HomeMy WebLinkAboutresolution.council.016-21 RESOLUTION#016,
(SERIES OF 2021)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL PROVIDING
AUTHORIZATION FOR A PRIVATE PARTY TO PURSUE AN AMENDMENT TO
THE CITY OF ASPEN LAND USE CODE.
WHEREAS, pursuant to multiple chapters of Title 26 (Land Use Code) of the City of
Aspen Municipal Code, The Community Development Department is given responsibility to
regulate broad range of development outcomes; and,
WHEREAS, Section 26.310.020, Amendments to the Land Use Code procedure for
amendment, of the Land Use Code allows for the submission of an application for a Land Use
Code Amendment from a private party if authorized by City Council; and,
WHEREAS, Community Development staff received a request related to a proposed
amendment from Chris Bendon of BendonAdams LLC, on behalf of a client, Tri Dal Real Estate,
Ltd; and,
WHEREAS, the Community Development Director has reviewed the request for the
proposed amendment and recommends that an application be authorized; and,
WHEREAS, at a regularly scheduled meeting on February 9, 2021, City Council
considered the request and by a four to zero (4-0)vote,approved Resolution#016, Series of 2021,
authorizing that an application for an amendment can be submitted and reviewed; 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: Authorization for Submission of a Code Amendment Application
A. This resolution authorizes BendonAdams, on behalf of Tri Dal Real Estate, Ltd., to submit an
application for a proposed amendment to the following Land Use Code Sections:
26.312.050—Non-conforming lots of record
26.710.090—Residential Multi-Family (RMF) Zone District
26.710.100—Residential Multi-Family—A(RMFA)Zone District
B. The applicant and staff shall pursue an appropriate community outreach effort on the
proposed code amendment that will include a recommendation to City Council from the
Planning and Zoning Commission on the proposed amendment.
C. The applicant shall submit a deposit for land use review fees, consistent with 26.104.070,
Land Use application fees.
D. The authorization to submit an application does not provide or suggest Council support or
approval for a code amendment, only that an application may be submitted.
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 9th day of February,2021.
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Torre,Mayor
WEST: APPROVED AS TO FORM:
Nicole Henning,eivVF kark /James R True,City Attorney
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