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HomeMy WebLinkAboutordinance.council.051-06 ORDINANCE NO. 51 (SERIES OF 2006) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A SIX MONTH MORATORIUM ON THE ACCEPTANCE OF BUILDING PERMIT APPLICATIONS REGULATED BY SECTION 105 OF THE INTERNATIONAL BUILDING CODE FOR ANY PROPERTY LOCATED IN THE COMMERCIAL CORE ("CC") DISTRICT OF THE CITY OF ASPEN; AND, DECLARING AN EMERGENCY. 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, 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, 9929-20-101, et seq. C.R.S; 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 economy of the City of Aspen including operating revenues of the City (which consist, in substantial part, of the proceeds of its sales taxes) are dependent upon the tourism industry which in turn is dependant upon the area's scenic and recreational attractions, its mild climate, and the unique historic character of its central business district; and WHEREAS, there is a substantial public interest in the preservation of the unique historic nature and character of certain structures, including their interiors and current uses, located within the commercial core district of the City of Aspen; and WHEREAS, the City Council finds, determines and declares that the public health, safety, welfare and convenience require the preservation of the aesthetic beauty of the City of Aspen, its historic and community character, and the unique character of the uses of buildings and structures within the commercial core of the City of Aspen; and, WHEREAS, the fundamental purposes of regulating land uses include: the protection of property values; the advancement of the attractiveness of the aesthetics of the City; the improvement of the experience of tourists visiting the City; the encouragement of the most appropriate uses ofland; the preservation of the current vitality, character, and history of the City's central business area; the preservation, conservation, and protection of uses and values of land and buildings within the central business area of the City; and WHEREAS, in light of the potential loss of buildings, structures, objects, and existing uses within certain buildings within the Commercial Core District of the City that may have historical significance for the City and the negative impacts such loss would have on the health, Emergency Ordinance Ordinance No. 51, Series of2006 Page 1 peace, safety, prosperity, and general well-being of the residents and visitors of Aspen, urgent action is necessary and the exercise of the authority granted to City Council pursuant to Section 4.11 of the City of Aspen Municipal Charter is warranted; and, WHEREAS, the City Council finds, determines and declares that the City Council and the Community Development Department require a period of time in which to review all existing land use and building codes and regulations as they affect properties within the Commercial Core Zoning District whose current uses add to the value, aesthetics, tourist experience, vitality, character, or history to the City's Commercial Core to ensure that all land use development proceeds in a marmer 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 Building regulations affecting the development of properties within the Commercial Core, in particular those whose current uses add to the value, aesthetics, tourist experience, vitality, character, or history; and WHEREAS, a six month moratorium on the acceptance of applications for, and the issuance of, building permits related to buildings or structures within the City of Aspen Commercial Core Zoning District will enable a reasoned discussion and consideration of amendments to the Land Use Code and Building regulations without creating a rush of development and building permit applications and the related impacts on the community; 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 moratorium on the issuance of building permits for buildings or structures located within the City's Commercial Core Zoning District. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AS FOLLOWS: Section 1. Moratorium on the AcceDtance of and Issuance of BuUdin!! Permits. There is hereby imposed a six month moratorium on the acceptance of applications within the Commercial Core (CC) Zone District by the Community Development Department of Permits governed by Section 105 of the International Building Code as adopted and amended by Chapter 8.20 of the City of Aspen Municipal Code. In addition, there is hereby imposed a six month moratorium on the applicability of the exemptions from permit requirements set forth at Section 105.2 of the International Building Code with respect to the following types of development activity within the Commercial Core Zone District: tiling, cabinets, counter tops, and similar finish work, including window and door trim, base board, wainscot, and built-in furniture such as booths, banquets, bars, and shelving. Accordingly, the aforementioned types of activities shall be prohibited during the duration ofthe moratorium imposed by this Ordinance. Section 2. ExemDtions from Moratorium. The Chief Building Official shall exempt the following Building Permit applications from this temporary moratorium: Emergency Ordinance Ordinance No. 51, Series of2006 Page 2 (a) Any application for a Building Permit, or portion of an application for a Building Permit, submitted to the Community Development Department prior to [mal passage of this ordinance and deemed to be complete by the Chief Building Official. (b) Any application for a Building Permit, or portion of an application for a Building Permit, for signs or for work that is limited to the exterior of a structure. (c) Any application for a Building Permit, or portion of an application for a Building Permit, for work that is limited to and consistent with an approved Development Order, or an ordinance granting specific land use approval(s). (d) Any application for a Building Permit, or portion of an application for a Building Permit, for work that is limited to the interior of non-commercial spaces (residential or lodging use) or commercial space used solely for office use within a building or structure as long as such permit does not alter the use of the building or portion thereof. (e) Any application for a Building Permit, or portion of an application for a Building Permit, for work that is limited to the interior spaces of commercial spaces within a building or structure that is determined by the Community Development Director to be undertaken to move an existing use from one location to another within the Commercial Core Zone District or, to make minor improvements to a business' existing space, and which does not substantially alter the intensity of the use and the profile of the use. (f) Any application for a Building Permit, or portion of an application for a Building Permit, for work that is limited to improving the accessibility of a building or portion thereof. (g) Any application for a Building Permit, or portion of an application for a Building Permit, for exploratory purposes. For example: a permit to remove drywall to determine the structural capability of a wall. (h) Change orders and secondary permits for buildings, or portions thereof, for which a Main Permit is active. For example: a mechanical permit for a space which has an active Main Permit (a.k.a. "number one permit"). (i) New Main Permits for buildings, or portions thereof, for which a Main Permit is already active. For example: a "tenant finish" for a "shell" which is currently under construction. (j) Any application for a Building Permit, or portion of an application for a Building Permit, submitted to the Community Development Department that is determined by the Chief Building Official to be for the sole purpose ofrepairing a building or Emergency Ordinance Ordinance No. 51, Series of2006 Page 3 structure, or portion thereof, necessary for the correction or prevention of a dangerous, unsafe, or unsanitary condition. (k) Painting, papering, and carpeting which does not require a building permit as defined by Section 105.2 of the International Building Code. (I) Any application for a Building Permit, or portion of an application for a Building Permit, submitted to the Community Development Department that is determined by the Chief Building Official to be an Emergency Repair as defined by Section 105.2.1 of the International Building Code. (m) Any application for a Building Permit, or portion of an application for a Building Permit, for an Essential Public Facility as that term is defined at 926.104.100 of the Aspen Municipal Code. Section 3. Effect on Buildin!! Permit ADDlications A. A Building Permit Application shall be defined for the purpose of this ordinance as the Permit required by Section 105 of the International Building Code determined to be complete by the Chief Building Official. All Building Permit Applications determined to be complete on the effective date of this Ordinance shall be reviewed and processed according to the provisions of the Aspen Municipal Code, as applicable, in effect on the date of submission. B. Pre-Application Conferences, Pre-Application Conference Sununary reports, pre-submittal conferences, or formal or informal discussions with Community Development staff, including the Chief Building Official, 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 4. ADDeals Concern in!! Moratorium. A. Appeal from Adverse Decision of the Community Development Director or the Chief Building Official. An applicant for a Building Permit may appeal an adverse decision of the Community Development Director or the Chief Building Official made pursuant to this Ordinance to the City Council in accordance with the appeal provisions of Chapter 26.316 of the Aspen Municipal Code. The action by City Council shall be considered the final administrative action on the matter. B. Appeal Due to Financial Hardship. An applicant for a Building Permit 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 Emergency Ordinance Ordinance No. 51, Series of2006 Page 4 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 this Ordinance, other than normal operations and maintenance. 3. Any unrecoverable costs made prior to the adoption of this Ordinance. 4. A current appraisal of the property considering the effect of this Ordinance. 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 ofthe 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 ofthis ordinance. The determination shall detail the factors considered including, but not limited to: 1. 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. 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. Emergency Ordinance Ordinance No. 51, Series of2006 Page 5 Section 5. Penalties The penalties for violation of the terms of this ordinance shall be those established by Section 26.415.140 of the Municipal Code. Section 6. Emer!!ency Declaration It is hereby declared that, in the opinion of the City Council, an emergency exists; there is a need for the inunediate 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 and building code 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 or Building 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 June 12, 2007 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. Existin!! Liti!!ation. 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. Emergency Ordinance Ordinance No. 51, Series of 2006 Page 6 INTRODUCED AND READ as provided by law as an emergency Ordinance by the City Council of the City of Aspen on the i/-- day of M (lPfl.J P/,lA2006. ATT ST: ~~. , City Clerk Helen Kalin erud, Mayor FINALLY adopted, passed and approved this / b( day of 6~2006, by o the unanimous vote of all City Council members present; or R'a vote of four (4) council members. JPW- saved: 12/13/2006-2518-G:~ohn\word\ords\Change in use-emerg-ord.doc Emergency Ordinance Ordinance No. 51, Series of2006 Page 7