HomeMy WebLinkAboutresolution.council.105-12 RESOLUTION N04G
(SERIES OF 2012)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING
LAND USE CODE AMENDMENTS TO THE ACCESSORY DWELLING UNIT
PROGRAM AND TO GROWTH MANAGEMENT REQUIREMENTS
REGARDING SINGLE-FAMILYAND DUPLEX DEVELOPMENT.
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach to gain feedback from the community on
potential code changes to the Accessory Dwelling Unit Program and growth management
requirements for residential redevelopment projects;
WHEREAS, the Public Outreach included a outreach to the Planning and Zoning
Commission and the Aspen/Pitkin County Housing Authority Board of Directors; and,
WHEREAS, the Community Development Director recommends changes to the
ADU program and to eliminate ADUs as an option for mitigating the impacts of residential
redevelopment; 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 November 12, 2012, the City Council considered the recommendation of the
Community Development Director, comments offered by the public, and approved this
resolution by a_a to CC=) (_-_j vote; 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
The objective of the proposed amendment to Accessory Dwelling Unit program is to reduce
mitigation options to those that provide actual housing commensurate with the impact being
mitigated. Because ADUs do not require occupancy, the impact of new development is not
being mitigated by the production of ADUs. Restricting mitigation options to those more
directly tied to actual housing will offset the actual impacts of residential redevelopment.
Section 2•
Resolution No , Series 2012
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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repealed or amended as herein provided, and the same shall be conducted and concluded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.
FINALLY, adopted this day of
Michael C. Ireland,Mayor
ATTEST: APPROVED AS TO FORM:
/(.0 L / fit
athryn S. Koc City Clerk ames R True, City Attorney
Resolution No , Series 2012
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