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HomeMy WebLinkAboutordinance.council.057-83 RECORD OF PROCEEDINGS 100 Leaves (Series of 1983) AN ORDINANCE AMENDING SECTION 24-3.2 OF THE ZONING CODE OF THE CITY OF ASPEN TO DELETE FROM THE SCHEDULE OF PERMITTED AND CONDITIONAL USES REFERENCE THEREIN TO TIMESHARING AS A CONDITIONAL USE IN THE R-MF ZONE WHEREAS, the City Council deems it to be in the best interest of the City of Aspen and its residents and visitors to amend Section 24- 3.2 of the Municipal Code of the City of Aspen so as to delete tame- sharing as a conditional use in the R-MF zone as set forth herein- below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C2TY OF ASPEN, COLORADO: Section 1 That the schedule of permitted and conditional uses for varaous zone districts adopted and incorporated in Section 24-3.2 of the Municipal Code of the City of Aspen be and the same is hereby amended by deleting "timesharing" as conditional uses in the R- MF zone. Section 2 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstL- 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 portions thereof. Section 3 A public hearing on the ordinance shall be held on the day of , 1983, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, 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 on the day of , 1983. William L. Stirling, Mayor ATTEST: Kathryn S. Koch, City Clerk RECORD OF PROCEEDINGS 100 Leaves (Series AN ORDINANCE IMPOSING A SIX (6) MONTH MORATORIUM ON THE ACCEPTANCE AND/OR PROCESSING OF ANY APPLICATION REQUESTING LAND-USE REVIEW AND/OR APPROVAL OR BUILDING PERMIT APPROVAL OF ANY NEW OR CONVER- SION TIMESHARE PROJECTS WITHIN THE CITY OF ASPEN WHEREAS, since the City Council of the City of Aspen has determined, during its review of existing timeshare regulations that timesharing has impacts different from and greater than tha5 of other short-term tourist uses and the impacts of timeshare pro- jects could be detrimental to the City of Aspen; and WHEREAS, the City Council has determined that the existing ordinances of the City of Aspen insufficiently address the impacts and long lasting effects of timeshare projects; 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 a review of an possible changes to the Municipal Code of the City of Aspen to more adequately protect and preserve the City from any negative impacts of timeshare projects; and WHEREAS, the City Council acknowledges that any review or approval of a timesharing application would not be complete until a review of existing timeshare ordinances and proposed amendments currently under review are completed; and WHEREAS, the City Council has also determined that more time is necessary to evaluate the regulation (and possible prohibition) of timesharing in the City of Aspen; and WHEREAS, since the City Council recognizes time is needed for a more thorough review of timesharing in order to avoid the risks of negative impacts which may result from timeshare projects, the City Council deems it to be in the best interests if the City, and its inhabitants and visitors to impose a six (6) month moratorium RECORD OF PROCEEDINGS 100 Leaves in all zone districts in the City of Aspen on the accpetance and/or processing of applications for the construction and/or conversion of all buildings for the purpose of timesharing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That pursuant to the aforesaid moratorium and during a per[od of six (6) months from the effective date hereof, (1) the Building Inspector is hereby directed not to accept or process applications requesting permission to construct or develop timeshare projects; 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 2 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional 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 portions thereof. Section 3 A public hearing on the ordinance shall be held on the /~ day of ~/~~/ , 1983, at 5:00 P.M. 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 /7 day of William L. Stirling, MaWr RECORD OF PROCEEDINGS 100 Leaves ATTEST: 'K a t~~, ~/~~/ City Clerk FINALLY adopted, passed and approved this /~Z~ day of 1983. : William L. Stirling, Mayo~ ATTEST: KOch, City Cler~