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ORDINANCE NO.3
(Series of 2007)
AN EMERGENCY 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, AND ORDINANCE NO. 38, 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.] I 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 offour (4) Council members; and
WHEREAS, the City of Aspen currently regulates land uses within the City limits in
accordance with Chapter 26.] 04 et seq. of the Aspen Municipal Code pursuant to its Home Rule
Constitutional authority and the Local Government Land Use Control Enabling Act of ] 974, as
amended, ~~29-20-1 0], 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 of2006, and Ordinance Number 38, Series of2006; and,
WHEREAS, Section 7 of Ordinance Number 19, 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 Deve]opment 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.3,
Series of 2007.
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 Cornmunity 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 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, the City Council has determined that it is necessary to declare an emergency
for the preservation of public property, health, peace, and safety with the extension of the
termination date of a moratorium; 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, and
Ordinance Number 38, Series of2006, is hereby extended to terminate on May 3],2007.
Section 2 - Changes to Moratorium:
Ordinance Number ] 9, Series of 2006, as amended pursuant to Ordinance Number 23, Series of
2006, and Ordinance Number 38, Series of 2006, shall continue in its full force and effect and
Ordinance No.3,
Series of 2007.
Page 2
nothing in this Ordinance shall be construed to alter the substantive content of Ordinances 19, 23,
and 38, except as follows:
. The termination date shall be extended as described in Section ], above.
. Projects that are have or are eligible to received a Development Order on the effective date
of this ordinance, as described on staff exhibit presented February 28th attached hereto,
shall not be prohibited from applying for or receiving a building permit.
Section 3 - Emergency Declaration
It is hereby declared that, in the opinion of the City Council, an emergency exists; there is a need for
the immediate preservation of the health, safety, peace, and welfare of the City of Aspen, its
residents, and guests; and, this temporary moratorium provides the time necessary to prepare a
review of all current land use and building code regulations and for the City Council and staff of the
City of Aspen to consider amendments, if any are required, to the Land Use Code or Building Code
of the Aspen Municipal Code.
Section 4 - Effective Date.
This Ordinance shall become effective immediately upon passage.
Section 5 - Publication.
The City Clerk is directed that publication of this ordinance shall be made as soon as practical and
no later than ten (10) days following final passage.
Section 6:
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 7:
]f 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 ofthe Pitkin County Clerk and Recorder.
Section 8:
A public hearing on this ordinance shall be held on the 26th day of February, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado.
Ordinance No.3,
Series of 2007.
Page 3
INTRODUCED AND READ as provided by law as an emergency Ordinance by the City Council
of the City of Aspen on the 12th day of February, 2007.
4~
ATTEST:
FINALLY adopted, passed and approved this A'8' day o~ ,2007, by
X the unanimous vote of all City Council members present; or
a vote of four (4) council members.
4CY-
Attached: February 28,2007, staff exhibit.
Ordinance No.3,
Series of 2007.
Page 4
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