HomeMy WebLinkAboutresolution.council.052-19 RESOLUTION NO. 52,
(SERIES OF 2019)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING
AMENDMENTS TO THE LAND USE CODE FOR APCHA REFERRALS
WHEREAS, pursuant to Section 26.310.020(A), the Community Development
Department received direction from City Council to draft a Land Use Code amendment to
eliminate language regarding Aspen/Pitkin County Housing Authority (APCHA) review
and recommendation requirements for land use applications, in order to respond to recent
amendments to the City of Aspen and Pitkin County Intergovernmental Agreement (IGA)
that changes the makeup of the APCHA Board and potentially creates a conflict of interest
for City Council members; and,
WHEREAS,pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach through the Community Development Newsletter
and the City Council conducted work session discussions,prior to the adoption of the 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 May 13th, 2019,the City Council approved Resolution No. 52, Series of 2019,by
a five -zero (5-0)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 l: Code Amendment Objective and Direction
The objective of the proposed Land Use Code amendment is to eliminate any potential
conflict of interest between the Aspen City Council and APCHA in the review of land use
applications by deleting references to APCHA Board review and recommendation
requirements and replacing with references for compliance with the APCHA Guidelines.
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repealed or amended as herein provided,and the same shall be conducted and concluded under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.
Resolution No. 52, Series 2019
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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.
FINALLY,adopted this 13t`day of May, 2019.
Steven Ska on,Ma ✓
ATTEST: APPROVED AS TO FORM:
)?Linda Manning,City Clerl aures R True, City Attorney
Resolution No. 52, Series 2019
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