HomeMy WebLinkAboutordinance.council.008-2022 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,etseq. 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:
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 26 h day of April 2022.
Attest:
Nicole Henning,City Clerk Torre,Mayor
FINALLY,adopted,passed and approved this' day of W1q2022.
Att t:
Nicole Henning,City C1 rk Torre,Mayor
Approved as to form:
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Jarr R. True, City Attorney
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