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HomeMy WebLinkAboutordinance.council.041-85 RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~1 (Series of 1985) AN ORDINANCE AMENDING SECTION 19-5 OF THE MUNICIPAL CODE, WHICH PROHIBITS OCCUPANCY OF RIGHTS-OF-WAY WITHOUT COUNCIL APPROVALr TO ADD A REQUIREMENT THAT ANY PERSON SEEKING PERMISSION TO ENCROACH UPON PUBLIC RIGHTS-OF-WAY MUST SUBMIT AN APPLICATION THEREFOR AND REVIEW FEE IN THE SUM OF $300.00 TO THE CITY ENGINEER WHEREAS, the City Engineer has recommended, for purposes of administrative efficiency, that Section 19-5 of the Municipal Code of the City of Aspen be amended to require that any person seeking permission to encroach upon t~e. public right-of-way submit an application therefor to the C ;y Engineering Department, accom- panied by a $300.00 administrative review fee, and WHEREAS, the City Council desires to amend Section 19-5 in accordance with the City Engineer's recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 19-5 of the Municipal Code of the City of Aspen be and the same is hereby amended to add language requiring that persons seeking Council approval to encroach in public rights-of- way must first submit an application therefor to the City Engi- neer, accompanied by an administrative review fee in the amount of $300.00, said amended section to read as follows: "No person shall occupy, construct, place or maintain within any public right-of-way any building, structure or appurten- ance without the prior ~'~roval of the City Council. Any persons seeking such ap~ )val to encroach upon the public right-of-way must first ~bmit an application therefor on forms to be provided and-'reviewed by the City Engineer, accompanied by an administrative review fee of Three Hundred Dollars ($300.00). The City Engineer shall forward the application to the City Council with a recommendation as to whether said application should be granted. Provided, how- ever, that nothing herein shall be construed to apply to improvements made by the City or its agents, or the temporary safety structures around construction or excavation, or other devices that may be required or permitted to be placed in the right-of-way by reason of any state or local regulation." RECORD OF PROCEEDINGS 100 Leaves Section 2 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any ~urt o~ competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 3 A public hearing on the ordinance shall be held on the __/~_ day of ___~ ........ , 1985, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law of the City Council of the City of Aspen on the J__~___ day of 1985. : William L. Stifling, Ma~or ATTEST~ (athryn ~ ~/Koch, City ~ ..... FINALLY adopted, passed and approved this _J~__~__ day of 1 985. · ' Stifling, May A~EST:< ~,-U~ty Clerk 6F 2 TO: Mayor and Council Thru: Hal Schilling, City Manager ~-'- From: Elyse Elliott, Engineering Department Subject: Ordinance 941, amending Section 19-5 of the Aspen Municipal Code refering to the Occupancy of the Right-Of-Way. Summary: Subsequent to the first reading of this ordinance on July 22, this department has made the changes as directed to the "Procedure for Granting Encroachment into or Vacation of Right- Of-Way". The most significant change was the addition of section 1.E, which requires that the applicant receive prior approval from any committes or boards if necessary. CITY OF ASPEN ENGINEERING DEPARTMENT JULY 22, 1985 PROCEDURE FOR GRANTING ENCROACHMENT INTO OR VACA~IQ~ OF RIGHT-0~rWAY This explains submission requirements and review criteria for applications to encroach into or vacate the public right-of-way in the City of Aspen. All encroachment or vacation requests shall meet the following requirements prior to issuance of a building permit or any grading, filling, or other use of public right-of-way. Examples of permitted uses of right-of-way for which no encroachment license is required are: landscaping, sidewalks and mailboxes. 1. SUBMITTAL REQUIREMENTS - Applications for encroachment licenses or street vacations shall be submitted to the City of Aspen Engineering Department and shall include the following: A. Letter of Application - All applications shall include ten (10) copies of a letter addressing the following: i) Name and address of applicant or representative. ii) Name and address of property owners abutting the area of the encroachment or vacation. IN the case of vacations of large tracts, letters of support from a majority of the abutting owners shall be required. iii) An explanation of the nature of the encroachment or vacation requested. State the purpose for which the encroachment is needed or the rationale for the City to consider vacation. B. Site Survey - All applications shall include ten (10) copies of a survey prepared by a Colorado registered land surveyor showing the following: i) One inch equals 400 feet scale vicinity map showing the area for which the encroachment or vacation if requested. ii) Property boundaries of all properties abutting the area of the encroachment or vacation. All boundary lines show bearings and dimensions. iii) Existing structures, improvements and landscaping features, including trees greater than six (6) inches in diameter, in the area of the encroachment or vacation. Show all existing fences, irrigation and drainage improvements, curbs, gutters, and sidewalks. iv) Show the boundary of the encroachment or vacation including bearings and dimensions with adequate ties to existing monuments to permit the legal definition of the encroachment or vacation for exhibit purposes. v) Show all existing utility lines in the right-of-way in which the encroachment or vacation is requested. vi) Include the surveyor's certificate, signature, and seal. vii) Date of preparation, scale, including bar type or graphical scale, and true north arrow. C. If the site survey is on paper larger than 8 1/2" x 14", the applicant must also submit a depiction of the encroachment or vacation on paper no larger than 8 1/2" x 14". This is needed for submittal to the City Council package. D. Processing Fee - A $300 processing fee is required upon submission of an application for encroachment licenses and street vacations. E. If approval is required from boards or committees other than City Council such as Board of Adjustments (BOA), Planning and Zoning (P&Z), or Historic Preservation Committee (HPC), the applicant shall seek their approval prior to making an application. 2. REVIEW CRITERIA - Following submission of an application to the City Engineering Department, it shall be referred to the various city departments and utilities that may be affected. Following review and comment by the referal agencies, the Aspen City Council shall consider the request in light of the following: A. Circulation - Does the proposed encroachment or vacation cause a potential problem with regard to accessing property in the area. Could the request hinder area circulation or prevent service vehicles or utility companies from accessing facilities or other structures. B. Streets Maintenance - Does the proposed encroachment or vacation create a possible problem for street maintenance or snow removal operations. C. Utilities - Could the proposed encroachment or vacation interfere with existing or future utility needs for the area. D. Enforcement - Could the proposed encroachment or vacation create or compound an existing problem for traffic control, city police, or fire department personnel. E. Expansion - Does the proposed encroachment or vacation provide the opportunity for expanding the floor area of structures. Would such expansion require Growth Management approval. Vacated streets may Bgt be included in determining floor area ratios on a given ownership, they may however, be built on. F. Income space - Is the encroaching space intended for commercial or other income-producing space. If so, it may require a rental agreement with the City. G. Adopted plans - Considering whether the proposed encroac- hment or vacation is consistent with any adopted plan (i.e. trails, malls, improvement districts, etc.) H. Benefit - Considering whether the encroachment or vacation is beneficial to the City of Aspen. As a general policy, it is not in the City's interest to grant encroachments or vacations, thereby giving public property to private use. New structures should be able to accomplish their various needs within the confines of their property boundaries and required setbacks. Granting of encroachments should generally occur under one of the following conditions: i) To acknowledge an existing conditions and outline the owner's liability and responsibility and responsibility for maintenance and removal of the encroaching structure. ii) To license an encroachment that is a public amenity. Examples may include awnings on commercial structures, planters in the right-of-way, irrigation systems to maintain landscaping, etc. Vacation of public right-of-way should generally occur under the following conditions: iii) It can be demonstrated that the City has not used the right-of-way historically for roadway, utility, or other p~rposes. iv) All affected utilities and governmental agencies do not anticipate a reasonable future need for the right-of-way. RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO CERTIFICATE COUNTY OF PITKIN I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on first reading at a regular meeting of the City Council of the City of Aspen on ~ ~ 1985, and published in the ~$pen Times, a weekly newspaper of general circulation published in the Ci~ of Aspen,Colorado, in its issue of ~ ~ . 1985, and was finally adopted and approved at a regular meeting of the City Council on , published as 1985, and ordered Ordinance No. 4/ , Series of 1985, of said City as provided by law. IN WITNESS WHEREOF, I have hereunto set ~f hand and the seal of said City of Aspen, Colorado this ~ day of 1985. City Clerk -S ~A L Deputy City Clerk