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HomeMy WebLinkAboutagenda.council.special.20060425 '_~~~"'~'^',",~"'"""".,,,~,,"'_"k. ._.,,00" ""'__.',", '_" _''''.O''~''___.'_._' ~"'W,,_._,....._ April 24, 2006 NOTICE OF SPECIAL MEETING At the request of Mayor Helen Klanderud, there will be a special City Council meeting Tuesday, April 25, 2006, at 4 p.m. meeting in the City Council Chambers, 130 South Galena Street, Aspen, Colorado. The agenda for this meeting will be: Ordinance #19, Series of2006 - Adoption of Temporary Moratorium ~dJ!k~ Notices delivered to: Mayor Helen Klanderud Councilmembers Rachel Richards Torre 1. E. DeVilbiss Jack Jolmson City Manager Barwick City Attorney Worcester special.not _.__,.-<-.~,.,..",,,c,,"V_' ,..,~,..,"."o,'~_ lliJ :M:e~o:ra.n.dT1l"WYll IIIeCllY.I~ ClII IIIIDmoI"s llIIiee TO: Mayor and Members of Council FROM: John P. Worcester DATE: April 25, 2006 RE: Emergency Ordinance - Moratoria Last night City Council approved, on first reading, as an emergency measure an ordinance (No. 19, Series of 2006) that imposes a six month moratorium on the acceptance of all new land use applications. Three amendments were proposed for the ordinance with the understanding that not all members of Council would support the amendments in the final version of any ordinance that may be approved. The three amendments were referred to at the meeting by the following shorthand descriptors: (1) "consultants" and "Incentive lodge"; (2) "scrape and replace"; and (3) "building permits". I will use those descriptors in this memo as well. I am attaching four versions of the ordinance for your consideration. (I) The first is a copy of the version that was before you last night. No changes are shown on this version. (2) The second version is styled as "VERSION A" and includes the "consultant" and "incentive lodge" amendment. The "consultant" amendment was a request to include a requirement that the City Manager be authorized to hire one or more consultants to assist the Community Development Department in reviewing the land use code during the period of any imposed moratorium. That amendment can be found at the second to last WHEREAS clause on the second page of the ordinance. The "incentive lodge" amendment was a request to ensure that applications availing themselves of the "Incentive Lodge Development" section of the Land Use Code be specifically included as part of the moratorium irrespective of the Zone District. That amended language can be found in Section 1 of the ordinance. Version A also included some changes that I am proposing to be added to the original ordinance. These changes can be found in all three versions of the proposed ordinance. The changes include: . A separate section listing the applicable exemptions (Section 2). . A section that better describes how the ordinance will affect applications and a definition of "new development application". (Section 3.) . An appeals section to permit applicants to seek relief from adverse decision made by the Community Development Director in applying the ordinance and relief in instances of financial hardship. This appeals section is identical to the one we drafted for the original "scrape and replace" ordinance. (Section 4) . Separate sections for declaring the emergency, effective dates and duration of the moratorium. (3) The third version is styled as "VERSION B" and includes the "consultant" and "incentive lodge" amendment as well as the "scrape and replace" amendment. In other words, it includes Version A with the addition of the "scrape and replace" moratorium. The "scrape and replace" moratorium is the moratorium that Council considered in Ordinance No. 13, Series of 2006, but did not approve. This moratorium would be on the acceptance of any application for demolition permits for single family and duplex development. The moratorium language can be found at Section 2 of Version B. Section 3, Exemptions, includes those exemptions previously listed in Ordinance No. 13, Series of2006, (the original "scrape and replace" ordinance). (4) The fourth version is styled as "VERSION C" and includes the "consultant" and "incentive lodge" amendment, the "scrape and replace" amendment, and the "building permit" amendment. In other words, it includes the moratorium imposed in Version A and B and adds a moratorium on the issuance of building permits. The operative language can be found at Section 3 with minor changes to Section 2. When Council approved this amendment at first reading it was understood that the moratorium would not affect "minor" development so, for example, a homeowner would be able to remodel a kitchen or replace a roof. This version of the proposed ordinance limits the application of the building permit moratorium to building permits that seek to increase the Floor Area of a building. I understand that there are other possible combinations of amendments to the originally proposed ordinance besides those offered to you here. Should Council chose to approve an ordinance with different combinations of amendments, we can structure that ordinance at the meeting using the language of the four versions appended here. cc: City Manager JPW - saved: 4/25/2006-719-G:~ohn\word\memos\moratorium2006.doc .v' ORDINANCE NO.1!{' (Series of 2006) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, DECLARING AN EMERGENCY AND DECLARING A SIX MONTH TEMPORARY MORATORIUM ON THE ACCEPTANCE OF ANY NEW LAND USE APPLICATION SEEKING A DEVELOPMENT ORDER FOR PROPERTY LOCATED IN THE RESIDENTIAL MULTI-FAMILY (R/MF), RESIDENTIAL MULTI-FAMILY A (R/MFA), COMMERCiAL CORE (CC), COMMERCIAL (C-l), SERVICEI COMMERCIAL/INDUSTRIAL (S/C/I), 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, EXCEPTING THEREFROM LAND USE APPLICATIONS FOR ESSENTIAL PUBLIC FACILITIES. 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 Government 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 cornmunity: . 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 ofthe 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 of land 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 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: Section 1. 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), Residential Multi-Family A (R/MFA), Commercial Core (CC), Commercial (C-l), Service/Commercial/Industrial (S/C/I), 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. This temporary moratorium shall not be effective for any land use application seeking a Development Order for an Essential Public Facility as that term is defined at Section 26.104.100 of the Aspen Municipal Code; or, for any land use application for a Development Order submitted to the Community Development Department 2 prior to final passage of this ordinance and deemed to be complete by the Director of the Community Development Department Director. Section 2. 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 of the City of Aspen to consider amendments, if any are required, to the Land Use Code of the Aspen Municipal Code. Section 3. 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 4. 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 5. 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 6. 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 3 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 ofthe City of Aspen on the _ day of ,2006. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of , 2006, by D the unanimous vote of all City Council members present; or D a vote offour (4) council members. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk JPW- saved: 4!24!2006-724-G:\john\word\ords\moratorium2006.doc 4 VERSION A ORIGINAL ORD PLUS CONSULTANTS AND INCENTIVE LODGE 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 FOR PROPERTY LOCATED IN THE RESIDENTIAL MULTI-FAMILY (R/MF), RESIDENTIAL/ MULTI-FAMILY (R/MFA), COMMERCIAL CORE (CC), COMMERCIAL (C-l), SERVICE/ COMMERCIALIINDUSTRIAL (S/C/I), 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, (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 offour (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 Government 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 asnthe "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, 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: 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), Residential Multi-Family A (R/MFA), Commercial Core (CC), Commercial (C-l), Service/Commercial/Industrial (S/C/I), Neighborhood Commercial 2 (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 Developrnent" pursuant to 926.470.040(C)(3) ofthe Aspen Municipal Code, irrespective of the Zone District in which the land may be located. Section 2. 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. . 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. . Any project having already received a Development Order, as such term is defined at 926.104.100 of the Aspen Municipal Code. Section 3. 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 4. 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. -, 3 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 of2006). 4. A current appraisal of the property considering the effect of this ordinance (Ordinance 19, Series of2006). 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 of 2006). 4. Other factors that may be considered "unrecoverable costs" by the property owner. 4 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 ~. Emergencv 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 of the City of Aspen to consider amendments, if any are required, to the Land Use Code of the Aspen Municipal Code. Section'1f' 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. Effective Date and Duration of Moratorium. Section ~; 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. Sectio1' 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. Severability. Section W Existing Litigation. This ordinance shall not have any effect on eXlstmg litigation and shaH 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 _ day of ,2006. Helen Kalin Klanderud, Mayor 5 ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of D the unanimous vote of all City Council members present; or D a vote of four (4) council members. ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor JPW- saved: 4/2S!2006-2039-G:\john\word\ords\moratorium2006A.doc 6 , 2006, by VERSION B CONSULTANTS AND INCENTIVE LODGE PLUS SCRAPE AND REPLACE ORDINANCE NO. (Series of2006) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, IMPOSING A SIX MONTH TEMPORARY MORATORIUM ON THE ACCEPTANCE OF ANY NEWLAND USE APPLICATION SEEKING A DEVELOPMENT ORDER FOR PROPERTY LOCATED IN THE RESIDENTIAL MULTI-FAMILY (R/MF), RESIDENTIAL/ MULTI-FAMILY (R/MFA), COMMERCIAL CORE (CC), COMMERCIAL (C-l), SERVICE/ COMMERCIALIINDUSTRIAL (S/C/I), 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, (EXCEPTING THEREFROM LAND USE APPLICATIONS FOR ESSENTIAL PUBLIC FACILITIES); IMPOSING A SIX MONTH TEMPORARY MORATORIUM ON THE ACCEPTANCE OF ANY DEMOLITION PERMITS FOR SINGLE-FAMILY AND DUPLEX DEVELOPMENT WITHIN THE CITY OF ASPEN; 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 Government 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, 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: Section 1. Moratorium on new land use applications within certain zone districts. 2 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), Residential Multi-Family A (R/MFA), Commercial Core (CC), Commercial (C-l), Service/Commercial/Industrial (S/C/I), 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 Demolition of Single Familv and Duplex Residences. There is hereby imposed a temporary moratorium on the acceptance by the Community Development Department of permit applications for the demolition of detached residential or duplex residences within the city limits of the City of Aspen, except as specifically exempted herein. Demolition, as that term is used herein, shall be defined as set forth at 926.104.100 of the Aspen Municipal Code. Section 3. Exemptions from Moratorium Land use applications and demolition permits 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. . 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. . Any land use application seeking a Development Order for property located within the Smuggler Park Subdivision. . Any project having already received a Development Order, as such term is defined at 926.104.100 of the Aspen Municipal Code. . Building permits for projects which have received a Development Order for demolition prior to 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 ofthis 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 3 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. C. Demolition permits for the demolition of single family or duplex residential development determined to be complete pursuant to 926.304.050(A) 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. 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 their property or plans for development on their 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: 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. 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 of2006). 4. A current appraisal of the property considering the effect of this ordinance (Ordinance 19, Series of2006). 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. 4 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 detai I 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 of investment model. The action by the hearing officer shall be considered the final administrative action on the matter. Section 6. Emergencv 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 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 October 31,2006 unless extended by a duly adopted ordinance of the City Council. Section 8. Publication. 5 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 _ day of ,2006. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of , 2006, by D the unanimous vote of all City Council members present; or D a vote off our (4) council members. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk JPW- saved: 4!2S!2006-2226-G:\john\word\ords\moratorium2006B.doc 6 VERSION C CONSULTANTS AND INCENTIVE LODGE PLUS SCRAPE AND REPLACE PLUS BUILDING PERMITS ORDINANCE NO. (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 FOR PROPERTY LOCATED IN THE RESIDENTIAL MULTI-FAMILY (R/MF), RESIDENTIAL/ MULTI-FAMILY (R/MFA), COMMERCIAL CORE (CC), COMMERCIAL (C-l), SERVICE/ COMMERCIALIINDUSTRIAL (S/C/I), 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, (EXCEPTING THEREFROM LAND USE APPLICATIONS FOR ESSENTIAL PUBLIC FACILITIES); IMPOSING A SIX MONTH TEMPORARY MORATORIUM ON THE ACCEPTANCE OF ANY DEMOLITION PERMITS FOR SINGLE-FAMILY AND DUPLEX DEVELOPMENT WITHIN THE CITY OF ASPEN; IMPOSING A SIX MONTH TEMPORARY MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS THAT WOULD ADD TO THE FLOOR AREA OF EXISTING PROPERTY; 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 ofthe 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 Government 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, 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: Moratorium on new land use applications within certain zone districts. Section 1. 2 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), Residential Multi-Family A (R/MFA), Commercial Core (CC), Commercial (C-l), Service/CommerciallIndustrial (S/C/I), 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 Demolition. There is hereby imposed a temporary moratorium on the acceptance by the Community Development Department of permit applications for any demolition, except as specifically exempted herein. Demolition, as that term is used herein, shall be defined as set forth at 926.104.1 00 of the Aspen Municipal Code. Section 3. 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 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 of the Aspen Municipal Code. Section 4. Exemptions from Moratorium Land use applications for a Development Order 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. . 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. . Any land use application seeking a Development Order for property located within the Smuggler Park Subdivision. . Any project having already received a Development Order, as such 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 proj ects that will not have the effect of increasing the Floor Area of any building. 3 . Building permits for demolition of accessory, non-habitable structures. Section 5. 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. C. Demolition permits for the demolition of single family or duplex residential development determined to be complete pursuant to 926.304.050(A) 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. Section 6. Appeals Concerning 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 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 of2006). 4 4. A current appraisal of the property considering the effect of this ordinance (Ordinance 19, Series of2006). 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 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. Emergencv 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 of the City of Aspen to consider amendments, if any are required, to the Land Use Code of the Aspen Municipal Code. 5 Section 8. Effective Date and Duration of Moratorium. 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 9. 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 10. 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 11. Existing Litigation. This ordinance shall not have any effect on eXlstmg 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 ofthe City of Aspen on the ~ day of ,2006. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of , 2006, by D the unanimous vote of all City Council members present; or D a vote offour (4) council members. 6 Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk JPW- saved: 4!2S!2006-2280-G:\john\word\ords\moratorium2006C.doc 7