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HomeMy WebLinkAboutordinance.council.035-08ORDINANCE N0.35 (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, AS AMENDED PURSUANT TO ORDINANCE 46, SERIES OF 2007, AND AS AMENDED BY ORDINANCE NO. 15, SERIES OF 2008. WHEREAS, the City of Aspen (the "City") is a legally and regulazly 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 as amended pursuant to Ordinance 15, Series of 2008; 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 appear to be consistent with the goals and vision as expressed by the 2000 Aspen Area Community Plan and aze having the following negative effects upon the community: • Recent development activity indicates potential negative impacts on the preservation of the unique historic chazacter of certain structures, including their interiors and current uses; • Recent development activity indicates potential negative impacts on the unique chazacter 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 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 particulaz attention to the preservation of historic interior elements, and with particulaz 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 chazacter 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, and as amended pursuant to Ordinance 15, Series of 2008, is hereby extended to terminate on 2009. 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, and as amended by Ordinance 15, Series of 2008, 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. 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 sepazate, 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 8s' day of December, 2008, at 5:00 in the City Council Chambers, Aspen City Hall, 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 l Os' day of November, 2008. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this day of , 2008. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Approved as to form: John Worcester, City Attorney Exhibit A MEETING NOTES ASPEN CHAMBER RESORT ASSOCIATION SUBCOMMITTEE ON COMMERCIAL MIX THURSDAY NOVEMBER 6, 2008 AT CITY HALL Attendees: Rick Jones, Cazi Kuhlman, Charles Bantis, Helen Klanderud, Patsy Malone, (Ben Gagnon- City staff) RJ: It's not appropriate for government to solve these issues. CB: Where would funding come from? Like the idea of using something like ranch owners use with regazd to conservation easements, getting tax breaks to keep the use in place. BG: The reseazch we're done shows that government tax breaks would probably not be enough of a financial reason to retain uses; the local lease rates are a much larger factor. RJ: Like the idea of "City Mall," moving City offices elsewhere and making City Hall a place for some kind of affordable commercial. HK: I like that concept. Concerned about whether giving affordable space to a certain kind of business would give them unfair advantage over an existing competing business. CB: There's nowhere for local people to start a business right now. CK: Don't think there should be government involvement except for preserving some limited amount of necessities -- core businesses. RJ: It would be a huge chunk of change for the City to buy commercial space. PM: What's the criteria for identifying core businesses? I don't think you could come up with criteria for that. It's different for different people. HK: Of course some core businesses are necessary, whether it's grocery, gas, pharmacy, but I think the area's business leaders would step in and make sure we have those. I think this discussion over the past two years has been driven by fear and emotion. I don't think we will lose essential businesses when it comes down to it. CB: I agree. I think the market will work it out. The market will take care of essential businesses. RJ: I remember when Bullock's was considered an essential business -when we were azguing about not being able to buy underweaz. I remember when Boogie-fication was going to be the death of the town. The market adapts to needs, so if it's a necessity it will happen. HK: If anything, government should cut fees or use incentives to help keep essential businesses. RJ: I'm interested in the idea of setting aside space with controlled rents in some sort of public initiative or public-private partnership. Maybe a developer can make a choice between providing affordable housing or providing affordable commercial space. HK: I'm OK with a concept like that. CK / CB / PM: Not in favor.