HomeMy WebLinkAboutordinance.council.052-85 ORDINANCE NO. ~__
(Series of 1985)
AN ORDINANCE AMENDING VARIOUS PROVISIONS OF CHAPTER 20 (SUBDIVI-
SION) AND CHAPTER 24 (ZONING) OF THE MUNICIPAL CODE ~BY REPEALING
AND REENACTING SECTION 20-10(d) BY REQUIRING THAT PUBLIC NOTICE BE
GIVEN FOR SUBDIVISION CONCEPTUAL PRESENTATION BEFORE cITY COUNCIL,
REPEALING AND REENACTING ARTICLE VIII, SECTION 24-8.8 BY REQUIRING
THAT PUBLIC HEARING NOTICE BE GIVEN FOR PUD CONCEPTUAL PRESENTA-
TION BEFORE CITY COUNCIL, REPEALING AND REENACTING SECTIONS
20r13(a), 24-8.10(a), 24-7.5(b), 24-12.3(c)(2), 24-12.5(c)(2),
2-22(c)(1), AND 2-22(c)(2) BY REMOVING THE PROVISION THAT CONDO-
MINIUM ASSOCIATIONS MAY BE SERVED WITH PUBLIC HEARING NOTIFICATION
FOR THE CONDOMINIUM OWNERS, SPECIFYING ACCEPTABLE SOURCES OF PRO-
PERTY OWNERS' NAMES AND ADDRESSES, AND ADDING THE REQUIREMENT FOR
LAND USE APPLICANTS TO PROVIDE A LIST OF AND ADDRESSED ENVELOPES
FOR PROPERTY OWNERS ENTITLED TO PUBLIC HEARING NOTIFICATION
WHEREAS, the City Council deems it to be in the best inter-
ests of the City of Aspen to amend various provisions of Chapter
20 (Subdivision) and Chapter 24 (Zoning) of the Municipal Code to
provide for notice and a public hearing at conceptual stage sub-
division and PUD review by the City Council, and to also require
direct notice to condominium unit owners; and
WHEREAS, having received and considered the recommendation of
the Planning and Zoning Commission, the City Council desires to
amend various provisions of Chapter 20 and Chapter 24' of the
Municipal Code as hereinbelow provided.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That Section 20-10(d) of the Municipal Code of the City of
Aspen be and the same is hereby repealed and reenacted to read as
follows:
"(d) Within thirty days of receipt of the planning commission
recommendation the City Council shall provide notice of
a public hearing in accordance with the requirements of
Section 20-13. The City Council shall approve, dis-
approve, or approve with modifications the conceptual
presentation within thirty (30) days of the close of the
public hearing. Failure of the City Council to act
within said thirty (30) days shall be deemed approval,
unless the applicant waives this requirement and con-
sents to an extension. If the plan is disapproved,
reasons for such disapproval shall be stated in the
minutes. If the recommendation is for approval subject
to modifications, the nature of the required modifica-
tions shall also be indicated in the minutes."
Section 2
That subsection 8.8 of Chapter 24 of the Municipal Code of
the City of Aspen be and same is hereby repealed and reenacted to
read as follows:
"Sec. 8.8 Conceptual presentation -- City Council public
hearing.
Within thirty (30) days of receipt of the planning commission
recommendation, the City Council shall notice the application
for public hearing in accordance with the requirements of
Section 24-8.10. The City Council shall approve, disapprove,
or approve with modifications the conceptual presentation
within thirty (30) days following the close of the public
hearing. Failure of the City Council to act within thirty
(30) days shall be deemed approval, unless the applicant
waives this requirement and consents to an extension. If the
plan is disapproved, reasons for such disapproval shall be
stated in the minutes. If the recommendation is for approval
subject to modifications, the nature of the required modifi-
cations shall also be indicated in the minutes. Approval by
the City Council shall lapse unless a preliminary plan is
submitted pursuant to the provisions of Section 24-8.11 with-
in six (6) months of final approval."
Section 3
That subsection "(a)" of Section 20-13 of the Municipal Code
of the City of Aspen be and the same is hereby repealed and
reenacted to read as follows:
"(a) Notices of the time and place of hearing on a proposed
preliminary plat shall be mailed not less than ten (10)
days prior thereto, to the owners of the land immedi-
ately adjoining the area proposed to be platted. A list
and stamped pre-addressed envelopes with the names and
addresses of owners of adjoining land shall be supplied
as they appear upon plats or records in the County Clerk
and Recorder's Office and on the tax records of Pitkin
County. At least fifteen (15) days' notice of the time
and place of such hearing shall be published in a paper
of general circulation in the City."
Section 4
That subsection (a) of Section 24-8.10 of the Municipal Code
of the City of Aspen be and the same is hereby repealed and reen-
acted to read as follows:
"(a) Notice of the time of hearing on a proposed preliminary
plan shall be mailed, at least ten (10) days prior
thereto, to the owners of the land immediately adjoining
the area proposed to be developed as a PUD. A list and
stamped pre-addressed envelopes with the names and
addresses of the owners of adjoining land shall be sup-
plied by the applicant as they appear upon plats or
records in the Pitkin County Clerk and Recorder's Office
and on the tax records of Pitkin County. At least fif-
teen (~5) days' notice of the time and place of such
hearing shall be published in a paper of general circu-
lation in the City."
Section 5
That subsection (b) of Section 24-7.5 of the Municipal Code
of the City of Aspen be and the same is hereby repealed and reen-
acted to read as follows:
"(b) Following the submission of the application and its
certification as complete by the Planning Director, the
Planning Commission shall hold a public hearing on the
precise plan. Notice of the hearing shall be published
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once in a newspaper of general circulation in the City
at least fifteen (15) days prior to the hearing date. A
list and stamped pre-addressed envelopes with the names
and addresses of all property owners within the area of
the proposed development plan and within three hundred
(300) feet of the property shall be supplied as the
names and addresses appear upon plats or records in the
Pitkin County Clerk and Recorder's Office and on the tax
records of Pitkin County. The applicant shall post a
sign meeting the specifications of Section 2-22(c)(3) on
the property noticing the public hearing at least ten
(10) days prior to the hearing date."
Section 6
That subsection (c)(2) of Section 24-12.3 of the Municipal
Code of the City of Aspen be and the same is hereby repealed and
reenacted 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 hear-
ing date to property owners within the area of the pro-
posed change and within three hundred (300) feet there-
of."
Section 7
That subsection (c)(2) of Section 24-12.5 of the Municipal
Code of the City of Aspen be and the same is hereby repealed and
reenacted 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 hear-
ing date to property owners within three hundred (300)
feet thereof. A list and stamped pre-addressed
envelopes with the names and addresses of all property
owners within the area of the proposed rezoning and
within three hundred (300) feet of the property proposed
to be rezoned shall be supplied as the names and
addresses appear upon plats or records in the Pitkin
County Clerk and Recorder's Office and on the tax
records of Pitkin County."
Section 8
That subsections (c)(1) and (2) of Section 2-22 of the
Municipal Code of the City of Aspen be and the same are hereby
repealed and reenacted to read as follows:
"(1) For application for variances and appeals relating to
the use requirements of the zoning laws of the City,
public notice shall be given by the posting of a sign in
a conspicuous place on the premises for which applica-
tion has been made at least ten (10) days prior to the
hearing date and by written notice 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. A list and stamped pre-
addressed envelopes with the names and addresses of
owners shall be supplied as the names and addresses
appear upon plats or records in the Pitkin County Clerk
and Recorder's Office and on the tax records of Pitkin
County. If any such notice is given to any federal,
state, county or municipal government or school or ser-
vice district or other governmental or quasi-govern-
mental agency, it shall be sent by first-class mail or
delivered personally at least fifteen (15) days prior to
the hearing date.
(2) For application for variances and appeals not relating
to the use requirements of the zoning laws of the City,
public notice shall be given by the posting of a sign in
a conspicuous place on the premises for which applica-
tion has been made at least ten (10) days prior to the
hearing date and by written notice 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. A list and stamped pre-
addressed envelopes with the names and addresses of
owners shall be supplied as the names and addresses
appear upon plats or records in the Pitkin County Clerk
and Recorder's Office and the tax records of Pitkin
County. If any such notice is given to any federal,
state, county or municipal government or school or ser-
vice district or other governmental or quasi-govern-
mental agency, it shall be sent by first-class mail or
delivered personally at least fifteen (15) days prior to
the hearing date."
5
Section 9
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional by any ~urt 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 10
A public hearing on the ordinance shall be held on the J~
day of ~z~ , 1985, at 5:00 P.M. in the
City Council Ch~bers, Aspen City Hall, Aspen, Colorado, 15 days
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 _~day of __~ , 1985.
~' ~ Ma o
~TTEST:
FINALLY adopted, passed and approved on the /~/~ day of
William L. Stifling, Ma~or
ATTEST:
RECORD OF PROCEEDINGS 100 Leaves
STATE OF COLORADO CERTIFICATE
COUNTY OF PITKIN
I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby
certify that the above and foregoiRg ordinance was introduced,
read in full, and passed on first reading at a regular meeting of
the City Council of the City of Aspen on ,
1985, and published in the Aspen Times, a weekly newspaper of
general circulation published in the City of Aspen,Colorado, in
its issue of ~ _~ 1985, and was finally
adopted and approved at a regular meeting of the City Council on
~ , 1985, and ordered published as
Ordinance No. '~-~ , Series of 1985, 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 _~/--~W_~ day of
~-~ 1985.
Kathryn ~/Koch, City Clerk
SEAL
Deputy City Clerk