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ORDINANCE NO. 37
(Series of 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING A TEMPORARY MORATORIUM ADOPTED
PURSUANT TO ORDINANCE NUMBER 51, SERIES OF 2006, AND AS AMEDED
PURSUANT TO ORDINANCE NO.2, SERIES OF 2007, AND AS AMENDED
PURSUANT TO ORDINANCE NO. 26, 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, 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 Ordinance No. 26, Series of2007; and,
WHEREAS, the Community Development Department recommended and
amendment to the types of development activity exempt from the provisions of the
moratorium - specifically building activity replacing a ground floor office use to a retail use;
and,
WHEREAS, the Aspen City Council has reviewed and considered the proposed
amendment, has reviewed and considered the recommendation of the Community
Development Director, and has taken and considered public comment at a public hearing;
and,
WHEREAS, the City Council finds the application meeting or exceeding all
applicable standards of the land use code of the City of Aspen Municipal Code and that the
approval of the proposal is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO, THAT:
Section 1 - ChaDl!:es to Moratorium:
Ordinance Number 51, Series of 2006, as amended pursuant to Ordinance Number 2, Series
of 2007, and Ordinance No. 26, 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, 2, and 26, except as follows:
. The Community Development Director shall exempt from the provisions of this
moratorium building permit applications that replace, in whole or in part, basement
Ordinance No. 37, Page 1
Series 2007
or ground floor office space with restaurant or retail use.
Section 2:
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 3:
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.
Section 4:
The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this
ordinance in the office of the Pitkin County Clerk and Recorder.
Section 4:
A public hearing on the Ordinance shall be held on the 24th day of September, 2007, at 5:00
in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to
which hearing a public notice of the same shall be published 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 on the 20th day of August, 2007.
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Michael C. Ireland, ayor
FIN ALL Y adopted, passed and approved this
~ day of 62~ ,2007.
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Approved as to form:
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John Worce'r, ity Attorney
Ordinance No. 37,
Series 2007
Page 2