HomeMy WebLinkAboutordinance.council.038-06
ORDINANCE NO. 38
(Series of 2006)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
EXTENDING A TEMPORARY MORATORIUM ADOPTED PURSUANT TO
ORDINANCE NUMBER 19, SERIES OF 2006, AND AS AMEDED PURSUANT TO
ORDINANCE NO. 23, SERIES OF 2006.
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, Section 4.11 of the Charter authorizes the City Council to enact emergency
ordinances for the preservation of public property, health, peace, or safety upon the unanimous vote
of City Council members present or upon a vote of four (4) Council members; 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 Govemment Land Use Control Enabling Act of 1974, as
amended, 9929-20-101, et seq. C.R.S; and
WHEREAS, the City Council of the City of Aspen enacted a temporary moratorium
pursuant to Ordinance Number 19, Series of 2006, as amended pursuant to Ordinance Number 23,
Series of 2006; and,
WHEREAS, Section 7 of Ordinance Number 19, Series of2006, 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 are having the following negative effects upon the community:
. The pace of construction in the community is far too great for the community to
properly absorb and for the City to properly service; and
. The pace of construction is having deleterious impacts upon the City's resort
economy; and
. The community is not achieving the affordable housing goals as set forth in the
Aspen Area Community Plan; and
. The recently enacted amendments to the Land Use Code commonly referred to as
the "infill code amendments" are not having the desired effects upon development
activity in the community; and
. Recent development activity indicates that locally serving businesses are being
negatively impacted thereby losing an essential character to the City's retail
economy; and
Ordinance No. 38,
Series of 2006.
Page 1
,.._....-._~...^-~--...~..-. . ...._.-._......_~-"~-"-~--.._.. ~.. .-.----
. Construction traffic and activity within the City has had, and will continue to have, a
deleterious impact upon the health, safety and wellbeing of the City's residents and
guests;
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 oftime 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 those recent Land Use Code amendments commonly referred to
as "infill code amendments;" and
WHEREAS, the City Council and the Community Development Department require an
additional period of time in which to investigate methods and procedures to better pace the
construction activity in the City including, but not limited to, the implementation of a system by the
City's Building Department to control the issuance of building permits; 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 19, Series of 2006, as amended pursuant to Ordinance Number 23, Series of 2006, is
hereby extended to terminate on February 28, 2007.
Section 2 - No Chanl!:es to Moratorium:
Ordinance Number 19, Series of 2006, as amended pursuant to Ordinance Number 23, Series of
2006, shall continue in its full force and effect and nothing in this Ordinance shall be construed to
alter the substantive content of Ordinances 19 and 23, except to the extension of the termination
date as described in Section 1, above.
Ordinance No. 38,
Series of 2006.
Page 2
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
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
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 5:
A public hearing on this ordinance was held on the 25th day of September 2006, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, fifteen days prior to which hearing a public notice of the same was published 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 on the 11th day of September, 2006.
Attest:
~)A-~
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved thisc1-S-day Of~6
Attest:
Approved as to form:
~
. Attorney
Ordinance No. 38,
Series of 2006.
Page 3