HomeMy WebLinkAboutresolution.council.013-15 RESOLUTION NO. 13,
(SERIES OF 2015)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING AMENDMENTS
TO ESTABLISH LIMITS ON DIMENSIONAL AND OTHER VARIATIONS THAT MAY BE
REQUESTED BY A LAND USE APPLICANT.
WHEREAS, pursuant to Section 26.310.020(A), the Community Development Department
received direction from City Council to explore code amendments related to establishing limits on the
amount of variation from Land Use Code requirements an Applicant may request prior to triggering an
automatic public vote (referendum) on the project; and,
WHEREAS, the Community Development Director recommended changes to the Land Use Code
and/or City Charter to implement City Council's direction; 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 26, 2015, the City Council approved Resolution No. 13, Series of 2015, by a five to zero (5 — 0)
vote, requesting code amendments to establish limits on dimensional and other variations that may be
requested by a land use Applicant; and,
WHEREAS, this Resolution does not amend the Land Use Code or City Charter, but provides
direction to staff for processing amendments to the Land Use Code and/or City Charter; and,
WHEREAS, the City Council finds that this Resolution implements the City's goals related to
creating a clearer and more predictable land use review process, 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
City Council herby directs staff to process amendments to the City Land Use Code and/or City Charter to
create more clarity and predictability in the land use review process by:
• Establishing limits on the dimensional and affordable housing variations that may be requested by.
an Applicant; and
• Establishing thresholds for when an automatic public vote (referendum) would occur on a land use
application that requests a variation from Land Use Code requirements.
• Designating the Planning&Zoning Commission as the City's Board of Adjustment.
Resolution No. 13, Series 2015
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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 26t`day of January 2015.
Steven Skadron Mayor
ATTES APPROVED AS TO FORM:
Linda Manning, City Clerk aures R True,City Attorney
Resolution No. 13, Series 2015
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