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HomeMy WebLinkAboutresolution.council.069-14 RESOLUTION N0. 69, (SERIES OF 2014) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING AMENDMENTS TO THE MIXED USE ZONE DISTRICT OF THE LAND USE CODE. WHEREAS, pursuant to Section 26.310.020(A), the Community Development Department received direction from City Council to explore options to further the City Council Goal that "By August 31, 2014 help ensure the livability of Aspen for future generations by identifying strategies to expand business diversity and enhance business sustainability;" and, WHEREAS,pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach to commercial real estate brokers, the Historic Preservation Commission, and the Planning and Zoning Commission; and, WHEREAS, the Community Development Director recommended changes to the Mixed Use Zone District 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 May 27, 2014, the City Council approved Resolution No. 69, Series of 2014, by a 4 to 0 vote, requesting code amendments to the Mixed Use Zone District 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 and Direction The objective of the proposed Land Use code amendments is to support business diversity and sustainability by amending the Mixed Use Zone District to allow retail/restaurant uses for historic and non-historic buildings. 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or proceeding now pending under or by virtue of the resolutions or ordinances Resolution No.69,Series 2014 Page 1 of 2 repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances.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 27th day of May 2014. Steven Ska ron,Mayor ATTEST: APPROVED AS TO FORM: i', �q � �---_ inda Manning,City Clerl ames R True,City Attorney Resolution No. 69,Series 2014 Page 2 of 2