HomeMy WebLinkAboutordinance.council.022-95
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ORDINANCE 22
Series 1995
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN AMENDING
THE ASPEN MUNICIPAL CODE TO WIT, CHAPTERS:
24-3-101 Definitions: Building Envelope, Satellite Dish Antenna,
Fence, site specific Development Plan
24-5-20I, 24-5-202, 24-5-203, 24-5-205, 24-5-206, 24-5-206.1,
24-5-206.2, 24-5-207, 24-5-208, 24-5-209, 24-5-210, 24-5-211,
24-5-212, 24-5-213, 24-5-214, 24-5-215, 24-5-216, 24-5-217,
24-5-218, 24-5-219, 24-5-220 Individual Zone Districts,
Conditional Uses
24-5-506 Domestic Animals
24-5-511 Supplemental RegUlations: Landscape Maintenance
24-5-512 Supplemental RegUlations: Satellite Dish Antennas
24-5-702 Calculation of Affordable Housing Impact Fee
24-7-503 8040 Greenline Review
24-7-504 Stream Margin Review
24-7-804 Specially Planned Area Insubstantial Amendments
24-7-907 Planned Unit Development Insubstantial Amendments
24-7-1001 Subdivision: Purpose
24-7-1003 Subdivision Exemptions: Lot Splits and Lot Line
Adjustments
24-7-1004 Subdivision Review Standards
24-7-1005 Subdivision Agreement: Condominium Plat Recordation
24-7-1006 Amendment to Subdivision Development Order
WHEREAS, Section 24-7-1103 of the Municipal Code provides that
amendments to Chapter 24 of the Code, to wit, "Land Use
Regulations", shall be reviewed and recommended for approval by the
Community Development Director and then by the Planning and Zoning
commission at public hearing, and then approved, approved with
conditions, or disapproved by the city Council at public hearing;
and
WHEREAS, the Community Development Department has determined
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that certain sections of the land use regulations which are in need
of updating for current situations, are unclear, or in need of
refinement in order to codify Planning Office policies which have
been effected over time; and
WHEREAS, the Planning and Zoning commission reviewed the
proposed amendments and did conduct a public hearings thereon on
February 21, March 21, and April 4, 1995; and
WHEREAS, upon review and consideration of the text amendments,
agency and public comment thereon, and those applicable standards
as contained in Chapter 24 of the Municipal Code, to wit, Division
11 of Article 7 (Text Amendments), the Planning and Zoning
commission has recommended approval of the text amendments
recommended by the Community Development Director pursuant to
procedure as authorized by section 24-6-205 (A) (5) of the Municipal
Code; and
WHEREAS, the Aspen city Council has reviewed and considered
the text amendments under the applicable provisions of the
Municipal Code as identified herein, has reviewed and considered
those recommendations and approvals as granted by the Planning and
Zoning Commission, and has taken and considered public comment at
public hearing; and
WHEREAS, the city Council finds that the text amendments meet
or exceed all applicable development standards and is consistent
with the goals and elements of the Aspen Area Community Plan; and
WHEREAS, the City Council finds that this Ordinance furthers
and is necessary for public health, safety, and welfare; and
WHEREAS, the city Council finds that the proposed text
amendment will allow and promote compatibility of zone districts
and land uses with existing land uses and neighborhood
characteristics and will be consistent with the public welfare and
the purposes and intent of the Municipal Code.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN COLORADO:
Section 1: Pursuant to Section 24-7-1102 of the Municipal Code,
the city Council finds as follows in regard to the text amendments:
1.
The proposed text amendments as set forth in the Plan are not
in conflict with the provisions of Chapter 24 of the Municipal
Code or the Aspen Area Community Plan.
The proposed text amendments will promote the public interest
and character of the City of Aspen.
2.
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section 2: section 3-101 of Chapter 24 of the Aspen Municipal Code
a new definition for "building envelope" is hereby added, which new
text shall read as follows:
Building envelope is that area on a lot which encompasses all
development including but not limited to excavation, fill,
grading, storage, demolition, structures, building heights,
decks, roof overhangs, porches, patios and terraces, pools,
any areas of disturbance, access ways and parking. Approved
plantings of landscape materials on natural grade and approved
walkways and driveways may occur outside of a building
envelope. Otherwise, all areas outside of a building envelope
shall remain in pristine and untouched condition unless
approved by the Community Development Director.
For purposes of site specific development plans, building
envelopes may be established to restrict development to
protect slopes, important vegetation, water courses, privacy
or other considerations. Building envelopes shall be
described on recorded plats, site specific development plans,
ordinances, resolutions, and building permit site plans.
section 3: Section 3-101 of Chapter 24 of the Aspen Municipal Code
definition of "fence" is hereby amended, which new text shall read
as follows:
Fence means a structure, including berms, which serves as a
barrier intended to prevent escape or intrusion, to mark a
boundary, to shield or screen view, or to serve any similar
purpose. Fences shall be permitted in every zone district
provided that no fence shall exceed six (6) feet above natural
grade. Fences visible from the public right-Of-way shall be
constructed of wood, stone, wrought iron or masonry. On
corner lots, no fence, retaining wall, or similar object shall
be erected or maintained which obstructs the traffic vision,
nor on corner lots shall any fence, retaining wall, or similar
obstruction be erected or maintained which exceeds a height
of forty-two (42) inches, measured from street grade, within
30 feet from the paved or unpaved roadway. Plans showing
proposed construction, material, location and height shall be
presented to the building inspector before a building permit
for a fence is issued.
Additionally, foliage shall be placed and maintained so that
it will not obstruct vehicular visibility at intersections.
Section 4: Section 3-101 of Chapter 24 of the Aspen Municipal COde
definition of "satellite dish antenna" is hereby amended, which
new text shall read as follows:
satellite dish antenna or satellite radio frequency signal
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reception and/or transmission device means a dish-shaped or
parabolic-shaped reception or transmission device, is used for
the reception and/or transmission of satellite signals,
including but not limited to television signals, AM radio
signals, FM radio signals, telemetry signals, data
communication signals, or any other reception or transmission
signals using free air space as a medium, whether for
commercial or private use, provided:
A. Area and bulk requirements. The installation of a
satellite dish antenna shall not cause a violation of
area and bulk requirements within the zone district in
which it is located, unless a variance is granted by the
board of adjustment.
B. Right-Of-way. A satellite dish antenna shall not be
placed on an easement or in the city right-of-way, unless
an encroachment permit is secured.
C. Increased danger. The installation of a satellite dish
antenna shall not cause any increased danger to
neighboring property in the event of collapse or other
failure of the antenna structure.
D.
Visual impact. The visibility of the dish from the
public way shall be reduced to the highest degree
practical including, but not limited to, sensitive choice
in placement of the dish, screening with fencing,
landscaping, subgrade placement, or any other effective
means that both screen the dish and does not appear to
be unnatural on the site.
Section 5: Section 3-101 of Chapter 24 of the Aspen Municipal Code
definition of "site specific development plan" is hereby amended,
which new text shall read as follows:
site specific development plan means a plan which has been
submitted to the Community Development Department by a
landowner or his representative describing with reasonable
certainty the type and intensity of use for a specific parcel
or parcels of property. Such plan may be in the form of, but
need not be limited to, a planned unit development (PUD) ,
subdivision, specially planned area (SPA), growth management
exemption, environmentally sensitive area review, conditional
use, special review, or historic landmark review. A variance
shall not constitute a site specific development plan. site
specific development plan shall not mean or include any
conceptual or preliminary plan as defined in this chapter.
Section 6: The following Sections of Chapter 24 of the Aspen
Municipal Code "Conditional Uses" are hereby amended to delete
"satellite dish antennae":
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24-5-201.C.7., 24-5-202.C.7., 24-5-203.C.7., 24-5-205.C.7.,
24-5-206.C.7., 24-5-206.1.C.6., 24-5-206.2.C.3., 24-5-207.C.5.,
24-5-208.C.ll., 24-5-209.C.7., 24-5-210.C.4., 24-5-211.C.8.,
24-5-212.C.I0., 24-5-213.C.6., 24-5-214.C.3., 24-5-215.C.2.,
24-5-216.C.3., 24-5-217.C.7., 24-5-218.C.4., 24-5-219.C.5.,
24-5-220.C.3.
section 7: The following section of Chapter 24 of the Aspen
Municipal Code is hereby deleted:
section 5-506. Domestic Animals
section 8: section 5-511 of Chapter 24 of the Aspen Municipal Code
is hereby added, which new text shall read as follows:
section 5-511. Landscape Maintenance
A. Landscaping shown on any approved site development plan
shall be maintained in a healthy manner for a minimum three
(3) year period. In the event that plant material dies, the
owner of the property shall replace the plant material with
similar quality within 45 days of notification by the Zoning
Enforcement Officer. If seasonal or cultural constraints do
not allow planting of the approved plant material within 45
days the owner may in writing seek permission from the
Community Development Director to:
1) Provide financial assurances equal to 120% of the amount
of the replacement landscaping and installation costs as
approved by the Parks Department, and in a form
satisfactory to the city Attorney. The completion of the
landscape replacement shall be accomplished no late than
June 15 of the next planting season, otherwise the
financial assurances shall be forfeited to the city.
2) Submit for approval a revised landscape plan.
Failure to comply with the replanting requirement will
constitute a violation of this section and may result in
complaint(s) being filed in Municipal Court
section 9: section 5-512 of Chapter 24 of the Aspen Municipal Code
is hereby added, which new text shall read as follows:
section 5-512. Satellite Dish Antennas
Satellite dish antennas twenty-four (24) inches in
diameter or less must receive building permits, if required,
prior to installation. Prior to the issuance of appropriate
building permits, satellite dish antennas twenty-five (25)
inches or greater in diameter shall be reviewed and approved
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by the community Development Director in conformance with the
criteria within Sections 7-304 (B) and (C). The Community
Development Director may apply reasonable conditions to the
approval deemed necessary to insure conformance with said
review criteria. If the Community Development Director
determines that the proposed satellite dish antennas does not
comply with the review criteria and denies the application,
or the applicant does not agree to the conditions of approval
determined by the Community Development Director, the
applicant may apply for conditional use review by the Planning
and Zoning commission.
Procedures established in Article 6 Common Development Review
Procedures shall apply to all satellite dish antennas.
section 10: section 5-702 of Chapter 24 of the Aspen Municipal
Code is hereby amended, which new text shall read as follows:
section 24-5-702 Calculation of affordable housing impact fee.
The amount of the affordable housing impact fee is based on
the public cost to provide affordable housing as a result of
the activity for which the fee is required. The formula shall
utilize the cash-in-lieu payment established from time to time
by the Aspen/Pitkin County Housing Office for moderate income
employees and the square footage of new floor area constructed
as a result of the demolition of a single family or duplex
dwelling unit or the construction of a new single family or
duplex dwelling unit on a previously vacant lot (the floor
area of a demolished dwelling shall be subtracted from the
floor area of the replacement dwelling unit), or the remodel
or expansion of an existing single family residence into a
duplex dwelling. The formula assumes that for every three
thousand (3,000) square feet of new single family or duplex
floor area that the public will be required to provide housing
for one moderate income employee. The formula to be applied
shall be as follows:
(average of cash-in-lieu amount for Category 2 and 3)
- (3,000)
X (net increase in FAR of new structure)
= cash-in-lieu payment for replacement structure
section 11: section 7-503.C.l1. of Chapter 24 of the Aspen
Municipal Code "8040 Greenline" is hereby amended, which new text
shall read as follows:
section 24-7-503.C.
11) Any trail on the parcel designated on the Aspen Area
Community Plan: Parks/Recreation/Open Space/Trails Plan map
is dedicated for public use. Provide access to natural
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resources and areas of special interest to the community.
section 12: section 7-504 of Chapter 24 of the Aspen Municipal
Code "Stream Margin Review" is hereby amended, which new text shall
read as follows:
section 24-7-504. stream Margin
No development shall be permitted within the floodway, with
the exception of bridges or structures for irrigation,
drainage, flood control or water diversion, which may be
permi tted by the ci ty Engineer, provided plans and
specifications are submitted to demonstrate that the structure
is engineered to prevent blockage of drainage channels during
peak flows and the Commission determines the proposed
structure complies, to the extent practical, with all the
standards set forth below.
No development shall be permitted within one hundred feet
(100'), measured horizontally, from the high water line
of the Roaring Fork River and its tributary streams, or
within the Special Flood Hazard Area where it extends
beyond one hundred feet (100') from the high water line
of the Roaring Fork River and its tributary streams,
unless the Commission makes a determination that the
proposed development complies with all the standards set
forth below:
1. It can be demonstrated that any proposed develop-
ment which is in the Special Flood Hazard Area will
not increase the base flood elevation on the parcel
proposed for development. This shall be
demonstrated by an engineering study prepared by a
professional engineer registered to practice in the
state of Colorado which shows that the base flood
elevation will not be raised, including, but not
limited to, proposing mitigation techniques on or
off-site which compensate for any base flood
elevation increase caused by the development; and
2. Any trail on the parcel designated on the Aspen Area
Community Plan, Parks/Recreation/Open Space/Trails
Plan map, or areas of historic public use or access
are dedicated via a recorded easement for public
use. Dedications are necessitated by development's
increased impacts to the city's recreation and trail
facilities including public fishing access; and
3.
The recommendations of the Roaring Fork Greenway
Plan are implemented in the proposed plan for
development, to the greatest extent practicable; and
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4.
There is no vegetation removed or damaged or slope
grade changes (cut or fill) made outside of a
specifically defined building envelope. A building
envelope shall be designated by this review and said
envelope shall be barricaded prior to issuance of
any demolition, excavation or building permits. The
barricades shall remain in place until the issuance
of Certificates of Occupancy; and
5. The proposed development does not pollute or
interfere with the natural changes of the river,
stream or other tributary, including erosion and/or
sedimentation during construction. Increased on-
site drainage shall be accommodated within the
parcel to prevent entry into the river or onto its
banks. Pools or hot tubs cannot be drained outside
of the designated building envelope; and
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6.
Written notice is given to
Conservation Board prlor to
relocation of a water course,
notice is submitted to the
Management Agency; and
the Colorado Water
any alteration or
and a copy of said
Federal Emergency
7.
A guarantee is provided in the event a water course
is altered or relocated, that applies to the
developer and his heirs, successors and assigns that
ensures that the flood carrying capacity on the
parcel is not diminiShed; and
8.
Copies are provided of all necessary federal
state permits relating to work within the
hundred (100) year floodplain; and
and
one
9. There is no development other than approved native
vegetation planting taking place below the top of
slope or within 15' of the top of slope or the high
waterline, whichever is most restrictive. This is
an effort to protect the existing riparian
vegetation and bank stability. If any development
is essential within this area, it may only be
approved by special review pursuant to section 7-
404 D. of this Article 7 (refer to Figure "A" below
for illustrative purposes) ; and
10. All development outside the 15' setback from the top
of slope does not exceed a height delineated by a
line drawn at a 45 degree angle from ground level
at the top of slope. Height shall be measured and
determined by the Zoning Officer utilizing that
definition set forth at section 3-101 of this
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Chapter 24 (refer to Figure
illustrative purposes); and
"An
below for
11. A landscape plan is submitted with all development
applications. Such plan shall limit new plantings
(including trees, shrubs, flowers, and grasses)
outside of the designated building envelope on the
river side to native riparian vegetation; and
12. All exterior lighting is low and downcast with no
light(s) directed toward the river or located down
the slope; and
13. site sections drawn by a registered architect,
landscape architect, or engineer are be submitted
showing all existing and proposed site elements, the
top of slope, and pertinent elevations above sea
level; and
14. There has been accurate identification of wetlands
and riparian zones.
Figure "A"
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river
Development Allowed within
Progressive Height Limit
15' Setback
NO DEVELOPMENT
section 13: section 7-804.E.1. of Chapter 24 of the Aspen
Municipal Code "Specially Planned Area Insubstantial Amendment" is
hereby amended, which new text shall read as follows:
7-804 E.l. SPA Insubstantial Amendments
An insubstantial amendment to an approved development order
for a final development plan may be authorized by the
Community Development Director. The following shall not be
considered an insubstantial amendment:
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a)
A change in the use or character of the development.
b) An increase by greater than three (3) percent in the
overall coverage of structures on the land.
c) Any amendment that substantially increases trip
generation rates of the proposed development, or the
demand for public facilities.
d) A reduction by greater than three (3) percent of the
approved open space.
e) A reduction by greater than one (1) percent of the off-
street parking and loading space.
f) A reduction in required pavement widths or right-of-way
for streets and easements.
g)
greater than two (2)
leasable floor area
percent in the
of commercial
An increase of
approved gross
buildings.
h) An increase by greater than one (1) percent in the
approved residential density of the development.
i)
Any change which is inconsistent with a condition or
representation of the proj ect' s original approval or
which requires granting of a further variation from the
project's approved use or dimensional requirements.
section 14: section 7-907.A. of Chapter 24 of the Aspen Municipal
Code "Planned unit Development Insubstantial Amendment" is hereby
amended, which new text shall read as follows:
section 24-7-907.A. PUD Insubstantial Amendments
An insubstantial amendment to an approved development order
for a final development plan may be authorized by the
Community Development Director. The following shall not be
considered an insubstantial amendment:
a) A change in the use or character of the development.
b) An increase by greater than three (3) percent in the
overall coverage of structures on the land.
c) Any amendment that substantially increases trip
generation rates of the proposed development, or the
demand for public facilities.
d)
A reduction by greater than three (3) percent of the
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approved open space.
e)
A reduction by greater than one (1) percent of the off-
street parking and loading space.
f) A reduction in required pavement widths or right-of-way
for streets and easements.
g)
An increase of
approved gross
buildings.
greater than two (2) percent in the
leasable floor area of commercial
h) An increase by greater than one (1) percent in the
approved residential density of the development.
i) Any change which is inconsistent with a condition or
representation of, the project's original approval or
which requires granting of a further variation from the
project's approved use or dimensional requirements.
section 15: section 7-1001 of Chapter 24 of the Aspen Municipal
Code, "Subdivision, Purpose" is hereby amended by adding a new
section "h", which new text shall read as follows:
section 7-1001. Purpose.
The purpose of this division is to :
A. Assist in the orderly and efficient development of the
City;
B. Ensure the proper distribution of development;
c. Encourage the well-planned subdivision of land by
establishing standards for the design of a subdivision;
D. Improve land records and survey monuments by establishing
standards for surveys and plats;
E. Coordinate the construction of public facilities with the
need for public facilities;
F. Safeguard the interests of the public and the subdivider
and provide consumer protection for the purchaser;
G. Acquire and ensure the maintenance of public open spaces
and parks; and
H. Provide procedures so that development encourages the
preservation of important and unique natural or scenic
features, including but not limited to mature trees or
indigenous vegetation, bluffs, hillsides or similar geologic
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features, or edges of rivers and other bodies of water; and
I. Promote the health, safety and general welfare of the
residents of the City of Aspen.
Section 16: Sections 7-1003.A.2.b. and d. of Chapter 24 of the
Aspen Municipal Code "Lot Split" are hereby amended, and new
Sections 7-1003.A.2.e., 7-1003.A.2.f. and 7-1003.A.2.g. are added,
which new text shall read as follows:
Section 7-1003 Exemptions (A) (2) Lot Split.
a. The land is not located in a subdivision approved by
either the Pitkin County Board of County Commissioners
or the city Council, or the land is described as a metes
and bounds parcel which has not been subdivided after
adoption of subdivision regulations by the City of Aspen
on March 24, 1969; and
b. No more than two (2) lots are created by the lot split,
both lots conform to the requirements of the underlying
zone district. Any lot for which development is proposed
will mitigate for affordable housing pursuant to Section
8-104 (A) (1) (c) .
c.
The lot under consideration, or any part thereof, was not
previously the subject of a subdivision exemption under
the provisions of this article or a "lot split" exemption
pursuant to section 8-104(C) (1) (a); and
d. A subdivision plat which meets the terms of this
division, and conforms to the requirements of this
chapter, is submitted and recorded in the office of the
Pitkin County clerk and recorder after approval,
indicating that no further subdivision may be granted for
these lots nor will additional units be built without
receipt of applicable approvals pursuant to this article
and growth management allocation pursuant to Article 8.
e. Recordation. The subdivision exemption agreement and plat
shall be recorded in the office of the Pitkin County
clerk and recorder. Failure on the part of the applicant
to record the plat within one hundred and eighty (180)
days following approval by the city Council shall render
the plat invalid and reconsideration of the plat by the
City Council will be required for a showing of good
cause.
f.
In the case where an existing single family dwelling
occupies a site which is eligible for a lot split, the
dwelling need not be demolished prior to application for
a lot split.
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g.
Maximum potential buildout for the two parcels created
by a lot split shall not exceed three units, which may
be composed of a duplex and a single family home.
Section 17: Section 7 -1 0 0 3 . A. 1. d. of Chapter 24 of the Aspen
Municipal Code, review criteria for "Lot Line Adjustment" is hereby
amended, which new text shall read as follows:
d. "The corrected plat will meet the standards of this
division, and conforms to the requirements of this chapter,
including the dimensional requirements of the zone district
in which the lots are located, except in cases of an existing
non-conforming lot, in which the adjustment shall not increase
the nonconformity of the lot. The plat shall be submitted and
recorded in the office of the Pitkin County clerk and
recorder. Failure to record the plat within a period of one
hundred and eighty (180) days following approval shall render
the plat invalid and reconsideration of the plat by the
Planning Director will be required before its acceptance and
recording; and
Section 18: Section 7-1004.C.4. of Chapter 24 of the Aspen
Municipal Code "Subdivision Design Standards" is hereby amended to
add a new section "h", which text shall read as follows:
h. The design and location of any proposed structure,
building envelope, road, driveway, trail or similar
development is compatible with significant natural or
scenic features of the site.
Section 19: Section 7-1005.E. of Chapter 24 of the Aspen Municipal
Code "Subdivision Agreement Recordation" is hereby amended, which
new text shall read as follows:
E. Recordation. The subdivision exemption agreement and plat
shall be recorded in the office of the Pitkin county clerk and
recorder. Failure on the part of the applicant to record the
plat wi thin one hundred and eighty (180) days following
approval by the city Council shall render the plat invalid and
reconsideration of the plat by the commission and city council
will be required by for a showing of good cause.
Section 20: Section 7-1006.A. of Chapter 24 of the Aspen Municipal
Code "Amendment to Subdivision Development Order" is hereby
amended, which new text shall read as follows:
A. Insubstantial amendment. An insubstantial amendment to an
approved plat or between adjacent subdivision plats may be
authorized by the Community Development Director. An
insubstantial amendment shall be limited to technical or
engineering considerations first discovered during actual
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development which could not reasonably be anticipated during
the approval process, or any other minor change to a plat
which the community Development Director finds has no effect
on the conditions and representations limiting the approved
plat.
section 21:
This Ordinance shall not affect any existing
litigation and shall not operate as an abatement of any action or
proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be
conducted and concluded under such prior ordinances.
section 22: 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 23: The city Clerk shall cause notice of this Ordinance
to be published in a newspaper of general circulations within the
City of Aspen no later than fourteen (14) days following final
adoption hereof.
section 24: That the city Clerk is directed, upon the adoption of
this ordinance, to record a copy of this ordinance in the office
of the Pitkin county Clerk and Recorder.
section 25: A public hearing on the Ordinance shall be held on the
j~ day of ...-L~ 1995 at 5: 00 in the city council Chambers,
Aspen city Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
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~;::e~ty Council
, 1995.
of the City of Aspen on the ~~
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John Bennett, Mayor
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K~t~r~~4. Koch, city CI:'k
FINALLY, adopted, passed and approved this 02~
, 1995.
day of
day of
John Bt:t, ~~
Kathryi,
city Clerk
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