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HomeMy WebLinkAboutordinance.council.032-78RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 32 (Series of 1978) AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE SUBDIVISION OF PROPERTY AND THE APPROVAL OF SUBDIVISION EXCEPTIONS FOR THE PURPOSE OF CONDOMINIUMIZATION WHEREAS, the City Council has determined that it is in the best interest of the City of Aspen to review the comprehensive housing policy for the City and the various ordinances, rules and regulations which have been adopted to implement that housing policy; and WHEREAS, the cor~mlunity is dependent upon the tourist industry; and WHEREAS, the community has developed a growth management plan to restrict future growth; and WHEREAS, the planning office is conducting a housing survey to determine the needs of the community for low and moderate housing for employees and the effect of the growth management plan upon current low and moderate housing sources; and WHEREAS, the data gathered will be used to review and revise said housing policy and the various ordinances, rules and regulations which have been adopted to implement that housing policy; and WHEREAS, the said housing policy and the subdivision regu- lations (ordinance) specifically, as currently proposed to be revised, would introduce significant change in limitations and restrictions upon property; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: RECORD OF PROCEEDINGS 100 Leaves Section 1 The City of Aspen hereby exercises those powers and rights granted to the City by the Constitution of the State of Colorado as a Home Rule charter City to promote the safety, health and general welfare of the City by imposing a temporary moratorium on the subdivision or the approval of subdivision exceptions of property within the corporate limits of the City of Aspen for the purpose of condominiumization. Said moratorium shall be for a period not to extend beyond December 1, 1978; provided, however, that on or before that date, the City Council may extend the moratorium for a period not to exceed six weeks if it is unable to complete the required public hearings for the enactment of such changes in the housing policy or subdivision regulations (ordinance) as the Council may determine appropriate. Section 2 ?his temporary moratorium shall affect all property within the corporate limits of the City of Aspen with respect to requests from property owners for the platting or subdivision of property for the purpose of condominiumization or for an exemption of such property from the provisions of the subdivision regulations (ordinance); provided, however, that the moratorium shall not affect those requests which, at the time of the enactment of this ordinance, had been submitted to the City, and with respect to which no final decision had been made by the City. Section 3 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications, and to this end this ordinance is declared to be severable. -2- RECORD OF PROCEEDINGS 100 Leaves Section 4 That a public hearing on the ordinance shall be held ~ // , 1978, at 5:00 P.~l. in on 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, Colorado, at its regular meeting held at the City of Aspen on the ~ day of ~~ , 1978. ATTEST: City Clerk FINALLY adopted, passed and approved on the __ //~day of 1978. ATTEST: ~athryn ~. Koch City Clerk -3- RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) i SS COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on reading at a regular meeting of the City Counci~ of the City of Aspen on ~ ~/, 197~, and published in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of ~~ ~ , 197~, and was finally adopted and~proved at a ~egular meeting of the City ~ouncil on ~ // , 197~, and ordered published as Ordinance No~ ~.~___, Series of 197~, of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this /~b~ day of .~~ , 197~___. SEAL - lyrn S~Koch, City Clerk