HomeMy WebLinkAboutordinance.council.022-73RECORD OF PROCEEDINGS
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ORDINANCE NO.~2~/
Series of 1973
MAKING AN AMENDMENT TO THE SUBDIVISION REGULATIONS PROVIDING
FOR DEDICATION OF LAND DESIGNATED ON ANY ADOPTED TRAIL PLAN
AND EXCLUDING SUCH DEDICATED LAND FROM ANy OTHER REQUIRED
DEDICATIONS.
WHEREAS, there may from time to time be adopted
trail system plans designating proposed bikeways, bridle paths,
cross country ski trails or hiking trails, and
WHEREAS, it is the desire of the city council that
when any tract of land over which such designated bikeway,
bridle path, cross country ski trail or hiking trail crosses
is subdivided that such part of the bikeway, bridle path,
cross country ski trail or hiking trail be dedicated by the
subdivider for such use, and
WHEREAS, it is the intention of the city council
that any land so dedicated shall not be included in deter-
mining the amount of land required to be dedicated by any other
provision of the subdivision regulations ,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF APSEN, COLORADO:
Section 1.
That section 20-8 of the Municipal Code of the City of
Aspen, Colorado, is hereby amended by adding a subsection which
said subsection reads as follows:
"Dedication of parks, school grounds, recreation uses
and other public open spaces within the subdivision shall
be required in accordance with the master plan or other
designation of the City of Aspen.
1. 4% LAND DEDICATION OR CASH PAYMENT REQUIREMENT.
The owner of land to be divided shall allocate and convey
not less than 4% of the area of the proposed subdivision
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for such public use purposes. At the option of the city,
the owner shall in lieu of such conveyance of land pay to
the city in cash an amount equal to 4% of the value of
the land. If the city and the owner fail to agree on the
value of the land, the value shall be fixed and established
by a qualified appraiser selected by the city and the owner.
The proceeds of such payments shall be deposited in a
separate city account and shall be used only for the
acquisition of land for public purposes and for the
improvement of such lands.
If the area required for such public uses exceeds the fair
amount for the subdivider's contribution, the lands
needed in addition to such fair contribution shall be
reserved for purchase by the City of Aspen for not less
than three (3) years from the date of approval of the
subdivision. (Ord. No. 6-1969, #9)
2. TRAIL SYSTEM REQUIREMENT.
WHENEVER A TRACT TO BE SUBDIVIDED INCLUDES ANY PART OF A
BIKEWAY, BRIDLE PATH, CROSS COUNTRY SKI TRAIL OR HIKING
TRAIL DESIGNATED ON AN ADOPTED PLAN, SUCH PART OF SUCH
PUBLIC WAY SHALL BE DEDICATED BY THE SUBDIVIDER IN
COMPLIANCE WITH THE PLAN. SUCH TRAIL DEDICATION SHALL
BE IN ADDITION TO AND SHALL NOT BE INCLUDED IN THE COM-
PUTATION OF THE 4% PUBLIC USE DEDICATION REQUIREMENT OF
THIS SECTION.
Section 2.
If any provision of the ordinance or the application there-
of 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
provisions or applications, and to this end the provisions
or applications of this ordinance are declared to be severable.
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Section 3.
A public hearing on the ~rdinance shall be held on
~, , 1973, at ~;w.-~_~ p.m. in the City
Co ~1 Chambers, City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided
by law by the City Council of the City of Aspen, Colorado,
at its regular meeting he. at the City of Aspen, Colorado,
on the ~2~'~, day of ~ , 1973.
FIN~LLY~OPTED, PASSED AND APPROVED this
day of ~~ , 1973.
ATTEST-. '/ ': .ayor ,:
city Clerk
STATE OF COLORADO)
) ss CERTIFICATE
COUNTY OF PITKIN )
I, Lorraine Graves, City Clerk of Aspen, Colorado,
do hereby certify that the above and foregoing ordinance was
introduced, read by title, and passed on first reading at a
regular meeting of the City Council of the City of Aspen on
,l~ly 9 , 197~3, and published in the Aspen Today ,
a weekly newspaper of general circulation, published in the
City of Aspen, Colorado, in its issue of July I1 , 197~__,
and was finally adopted and approved at a regular meeting of
the City council on July 23
published as Ordinance No. 22
said City, as provided by law.
, 1973, and ordered
, Series of 197__3, of
IN WITNESS WHEREOF, I have hereunto set my hand and the
seal of said City of Aspen, Colorado, this 24th
day of July , 197__~
torraine Graves, City Clerk