HomeMy WebLinkAboutordinance.council.004-78ORDINANCE NO.
(Series of 1978)
AN ORDINANCE AMENDING THE SUBDIVISION REGULATIONS
OF THE CITY OF ASPEN BY THE ADDITION OF A NEW SECTION
20-5(b) WHICH PROHIBITS APPROVAL OF ANY SUBDIVISION
REQUEST IN THE ABSENCE OF ISSUANCE OF A DEVELOPMENT
ALLOTMENT PURSUANT TO ARTICLE X (GROWTH MANAGEMENT
QUOTA SYSTEM) OF THE ASPEN ZONING CODE.
WHEREAS, the Aspen City Council did, with the enactment
of Ordinance No. 48 (Series of 1977) adopt an annual quota
system for new residential, lodge and commercial development
within the city of Aspen, and further providing that no
building permit shall issue unless and until an applicant
shall have been awarded a development allotment pursuant to
the procedures therein established, and
WHEREAS, said Ordinance 48 (Series of 1977) did exempt
from its application, the construction of one single family
or duplex structure on a subdivided lot only if subdivided
prior to the effective date of the Ordinance, and
WHEREAS, the City Council wishes to further implement
the objectives of Ordinance 48 by insuring that subdivision
activity occurs only if and when an applicant for sub-
division approval has been awarded a development allotment
so as to preclude the creation of subdivision lots (or
other separate interests) with no development potential,
NOWv THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF ASPEN, COLORADO:
Section 1
That the Municipal Code of the City of Aspen, Colorado,
is hereby amended by the addition of a new subsection (b)
of Section 20-5 to read as follows:
(b) Development ~llotment
No subdivision shall be approved (nor exemption
or exception granted) pursuant to the provisions
of this Chapter 20 unless or until the applicant
shall have been awarded a development allotment
pursuant to Article X of Chapter 24 hereof
(Growth Management Quota System) whenever such
allotment is required for the proposed development
of the subdivided land. On receiving a development
allotment the applicant for subdivision approval
may be deemed by the planning office to have
satisfied the conceptual presentation requirements
of these subdivision regulations, and the office
may authorize the applicant to proceed directly
to preliminary plat review, all as provided in
Section 24-10.3(f).
Section 2
That the Municipal Code to the City of Aspen, Colorado,
is hereby amended by the renumbering of the existing
(c) and (d) of Section 20-5 as subsections
respectively.
subsection (b) ,
(c) , (d) and (e)
Section 3
If any provision of this Ordinance or the application
thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications
of the Ordinance which can be given effect within the
invalid provisions of applications, and to this end the
provisions of this Ordinance are declared to be severable.
Section 4
That a public hearing on this Ordinance shall be held
on ~ /3 , 1978 at 5 P.M. in the City Council
Chambers, City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as provided by
law by the Aspen City Council at its meeting held
1978.
ATTEST:
Kathryn~. Hauter
City Clerk
BY: E. Michael Behrendt
Mayor Pro Tem
on
ATTEST:
Kathryn ~. Hauter
City Clerk
FINALLY APPROVED AND ADOPTED by the Aspen City Council
/~t%cy Stahdley, ~I~~
Mayor
RECORD OF PROCEEDINGS
100.'Leaves'
STATE OF COLO1LiDO )
) ss
COUNTY OF PITKIN )
CERTIFICATE
I, Kathryn S. Hauter, City Clerk of Aspen, Colorado,
do hereby certify nhat the above and foregoing ordinance was
introduced, read in full, and passed on ~~
reading at a regular meeting of the City Council of the
City of Aspen on x~c.~_~.~/~, 1979 , and publish-
ed in the Aspen Times a weekly newspaper of general circul-
ation, published in the City of Aspen, Colorado, in its
issue of ~~ /~ , 197 ~, and was finally adopted
and approved at a regular meeting of the City Council on
Ordinance No.
provided by law.
197 ~z
, , and ordered published as
_, Series of 197~ , of said City, as
IN WzINE~S WHEREOF, I have hereunto set my hand and
the seal of said City of Aspen, Colorado,
day of ~~ , 197~ .
Kathryn S~Hauter, Czty Clerk