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HomeMy WebLinkAboutordinance.council.004-73RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ (Series of 1973~-- AN ORDINANCE AMENDING SECTION 20-2, SUBSECTION (a), AND SECTION 20-3, AND SECTION 20-4, AND SECTION 20-5, AND SECTION 20-6, AND SECTION 20-7, AND SECTION 20-10, AND REPEALING SECTION 20-11 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, TO ADD THE DIVISION OF LAND INTO CONDOMINIUM INTERESTS AND CERTAIN OTHER SEPARATE OR COMMON INTERESTS TO THE DEFINITION OF "SUBDIVISION" IN CHAPTER 20, AND TO AMEND CERTAIN OTHER PROVISIONS OF SAID CHAPTER 20 IN ACCORDANCE WITH SUCH CHANGE IN DEFINITION, AND TO GIVE TO THE PLANNING COMMISSION AND THE CITY COUNCIL THE AUTHORITY TO GRANT EXCEPTIONS TO THE STRICT APPLICATION OF CHAPTER 20 AND EXEMPTIONS FROM THE DEFINITION OF SUBDIVISION IN APPROPRIATE CASES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPENy COLORADO: Section 1. Purpose. The purpose of this Ordinance is to promote the health, safety, convenience, order, prosperity and general welfare of the present and future inhabitants of the City of Aspen, Colorado, by the promotion of an adequate and efficient street and road sys- tem, the prevention of congestion on streets and the promotion of traffic safety, the provision of adequate light, air and space, the insurance of a proper distribution of population, and the provision of adequate utilities and public improvements. Section 2. Authority. This OrdJmnce is authorized by Article 59~ Chapter 139 of the Colorado Revised Statutes, 1963, as amended, and is hereby declared to be in accordance with the provisions of these statutes. Section 3. Section 20-2, subsection (a) ~ the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: RECORD OF PROCEEDINGS 100 Leaves "(a) Subdivision. A subdivision ~aa~ OR SUBDIVIDED LAND IS DEFINED AS A TRACT OF LAND which has ~eea IS divided into two (2) or more lots, tracts e~ parcels, SITES~ SEPARATE INTERESTS (INCLUI)ING LEASEHOLD INTERESTS)~ IN- TERESTS IN COMMON~ CONDOMINIUM INTERESTS OR OTHER DIVISIONS amy-mas e~-wh~o~-~s-~i~o-~)-ao~e~-o~-~e~_ia_a~ea for the purpose~ whether immediate or future, of transfer of ownership, or for building or other development, or for street use by reference to such subdivision or a recorded plat thereof. UNLESS THE METHOD OF LAND DISPOSITION IS ADOPTED FOR THE PURPOSE OF EVADING THIS DEFINITION, THE TERM SUBDIVISION AS DEFINED IN THIS SECTION 20-2(a) SHALL NOT APPLY TO ANY OF THE FOLLOWING DIVISIONS OF LAND: 1. THE DIVISION OF LAND BY ORDER OF ANY COURT IN THIS STATE OR BY OPERATION OF LAW. 2. THE DIVISION OF LAND BY A LIEN, MORTGAGE, DEED OF TRUST OR ANY OTHER SECURITY INSTRUMENT. 3. THE DIVISION OF LAND BY A SECURITY OR UNIT OF INTEREST IN ANY INVESTMENT TRUST REGULATED UNDER THE LAwS OF THIS STATE OR ANY OTHER INTEREST IN AN INVESTMENT ENTITY. 4. THE DIVISION OF LAND WHICH CREATES CEMETERy LOTS. 5. THE DIVISION OF LAND WHICH CREATES AN INTEREST OR INTERESTS IN OIL, GAS OR MINERALS WHICH ARE NOW OR HEREAFTER SEVERED FROM THE SURFACE OWNERSHIP OF REAL PROPERTY. 6. THE DIVISION OF LAND BY THE ACQUISITION OF AN INTEREST IN LAND IN THE NAME OF A HUSBAND AND WIFE OR OTHER PERSONS IN JOINT T~ANCY OR AS TENANTS IN COMMON AND ANY SUCH INTEREST SHALL BE DEEMED FOR PURPOSES OF THIS SECTION 20-2(a) AS ONLY ONE INTEREST." -2- RECORD OF PROCEEDINGS 100 Leaves Section 4. Section 20-3, subsection (a) of the Municipal Code of the City of Aspen, Colorado, is hereby repealed in its entirety, and is hereby replaced and superceded with a new subsection (a), which shall read as follows: "(a) GENERAL VIOLATIONS: IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO VIOLATE ANY OF THE PROVISIONS OF THIS CHAPTER OR TO TRANSFERj SELL, LEASE, OR AGREE TO SELL OR LEASE~ ANY LOT~ TRACT~ PARCEL~ SITE~ SEPARATE INTEREST (INCLUDING LEASE- HOLD INTEREST) j INTEREST IN COMMON, CONDOMINIUM INTEREST OR OTHER DIVISION WITHIN A SUBDIVISION [AS DEFINED IN SECTION 20-2(a)] IN THE CITY OF ASPEN UNTIL SUCH SUBDIVISION HAS BEEN APPROVED IN WRITING BY THE CITY COUNCIL AND A PLAT THEREOF RECORDED IN THE OFFICE OF THE PITKIN COUNTY RECORDER. PROVIDED, THAT A WRITTEN AGREEMENT TO SELL OR LEASE WHICH IS EXPRESSLY CONDITIONED UPON FULL COMPLIANCE BY THE SELLER WITH THE SUBDIVISION CODE OF THE CITY OF ASPEN WITHIN A SPECIFIED PERIOD OF TIME~ AND WHICH EXPRESSLY RECITES THAT SELLER'S FAILURE TO SATISFY SUCH CONDITION WITHIN SAID TIME PERIOD SHALL TERMINATE THE AGREEMENT AND ENTITLE THE BUYER TO THE PROMPT RETURN OF ALL MONIES THERETOFORE PAID BY BUYER UNDER SAID AGREEMENT, SHALL NOT CONSTITUTE A VIOLATION OF THIS SUBSECTION (a)." Section 5. Section 20-3, subsection (b) of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: "(b) Construction: It shall be unlawful to erect or construct any building subject to the building code unless the street giving access to the lot or parcel upon which SUCH building is proposed to be placed shall have been accepted by the council as a public street. No structure shall be constructed, nor building permit issued for a structure, on any parcel of land withiN a subdivision approved pursuant -3- RECORD OF PROCEEDINGS 100 Leaves to this ordinance [chapter] except where such structure is to be constructed upon a lot separately designated within the plat o£ such approved subdivision. The lot lines established in such approved subdivision shall not be altered by conveyance ~ a part o£ such lots, nor shall only a part of any lot be joined with a part o£ any other lot for conveyance or construction unless and until written application has been made to the planning commission -3a- RECORD OF PROCEEDINGS 100 Leaves and such change is approved by the planning commission after a finding that the general purpose and purport of this ordinance [chapter] shall not be weakened by such change. (Ord. No. ~4)" Section 6. Section 20-4 of the Municipal Code of the City of Aspen, 6-1969, Colorado, is hereby amended to read as follows: "Sec. 20-4. Procedure. Before di~i~i~§ SUBDIVIDING [AS DEFINED IN SECTION 20-2(a)] any tract of land lying within the corporate limits of the City of Aspen &a-e&~e a subdivider shall comply with the following procedure. 1. At least fourteen days prior to a public hearing before the planning commission two copies of the preliminary plat of the proposed subdivision shall be submitted to the city administrator [manager] and two copies to the secretary of the planning commission. The subdivider shall within 7 (seven) days thereafter provide one copy of the preliminary plat, together with a form to be supplied by the planning commission~ to the superintendent of schools and to each of the utility companies involved. Utility companies may then inspect the plat and site, making comments concerning the placement of easements, etc., on the form provided and, where necessary, sketching recommended alterations on a copy of the plat, and transmit the plat and recommen- dation form directly to the planning commission, prior to the time of public hearing. (Ord. No. 6-1969,§5)- Section 7. Section 20-5, subsection (j) of the Municipal Code of the City of Aspen~ Colorado, is hereby repealed in its entirety, and -4- RECORD OF PROCEEDINGS 100 Leaves is hereby replaced and superceded with a new subsection which s~ read as follows: "(j) IN TH~ CASE OF A DIVISION OF LAND INTO CONDOMINIUM INTERESTS, THE LOCATION OF ALL PROPOSED DWELLING STRUCTURES, PARKING AREAS~ STRUCTURES FOR COMMON USE AND PRINCIPAL LAND- SCAPING FEATURES°,, Section 8. Section 20-6, subsection (a) of the Municipal Code of the City of Aspen~ Colorado~ is hereby amended to read as follows: "(a) Accurate dimensions for all lines~ angles and curves used to describe boundaries~ streets~ alleys, easements~ STRUCTURES~ areas to be reserved or dedicated for public use and other important features. All dimensions to be determined by an accurate field survey which must balance and close within a limit of one foot in 4~000 feet." Section 9. Section 20-6 of the Municipal Code of the City ~Aspen, Colorado~ is hereby amended by the addition thereto of a new paragraph, which shall follow the present last paragraph thereof and which shall read as follows: "FAILURE ON THE PART OF THE SUBDIVIDER TO RECORD THE FINAL PLAT WITHIN A PERIOD OF 90 DAYS FOLLOWING APPROVAL RECONSIDERATION BY BOTH THE CITY PLANNING COMMISSION AND THE CITY COUNCIL WILL BE REQUIRED BEFORE I~ACCEPTANCE.~~'~ (Ord. No. 6-1969, §11)" Section 10. Section 20-10 of the Municipal Code of the City of Aspen~ Colorado~ is hereby repealed in its entirety, and is hereby replaced and superceded with a new Section 20-10~ which shall read as follows: -5- RECORD OF PROCEEDINGS 100 Leaves "SECTION 20-10. EXCEPTIONS AND EXEMPTIONS. CERTAIN EXCEPTIONS FROM THE STRICT APPLICATION OF THE PROVISIONS OF THIS CHAPTER 20 AND EXEMPTIONS FROM THE DEFINITION OF A SUBDIVISION SET FORTH IN SECTION 20-2(a) HEREOF MAY BE OBTAINED UNDER THE FOLLOWING CONDITIONS: (a) THE PLANNING COMMISSION MAY GRANT EXCEPTIONS FROM THE STRICT APPLICATION OF ONE OR MORE OF THE STANDARDS, RE- QUIREMENTS AND OTHER PROVISIONS OF THIS CHAPTER 20 WHEN, IN THE JUDGMENT OF THE PLANNING COMMISSION, UNDUE HARDSHIP YLAy RESULT FROM STRICT COMPLIANCE. NO EXCEPTION SHALL BE GRANTED UNLESS THE PLANNING COMMISSION FINDS: (1) THAT THERE ARE SPECIAL CIRCUMSTANCES OR CONDITIONS AFFECTING THE SUBJECT PROPERTY SUCH THAT THE STRICT APPLICA- TION OF THE PROVISIONS OF THIS CHAPTER 20 FOR WHICH AN EXCEP- TION IS SOUGHT WOULD DEPRIVE THE APPLICANT OF THE REASONABLE USE OF HIS LAND; (2) THAT THE EXCEPTION IS NECESSARY FOR THE PRESERVATION AND ENJOYMENT OF A SUBSTANTIAL PROPERTY RIGHT OF THE APPLI- CANT; and (3) THAT THE GRANTING OF THE EXCEPTION WILL NOT BE DETRIMENTAL TO THE PUBLIC WELFARE OR INJURIOUS TO OTHER PROPERTY IN THE AREA IN WHICH THE SUBJECT PROPERTY IS SITUATED. ........... ~*~u ~G,,,~iSCiC~ Ci~LL HAVE ........ TG-1ABOMb~G~-E~ A4~H'RL%ES~ ~EG' ~'~=L' FRO~[ TiMI~TIME (b) FOLLOWING RECEIPT OF A RECOMMENDATION FROM THE PLANNING COMMISSION, CITY GDUNCIL MAY EXEMPT A PARTICULAR DIVISION OF LAND FROM THE DEFINITION OF A SUBDIVISION SET FORTH IN SECTION 20-2(a) WHEN~ IN THE JUDGMENT OF THE CITY COUNCIL, SUCH DIVISION OF LAND IS NOT WITHIN THE INTENT AND -6- RECORD OF PROCEEDINGS 100 Leaves PURPOSE OF THIS CHAPTER 20. .............. IL Sii~LL HAVE T4)---T-~I~ EFFF~'~ ~ (c) IN A CASE W~RE LA~ BEING DIVID~ INTO CO~MINIUM IN.RESTS HAS~ PRIOR TO T~ EFFECTIVE DATE OF TH~ ORDINANCE~ BE~ P~ED INTO LOTS A~ BLOCKS BY P~T RECORD~ IN THE OFFICE OF T~ PlTKIN CO~TY CL~K A~ RECO~ER~ SUCH DIVISION OF LA~ SHALL BE EXEMPT FROM THE DEFINITION OF A SUBDIVISION SET FORTH IN SECTION 20-2(a) WHEN, IN T~ ~GMENT OF T~ PLANNING COMMISSION~ SUCH PLA~ LA~ FU~ILLS ALL PERTIN~T -6a- RECORD OF PROCEEDINGS 100 Leaves DESIGN REQUIREMENTS CONTAINED IN SECTION 20-7 OF THIS CHAPTER. NO SUCH EXCEPTION OR EXEMPTION SHALL BE GRANTED UNLESS A WRITTEN APPLICATION THEREFOR HAS BEEN SUBMITTED TO AND CONSIDERED BY THE PLANNING COMMISSION~ AND THE GROUNDS FOR GRANTING SUCH EXCEPTION OR EXEMPTION HAVE BEEN ENTERED IN THE MINUTES OF TH~ GRANTING BGDY BY MOTION OR RESOLUTION DULY ADOPTED." Section 11. Section 2~11 of the Municipal Code of the City of Aspen, Colorado, is hereby repealed in its entirety. Section 12. Because of the proximity of the next building season in the City of Aspen and the number of anticipated new land divisions which it will not be possible to review in certain significant respects until this Ordinance becomes effective, the city council of the City of Aspen, Colorado~ hereby finds and determines and declares that an emergency exists and that this Ordinance is necessary for the immediate preservation of the public peace, health and safety and shall take effect upon final passage. Section 13. 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 without the invalid provision or appli- cation, and to this end the provisions of this ordinance are declared to be severable. INTRODUCED~ READ AND PASSED ON FIRST READING as provided by law by the City Council of ~ day of February, 1973. the City~n,/~rado, on this Mayor City clerk --7-- RECORD OF PROCEEDINGS 100 Leaves FINALLY ADOPTED, APPROVED, PASSED ON SECOND READING AND ORDERED PUBLISHED as provided by law by the City Council of City of Aspen, Colorado, on the ATTE~ . CityClerk the Mayor -8- STATE OF COLORADO) ) COUbrrY OF PITKIN ) ss CERTIFICATE ~, Lorraine Gra'¢es, City Clerk of Aspen, Colorado, do hereby certify ~hat the above and fore[~oing ordinance was introduced, read in full, and massed on special reading at a ~9~6t~r meeting of City of Aspen on February 5 the City Council of the ~f~W~kx~xxxxxxxxxxxxxxxxxxxxxxxx~xxx and was finally adopted and annro~ed at a regular meeting of the City Council on February as Ordinance No. 4 provided by law. IN WITNESS %~EREOF, the seal of said City of Asmen, Colorado, day of___F_e~zr~la~ .~ 1')7 3. 12, 1973 197 ,and ordered published , Series of 197__t, of said City, as I have hereunto set my hand and this 12th SEAL