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HomeMy WebLinkAboutordinance.council.006-72RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ (Series of 1972) AN ORDINANCE REPEALING AND REINACTING SECTION 11 OF CHAPTER 24 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, INCREASING THE FEE FOR ZONING CODE AND MAP AMENDMENTS TO FIFTY ($50.00) DOLLARS, CLARIFYING THE PROCEDURE IN AMENDING ZONING DESIGNATIONS, AND PROVIDING FOR A JOINT PUBLIC HEARING BETWEEN THE HISTORIC PRESERVATION COMMITTEE AND THE PLANNING AND ZONING COMMISSION TO REVIEW PROPOSED DESIGNATIONS OF H, HISTORIC OVERLAY DISTRICTS. ASPEN, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLORADO: the City of Aspen is "Sec. (a) ments Section 1: Section I1 of Chapter 24 of the Municipal Code of hereby amended to read as follows: 24-11. Amendments. Petitions, Data Required, Fees: Amend- to Chapter 24 shall be in accordance with the laws of the State of Colorado, and the follow- ing action shall be required prior to any City Council public hearing: 1. Petition to amend Chapter 24 may be initiated by the City Council or the City Planning and Zoning Commission. 2. Petitions to amend the "Zoning District Map" may be initiated by the City Council, the City Planning and Zoning Commission and the Historic Preservation Committee or by a real property owner in the area to be in- cluded in the proposed amendment. 3. Applications to change the text of this Chapter or the "Zoning District Map" shall be made to the Planning and Zoning Commission at least seven (7) calendar days prior to its appearance on the agenda and setting of the date for a public hearing before said Commission. RECORD OF PROCEEDINGS 100 Leaves 4. Applications to change the "Zoning District Map" shall include an accurate survey map of the area included in the proposed change, the names and addresses of all owners of real property in the area proposed for change and any additional information the Planning and Zoning Commission requires. The application shall be signed by a real property owner in the area included in the application, unless initiated by the City Council, the Planning and Zoning Commission or the Historic Preservation Committee. If additional real property is included other than that owned by the applicant, a petition in favor of the amendment, signed by real property owners representing eighty (80%) percent of the land area included in the application, shall accompany the application. 5. Study and recommendation following a public hearing on the proposed amendment by the Planning and Zoning Commission and, if applicable, study and comment by the Historic Preservation Committee shall be forwarded to the City Council. 6. For any proposed amendment to the "Zoning District Map," a fee of Fifty ($50.00) Dollars plus publication costs shall be charged to cover processing of the application. (b) Planning and Zoning Commission Public Hearing: before submitting a report and recommendation on any proposed amendment to Chapter 24 or to the "Zoning District Map" other than one to designate, amend or rescind H, Historic Overlay Districts, the Planning and Zoning Commission shall hold a public hearing on the proposed amendment with the following con- ditions required: -2- RECORD OF PROCEEDINGS 100 Leaves 1. For any change to the text of Chapter 24 or the "Zoning District Map," other than amendments to designate, amend or rescind H, Historic Overlay Districts, a notice of said hearing shall be published once in a newspaper of general circulation in the City at least fifteen (15) days prior to the hearing date. 2. For proposed amendments to the"Zoning District Map," other than amendments to designate, amend or rescind H, Historic Overlay Districts, a written notice of said hearing shall be sent by first class mail at least fifteen (15) da~s prior to the hearing date to property owners within the area in question and within three hundred (300) feet of the area in question (except that no such notice shall be required pursuant to initial zoning of a newly annexed area or pursuant to rezoning of any area which is sponsored and initiated by the city). (c) Planning and Zoning Commission/Historic Preservation Committee-Joint Public Hearing: before submitting its report and recommendation on amend- ments to designate, amend or rescind H, Historic Overlay Districts, the Planning and Zoning Commission shall together with the Historic Preservation Committee hold a joint public hearing on said amendments. Following said public hearing the Planning and Zoning Commission shall forward its Report and recommendations to the City Council along with the report and comments of the Historic Preservation Committee. The following conditions -3- RECORD OF PROCEEDINGS 100 Leaves shall be required with regard to said joint public hearing: 1. For proposed amendments to the "Zoning District Map" designating, amending or rescinding H, Historic Overlay District, a notice of the required joint public hearing shall be pub- lished once in a newspaper of general cir- culation in the City at least fifteen (15) days prior to the hearing, and a written notice of said joint public 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. 2. A quorum of the Historic Preservation Committee shall be present at the joint public hearing. If a quorum of the Historic Preservation Committee is not present, the hearing shall be cancelled and the amendment procedure rescheduled. (d) City Council Public Hearing: before any change to the text of this Chapter or the "Zoning District Map" the City Council shall hold a public hearing after at least fifteen (15) days notice of time and place of such hearing shall have been published in a newspaper of general circulation in the City.~ Section 2. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid pro- visions or application, and to this end the provisions of this ordinance are declared to be severable. -4- RECORD OF PROCEEDINGS 100 Leaves Section 3. A public hearing on the ordinance shall be held at ~"~z//~P~ /??oz~ at ~-~ P.M. in the City Council Chambers, City Hall Building, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen, Colorado, on the ~7 day of ~ , 1972. ATTE ST: CITY CLERK of ATTEST: FINALLY ADOPTED, PASSED AND APPROVED this m¥OR CITY CLERK day STATE OF COLORADO) ) ss COUNTY OF PITKIN ) ed in ation, CERTIFICATE ~.~, Lorraine Graves, City Cler~i 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 City of Asoen on March 27 Today the Aspen ~m~m, a weekly newsoa~er of general ci'-cul- of the City Council of the ,1~72__, and -ublish- Colorado, in its and was finally the City of Asoen, , 1~72 ~ ublzshed in issue of March 29 adopted and anoro~ed at a regular meeting of the City Council on April 10 6 law. ,1972 ,and ordered .ublished , Series of 1972, of said City, as as Ordinance No. I have hereunto set my hand and Colorado, this 10th 1')7 2. orovided by IN WITNESS ~THEREOF, the seal of said City of Asnen~ day of April ~ SEAL Lorraine GraVe~ ~ Cler!~