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AGENDA
CITY COUNCIL SPECIAL MEETING
May 3, 2022
4:00 PM, City Council Chambers
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I.CALL TO ORDER
II.ROLL CALL
III.SECOND READING
Consideration of Ordinance 8, Series of 2022
An Ordinance of the City Council of the City of Aspen, Colorado extending the temporary
moratorium on the acceptance of any new land use applications seeking a development order
or notice of approval, and on the acceptance of certain building permit applications for all
residential uses in all zone districts within the City.
Ordinance #08, Series of 2022
IV.ADJOURN
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MEMORANDUM
TO:Mayor Torre and Aspen City Council
FROM:Phillip Supino, Community Development Director
THROUGH:Kate Johnson, Assistant City Attorney
MEMO DATE:April 26, 2022
MEETING DATE:May 3, 2022
RE:Second Reading - Ordinance #08, Series of 2022
REQUEST OF COUNCIL: Council is asked to approve Ordinance #08, Series of 2022 on
second reading, extending the moratorium to August 8, 2022.
SUMMARY AND BACKGROUND: Ordinance #06, 2022 established a moratorium on
certain residential development activities. The moratorium was a response to specific
dynamics and conditions in the residential development and real estate sectors which are
misaligned with adopted community policy as stated in the Aspen Area Community Plan.
In total, those conditions and dynamics constitute a community emergency. To respond
to that emergency, City Council directed staff to develop amendments to the Land Use
Code to ensure that development regulations support adopted community policy related
to growth management, affordable housing, development review processes, and climate
action. That work has been underway since December 2021.
The moratorium is a necessary tool to pause development activities while new regulations
are developed. This pause ensures that development activities do not further exacerbate
emergency conditions in the community. The moratorium is set to expire on June 8, 2022.
STAFF DISCUSSION: Ordinance #08 is a response to the necessity for more time to
complete the work requested by Council during the moratorium code amendment
process. Due to the constraints to the process previously identified by staff in Council
meetings - the COVID-19 pandemic, staff and community capacity, the complexity of the
topics and potential responses, the contentiousness of the issues – the timeline provided
by Ordinance #06 does not afford sufficient time for the work to be completed under the
protection of a moratorium. As Council has stated their desire for further residential
development (as described in Ord. #06) to be paused until new regulations are in place,
staff recommends Council extend that moratorium for two months, which is no longer than
is needed to complete that work.
CONCLUSION:The two-month extension in Ordinance #08 is the shortest schedule
practicable which will allow for consultant work to be delivered, processed, and included
in code amendments. It affords the necessary time for staff work and required community
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Staff Memo, Ordinance #08, Series of 2022
Page 2 of 2
engagement to be completed. Critically, it would allow the process to follow the normal
Council schedule, permitting staff to work diligently to produce quality work. It will also
permit not only Council, but the public the time they deserve to review and process the
draft code amendments and promote thoughtful and meaningful discussions about effects
and impacts of proposed amendments in public meetings. The proposed extension will
help ensure the best work product and most inclusive and open process possible.
FINANCIAL IMPACTS:Ordinance #08 will not change project costs. All consultants are
already under contract and those contracts can adapt to altered timelines as needed.
ENVIRONMENTAL IMPACTS: N/A
ALTERNATIVES:Council may choose not to approve Ordinance #08. Under that
scenario, the moratorium expiration date would remain June 8th, 2022.
By state statute, there is a 30-day effective period before code amendments approved by
Council go into effect. With that date in mind, ordinances responsive to the moratorium
would need to be approved no later than May 7, 2022, to be effective by June 8, 2022.
Due to time constraints and the pace of consultant and staff work, staff will not have
moratorium-related ordinances prepared for review before May 7th, let alone give the
public ample opportunity to review and comment, prior to the expiration of the
moratorium’s protections. Because it is impossible to secure passage of the amendments
prior to expiration of the moratorium, upon its expiation on June 8, 2022, it is likely the
City will see a rush of land use and building permit applications under existing codes.
Approval of Ordinance No. 8 is necessary to allow staff, the public and Council sufficient
time to process, take public comment, and adequately consider amendments to the land
use code under the protections afforded by the moratorium.
RECOMMENDATIONS:Staff recommends Council approve Ordinance #08, Series of
2022 on second reading.
CITY MANAGER COMMENTS:
EXHIBITS:
none.
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ORDINANCE NO. 08
(Series of 2022)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
EXTENDING THE TEMPORARY MORATORIUM ON THE ACCEPTANCE OF ANY NEW
LAND USE APPLICATION SEEKING A DEVELOPMENT ORDER OR NOTICE OF
APPROVAL, AND ON THE ACCEPTANCE OF CERTAIN BUILDING PERMIT
APPLICATIONS FOR ALL RESIDENTIAL USES IN ALL ZONE DISTRICTS WITHIN THE
CITY.
WHEREAS, the City of Aspen (the “City”) is a legally and regularly created, established,
organized and existing municipal corporation under the provisions of Article XX of the
Constitution of the State of Colorado and the home rule charter of the City (the “Charter”); and
WHEREAS, the City of Aspen currently regulates land uses within the City limits in
accordance with Chapter 26.104 et seq.of the Aspen Municipal Code pursuant to its Home Rule
Constitutional authority and the Local Government Land Use Control Enabling Act of 1974, as
amended, §§29-20-101, et seq. C.R.S; and
WHEREAS, on March 15, 2022, the City Council adopted Ordinance #6, Series of 2022,
which placed a temporary moratorium on the acceptance of any new land use application seeking a
development order or notice of approval, and on the acceptance of certain building permit
applications for all residential uses in all zone districts within the city; and, declaring an emergency;
and,
WHEREAS, Section 7, of Ordinance #6, Series of 2022, states that such ordinance “shall
terminate on June 8, 2022, unless extended by a duly adopted ordinance of the City Council;” and,
WHEREAS, since the adoption of Ordinance #6, Series of 2022, the City Council and the
staff of the City of Aspen, and hired consultants authorized by Ordinance #6, have been duly and
efficiently pursuing the steps necessary to adopt appropriate changes to the Land Use Code that
would address the concerns expressed in Ordinance #6, and the issues that led to the adoption of
such moratorium; and,
WHEREAS, City Council believes and finds that all of the issues, concerns, and reasoning
set forth in Ordinance #6, Series of 2022, that were the basis of the moratorium are still applicable,
and incorporates herein by this reference the findings set forth in Ordinance #6, Series of 2022, and
further finds that in order to complete the work necessary to accomplish the goals set forth in
Ordinance #6, a brief extension of the moratorium is necessary for the health, peace, safety, and
general wellbeing of the residents and visitors of Aspen.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
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Section 1.Pursuant to Section 7 of Ordinance #6, Series of 2022, said ordinance and the
moratorium established in said ordinance is hereby extended for a period of two months and,
therefore, Ordinance #6, Series of 2022, shall terminate on August 8, 2022.
INTRODUCED AND READ,as provided by law, by the City Council of the City of
Aspen on the 26th day of April 2022.
Attest:
_____________________________ ____________________________
Nicole Henning, City Clerk Torre, Mayor
FINALLY,adopted, passed and approved this _____th day of _____ 2022.
Attest:
_____________________________ ____________________________
Nicole Henning, CityClerk Torre, Mayor
Approved as to form:
_____________________________
James R. True, City Attorney
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1TUESDAY, JANUARY 25, 2022Community Development Director presented on the status of the moratorium and collected feedback from ACRA board members. 2MONDAY, FEBRUARY 17, 2022Board members from the Aspen Chamber Resort Association (ACRA) and the Aspen Board of Realtors (ABOR) gathered to discuss short-term rental activity in Aspen as it pertains to the lodging and real estate industry. 3MONDAY, MARCH 3, 2022Board members from the Aspen Chamber Resort Association (ACRA) and the Aspen Board of Realtors (ABOR) gathered to discuss short-term rental activity in Aspen as it pertains to the lodging and real estate industry. 4TUESDAY, MARCH 17, 2022Board members from the Aspen Chamber Resort Association (ACRA) and the Aspen Board of Realtors (ABOR) gathered to discuss short-term rental activity in Aspen as it pertains to the lodging and real estate A5TUESDAY, MARCH 28, 2022Board members from the Aspen Chamber Resort Association (ACRA) and the Aspen Board of Realtors (ABOR) gathered to discuss short-term rental activity in Aspen as it pertains to the lodging and real estate industry. 6FEBRUARY-APRIL, 2022Stakeholder interview to learn more about the current state of short-term rentals, as well as concerns and recommendations for potential solutions. 7891213141516171819FFSc10112021ENGAGEMENT ACTIVITIESTHURSDAY, APRIL 7, 2022Board members from the Aspen Chamber Resort Association (ACRA) and the Aspen Board of Realtors (ABOR) gathered to discuss short-term rental activity in Aspen as it pertains to the lodging and real estate industry. WEDNESDAY, APRIL 6, 2022Public Open House event at City Hall from 4-6pm to collect feedback about the future of short-term rentals in Aspen.pTUESDAY, FEBRUARY 8, 2022Launch of Aspen Community Voice Shaping Aspen’s Built Environment: Short-Term Rentals and online engagement activities.Launch of Aspen Community Voice Shaping Aspen’s Built Environment:Short-Term Rentals Questionnaire #1.MONDAY, FEBRUARY 28, 2022FEBRUARY-APRIL, 2022Stakeholder interview to learn more about the current state of short-term rentals, as well as concerns and recommendations for potential solutions. FEBRUARY-APRIL, 2022Stakeholder interview to learn more about the current state of short-term rentals, as well as concerns and recommendations for potential solutions. FEBRUARY-APRIL, 2022Stakeholder interview to learn more about the current state of short-term rentals, as well as concerns and recommendations for potential solutions. FEBRUARY-APRIL, 2022Stakeholder interview to learn more about the current state of short-term rentals, as well as concerns and recommendations for potential solutions. FEBRUARY-APRIL, 2022Stakeholder interview to learn more about the current state of short-term rentals, as well as concerns and recommendations for potential solutions. FEBRUARY-APRIL, 2022Stakeholder interview to learn more about the current state of short-term rentals, as well as concerns and recommendations for potential solutions. FEBRUARY-APRIL, 2022Stakeholder interview to learn more about the current state of short-term rentals, as well as concerns and recommendations for potential solutions. FEBRUARY-APRIL, 2022Stakeholder interview to learn more about the current state of short-term rentals, as well as concerns and recommendations for potential solutions. FEBRUARY-APRIL, 2022Stakeholder interview to learn more about the current state of short-term rentals, as well as concerns and recommendations for potential solutions. FEBRUARY-APRIL, 2022Stakeholder interview to learn more about the current state of short-term rentals, as well as concerns and recommendations for potential solutions. APRIL 19-29, 2022Launch of Aspen Community Voice Shaping Aspen’s Built Environment: Short-Term Rentals Questionnaire #2. 641Questionnaires submitted to date on the ACV Short-Term Rentals page2.7KVisits to the Shaping Aspen’s Built Environment + Short-Term Rentals page988‘Informed’ Visitors to the Shaping Aspen’s Built Environment + Short-Term Rentals page6
1TUESDAY, FEBRUARY 8, 2022Launch of Aspen Community Voice Shaping Aspen’s Built Environment: Residential Building Project and online engagement activities.2MONDAY, FEBRUARY 14, 2022Technical stakeholder interview on the pace and scale of residential development, affordable housing, and development procedures.3MONDAY, FEBRUARY 14, 2022Technical stakeholder interview on residential development, building permits, demolition, construction, climate, and waste impacts.4TUESDAY, FEBRUARY 15, 2022Technical stakeholder interview on utilities, consumption, residential development, and environmental impacts.5TUESDAY, FEBRUARY 15, 2022Technical stakeholder interview on the pace and scale of residential development, affordable housing, and development procedures.6TUESDAY, FEBRUARY 15, 2022Technical stakeholder interview on impacts of residential development, landfill patterns, and climate goals.7WEDNESDAY, FEBRUARY 16, 2022Technical stakeholder interview on environmental impacts of residential development, landfill patterns and climate goals.8WEDNESDAY, FEBRUARY 16, 2022Technical stakeholder interview on affordable housing, mitigation, development patterns, environment, and growth management.W9WEDNESDAY, FEBRUARY 16, 2022Technical stakeholder interview on affordable housing costs, existing development patterns, demolition, and impacts of construction.10WEDNESDAY, FEBRUARY 16, 2022Technical stakeholder interview on the pace and scale of residential development, affordable housing, and development procedures.WTs11WEDNESDAY, FEBRUARY 16, 2022Technical stakeholder interview on the pace and scale of residential development, affordable housing, and development procedures.14MONDAY, FEBRUARY 21, 2022Technical stakeholder interview on the pace and scale of residential development, affordable housing, and development procedures.15MONDAY, FEBRUARY 21, 2022Technical stakeholder interview on the pace and scale of residential development, affordable housing, and development procedures.16WEDNESDAY, FEBRUARY 23, 2022Technical stakeholder interview on the pace and scale of residential development, affordable housing, and development procedures.17WEDNESDAY, FEBRUARY 23, 2022Technical stakeholder interview on the pace and scale of residential development, affordable housing, and development procedures.18SATURDAY, MARCH 5, 2022Pop-Up event at the Aspen Pedestrian Mall from 1-4:30pm highlighting project data and seeking feedback from community members.19SUNDAY, MARCH 6, 2022Pop-Up event at the Aspen Pedestrian Mall from 12-1:30pm highlighting project data and seeking feedback from community members.20SUNDAY, MARCH 6, 2022Pop-Up event at the Red Mountain Grill from 3-6pm highlighting project data and seeking feedback from community members.21MONDAY, MARCH 7, 2022Aspen Board Member Focus Group on the pace and scale of residential development, affordable housing, and development procedures.22MONDAY, MARCH 7, 2022Technical Stakeholder Focus Group on the pace and scale of residential development, affordable housing, and development procedures.W12132324TUESDAY, MARCH 8, 2022Technical Stakeholder Focus Group on the pace and scale of residential development, affordable housing, and development procedures.25TUESDAY, MARCH 8, 2022Pop-Up event at the Aspen Ice Gardenfrom 4-6pm highlighting project data and seeking feedback from community members.26WEDNESDAY, MARCH 9, 2022Technical Stakeholder Focus Group on the pace and scale of residential development, affordable housing, and development procedures.27WEDNESDAY, MARCH 9, 2022Pop-Up event at the Red Brick from 11am-1pm highlighting project data and seeking feedback from community members.28WEDNESDAY, MARCH 9, 2022Community Focus Group on the pace and scale of residential development, affordable housing, and development procedures.29THURSDAY, MARCH 10, 2022Community Focus Group on the pace and scale of residential development, affordable housing, and development procedures.THURSDAY, MARCH 10, 2022Pop-Up event at the Highlands Ale House from 1-3pm highlighting project data and seeking feedback from community members.THURSDAY, MARCH 10, 2022Pop-Up event at the Gant Hotel from 5-8pm highlighting project data and seeking feedback from community members.MONDAY, MARCH 7, 2022Pop-Up event at the Wheeler Opera Housefrom 3-5:30pm highlighting project data and seeking feedback from community members.ENGAGEMENT ACTIVITIESTTTTTTTTTTPo30WEDNESDAY, MARCH 16, 2022Pop-Up event at the Burlingame Commons from 6-7:30pm highlighting project data and seeking feedback from community members.TTTTTTTTPo31P32W33TUESDAY, MARCH 22, 2022Technical stakeholder interview on the pace and scale of residential development, affordable housing, and development procedures.34FRIDAY, MARCH 25, 2022Technical stakeholder interview on the pace and scale of residential development, affordable housing, and development procedures.35WEDNESDAY, MARCH 30, 2022Technical stakeholder interview on the pace and scale of residential development, affordable housing, and development procedures.TTT36TUESDAY, APRIL 5, 2022Technical stakeholder interview on the pace and scale of residential development, affordable housing, and development procedures.TUESDAY, APRIL 5, 2022Technical stakeholder interview on the pace and scale of residential development, affordable housing, and development procedures.THURSDAY, APRIL 7, 2022Technical stakeholder interview on the pace and scale of residential development, affordable housing, and development 37FT38MONDAY, APRIL 11, 2022Technical stakeholder interview on the pace and scale of residential development, affordable housing, and development WTs3940TT41TT42TT4344310+Active participants across interviews, focus groups and Pop-Up events1.3KVisits to the Shaping Aspen’s Built Environment + Residential Building page57+Hours of conversation between the project team and participantsFRIDAY, FEBRUARY 4, 2022Technical stakeholder interview on the pace and scale of residential development, affordable housing, and development procedures.MONDAY, FEBRUARY 28, 2022Technical stakeholder interview on the pace and scale of residential development, affordable housing, and development procedures.WEDNESDAY, MARCH 16, 2022Technical stakeholder interview on the pace and scale of residential development, affordable housing, and development procedures.FRIDAY, MARCH 18, 2022Technical stakeholder interview on the pace and scale of residential development, affordable housing, and development procedures.FRIDAY, MARCH 18, 2022Technical stakeholder interview on the pace and scale of residential development, affordable housing, and development procedures.THURSDAY, MARCH 24, 2022Technical stakeholder interview on the pace and scale of residential development, affordable housing, and development procedures.FRIDAY, APRIL 1, 2022Technical stakeholder interview on the pace and scale of residential development, affordable housing, and development procedures.45WEDNESDAY, APRIL 13, 2022Technical stakeholder focus group on initial policy direction for affordable housing, dimensional requirements, demolition, and mitigation.17
464748495051ENGAGEMENT ACTIVITIES2THURSDAY, APRIL 14, 2022Community stakeholder focus group on initial policy direction for affordable housing, dimensional requirements, demolition, and mitigation.FRIDAY, APRIL 15, 2022Technical stakeholder focus group on initial policy direction for affordable housing, dimensional requirements, demolition, and mitigation.MONDAY, APRIL 25, 2022Launch of Aspen Community Voice Shaping Aspen’s Built Environment: Residential Building Project policy direction questionnaire.MONDAY, APRIL 25, 2022Technical stakeholder interview on the pace and scale of residential development, affordable housing, and development procedures.WEDNESDAY, APRIL 27, 2022Public Open House event at City Hall from 4-6pm on initial policy direction for affordable housing, dimensional requirements, demolition, and mitigation.SATURDAY, APRIL 30, 2022Pop-Up event at Aspen Pedestrian Mall from 11am-1pm on initial policy direction for affordable housing, dimensional requirements, demolition, and mitigation.8