HomeMy WebLinkAboutBOCC Packet 05092010 LUC AmendmentMEMORANDUM
TO: Board of County Commissioners
Regular Meeting — June 9, 2010
THROUGH: Cindy Hoube�f,'�"dmmun�ity Development Director
FROM: Lance Clarke, Assistant Director
RE: Proposed Land Use Code Amendment: New Section 2-30-30 (h) (10), Location and
Extent Review and Section 2-30-10, Procedures Table, and "Applications Manua1"
2"a Reading
SUMMARY/ BACKGROUND: There is a provision in the Colorado Statutes (C.R. S. 30-28-110,
attached) that requires that essentially any public project proposed by a governmental entity in the
unincorporated area of the County; whether proposed by a city, the County, a fire district, a
metropolitan district, or other jurisdiction; must be submitted to the Planning Commission for
review for conformance with the applicable comprehensive plan or master plan.
This is a review "type" that we have yet to accommodate in our Land Use Code. We heretofore
have not had standards or an application procedure for this type of review. There is a recent
Colorado Supreme Court case which has highlighted this Statute provision. A Planning
Commission determination on a Location and Extent proposal is essentially "advisory", as
disapproval may be overruled by the governmental jurisdiction making the proposal.
The Planning Commission has recently undertaken two Location and Ext�nt Reviews. There are a
few other such reviews that will be coming to the P&Z in the next few months, and it is likely there
will be several each year in the future.
The purpose of this proposed code amendment is to add a"Location and Extent Review" to the
Chapter 2, "One-Step Review Procedure" section and to the Chapter 2, "Review and Approval
Procedures Summary Table". The language is by and large directly from the State Statute. Though
not required by the State, we are recommending that the review be an advertised public hearing
before the Planning Commission, since in many cases there will be no other land use review. We
are also proposing an amendment to the "Pitkin County Land Use Application Manual", which is an
Appendix to the Code, to specify required application materials for this review.
This amendment does not presuppose one way or the other whether there is an exemption from
other Sections of the Code for governmental jurisdictions. It simply establishes the standards and
procedures for the required Location and Extent review.
APPLICANT: Community Development Staff
PLANNING COMMISSION ACTION: The P&Z reviewed the�proposed amendments on April
4, 2010, and recommended approval by a 3-0 vote.
BOCC ACTION AT lgt READING: The Board adopted a motion at ls` Reading and Public
Hearing on May 26, 2010, approving the amendments. Questions were raised about the
ramifications of the recent Colorado Supreme Court case that is tied to this provision of the State
Statutes. It was requested that the County Attorney's Office consider whether there is a way to at
least "protect" PUDs from any exemption to County zoning regulations for other governmental
jurisdictions. This is being considered. It was also asked if there were a way to "bring back 1041"
into this Code Section. The Attorney felt that to the extent applicable, paragraph (c), which refers to
"other applicable County review processes" was sufficient. He emphasized that it is important to
add a specific "1041 Section" to the Code for Areas of State Interest and Location and Extent
Reviews, but that we should have a Location and Extent Review codified now.
RECOMMENDATION: Staff and the Planning Commission recommend that the Board pass a
motion adopting the proposed amendments to Section 2-30-30 (h) (10) and Section 2-30-10,
Procedures Table, for a Location and Extent Review on 2"d Reading. Additionally, staff and the
Planning Commission recommend the Board pass a motion adopting the amendments to the
"Pitkin County Land Use Application Manual" on 2"d Reading.
ATTACHMENTS:
1) Proposed Code amendment
2) State Statute
lancec/codeamendmemo2ndBOCC location extent.doc
ORDINANCE OF THE BOARD OF COUNTY COMNIISSIONERS OF PITKIN COUNTY,
COLORADO, AMENDING TITLE 8 OF THE PITI�N COUNTY CODE, SPECIFICALLY
THE 2006 LAND USE CODE, TO ADD A NEW SECTION 2-30-30 (h) (10), LOCATION
AND EXTENT REVIEW, AND ADDING LOCATION AND EXTENT REVIEW TO
TABLE 2-1 AND THE "APPLICATIONS MANUAL"
Ordinance No. - 2010
RECITALS
1. Pitkin County Community Development Staff has initiated a Land Use Code amendment to
amend the Pitkin County Land Use Code (PCLUC) in an effort to address development proposed
by governmental jurisdictions in accordance with Colorado Revised Statutes 30-28-110.
Amendments will be made to the following chapters and sections:
Chapter 2
EXHIBIT A— New section 2-30-30 (h) (10), Location and Extent Review; Addition to Table 2-
1, Section 2-30-]0.
EXHIBIT B— New Section 2.2.23, Location and Extent Review, in "Pitkin County Application
Manual".
2. The Planning and Zoning Commission reviewed the proposed amendments at a regularly
scheduled meeting on April 6, 2010. The Commission voted 3-0 to recommend approval to the
BOCC in favor of the proposed code amendment.
�
5.
The BOCC reviewed the application at ]S` Reading at a d.uly noticed public hearing on May 26,
2010, and at a duly noticed public meeting on June 9, 2010. Evidence and testimony were
presented with respect to this application.
The BOCC finds that this Code Amendment and addition to the "Application Manual" are
consistent with Pitkin County's goals and policies regarding land use and development in the
County.
The BOCC further finds that the amendment to the Code is consistent with County
Comprehensive Plans and in compliance with Section 2-40-]0.
NOW, THEREFORE, BE IT ORDAINED by the Pitkin County Board of County
Commissioners that it hereby amends the above-referenced Section of the 2006 Pitkin County Land Use
Code, and the "Application Manual" as set forth in E�chibits A and B.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIlVIES on the ----day of -----, 20 ] 0.
INTRODUCED ON F1RST READING AT A PUBLIC HEARiNG on the 26`h day of May, 2010.
APPROVED AND ADOPTED ON SECOND READING AT A PUBLIC MEETING on the 9`h day
of June, 2010.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the day of 2010.
Ordinance No
Page 2 of 6
ATTEST:
JeanetteJones
Deputy Clerk
�llll]
APPROVED AS TO FORM:
John Ely,
County Attorney
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
George Newman
Chair
Date:
APPROVED AS TO CONTENT:
C C� .
dy ouben,
Community Development Director
lancec/docs/code amendment location and extent ord.doc
��1� ���:-� �
CHAPTER 2: REVIEW AND APPROVAL PROCEDURES
2-30: Standard Review and Approval Procedures
2-30-30: One-Step Review Procedure
information to the analysis and/or findings of the original designation report. If a request
for delisting from the Historic Register is denied, a new application for delisting may not
be filed again for a period of two (2) years from the date of denial by the Board of
County Commissioners.
(1 U) LOCATION AND EXTENT REV/EW
(a} The purpose of the location and extent review is to determine whether any proposed
road, park, or other �ublic w�, qround, or space, or public building or structure or
public utilitv, whether publicly or privately owned is in conformance with the applicable
County Comprehensive Plan or Master Plan.
(b) The acceptance, wideni�g, removal, extension, relocation, narrowing, vacation,
abandonment, chanQe of use, or sale or lease of or acquisition of land for any road,
park, or other public way, qround, place, property, or structure, shall be subject to
similar submission and aqproval.
(c) A location and extent review may be undertaken concurrently with anv other apqlicable
County review processes.
(d) In the case of a disapproval bXthe Planning and Zoning Commission of a location and
extent review the Commission shall communicate its reasons to the qoverninc� body or
official havingjurisdiction for the proposed project.
(i) Vested Right
The One-Step Review process will result in the creation of a vested right pursuant to Sec. 2-20-
170 in the following situations only:
(1) When an application for a�pproval of an Activity Envelope or Site Plan is decided by the
Hearing Officer, because the Community Development Director has referred the application
pursuant to Sec. 2-30-20(i);
(2) When an application for approval of an Activity Envelope or Site Plan is decided by the
Hearing Officer because the application is intended to result in a vested property right
pursuant to Sec. 2-20-170,
(3) When the application is for a major amendment to a Site Specific Development Plan (as it
was defined before the 5th of Jufy, 2006) approved prior to the 5th of July, 2006;
(4) When the application is for a major amendment to a Site Specific Development Plan
pursuant to Sec. 2-20-150 after issuance of a development permit and after the 5th of July,
2006.
U� APpeal
Decisions made pursuant to the One-Step Review process may be appealed to those bodies
identified in Table 2-1 pursuant to Sec. 2-20-180.
(Code revised by Ord. 14D-2006, 07-05-06; § 2-30-30 (part) amended by Ord. 023-07, 08-28-Oi)
Land Use Code Pitkin County, Colorado
July 2006 Page 43
CHAPTER 2: REVIEW AND APPROVAL PROCEDURES
2-30: Standard Review a�d Approval Procedures
2-30-10: Review and Approval Procedures Summary Table
.: � .. .� . �.
Public Pre-App. � ����'��e+��i��i�l��i���t��i ����i�l� ���
Land Use Code Section � � q���� � � � � �� ;
Notice Reqd. ' � °
-; c.5 -� P�ib#i� i��ri� �e: �r�x�I �: , . _.'':
;s�a� ; .:.HO . r�t��c `�o�a � �� -�oce;
Subdivision Exemption __________ _____ _
-------------------- -
---------- --------- -------- --------- --------- ------- -------- -------------
Lot Line Adjustment_ ________ ____+/____ ___ D A None
-------------=- ------------ ------------- --------- --------- ------- ---A -- ---None----
Mmor Plat Amendment �/ D
Temporary Commercial Uses � p A 1 year
/S ecial Events
Transfer of Development Right
(See also Sec. 2-40-30)_
- - ----------- -------- ---------- --------- -------- --------- --------- ------- -------- -------------
Issuance of TDR Certificate � p A None
_______forSa(e_from_SendingSite_ ________
---------- ------------------ --------- --------- ------- -------- -------------
Use of TDR Certificate fo
Additional Floor Area on a � p A None
Lot/Parcel within the Aspen
Urban Growth Bounda
- - - - --------------- -------- ---------- --------- -------- --------- --------- ------- -------- -------------
Use of TDR Certificate fo
Additional Floor Area on a Lot in
a Subdivision in the Rural Are � � A None
listed in Sec. 6-30-50 b 2 a
Water Crossin o� Diversion � D A None
• i �
Designation to or Delisting �,P,M ✓ R <D> None
from Historic Re ister
Activity Envelope and Site Plan
Review for Stream Restoration P,M ✓ R <D> 10 years
Pro'ects
Extension/ ,� R D
Reinstatement of Vested Ri hts
GMQS Exemption for None
- -
- ------------- -------- ---------- ------------------ --------- --------- ------- -------- -------------
One Additional Dwelling Uni
on a Property Designated to the N,P,M � R <D> None
_ Historic Register) _ ______
- ---- ---------------- ---------- ------------------ --------- --------- ------- -------- -------------
One Additional Dwelling Uni
on a Property Designated to th
Historic Register Where the
Historic Structure has been or i N,P,M � R <D> None
proposed to be Relocated o
Exemption is proposed to b
Transferred to a Different Parcel
--------------------------------------- -------- ---------- --------- -------- --------- --------- ------- -------- -------------
Change in Use of Histori N,P,M ✓ R <D> None
Structure
--------------------------------------- -------- ---------- --------- -------- --------- --------- ------- -------- -------------
Civic or Institutional Use N,P,M ✓ R <D> None
One Single Family Dwelling on N,P,M ✓ R <D> None
500* Acre Parcel
Historic Incentives for Historic � P,M � R <D> None
Re ister Pro erties
Location and Extent Review N P M ✓ R <D> None
Land Use Code Pitkin County, Colorado
July 2006 Page 30
EXHIBIT B
"Pitkin County Application Manual"
2.2.23 — Location and Extent Review
Review Process and Criteria for Approval: The process for reviewing a request for
location and extent review is described in Section 2-30-10 of the Pitkin County Land Use
Code. Criteria for approval axe described in Section 2-30-30 (h) (10). This process requires
a noticed public hearing. Public notice requirements are described in Section 2-20-100 of
the Pitkin County Land Use Code. Applicants are responsible for mailed and posted notice.
A copy of the affidavit confirming that the required mailed and posted notices have been
performed in accordance with the Land Use Code is included in the Appendix of this
manual.
Application Submission Requirements: In addition to the items required in the General
Application Information Section of this Manual (Section 1), the following information must
be provided. During the pre-application conference, the Community Development Office
staff may authorize modifications to the required submission contents.
Standards Report: A written statement requesting location and Extent review and
addressing the following;
A. Compliance with the applicable County master plan (see the Appendix of this Manual
for an index map and list of the County master plans);
Site Plan: A Site Plan showing existing conditions and the proposed development. This
drawing must also show the footprint of all proposed structures and other improvements.
This drawing must also show any grading or site preparation necessary to accommodate the
type of development contemplated on the property. This shall be a neat, legible drawing
prepared on a twenty-four inch (24") by thirty-six inch (36") format sheet. The drawing
shall show all pertinent dimensions and be clearly labeled. The Site Plan shall contain the
following information:
A. Title identifying type of review and the name of the project or property;
B. Vicinity map at a scale of no smaller than one inch equals two thousand feet (2,000')
and a size of no less than five inch (5") by five inch (5") showing commonly known
landmarks and the relationship of the parcel to proximate roads;
C. Boundaries of the parcel;
D. Legal description of parcel;
E. North directional arrow;
F. Date;
G. Scale: The development area shall be depicted at a scale of not smaller than one inch
equals fifty feet (50');
H. Existing and proposed utility lines and easements;
I. Existing water courses, drainage ways, wetlands or other surface water features, if any;
J. Existing vegetation in the area of the proposed development, including any tree over 6
inches DBH (diameter at breast height} to be removed, and between the development area
and all adjacent roads and public use areas, if any.
K. Topographic information depicting two foot (2") contour intervals within the proposed
development area;
L. Setbacks from property lines;
M. Footprints of all proposed structures including square footage and first floor elevations;
N. Existing and proposed roads, driveways, trails and parking areas.
Michie's Legal Resources
C��,u��� �iSE� S`�ro...��
30-28-110. Regional planning commission approval - required when - recording.
Page 1 of 6
(17 (a) Whenever any county planning commission or, . if there is none, any regional planning
commission has adopted a master �lan of the county or any part thereof, no road, park, or other public
way, grou.nd, or space, no public building or structure, or no public utility, whether publicly or privately
owned, shall be constructed or authorized in the unincorporated territory of the county until and unless
the proposed location and extent thereof has been submitted to and approved by such county or regional
planning commission:
(b) In case of disapproval, the commission shall communicate its reasons to the board of county
commissioners of the county in which the public way, ground, space, building, structure, or utility is
proposed to be located. Such board has the power to overrule such disapproval by a vote of not less than
a majority of its entire membership. Upon such overraling, sa.id board or otlter official in charge of the
proposed construction or authorization may proceed therewitl�.
(c) If the public way, ground, space, building, structure, or utility is one the authorization or financing of
which does not, under the law governing the same, fall within the province of the board of county
commissioners or other county officials or board, the submission to the commission shall be by the body
or official having such jurisdiction, and the commission's disapproval may be overruled by said body by
a vote of not less than a majority of its entire membership or by said official. �in the case of a utility
owned by an entity other than a political subdivision, the submission to the commission shall be by the
utility and shall not be by the public utilities commission; however, the commission's disapproval may
be overruled by the public utilities coznmission by a vote of not less than a majority of its entire
membership.
(d) The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment,
change of use, or sale or lease of or acquisition of land for any road, park, or other public way, ground,
place, property, or structure shall be subject to similar submission and approval, and the failure to
approve may be similarly overruled.
(e) The failure of the commission to act within thirty days after the date of official submission to it shall
be deezned approva.l, unless a longer period is granted by the submitting board, body, or official. ._
(2) (a) In any geographic area of common planning jurisdiction, which area consists of part or all of
several counties for which a regional plan has been duly adopted, the district, county, or municipal
planning commission shall refer to the regional planning commission for review any proposed new or
changed land use plan, zoning amendments, subdivision proposals, housing codes, sign codes, urban
renewal projects, proposed public facilities, ar other planning functions which clearly affect another
local governmental unit, or which affect the region as a whoIe, or which are the subject of primary
responsibility of the regional planning commission.
(b) In any geographic area of common planning jurisdiction whzch involves part or all of only one
county for which a regional plan has been duly adapted, the district, county, or municipal planning
commission shall refer to the regional planzung commission for review any proposed new or changed
Iand use plan, zoning amendments, subdivision proposals, housing codes, sign codes, urban renewal
projects, proposed public facilities, or other planning functions which clearly affect another local
governmental unit, or which af£ect the region as a whole, or which are the subject of primary
responsibility of the regional planning commission.
http://www.michie.com/colorado/lpext.dll/cocode/2/4f717/51609/5160b/5165c/51729?f=te... 1/11 /2010