HomeMy WebLinkAboutbocc.ord.055.1998ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
TEMPORARY MORATORIUM ON SITE -SPECIFIC
REZONING APPLICATIONS AND PRIVATELY -INITIATED
CODE AMENDMENTS ALONG THE HALF -MILE RADIUS OF
THE STATE HIGHWAY 82 CORRIDOR AND THE DENVER
& RIO GRANDE RIGHT OF WAY
ORDINANCE #98-
RECITALS
WHEREAS, the Board of County Commissioners of Pitkin County, Colorado
makes the following findings:
A. State Highway 82 is a transportation corridor of Pitkin County that
provides access to the City of Aspen, the Town of Basalt, the Village of Snowmass and
other areas of Pitkin County (the "Highway 82 Corridor").
B. The Denver & Rio Grande Right of Way ("Rio Grande ROW") is the right
of way recently purchased by the Roaring Fork Railroad Holding Authority ("RFRHA"),
an entity formed by inter -governmental agreement between Pitkin County and other
governmental entities. The Rio Grande ROW was purchased for transportation purposes,
potentially for use as a transportation corridor for a mass/rapid transit system and trails
system that would extend beyond the jurisdiction of Pitkin County.
C. The half -mile radius in unincorporated Pitkin County along either side of
the Highway 82 Corridor and along either side of the Rio Grande Right of Way from the
City of Aspen limits north to the Eagle County line comprise the major existing and/or
potential transportation corridors of Pitkin County (the "Transportation Corridors").
D. The Transportation Corridors are within Areas of State Interest and
Activity, as set forth in C.R.S., §§ 24-64.1-201 and 203 and the Pitkin County Land Use
Code, § 3-80 (Areas of Local and State Interest/1041 Environmental Hazard Areas), § 3-
90 (Activities of Local and State Interest), and § 3-100 (Areas Around Key Facilities).
E. There is an emergency that warrants the enactment of a temporary
moratorium on site -specific rezoning applications and privately -initiated code
amendments, to wit:
1. Changing conditions and development pressures along the
Transportation Corridors place the area at risk for inappropriate,
uncoordinated and unplanned development.
Ordinance #98- `3
Page 2
2. Conditions have changed substantially since the adoption of the
existing land use regulations and comprehensive plans. There are no
current, up-to-date land use regulations or comprehensive plans that
address the Transportation Corridors in any sort of comprehensive
manner from either a planning or regulatory perspective.
3. The lack of current regulations and planning documents is resulting in
site -specific rezoning applications and privately -initiated code
amendments along the Transportation Corridors, which may not be
appropriate.
4. These site -specific rezoning applications and privately -initiated code
amendments require significant review time from Pitkin County's
planning staff and elected and appointed officials.
5. A case by case review of development proposals along the
Transportation Corridors is not an appropriate way to plan the future
uses of the area, and is likely to lead to inappropriate and unplanned
development.
6. The Highway 82 Corridor is at capacity, as are many of the other
collector roads in Pitkin County.
7. On November 3, 1998, the voters of Pitkin County rejected a tax that
would have funded improvements of the roads in Pitkin County.
Pitkin County does not currently have the funds to make needed road
improvements.
8. Development proposals along the Transportation Corridors raise
significant implications regarding road capacity and Pitkin County's
ability to make any necessary improvements that cannot be addressed
without further study.
9. Pitkin County is authorized pursuant C.R.S., § 24-65.1-301, 401 and
402 to designate and promulgate regulations governing Areas of State
Interest and Activity. Pitkin County has designated matters of state
interest and has adopted regulations for the administration of the
designated matters of state interest. However, those regulations are
dated and based on a presumption of development under existing
zoned uses and do not adequately address issues raised by site -specific
rezoning applications and privately -initiated code amendments.
10. C.R.S., § 24-65.1-404(4) provides that no development shall occur
within areas of State Interest or Activity until regulations are
completed or "finally determined." To the extent that Pitkin County's
regulations do not adequately address issues raised by site -specific
rezoning applications and privately -initiated code amendments, Pitkin
Ordinance #98- S
Page 3
County is obligated to halt consideration and review of those matters
until new regulations are completed.
11. The potential development of a transportation system that would
extend beyond the jurisdiction of Pitkin County raises inter-
governmental coordination and agreement issues relating to land uses
along the corridor and jurisdictional borders of Pitkin County. The
inter -governmental issues have not been fully addressed.
F. A comprehensive planning process and changes to Pitkin County's
regulations are currently underway that would affect and define the appropriate future
development pattern of the Transportation Corridors, to wit:
1. RFRHA has undertaken a Corridor Investment Study ("CIS") that is
intended, among other things, to identify the opportunities and
constraints relating to the transportation alternatives along the
Transportation Corridors. Along with the transportation analysis, the
appropriateness and compatibility of future land uses adjacent and
proximate to the Transportation Corridors is being studied.
2. Pitkin County, along with the City of Aspen, has undertaken to update
its Aspen Area Community Plan ("AACP"), a comprehensive plan that
will address a variety of issues relating to the upvalley portion of the
Transportation Corridors, including: community character; growth;
transportation; housing; commercial/retail, office and lodging; open
space/recreation and environment; design quality and historic
preservation; and arts, culture and educational needs.
3. Pitkin County has undertaken to update its Down Valley
Comprehensive Plan ("DVCP"), a comprehensive plan that addresses
the down valley portion of the Transportation Corridors.
4. It is anticipated that the CIS, AACP and DVCP will serve as the
planning documents that guide the revision of the Pitkin County Land
Use Code which will regulate development activities along the
Transportation Corridors.
5. It is anticipated that there will be necessity for inter -governmental
agreements relating to the future development of the Transportation
Corridors, but such agreements cannot be finalized until the planning
studies have been completed.
6. Studies are also ongoing relating to the road, employment generation,
fiscal and social service impacts of development which will allow
Pitkin County an opportunity to further define the appropriate future
development pattern along the Transportation Corridors.
Ordinance #98- cj
Page 4
7. Several Pitkin County zoning districts, including all of the affordable
housing zoning districts, are currently being modified.
G. The planning studies and regulatory measures described in paragraph F
herein will take at least one year to complete.
H. A temporary moratorium on site -specific rezoning applications and
privately -initiated code amendments will not affect the right of property owners to apply
for permits and development approvals to use their land consistently with existing zoning
and other Pitkin County regulations.
I. Along the Transportation Corridors there are five properties already
planned for affordable housing development (or mixed affordable and free market
development) that should not be subject to the moratorium. The five properties that
should be exempted from the moratorium are: Aspen Mass; Aspen Valley Ranch;
Burlingame; Pitkin Iron and the Woody Creek Mobile Home Park. These properties
should be exempted because: they have already been subjected to preliminary planning
for development with affordable housing; and/or they have already been identified as
sites which should be considered for affordable housing development in the AACP;
and/or they are already developed with affordable housing, but are legal non -conforming
uses. The Aspen Valley Ranch property additionally should be exempted because the
processing of an application for development approval on that property is tied to Pitkin
County's acquisition of and is part of the consideration for the Woody Creek Mobile
Home Park.
J. Publicly -initiated rezonings and publicly -initiated code amendments of
general application should also be exempted from the temporary moratorium to allow
Pitkin County an opportunity to implement the CIS and the AACP and DVCP updates
when they are finally adopted.
K. As described in paragraph F herein, the purpose of the temporary
moratorium is to allow Pitkin County time to complete its ongoing planning efforts and
enact regulations to implement those plans to ensure that future development in the
Transportation Corridors is undertaken in an appropriate, coordinated and planned
manner.
L. As described in paragraph E herein, a temporary moratorium is necessary
for the immediate preservation and protection of the public health, safety and welfare of
the citizens of Pitkin County.
Ordinance #98-
Page 5
NOW THEREFORE, be it ordained by the Board of County Commissioners of
Pitkin County, Colorado, that a temporary moratorium on site -specific rezoning
applications and privately -initiated code amendments is hereby enacted subject to the
following terms, provisions and exceptions:
1. The Board of County Commissioners incorporates the above recitals as the
justification for this Ordinance and temporary moratorium.
2. The temporary moratorium shall apply to:
a. Site -specific rezoning applications for properties any portion of which
is located within the Transportation Corridors as that area is defined in
paragraph C herein.
b. Privately -initiated code amendments for properties any portion of
which is located within the Transportation Corridors as that area is
defined in paragraph C herein.
3. The temporary moratorium shall prohibit:
a. The acceptance and processing by the Community Development
Department of any application listed in paragraph 2 herein.
b. The review or consideration by the Board of County Commissioners or
the Planning and Zoning Commission of any application listed in
paragraph 2 herein.
4. The following shall be exempted from the temporary moratorium:
a. Site -specific rezoning applications and privately -initiated code
amendments for properties within the Transportation Corridor that
were certified as complete by the Community Development
Department and are still pending at the time of adoption of this
temporary moratorium. These properties shall be allowed to continue
in the review process.
b. Site -specific rezoning applications and privately -initiated code
amendments for properties within the Transportation Corridor that
have received conceptual submission approval, but still require
detailed and/or final plat approval. These properties shall be allowed
to continue in the review process.
c. Site -specific rezoning applications and privately -initiated code
amendments for properties within the Transportation Corridor that
Ordinance #98- Vj 5
Page 6
conducted formal pre -application conferences with the Community
Development Department prior to November 18, 1998.
d. Publicly -initiated rezonings and publicly -initiated code amendments.
e. Rezoning applications and/or code amendments for the following
properties:
i. Aspen Mass;
ii. Aspen Valley Ranch;
iii. Burlingame;
iv. Pitkin Iron; and
v. the Woody Creek Mobile Home Park
f. Projects in process:
i. Lazy Glen — Final Plat;
ii. Crown House - Detailed;
iii. 2 lots — W/J — Final;
iv. Aspen Fire District — Woody Creek;
v. Nextel;
vi. Community School;
vii. Braun Ranch;
viii. H2J Riding School;
ix. Aspen Quick Mart; and
x. Booher Subdivision/PUD.
5. The moratorium will be temporary, and will expire on November 17,
1999, unless rescinded or extended by appropriate action by the Board of County
Commissioners.
6. This Ordinance and temporary moratorium is effective immediately upon
final adoption pursuant to C.R.S. §30-15-405 as it is necessary for the immediate
preservation of the public health and safety of the citizens of Pitkin County, the
circumstances of the emergency having been set forth in paragraph E herein.
7. Any property owner whose property boundaries are located partially, but
not wholly, within the Transportation Corridor as that area is defined in paragraph C
herein may appeal to the Board of County Commissioners for an exemption from the
temporary moratorium. Such exemption shall be at the sole discretion of the Board of
County Commissioners who may consider whether the property in issue implicates any of
Ordinance #98- 5 j
Page 7
the emergency issues identified in paragraph E, or the planning and regulatory changes
identified in paragraph F herein.
8. Any property owner who contends that the temporary moratorium
constitutes a taking of private property without just compensation in violation of the
United States and/or Colorado Constitutions shall, as a prerequisite to judicial action,
request a taking determination pursuant to section 4-150 of the Pitkin County Land Use
Code, as such Code may be amended from time to time.
INTRODUCED, FIRST READ ON THE 18`h DAY OF NOVEMBER, 1998,
AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 16"
DAY OF DECEMBER, 1998.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND
EDITION OF THE ASPEN TIMES ON NOVEMBER 28,1998.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON
DECEMBER 16,1998.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON DECEMBER 25,1998.
ATTEST:
Je,'i ette Jones,
puty Clerk
APPROVED AS TO FORM:
John M ,
County Attorney
BOARD OF COUNTY
COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Dorothea Farris, Chair
Date: /—
Suz. Konchn,
Cou i Manage