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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is provided by the City and applicants for land use actions; and WHEREAS, certain provisions of the code aze either outdated or have potential of creating some confusion within the public as to the time and date of the consideration of an application; and WHEREAS, the City Attorney's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: ~--yam--' -'""'~-_ James R. True, Special Counsel PLANNING AND ZONING