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Home My WebLink Aboutbocc.ord.010.2007AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY, COLORADO ESTABLISHING A TEMPORARY MORATORIUM PROffiBITING THE ACCEPTANCE, PROCESSING OR APPROVAL OF DEVELOPMENT APPLICATIONS, DEVELOPMENT PERMITS, BUILDING PERMITS OR OTFIER DEVELOPMENT APPROVAL ACTIONS IN THE SMUGGLER MOUNTAIN, ASPEN MOUNTAIN, AND CASTLE CREEK AREAS OF PITHIN COUNTY ORDINANCE NO. 0/~ - 2007 Recitals The Boazd of County Commissioners of Pitkin County, Colorado makes the following findings to support the adoption of a temporary maratorium in the Smuggler Mountain, Aspen Mountain, and Castle Creek azeas of Pitkin County: 1. Pitkin Counry has the authority to regulate the use and development of land pursuant to Colorado revised statutes: 0 U V „ Z a. Ch. 28 of Title 30 (County Planning, Zoning and Subdivision); `0 ¢ c N o ~ b. Ch. 65.1 of Title 24 (Areas and Activiries of State Interest); ~ ,.. p c o ~ a a Ch. 67 of Title 24 (Planned Unit Development Act); ~q` U _ ,~^, o~ d. Ch. 20 of Title 29 (Local Government Land Use Control Enabling ~ p U ACt~; dF ° Oa~'~ F~~ Y e. Ch. 11 of Title 30 (County Powers and Functions). a ~' m cu'i y°~. LL ~ 2. In connection with its regulation of the use of land, Pitkin County has the W~yO ~p ~~~~ authority to enact a moratorium as part of its broad police and planning powers to advance the interests of the public health, safety and welfaze. See Droste v. Board of Counry Commissioners, 159 P.3d 601 (Colo. 2007); Hermanson v. County of Fremont, 595 P.2d 694 (Colo. App. 1979); Dill v. Lincoln County, 928 P.2d 809 (Colo. App. 1996). 3. Smuggler Mountain and Aspen Mountain define much of the southern and northern boundaries of the Ciry of Aspen. Development pressures in these azeas are extremely intense. The Castle Creek area of Pitkin County is also situated near the City of Aspen and similarly is subject to significant development pressures. Smuggler Mountain, Aspen Mountain, and the Castle Creek azea all feature remote wilderness settings chazacterized by steep slopes and other environmental hazards, limited or non- existent access for emergency response and other public services, and important wildlife habitat. Smuggler and Aspen mountains also provide some of the primary recreational opportunities in the Aspen azea, including alpine skiing, hiking and trail rumiing, and Ordinance No. 0/D - 2007 Page 2 mountain biking. The Castle Creek area also provides significant recreational amenities to the public. In light of changed conditions and master plan recommendations affecting Smuggler Mountain, Aspen Mountain, and the Castle Creek azea-and after extensive public hearings before the Planning and Zoning Commission and the Boazd of County Commissioners in 2004-2005-certain areas of Smuggler Mountain, Aspen Mountain, and the Castle Creek azea were rezoned in 20Q5. The 2005 rezoning of these azeas was designed to ensure that future development in these areas is consistent with neighborhood conditions and with master plan recommendations. The record of proceedings underlying the 2005 rezoning contains extensive detail on the various factors supporting the rezoning; these records are available in the office of the Pitkin County Clerk and Recorder. Recent analysis has revealed, however, that the 2005 rezoning of these areas may have incorporated minor procedural defects. If a court were persuaded that these defects justify overturning the 2005 rezoning, development that is inconsistent with neighborhood conditions, at odds with master plan recommendations, and contrary to the considerations supporting the 2005 rezoning set forth in the record could take place. This would be detrimental to the health, safety, and welfare of the citizens of Pitkin County. 4. This moratorium is to allow time to perfect a rezoning of the Smuggler Mountain, Aspen Mountain, and Castle Creek areas that rectifies any procedural defects that may have existed in the 2005 rezoning. The intent of the BOCC in enacting this moratorium is to allow sufficient time to ensure strict compliance with procedural steps that are necessary to perfect appropriate zoning on Smuggler Mountain, Aspen Mountain, and Castle Creek that will not be wlnerable to judicial challenge. 5. There is an emergency that warrants the enactment of this ordinance and temporary moratorium. Failure to impose this moratorium will allow 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 Boazd of Counry Commissioners that an appropriate analysis of the area and adoption of necessary zoxung regulations can be accomplished within ninety (90) days. 6. This moratorium was enacted after a public hearing in compliance with Colorado statutes. 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 conducting pre- application conferences, accepting or processing development applications, approving or issuing development permits, building permits or any other type of approval which would allow or lead to development activity in the moratorium azea. ~- Ordinance No. ~/~ - 2007 Page 3 2. The area affected by this moratorium shall be the azeas of Smuggler and Aspen Mountains depicted in Exhibits 1-2, and the area of the Castle Creek drainage identified in Exhibit 3. 3. The following shall be exempt from the application of this moratorium: a. development activity for which a valid building permit has been issued and maintained prior to July 11, 2007; b. development activity which possesses either statutory or common law vested rights. c. development activity which, by the determination of the Community Development Department, is necessary for the preservation of the health and safety of property owners or the general public; d. development activity which consists of the remodel, replacement or reconstruction of existing improvements which do not modify the existing square footage or building footprint of the exempted pazcel; e. development activity associated with public utilities. f. development in the SKI-REC (formerly AF-SKI) zone district within the permit boundaries of the Aspen Mountain Ski Area. g. development activity that is consistent with the zone districts put in place by the 2005 rezoning. 4. 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. 5. 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 5ection 2-10-10(b) of the Pitkin County Land Use Code. 6. Any property owner who contends that this temporary moratoriuxn constitutes a taking of private properry 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 2-40-150 of the Pitkin County Land Use Code. 7. This moratorium shall remain in effect for 90 days unless eazlier ternunated, or extended, by a formal ordinance enacted by the Boazd of County Commissioners. 3 Ordinance No. ~~~ - 2007 Page 4 INTRODUCED AND ADOPTED ON AN EMERGENCY BASIS AT THE REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY, COLORADO ON THE 11TH DAY OF NLY 2007 AND SET FOR CONFIRMATORY READING AND PUBLIC HEARING ON THE 8~ DAY OF AUGUST 2007. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE ~~AY OF NLY 2007. PUBLISHED THE ~~ DAY OF )N IN THE ASPEN TIMES WEEKLY ON 2007. THIS ORDINANCE IS ATTEST: PITKIN COUNTY COMMLJNITY DEVELOPMENT DEPARTMENT ~ Cindy Houben, Director APPROVED AS TO FORM: , e~' John M. Ely County Attorney JLJLY 11, 2007. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ~ .rck ~N.~r{,z I vi ce -c~a itn~~}nl l Date: T~ I y ~ i, a oo n /~ l .~~r~- Hilary Fletc er County M r ./ i Exhibit 1 ,,. 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