HomeMy WebLinkAboutordinance.council.038-84 RECORD OF PROCEEDINGS 100 Leaves
ORDINANCE NO.
(Series of 1984)
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 FOR "LOT SPLIT" SUB-
DIVISIONS, AS SUCH TERM IS DEFINED IN SECTION 24-11.2(d) OF THE
MUNICIPAL CODE
WHEREAS, it has come to the attention of the City Council of
the City of Aspen that "lot split" subdivisions, as are defined
and exempted from the Growth Management Quota System pursuant to
Section 24-11.2{d) of the Municipal Code, may be having an adverse
planning and zoning i~pact on the City of Aspen because (1) they
result in an unacceptable increase in density in established
neighborhoods, (2) they have the potential for disrupting estab-
lished subdivisions contrary to the expectations of purchasers of
property therein, and (3) the review criteria may be outmoded with
regard current conditions; and
WHEREAS, the City Council has determined that the existing
ordinances of the City of Aspen may be insufficient to address the
impacts and long-lasting planning effects of "lot split" subdivi-
sions within the City of Aspen; and
WHEREAS, the City Council deems it to be in the best interest
of the City of Aspen, its inhabitants and visitors, to delay the
acceptance and/or processing of any application requesting land
use review and/or approval or building permit approval in connec-
tion with lot split subdivisions until the current provisions and
proposed amendments to the Municipal Code may be fully studied;
and
WHEREAS, any review or approval of a specific lot split sub-
division application would be inadequate unless and until a review
of existing subdivision and zoning ordinances and, if necessary,
proposed amendments thereto is completed; and
RECORD OF PROCEEDINGS 100 Leaves
WHEREAS, the City Council has determined that more time is
necessary to evaluate the regulation of lot split subdivisions in
the City of Aspen in order to avoid the risks and negative aspects
which may result therefrom, and, therefore, deems it to be in the
best interest of the City, its inhabitants and visitors to impose
a six (6) month moratorium as provided hereinbelow.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
The City Council does hereby impose a moratorium for a period
of six (6) months from the effective date of this ordinance on the
acceptance and/or processing of any application requesting land
use review and/or approval or building permit approval in connec-
tion with "lot split" subdivisions as such term is used in Section
24-11.2(d) of the Municipal Code.
Section 2
The City Manager is hereby directed to implement the afore-
said moratorium throughout the administrative service, specifi-
cally the Planning and Building Departments, until such time as
this moratorium expires, is extended, or is lifted as hereinbelow
provided.
Section 3
This moratorium may be lifted by resolution of the City Coun-
cil, either generally or specifically, with respect to an indi-
vidual application upon a finding by the City Council that the
application presented is not within the spirit and intent of this
moratorium and that approval of the application will not result in
a negative impact.
Section 4
If any section, subsection, sentence, clause, phrase or por-
tion of this ordinance is for any reason held invalid or unconsti-
tutional in a court of competent jurisdiction, such portion shall
RECORD OF PROCEEDINGS 100 Leaves
be deemed a separate, distinct and independent provision and shall
not affect the validity of the remaining portions thereof.
Section 5
A public hearing on the ordinance shall be held on the o~
day of ~~ , 1984, in the City Council Cham-
bers, 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 of
the City Council of the City of Aspen on the /~ day of
, 1984.
William L. Stirling
ATTEST"
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this day of
, 1984.
William L. Stirling
ATTEST:
Kathryn S. Koch, City Clerk