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HomeMy WebLinkAboutresolution.council.106-12 RESOLUTION N0. C'r (SERIES OF 2012) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING LAND USE CODE AMENDMENTS TO THE CERTIFICATES OF AFFORDABLE HOUSING PROGRAM. 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 Certificates of Affordable Housing program; and, WHEREAS, the Public Outreach included a outreach to the Planning and Zoning Commission, the Aspen/Pitkin County Housing Authority Board of Directors, the primary owner of existing Certificates of Affordable Housing, and representatives of potential Certificate applications; and, WHEREAS, the Community Development Director recommends changes to the Certificates Program to permit the exchange of credits between affordable category designations; 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_'_to 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 is to provide a mechanism for certificates to be exchanged between affordable housing category designation. Various non-substantive clean-up are also needed to provide clarity to terms and processes within the program. 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or proceeding now pending under or by virtue of the resolutions or ordinances Resolution No , Series 2012 Page I of 2 repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances.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. �,7 FINALLY,adopted this t 1: - day of ; � l`'''�-Q012. Michael C. Ireland,Mayor ATTEST: APPROVED AS TO FORM: t.. 1 __ ------ — athryn S. Kyh, City Clerk ames R True,City Attorney Resolution No , Series 2012 Page 2 of 2