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HomeMy WebLinkAboutbocc.ord.002-B.2000 REVISED EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO SIX MONTH TEMPORARY MORATORIUM PROHIBITING THE ACCEPTANCE, PROCESSING OR APPROVAL OF DEVELOPMENT APPLICATIONS OR DEVELOPMENT PERMITS FOR PLANNED UNIT DEVELOPMENTS, SUBDIVISIONS, GROWTH MANAGEMENT ALLOTMENTS AND QUALIFIED RESIDENTIAL DEVELOPMENT IN UNINCORPORATED PITKIN COUNTY REVISED ON CONFIRMATORY READING ORDINANCE#2000- ©0ab RECITALS The Board of County Commissioners of Pitkin County, Colorado makes the following findings to support the adoption of a six-month temporary moratorium in unincorporated Pitkin County: I. AUTHORITY A. Pitkin County has the authority to regulate the use.and development of land pursuant to Colorado Revised Statutes: Chapter 28 of Title 30 (County Planning, Zoning, Subdivision); Chapter 65.1 of Title 24 (Areas and Activities of State Interest); Chapter 67 of Title 24 (Planned Unit Development Act); Chapter 20 of Title 29 (Local Government Land Use Control Enabling Act); and Chapter 11 of Title 30 (County Powers and Functions). B. 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). C. C.R.S. § 24-65.1-404(4) provides for the designation of matters of state interest. In connection with that designation, the statute provides: After a matter of state interest is designated pursuant to this section, no person shall engage in development in such area, and no such activity shall be conducted until the designation and guidelines for such area or activity are finally determined pursuant to this article. Ordinance#2000- 002 Page 2 Dill, 928 P.2d at 814 (finding moratorium by resolution authorized by § 24-65.1-404(4)). The area affected by the six month temporary moratorium includes areas and activities of state interest, 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 Interest11041 Environmental Hazard Areas), § 3-90 (Activities of Local and State Interest), and § 3-100 (Areas Around Key Facilities). II. ONGOING PLANNING AND DEVELOPMENT IMPACT STUDIES A. The Aspen Area Community Plan ("AACP") is currently being jointly updated by the City of Aspen and Pitkin County. The AACP proposes the adoption of an Urban Growth Boundary ("UGB"), which would focus the majority of all future growth within its boundaries, and require regulatory land use changes inside and outside of its boundary. (The proposed AACP and UGB are incorporated by reference as in this Ordinance.) B. Pitkin County is currently preparing a Pitkin County Master Plan ("Pitkin County Plan") that will be applicable to the area outside of the UGB within unincorporated Pitkin County. (A map of the area governed by the Pitkin County Plan is incorporated by reference in this Ordinance.) C. A Corridor Investment Study ("CIS") of the transportation corridor along State Highway 82 and the former Denver and Rio-Grande right-of-way, also underway, will define the uses appropriate for the transportation corridor. D. Impact studies are also ongoing relating to road improvement mitigation, employee generation, fiscal and social services demands caused by development. Initial employee generation studies have documented a correlation between residential dwelling units and their employment generation. E. The AACP, the Pitkin County Plan, the CIS and development impact studies contemplate the implementation of their policies and findings through the modification of regulations contained in the Pitkin County Land Use Code, including potential rezonings, recalculation of development exactions, modification of the existing growth management system and modification of the regulations relating to activities and areas of state interest. F. The Colorado Legislature and Governor's Office have declared that the rapid growth experienced in the entire state in recent years is a top priority for this year's legislative session. Any State legislative changes in the manner in which local communities may deal with growth can be expected in the first six months of the year 2000. Ordinance#2000- 0DcQP) Page 3 III. UNCONTROLLED AND UNMITIGATED GROWTH A. The unincorporated area of Pitkin County has experienced significant growth in the last decade. That growth continues at a scale and rate which is not in keeping with the goals of the community of preserving open areas, requiring development to "pay its own way" by mitigating its impacts, and slowing the overall pace of development in the County. B. Growth in unincorporated Pitkin County is largely uncontrolled in terms of rate/amount and type/quality of growth. While Pitkin County has utilized a Growth Management Quota System, GMQS has failed to account for and thus regulate the rate and amount of significant growth occurrences, including: (1) development on lots created prior to 1978; (2) construction of replacement structures; and (3) remodeling of existing structures. C. Growth in unincorporated Pitkin County largely does not "pay its own way" and either does not provide any mitigation for its impacts or mitigates at an insufficient rate requiring some form of public subsidy. For example, exactions for affordable housing are currently not applied throughout the entire county and recent studies have shown that the County's exaction formula does not require full mitigation for development impacts. Significant employment generation and road impacts are experienced in connection with upgrading the quality of improvements on developed properties, and the County collects no mitigation for this impactive activity. D. The intensity of growth currently permitted under existing land use code regulations is resulting in significant environmental degradation. The county has experienced loss of wildlife habitat and agricultural resources, depletion of water resources, unacceptable air quality and excessive consumption of natural resources. A goal of Pitkin County is to preserve our natural environment and the health, well being and quality of life of its citizens. IV. INADEQUATE INFRASTRUCTURE A. There is inadequate infrastructure and public services to serve significant future growth in unincorporated Pitkin County: 1. State Highway 82 is over capacity, as are many of the other collector roads in Pitkin County. 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 many needed road improvements. Colorado revenue limitations impede Pitkin County's ability to collect money to provide these and other essential public services necessitated by our current growth rate. Ordinance#2000- 0(k9 V Page 4 2. There are inadequate central water and sanitation facilities to service the growth currently permitted under present land use regulations. Pitkin County has continuing concerns regarding the proliferation of septic systems on ground water resources. 3. There is inadequate publicly and privately owned affordable housing to provide housing for the employees generated due to the growth in unincorporated Pitkin County. Pitkin County does not have a sufficient dedicated income source for the creation of affordable housing. 4. There are inadequate public funds and personnel in the Roaring Fork Valley human services departments to accommodate the current rate of growth in unincorporated Pitkin County. 5. The only mass transit service provider in the Roaring Fork Valley is the Roaring Fork Transit Agency. Current land use regulations do not provide for the adequate mitigation of transit services. B. The current development of unincorporated Pitkin County threatens the orderly and logical provision of services in Pitkin County. V. EMERGENCY AND PURPOSE OF MORATORIUM A. There is an emergency that warrants the enactment of this ordinance and temporary moratorium, for a period limited to six-months, in unincorporated Pitkin County: 1. Significant uncontrolled and unmitigated growth places the area at risk for inappropriate, publicly subsidized, uncoordinated and unplanned development. 2. Significant planning efforts are underway that will define the appropriate amount, rate, type and quality of growth in the area. Such planning efforts will necessitate implementation through amendments to the Land Use Code. 3. A temporary moratorium is necessary to avoid uncoordinated and potentially inconsistent development while the planning efforts and regulatory changes are being completed. B. As described herein, the purpose of the temporary moratorium is to allow Pitkin County time to complete its ongoing planning efforts and enact regulations to Ordinance#2000-00(3 Page 5 ensure that future development in the unincorporated area of Pitkin County is undertaken in an appropriate, coordinated and planned manner. C. As described 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. NOW THEREFORE, be it ordained by the Board of County Commissioners of Pitkin County, Colorado, that a six-month, temporary moratorium is hereby enacted subject to the following terms, provisions and exceptions: 1. Moratorium. The Community Development Department, Building Division and all other County Departments are prohibited from conducting pre- application conferences, accepting, processing or approving development applications or development permits for: a. Any planned unit developments; b. Any subdivisions; C. Any residential, commercial and tourist growth management allotments; d. Any residential development that would approve development on any parcel or lot which has or would have improvements in excess of 5750 square feet, all inclusive, no exceptions, or 6450 square feet, all inclusive, no exceptions, on conforming properties in the RS-20, RS-30 and RS-160 zone districts. For purposes of this moratorium, square footage shall be calculated by including all enclosed space defined as floor area in the 1997 Uniform Building Code. All properties legally improved, are permitted to construct, as provided in the Land Use Code: a total of 750 square feet of garage space, inclusive of existing space; one caretaker dwelling unit of 700 net livable square feet or less; one employee dwelling unit of 1500 net livable square feet or less; and agricultural buildings. The construction of a garage, CDU, EDU or agricultural building on legally improved properties, as provided herein, shall be allowed regardless of the square footage of the existing improvements subject to the Land Use Code. 2. Applicability and Expiration. The temporary moratorium shall apply to all development on all lands within unincorporated Pitkin County. The temporary moratorium is temporary and shall expire on its own accord, without any further action of the Board, on July 10, 2000. 3. Planning Process and Consideration of New Land Use Regulations. All proposed amendments to the Pitkin County Land Use Code shall be presented to the Planning and Zoning Commission as early as possible for their continued discussion and review. The Board of County Commissioners shall hold a first reading on all proposed Ordinance#2000- 0 Qal Page 6 code amendments and a second reading and public hearing on all proposed code amendments and continuing future meetings as needed. 4. Exceptions from Moratorium a. Processing of Pending Applications Allowed. Development applications and development permit applications that are certified complete by the Planning Division or accepted by the Building Division as of January 10, 2000 shall continue to be reviewed and processed to appropriate conclusions under the regulations in effect on the date the applications were certified complete or accepted. b. Conceptual Approvals. Properties which receive or have received conceptual approvals shall be permitted to proceed in the development review process to appropriate conclusion. c. Vested Rights. During the applicable vesting period, this temporary moratorium shall not be applied to impair any right vested by virtue of an approved site specific development plan. Vested approvals shall permit the property owner to continue in the development process and seek any additional necessary development approvals and building permits, to the extent the use is vested and is still within the vesting period. Properties with site specific development plan approvals still within the vesting period may develop as set forth by the development approval or the regulations in effect at the time of vesting, whichever is more restrictive in terms of allowed floor area. This moratorium shall not impair any property with common law vested rights. Determination of common law vesting shall be accomplished on a site- by-site basis. d. Recreational uses. Development applications and development permit applications for recreational uses shall not be subject to this moratorium. e. Extension of vested rights. Applications for the extension of existing vested rights shall not be subject to this moratorium. f. Transferable development rights. Applications for the issuance of transferable development rights certificates and the use of the transferable development rights through a special review application shall not be subject to this moratorium, provided that no residential development shall exceed the limitations stated in paragraph 1 d, above. Ordinance#2000- 00CRG Page 7 g. Subdivision exemptions. Applications for subdivision exemptions pursuant to section 3-190 of the Land Use Code shall not be subject to this moratorium. h. Appeals and adjustment processes. Applications for appeals to the Board of Appeals, reviews by the Board of Adjustment, or for appeals to the Board of County Commissioners for appeals of prior decisions or assertion of takings shall not be subject to this moratorium. i. Agricultural improvements. Applications for agricultural buildings shall not be subject to this moratorium. This exemption shall not apply to agricultural buildings that are used for commercial uses unrelated to agricultural production (e.g., commercial riding arenas or horse boarding facilities). j. Temporary Commercial Uses and Special Events. Subject to all necessary land use approvals and permits, temporary commercial uses and special events shall not be subject to this moratorium. k. Landsca_ping. Subject to all necessary land use approvals and earthmoving permits, landscaping shall not be subject to this moratorium. 1. Road improvements. Subject to all necessary land use and building permit approvals, road improvements shall not be subject to this moratorium. m. Growth Management Exemptions. Exemptions provided in Land Use Code section 3-150 for residential construction shall only be available and exempt from this moratorium if the proposed construction complies with the size limitations contained herein for residential development. No exception from this moratorium exists for any commercial or tourist allocation application. n. Building Permit Exceptions. Construction which is exempt from permitting requirements pursuant to 1997 UBC section 106 and by the Building Division, including but not limited to re-siding, re-roofing, repairs and APECC approved energy improvements shall not be subject to this moratorium. o. Remodel, Replacement, Reconstruction and Repair. Remodels, replacements, reconstructions or repairs which do not increase the size of the improvements on a property shall not be subject to this moratorium. 5. Emergency Ordinance and Temporary Moratorium. This temporary moratorium is effective immediately upon 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 herein. Ordinance#2000- 0c� Page 8 6. Appeals concerning this Moratorium. Any property owner who wishes to appeal the application of this moratorium to their property or plans for development may appeal to the Board of County Commissioners pursuant to section 4-160 of the Land Use Code following any action of any County staff or administrator. 7. Exhaustion of Administrative Remedies. 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, as such Code may be amended from time to time. INTRODUCED AND ADOPTED ON JANUARY 10, 20009 AND SET FOR CONFIRMATORY READING AND PUBLIC HEARING ON FEBRUARY 9, 2000. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON JANUARY 22, 2000. CONFIRMED AT CONTINUED PUBLIC HEARING ON FEBRUARY 10, 2000. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON FEBRUARY 19, 2000. EFFECTIVE JANUARY 10, 2000, FIRST REVISIONS EFFECTIVE JANUARY 12, 2000, SECOND REVISIONS EFFECTIVE FEBRUARY 10, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO J nette Jones, Shellie Roy Har ,, Chair eputy County erk Date: 4-d 3 •o 0 Ordinance#2000- 00 e) Page 9 APPROVED AS TO FORM: A,&a. A K A%A John M. Ely,.-%� Suza a Konchan Coun #torney Cou Manager