HomeMy WebLinkAboutordinance.council.040-03ORDINANCE NO. 4O
Series of 2003
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN
AMENDMENT TO CHAPTER 26 AND SECTION 26.304 OF THE CITY OF ASPEN
MUNICIPAL CODE (COMMON DEVELOPMENT REVIEW PROCEDURES)
WHEREAS, the community development department proposes an application for
an amendment to Title 26 of the City of Aspen Municipal Code; and,
WHEREAS, pursuant to Section 26.310 of the Aspen Municipal Code,
applications to amend the text of Title 26 shall be reviewed and recommended for
approval, approval with conditions, or denial by the community development department
and then by the Planning and Zoning Commission at a public hearing. Final action shall
be by the City Council after reviewing and considering these recommendations; and
WHEREAS, community development department finds that the proposal
complies with the applicable review criteria and recommends approval; and,
WHEREAS, the Planning and Zoning Commission finds that the amendment
meets or exceeds all applicable development review standards and that the approval for
the amendment is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, during a duly noticed pubic hearing on August 5, 2003, the Planning
and Zoning Commission heard the recommendation of the community development
department, took public comment and approved the amendment to the Aspen Land Use
Code in Resolution No. 15 by a six to zero (6 to 0) vote; and
WHEREAS, THE City of Aspen City Council has reviewed and considered the
Amendment to the Land Use Code under the applicable provisions of the Municipal Code
as identified, herein, has reviewed and considered the recommendation of the community
development department, the Planning and Zoning Commission, and has taken and
considered public comment at a public hearing; and
WHEREAS, the City of Aspen City Council finds that the application for the
Amendment to the Land Use Code meets or exceeds all applicable standards and that the
approval of the Amendment to the Land Use Code is consistent with the goals and
elements of the Aspen Area Community Plan; and,
WHEREAS, the City of Aspen City coUncil finds that this Ordinance furthers and
it is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1.
That Section 26.304.030(F) shall be added as follows:
F. No Multiple Applications. The City of Aspen shall not accept or review
more than one development application concurrently on any one property or
portion of a property. To submit a new application on a property, any active
development application must be vacated.
Section 2:
This Ordinance shall not effect 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 3:
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 4:
A public hearing on the Ordinance shall be held on the 8th day of September, 2003, 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,
by the C~ity Council of the City of Aspen on the 11th day of August 2003.
Attest:
FINALLY, ADOPTED, pASSED' ~D APPROVED this 8th day of September, 2003.
ATTEST