HomeMy WebLinkAboutresolution.council.171-23RESOLUTION #171
SERIES OF 2023
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL ADOPTING
POLICIES AUTHORIZING AMENDMENTS TO THE LAND USE CODE
RELATED TO GROWTH MANAGEMENT DEMOLITION ALLOTMENTS.
WHEREAS, pursuant to Section 26.310.020(A), a Policy Resolution is required to
initiate the process of amending the City of Aspen Land Use Code; and,
WHEREAS, pursuant to Section 26.310.020(A), during a work session on June
12, 2023 the Community Development Department received direction from City Council
to pursue improvements to the application process for Growth Management Demolition
Allotments; and,
WHEREAS, the Community Development Director recommends Council consider
potential changes to the Growth Management Quota System (26.470), and other sections of
the Land Use Code as necessary for coordination,
WHEREAS, a proposed Land Use Amendment targeted to improvements to the
application process for GMQS Demolition Allotments, described in 26.470.090.C, is
proposed to be adopted in 2023 and any changes would apply to 2024 Demolition Allotments;
and,
WHEREAS, City Council has reviewed the proposed code amendment policy
direction, and fords it meets the criteria outlined in Section 26.310.040; and,
WHEREAS, amending the Land Use Code as described below will ensure the
ongoing effectiveness and viability of the regulations within the City of Aspen Land Use
Code; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public
hearing on November 28, 2023, the City Council approved Resolution #1715 Series of 20235
by a 3 to 2 vote, requesting a code amendment to the Land Use Code; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Depattrnent, following approval of this Policy Resolution will conduct a limited public
outreach effort to inform the public, property owners, and members of the development
community; 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.
Resolution 171-2023
Land Use Code Amendment
Policy Resolution
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1: Policy Resolution Outcomes
City Council approves the following objectives for a possible code amendment:
1. Bring improved clarity to the application process for GMQS Demolition Allotments
described in 26.470.090.C.2.c.
2. Reduce the administrative challenges related to the "first come, first serve" policy in
the current code.
3. Improve fairness and transparency of the application process by reducing the
opportunity and incentive for applicants to game the application system under a "first,
come, first serve" application process.
4. Council expressed that there is a desire to potentially consider additional 2024 GMQS
Demolition Allotments.
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 28th day of November, 2023.
Torre, Mayor
ATTEST:
r
Nicole Henning, Ci
Clerk
APPROVED AS TO FORM:
times R True, City Attorney
Resolution 171-2023
Land Use Code Amendment
Policy Resolution
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