HomeMy WebLinkAboutordinance.council.010-08ORDINANCE NO. 10
(Series of 2008)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, EXTENDING A TEMPORARY MORATORIUM ADOPTED
PURSUANT TO ORDINANCE NUMBER 51, SERIES OF 2006, AS AMENDED
PURSUANT TO ORDINANCE N0.2, SERIES OF 2007, AS AMENDED
PURSUANT TO ORDINANCE NUMBER 26, SERIES OF 2007, AS AMENDED
PURSUANT TO ORDINANCE NUMBER 37, SERIES OF 2007, AND AS
AMENDED PURSUANT TO ORDINANCE 46, SERIES OF 2007.
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, the City Council of the City of Aspen enacted a temporary
moratorium pursuant to Ordinance Number 51, Series of 2006, as amended pursuant to
Ordinance Number 2, Series of 2007, and as amended pursuant to Ordinance Number 26,
Series of 2007, and as amended pursuant to Ordinance Number 37, Series of 2007, and as
amended pursuant to Ordinance 46, Series of 2007; and,
WHEREAS, Section 7 of Ordinance Number 51, Series of 2006, allows for the
termination date of the moratorium to be extended by City Council through the adoption of
an ordinance; and,
WHEREAS, the City Council reaffirms the reasons for implementing the
moratorium, specifically that recent land use applications seeking Development Orders in
various City Zone Districts do not appeaz to be consistent with the goals and vision as
expressed by the 2000 Aspen Area Community Plan and are having the following negative
effects upon the community:
Recent development activity indicates potential negative impacts on the
preservation of the unique historic character of certain structures, including
their interiors and current uses;
Recent development activity indicates potential negative impacts on the
unique character of the uses of buildings and structures within the
commercial core of the City of Aspen; and,
WHEREAS, the City Council and the Community Development Department
require an additional 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
Ordinance No. 10, Page 1
Series 2008
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 and the Community Development Department
require an additional period of time in which to 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 the preservation of historic interior
elements, and with particular attention to a diverse, healthy and vibrant mix of commercial
uses; and
WHEREAS, the City Council and the Community Development Department
require an additional period of time in which to investigate methods and procedures to
insure the preservation of historic interior elements, and to insure a diverse, healthy and
vibrant mix of commercial uses; and,
WHEREAS, an extension of the moratorium termination date will enable a
reasoned discussion of the desired character and rate of development and redevelopment and
consideration of amendments to the Land Use Code without creating a rush of development
applications and the related impacts upon the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO, THAT:
Section 1-Extension of Moratorium Termination Date:
The termination date of the temporary moratorium enacted through the adoption of
Ordinance Number 51, Series of 2006, as amended pursuant to Ordinance Number 2, Series
of 2007, and as amended pursuant to Ordinance Number 26, Series of 2007, and as amended
pursuant to Ordinance Number 37, Series of 2007, and as amended pursuant to Ordinance
46, Series of 2007, is hereby extended to terminate on December 12, 2008.
Section 2 -Chances to Moratorium:
Ordinance Number 51, Series of 2006, as amended pursuant to Ordinance Number 2, Series
of 2007, shall continue in its full force and effect and nothing in this Ordinance shall be
construed to alter the substantive content of Ordinance Number 51, Series of 2006;
Ordinance Number 2, Series of 2007; Ordinance Number 26, Series of 2007; and Ordinance
Number 37, Series of 2007, and as amended pursuant to Ordinance 46, Series of 2007,
except as follows:
• The termination date shall be extended as described in Section 1, above.
Section 3:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Ordinance No. 10, Page 2
Series 2008
Section 4:
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 5•
The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this
ordinance in the office of the Pitkin County Clerk and Recorder.
Section 6:
A public hearing on the Ordinance shall be held on the 28`h day of April, 2008, at 5:00 in the
Rio Grande Meeting Room, 455 Rio Grande Place, Aspen Colorado, fifteen (15) days prior
to which hearing a public notice of the same shall be published in a newspaper of general
circulation within the City of Aspen.
Section 7•
This ordinance shall become effective thirty (30) days following final adoption.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 24`h day of March, 2008.
Attest:
.~ ~~
Kathryn S. K ,City Clerk
Michael C. Ireland, Maym
FINALLY, adopted, passed and approved this 28th day of April, 2008.
Attest:
Kathryn S. I h, City Clerk
Michael C. Ireland, May r
Approved as to form:
/` ~ f
o n orcester, City Attorney
Ordinance No. 10, Page 3
Series 2008