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HomeMy WebLinkAboutcoa.lu.ca.Amendments to Temporary Moratorium.0049.2006 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0049.2006.ASLU PARCEL ID NUMBERS PROJECTS ADDRESS 0 ZERO(CITY OF ASPEN CITY HALL) PLANNER JENNIFER PHELAN 429-2759 CASE DESCRIPTION AMENDMENTS TO TEMPORARY MORATORIUM REPRESENTATIVE DATE OF FINAL ACTION 08/05/2007 CLOSED BY ANGELA SCOREY ON: 12/04/13 May 30, 2006 Attention: Fire Sprinkler Contractors Things to remember when submitting a fire sprinkler permit application: 1. Permit form must have the correct job address 2. Permit form must have the complete owner name and address 3. Permit form must have the complete contractor name, address and license number (Fire Sprinkler contractor, not the General) 4. A contact name and number must be noted on the right vertical margin of the form 5. Valuation: The correct valuation is the total of the parts and labor for the project. Mote: valuations that are low are subject to correction by the Fire Marshal 6. A complete and accurate description, including what type of NFPA sprinkler system is being installed 7. A check for the fees is required at submittal 8. 3 sets of plans and documents (minimum) must be submitted with the permit If you have any questions about this please contact either building department for the City of Aspen at 920-5090, the building department for Pitkin County at 920-5526 or the Aspen Fire Dept. at 925-5532. Stephen Kanipe Tony Fusaro Ed Van Walraven Chief Building Official Chief Building Official Fire Marshall City of Aspen Pitkin County AFPD r Fife d Fecord ttja0gate F2rm Reports ForMat lab t elp sr "DAain Rccrt&fir Stattr: Few ScxnmarZ Feed C"arwtrAmiaies Parcels ?.ctrcn aub_Perr6ts Attachment Poutity mtoty Peamrt Type��� mm� at 2Q> Permit it 4 2tI �� ......_m. ,, ........ Address 0 ZERO AptlSuite l Perrr�Informatu�n ,,ice 00 �! i City JASPEN dip l 8 X11 . ° flasterPemvk FfoutingQueue'asir06 Applied 0 10,2QG6 zProject Status pending Approved r Description MR kmred # - , Final __.. Submitted NNIFEP PHEtAN Z-2759 Clock ll rantng Oaya, tl Expire G°)0512Cri7 �JE 0 wnet La Nme CITY QF ASPEN CITY HALL First Warm I1st1 S C„�LENA ST IASPEN C0 01611 Phone (97tI)920 5th 0wmer fsApplicant? Applicant Lail Name CITY OF ASPEN CITY HALL riW Name. 130 S GALENA ST w _R JASPEN CO 81611 Phone_(970)920,M Cunt It 2:054 s Lender Last Name Fast Name r Phone Ever tpepetmit des ripdarr Pecord:2 of 2 P181 MMEMORANDUM 7 DLM Vit TO: Mayor Klanderud and Aspen City Council THRU: Chris Bendon, Community Development Director �L� FROM: Jennifer Phelan, Senior Long Range Planner 1 RE: Proposed Exemptions from the Temporary Moratorium — Second Reading of Ordinance 23, Series 2006 MEETING DATE: June 26, 2006 Staff is proposing several exemptions to the temporary moratorium that came into effect with the passage of Ordinance 19, Series 2006. The moratorium prohibits any new land use application to be submitted for property located in the Residential Multi-Family (R/MF), Residential Multi- Family (R/MFA), Commercial Core (CC), Commercial (C-1), Service/Commercial/Industrial (S/C/I), Neighborhood Commercial (NC), Mixed Use (MU), Lodge (L), Commercial Lodge (CL), Lodge Overlay (LO), and Lodge Preservation Overlay (LP) zone district except for any land use application deemed complete prior to April 26h, administrative growth management review applications for single-family and duplex development, and any land use application for an essential public facility. Additionally, no building permit applications can be submitted for a property located in the above-mentioned zone districts unless the project will not increase the floor area of a building, is a single-family or duplex building, or is a prczject that was eligible to receive a Development Order on the effective date of the moratorium. The exemptions are divided into two categories: land use applications and building permits. Staff feels that there are a number of potential development projects that could be effectively delayed or stopped by the moratorium and are not intended by Council to be impacted by the moratorium. A summary of the proposed changes follows. Exempt Land Use Applications: In addition to the land use applications that are exempt from the moratorium as stated in Ordinance No. 19, Series 2006, Staff has considered a number of additional minor applications that, under the current moratorium language, would not be permitted. • Temporary Use applications are land use applications that are either reviewed administratively or by City Council. An example of a temporary use would be a restaurant that would like to provide a temporary canopy over their outdoor seating during the summer dining months. • Certificate of No Negative Effect applications are administrative land use applications for a property listed on the Aspen Inventory of Historic Landmark Sites and Structures or a non- designated building within an historic district where it is determined that the proposed work will have no adverse effect on the physical appearance or character defying features of a designated property. Examples of the types of work that are considered under this application P182 include:' fencing, signs, replacement or repair of architectural features, and installation of awnings. An example of a "Certificate of No Negative Effect"that was recently approved is an application that Elevation Restaurant submitted just before the moratorium. The request was to partially fill in a below grade courtyard for more bar space, and to expand their outdoor seating area along Hopkins Avenue. No additional floor area was created; however, Elevation would not have been able to apply for land use review if they came in now. • Certificate of Appropriateness for Minor Development applications are land use applications that are reviewed by the Historic Preservation Commission for a property listed on the Aspen Inventory of Historic Landmark Sites and Structures or a non-designated building within an historic district where the work is considered minor. development. An example of the type of work that is considered under this application includes the expansion or erection of a structure where the floor area increase is less than 250 sq. ft. or alterations to the building, fagade, windows, doors, for example, where the cumulative impact does not allow for the issuance of a Certificate of No Negative Effect. Staff has specifically included a prohibition from increasing the floor area of a structure. Currently, Brunelleschi's pizza restaurant (which submitted an application prior to the moratorium) wants to add a deck for outdoor seating, which needs minor review approval by the Historic Preservation Commission. If the ordinance is not amended, their application would not have been able to be submitted with the moratorium in place. They can apply for a building permit because they aren't creating additional floor area. • Designation of a Building District Site Structure or Object on the Aspen Inventory of Historic Landmark Sites and Structures applications are land use applications for designating a property onto the Aspen inventory. Staff felt that this type of application, where the city may add properties to the inventory, should not be precluded from being applied for during the moratorium. • Variance applications are land use applications reviewed either administratively, by the Board of Adjustment, by the Planning and Zoning Commission, or by the Historic Preservation Commission. A variance request can be applied for, for example, to vary the minimum yard setbacks or to waive a design standard of the Residential Design Standards. This exemption is only for single family and duplex development. The only land use application exempted for single-family and duplex development from the moratorium is Administrative Growth Management Review. A person who felt it was necessary to apply for a variance as part of their single-family or duplex development, whether or not staff would support the request, would not be able to apply for a variance as the moratorium ordinance is currently written. • Staff is also recommending that a building (other than single-family or duplex development) have the ability to apply for whatever necessary land use approvals are required if the development proposal is limited to improving the accessibility of a building for ADA compliance. The request, when associated with only improving accessibility, may increase allowable floor area by the minimum size required,by the International Building Code for a lift or elevator. P183 Staff currently has someone who is interested in providing an exterior lift to serve a building in the downtown commercial core and increases accessibility and ADA compliance. The exterior design would add floor area and as it is in the Commercial Core Historic District, would need review and approval by the Historic Preservation Commission. Both the need for review and approval by the HPC and the increase in floor area would preclude the project from moving forward during the moratorium. • Insubstantial PUD Amendments are land use applications are minor amendments to a PUD that alters an approved site-specific development plan. Examples of an insubstantial PUD amendment include minor amendments to a floor plan do not change the approved dimensional requirements or character of the plan. Staff had an approved lodge project, which was approved as a Planned Unit Development and is a site specific development plan, request to change the footprint of some of their rooms as some of rooms were quite angular in design. Once the property was sold, the new owner wished to redesign some of the rooms so that they were more traditional. Staff approved the change in the design of the rooms, which did increase the size of the rooms or number of rooms. Under the current moratorium, an approved project would not be able to make insubstantial amendments to the approval. Exempt Building Permit Applications: In addition to the building permit applications that are exempt from the moratorium as stated in Ordinance No. 19, Series 2006, Staff has considered a number of additional applications that were excluded from the moratorium exemptions that could effectively impact a number of proj ects. • Building permits for temporary uses and special events. Both of these applications may, in certain scenarios, temporarily increase the floor area of a building. For example, Food and Wine submitted building permits for all of their tent structures. Staff felt that these sorts of temporary uses and special events should be clearly exempted from the moratorium. • Staff has recommended previously that a land use application that is specific to only improving accessibility and ADA compliance be allowed to be submitted. Staff is also recommending that a building permit limited to only improving accessibility and ADA compliance of a building be allowed to be submitted. RECOMMENDATION: Staff recommends that the City Council approve the attached ordinance, approving staff recommended changes to the temporary moratorium. City Manager Comments: Recommended Motion (All motions are proposed in the �f a;mati�ei: "I move to approve Ordinance No. 23, Series of 2006, upon first reading." P184 Exhibit.A TEXT AMENDMENT REVIEW CRITERIA&STAFF FINDINGS Section 26.310.040 of the City Land Use Code provides that applications for text amendments to the Land Use Code must comply with the following standards and requirements. 26.310.040 Standards of review. In reviewing an amendment to the text of this Title or an amendment to the official zone district map, the City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Finding The intent of the proposed amendments is to repeal any conflicts and provide additional clarification within sections of the Land Use Code. Stafffinds this criterion to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. Staff Finding The code amendments generally implement the AACP. Some of the amendments such as requiring projects to use the Historic Landmark Lot Split will implement the goal of historic preservation. Stafffinds this criterion to be met. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding The teat amendments are not site specific. This review standard is not applicable. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding The text amendments will not directly impact traffic generation and road safety. Stafffinds this criterion to be met. E. Whether and the extent to. which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding s P185 The text amendments will not directly impact public facilities. Staff finds this criterion to be met. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Staff Finding The text amendments will not directly impact the natural environment Staff finds this criterion to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding Some of the code amendments should help preserve community character. Staff finds this criterion to be met u. YY11CluC1 L11CLC udVC UCCU l illlbCU l'oilulllUllS a11CcLing the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding The text amendments will not directly impact a specific site. This review criteria is. not applicable. I. Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. Staff Finding The intent of the text amendments are to clarify and be in harmony with the intent of Land Use Code. Staff finds this criterion to be met P186 ORDINANCE N0. 23 (SERIES OF 2006) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AMENDMENTS TO THE SIX MONTH TEMPORARY MORATORIUM ESTABLISHED BY ORDINANCE NO. 19 (SERIES 2006) WHEREAS, the City Council passed Ordinance No. 19 (Series 2006) establishing a six month temporary moratorium on the acceptance of any new land use application seeking a development order and on the issuance of certain building permits for property located in the Residential Multi-Family (R/MF), Residential Multi-Family (R/MFA), Commercial Core (CC), Commercial (C-1), Service/Commercial/Industrial (S/C/I), Neighborhood Commercial (NC), Mixed Use (MU), Lodge (L), Commercial Lodge (CL), Lodge Overlay (LO), and Lodge Preservation Overlay(LP) zone district; and, WHEREAS, as an effect of the moratorium, Staff has identified certain land use applications and building permits applications that would not be permitted to be submitted; and, WHEREAS, it is not the intent of the City Council to unnecessarily postpone certain projects and special events_ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. Exemptions from Moratorium Land use applications exempt from the temporary moratorium, in addition to those stated in Section 3 of Ordinance No. 19, Series 2006, shall be as follows: • Temporary Use applications pursuant to §26.450 of the Aspen Municipal Code. • Certificate of No Negative Effect pursuant to § 26.415.070 (B) of the Aspen Municipal Code. • Certificate of Appropriateness for a Minor Development pursuant to § 26.415.070 (C) of the Aspen Municipal Code which does not increase the floor area of a structure. • A land use application for designation of a building, district, site, structure, or object on the Aspen Inventory of Historic Landmark Sites and Structures pursuant to § 26.415.030 (C) of the Aspen Municipal Code. • Variance applications for Single-Family and Duplex development pursuant to § 26.314, § 26.410.020 (D), and § 26.415.110 (B) of the Aspen Municipal Code. Ordinance No. 23, Series 2006, Page 1 of 3 P187 • A land use application that is limited to improving the accessibility of a building for ADA compliance, but which may have the effect of increasing the allowable floor area of a building by the minimum size required by the International Building Code for an elevator or lift. • Insubstantial PUD Amendments, which do not increase floor area or density. Applications for building permits exempt from this ternporary moratorium, in addition to those stated in Section 3 of Ordinance No. 19, Series 2006, shall be as follows: • Building permits for temporary uses. • Building permits for special events that have been approved by the Special Events Committee or City Council. • Building permits that are limited to improving the accessibility of a building for ADA compliance, which may have the effect of increasing the floor area of a building by the minimum size required by the International Building Code for an elevator or lift. Sect-inn 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. 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 this ordinance shall be held on the 26th day of June 2006, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen 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. [Signatures on following page] INTRODUCED,READ AND ORDERED PUBLISHED as provided by law,by the City Council of the City of Aspen on the 12th day of June, 2006. Attest: Ordinance No. 23, Series 2006, Page 2 of 3 P188 Kathryn S. Koch, City Clerk Helen K. Klanderud, Mayor FINALLY, adopted,passed and approved this day of , 2006 Attest: Kathryn S.Koch, City Clerk Helen K. Klanderud,Mayor Approved as to form: City Attorney Ordinance No. 2�, Series 2006, Page 3 of J3 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: (}V CL SCHEDULED PUBLIC HEARING DATE: /�i�j ,200_ STATE OF COLORADO ) ss. County of Pitkin ) i � I, (' LtA `C_S E L"I d (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: _A_ Publication of notice By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen(15) rao<, to tL, 1.1;,. b,o.,.4-- d It LL•__s1___ L_' 1 ..uys prior w uie puvii�.iikaiiiir'. A Copy OJ ire piiucccuccvri iS attaCrceu hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters no�� less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200 to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty(60) days prior to the date of the public hewing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business ho?irs for fifteen (15) days prior to the public hearing on such amendments. *gna The foregoing "Affidavit of Notice"was acknowledged before me thisOW-1day of CAAAW 200 j,by 5 i...w DT W11'1NESS MlY HAND AND OFFICIAL SEAL PUBLIC NOTICE RE: CITY INITIATED AMENDMENTS TO THE SIX My commission expires: / MONTH TEMPORARY MORATORIUM ENACTED BY ORDINANCE NO.1;SERIES 2006. NOTICE IS H ,tEBY GIVEN that a public ' hearing will be held an Monday,June 26,2006,at a meeting of the spen City Council,which is scheduled to begin 15:00 p.m.in the City Coun- ary Public cil Chambers of City Hall,130 S.Galena,Aspen, Colorado,to consider a staff initiated ordinance ' u (Ordinance No. 23, Series 2006) that would amend part of the temporary moratorium enact- ,P� ••••••• •••// ed by Ordinance No. 19,Series 2006.The pro- `.��`:.•' posed ordinance would exempt certain additional { land use and building permit applications from �'• ly"'} the temporary moratorium in the Residential Multi-Family (R/MF), Residential Multi-Family (R/MFA),Commercial Core(CC),Commercial(C- •`:� •+ I),Service/Commercial/Industrial(S/C/1), Neigh- ATTACHMENTS: .r borhood Commercial (NC), Mixed Use (MU), ATTACHMENTS: 147 '••�� Lodge(L),Commercial Lodge(CL),Lodge Over- - sr'9•••........... ••••�� . lay(LO),and Lodge Preservation Overlay(LP) T f OF CO zone district. COPYOF THEPUBLICATION For further information,contact Jennifer Phelan at the City of Aspen Community Development De- partment S. Galena . Aspen, CO, (97 0) APH OF THE POSTED NOTICE (SIGN) 429.2759,jenni mtifepQci.aspeaco co.us. s/Helen K.Klanderud,Mayor Aspen City Council Published in the Asp 1n Times Weekly on June 11, ND GOVERNMENTAL AGENCIES NOTICED 2006.(3777) BYMAIL SAA P347 VIR MEMORANDUM TO: Mayor Klanderud and Aspen City Council THRU: Chris Bendon, Community Development Director �� FROM: Jennifer Phelan, Senior Long Range Planner RE: Proposed Exemptions from the Temporary Moratorium - First Reading of Ordinance7--3, Series 2006 MEETING DATE: June 12, 2006 Staff is proposing several exemptions to the temporary moratorium that came into effect with the passage of Ordinance 19, Series 2006. The moratorium prohibits any new land use application to be submitted for property located in the Residential Multi-Family (R/MF), Residential Multi- Family (R/MFA), Commercial Core (CC), Commercial (C-1), Service/Commercial/Industrial (S/C/I), Neighborhood Commercial (NC), Mixed Use (MU), Lodge (L), Commercial Lodge (CL), Lodge Overlay (LO), and Lodge Preservation Overlay (LP) zone district except for any land use application deemed complete prior to April 26`h, administrative growth management review applications for single-family and duplex development, and any land use application for an essential public facility. Additionally, no building permit applications can be submitted for a property located in the above-mentioned zone districts unless the project will not increase the floor-area of a building, is a,single-family or duplex building, or is a project that was eligible to receive a Development Order on the effective date of the moratorium. The exemptions are divided into two categories: land use applications and building permits. Staff feels that there are a number of potential development projects that could be effectively delayed or stopped by the moratorium and are not intended by Council to be impacted by the moratorium. A summary of the proposed changes follows. Exempt Land Use Applications: In addition to the land use applications that are exempt from the moratorium as stated in Ordinance No. 19, Series 2006, Staff has considered a number of additional minor applications that, under the current moratorium language, would not be permitted. Temporary Use applications are land use applications that are either reviewed .administratively or by City Council. An example of a temporary use would be a restaurant that would like to provide a temporary canopy over their outdoor seating during the summer dining months. • Certificate of No Negative Effect applications are administrative land use applications for a property listed on the Aspen Inventory of Historic Landmark Sites and Structures or a non- designated building within an historic district where it is determined that the proposed work will have no adverse effect on the physical appearance or character defining features of a P348 designated property. Examples of the types of work that are considered under this application include: fencing, signs, replacement or repair of architectural features, and installation of awnings. • Certificate of Appropriateness for Minor Development applications are land use applications that are reviewed by the Historic Preservation Commission for a property listed on the Aspen Inventory of Historic Landmark Sites and Structures or a non-designated building within an historic district where the work is considered minor development. An example of the type of work that is considered under this application includes the expansion or erection of a structure where the floor area increase is less than 250 sq. ft. or alterations to the building, fagade, windows, doors, for example, where the cumulative impact does not allow for the issuance of a Certificate of No Negative Effect. Staff has specifically included a prohibition from increasing the floor area of a structure. • Designation of a Building, District, Site, Structure, or Object on the Aspen Inventory of Historic Landmark Sites and Structures applications are land use applications for designating a property onto the Aspen inventory. Staff felt that this type of application, where the city may add properties to the inventory, should not be precluded from being applied for during the moratorium. • Variance applications are land use applications reviewed either administratively, by the Board of Adjustment, by the Planning and Zoning Commission, or by the Historic Preservation Commission. A variance request can be applied for, for example, to vary the minimum yard setbacks or to waive a design standard of the Residential Design Standards. This exemption is only for single family and duplex development. • Staff is also recommending that a building (other than single-family or duplex development) have the ability to apply for whatever necessary land use approvals are required if the development proposal is limited to improving the accessibility of a building for ADA compliance. The request, when associated with only improving accessibility, may increase allowable floor area by'the minimum size required by the International Building Code for a lift or elevator. • Insubstantial PUD Amendments are land use applications are minor amendments to a PUD that alters an approved site-specific development plan. Examples of an insubstantial PUD amendment include minor amendments to a floor plan do not change the approved dimensional requirements or character of the plan. Exempt Building Permit Applications: In addition to the building permit applications that are exempt from the moratorium as stated in Ordinance No. 19, Series 2006, Staff has considered a number of additional applications that were excluded from the moratorium exemptions that could effectively impact a number of proj ects. • Building permits for temporary uses and special events. Both of these applications may, in certain scenarios, temporarily increase the floor area of a building. For example, Food and Wine has submitted building permits for all of their tent structures. Staff felt that P349 these sorts of temporary uses and special events should be clearly exempted from the moratorium. • Staff has recommended previously that a land use application that is specific to only improving accessibility and ADA compliance be allowed to be submitted. Staff is also recommending that a building permit limited to only improving accessibility and ADA compliance of a building be allowed to be submitted. RECOMMENDATION: Staff recommends that the City Council approve the attached ordinance, approving staff recommended changes to the temporary moratorium. Recommended Motion (All motions are proposed in the affirmative): "I move to approve Ordinance No. Series of 2006, upon first reading." City Manager Comments: P350 ORDINANCE NO.`� Y. (SERIES OF 2006) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AMENDMENTS TO THE SIX MONTH TEMPORARY MORATORIUM ESTABLISHED BY ORDINANCE NO. 19 (SERIES 2006) WHEREAS, the City Council passed Ordinance No. 19 (Series 2006) establishing a six month temporary moratorium on the acceptance of any new land use application seeking a development order and on the issuance of certain building permits for property located in the Residential Multi-Family (R/MF), Residential Multi-Family (R/MFA), Commercial Core (CC), Commercial (C-1), Service/Commercial/Industrial (S/C/I), Neighborhood Commercial (NC), Mixed Use (MU), Lodge (L), Commercial Lodge (CL), Lodge Overlay (LO), and Lodge Preservation Overlay (LP) zone district; and, WHEREAS, as an effect of the moratorium,.Staff has identified certain land use applications and building permits applications that would not be permitted to be submitted; and, WHEREAS, it is not the intent of the City Council to unnecessarily postpone certain projects and special events. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. Exemptions from Moratorium Land use applications exempt from the temporary moratorium, in addition to those stated in Section 3 of Ordinance No. 19, Series 2006, shall be as follows: • Temporary Use applications pursuant to §26.450 of the Aspen Municipal Code. • Certificate of No Negative Effect pursuant to § 26.415.070 (B) of the Aspen Municipal Code. • Certificate of Appropriateness for a Minor Development pursuant to § 26.415.070 (C) of the Aspen Municipal Code which does not increase the floor area of a structure. A land use application for designation of a building, district, site, structure, or object on the Aspen Inventory of Historic Landmark Sites and Structures pursuant to § 26.415.030 (C) of the Aspen Municipal Code. Variance applications for Single-Family and Duplex development pursuant to § 26.314, § 26.410.020 (D), and § 26.415.110 (B) of the Aspen Municipal.Code. P351 • A land use application that is limited to improving the accessibility of a building for ADA compliance, but which may have the effect of increasing the allowable floor area of a building by the minimum size required by the International Building Code for an elevator or lift. • Insubstantial PUD Amendments, which do not increase floor area or density. Applications for building permits exempt from this temporary moratorium, in addition to those stated in Section 3 of Ordinance No. 19, Series 2006, shall be as follows: • Building permits for temporary uses. • Building permits for special events that have been approved by the Special Events Committee or City Council. • Building permits that are limited to improving the accessibility of a building for ADA compliance, which may have the effect of increasing the floor area of a building by the minimum size required by the International Building Code for an elevator or lift. 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. 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 this ordinance shall be held on the 26`h day of June 2006, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen 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 12th day of June, 2006. Attest: P352 Kathryn S. Koch, City Clerk Helen K. Klanderud, Mayor FINALLY, adopted,passed and approved this day of ' 2006 Attest: Kathryn S. Koch, City Clerk Helen K. Klanderud,Mayor Approved as to form: City Attorney