HomeMy WebLinkAboutminutes.council.19730205 14:09
Special Meeting Aspen City Council February 5, 1973
Meeting was Called to consider Ordinance #4, Series of 1973 on first reading and matters
of the City Manager.
Meetingwas called to order by Mayor Eve Homeyer at 5:00 p.m. with Councilmen Scott Nystrom
James Breasted, Ross Griffin, Ramona Markalunas, Jack Walls, Francis Whitaker, City
Attorney Art Daily and City Manager Russ Campbell.
ORDINANCE Proposed ordinance was submitted by the City Attorney..
#4, SERIES
OF 1973 Discussed exceptions being granted by the Board of Adjustment rather than the Planning
and Zoning Commission. City/County Planner Herb Barrel stated the Board of Adjustment
hears variation and/or exceptions of the moning code. The Planning and Zo~ning CommissiQns
prime responsibility is planning plus zoning so feel the subdivisi0n regulations naturally
fall under the P & Z Corrmaission.
Discussed the word MAY under Section 20-10 (a) and SHALL under Section 20-10 (c). City
Attorney stated SHALL means mandatory and ~the Planning and Zoning Commission shall grant
an exception where all the standards have been clearly met.
Mr. Bartel oullined the subdivision procedures. Further stated a clear exception would
require only a letter of application. It was pointed out commercial space that is
changed for condominiums would fall under these regulations as well as living units.
Mr. Don Piper'representing the'B0ard 0f Realt0rs questioned where subdividing of property
would fall during the transaction of a sale. Further suggest the words "OR NEGOTIATE"
under violations be omitted. The words "or negotiate" would require following the entire
procedure for subdividing prior to even discussing a sale of land.
It.was pointed out if the scl!er were selling the entire piece 0f pr0perty,.i~e~ 5 acres,'
there would be no need to go through the procedure for subdividing. Subdividing would
fall at the time the purchaser of the property decided to develop e~ondomuniums or sub-
divide the property in any other manner, and it would be the responsibility of the buyer.
In the case where the seller gesired 'to sell only a portion of the property, he then
would be required to follow the procedures for a Subdivision.
Discussed agreements to sell subject to approval of the subdivision plat. Mr. Bartel
stated there should not be buyer and Seller~agreements ~at the time of fica! approval of the
plat '
Mr. Piper suggestedaa short form be utiiized where there is a partial sale of land. Mr.
Barrel reported the State w~ll not approve a short form. 'If there is an exception made
this can be handled under $ection~20-10'(a). ......
Mr. Piper stated the legislative committee of the Board of Realtors would be willing to
meet with the Planner and City Attorney as relates to any questions of interpretation.
Councilman Griffin moved toolhead on first reading bY ti.tie Ordinance #4, Series of 1973
as amended to exclude the words "OR NEGOTIATE" under 4(a)~ and to include under Section
9 "failure on the part of the subdivider to record the final plat within a period of 90
days following approval ~y the 'C~ty Council shall render the plat invalid and reconsider-
ation AND APPROVAL, by both the City Planning Commission and the City Council will be
required before its acception FOR RECORDING. Seconded by Councilman Nystrom. Ail in
favor, motion carried. " -
(changes noted in caps, motion above )
ORDINANCE #4,: SERIES OF 1973 AN ORDINANCE AMENDING SECTION 20-2; SUBSEC%ION (a~. AND
SECTION 20-3~ AND SECTION 20-4, ~ND SECTION:20-5, AND SECTION 20-64 AND SECTION ~20-7~
AND SEC%ION 20-10, AND REPg~LING SECTION 20~1~ OF THE MUNICIPAL CODE OF THE CITY OF ASPEN,
COLORADO~ TO ADD THE DIVISION OF LA}~ INTO CONDOMINIUM INTERESTS TO THE DEFINITION OF
"SUBDIVISION" IN CHAPTER 20~ AND TO AMEND CERTAIN OTHER PROVISIONS OF SAID CHAPTER 20
IN ACCORDANCE ~ITH SUCH CHANGE IN DEFINITION, ~ND TO GIVE TO 'THE PLANNING COMMISSION AND
THE CITY COULCIL THE AUTHORITY TO GRANT EXCEF~IONS FROM THE DEFINITION OF SUBDIVISION' IN
APPROPRIATE CASES was read by title by the ~City Clerk.
Councilman Griffin moved to adopt Ordinance #4, Series of 1973 as'amended on first read-
ing. Seconded by Councilman Nyst~m. Roll call vote - Councilmen Nystrom, aye:~BreaSted
aye; Griffin aye; Markalunas ~ye;'Walls aye'; Whitaker aye'; Mayor Homeyer aye. Motion
carried.
council city Manager Campbell submitted:'a'propoaalto City'Council to streamline the agenda which
i Agenda included Submission of materiaI for the agenda 10 days prior to Council meeting. Ad-
vantages of this system: deadlines, order, staff review ~and involvement, separation of
policy and administrative issues, public participation (via news media and citizen part'-
icipation), permits a busy council to concentrate on essentials in a systematic manner
with the benefit of staff review and staff recommendations.
1410
Special Meeting Aspen City Council February 5, 1973
Further suggest that early in the Council meeting ~ hour be set aside for citizens to ex-
press an opinion, comment, etc.
Councilman Griffin moved to concur with the City M~nager's recommen~ti~fls and the same
be instigated as soon as possible. Seconded by Councilwoman Markatunas. All in favor,
motion carried.
City Manager Campbell reported a Mr. Paul Anderson has volunteered his services to the Parking,
City free of charge to do a complete indepth study of the parking needs of the downtown Transportation
area. This would include what the closure of the streets for malls will mean to the Plan
downtown, employee parking needed, customer, client and lodge parking needed, off-street
private parking, where the parking should be located to meet these needs, etc. Perhaps
the Trueman property will not really answer the parking needs~of the community.
Council agreed with Mr. Anderson making this study.
Councilman Nystrom moved to~ adjourn at 6:30 p.m., seconded by Councilman Walls. Ail in
favor, motion carried.
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