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Town Council Ordinance 18 2010TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 18 SERIES OF 2010 AN ORDINANCE EXTENDING THE TEMPORARY MORATORIUM ON THE ACCEPTANCE OF ANY NEW LAND USE APPLICATION SEEKING DEVELOPMENT APPROVAL FOR REAL PROPERTY LOCATED IN THE WEST VILLAGE COMPREHENSIVELY PLANNED AREA AND FARAWAY RANCH NORTH COMPREHENSIVELY PLANNED AREA FOR A PERIOD OF SIX MONTHS WHEREAS, the Town of Snowmass Village has undertaken and completed a targeted review and update of the Comprehensive Plan; and WHEREAS, the review and update of the Comprehensive Plan was targeted in order to comprehensively plan for the remaining commercial areas of the Town and review and update other areas of the Comprehensive Plan as needed; and WHEREAS, in conjunction with the review and update of the Comprehensive Plan, the Town Council desires that the Planning Department conduct an analysis and assessment of Chapter 16A of the Snowmass Village Municipal Code in order to provide Town Council with a review of the existing land use code and regulations as they affect land use and development in the Town, specifically in the West Village Comprehensively Planned Area ("CPA") and the Faraway Ranch North CPA; and WHEREAS, the Town Council has received a preliminary report of the Planning Department regarding the existing Chapter 16A of the Snowmass Village Municipal Code in order to now consider amendments to the Chapter 16A; and WHEREAS, the Town Council has enacted certain amendments to Chapter 16A of the Snowmass Village Municipal Code but contemplates that further amendments to Chapter 16A of the Snowmass Village Municipal Code are necessary to accomplish the goals of the community and the Comprehensive Plan; and WHEREAS, the Town Council has enacted and subsequently extended a moratorium that currently expires on December 31, 2010 for land use applications in the West Village CPA and Faraway Ranch North CPA to enable reasoned discussion and action regarding the targeted review and update of the Comprehensive Plan and allow full and complete discussion of any amendments to the Comprehensive Plan and the Chapter 16A of the Municipal Code; and WHEREAS, the Town Council has determined that it is prudent to review any future land use applications after the completion of the review of Chapter 16A of the Municipal Code and the reasonable estimate of the time to complete such actions was six months, however, more time is needed to complete the reviews of the Code and another six months seems a reasonable time to complete said reviews; and WHEREAS, Ordinance 21, Series of 2007 provides that the moratorium may be extended by a duly adopted ordinance of the Town Council; and WHEREAS, Town Council has determined that it is necessary to extend the duration of the moratorium in order to provide the time necessary to: conduct a review and update of the Comprehensive Plan, to prepare an analysis and assessment of all current land use regulations, and to allow time for the Town Council, Town Staff and the citizens of Snowmass Village to consider amendments, if necessary, to the Comprehensive Plan and Land Use Code of the Town of Snowmass Village. NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Snowmass Village as follows: 1. That the temporary moratorium on land use applications enacted by the Town Council by Ordinance 21, Series of 2007 is hereby extended to June 30, 2011. 2. That all other terms of Ordinance 21, Series of 2007 shall remain in full force and effect through the period of this extension. 3. If any provision of this Ordinance or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Ordinance which can be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are severable. INTRODUCED, READ, APPROVED AND ADOPTED, on First Reading by the Town Council of the Town of Snowmass Village on December 13, 2010 upon a motion by Council Member Wilkinson, the second of Council Member Kucker, and upon a vote of 4 in favor and 0 opposed. Council Member Butler was absent. N INTRODUCED, READ, APPROVED AND ADOPTED, on Second Reading by the Town Council of the Town of Snowmass Village on December 20, 2010 upon a motion by Council Member Butler, the second of Council Member Wilkinson, and upon a vote of 5 in favor and 0 opposed. TOWN OF SNOWMASS VILLAGE Bill Boineau, Mayor ATTEST: ddh Rhonda B. Coxon, Town Clerk APPROVED AS TO FO John C. Dresser, Jr., T