HomeMy WebLinkAboutordinance.council.065-82 RECORD OF PROCEEDINGS 100 Leaves
ORDINANCE NO. ~5 -
(Series of 1~--~)
AN ORDINANCE IMPOSING A SIX (6) MONTH MORA~O_~M ON THE ACCEPTANCE
AND OR PROCESSING OF ANY APPLICATION REQUESTING L$ND-~SE REVIEW
AND/OR AppROVAL OR BUILDING PEi~MIT APP~QVAL OF ANY NEW OR
CONVERSION TIMESHARE PROJECTS WITHIN THE CITY OF ASPEN
WHEREAS, since the City Council of the City of Aspen has
determined, during its review of a proposed time-share regulation
ordinance, that time-sharing has impacts different from and
greater than that of other short-term tourist uses and under-
regulated time-share projects could be detrimental to the City of
Aspen; and
WHEREAS, the City Council has determined that the existing
ordinances of the City of Aspen are insufficient in regulating
timesharing and should be revised to specifically address the con-
cerns of timesharing; and
WHEREAS, the City Council is of the opinion that all new con-
struction of projects and the conversion of existing projects for
the purposes of timesharing should be delayed pending changes to
the Municipal Code of the City of Aspen so that the new regula-~
tions would more adequately protect and preserve the City any
negative impacts from an under-regulated timeshare project; ~nd
WHEREAS, the City Council acknowledges that any review or
approval of a timesharing application would not be complete until
the newly proposed timeshare ordinances currently under review are
completed; and
WHEREAS, the City Council has determined that more time is
necessary to evaluate the regulation and possible prohibition of
timesharing in the City of Aspen; and
WHEREAS, s timeshare task force consisting of Gideo~ Kaufman,
Nick McGrath, Ron Austin, Tony Percival, Jerry Hewey, Bill Ster-
ling, Ron Mitchell and Alice Davis thoroughly researc~ the con-
RECORD OF PROCEEDINGS 10O Leaves
cept of timesharing and problems relating to the concept and
drafted a proposed timeshare ordinance based on this knowledge;
and
WHEREAS, after a joint work session of the City Council and
Planning and Zoning Commission held on July 27, 1982, the Planning
and Zoning Commission held a public hearing on timesharing at a
special meeting on August 10, 1982, in order to discuss the advan-
tages and disadvantages of timesharing, the different methods for
regulating timesharing and to also review and make amendments to
the timeshare task force draft ordinance; and
WHEREAS, on September 7, 1982, the Planning and Zoning Com-
mission did adopt Resolution No. 82-10 recommending a timeshare
ordinance for adoption by the City Council, as an amendment to
Chapter 20, Aspen Municipal Code, Subidivision, which resolution
also included an amendment to the text of Chapter 24, Aspen Muni-
cipal Code, Zoning, by the addition of a new conditional use to
Section 24-3.2; and
WHEREAS, Section 24-12.7 of the Aspen Municipal Code, pro-
vides that at such time as the Planning and Zoning Commission may,
subsequent to public hearing, adopt a resolution recommending to
City Council approval of a change in the text of Chapter 24, the
Building Inspector shall not issue permits for construction that
would be prohibited by the proposed amendment for a period of one
year, or until City Council shall act on such change; and
WHEREAS, the City Council held a work session on timesharing
on October 5, 1982, and did discuss and table the first reading of
the Planning and Zoning Commission's proposed ordinance on October
12, 1982; and
WHEREAS, since the City Council recognizes that an emergency
situation exists in that more time is needed for a more thorough
review of timesharing in order to avoid the risks of negative
RECORD OF PROCEEDINGS 100 LeAves
impacts which may result from under-regulated timeshare projects,
the City Council does wish to impose a six (6) month moratorium in
all zone districts in the City of Aspen on the acceptance and/or
processing of applications for the construction and/or conversion
of all buildings for the purposes of timesharing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN:
Section 1
That for a period of six (6) months from the effective date
hereof, a moratorium is hereby imposed on the acceptance or pro-
cessing by the Planning Office or Building Department of any
application for any new or conversion time-share project request-
ing land-use review and/or approval or building permit approval.
Section 2
That pursuant to the aforesaid moratorium and during a period
of six (6) months from the effective date hereof, (1) the Building
Inspector is hereby directed not to accept or process, in connec-
tion with any time-share project, any applications for permits to
construct, expand, convert and/or remodel any buildings located
within the City of Aspen and (2) the Planning Director is hereby
directed not to accept or process any application requesting the
review and/or approval of a timeshare project and/ or use located
within the City of Aspen.
Section 3
If any section, subsection, sentence, clause, phrase or por-
tion of this ordinance is for any reason held invalid or unconsti-
tutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining por-
tions thereof.
RECORD OF PROCEEDINGS 100 Leaves
Section 4
A public hearing on the ordinance shall be held on the
day of , 1982, at 5:00 P.M. in the City Council
Chambers, Aspen City Hall, 130 South Galena Street, Aspen,
Colorado, 15 days prior to which hearing notice of the same shall
be published once in a newspaper of general circulation within the
City of Aspen.
INTRODUCED, READ AND ORDERED published as provided by law by
the City Council of the City of Aspen, Colorado, at its regular
meeting held , 1982.
Herman Edel, Mayor
ATTEST:
K-~hryn S. Koch, City Clerk
FINALLY adopted, passed and approved this day of
· 1982.
Herman Edel, Mayor
ATTEST:
Kathryn S. Koch, C~'y Clerk