HomeMy WebLinkAboutresolution.council.126-17 RESOLUTION NO. 126
SERIES OF 2017
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL TO AMEND THE
LAND USE CODE
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, on January 23 and 30, 2017 Council approved Ordinances 29, 30,
31, 32 and 33, Series 2017 as part of the Aspen Area Community Plan-Land Use Code
coordination process; and,
WHEREAS, the aforementioned ordinances contained limited errors and
omissions which require Council approval to remedy; and,
WHEREAS, the 2012 Aspen Area Community Plan identifies the lodging sector
of the economy as essential to ensuring the economic sustainability of the City; and,
WHEREAS, the 2012 Aspen Area Community Plan includes policies related to
the diversification and preservation of the lodging sector bed base in the City of Aspen;
and
WHEREAS, aspects of the definition and standards for lodge were not addressed
in the 2016 Aspen Area Community Plan-Land Use Code coordination process; and,
WHEREAS, the Community Development Department conducted research into
best practices regarding the definition and permitting of lodge uses to aid in the drafting
of revised regulations; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach with the Planning & Zoning Commission and
Small Lodge Preservation Program participants regarding the amendments to the code;
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 to achieve City Council's policy and regulatory goals; 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 September 25, 2017, the City Council approved Resolution No. 126, Series of
2017, by a vote of (-5— to �), requesting code amendments to the Land Use Code;
and,
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Resolution No. 126, Series 2017
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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: Code Amendment Objective
The objectives of these code amendments are to:
1. Ensure that the Moratorium ordinances deliver the policies identified in the Aspen
Area Community Plan and regulatory outcomes identified by Council.
2. Remedy typographical errors and omissions from recently adopted legislation to
ensure effective administration and clear comprehension of City regulations.
3. Improve the clarity and utility of the definitions and standards for lodge uses.
4. Strengthen Commercial Design Regulations by providing clear processes for
administrative and non-administrative review of small-scale projects.
Section 2: Code Amendment Direction from the Planning and Zoning Commission
The Planning and Zoning Commission provided the following general direction in work
sessions related to these code amendments:
1. Develop code amendments which clarify regulations and improve ease of use for
city boards and commissions, staff, applicants, and the community.
2. Provide an administrative-level Commercial Design Review process for minor
alterations of non-historic structures in-line with that provided for historic properties.
3. Revise regulations to provide for the ongoing health and vibrancy of the lodging
sector.
4. Ensure that various lodge use types are accounted for in the Land Use Code.
5. Provide City Council and Boards and Commissions with the regulatory tools
necessary to assess the appropriateness of lodge types in different zone districts.
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
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FINALLY, adopted this 25"' Day of September,2017.
Steven Skadron, Mayor
ATTEST: APPROVED AS TO FORM:
Linda Manning,City Clerl ur ,City Attorney
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