HomeMy WebLinkAboutresolution.council.013-19 RESOLUTION NO. 13,
(SERIES OF 2019)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING
AMENDMENTS TO THE LAND USE CODE FOR WIRELESS REGULATIONS.
WHEREAS, pursuant to Section 26.310.020(A), the Community Development
Department received direction from City Council to amend the Wireless Regulations
Sections of the Land Use Code to respond to changing state and federal regulations; and,
WHEREAS,pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach to known wireless providers and City Council,
with subsequent public outreach scheduled prior to adoption of and code amendments;
and,
WHEREAS, City Council has reviewed the proposed code amendment policy
direction,and finds it meets the criteria outlined in Section 26.310.040; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public
hearing on February 25, 2019, the City Council approved Resolution No. 13, Series of
2019,by a �) - 7 L-J vote,requesting code amendments to the Land Use Code; and,
WHEREAS, this Resolution does not amend the Land Use Code, but provides
direction to staff for amending the Land Use Code;and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1: Code Amendment Objective and Direction
The objective of the proposed Land Use Code amendment is to bring the Land Use Code
into compliance with state and federal regulations related to wireless facilities.
Section 2•
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 resolutions or ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior resolutions or ordinances.
Section 3•
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.
Resolution No. 13,Series 2019
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FINALLY,adopted this 1a day of 52019.
�1
Steven Skad on, Mayor
ATTEST: APPROVED AS TO FORM:
Linda Manning,City Clerk aures R True,City Attorney
Resolution No. 13, Series 2019
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