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HomeMy WebLinkAboutagenda.council.special.20170117 CITY COUNCIL SPECIAL MEETING January 17, 2017 CITY COUNCIL CHAMBERS 4:00 PM I. Ordinance #2, Series of 2017 - Extension of the Moratorium MEMORANDUM TO: MAYOR and COUNCIL MEMBERS FROM: JAMES R. TRUE DATE: January 12, 2017 RE: Ordinance 2, Series of 2017, regarding the extension of the moratorium ══════════════════════════════════════════════════════════════════ At the last council meeting the possibility of the extension of the moratorium was discussed. Pursuant to the Charter, unless a matter is adopted pursuant to the emergency procedures, a matter becomes effective 30 days following adoption. Thus, in order for a code amendment to become effective prior to the expiration of the moratorium, it would have to be enacted no later than January 29, 2017, which is a Sunday. The last meetings before that date are January 23rd and 24th. Although Community Development has worked diligently on these code amendments, it is believed that a brief extension of the moratorium may be necessary for one or more of the proposed code amendments. Ordinance 7, Series of 2016, which enacted the moratorium, states that the moratorium terminates on February 28, 2017, “unless extended by a duly adopted ordinance of the City Council.” Ordinance 2, Series of 2017, proposes to extend the moratorium for a period of 17 days, so that it terminates on March 17, 2017. This would require a proposed ordinance to be adopted on or before February 14, 2017. We have submitted this for consideration at a special meeting called by the Mayor for January 17, 2017. After consideration of the matter following last week’s meeting, we decided that in order to provide the best public disclosure of the matter and to avoid adopting the extension by emergency ordinance, we should have a first reading at this special meeting. Second reading can be held on January 23rd or its continuation on January 24th. Ordinance 2, Series of 2017 is attached. P1 I. ORDINANCE NO. 2 (Series of 2017) 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 AND ON THE ACCEPTANCE OF CERTAIN BUILDING PERMIT APPLICATIONS FOR PROPERTY LOCATED WITHIN THE COMMERCIAL CORE (CC), COMMERCIAL (C-1), SERVICE/ COMMERCIAL/INDUSTRIAL (S/C/I), NEIGHBORHOOD COMMERCIAL (NC), MIXED USE (MU) ZONE DISTRICTS OF THE CITY OF ASPEN. 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, 2016, the City Council adopted Ordinance 7, Series of 2016, which ordinance placed a temporary moratorium on the acceptance of any new land use application seeking a development order and on the acceptance of certain building permit applications for property located within the Commercial Core (CC), Commercial (C-1), Service/ Commercial/Industrial (S/C/I), Neighborhood Commercial (NC), Mixed Use (MU) Zone Districts of the City of Aspen; and, WHEREAS, Section 7, of Ordinance 7, Series of 2016, states that such ordinance “shall terminate on February 28, 2017, unless extended by a duly adopted ordinance of the City Council;” and, WHEREAS, since the adoption of Ordinance 7, Series of 2016, the City Council and the staff of the City of Aspen Community Development Department, as well as hired consultants authorized by Ordinance 7, 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 7, and the issues that led to the adoption of such moratorium; and, WHEREAS, City Council believes that all of the issues, concerns and reasoning set forth in Ordinance 7, Series of 2016, that were the basis of the moratorium are still applicable and that in order to complete the work necessary to accomplish the goals set forth in Ordinance 7, a brief extension of the moratorium is necessary for the health, peace, safety, and general well being of the residents and visitors of Aspen. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: P2 I. 2 Section 1. Pursuant to Section 7 of Ordinance 7, Series of 2016, said ordinance and the moratorium established in said ordinance is hereby extended for a period of seventeen (17) days and, therefore, Ordinance 7, Series of 2016, shall terminate on March 17, 2017. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the _____ day of _____, 2017. Attest: _____________________________ ____________________________ Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this _____th day of _____, 2017. Attest: _____________________________ ____________________________ Linda Manning, City Clerk Steven Skadron, Mayor Approved as to form: _____________________________ James R. True, City Attorney P3 I.