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HomeMy WebLinkAboutordinance.council.013-06 ORDINANCE NO. 13 (SERIES OF 2006) ~140 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, IMPLEMENTING A SIX -MONTH TEMPORARY MORATORIUM ON THE ACCEPTANCE OF ANY DEMOLITION PERMITS FOR SINGLE-FAMILY AND DUPLEX DEVELOPMENT AND ON THE ACCEPTANCE OF ANY ADMINISTRATIVE GROWTH MANAGEMENT APPLICATIONS FOR SINGLE-FAMILY AND DUPLEX DEVELOPMENT WITHIN THE CITY OF ASPEN. WHEREAS, The City of Aspen is a Home Rule Municipal Corporation organized under and pursuant to Article XX of the Colorado Constitution and the City of Aspen Home Rule Charter; and, WHEREAS, by virtue of such authority, and as further authorized by State Statutes including but not limited to C.R.S. 29-10-1-1 et seq. and 31-23-301 et seq., the City of Aspen has broad authority to enact a moratorium to plan for and regulate the use and development of land on the basis of impacts thereof on the community and surrounding areas; and, WHEREAS, in light of the potential rate and character of development activity and the negative impacts of such development activity on the health, peace, safety, and general well- being of the residents and visitors of Aspen, urgent action is necessary and the provisions of Section 4.11 of the City of Aspen Municipal Charter are warranted; and, WHEREAS, a moratorium on all residential redevelopment applications will enable a reasoned discussion of the desired rate of residential redevelopment and consideration of amendments to the Land Use Code without creating a rush of development applications and the related impacts upon the community; and, WHEREAS, the City Council finds that the implementation of a temporary moratorium as described in this Ordinance, furthers and are necessary for the promotion of public health, safety, and welfare and are necessary to implement immediately in order to preserve the health, peace, safety, and general well-being of the residents and visitors of Aspen, pursuant to the provisions of Section 4.11 of the City of Aspen Municipal Charter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Moratorium The Community Development Department is prohibited from conducting pre-application conferences, accepting, or processing land use applications for Administrative Growth Management Review for any single-family or duplex residence which is subject to the provisions of Section 26.470.040.B.I - Detached Single-Family or Duplex Dwelling Units. The Community Development Department is prohibited from conducting pre-submittal conferences, accepting, or processing building permit applications for the demolition of a detached residential or duplex residences within the city limits of the City of Aspen Emergency Ordinance Ordinance No. 13, Series of2006 Page I except as specifically exempted herein. Demolition, as the term is used herein, shall be pursuant to the definition of Demolition in the Land Use Code, Section 26.104.100 - Demolition. Section 2: Exempt from Moratorium Land use applications and demolition permits exempt from this temporary moratorium shall be as follows: . Processing of land use applications for demolition and building permits for demolition submitted complete prior to the effective date of this ordinance and determined. . Building permits for projects which have received a Development Order for demolition prior to the effective date of this Ordinance. . Building permits for projects which have received a Development Order pursuant to the term of the Land Use Code as long as such development is not subject to Section 26.470.040.B.I. - Detached Single-Family or Duplex Dwelling Units. . Building permits for demolition of accessory, non-habitable structures. Section 3: Applicability. Effective Date. and Expiration The temporary moratorium shall apply to all development on lands within the incorporated boundaries of the City of Aspen, Colorado. This temporary moratorium shall be effective immediately upon adoption pursuant to Section 4.11 of the City of Aspen Municipal Charter. This temporary moratorium shall expire on its own accord, without any further action by the City Council, on September 28, 2006, unless extended as provided for herein. Section 4: Effect on Development Applications This Ordinance shall not affect any project having already received a Development Order, as such term is used in the Land Use Code. Land use and demolition pennit applications determined complete, pursuant to Section 26.304.050.A - Determination of Completeness, 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. Pre-Application Conferences, Pre-Application Conference Sunnnary 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 comply with the terms of this ordinance and of the Land Use Code and building code, as amended. Emergency Ordinance Ordinance No. 13, Series of2006 Page 2 Section 5: Extension of Moratorium The City Council may extend, via adoption of an Ordinance, the expiration date of this moratorium. In doing so, City Council may amend the applicability of the temporary moratorium to include or exempt specific types of land use applications or development activity. Section 6: Appeals Concerninl! Moratorium A. Any property owner who wishes to appeal a determination by the Community Development Director that this moratorium applies to their property or plans for development on their property may appeal to the City Council pursuant to Chapter 26.316 - Appeals, following any administrative action by the Community Development Director. B. Any property owner who wishes to seek relief from this moratorium because of financial hardship may appeal to a Hearing Officer appointed by the City Manager who shall have no relationship to the City (other than as a hearing officer) or to the property owner. The Hearing Officer shall determine if administrative relief shall be granted considering the following: I. A description of the property and structures located thereon. 2. The original purchase price of the property and subsequent investments or improvements in the property made prior to the adoption of Ordinance No. 13, Series of2006, other than normal operations and maintenance. 3. Any unrecoverable costs made prior to the adoption of Ordinance 13, Series of 2006. 4. A current appraisal of the property considering the effect of Ordinance No. 13, Series of 2006. 5. A description of the depreciation method applied to the property for income tax purposes, based on generally recognized accounting principles applicable at the time the property was originally acquired by the property owner. 6. The assessed value of the property for tax purposes. 7. Copies of the property owner's income tax and financial statements for the past five (5) years. 8. Any additional information the property owner may want to submit that may demonstrate financial hardship. Within thirty (30) days of complete application submission, or as otherwise reasonable, a hearing date and time shall be scheduled for the hearing officer to consider written and verbal testimony from the property owner and a representative of the City. The hearing officer shall, within thirty (30) days of the hearing, issue a written determination as to whether the financial hardship represented by this moratorium upon the property owner is beyond reasonable expectation and representing substantial unrecoverable financial loss and a special circumstance unique to the property owner which is not applicable to other property owners affected by this moratorium such that the property owner's rights are being substantially deprived. The hearing officer shall determine any relief to be Emergency Ordinance Ordinance No. 13, Series of2006 Page 3 provided to the property owner, including release of the property from the terms of this ordinance. The determination shall detail the factors considered including, but not limited to: I. The base value of the property - the original purchase price plus investments and improvements (other than normal operations and maintenance). 2. IRS rules related to depreciation. 3. Residual value of the property based on a current appraisal assuming the effect of Ordinance No.13, Series of 2006. 4. Other factors that may be considered "unrecoverable costs" by the property owner. 5. A financial analysis of the above using a recoupment of investment model. The action by the hearing officer shall be considered the final administrative action on the matter. Section 7: 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 8: 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 9: That the City Clerk is directed, upon the adoption of this Ordinance, to publish a copy of this ordinance in a newspaper of general circulation within ten (10) days, or as soon thereafter as possible, and record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Section 10: This ordinance shall become effective upon final passage. Emergency Ordinance Ordinance No. 13, Series of2006 Page 4 INTRODUCED, READ, AND SCHEDULED FOR SECOND READING as provided by law, by the City Council of the City of Aspen on the 27th day of March, 2006. Attest: Kathryn S. Koch, City Clerk Helen K. Klandernd, 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 C:\homeICurrent PlanninglEmergencyOrdinance - Moratorium-Demo.doc Emergency Ordinance Ordinance No. 13, Series of2006 Page 5