Aspen, Colorado, is hereby amended
to read as follows:
"Sec. 24-5-205. LoW-Density Residential (R-30).
A. Purpose. The purpose of the Low-Density Residential (R-
30) zone district is to provide areas for long term
residential purposes with customary accessory uses.
Recreational and institutional uses customarily found in
proximity to residential uses are included as conditional
uses. Lands in the Low-Density Residential (R-30) zone
district are typically located along river frontages in
outlying areas of the city.
section 7:
That section 24-5-208, "Rural Residential (RR)" of the
Municipal Code of the city of Aspen, Colorado, is hereby amended
to read as follows:
"Sec. 24-5-208. Rural Residential (RR).
A. Purpose. The purpose of the Rural Residential (RR) zone
district is to allow utilization of land for low density,
long term residential purposes with the recreational,
institutional, public and other compatible uses
customarily found in proximity to those uses allowed as
permitted uses or conditional uses."
section 8:
That section 24-3-101, "Definitions", of the Municipal Code
of the City of Aspen, Colorado, is hereby amended to include a new
definition to read as follows:
"Long Term means the occupancy of a dwelling unit for
residential purposes for a time period not less than six (6)
consecutive months and shall include rental occupancies,
except that two shorter rental occupancies may be allowed per
dwelling unit per year."
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section 9:
The repeal as provided herein of sections 24-7-1007 A (1) (b)
and (c), which required minimum lease deed restrictions and the
payment of affordable housing impact fees, respectively, as a
condi tion of approval for condominiumization shall be applied
retroactively to those condominiumization approvals granted in
Ordinances 92-44, 92-69, 93-26, 93-28 and 93-33. At the applicants'
request, the city Council will remove the deed restrictions and
refund the employee housing mitigation fees that were required as
a condition of the above cited condominiumization approvals.
section 10:
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 11:
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 12:
A public hearing on this Ordinance shall be held on the 6'~
day Of~~ 1993 in the city council Chambers, Aspen city
Hall, Aspen Colorado, fifteen (15) days prior to which a hearing
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of public notice of the same shall be 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
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of the city of Aspen on the ,,~
day of
John
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Kathryn . Koch, City Clerk
F /"$--Y('-
Bennett, Mayor
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adopted, passed and approved this
~day of
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John B nett, Mayor
1993.
Kathryn . Koch, city Clerk
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