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Home My WebLink Aboutbocc.ord.022.2007AN EMERGENCY ORDINANCE OF THE BOARD 01 COMMISSIONERS OF PITKIN COUNTY, COLORADO EXTENDING A TEMPORARY MORATORIUM PROHIBITING THE ACCEPTANCE, PROCESSING OR APPROVAL OF DEVELOPMENT APPLICATIONS, DEVELOPMENT PERMITS, BUILDING PERMITS OR OTHER DEVELOPMENT APPROVAL ACTIONS IN THE SMUGGLER MOUNTAIN, ASPEN MOUNTAIN, AND CASTLE CREEK AREAS OF PITKIN COUNTY ORDINANCE NO. rW - 2007 Recitals The Board of County Commissioners of Pitkin County, Colorado makes the following findings to support the extension of a temporary moratorium in the Smuggler Mountain, Aspen Mountain, and Castle Creek areas of Pitkin County: 1. Pitkin County has the authority to regulate the use and development of land pursuant to Colorado revised statutes: 0 a. Ch. 28 of Title 30 (County Planning, Zoning and Subdivision); U 0 Z ii z b. Ch. 65.1 of Title 24 (Areas and Activities of State Interest); ° Do ' ° C. Ch. 67 of Title 24 (Planned Unit Development Act); N 9 Y a a c d d. Ch. 20 of Title 29 (Local Government Land Use Control Enabling ° � Act); a � Z w c e. Ch. 11 of Title 30 (County Powers and Functions). Oaf? a Y 2. In connection with its regulation of the use of land, Pitkin County has the v 'a LL e authority to enact a moratorium as part of its broad police and planning powers to � e ° n advance the interests of the public health, safety and welfare. See Droste v. Board of County 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). Smuggler Mountain and Aspen Mountain define much of the southern and northern boundaries of the City of Aspen. Development pressures in these areas 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 area all feature remote wilderness settings characterized 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 area, including alpine skiing, hiking and trail running, and Ordinance No. 0: 2 -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 area —and after extensive public hearings before the Planning and Zoning Commission and the Board of County Commissioners in 2004 - 2005 —certain areas of Smuggler Mountain, Aspen Mountain, and the Castle Creek area were rezoned in 2005. The 2005 rezoning of these areas 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. By Ordinance No. 010 - 2007 — recorded with the Pitkin County Clerk and Recorder on July 11, 2007 at Reception No. 539795 and attached hereto as Exhibit "A "— the Board of County Commissioners enacted a temporary moratorium 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 purpose of the present ordinance is to extend the moratorium embodied in Ordinance No. 010 -2007 for a period of thirty (30) days. The intent of the BOCC in extending said 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 vulnerable to judicial challenge. Due to errors embedded in the GIS system utilized to generate the maps for the corrective rezoning, the original ninety (90) -day period specified in Ordinance No. 010 -2007 has not proved sufficient to perfect the corrective rezoning. 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 Board of County Commissioners that an appropriate analysis of the area and adoption of necessary zoning regulations can be accomplished within an additional thirty (30) days from the original expiration date of the moratorium authorized by Ordinance No. 010 -2007. Thus, the total duration of the moratorium, including the period authorized by this Ordinance, shall be 120 days. 6. This moratorium was enacted after a public hearing in compliance with Colorado statutes. Ordinance No. 091- - 2007 Page 3 NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that the temporary moratorium embodied in and authorized by Ordinance No. 010 -2007 is hereby extended for a period of thirty (30) days, such that the total duration of the moratorium shall be 120 days. The extension authorized by this Ordinance shall be subject to all of the terms, provisions and exceptions contained in Ordinance No. 010 -2007. INTRODUCED AND ADOPTED ON AN EMERGENCY BASIS AT THE REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ON THE 20 DAY OF SEPTEMBER 2007 AND SET FOR CONFIRMATORY READING AND PUBLIC HEARING ON THE 10 DAY OF OCTOBER 2007. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 30 DAY OF SEPTEMBER 2007. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE '7d DAY OF _& e / , 2007. THIS ORDINANCE IS EFFECTIVE SEPTEMBER 26, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO �� ay �a� - CIr C/--� ) Jones Michael M. OwAy, Chairman Clerk Date: o9—.2&--o'7 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT A dy Houben, Director APPROVED AS TO FORM: . ' /John M. Ely Ih'lary 3v Ordinance No. _ - 2007 Page 4 County Attorney County Manager AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PMUN COUNTY, COLORADO ESTABLISHING A TEMPORARY MORATORIUM PROHIBITING THE ACCEPTANCE, PROCESSING OR APPROVAL OF DEVELOPMENT APPLICATIONS, DEVELOPMENT PERMITS, BUILDING PERMITS OR OTHER DEVELOPMENT APPROVAL ACTIONS IN THE SMUGGLER MOUNTAIN, ASPEN MOUNTAIN, AND CASTLE CREEK AREAS OF PITKIN COUNTY ORDINANCE NO. O /d - 2007 Recitals The Board of County Commissioners of Pitkin County, Colorado makes the following findings to support the adoption of a temporary moratorium in the Smuggler Mountain, Aspen Mountain, and Castle Creek areas of Pitkin County: 1. Pitkin County has the authority to regulate the use and development of land pursuant to Colorado revised statutes: U a. Ch. 28 of Title 30 (County Planning, Zoning and Subdivision); 8 b. Ch. 65.1 of Title 24 (Areas and Activities of State Interest); t o , C. Ch. 67 of Title 24 (Planned Unit Development Act); d. Ch. 20 of Title 29 (Local Government Land Use Control Enabling 8 Act); d�> F ac Y e. Ch 11 of Title 30 (County Powers and Functions). Q. T: m w ; t e 2. In connection with its regulation of the use of land, Pitkin County has the cc 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 Droste v. Board of County 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 City of Aspen Development pressures in these areas 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 area all feature remote wilderness settings characterized 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 area, including alpine skiing, hiking and trail running, and Ordinance No. OM -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 area --and after extensive public hearings before the Planning and Zoning Commission and the Board of County Commissioners in 20042005 — certain areas of Smuggler Mountain, Aspen Mountain, and the Castle Creek area were rezoned in 2005. The 2005 rezoning of these areas 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 vulnerable 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 Board of County Commissioners that an appropriate analysis of the area and adoption of necessary zoning 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 Deportment, 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 area. Ordinance No. NO -2007 Page 3 2. The area affected by this moratorium shall be the areas of Smuggler and Aspen Mountains depicted in Exhibits 1 -2, and the area of the Castle Creek drainage identified in Exhibit 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 parcel; C. 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 Section 2- 10 -10(b) of the Pitkin County Land Use Code. 6. 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 2- 40-150 of the Pitkin County Land Use Code. 7. This moratorium shall remain in effect for 90 days unless earlier terminated, or extended, by a formal ordinance enacted by the Board of County Commissioners. J Ordinance No. 6 -2007 Page 4 INTRODUCED AND ADOPTED ON AN EMERGENCY BASIS AT THE REGULAR MEETING OF THE BOARD OF COUNTY COM MIONERS OF PITKN COUNTY, COLORADO ON THE 11 DAY OF JULY 2007 AND SET FOR CONFIRMATORY READING AND PUBLIC HEARING ON THE STH DAY OF AUGUST 2007. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 29 OF JULY 2007. PUBLISHED, THE b" DAY OF IN THE ASPEN TIMES WEEKLY ON THIS ORDINANCE IS ATTEST: Y 11, 2007. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ' Jones 1 LYA. V 11,m .f aumxn Clerk Eck h/�rfz V ice —c ho. iA -Ph +Al Date: soly 11 , aao PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT Cindy Houben, Direcmr APPROVED AS TO FORM: Y ,4,w / John M. Ely County Attorney L County 2 Exhibit 1 �I ....> „;:.. rig 5s' f .rr xm f r #k At �c A z A as t , 4C� � r tl rs 1 T q', Exhibit 3 ' ' ' a t C astle. Creek, MoratoriumArea `r + Ashcroft # Ghost Town � j l { I / i •- { r t t r t i � + t 1 ., ,� � - •... gyp; \ t z , t d r i f ' d t 1 # ! 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