HomeMy WebLinkAboutresolution.apz.006-08RESOLUTION N0. DOIo
(Series of 2008)
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE
CITY OF ASPEN, COLORADO, RECOMMENDING THAT CITY COUCIL
ADOPT AMENDMENTS TO SECTION 26.208.020 OF THE ASPEN
MUNICIPAL CODE REGARDING QUORUM AND NECESSARY VOTE.
WHEREAS, Section 26.208.020 sets forth the voting requirements of the City Council for
the consideration of land use applications under Title 26; and
WHEREAS, the current language within that section creates a possibility that a land use
application could receive a vote that is deemed no action and continued indefinitely without
action; and
WHEREAS, the City Attorney's Office recommends approval of the proposed addi-
tions and amendments to Section 26.208 of the Municipal Code as described herein; and,
WHEREAS, the amendments to the Land Use Code are delineated as follows:
• Text being removed is bold and strikethrough.
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• Text being added is bold and underline. Text being added looks -ike this.
• Text which is not highlighted is not affected; and
WHEREAS, the amendments proposed herein are consistent with the Standards of Re-
view set forth in Section 26.310.040; and
WHEREAS, the Planning and Zoning Commission held a public hearing to con-
sider the proposed amendments to the above noted Chapter and Section on January 22,
2008, took and considered public testimony and the recommendation of the Community
Development Director and recommended, by a 4-2 vote, that City Council adopt the pro-
posed amendments to the land use code by amending the text of the above note Chapters
and Sections of the Land Use Code, as described herein.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT:
Section 1: Pursuant to Section 26.310 of the Municipal Code, the City of Aspen Planning
and Zoning Commission hereby recommends to the Aspen City Council that it amend Sec-
tion 26.208, Quorum and Necessary Vote to read as follows:
Sec. 26.208.020. Quorum and necessary vote.
In accordance with the City Charter, any action by the City Council reearding an application
submitted to the City Council pursuant to this Title 26 that places any burden upon or limits
the use of private property shall be by ordinance and shall require the affirmative vote of a ma-
jority ofthe entire City Council for final passage. Resolutions and motions shall require the
affirmative vote of a majority of the members present. A motion for the adoption of an ordi-
nancethat receives less than ~ three (3) votes in favor shall constitute a failed mo-
tionand . " '' n t. ''' '' c :,,,,t """
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shall be deemed a denial of the application. No further action on the part of the City Council
shall be required.
Section 2: Severability.
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 3. Existing Litigation.
This ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
INTRODUCED, READ AND APPROVED by the Commission during a public hearing on
2008.
ATTEST:
r l~l~
ckie Lothian, epnty City Clerk
APPROVED AS (TAO FORM:
James R. True, Special Counsel