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HomeMy WebLinkAboutordinance.council.054-95 '~.' 1\\, '," \(i ~''''' - ,.-- . I., I" ! , --- - '1~1 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. - .. *." ~ 0,'",.. -- 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, 2 €tA ., e' ~' " ~"< ,.",., ., 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. 3 ei, & \\\~ ,It', \e, '~~ ~e:" Ii( " 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. ~~{~ John Bennett, Mayor 4 e -, ~, -..,-" ~ ~. ATTEST: ~ city Clerk 0-/7,?~.9",'" / day of ~,.<-fJ'-w.yl..../ FINALLY, adopted, passed and approved this II 1995. ATTEST: ~ 13-<t--_..-.;::>f( John ennett, Mayor 5 ~." ., ~e" iZ\- " (It Exhibit A section 24-7-1102 Amendments to the Text of this Chapter and to the Official Zone District Map ---------------------------------------------------------------- ---------------------------------------------------------------- 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. .~." '\:. .0\. "... ~8'", \& ~'.:: 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.