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HomeMy WebLinkAboutresolution.council.015-13 RESOLUTION N0. 15, (SERIES OF 2013) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING CODE AMENDMENTS TO THE EMPLOYEE GENERATION FIGURES IN THE LAND USE CODE. WHEREAS, pursuant to Section 26.310.020(A), the Community Development Department received direction from City Council to explore code amendments related to the Employee Generation figures in the Growth Management Chapter of the Land Use Code; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach with City Council regarding the code amendment; and, WHEREAS, the Community Development Director recommended the Employee Generation figures in Growth Management be updated from the 2002 employee generation study; 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 January 28, 2013, the City Council approved Resolution No.15, Series of 2013, by a five to zero (5 — 0) vote, requesting code amendments to the employee generation figures in 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 The objective of the proposed code amendments is to update the employee generation figures in the Land Use Code to ensure they reflect current employment patterns. 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or proceeding now pending under or by virtue of the resolutions or ordinances Resolution No 15, Series 2013 Page 1 of 2 repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances.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. FINALLY,adopted this 28th day of January 2013. l-3a -2o�3 Michael C. freland,Mayor ATTEST: APPROVED AS TO FORM: Kathryn S och, City Clerk James R True,City Attorney Resolution No 15, Series 2013 Page 2 of 2 RESOLUTION N0. 14 (SERIES OF 2013) A RESOLUTION OF THE ASPEN CITY COUNCIL ESTABLISHING THE "CARRY-FORWARD" GROWTH MANAGEMENT ALLOTMENT FOR 2013. WHEREAS, pursuant to City of Aspen Land Use Code Sections 26.470.030.D and 26.470.040F, the City Council shall review, during a public hearing, the prior year's growth summary, consider a recommendation from the Community Development Director, consider comments from the general public and shall, via adoption of a resolution, establish the number of unused and unclaimed allotments to be carried forward and added to the annual allotment; and, WHEREAS, pursuant to said sections and considering the following criteria, the Community Development Director has provided a recommendation to carry-forward none of the unused growth management allotments from 2012: 1. The community's growth rate over the preceding five-year period. 2. The ability of the community to absorb the growth that could result from a proposed development utilizing accumulated allotments, including issues of scale, infrastructure capacity, construction impacts and community character. 3. The expected impact from approved developments that have obtained allotments, but that have not yet been built. WHEREAS, during a duly noticed public hearing on January 28, 2013 the City Council considered the recommendation by the Community Development Director, comments from the general public at a public hearing, and the above criteria and approved Resolution No. 14, Series of 2013,by a five to zero(5 —0)vote; and, WHEREAS, the City Council finds that the decision to carry forward none of the unused growth allotments from 2012 meets or exceeds all applicable standards and is consistent with the goals and elements of the Aspen Area Community Plan-, 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, COLORADO: That the City Council carries forward none of the unused growth management allotments from 2012 to be available in 2013. RESOLVED,APPROVED,AND ADOPTED FINALLY this 28th day of January, 2013. Approved as to form: Approved as to content: mes R. True,City Attorney Michael C. Ireland,May Attest: "Ka1hryn S. Ko , City Clerk f 1