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Home My WebLink Aboutordinance.council.047-07ORDINANCE NO~ (Series of 2007) 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 AMENDED PURSUANT TO ORDINANCE N0.23, SERIES OF 2006, AND AS AMENDED BY ORDINANCE NUMBER 38, SERIES OF 2006, AND AS AMENDED BY ORDINANCE NUMBER 3, SERIES OF 2007, AND AS AMENDED BY ORDINANCE NUMBER 20, SERIES OF 2007. 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, 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 Government Land Use Control Enabling Act of 1974, as amended, §§29-20-101, 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 as amended by Ordinance Number 38, Series of 2006, and as amended by Ordinance Number 3, Series of 2007; and as amended by Ordinance Number 20, Series of 2007; and WHEREAS, Section 2 of Ordinance Number 20, Series of 2007, extended the termination date of the moratorium adopted in Ordinance 19, Series of 2006, only for properties located in the Service Commercial Industrial (SCI) Zone District, to terminate on November 30, 2007; 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 Development Orders in vazious 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: • Recent development activity indicates potential negative impacts on the unique character of the commercial uses of buildings and structures within the City of Aspen; and, Ordinance No. 26, Page 1 Series 2Ai~- Recent development activity indicates that locally serving businesses are being negatively impacted, thereby losing an essential character of the City's commercial economy. 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 the SCI Zone District 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 the SCI Zone District of the City of Aspen with particular attention to the long-term provision of an adequate number oflocally-serving businesses; and WHEREAS, the City Council and the Community Development Department require an additional period of time in which to investigate methods and procedures to insure the long-term health oflocally-serving businesses; 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 as amended by Ordinance Number 38, Series of 2006, and as amended by Ordinance Number 3, Series of 2007; and as amended by Ordinance Number 20, Series of 2007, is hereby extended to terminate on May 30, 2008. Section 2 -Chances to Moratorium: Ordinance Number 19, Series of 2006, as amended pursuant to Ordinance Number 23, Series of 2006, and as amended by Ordinance Number 38, Series of 2006, and as amended by Ordinance Number 3, Series of 2007, and as amended by Ordinance Number 20, Series of 2007, shall continue in its full force and effect and nothing in this Ordinance shall be construed to alter the substantive content of the above cited Ordinances, except as follows: • The termination date shall be extended as described in Section 1, above. Section 3: Ordinance No. 26, Page 2 Series 2®~~ 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. Section 5: 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 6: A public hearing on the Ordinance shall be held on the 29`" day of October, 2007, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) 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. Section 7• This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 22"a day of October, 2007. Attest: t../ 6 `~C Kathryn S. och, City Clerk Michael . I •e and, Mayo FINALLY, adopted, passed and approved this Z~ day of (~L- • Q.{~ , 2007. Attes ~G Kathryn S. I h, C' Clerk Michael C. ire and, May Approved as to form: ~~ John W ester, City Attorney Ordinance No. 26, Page 3 Series 2007