HomeMy WebLinkAboutresolution.council.066-13 RESOLUTION N0. 66,
(SERIES OF 2013)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING
CODE AMENDMENTS TO THE PLANNED UNIT DEVELOPMENT (PUD) AND
SPECIALLY PLANNED AREA (SPA) CHAPTERS 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 PUD and SPA Chapters in 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 changes to the
PUD and SPA Chapters in 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 January 28, 2013, the City Council approved Resolution No. 66, Series of 2013,
by a three to zero (3 — 0) vote, requesting code amendments to the PUD and SPA Chapters
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 Ob'ective and Direction
The objective of the proposed code amendments is to update the PUD and SPA Chapters in
the Land Use Code to ensure a more predictable process. City Council provided the
following direction related to the code amendment:
• Update and consolidate review standards where possible to eliminate redundancies
and provide greater clarity.
• Establish three (3) levels of amendment process for PUD and SPA: Administrative,
P&Z only, City Council only.
Resolution No 66, Series 2013
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• Amend PUD and SPA to a three (3) step process where Conceptual Review is
binding through a City Council Ordinance:
• Step 1: P&Z review of Conceptual, recommendation to City Council.
• St_ ep 2: City Council review of Conceptual, approval by Ordinance that
establishes all dimensional and use requirements.
• Step 3: P&Z review of Final, approval of final details (ex: exact utility line
placement, building materials, etc) by Resolution. Any changes to height or
floor area dimensions or uses variations established in the Council
Conceptual Ordinance would require City Council review and approval.
Any other dimensional changes could be approved as part of P&Z's final
review.
• Combine PUD and SPA into one chapter.
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.
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 24th day of June 2013.
Steve Skadro ,Mayor
ATTEST: APPROVED AS TO FORM:
Kathryn S. ch, City Clerk ames R True, City Attorney
Resolution No 66, Series 2013
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