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ORDINANCE NO. 26
(Series of 2007)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, EXTENDING A TEMPORARY MORATORIUM
ADOPTED PURSUANT TO ORDINANCE NUMBER 51, SERIES OF 2006, AND AS
AMEDED PURSUANT TO ORDINANCE NO.2, 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, Section 4.11 of the Charter authorizes the City Council to enact
emergency ordinances for the preservation of public property, health, peace, or safety upon
the unanimous vote of City Council members present or upon a vote of four (4) Council
members; 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, 9929-20-101, et seq, C.R.S; and
WHEREAS, the City Council of the City of Aspen enacted a temporary
moratorium pursuant to Ordinance Number 51, Series of 2006, as amended pursuant to
Ordinance Number 2, Series of2007; and,
WHEREAS, Section 7 of Ordinance Number 51, 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
various City Zone Districts do not appear to be consistent with the goals and vision as
expressed by the 2000 Aspen Area Cornmunity Plan and are having the following negative
effects upon the community:
· Recent development activity indicates potential negative impacts on the
preservation of the unique historic character of certain structures, including
their interiors and current uses;
· Recent development activity indicates potential negative impacts on the
aesthetic beauty of the City of Aspen, its historic and community character
and the unique character of the uses of buildings and structures within the
commercial core of the City of Aspen; and,
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
Ordinance No. 26,
Series 2007
Page 1
regulations as they affect land use development in certain Zone Districts within the City of
Aspen to ensure that all land use development proceeds in a marmer 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
ofthe Land Use Code and regulations affecting the development ofland within certain Zone
Districts ofthe City of Aspen with particular attention to the preservation of historic interior
elements, and with particular attention to a diverse, healthy and vibrant mix of commercial
uses; 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 preservation of historic interior elements, and to insure a diverse, healthy and
vibrant mix of commercial uses; and,
WHEREAS, the City Council has determined that it is necessary to declare an
emergency for the preservation of public property, health, peace, and safety with the
extension of the termination date of a moratorium; 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 Moratorinm Termination Date:
The termination date of the temporary moratorium enacted through the adoption of
Ordinance Number 51, Series of 2006, as amended pursuant to Ordinance Number 2, Series
of2007, is hereby extended to terminate on December 12, 2007,
Section 2 - Chanl!es to Moratorium:
Ordinance Number 51, Series of 2006, as amended pursuant to Ordinance Number 2, 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 Ordinances 51 and 2, except as follows:
. The termination date shall be extended as described in Section 1, above.
Section 3 - Emerl!encv Declaration
It is hereby declared that, in the opinion of the City Council, an emergency exists; there is a
need for the immediate preservation of the health, safety, peace, and welfare of the City of
Aspen, its residents, and guests; and, this temporary moratorium provides the time necessary
to prepare a review of all current land use and building code regulations and for the City
Ordinance No, 26,
Series 2007
Page 2
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Council and staff of the City of Aspen to consider amendments, if any are required, to the
Land Use Code or Building Code of the Aspen Municipal Code.
Section 4 - Effective Date.
This Ordinance shall become effective immediately upon passage.
Section 5 - Publication.
The City Clerk is directed that publication of this ordinance shall be made as soon as
practical and no later than ten (10) days following final passage.
Section 6:
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 7:
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.
The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this
ordinance in the office ofthe Pitkin County Clerk and Recorder.
Section 8:
A public hearing on this ordinance shall be held on the 11th day of June, 2007, at a meeting
of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen
City Hall, Aspen, Colorado,
INTRODUCED AND READ as provided by law as an emergency Ordinance by the City
Council of the City of Aspen on the 29th day of May, 2007.
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FINALLY adopted, passed and approved this 11 th day of June 2007, by
Ordinance No. 26,
Series 2007
Page 3
K[ the unanimous vote of all City Council members present; or
X a vote of four (4) council members,
ATTEST:
Ordinance No. 26,
Series 2007
Page 4