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HomeMy WebLinkAboutordinance.council.019-06 ORDINANCE NO. 19 (Series of 2006) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, IMPOSING 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), RESIDENTIAU MULTI-FAMILY (R/MFA), COMMERCIAL CORE (CC), COMMERCIAL (C-I), SERVICEI COMMERCIAUINDUSTRIAL (S/CII), NEIGHBORHOOD COMMERCIAL (Ne), MIXED USE (MU), LODGE (L), COMMERCIAL LODGE (CL), LODGE OVERLAY (LO), LODGE PRESERVATION OVERLAY (LP) ZONE DISTRICTS OF THE CITY OF ASPEN, (EXCEPTING THEREFROM LAND USE APPLICATIONS FOR ESSENTIAL PUBLIC FACILITIES); AND, DECLARING AN EMERGENCY. 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; 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 Govemment Land Use Control Enabling Act of 1974, as amended, 9929-20-101, et seq. C.R.S; and WHEREAS, the current rate and 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 2000 Aspen Area Community Plan and are having the following negative effects upon the community: · The pace of construction in the community is far too great for the community to properly absorb and for the City to properly service; and · The pace of construction is having deleterious impacts upon the City's resort economy; and · The community is not achieving the affordable housing goals as set forth in the Aspen Area Community Plan; and · The recently enacted amendments to the Land Use Code commonly referred to as the "infill code amendments" are not having the desired effects upon development activity in the community; and · Recent development activity indicates that locally serving businesses are being negatively impacted thereby losing an essential character to the City's retail economy; and · Construction traffic and activity within the City has had, and will continue to have, a deleterious impact upon the health, safety and wellbeing of the City's residents and guests; 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 ofland within certain Zone Districts of the City of Aspen with particular attention to those recent Land Use Code amendments commonly referred to as "infill code amendments" ; and WHEREAS, the City Council desires that the Community Development Department investigate methods and procedures to better pace the construction activity in the City including, but not limited to, the implementation of a system by the City's Building Department to control the issuance of building permits; 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 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 orders by the City of Aspen Community Development Department and City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: 2 . 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 Residential Multi-Family (R/MF), Residentia1lMulti-Family (R/MFA), Commercial Core (CC), Commercial (C-l), Service/CommerciallIndustrial (S/CII), Neighborhood Commercial (NC), Mixed Use (MU), Lodge (L), Commercial Lodge (CL), Lodge Overlay (LO), Lodge Preservation Overlay (LP) Zone Districts of the City of Aspen; and, any new land use application seeking a Development Order for "Incentive Lodge Development" pursuant to 926.470.040(C)(3) of the Aspen Municipal Code, irrespective of the Zone District in which the land may be located. Section 2. Moratorium on the Issuance of Building Permits. There is hereby imposed a temporary moratorium on the issuance by the Community Development Department of any Building Permit for development within the Residential Multi-Family (R/MF), Residentia1lMulti-Family (R/MF A), Commercial Core (CC), Commercial (C-I), Service/CommerciallIndustrial (S/CII), Neighborhood Commercial (NC), Mixed Use (MU), Lodge (L), Commercial Lodge (CL), Lodge Overlay (LO), Lodge Preservation Overlay (LP) Zone Districts of the City of Aspen that would have the effect of increasing the Floor Area of any building. "Floor Area" shall have the same meaning in this ordinance as the definition of that term as set forth at 926.104.100 ofthe Aspen Municipal Code. Section 3. Exemptions from Moratorium. Land use applications exempt from this temporary moratorium shall be as follows: . 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. . Administrative Growth Management Review applications for Single-Family and Duplex development pursuant to 926.470.040(B)(l) of the Aspen municipal Code. . Any land use application seeking a Development Order for an Essential Public Facility as that term is defined at 926.104.100 of the Aspen Municipal Code. Applications for building permits exempt from this temporary moratorium shall be as follows: . Building permits for projects that will not have the effect of increasing the Floor Area of any building. . Building permits for Single-Family and Duplex development. . Any project that is eligible to receive a Development Order on the effective date of this ordinance. ] . Building permits for demolition of accessory, non-habitable structures. 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 926.304.050(A) of the Aspen Municipal Code ("Determination of Completeness"). All land use applications filed subsequent to the initial application for the same development project 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. 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 comply with the terms of this ordinance and of the Land Use Code and building code, as amended. Section 5. Appeals Concerning Moratorium. A. 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. 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: 1. 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. 19, Series of 2006, other than normal operations and maintenance. 3. Any unrecoverable costs made prior to the adoption of this ordinance (Ordinance 19, Series of 2006). 4. A current appraisal of the property considering the effect of this ordinance (Ordinance 19, Series of2006). 4 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 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 this ordinance (Ordinance 19, Series of2006). 4. Other factors that may be considered "unrecoverable costs" by the property owner. 5. A financial analysis of the above using a recoupment ofinvestrnent model. The action by the hearing officer shall be considered the final administrative action on the matter. 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 immediate preservation of the health, safety, peace, and welfare of the City of Aspen, its residents, and guests; and, this temporary moratorium provides the time necessary to prepare a review of all current land use regulations and for the City Council and staff ofthe 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. 5 This ordinance shall become effective immediately upon passage and shall terminate on October 31, 2006 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. 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 24th day of April 2006. Hel ATTEST: 4-~ FINALLY adopted, passed and approved this 25th day of April 2006, by o the unanimous vote of all City Council members present' or g,a vote of four (4) council members. J4^- 6