The URL can be used to link to this page

Home My WebLink Aboutordinance.council.074-79RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ (Series of 1979) AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON ~{E SUBDIVSION OF LODGE AND HOTEL UNITS AND THE APPROVAL OF SUBDIVISION EXEMPTIONS FOR THE PURPOSE OF CONDOMINIUMIZATION, TIME-SHARING OR SPLITTING THE FEE OF SUCH UNITS WHEREAS, by definition hotels and lodges are intended for the temporary occupancy of guests as opposed to dwelling units which are designed and intended as private residences; and WHEREAS, the purpose of subdivision regulations is to assist in the orderly, efficient and integrated development of the City; to insure that a proper balance is achieved beween tourist and residential housing; to support and assist zoning regulations; and, to preserve the City's viability as a tourist area; and WHEREAS, the Planning and Zoning Commission as well as the City Council have investigated the experience of other ski resorts in the subdivision of hotels and lodges; and WHEREAS, the experience of other ski resorts has been that the subdivision of hotels and lodges by either condominiumization or the appproval of time-sharing results in the removal of a sig- nificant number of units from the tourist accommodation pool; and WHEREAS, it is the specific finding of the City Council that the removal of even a few units from the tourist accommodation pool would result in an improper balance between tourist and resi- dential housing and adversely affect the City's viability as a tourist area; and WHEREAS, it is the opinion of the City Council that under a properly redrafted subdivision code it may be possible to approve some form of subdivision without the detrimental effect exper- ienced in other ski resorts; and RECORD OF PROCEEDINGS 100 Leaves (i) (J) (k) (1) (m) (n) (o) (p) (q) (r) (s) (t) Impervious Material - a material, such as clay, which does not allow the passage of water. License - a written license issued or their authorized representative operation of a mobile home park. by the City Council authorizing the Mobile Home or Mobile Home Unit - a structure designed to be transported after fabrication and exceeding either eight (8) feet in body width or thirty-two (32) feet in body length excluding towing gear and bumper. Such a structure is suitable for human habitation on a year- round basis when provided with the required plumbing, heating and electrical facilities provided, however, that any substandard sized units existing at the time of adoption of these regulations shall be allowed to continue. Mobile Home Park - any lot or portion thereof upon which sanitary facilities and individual utility connections are available for two (2) or more mobile homes. A mobile home park is distinct from individual mobile homes in that the park is operated under single manage- ment. Mobile Home Stand - that portion of an individual mobile home space which has been reserved for the placement of a mobile home, and structures or additions appurtenant to the mobile home. Operate - to rent or lease or to offer to rent or lease any land located within a mobile home park or otherwise allow any such land to be occupied. Operator any person who operates a mobile home park. Park Licensee - the individual to whom a license to operate a mobile home park has been issued by the City Council. Person - an individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institu- tion, utility, cooperative, municipality or any other political subdivision of that State or any interstate body or any other legal entity. Utility Building - a structure located on a mobile home lot which is designated and used solely for the storage and use of personal equipment and possessions of the mobile home occupants. Utility Building Stand - the ground located beneath a portable utility building. Service Building - a building housing laundry facilities operated by the mobile home park management, recrea- tional facilities, storage and all other activities, facilities and uses which may be authorized or approved -2- RECORD OF PROCEEDINGS 100 Leaves (u) (v) (w) (x) (y) (z) (aa) Sec. by the City Council under Section 14.4 in this regula- tion. Service Street - a private street, within a mobile home park, designed to be used primarily for service vehi- cles, such as garbage trucks, fire trucks and mobile home transport vehicles. Site - a MHP district. Street - a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, thruway, road, avenue, boulevard, lane, place or however other- wise designed. Street Frontage - that side of a mobile home space abut- ting a street or roadway and ordinarily regarded as the front of the mobile home space. On a corner mobile home space only one (1) side shall be considered as the front and the shorter street frontage shall be considered the front of the mobile home space. Structure - anything constructed or erected, the use of which requires a location on the ground or attachment to something located on the ground, including, but not by way of limitation, signs, fences, buildings, comfort stations, water or sanitary stations, mobile homes, recreational vehicles and tents. Travel Trailer - a mobile home less than eight (8) feet wide and less than thirty-two (32) feet in length and designed for temporary occupancy, generally for vacation or recreational purposes. Unit - mobile home space. 14-2. Description of Mobile Home Park Site. Specific District Requirements. Except as otherwise provided in Chapter 24 of the Aspen Municipal Code, the following requirements shall apply to all mobile home parks: (a) Density and Space: Ail units shall be spaced in accordance with the requirements of Section 14-6. (b) Site Conditions: (1) The condition of the soil, groundwater level, drainage and topography within a mobile home park shall not be such as to create hazards to the property or the health or safety of the occupants of the mobile home park. (2) The site of a mobile home park shall not be exposed to health and safety hazards such as objectionable smoke, noxious RECORD OF PROCEEDINGS 100 Leaves WHEREAS, the subdivision rently proposed to be revised, in both the limitations and WHEREAS, the community tourist area; restrictions upon is dependent upon regulations (ordinance), as cur- would introduce significant change property; and its viability as a NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CITY OF ASPEN, COLORADO: 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 gen- eral welfare of the City by imposing a temporary moratorium on the subdivision or the approval of subdivision exemptions of hotel and lodge units within the corporate limits of the City of Aspen for the purpose of condominiumization, time-sharing or splitting the fee of such units. Said moratorium shall be for a period not to exceed beyond February 1, 1980. Section 2 This temporary moratorium shall units within the corporate limits of affect all hotel and lodge the City of Aspen with respect to requests from property owners for the platting or sub- division of such property for the purpose of' condominiumization, time-sharing or splitting the fee of such units or for an exemp- tion of such property from the provisions of regulations (ordinance); provided, however, not affect those requests which, at the time the subdivision the moratorium shall of the enactment of -2- RECORD OF PROCEEDINGS 100 Leaves this ordinance on first reading, had been submitted to the City, and with respect to which no final decision had been made by the City. 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. Section 4 A public hearing on the dayof City Council Chambers, INTRODUCED, ordinance shall , 1979, Aspen City Hall, Aspen, READ AND ORDERED published as at 5:00 P.M. in the Colorado. provided by law by the meeting held at 1979. City Council of the City of Aspen, Colorado, at its regular the City of Aspen on the ~2~~~.)-- Herman Edel ~ Mayor ATTEST: City Clerk -3- RECORD OF PROCEEDINGS '100 Leaves FINALLY adopted, passed and approved on the--/~"/day of ~ , 1979. John/P. Van Ness Chairman of the Council .A~ TES~. Kathryn S. ~ch City Clerk -4- RECORD OF PROCEEDINGS '.: .100 Leaves STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was ~c~'ar~ui~rf~i~do~a~dc~y~the~ - _ '!_ _ . City of Aspen on ~~A~o~_ , 1972, and published in the Aspen Times a ~eekly newspaper of general circul- ation,' publishe~ in the City of Aspen, Colorado, in its issue of ~ ~--, 197_~, and was finally adopte and-approved at a regular meeting of the City Council on ~~=~=~_~__, 197~., and orde];ed published as Ordinance No. /~ provided by law, IN WITNESS WHEREOF, Series of 197~,. of said City, as I have hereunto set my hand and the seal of said City of Aspen, Colorado. this day of ~ , 1973· ~--City Clerk -- SEAL Deputy City Clerk