HomeMy WebLinkAboutordinance.council.034-01 ORDINANCE NO. 3~
(Series of 2001)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING ARTICLE XIII OF THE CITY OF ASPEN HOME RULE CHARTER BY THE
ADDITION OF A NEW SECTION 13.13 RELATING TO SPECIALLY DESIGNATED
SPACES WITHIN THE CITY OF ASPEN.
WHEREAS, throughout history all sustainable societies have had an acute awareness of
certain places being sacred; these places being the central focus of cultural values and meaning,
as well as the physical anchors for myths, legends, Ceremonies and rituals; and
WHEREAS, according to Native American peoples, sacred places enable humans to stay
in closer touch with various spiritual realms, which are the roots of health, healing, meaning,
creativity and the basis for personal power, for tree power in the Indian reality, is a
manifestation of spiritual attunement; and
WHEREAS, these sacred places include burial grounds and graves, purification sites,
healing sites, special flora and fauna sites, vision quest'mg and dreaming places, mythic and
legendary sites, temples and shrines, spiritual renewal sites, astronomical observatories,
historical sites, fertility sites, baptismal sites, or other similar spiritual or historically significant
sites; and
WHEREAS, the City Council hereby finds and declares that certain City owned
property within the City of Aspen are sacred sites because of their currently designated use that
deserve to be protected from incompatible uses in the future; and
WHEREAS, the City Council has determined that such parcels of land should be
considered as sacrosanct and as such should not be allowed to be used for incompatible purposes
notwithstanding any permitted or conditional uses allowed in the zone district or any temporary
use permits that may be authorized by the City of Aspen Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1.
That Article XIII of the Aspen Murficipal Code shall be and hereby is amended by the addition of
a new Section 13.13 which section shall read as follows:
Section 13.13 Spedally Designated Spaces.
(a) Specially Designated Spaces. The following City-owned properties are hereby
identified as Specially Designated Spaces:
(i) The Ute Cemetery.
(ii) The John Denver Sanctuary at the Rio Grande Park.
(b) Uses of Specially Designated Spaces. Notwithstanding any provision of the
Municipal Code to the contrary, changes in the authorized uses of Specially Designated Spaces
shall be by resolution approved by the unanimous vote of all council members.
Section 2.
This ordinance shall become effective on ~anuary 1, 2002, provided that the electors of the City
approve the same at the special municipal election on November 6, 2001.
Section 3.
That 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, disfmct and independent provision and shall not affect the validity of the
remaining portions thereof.
Section 4.
That this ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
A public hearing on the ordinance shall be held on the~i~-'-~ day of~ 2001,
in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the /~ day of ~. ,2001.
·. Hel~n I~ali~anlert~l~
ATTEST: -..
Kathryn S.~6ch, City Clerk
FINALLY adopted, passed and approVed this o~L~ day of
,2001. ~
ATTEST: .
Kathryn S. J~6ch, City Clerk
JPW-O8/22/2001-G:\john\word\ords\charter-amd.doc
4