HomeMy WebLinkAboutresolution.council.071-14 RESOLUTION N0. 71,
(SERIES OF 2014)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING
AMENDMENTS TO THE TRANSFERRABLE DEVELOPMENT RIGHTS
CHAPTER OF THE LAND USE CODE.
WHEREAS, pursuant to Section 26.310.020(A)(1), Alan Richman Planning
Services, on behalf of Neil Karbank, submitted a land use application requesting an
amendment to the Transferrable Development Rights Chapter (TDR), Chapter 26.535, of
the Land Use Code; and,
WHEREAS,pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach to the Historic Preservation Commission, and the
Planning and Zoning Commission; and,
WHEREAS, the Community Development Director recommended changes to the
TDR Chapter 26.535 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 June 9, 2014, the City Council approved Resolution No. 71, Series of 2014,
requesting code amendments to the TDR Chapter 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 Obiective and Direction
The objective of the proposed Land Use code amendment is to support the Transferrable
Development Rights program by expanding potential landing sites for the certificates.
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repealed or amended as herein provided, and the same shall be conducted and concluded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. 71, Series 2014
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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 June 9, 2014.
S n,Mayor
ATTEST: APPROVED AS TO FORM:
inda Manning,City Cle k James R True,City Attorney
Resolution No. 71,Series 2014
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