HomeMy WebLinkAboutordinance.council.007-16RECEPTION#: 627922, 03/18/2016 at
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1 OF 6, R $36.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
ORDINANCE NO. 7 -- -
(Series of 2016)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY. OF ASPEN, COLORADO,
IMPOSING A TEMPORARY MORATORIUM ON THE ACCEPTANCE OF ANY NEW LAND
USE APPLICATION SEEKING A DEVELOPMENT ORDER AND ON THE ACCEPTANCE
OF CERTAIN BUILDING PERMIT APPLICATIONS FOR PROPERTY LOCATED WITHIN
THE COMMERCIAL CORE (CC), COMMERCIAL (C-1), SERVICE/
COMMERCIAL/INDUSTRIAL (S/C/I), NEIGHBORHOOD COMMERCIAL (NC), MIXED USE
(MU) ZONE DISTRICTS OF THE CITY OF ASPEN; AND, DECLARING AN EMERGENCY. a
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, whichever is less;
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, §§29-20-101, et seq. C.R.S; and
WHEREAS, the character of development activity in the City of Aspen is having a negative
impact upon the health, peace, safety, and general well being of the residents and visitors of Aspen;
and
WHEREAS, 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 2012 Aspen
Area Community Plan, including:
• "We must pursue more aggressive measures to ensure the needs of the community
are met, and to preserve our unique community character." (pg 20); and
• "Achieve sustainable growth practices to ensure long-term vitality and stability of
our community and diverse visitor -based economy." (pg 24); and
• "Encourage a commercial mix that is balanced, diverse and vital' and meets the
needs of year-round residents and visitors." (pg 26); and
• "Facilitate the sustainability of essential businesses that provide basic community
needs." (pg 26); and
• "Ensure that the City Land Use Code results in development that reflects our
architectural heritage in terms of site coverage, mass, scale, density and a diversity
of heights, in order to:
■ "Create certainty in land development.
■ "Prioritize maintaining our mountain views.
■ "Protect our small town community character and historical heritage.
■ "Limit consumption of energy and building materials.
"Limit the burden on public infrastructure and ongoing public operating
costs.
■ "Reduce short- and long-term job generation impacts, such as traffic
congestion and demand for affordable housing." (pg 26)
and,
WHEREAS, recent land use applications seeking Development Orders in various City Zone
Districts are having the following negative effects upon the community:
• Recent development activity indicates that locally serving and unique businesses are
being negatively impacted and pushed out of existence thereby losing an essential
character to the City's retail economy; and
• Recent development activity has resulted in basement and first floor commercial
spaces being left vacant due to free-market residential uses/owners above thereby
creating large areas of dead space in the commercial zones that degrade the City's
commercial vitality; and
• Recent development activity has been out of scale and character with the
community's architectural heritage, mountain views and small town character;
and,
WHEREAS, the City Council and the Community Development Department require a
period of time in which to review all existing land use codes and 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 manner that is consistent with the Aspen Area Community Plan; and
WHEREAS, the City Council desires that the staff of the Community Development
Department conduct a thorough analysis and assessment of the Land Use Code and regulations
affecting the development of land within certain Zone Districts of the City of Aspen with particular
attention to commercial design, public amenity, off-street parking, use mix, and view planes to
ensure consistency with the Aspen Area Community Plan; and
WHEREAS, a moratorium through an emergency ordinance on all development
applications will enable a reasoned discussion and consideration of desired amendments to the
Land Use Code without creating a rush of development applications and the related impacts upon
the community; and
WHEREAS, the Community Development Department may need assistance from third
party consultants to complete the task of analyzing the current Land Use Code and regulations as
contemplated herein, the City Council hereby directs the City Manager to authorize the expenditure
of City funds to engage one or more consultants to assist the Community Development Department;
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 imposition of a temporary
moratorium on the acceptance, processing, and approval of land use applications for development
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orders by the City of Aspen Community Development Department and City Council and on the
acceptance of certain building permit applications.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1. Moratorium on new land use applications within certain zone districts.
There is hereby imposed a temporary moratorium on the acceptance by the Community
Development Department of new land use applications for a Development Order affecting property
within the Commercial Core (CC), Commercial (C-1), Service/Commercial/Industrial (S/C/I),
Neighborhood Commercial (NC), Mixed Use (MU) Zone Districts of the City of Aspen. This
moratorium shall apply to all new land use applications for a Development Order in the above
referenced zones including but not limited to the following land use reviews: Chapters 26.412,
Commercial Design Review, 26.415, Historic Preservation, 26.435; Development in
Environmentally Sensitive Areas (ESA), 26.445, Planned Development, 26.470, Growth
Management Quota System (GMQS), and 26.480, Subdivision. Any application for a major
amendment, as defined in Section 26.304.070 A.2., of the Aspen Municipal Code, to an existing
development order or pending application shall be considered a new application under this
ordinance.
Section 2. Moratorium on certain building permit applications.
There is hereby imposed a temporary moratorium on the acceptance by the Community
Development Department of any building permit application for development within the
Commercial Core (CC), Commercial (C-1), Service/Commercial/Industrial (S/C/I), Neighborhood
Commercial (NC), Mixed Use (MU) Zone Districts of the City of Aspen that would have the effect
of increasing the Floor area or Height,. Net leasable area or Net livable area of any building. These
terms shall have the same meaning in this ordinance as the definition of those terms as set forth at
§26.104.100 of the Aspen Municipal Code.
Section 3. Exemptions from Moratorium.
A. The following land use applications shall be exempt from this temporary moratorium:
1. Any land use application for a Development Order submitted to the Community
Development Department prior to final passage of this ordinance and deemed to be
complete by the Director of the Community Development Department Director.
2. Any land use application seeking a Development Order for a project consisting of 100%
Affordable Housing as that term is defined at §26.104.100 of the Aspen Municipal
Code.
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3. Any land use application limited to the development of a single family or duplex
building where that use was legally established as of the effective date of this
ordinance.
B. The following applications for building permits shall be exempt from this temporary
moratorium:
1. Building permit applications for projects that do not require a land use application
and will not have the effect of increasing the Floor area, Net leasable area or Net
livable area of any building.
2. Building permit applications for projects that do not require a land use application
and will not have the effect of increasing the Height of any building, not including
additions to or replacement of mechanical equipment or energy efficiency systems
pursuant to height exemptions as set forth at §26.575.020 of the Aspen Municipal
Code.
3. Building permit applications for Single -Family and Duplex development.
4. Building permit applications for any project that has received a Development Order
prior to the effective date of this Ordinance or has a land use development application
pending and may become eligible to receive a Development Order at a later date.
.5. Building permit applications for demolition of accessory, non -habitable structures.
C. Any land use or building permit application submitted to correct a matter that is
determined by the Community Development Director to be necessary to repair a condition that
threatens the immediate health or safety of the community shall be exempt from this moratorium.
Under no circumstance shall this provision allow an increase 'in the height, floor area, net livable
area or net leasable area of a building.
Section 4. Effect on Development Applications
A. A land use development application shall be. defined for the purpose of this ordinance as the
initial land use application determined to be complete by the Community Development Director,
pursuant to §26.304.050(A) of the Aspen Municipal Code ("Determination of Completeness"). All
land use applications filed subsequent to the initial application for the same development project,
except for a major amendment excluded in Section 1, above, that are necessary to obtain a final
Development Order may proceed pursuant to the review procedures and standards as set forth in
Title 26 of the City of Aspen Municipal Code. Land use applications determined complete shall be
reviewed and processed according to the provisions of the Land Use Code and building code, as
applicable, in effect on the date of submission.
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B. Pre -Application Conferences, Pre -Application Conference Summary reports, pre -submittal
conferences, or formal or informal discussions with Community Development staff or review
Boards shall not constitute a complete application or any other official status. Applications
submitted after the effective date of this ordinance shall be subject to the terms of this ordinance and
of the Land Use Code and building code, as amended.
Section 5. Appeals Concerning Moratorium.
Any property owner who wishes to appeal a determination by the Community Development
Director that this moratorium applies to his or her property or plans for development on his or her
property may appeal to the .City Council pursuant to Chapter 26.316 of the Aspen Municipal
Code ("Appeals"), following any administrative action by the Community Development
Director.
Section 6. Emergency Declaration
It is hereby declared that, in the opinion of the City Council, an emergency exists; there is a need for
the preservation of public property, health, peace, or safety of the City of Aspen, its residents, and
guests; and, this temporary moratorium adopted as an emergency ordinance provides the time
necessary to prepare a review of all current land use regulations and for the City Council and staff
of the City of Aspen to consider amendments, if any are required, to the Land Use Code of the
Aspen Municipal Code.
Section 7. Effective Date and Duration of Moratorium.
This ordinance shall become effective immediately upon passage and shall terminate on February
28, 2017 unless extended by a duly adopted ordinance of the City Council.
Section 8. 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 9. Severability.
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.
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Section 10. Existing Litigation.
This ordinance shall not have any effect on existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances amended as herein
provided, and the same shall be construed and concluded under such prior ordinances.
INTRODUCED AND READ as provided by law as an emergency ordinance by the City
Council of the City of Aspen on the 14th day of March, 20j;6.
Steven
ATTEST:
Linda Manning, City
FINALLY adopted, passed and approved this 15th day of March, 2016, by
the unanimous. vote of all, City Council me bens present; or
❑ a vote of four (4) council membersq
<V,
Steven Skkdron, Mayor
ATTEST:
Linda Manning, City
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