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HomeMy WebLinkAboutordinance.council.065-82 RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~5 - (Series of 1~--~) AN ORDINANCE IMPOSING A SIX (6) MONTH MORA~O_~M ON THE ACCEPTANCE AND OR PROCESSING OF ANY APPLICATION REQUESTING L$ND-~SE REVIEW AND/OR AppROVAL OR BUILDING PEi~MIT APP~QVAL OF ANY NEW OR CONVERSION TIMESHARE PROJECTS WITHIN THE CITY OF ASPEN WHEREAS, since the City Council of the City of Aspen has determined, during its review of a proposed time-share regulation ordinance, that time-sharing has impacts different from and greater than that of other short-term tourist uses and under- regulated time-share projects could be detrimental to the City of Aspen; and WHEREAS, the City Council has determined that the existing ordinances of the City of Aspen are insufficient in regulating timesharing and should be revised to specifically address the con- cerns of timesharing; 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 changes to the Municipal Code of the City of Aspen so that the new regula-~ tions would more adequately protect and preserve the City any negative impacts from an under-regulated timeshare project; ~nd WHEREAS, the City Council acknowledges that any review or approval of a timesharing application would not be complete until the newly proposed timeshare ordinances currently under review are completed; and WHEREAS, the City Council has determined that more time is necessary to evaluate the regulation and possible prohibition of timesharing in the City of Aspen; and WHEREAS, s timeshare task force consisting of Gideo~ Kaufman, Nick McGrath, Ron Austin, Tony Percival, Jerry Hewey, Bill Ster- ling, Ron Mitchell and Alice Davis thoroughly researc~ the con- RECORD OF PROCEEDINGS 10O Leaves cept of timesharing and problems relating to the concept and drafted a proposed timeshare ordinance based on this knowledge; and WHEREAS, after a joint work session of the City Council and Planning and Zoning Commission held on July 27, 1982, the Planning and Zoning Commission held a public hearing on timesharing at a special meeting on August 10, 1982, in order to discuss the advan- tages and disadvantages of timesharing, the different methods for regulating timesharing and to also review and make amendments to the timeshare task force draft ordinance; and WHEREAS, on September 7, 1982, the Planning and Zoning Com- mission did adopt Resolution No. 82-10 recommending a timeshare ordinance for adoption by the City Council, as an amendment to Chapter 20, Aspen Municipal Code, Subidivision, which resolution also included an amendment to the text of Chapter 24, Aspen Muni- cipal Code, Zoning, by the addition of a new conditional use to Section 24-3.2; and WHEREAS, Section 24-12.7 of the Aspen Municipal Code, pro- vides that at such time as the Planning and Zoning Commission may, subsequent to public hearing, adopt a resolution recommending to City Council approval of a change in the text of Chapter 24, the Building Inspector shall not issue permits for construction that would be prohibited by the proposed amendment for a period of one year, or until City Council shall act on such change; and WHEREAS, the City Council held a work session on timesharing on October 5, 1982, and did discuss and table the first reading of the Planning and Zoning Commission's proposed ordinance on October 12, 1982; and WHEREAS, since the City Council recognizes that an emergency situation exists in that more time is needed for a more thorough review of timesharing in order to avoid the risks of negative RECORD OF PROCEEDINGS 100 LeAves impacts which may result from under-regulated timeshare projects, the City Council does wish to impose a six (6) month moratorium in all zone districts in the City of Aspen on the acceptance and/or processing of applications for the construction and/or conversion of all buildings for the purposes of timesharing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN: Section 1 That for a period of six (6) months from the effective date hereof, a moratorium is hereby imposed on the acceptance or pro- cessing by the Planning Office or Building Department of any application for any new or conversion time-share project request- ing land-use review and/or approval or building permit approval. Section 2 That pursuant to the aforesaid moratorium and during a period of six (6) months from the effective date hereof, (1) the Building Inspector is hereby directed not to accept or process, in connec- tion with any time-share project, any applications for permits to construct, expand, convert and/or remodel any buildings located within the City of Aspen 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 3 If any section, subsection, sentence, clause, phrase or por- tion of this ordinance is for any reason held invalid or unconsti- 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 por- tions thereof. RECORD OF PROCEEDINGS 100 Leaves Section 4 A public hearing on the ordinance shall be held on the day of , 1982, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, 130 South Galena Street, 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, Colorado, at its regular meeting held , 1982. Herman Edel, Mayor ATTEST: K-~hryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of · 1982. Herman Edel, Mayor ATTEST: Kathryn S. Koch, C~'y Clerk