PALMER LAKE, COLORADO

PALMER LAKE , COLORADO

ORDINANCE NO.  4 OF 2006

AN ORDINANCE ADOPTING A TEMPORARY MORATORIUM ON ACCEPTANCE, PROCESSING AND ISSUANCE OF PERMITS OR APPROVALS FOR BUILDING DEVELOPMENT WITHIN THE HILLSIDE OVERLAY DISTRICT ZONE AND DECLARING AN EMERGENCY

WHEREAS, the Town of Palmer Lake, Colorado, is a municipality duly and regularly organized and existing as a body corporate and politic under and by virtue of the Constitution and laws of the State of Colorado, and
WHEREAS, the Town may adopt such ordinances relative to local and municipal matters as are necessary to effectuate the purposes and intent of the powers granted to municipalities by the Laws of the State of Colorado; and
WHEREAS, the Town has initiated a process to revise and update (1) the Town's planning documents through a public process designed to appropriately guide growth, development and building design within the Hillside Overlay District Zone, and (2) Town Code Sections 17.50.010 et. seq, concerning the Hillside Overlay District Zone; and
WHEREAS, the Town Board finds that property owners may accelerate plans for building development, as defined in Town Code Section 17.08.060, in reaction to this Town Code and the Hillside Overlay District Zone revision process; and
WHEREAS, the Town Board finds that acceptance of and processing of applications for building development prior to the completion of the revisions to the Town Code concerning development in the Hillside Overlay District Zone will not promote coordinated, innovative, high-quality planning or produce a well-balanced community and other elements directly related to the quality of life for existing and future residents in the Town; and
WHEREAS, the Town Board finds that a delay in the acceptance and processing of such applications for a period of time not to exceed December 31, 2006, is necessary and in the best interest of the Town in order for the Town to complete its review of these revisions to the Town Code; and
WHEREAS, this temporary moratorium is necessary in order to permit consideration by the Town Board of such revisions to the Town Code; and
WHEREAS, uncontrolled acceptance of applications for, or approval of, building development prior to the consideration by the Board of the revisions to the Town Code would defeat the efforts of the Town to promote comprehensive planning and to protect existing neighborhood integrity;
            NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF PALMER LAKE, EL PASO COUNTY, COLORADO, AS FOLLOWS: 

Section 1. Moratorium declared.  The Town Board hereby declares and imposes a moratorium upon the (a) acceptance of applications for, and (b) processing of applications for construction of buildings, as defined in Town Code Section 17.08.060, within the Hillside Overlay District Zone.   Said moratorium shall terminate on December 31, 2006, unless terminated earlier by the Town Board.  Nothing contained in this Ordinance is to be construed to limit or preclude the Town Board  from termination, repeal, amendment, or modification of this Ordinance prior to December 31, 2006.

Section 2.  Vested Rights.  Nothing in this Ordinance shall be construed as affecting any lawfully vested rights to initiate and complete construction where building development was commenced or authorized prior to the effective date of this Ordinance.

Section 3.  Severability.  It is hereby declared to be the intention of the Board of Trustees of the Town of Palmer Lake, Colorado that the sentences, clauses and phrases of this ordinance are severable, and if any sentence, clause or phrase of this ordinance be declared unconstitutional or invalid by the valid judgment or decree of Court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining sentences, clauses or phrases of this ordinance since the same would have been enacted by the Board of Trustees without the incorporation of any unconstitutional or invalid sentence, clause or phrase.

Section 4.Emergency Declared.  The Town Board hereby finds and declares that an emergency exists which requires the immediate effectiveness of this Ordinance, in that the effective implementation of the policy recommendations of the contemplated revision of the Hillside Overlay District Zone would be frustrated and prevented without the protection which this Ordinance will give.

Section 5.  Publication and Effective Date.  The Town Clerk shall certify to the passage of this ordinance and cause notice of its contents and passage to be published or posted.  This ordinance shall become effective upon passage.

PASSED AND ADOPTED THIS ____ DAY OF JULY, 2006

MALCOLM PARKER, MAYOR

ATTEST:

DELLA GRAY, TOWN CLERK