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WHEREAS, the City of Louisville remains committed to its adopted
<br />goals to reduce energy consumption, increase clean energy sour-
<br />ces, and support the transition to a low -carbon community as out-
<br />lined in the Sustainability Action Plan and Resolution 25, Series
<br />2019, "A Resolution Setting Clean Energy and Carbon Reduction
<br />Goals"; and
<br />WHEREAS, the City Council further finds and determines it is equal-
<br />ly important for the initiative Ordinance, should the petition be
<br />signed by the required number of registered electors and ultimately
<br />approved by the City Council or the City's voters, to be applied to
<br />applications that may be filed in the future to develop or construct
<br />gasoline service stations or automobile service stations; and
<br />WHEREAS, the City Clerk has estimated that, should the petition
<br />proposing the Initiative Ordinance be signed by the required num-
<br />ber of registered electors and the same is submitted to the City's
<br />registered electors at a special election, such process could take
<br />until the end of September of 2023, and
<br />WHEREAS, the imposition of a temporary moratorium as set forth
<br />herein is reasonable, necessary,and no longer in duration than is
<br />needed to allow the City, Council and staff to investigate whether
<br />new regulations concerning gasoline service stations or automobile
<br />service stations should be enacted to protect and preserve the pub-
<br />lic health, safety, and welfare, or in the alternative, for the City's
<br />registered electors to have the opportunity to vote on the Initiated
<br />Ordinance contained in the initiative petition; and
<br />WHEREAS, property owners within the City will not be unfairly prej-
<br />udiced by the imposition of the temporary moratorium imposed by
<br />this ordinance, as gasoline service stations and automobile service
<br />stations are not uses by right within any zone district within the
<br />City; and
<br />WHEREAS, the U.S. Supreme Court and the Colorado Supreme Court
<br />recognize that, in the field of land use regulation, temporary mora-
<br />toria of reasonable duration are often employed to preserve the
<br />status quo in a particular area while developing a long-term plan
<br />for development and while evaluating the sufficiency of current
<br />regulations; indeed, in countering the incentive of property owners
<br />to develop their property quickly to avoid the consequences of an
<br />impending land use plan for the jurisdiction, moratoria are a crucial
<br />tool for local governments and, therefore, pursuant to express and
<br />implied authority granted by the Colorado Revised Statutes and
<br />multiple Colorado and federal appellate decisions upholding tempo-
<br />rary moratoria on land use applications while amendments are con-
<br />sidered, the City Council has the legal authority to adopt the tem-
<br />porary moratorium set forth herein; and
<br />WHEREAS, the City Council finds and declares it has the power and
<br />authority to adopt this ordinance pursuant to Amendment 64, C.R.S.
<br />§ 29-20-101, et seq. (the Local Government Land Use Control Ena-
<br />bling Act), C.R.S. § 31-23-301, et seq. (concerning municipal zoning
<br />powers), C.R.S. § 31-15-103 (concerning municipal police powers), C
<br />R.S. § 31-15-401 (concerning municipal police powers). C.R.S. § 31-
<br />15-501 (concerning municipal authority to regulate businesses), Ar-
<br />ticle XX of the Colorado Constitution (concerning municipal home
<br />rule), and the City of Louisville Home Rule Charter; and
<br />WHEREAS, an emergency exists because the City Council finds and
<br />determines that, in light of the foregoing recitals and findings, cir-
<br />cumstances warrant the immediate enactment of this ordinance
<br />and imposition of the moratorium set forth herein to protect the
<br />public health, safety, and welfare, and to avoid development that
<br />may contravene the City's efforts to protect the health, safety, and
<br />welfare or the registered electors' efforts to utilize the initiative
<br />process to enact legislation, and it is of critical importance to the
<br />City and its residents that any regulations adopted by the City
<br />Council or approved by the City's registered electors concerning
<br />to all f ture service
<br />sfor such useslwith n thstations
<br />City ns be applied
<br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
<br />THE CITY OF LOUISVILLE, COLORADO:
<br />Section 1. The foregoing recitals are hereby affirmed and in-
<br />corporated herein by this reference as findings of the City Council.
<br />Section 2. Upon the effective date of this ordinance, and until
<br />September 30, 2023, no application for land use approval, including
<br />but not limited to any zoning, subdivision, or site plan application,
<br />filed by or on behalf of any landowner the purpose of which in-
<br />cludes development, construction, expansion, reconstruction, or re-
<br />
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