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HomeMy WebLinkAboutordinance.council.007-16RECEPTION#: 627922, 03/18/2016 at 09:4.3:28 AM; 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 2 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. 3 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. 4 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. 5 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 6