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HomeMy WebLinkAboutresolution.council.026-13 RESOLUTION N0. 26, (SERIES OF 2013) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING CODE AMENDMENTS TO THE TRASH, UTILITY, AND RECYCLE AREA SECTIONS OF 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 Master Plan process; 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 changes to the trash,utility, and recycle area sections of the land use code; 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 March 18, 2013, the City Council approved Resolution No. 26, Series of 2013, by a four to zero (4— 0) vote, requesting code amendments to the trash, utility, and recycle requirements 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 trash, utility, and recycle provisions in the Land Use Code. 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not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances.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 26, Series 2013—Trash/Utility/Recycle Area Code Amendment Page 1 of 2 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 18th day of March 2013. Michael 4f. Ireland, ayor ATTEST: APPROVED AS TO FORM: Cathryn S. och,City Cler awes R True,City Attorney • Resolution No 26, Series 2013—Trash/Utility/Recycle Area Code Amendment Page 2 of 2