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HomeMy WebLinkAboutordinance.council.019-82 RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. \q (Series of 1982) AN ORDINANCE AMENDING SECTION 24-12.5 OF THE ASPEN MUNICIPAL CODE BY THE ADOPTION OF CRITERIA FOR THE EVALUATION OF REZONING APPLICATIONS 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 City Council believes that it will be helpful to private applicants to be aware in advance of any poten- tial application of a set of evaluation criteria which would com- prise part of the review of any rezoning application, and WHEREAS, the Aspen City Council does wish to formalize these criteria by including them in the Aspen Municipal Code, and WHEREAS, the Aspen Planning and Zoning Commission did con- sider proposed amendments to Section 24-12.5 of the Municipal Code at a public hearing on April 16, 1982, which would establish cri- teria for evaluating rezoning applications and which make certain other regulatory reforms, and did recommend in its Resolution 82-4 that City Council adopt said amendments, and WHEREAS, the City Council does wish to accept the recommenda- tions of the Planning and Zoning Commission by the adoption of criteria for the evaluation of rezoning applications. NOW~ THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 24-12.5 of the Aspen Municipal Code, entitled "Application by Private Landowners" be repealed and reenacted as follows: RECORD OF PROCEEDINGS 100 Leaves Sec. 24-12.5.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 months pf April and 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 appli- cations are being accepted shall be made not later than January and July 15th of each year. (b) Applications to rezone shall be submitted prior to Feb- ruary and August 15th of each year. Such application shall include an accurate survey map of the area in- cluded in the proposed change, and, in addition, must include: (1) The names and addresses of all owners of real pro- perty within the area of the proposed change; (2) The names and addresses of all owners of real pro- perty 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 included in the application, if property other than that owned by the applicant is affected. (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 the proposed change and within three hun- dred feet (300') thereof. Owners of residential multi-family 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 consider- ation; although the Commission need not make findings relative to each of these criteria: 2 RECORD OF PROCEEDINGS 100 Leaves (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 charac- teristics. (2) Impacts of the rezoning upon expected traffic gen- eration 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 and an assessment of the relationship of the rezoning proposal to the goal of overall com- munity balance. (5) Compatibility of the proposed rezoning with the Aspen Area General Plan of 1966, as amended. (6) 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 applica- tion. Section 2 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 3 A public hearing on the ordinance shall be held on the ~ day of ~~ , 1982, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, 15 days 3 RECORD OF PROCEEDINGS 100 Leaves prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held on the~_~ay of ~_ , 1982. '- ~ ~J ~ Mayor ~Ttt~rcY~eSr~ K°ch6 FINALLY adopted, passed and approved on the ~ day of ~aTor ATTEST:~~ ~. Ka~hryn S~; ~ City Clerk~ 4 RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO CERTIFICATE ss COUNTY OF PITKIN I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in fuI1, and passed on ~ reading at a regular, meeting of the City Council of the City of Aspen on ~ , 19 and published in the Aspen Times a weekly newspaper of general circul- ation~ published in the City of Aspen, Colorado, in its issue of ~ ~ , 19~ and was finally adopted and approved at a regular meeting of the City Council on ~ ~ , ].9~, and ordered published as/~3 --- Ordinance ~o. /.~ , Series of 19~3._~, of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this of , Kathyrn S.~och, City Clerk Deputy City Clerk