HomeMy WebLinkAboutresolution.council.124-21 RESOLUTION NO. 124
SERIES OF 2021
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL ADOPTING
POLICIES AUTHORIZING AMENDMENTS TO THE LAND USE CODE
AMENDING VACATION RENTAL REGULATIONS
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
November 16, 2021, the Community Development Department received direction from
City Council to draft amendments to the "vacation rentals" (a.k.a. short-term rentals)
regulations in Chapter 26.575.220 and related sections of the Land Use Code; and,
WHEREAS,the zoning and land use powers conferred upon the City by the State of
Colorado as a Home Rule Municipality empower the City to manage land use to ensure the
public health, safety,and welfare; and,
WHEREAS, the proliferation of short-term rentals in Aspen's neighborhoods,
Commercial,and Lodge zone districts has altered the orderly mix of land uses and balance of
community needs described in the Aspen Area Community Plan and City of Aspen Land Use
Code; and,
WHEREAS, the City's current permitting system for short-term rentals does not
provide the City or community with sufficient data or context to fully understand the location,
extent,operations,and impacts of short-term rentals to inform policy and regulatory decision
making; and,
WHEREAS, a freeze on the issuance of new short-term rental permits and the
extension of existing short-term rental permits will enable time for a reasoned discussion and
consideration of desired amendments to the Land Use 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 related to affordable housing; and,
WHEREAS,the proposed Land Use Code amendments related to short-term rental
regulations will advance specific policy statements in the Aspen Area Community Plan
(AACP); 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,
Resolution 124-2021
Short-Term Rental
Code Amendments Policy Resolution
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WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public
hearing on December 7, 2021 the City Council approved Resolution 124-2020,by a X-to-X
vote,requesting code amendments 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
with the public and will propose an Ordinance to be considered at First and Second
Reading; 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: Overall Code Amendment Obiectives
The objectives of these code amendments are to:
1. Enable the ongoing operation of permitted short-term rentals in the community while
new regulations are considered.
2. Pause the issuance of new short-term rental permits.
3. Support Council consideration of new short-term rental regulations.
4. Establish dates for the resumption of the issuance of short-term rental permits in
accordance with adopted or amended Land Use Code regulations.
Section 2: Topics for Potential Code Amendments
1. The location,extent,operation,permitting,and taxation of short-term rentals within
the City of Aspen.
Section 3: Other Amendments as Necessary
Other amendments may be required to ensure coordination between the sections identified
above and other sections in the LUC which may not have been anticipated.
Section 4•
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 5•
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
Resolution 124-2021
Short-Term Rental
Code Amendments Policy Resolution
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be deemed a separate, distinct, and independent provision and shall not affect the validity of
the remaining portions thereof.
FINALLY,adopted this 70'day of December 2021.
1
Torre, Mayor
ATTEST: APPROVED AS TO FORM:
CC
Nicole Henning, City Clerk ames R True,City Attorney
Resolution 124-2021
Short-Term Rental
Code Amendments Policy Resolution
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