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HomeMy WebLinkAboutresolution.council.004-15 RESOLUTION NO. 4, (SERIES OF 2015) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING AMENDMENTS TO MISCELLANEOUS SUPPLEMENTAL REGULATIONS OF THE LAND USE CODE. WHEREAS, pursuant to Section 26.310.020(A), the Community Development Department received an application from Aspen Club Lodge Properties, LLC, represented by Vann Associates, requesting a code amendment to allow certain right-of-way vacations that occurred prior to 1975 to be included in floor area calculations; and — WHEREAS, the Community Development Director recommended changes to the miscellaneous supplemental regulations 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 12, 2015, the City Council approved Resolution No. 4, Series of 2015, by a four to zero (4 — 0) vote, authorizing the Applicant to request and the Community Development Director to process code amendments to the miscellaneous supplemental regulations 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, implementing policies to bolster the City of Aspen's short-term bed base has been a City Council priority, including a Top Ten Goal for the past two (2)years; and, WHEREAS, the City Council finds that this Resolution implements the City's goals related updating and bolstering the short-term bed base, as articulated in the 2012 Aspen Area Community Plan; 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 code amendments is to update the calculations and measurements section in the Land Use Code, specifically the method of floor area calculation for vacated rights-of-way. The following are the proposed changes: 1. Include vacated rights-of way in the calculation of floor area if they occurred prior to 1975, and are located in the Lodge zone district. Resolution No.4, Series 2015 Page 1 of 2 Section 2• City Council directs staff to conduct the following public outreach prior to Second Reading of any code amendments: a. Planning&Zoning Commission referral b. Informational outreach through the Community Development Newsletter c. Direct outreach to affected property owners Section 3: 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 4• 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 12ffi day of January 2015. Steven Ska ron; layor ATTEST: APPROVED AS TO FORM: Linda Manning, City Clerme�RTruv,City Attorney Resolution No.4, Series 2015 Page 2 of 2