HomeMy WebLinkAboutordinance.council.002-07
ORDINANCE NO.2
(SERIES OF 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO APPROVING AMENDMENTS TO THE SIX MONTH
TEMPORARY MORATORIUM ESTABLISHED BY ORDINANCE NO. 51,
SERIES OF 2006
WHEREAS, on December 12, 2006, the City Council passed Ordinance No. 51, Series
of 2006, establishing a six month temporary moratorium on the acceptance of building
permit applications regulated by Section 105 of the International Building Code for any
property located in the Commercial Core (CC) District of the City of Aspen; and
WHEREAS, as an effect of the moratorium, certain building permit applications are not
be permitted to be submitted; and
WHEREAS, there is substantial public interest in the preservation of the unique historic
nature and character of certain structures, including their interiors and current uses,
located within the commercial core district of the City of Aspen; and
WHEREAS, it is not the intent of the City Council to unnecessarily postpone projects
that comply with the stated intention of Ordinance 51, Series of 2006, therefore an
amendment is appropriate.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1.
Exemptions from the moratorium
Section 2 of Ordinance No. 51, Series of 2006, is hereby amended by the addition of a
new exemption to read as follows:
(n) Building permit applications that meet all of the following criteria:
I. The proposed interior changes must comply with the intent of Ordinance 51
Series of2006 including but not limited to: the preservation of the unique
historic nature and character of certain interior structures and their uses; the
preservation of current vitality, character, history, and protection of uses and
values of the land within the central business area of the City; and the
preservation of current vitality and the tourist experience, as determined by
the Community Development Director; and .
2. The proposed use ofthe building preserves and contributes to Aspen's historic
and community character, vitality, aesthetics, and/or tourist experience; and
3. One ofthe following is demonstrated:
a. The interior space was physically vacant on December 12, 2006, the
date that Ordinance 51 of 2006 was adopted; or
b. The application returns the building to an established business and/or
use that is at least 40 years continuously running, and the building is a
listed contributing resource on the Aspen Inventory of Historic Sites
and Structures, or the interior changes directly involve and are
physically connected to a contributing resource in the Commercial
Core historic district; and
4. The applicant submits a written agreement to the Community Development
Director addressing with the following items:
a. A list identifying and describing the method for protecting specific
interior elements that are deemed historically significant; and
b. A statement agreeing to the following review processes:
i. The Historic Preservation Commission will have an advisory
role, and make a recommendation to the ComJl1_uJlity__
Development Department regarding the preservation of
significant historic interior elements; and
11. The Community Development Director will review the
application and make a final determination regarding the
preservation of significant historic interior features, and the
proposed use of the interior and its compliance with items I
through 3 above; and
111. Appeals from an adverse decision of the Community
Development Director regarding the preservation of interior
elements shall be reviewed by the City Manager. The decision
rendered by the City Manager shall be the final administrative
action on the matter. All other appeals from the moratorium
shall follow the process set forth in Section 4 of Ordinance 51,
Series of2006; and
IV. Potentially historic features uncovered during the construction
process will be immediately reported to the Community
Development Department and the historic significance of these
elements will be determined using historic photographs,
personal accounts, and building permit files by the Community
Development Department.
Section 2:
This Ordinance shall not affect any eXlstmg 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 3:
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 offices of the Pitkin County Clerk and Recorder.
Section 4:
A public hearing on this ordinance shall be held on the 26th day of February 2007, 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 shall be 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 12th day of February, 2007.
H~~
FINALL Y, adopted, passed and approved this 26th day of February X2007.
Attest:
~
Kathryn S. .
Jik
och, City Clerk
Approved as to form:
o n P. Worcester, City Attorney