HomeMy WebLinkAboutordinance.council.006-2022 ORDINANCE NO. 6
(Series of 2022)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
IMPOSING 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.
WHEREAS, the City of Aspen (the "City") is a legally and regularly created, established,
organized a}id existing municipal corporation under the provisions of Article XX of the Constitution
of the State of Colorado and the Home Rule Charter for the City(the"Charter");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 City of Aspen currently regulates land uses within the City limits in
accordance with the Aspen Land Use Code (hereinafter "Land Use Code"), Title 26 of the Aspen
Municipal Code, adopted 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,the character of certain development activities in the City of Aspen is having a
negative impact upon the health,peace, safety, and general wellbeing of the residents and visitors of
Aspen; and
WHEREAS, recent land use applications seeking Development Orders in various City Zone
Districts do not appear to be consistent with the goals and vision as expressed by the 2012 Aspen
Area Community Plan,including:
• We must pursue more aggressive measures to ensure the needs of the community are
met, and to preserve our unique community character. (pg 20); and
• 1.1. Achieve sustainable growth practices to ensure long-term vitality and stability of
our community and diverse visitor-based economy. (pg 24); and
• V.1. Encourage a commercial mix that is balanced, diverse and vital and meets the
needs of year-round residents and visitors. (pg 26);and
• V.2. Facilitate the sustainability of essential businesses that provide basic
community needs. (pg 26); and
• V.3. Ensure that the City Land Use Code results in development that reflects our
architectural heritage in terms of site coverage, mass, scale, density and a
diversity of heights, in order to:
■ Create certainty in land development.
■ Prioritize maintaining our mountain views.
■ Protect our small-town community character and historical heritage.
■ Limit consumption of energy and building materials.
■ Limit the burden on public infrastructure and ongoing public operating
costs.
■ Reduce short-and long-term job generation impacts, such as traffic
congestion and demand for affordable housing. (pg 26)
and,
WHEREAS, the City of Aspen depends on a lived-in community of year-round locals to
support community culture, provide labor and capital to support the local economy, ensure public
safety and peace through the presence of first responders, health care and essential service workers
in the community, and ensure the long-term viability of the community and tourist economy; and,
WHEREAS, due to unprecedented increases in home prices and a lack of supply over time,
the residential real estate market in Aspen no longer delivers meaningful housing for local residents,
therefore, the affordable housing system is relied upon to provide the vast majority of housing for
locals and workers;and,
WHEREAS, the availability of housing for local workers and residents including first
responders, health care workers, and other essential service workers is diminishing, the system for
delivering affordable housing is not keeping pace with need, and the housing market in the region
and state of Colorado are in crisis; and.
WHEREAS, recent evolutions in the residential real estate market and economy, including
new financial dynamics, the proliferation of short-term rentals, have rendered elements of the Land
Use Code inadequate to respond to local affordable housing needs; and,
WHEREAS,the current regulatory structure to deliver affordable housing to the community
is inadequate to meet the needs of current residents and provide affordable housing to meet the
future needs, and to ensure the presences of first responders, health care and essential workers, and
an adequate labor force to support the economy; and,
WHEREAS,the Aspen Area Community Plan includes policies directing the City of Aspen
to address affordable housing in the community,including:
• VIII.1. Restore public confidence in the development process. (pg 27)
• VIII.2. Create certainty in zoning and the land use process. (pg 27)
• VIII.3. Ensure that the Planned Development process results in tangible, long-term
community befits and does not degrade the built or natural environment through mass and
scale that exceeds the Land Use Code standards. (pg 27)
• II.I I. The housing inventory should bolster our socioeconomic diversity. (pg 41)
• II.2. Affordable housing should be prepared for the growing number of retiring Aspenites.
(pg 41)
• IV.2.All affordable housing must be located within the Urban Growth Boundary. (pg 42)
• IV.3. On-site housing mitigation is preferred. (pg 42)
• IV.5. The design of new affordable housing should optimize density while demonstrating
compatibility with the massing, scale, and character of the neighborhood; (pg 42)
and,
2
WHEREAS, a functional residential housing sector is essential to sheltering Aspen's
populations, supporting a stable economy, maintaining the health, peace and safety of the City of
Aspen for its residents and visitors;and,
WHEREAS, a pause in certain types of residential development is necessary in order to
assess the current state of the affordable housing program, assess gaps and opportunities in the
regulations and delivery of units relative to need, and consider future community needs in the
housing sector in the context of larger Land Use Code issues;and,
WHEREAS, the City of Aspen recognizes that anthropogenic climate change and the
impacts to the ecological and economic health of the community constitutes an emergency and a
threat to the health and safety of the residents of the City of Aspen and the global community; and,
WHEREAS, the City of Aspen is a signatory to the US Mayors' Climate Protection
Agreement, the Chicago Climate Exchange, and the Global Covenant of Mayors for Climate and
Energy,and
WHEREAS, the City committed to the Race to Zero campaign, requiring the City to
publicly endorse the following principles:
• Recognize the global climate emergency.
• Commit to keeping global heating below the 1.5°Celsius goal of the Paris Agreement.
• Commit to putting inclusive climate action at the center of all urban decision-making, to
create thriving and equitable communities for everyone.
• Invite our partners — political leaders, CEOs, trade unions, investors, and civil society —to
join us in recognizing the global climate emergency and help us deliver on science-based
action to overcome it; and,
WHEREAS, the City has adopted an Ecological Bill of Rights establishing ten inalienable
ecological rights for all,including:
• The right to ensure the efficient use of energy and of natural resources,
• The right to expect from our governments active and consistent enforcement of land use and
development regulations;and,
WHEREAS, the Aspen Area Community Plan includes policies directing the City of Aspen
to address climate change and environmental stewardship, including:
I.I. By 2020, reduce the carbon footprint of the Aspen Area from 2004 levels by 30% (to
588,612.5 tons CO2-e). (pg 52)
I.2. All existing development and uses should minimize their greenhouse gas emissions. (pg
52)
I.3. Incentivize alternative forms of transportation to reduce reliance on fossil fuels. (pg 52)
I.4. All new development and uses should minimize their greenhouse gas emissions. (pg 52)
II.3. All existing development and uses should minimize their air pollution emissions. (pg
52)
II.4. All new development and uses should minimize their air pollution emissions. (pg 52)
3
IV.I. Maximize recycling, implement waste reduction and environmentally responsible
purchasing programs, and encourage behavior that moves the Aspen Area toward being a
zero-waste community and extends the life of the landfill. (pg 53)
IVA. Increase the practice of deconstruction and increase the amount of materials that are
diverted from the landfill,reused or recycled. (pg 53)
VA. Require new development and redevelopment to minimize their energy usage and use
on-site renewable energies as the site allows. (pg 53)
V.5. Existing development should minimize energy usage and use on-site renewable
energies as the site allows; and, (pg 53)
WHEREAS, residential development contributes to climate change through transportation
required to construct and service residential properties, the energy and impacts inherent in creating
and sourcing the materials necessary for residential development, the natural resource consumption
required for the operation of residential structures, and the production of solid waste and associated
disposal impacts from the construction and operation of residential structures;and,
WHEREAS, the City's current residential development regulations are not sufficiently
aligned with its adopted climate and environmental protection policies and regulations,undermining
the community's ability to effectively reduce greenhouse gas emissions and avoid the worst effects
of climate change; and,
WHEREAS, a pause in certain types of residential development is necessary in order to
ensure that residential development supports the City's adopted climate and environmental policies
and does not unnecessarily contribute to further climate and environmental impacts; and,
WHEREAS, the processes and procedures described in the Land Use Code, including but
not limited to Chapter 26.300 determine how development is reviewed and permitted in the City;
and,
WHEREAS, those processes and procedures are designed to balance the right to the use of
private real property in the City with community input and preservation of history and character to
ensure the orderly use of land within the City limits;and,
WHEREAS, in certain circumstances,those processes and procedures are not delivering the
development outcomes described in the AACP or Land Use Code, warranting a pause to certain
residential development applications to align those processes and procedures with adopted
community policies; and,
WHEREAS,the community has a Growth Management Quota System(GMQS)designed to
manage the pace, type, location, and extent of development. That system was developed prior to
recent evolutions in Aspen's development environment including the proliferation of private
vacation rentals, current trends in development finance and ownership, and the further build-out of
Aspen's zone districts. To provide for the ongoing viability of the GMQS system, it is necessary to
assess the applicability and effectiveness of GMQS relative to adopted City policies in the context
of the pause on residential development established by this ordinance;and,
4
WHEREAS, the City Council and the Community Development Department require a
period of time in which to review all existing land use codes and regulations as they affect land use
development in certain Zone Districts within the City of Aspen to ensure that all land use
development proceeds in a manner that is consistent with the Aspen Area Community Plan; and
WHEREAS, the City Council desires that the staff of the Community Development
Department conduct a thorough analysis and assessment of the Land Use Code and regulations
affecting the development of land within certain Zone Districts of the City of Aspen, with particular
attention to zoning, Growth Management Quota System, affordable housing, solid waste,
environmental stewardship, climate action, development review procedures, calculations and
measurements, and related regulations to ensure consistency with the Aspen Area Community Plan
and Climate Action Plan; and
WHEREAS, Section 4.11 of the Charter authorizes the City Council to enact emergency
ordinances for the preservation of public property,health,peace, or safety upon the unanimous vote
of City Council members present or upon a vote of four (4) Council members, whichever is less;
and
WHEREAS, a moratorium through an emergency ordinance on all development
applications will enable a reasoned discussion and consideration of desired amendments to the Land
Use Code without creating a rush of development applications and the related impacts upon the
community; and
WHEREAS, the Community Development Department may need assistance from third
party consultants to complete the task of analyzing the current Land Use Code and regulations as
contemplated herein, the City Council hereby authorizes the expenditure of City funds and directs
the City Manager to engage one or more consultants to assist the Community Development
Department pursuant to her procurement emergency authority; and
WHEREAS, the City Council has determined that it is necessary to declare an emergency
for the preservation of public property,health,peace, and safety with the imposition of a temporary
moratorium on the acceptance, processing, and approval of land use applications for development
orders by the City of Aspen Community Development Department and City Council and on the
acceptance of certain building permit applications.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN,COLORADO,THAT:
Section 1. Moratorium on new land use applications within certain zone districts.
There is hereby imposed a temporary moratorium on the acceptance by the Community
Development Department of new land use applications for a Development Order or Notice of
Approval affecting all residential uses, changes in use from commercial or lodge to residential, or
residential development, as defined in Section 26.104.100, in all zone districts within the City,
including, but not limited, approvals sought pursuant to Chapters 26.410, Residential Design
Standards, 26.415, Historic Preservation, 26.435, Development in Environmentally Sensitive Areas
5
(ESA), 26.445, Planned Development, 26.470, Growth Management Quota System (GMQS), and
26.480, Subdivision. Any application for a major amendment, as defined in Section 26.304.070
A.2., of the Aspen Municipal Code, to an existing development order or pending application shall
be considered a new application under this ordinance.
Section 2. Moratorium on certain building permit applications.
There is hereby imposed a temporary moratorium on the acceptance by the Community
Development Department of any building permit application for all residential uses and
development, as defined in Section 26.104.100, in all zone districts within the City that meet the
definition of demolition or would have the effect of increasing the height, gross square footage,Net
leasable area, or Net livable area of any building. The terms shall have the same meaning in this
ordinance as the definition of those terms as set forth at §26.104.100 of the Aspen Municipal Code.
Section 3. Exemptions from Moratorium.
Land use applications exempt from this temporary moratorium shall be as follows:
• Any land use application for a Development Order or Notice of Approval submitted to the
Community Development Department prior to final passage of this ordinance and deemed
to be complete by the Community Development Department Director.
• Any land use application seeking a Development Order or Notice of Approval for a project
consisting of 100%Affordable Housing as that term is defined at §26.104.100 of the Aspen
Municipal Code, or as may be deemed necessary for the issuance of Certificates of
Affordable Housing for a 100%Affordable Housing project,or as determined by the
Community Development Director.
• Voluntary AspenModern designation processes that meet the requirements of Section
26.415.025.0 and 26.415.030.
• Land use application and administrative requests that may be necessary to issue exempt
building permits as described below, and as determined by the Community Development
Director.
Applications for building permits exempt from this temporary moratorium shall be as follows:
• Building permits for projects that will not increase the gross square footage of
development, Net leasable area, or Net livable area of any building and do not meet the
definition of demolition.
• Building permits for projects that will not increase the Height of any building. This
includes additions to or replacement of mechanical equipment or energy efficiency
systems pursuant to height exemptions as set forth at §26.575.020 of the Aspen Municipal
Code,or as determined by the Community Development Director.
• Building permits for commercial and lodge development as stand-alone uses on a parcel
or property.
• Any project that has received or is eligible to receive a Development Order or Notice of
Approval on the effective date of this ordinance.
• Building permits for 100% affordable housing projects as that term is defined at
§26.104.100 of the Aspen Municipal Code.
• Building permits for demolition or repair of non-habitable structures.
6
Section 4. Effect on ExistingDevelopment Applications
A. A land use development application shall be defined for the purpose of this ordinance as the
initial land use application determined to be complete by the Community Development Director,
pursuant to §26.304.050(A) of the Aspen Municipal Code ("Determination of Completeness"). All
land use applications filed subsequent to the initial application for the same development project,
except for a major amendment excluded in Section 1, above, that are necessary to obtain a final
Development Order may proceed pursuant to the review procedures and standards as set forth in
Title 26 of the City of Aspen Municipal Code. Land use applications determined complete shall be
reviewed and processed according to the provisions of the Land Use Code and building code, as
applicable,in effect on the date of submission.
B. Pre-Application Conferences, Pre-Application Conference Summary reports, pre-submittal
conferences, or formal or informal discussions with Community Development staff or review Boards
shall not constitute a complete application or any other official status. Applications submitted after
the effective date of this ordinance shall be subject to the terms of this ordinance and of the Land Use
Code and building code, as amended.
C. Any project with vested rights for a site-specific development which are scheduled to expire
during the effective period of this temporary moratorium, and which seeks an extension of vested
rights beyond the period of vesting described in the Development Order may apply for an extension
of vested rights following the expiration of the temporary moratorium period. Such applications
shall be made in accordance with the standards set forth in Chapter 26.308 of the Land Use Code.
Section 5. Appeals Concerning Moratorium.
Appeals to the applicability of this moratorium to specific projects or properties shall be heard by
the City Council pursuant to Chapter 26.316 of the Aspen Municipal Code ("Appeals").
Section 6. Emergency Declaration
Pursuant to declarations set forth above and evidence presented at the public meetings considering
this matter, it is hereby declared that, in the opinion of the City Council, an emergency exists; there
is a need for the preservation of public property, health, peace, or safety of the City of Aspen, its
residents, and guests; and, this temporary moratorium adopted as an emergency ordinance provides
the time necessary to prepare a review of all pertinent land use,permitting, and financial regulations
and for the City Council and staff of the City of Aspen to consider amendments, if any are required,
to the Aspen Municipal Code.
Section 7. Effective Date and Duration of Moratorium.
This ordinance shall become effective immediately upon passage and shall terminate on June 8,
2022,unless extended by a duly adopted ordinance of the City Council.
7
Section 8. Publication.
The City Clerk is directed that publication of this ordinance shall be made as soon as practical and
no later than ten(10)days following final passage.
Section 9. Severability.
If any section, subsection,sentence, clause,phrase or portion of this ordinance 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.
Section 10. Existing Liti atg_ion.
This ordinance shall not have any effect on existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances amended as herein
provided,and the same shall be construed and concluded under such prior ordinances.
INTRODUCED AND READ as provided by law as an emergency ordinance by the City
Council of the City of Aspen on the q day of � � ,2022.
Torre,Mayor
EST:
Nicole Henning,City Jerk
FINALLY adopted,passed and approved this_1677-g day of NP<e,0 ,2022,by
❑the unanimous vote of all City Council members present;or
❑a vote of four(4)council members.
7NXKmnn '
Torre,Mayor
EST:
Nicole Henning,City Cl rk
Approved as to form:
Tames R. True, City Attorney
8