HomeMy WebLinkAboutresolution.apz.007-08RESOLUTION N0.
(Series of 2008)
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE
CITY OF ASPEN, COLORADO, RECOMMENDING THAT CITY COUCIL
ADOPT AMENDMENTS TO SECTION 26.304.060 OF THE ASPEN
MUNICIPAL CODE REGARDING REVIEW OF A DEVELOPMENT
APPLICATION BY DECISION-MAHING BODIES, SUBSECTION E., PUBLIC
NOTICE.
WHEREAS, Section 26.208.060 sets forth general provisions regazding the review of a
development application bydecision-making bodies under Title 26; and
WHEREAS, Subsection E., of Section 26.208.060 sets forth general provisions regazding
public notice that is provided by the City and applicants for land use actions; and
WHEREAS, certain provisions of the code aze either outdated or have potential of
creating some confusion within the public as to the time and date of the consideration of an
application; and
WHEREAS, the City Attorney's Office and the Community Development Director
recommend approval of the proposed additions and amendments to Section 26.208 of the Mu-
nicipal Code as described herein; and,
WHEREAS, the amendments to the Land Use Code are delineated as follows:
• Text being removed is bold and strikethrough.
this
• Text being added is bold and underline. Text bein¢ added looks like this.
• Text which is not highlighted is not affected; and
WHEREAS, the amendments proposed herein are consistent with the Standards of Re-
view set forth in Section 26.310.040; and
WHEREAS, the Planning and Zoning Commission held a public hearing to con-
sider the proposed amendments to the above noted Chapter and Section on February 5,
2008, took and considered public testimony and the recommendation of the Community
Development Director and recommended, by a 6-0 vote, that City Council adopt the pro-
posed amendments to the land use code by amending the text of the above note Chapters
and Sections of the Land Use Code, as described herein.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT:
Section 1: Pursuant to Section 26.310 of the Municipal Code, the City of Aspen Planning
and Zoning Commission hereby recommends to the Aspen City Council that it amend Sec-
tion 26.304.060 E. Public Notice to read as follows:
Sec. 26.304.060 E. Public Notice.
2. Content of notice. Every notice shall include the name and mailine address of the applicant
and either a phone number or email address of the applicant or its representative, the type of
development application sought, date, time and place of the hearing, a statement that the hear-
ing may becontinued from time to time, the address and legal description of the subject prop-
erty ifapplicable, asummary ofthe development application under consideration and identifi-
cation ofthe decision-making body conducting the hearing and such other information as may
be required to fully apprise the public of the nature of the application.
b. Posting of notice. Posting of notice shall be made by the applicant, who shall obtain a copy
of the form from the Community Development Department. The notice shall be posted at least
fifteen (15) days prior to the initial ublic hearing before the applicable review body, by post-
ing asign in a conspicuous place on the property subj ect to the development application. The
sign shall be made of suitable, waterproof materials, shall be not less than twenty-two (22)
inches wide and twenty-six (26) inches high and shall be composed of letters not less than one
(1) inch in height. Notwithstanding the language of Section 26.304.060 C.S., the applicant
shall maintain this notice on the property throughout the hearings and continuances to the best
of the applicant's ability.
c. Mailing of notice. Mailing of notice shall be made by the applicant, who shall obtain a copy
of the notice from the Community Development Department. The mailing shall contain that
information described in Paragraph E.2 above. At least fifteen (15) days prior to the public
hearing, notice shall be sent by first class, postage prepaid U.S. mail or hand delivered, to all
owners of property within three hundred (300) feet of the property subject to the development
application. The names and addresses ofproperty owners shall be those on the current tax re-
cords of Pitkin County as they appeared no more than sixty (60) days prior to the date of the
public hearing or those provided by the GIS Department of the City of Aspen.
Section 2: Severability.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
Section 3. Existing Litigation.
This ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
INTRODUCED, READ AND APPROVED by the Commission during a public hearing on
2008.
ATTEST:
ackie Lot i, n, Deputy City Clerk
APPROVED AS TO FORM:
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James R. True, Special Counsel
PLANNING AND ZONING