HomeMy WebLinkAboutresolution.council.065-10RESOLUTION N0. &
(SERIES OF 2010)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL AFFIRMING AN
ADMNISTRATIVE DECISION BY THE COMMUNITY DEVELOPMENT DIRECTOR
REGARDING AN INSUBSTANTIAL AMENDMENT TO THE RIO GRANDE
SPECIALLY PLANNED AREA.
WHEREAS, the Community Development Director received a Land Use Application
from the City of Aspen, requesting approval for an Insubstantial Special Planned Area (SPA)
Amendment for the Rio Grande SPA, specifically the area containing the Rio Grande Recycle
Center; and,
WHEREAS, pursuant to Section 26.440.090 — Amendment to development order, the
Director rendered a decision of approval; and,
WHEREAS, the Applicant, Toni Kronberg appealed the Directors decision; and,
WHEREAS, the City Council, pursuant to Chapter 26.316, has the authority to affirm
the decision of the Director or modify or reverse the decision upon a finding that there was a
denial of due process, exceeding of jurisdiction, or abuse of authority in rendering the decision;
and,
WHEREAS, the City Council has taken and considered written and oral argument from
Applicant and the Community Development Director, and has found that the Director provided
due process and neither exceeded his jurisdiction or abused his authority in rendering the
Interpretation; and,
WHEREAS, the City of Aspen City Council finds that this Resolution furthers and is
necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED that the City Council affirms the Community
Development Director's decision to approve and Insubstantial SPA Amendment for the Rio
Grande SPA, specifically for the Rio Grande Recycle Center.
This Resolution shall not affect 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any action or proceeding now pending under or by virtue of the ordinances repealed or amended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.
If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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.
APPROVED by the Aspen City Council at its regular meeting on 2010.
(Signatures on following page)
Resolution No. - -, Series of 2010. Page 1
ATTEST-
Kathryn S. Koc " tty Clerk
APPROVED AS TO FORM:
John orcester, City Attorney
If t
f ;
Alp
. 46
Michael . Ireland, Mayor
Resolution No. - -, Series of 2010. Page 2