HomeMy WebLinkAboutBOCC.packet.spec.06182014WEDNESDAY, JUNE 18, 2014
10:00 SPECIAL MEETING in Rio Grande Room
Ordinance will be provided at the meeting based on any changes discussed at the Tuesday, June 17 Work Session
regarding the Emergency Ordinance Amending Title 8 of the Pitkin County Land Use Code for Land Use Code
Amendments to Temporary Commercial Uses and Special Events.
AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO ESTABLISHING A
TEMPORARY MORATORIUM PROHIBITING THE ISSUANCE OF ANY AND
ALL PERMITS THAT WOULD ALLOW FOR STRUCTURES THAT WOULD
VIOLATE THE USE AND DIMENSION RESTRICTIONS OF THE RURAL AND
REMOTE ZONE DISTRICT
ORDINANCE NO. - 2014
Recitals
The Board of County Commissioners of Pitkin County, Colorado makes the following
findings to support the adoption of a temporary moratorium in the Rural and Remote
Zone District:
1. Pitkin County has the authority to regulate the use and development of
land pursuant to Colorado revised statutes:
a. Ch. 28 of Title 30 (County Planning, Zoning and Subdivision);
b. Ch. 65.1 of Title 24 (Areas and Activities of State Interest);
c. Ch. 67 of Title 24 (Planned Unit Development Act);
d. Ch. 20 of Title 29 (Local Government Land Use Control Enabling
Act);
e. Ch. 11 of Title 30 (County Powers and Functions).
2. In connection with its regulation of the use of land, Pitkin County has the
authority to enact a moratorium as part of its broad police and planning powers to
advance the interests of the public health, safety and welfare. See Hermanson v. County
of Fremont, 595 P.2d 694 (Colo. App. 1979); Dill v. Lincoln County, 928 P.2d 809 (Colo.
App. 1996).
3. The Rural and Remote Zone District is currently being examined by the
County Planning staff to produce a comprehensive regulation concerning special or
temporary events. The Rural and Remote Zone District represents a unique resource area
within Pitkin County that is characterized by sensitive environmental habitat.
4. The moratorium is to allow time to conduct a comprehensive study of
what appropriate zoning and development regulations should be imposed. This study
shall examine what appropriate regulations should be approved in the moratorium area.
The intent of the BOCC in enacting this moratorium is to allow sufficient time to enact
appropriate zoning regulations.
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Ordinance No.
Page 2
- 2014
5. There is an emergency that warrants the enactment of this ordinance and
temporary moratorium. Failure to impose proper regulations will allow events and
development to proceed, which may be out of character with the community and will
negatively affect the cultural, environmental and neighborhood qualities of the
moratorium area. It is anticipated by the Board of County Commissioners that an
appropriate analysis of the area and adoption of necessary zoning regulations can be
accomplished within six (6) months.
NOW THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Pitkin County, Colorado that a temporary moratorium is hereby
enacted subject to the following terms, provisions and exceptions:
1. The Community Development Department, Building Division and all
other County departments, agencies and Boards are prohibited from the issuance of any
and all permits that would allow for structures, temporary, permanent or of any kind that
would violate the use and dimension restrictions of the Rural and Remote Zone District.
2. The following shall be exempt from the application of this moratorium:
a.
3. This temporary moratorium is effective immediately upon adoption
pursuant to C.R.S. § 3-15-405 as it is necessary for the immediate preservation of the
public health and safety of the citizens of Pitkin County.
4. Any property owner who wishes to appeal the application of this
moratorium to their property or plans for development, may appeal directly to the Board
of County Commissioners pursuant to Section 4-160 of the Pitkin County Land Use
Code.
5. Any property owner who contends that this 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.
6. This moratorium shall remain in effect for six (6) months.
INTRODUCED AND ADOPTED AT A SPECIAL MEETING ON JUNE 18, 2014 AND
SET FOR CONFIRMATORY READING AND PUBLIC HEARING ON JULY 9, 2014.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON JUNE 26, 2014.
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Ordinance No.
Page 3
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NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.aspenpitkin.com )
ON JUNE 27, 2014.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON JULY 9, 2014.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON 2014.
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (
www.aspenpitkin.com) ON THE , 2014
THIS ORDINANCE IS EFFECTIVE JUNE 18, 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Jeanette Jones
Deputy Clerk
Jack Hatfield, Chairman
Date:
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
Cindy Houben, Director
APPROVED AS TO FORM:
John M. Ely
County Attorney
Hilary Fletcher Smith
County Manager