Last night the Aspen City Council voted unanimously to approve a landmark ordinance that places a freeze on all incoming land-use applications for the commercial core.
Just 24 hours after the moratorium was presented to the public, the council held its second reading of the emergency ordinance. The law is specific to increases in commercial building size or floor plans. Interior remodels and properties in residential and lodging zones are exempt. Anything that has been reviewed by staff or boards or was submitted by 5 p.m. Tuesday does not fall under the restrictions.
Council chambers were full last night, but only about half a dozen citizens gave their input during public comment. Most did not have issue with council’s claim that in order to revise the current land use codes, a moratorium would have to be set. But, the “emergency” aspect of the legislation was described as deceitful, unnecessary and perhaps even illegal.
Aspen resident Neil Siegel referred to the city charter, which only allows for an emergency ordinance — one that takes effect immediately instead of the typical 30 days — in specific situations.
“Preservation of public property, health, peace, safety. Those are the four areas, narrowly drawn,” he said. “Now plainly the proposed ordinance does not fit within any one of those criteria.”
City attorney Jim True said the charter is up to interpretation and that the “health” and “safety” categories could apply in regards to the assumed rush of land-use applications that would come in if land use codes were discussed without a moratorium.
Four development applications were accepted into the city’s Community Development Department by yesterday’s 5 p.m. deadline: a revised plan for the Conoco gas station at the corner of Main and Monarch street, commercial remodels at 232 W Main Street and 230 W Hopkins Avenue that both include free-market residential units, as well as exterior upgrades at Paradise Bakery.
The ordinance only covers certain zones in town: the downtown core, the north end of Mill Street and almost the entirety of Main Street.
Longtime resident Howie Mallory pointed out that one conspicuous development site is not under the Ordinance 7 restrictions.
“I question why the 50,000 square foot-plus city council project is being exempted,” he said. “To do it that way to me says that there are two sets of rules — one for the private sector, one for the public sector.”
While the emergency ordinance came as a surprise to the public, some city staff and council members have been working on the language for such a moratorium since last fall. Councilmember Adam Frisch first suggested the idea to Mayor Steve Skadron and then-Community Development director Chris Bendon.
The measure passed unanimously and is effective immediately.
