HomeMy WebLinkAboutresolution.council.080-24SERIES OF 2024
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL ADOPTING
POLICIES AUTHORIZING AMENDMENTS TO THE LAND USE CODE
RELATED TO FEES, CERTIFICATES OF AFFORDABLE HOUSING CREDITS,
GROWTH MANAGEMENT QUOTA SYSTEM DEMOLITION ALLOTMENTS,
RESPONSE TO HOUSE BILL 234255, AND TRASH ENCLOSURES WITHIN
CALCULATIONS AND MEASUREMENTS
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, Section 26.104.070, Land use application fees; Section 26.104.072,
Zoning review fees; Chapter 26.540, Certificates of Affordable Housing Credit; Chapter
26.470, Growth Management Quota System; Section 26.575.020, Calculations and
Measurements and other sections of the Land Use Code as necessary, wi Mll be proposed for
amendments; and,
WHEREAS, pursuant to Section 26.310.020(A), the Community Development
Director recommends Council consider moving the following fee schedules: Land use
application fees (26.104.070) and Zoning review fees (26.104.072), out of the Title 26 -
Land Use Code and into Title 2 — Administration, where all other City of Aspen fee
schedules are located; and,
WHEREAS, pursuant to Section 26.310.020(A), the Community Development
Department received direction from Council on December 12, 2022 to pursue amendments
to the Certificates of Affordable Housing Credits program (26.540) and GMQS (26.470),
in order to bring additional incentives within the Affordable Housing Credits program,
provide clarity in the application of the code provisions to the reality of the Affordable
Housing development context, as well as create new opportunities for the development of
affordable housing; and,
WHEREAS, pursuant to Section 26.310.020(A), during a work session on
February 26, 2024, City Council discussed a framework for possible changes to the GMQS
Demolition Allotment Program (26.470) and gave staff direction to proceed with a policy
resolution; and,
WHEREAS, pursuant to Section 26.310.020(1), during a regular meeting on June
20, 2023, City Council approved Ordinance #Ol 1, Series of 2023 implementing atwo-year
"temporary, non-renewable anti -growth law" in response to HB 234255 to give staff two
years to make necessary edits to Chapter 26.470 — Growth Management Quota System, in
order to bring the text into compliance with the house bill; and,
Resolution #080, Series of 2024
Land Use Code Amendments
Policy Resolution
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WHEREAS, pursuant to Section 26.310.020(A), the Community Development
Director recommends Council consider potential changes to Calculations and Measurements
(26.575.020) to better align requirements for trash enclosures and receptacles with the
requirements within Title 12.10 — Space Allotment for Trash and Recycling Storage and to
pursue best practices for wildlife safety; and,
WHEREAS, amending the Land Use Code as described below will ensure the
ongoing effectiveness, coordination, and viability of the regulations within the City of Aspen
Land Use Codes and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public
hearing on July 23, 2024, the City Council approved Resolution #080, Series of 2024, by a
four to zero (4-0) vote, requesting a code amendment to the Land Use Code; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department, 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1: Land use annlication fees (26.104.0701. Zoning review fees (26.104.072
City Council approves the following objectives for a possible code amendment:
1. Relocate Sections 26.104.070 and 26.104.072 to Title 2 to bring improved clarity and
consistency to the location of fees within the Municipal code.
2. No changes to the fee schedule shall be made, rather this amendment will be for the
sole purpose of code alignment.
Section 2: Growth Management Quota System (26.470) and Certificates of Affordable
Housing Credits chapter (26.540)
City Council approves the following objectives for a possible code amendment:
1. Consider topics identified by Staff and Council to bring greater incentives within the
Affordable Housing Credits program,
identified by Staff and Council to bring new opportunities for the 2. Consider topics
development of Affordable Housing.
Resolution #080, Series of 2024
Land Use Code Amendments
Policy Resolution
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ion 3: Growth Management Quota System —.Demolition Allotments (26.4
City Council approves the following objectives for a possible code amendment:
1. Hold further conversations on a framework for amendments to the GMQS Demolition
Allotments Program,
Section 4: Growth Management Quota System —Residential Allotments (26.470)
City Council approves the following objectives for a possible code amendment:
1. Bring Chapter 26.470 into complete compliance with Colorado House Bill 234255.
Section 5: Calculations and Measurements (26.575.020)
City Council approves the following objectives for a possible code amendment:
1. Make necessary improvements to Section 26.575.020 — Calculations and
Measurements to better align the Land Use Code with Title 12 — Health and Quality
of Environment, and Title 29 — Engineering Design Standards, in regard to trash
enclosures which interaction with bear safety, zone district allowance, setbacks, and
right-of-way encroachment.
Section 6•
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 7•
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 23rd day of July, 2024
Torre,
A'
T:
Nicole Henning, City C
ames R True, City Attorney
Resolution #080, Series of 2024
Land Use Code Amendments
Policy Resolution
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