HomeMy WebLinkAboutordinance.council.054-95
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ORDINANCE NO. 5 J.
(Series of 1995)T
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
AMENDING SECTIONS 24-7-1004, 24-7-1005, 24-3-101
7-106, AND 19-90 TO REQUIRE DEVELOPMENT APPLICATIONS,
APPLICATIONS FOR BUILDING PERMITS, AND SUBDIVISION PLATS
TO CONTAIN CERTAIN INFORMATION IN DIGITAL FORM
FOR USE WITH THE CITY'S
GEOGRAPHIC INFORMATION SYSTEM
WHEREAS,
section 24-7-1103 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
Community Development Director and then by the Planning and Zoning
commission at a public hearing, and then approved, approved with
conditions, or disapproved by the City Council at a public hearing;
and
WHEREAS, the Community Development Director did receive from
the
Data Processing,
Engineering,
and
Assessor's,
streets,
community Development Departments a recommendation for an amendment
to Chapter 24 (the land use regulations), Chapter 7 (the building
regulations) ,
streets/public property
and Chapter
19
(the
regulations) for certain text amendments relating to updating of
the City/County Geographic Information System; and
WHEREAS,
the Planning and Zoning commission reviewed the
proposed text amendment, on October 17, 1995, at which time the
Planning and Zoning Commission recommended approval to City council
by 6-0; and
WHEREAS, the City Council finds that the text amendment 11
be consistent with the public welfare and purposes and intent of
Chapter 24 of the Municipal Code.
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NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY ,OF
ASPEN, COLORADO:
section 1:
section 24-7-1004(D) (1) (a) of the Municipal Code of the City
of Aspen, Colorado, is hereby amended by the addition of paragraph
4., which paragraph shall read as follows:
4. GIS Data. All subdivision applications shall submit the
requirements specified in section 7-1004(C) and section
7-1004(D) in a digital format acceptable to ,the community
Development Department. Base information shall be
obtained from the community Development Department.
section 2:
section 24-7-1005 (E) of the Municipal Code of the city of
Aspen, Colorado, is hereby amended to read as follows:
E. Recordation. The subdivision 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 a period of one hundred and eighty (180) d'ilYs
following approval by the city council shall render the plat
invalid and reconsideration and approval of the plat by the
commission and city council will be required before its
acceptance and recording, unless an extension or waiver is
granted by city council for a showing of good cause. The
subdivision plat shall also be submitted in a digital format
acceptable to the community Development Department, for
incorporation into the city/county GIS system. The one
hundred and eighty (180) day recordation requirement contained
herein shall not apply to the recording of condominium maps,
or declarations or any other documents required to be recorded
to accomplish a condominiumization in the city of Aspen.
section 3:
section 24-]-101 of the Municipal Code of the city of Aspen,
Colorado, is hereby amended by the addition of a new definition,
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which definition shall read as follows:
Geographic Information System. An organized collection 'of
computer hardware, software, geographic data, and personnel
designed to efficiently capture, store, update, manipulate,
analyze, and display all forms of geographically referenced
information.
section 4:
section 7-106.3.1 of the Municipal Code of the city of Aspen,
Colorado, is hereby amended by the addition of a new subsection 7-
106.3.1.7, which subsection shall read as follows:
1.
Prior to issuance of any building permits, the location
of building footprints and site improvements including
sidewalks, easements, property boundary, driveways,
utility locations, and related features shall be
submitted in a digital format acceptable to the community
Development Department for incorporation into the
city/County GIS system. Revised digital data shall be
submitted with all change orders. Base information shall
be obtained from the community Development Department.
Development work that changes the existing building
footprint by less than 20% shall be exempt from this
requirement.
section 5:
section 19-90 of the Municipal Code of the City of Aspen,
Colorado, shall be amended to read as follows:
The Community Development Department will furnish the
applicant with a map of the area proposed for development.
Upon completion of the project the applicant shall funish a
mark-up of the map showing all utilities encountered during
the excavation, their size and their identification, and their
location based on swing ties to fixed monuments such as
manholes, street lights, curbs, and their depths below the
surface of the street, alley, or sidewalk area. This mark-
up shall also identify any new improvements made to the area
including but not limited to utility connections, sidewalks,
driveways, etc. These as-builts may also be submitted in a
digital format acceptable to the Community Development
Department.
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section 6:
This Ordinance shall not affect 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 7:
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 8:
A public hearing on this Ordinance shall be held on the;2~
day of ~ 1995 in the city council Chambers, Aspen city Hall,
Aspen, Colorado, fifteen (15) days prior to which a hearing 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 of the city of Aspen on the
day of
1995.
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John Bennett, Mayor
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ATTEST:
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city Clerk
0-/7,?~.9",'" /
day of ~,.<-fJ'-w.yl..../
FINALLY, adopted, passed and approved this II
1995.
ATTEST:
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John ennett, Mayor
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Exhibit A
section 24-7-1102
Amendments to the Text of this Chapter and
to the Official Zone District Map
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A. Whether the proposed amendment is in conflict
with any applicable portions of this chapter.
Response: Staff does not find the proposed amendment to be an
conflict with any other portions of this chapter.
B.
Whether the proposed
with all elements
comprehensive Plan.
amendment is consistent
of the Aspen Area
Response: The Aspen Area Community Plan does not address the
City/County Geographic Information System.
C. Whether the proposed amendment is compatible
with surrounding zone districts and land uses,
considering existing land use and neighborhood
characteristics.
Response: The proposed amendment will change the submission
requirements for all new subdivision applications and final plats,
building permits, and development occurring within the public
right-of-way. There is no physical change to the development that
will occur on a property, so there will be no compatibility issues.
D. The effect of the propos~d amendment on
traffic generation and road safety.
Response: This proposed
generation or road safety.
access roads and driveways
legislation does not affect traffic
Submitted information will identify new
to keep the GIS current.
E. Whether and the extent to which the proposed
amendment would result in demands on public
facilities, and whether and the exl:ent to
which the proposed amendment would exceed the
capacity of such public facilities, including
but not limited to transportation facilities,
sewage facilities, water supply, parks,
drainage, schools, and emergency medical
facilities.
Response: The proposed amendment will not increase demand on any
services or public facilities. Should this text amendment not be
approved, the city may be required to allocate additional funds' to
update the GIS to catch up to development changes in the future.
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F.
Whether and the extent to which the proposed
amendment would result in significantly
adverse impacts on the natural environmen't.
Response: The proposed code amendment will not have any impact on
the natural environment.
G. Whether the proposed amendment is consistent
and compatible with the community character in
the City of Aspen.
Response: Staff does not relate this code amendment to community
character and does not believe this criteria is applicable.
H.
Whether there have been
affecting the subject
surrounding neighborhood
proposed amendment.
changed conditions
parcel or the
which support the
Response: This code amendment does not relate to any
parcel or neighborhood. It will be applicable to
subdivision applications and plats, building permits,
within public rights-of-way in the city.
1.
Whether the proposed amendment would be in
conflict with the public interest, and is in
harmony with the purpose and intent of this
chapter.
specific
all new
and work
Response: This amendment is not in, conflict with the public
interest or the city of Aspen Municipal Code.