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HomeMy WebLinkAboutresolution.council.051-26RESOLUTION #051 SERIES OF 2026 A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL ADOPTING POLICIES AUTHORIZING AMENDMENTS TO THE LAND USE CODE RELATED TO ELECTRIFICATION 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, buildings account for the largest portion of the Aspen community's emissions at 47%; and, WHEREAS, in January 2023, City Council directed staff to create an Electrification Task Force to research and provide recommendations for a comprehensive building electrification roadmap; and, WHEREAS, across -departmental working group made up of Planning, Building, Environmental Health and Sustainability, Engineering, Parks, and Utilities Departments have worked through the Electrification Task Force to identify sections and topics for an energy code update within the Municipal Codes and, WHEREAS, pursuant to Section 26.310.020(A), the Community Development Director recommends Council consider amending the following sections to better coordinate a comprehensive update: Section 26.104.100 — Definitions, Section 26.415 — Historic Preservation, Sec. 26.435.050 - Mountain View Plane Review, Section 26.575.020 — Calculations and Measurements, as well as take into consideration the Historic Preservation Guidelines and Commercial Design Standards which may be updated via resolution, and other related sections as necessary; and, WHEREAS, opening the Land Use Code sections as described will allow staff to further explore policy outcomes that advance Council's goal of removing barriers to electrification in existing City codes and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on May 12, 2026, the City Council approved Resolution #051, Series of 2026, by a five to zero (5-0) 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 public outreach, present to the Planning and Zoning Commission and Historic, Preservation Commission, and continue to coordinate with other departments to ensure comprehensive updates throughout the Municipal Code; and, Resolution #051, Series of 2026 Land Use Code Amendments Policy Resolution Page 1 of 2 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: Topics for Consideration City Council approves the following areas for a possible code amendment as it is related to electrification: 1. The City will treat historically designated properties differently. 2. The City will create options for site planning and design accommodation for setback and height regulations. With outcomes based on policy direction for the following topics: 3. Should the City treat existing and new development differently? 4. Should the City consider floor area? Section 2: Existing Litigation 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: Severability 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 12th day off, 2026 Rachael Richards, Mayor TTEST: A Resolution #051, Series of 2026 Land Use Code Amendments Policy Resolution Page 2 of 2