HomeMy WebLinkAboutresolution.apz.004-82RESOLUTION OF THE ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING AMENDMENTS TO SECTION
24-12.5 OF THE ASPEN MUNICIPAL CODE
Resolution No. 82 - 4
WHEREAS, Section 24-12.5 of the Aspen Municipal Code provides that rezoning
applications by private landowners may be heard only during October of each
year while rezoning applications initiated by the Planning and Zoning Commission
or City Council may be heard at any time during the year, and
WHEREAS, the Aspen Planning and Zoning Commission believes that it will
be helpful to private applicants to be aware in advance of a set of evaluation
criteria which would comprise part of the review of any rezoning application,
and
WHEREAS, the Aspen Planning and Zoning Commission does wish to formalize
these criteria by including them in the Aspen Municipal Code, and
WHEREAS, the Aspen Planning and Zoning Commission did consider proposed
amendments to Section 24-12.5 of the Municipal Code at a public hearing on
April 6, 1982 which would establish criteria for evaluating rezoning applica-
tions and which make certain other regulatory reforms.
NOW, THEREFORE, BE IT RESOLVED that the Aspen Planning and Zoning Commission
does recommend that City Council adopt the following language as a revision to
Section 24-12.5 of the Aspen Municipal Code:
Sec. 24-12.5. Application by private landowners.
(a) Rezoning applications by private applicants shall be heard by the
planning and zoning commission only during meetings scheduled by the
commission for this purpose in the month of October of each year, provided,
however, that applications submitted pursuant to Article VII of this
chapter, concerning Specially Planned Areas and Article X of this chapter,
concerning Residential Bonus Overlay, may be heard at any time during the
year. Public notice by one publication in a newspaper of general circulation
within the city that rezoning applications are being accepted shall be
made not later than July 15th of each year.
(b) Applications to rezone shall be submitted prior to August 15th of
each year. Such application shall include an accurate survey map of the
area included in the proposed change, and, in addition, must include:
(1) The names and addresses of all owners of real property within the
area of the proposed change;
(2) The names and addresses of all owners of real property within
three hundred feet (300') of the area of the proposed change;
(3) The signature of the applicant, who shall be an owner of real
property in the area of the proposed change;
(4)
A petition in favor of the amendment, signed by real property
owners representing eighty (80) per cent of the land area incl
in the application, if property other than that owned by the
applicant is affected.
uded
(c) The planning and zoning commission shall hold a public hearing on
the rezoning application provided that notice of such hearing shall be
given as follows:
(1) Notice shall be published once in a newspaper of general circulation
in the city at least fifteen (15) days prior to the hearing date.
(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. Onwers 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 homeowners' association.
(d) In reviewing the rezoning application, the planning and zoning
commission hearing shall consider, but not be limited to, the following
evaluation criteria as they may apply to the particular application under
consideration:
(1)
Compatibility of the rezoning proposal with the surrounding zone
districts and land use in the vicinity of the site, considering
the existing neighborhood characteristics, the applicable area
and bulk requirements, and the suitability of the site for development
in terms of on-site characteristics.
(2)
Impacts of the rezoning upon expected traffic generation and road
safety, availability of on- and off-street parking and ability to
provide utility service in the vicinity of the site, including an
assessment of the fiscal impact upon the community of the proposed
rezoning.
(3) Impacts of the rezoning upon expected air and water quality in
the vicinity of the site.
(4)
Analysis of the community need for the proposed rezoning, including,
whenever the planning commission shall deem it necessary, a
market feasibility analysis, and an assessment of the relationship
of the rezoning proposal to the goal of overall community balance.
(5) Compatibility of the proposed rezoning with the Aspen Area General
Plan of 1966, as amended.
(6)
Whether practical difficulties or unnecessary hardship can be
documented as a result of strict interpretation of current zoning
requirements for the site.
(7)
Whether the proposed rezoning will promote the health, safety and
general welfare of the residents and visitors to the city of
Aspen.
(e) Following the close of the public hearing, the planning and zoning
commission shall forward to the city council a report and recommendation
on the rezoning application.
Approved by the Planning and Zoning Commission of the City of Aspen at
its regular meeting on April 20, 1982.
ATTEST:
ASPEN PLANNING AND ZONING COMMISSION
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