HomeMy WebLinkAboutresolution.council.086-20 RESOLUTION#086,
(SERIES OF 2020)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL PROVIDING
DIRECTION ON ENFORCEMENT OF SPECIFIC LAND USE CODE
REGULATIONS RELATED TO ECONOMIC RECOVERY FROM THE
COVID-19 PUBLIC HEALTH CRISIS.
WHEREAS,pursuant to multiple chapters of Title 26(Land Use Code)of the City
of Aspen Municipal Code, The Community Development Department is given
responsibility to regulate and enforce a broad range of development outcomes; and,
WHEREAS, City Council in Resolution # 033, Series of 2020 established six
outcome statements and related objectives for the City of Aspen COVID-19 relief efforts;
and,
WHEREAS, Outcome#4 as stated in Resolution#033, Series of 2020 provided the
following direction to Council and City staff response efforts: "Proactively and swiftly work
to minimize further economic disruption and actively encourage its recovery";and,
WHEREAS, at a City Council Work Session on June 1, 2020, City Council
provided direction to staff to begin work that would allow downtown businesses to utilize
City right-of-way and other strategies to allow for compliance with social distancing and
other requirements of Colorado State and Pitkin County Heath Orders; and,
WHEREAS, at a City Council Regular Meeting on June 23, 2020, City Council
approved Resolution # 052, Series of 2020 granting the use of discretion by Community
Development staff in the application and enforcement of specific provisions of the Land
Use Code; and
WHEREAS, City of Aspen Community Development Department staff request
direction from Council on enforcement of regulation in the Land Use Code that may impact
economic recovery efforts in the winter season of 2020/21,including,but not limited to the
use of temporary structures to increase business capacity, the use public right-of-way for
business activity, and other such measures as may be necessary to facilitate business
activity in compliance with public health order requirements; and,
WHEREAS,this Resolution does not amend the Land Use Code or Building Codes,
but provides direction to staff regarding the interpretation, application, and enforcement of
various regulations within the Land Use and Building Codes Code that may impact economic
recovery efforts; and,
WHEREAS, during a regular scheduled meeting on October 13, 2020 the City
Council approved Resolution 086-2020,by a 5 to 0 vote; and,
Resolution#086, Series 2020
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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
In order to assist local businesses with meeting minimum social distancing requirements
as well as general health concerns related to COVID-19, Community Development staff
is granted the ability to apply discretion with regards to interpretation, application, and
enforcement of the following regulations within the Land Use Code and Building Codes:
• Temporary signage and sandwich boards,
• Outdoor vending and merchandising,
• Lighting,
• Temporary Uses, including Growth Management requirements for uses extending
beyond 14 days,
• Commercial Design Review requirements related to temporary structures,
materials, and use of Pedestrian Amenity areas,
• Multiple sections of the Land Use Code related to decking, tenting, canopies,
umbrellas, and similar structures. Discretion on this topic would apply to these
types of uses on both public right-of-way and commercial and organizational uses
on private property,
• Building Code requirements related to tents and temporary structures.
Section 2•
Requirements related to any necessary building or tent permits are not waived by this
Resolution. In all cases,health,public safety, and welfare remain the priority and necessary
reviews and inspections to ensure these outcomes will continue.
Section 3•
Fees are waived for any Community Development Director-approved tent and/or temporary
structures that are installed on private property or in the City right-of-way during the effective
period of this Resolution. This includes permit fees, Land Use application fees, and any
mitigation required by the Land Use Code for these types of structures, and other fees which
may be applicable.
Section 4•
Unless otherwise extended,the direction provided by this resolution remains in effect through
May 1,2021.
Section 5•
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.
Resolution#086, Series 2020
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Section 6•
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 13th day of October,2020.
TNWI
Torre,Mayor
ATTEST: APPROVED AS TO FORM:
r
Nicole Henning,Ci t aures R True,City Attorney
Resolution#086,Series 2020
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