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Home My WebLink Aboutordinance.council.042-76RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 4~ (Series of 1976) AN ORDINANCE AMENDING SECTIONS 2-22(c) (1) , 2-22(c) (2), 20-13(a) , 24-8.10(A), 24-9.6(a), 24-11.3(c) (2) AND 24-11.5(d) (2) SUCH THAT ~t.~ENEVER NOTICE MUST BE GIVEN LANDOt'~ERS IN HEARINGS ON REQUESTS FOR VARIANCES AND IN SUBDIVISION, PUD AND REZONING PROCEEDINGS, THAT SUCH REQUIRED NOTICE MAY BE GIVEN TO O!~NERS OF RESIDENTIAL MULTIFAMILY CONDOMINIUM UNITS BY THE MAILING OF COPIES OF THE REQUISITE NOTICE TO THE ADDRESS OF THE HOME OWNERS' ASSOCIATION RATHER THAN EACH OWNER INDIVIDUALLY WHEREAS, the City Council is of the opinion that the mail- ing of public hearing notices to individual condominium unit owners prior to the holding of various types of public hearings is very time consuming and expensive, and the same objective can be substantially achieved at reduced expense by contracting home owners' associations as opposed to each unit owner directly, THEREFORE, DE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 2-22, subsection (c) (1) of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: (1) For application for variances and appeals relating to the use requirements of the zon- ing laws of the city, written notice of such hearing shall be sent by first class mail at least ten (10) days, or delivered personally at least five (5) days, prior to the hearing date, to owners of property within three hundred (300) feet of the property in question. Owners of residential multifamily condominium units may be served by mailing pr serving) sufficient copies of any such notice (one for each owner) to the record address of their home owners' association. If any such notice is given to any federal, state, county or municipal government or school or service district or other governmental or quasi-governmental agency, or to residential multifamily condominium unit owners through their home owners' association, it shall be sent by first class mail or delivered personal- ly at least fifteen (15) days prior to the hear- ing date. Eection 2 That Section 2-22, subsection (c) (2) of the Municipal RECORD OF PROCEEDINGS 100 Leaves Code of the City of Aspen, Colorado, is hereby amended to read as follows: (2) For applications for variances not relating to the use requirements of the zoning laws of the city, a written notice of such hearing shall be sent by first class mail at least ten (10) days, or delivered personally at least five (5) days, ?rior to the hearing date to owners of property adjacent to the property in question. Owners of residential multi- family condominium units may be served by mail- ing (or serving) sufficient copies of any such required notice (one for each owner) to the record address of their home owners' association. If any such notice is given to any federal, state, county or municipal government or school or service district or other governmental or quasi- governmental agency, or to residential multifamily condominium unit owners through their home owners' association, it shall be sent by first class mail or delivered personally at least fifteen (15) days prior to the hearing date. Section 3 That Section 20-!3, subsection (a) of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: (a) Notices of the time and place of hearing on a proposed preliminary plat shall be mailed, at least ten (10) days prior thereto, to the owners of land immediately adjacent to the area proposed to be platted. Owners of residential multifamily condominium units may be served by mailing sufficient copies of any such required notice (one for each owner) to the record address of their home owners' association fifteen (15) days prior to the hearing date. The names and addresses of the adjacent owners and home owners' associations shall be supplied by the applicant as herein provided. Public notice of the time and place of the hearing on the proposed subdivision shall also be given by advertising the same at least once five (5) days prior to the hearing in a newspaper of general circulation in Pitkin County. Section 4 That Section 24-3.10, subsection A of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: RECORD OF PROCEEDINGS 100 Leaves A. Notices of the time and place of a public hearing on a proposed preliminary plan shall be mailed, at least ten (10) days prior there- to, to the owners of land immediately adjacent to the area proposed to be developed as a PUD. Owners of residential multifamily condominium units may be served by mailing sufficient copies of any such required notice (one for each owner) to the record address of their home owners' association fifteen (15) days prior to the public hearing. ?he names and addresses of the adjacent owners and home owners' associations shall be supplied by the applicant as hereinabove provided. Public notice of the time and place of the hear- ing on the proposed PUD plan shall also be given by advertising the same at least once five (5) days prior to the hearing in a newspaper of general circulation in Pitkin County. Section 5 That Section 24-9.6(a) of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: (a) For proposed amendments to the zoning district map designating, amending or rescinding an H, Historic Overlay District, a notice of the required joint public hearing shall be publish- ed once in a newspaper of general circulation in the city at least fifteen (15) days prior to the hearing, and a written notice of said joint hearing shall be sent by first class mail at least fifteen (15) days prior to the joint public hearing date to the owner or owners Of the property included within said amendment. Owners of residential multifamily condominium units may be served by mailing sufficient copies of any such required notice (one for each owner) to the record address of their home owners' association. ~ection 6 That Section 24-11.3, subsection (c) (2) of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: (2) A written notice of said hearing shall be sent by first class mail at least fifteen (15) days prior to the hearing date to property owners within the area of the proposed change and within three hundred (300) feet thereof. Owners of residential multifamily condominium units may be served by mailing sufficient copies of any such required notice (one for each owner) to the record address of their home owners' association. Section 7 That Section 24-11.5, subsection (d) (2) of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read -3- RECORD OF PROCEEDINGS 100 Leaves as follows: (2) A written notice of said hearing shall be sent by first class mail at least fifteen (15) days prior to the hearing date to property owners within the area of proposed change and within three hundred (300) feet thereof. Owners of residential multifamily condominium units may be served by mailing sufficient copies of any such required notice (one for each owner) to the record address of their home owners' association. Section 8 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions or applications of this ordinance are declared to be severable. Section 9 A public hearing be held on this ordinance on ~~, 1976, at 5:00 P.M. before the City Council in the Council Chambers, City Hall, Aspen, Colorado, fifteen (15) days prior to which hear- lng public notice of the same shall be published once in a news- paper of general circulation within Pitkin County. INTRODUCED, READ ~D ORDERED published as provided by law by the City Council of the City of Aspen, at its regular meeting /-% held ..~W~ /~ , 1976. ATTEST: STA ~ ATTEST: STACY ~ANDLEY, I II ,~/MAYOR i~LATHRY~/S. HAUTER, CITY CLERK by: MARGUERITE WILSON, Deputy City Clerk RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ) COUNTY OF PITKIN ) ss · CERTIFICATE I, Kathryn S. Hauter, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on .'--*--'*~{**~c~.~ :~.., reading at a regular meeting of the City Council: of the City of Aspen on.~'~ /~ 197 ~, and published in the Aspen Times, a weekly newspaper of general circulation, published in tke City of Aspen, Colorado, in its issue of ~-7 / ~- , 197 and was finally adopted and approved at a regular meeting of the City Council on ~/~&~j~ ~ , 197__ and ordered published as Ordinance No. ~Q~ , Series of 197~-.~, of said City, as provided by law. IN WITNESS W/~.EREOF, I have hereunto set my hand and the seal of said City of Aspen, day of ~ ~L~ , 197__. / Colorado, this I'.atn~n S. Hauter -- City'Clerk