HomeMy WebLinkAboutbocc.ord.010.1999ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
REZONING OF AN APPROXIMATELY 112 ACRES OF THE W/J RANCH
LOCATED ON MCLAIN FLATS ROAD FROM THE AH ZONE DISTRICT TO
THE RS-20 PUD ZONE DISTRICT
ORDINANCE #99- /0
RECITALS
WHEREAS, the Board of County Commissioners of Pitkin County, Colorado
("BOCC") makes the following findings after consideration of the evidence and
testimony presented at a public meeting on March 10, 1999 and public hearing on March
26, 1999:
I. INTRODUCTION AND PROPERTY DESCRIPTION
A. This is a County -initiated rezoning action submitted by the Community
Development Department changing the zoning on a parcel of land from the Affordable
Housing zone district ("AH"), section 3-40-070 of the Pitkin County Land Use Code, to
the RS-20 Planned Unit Development (PUD) Resource zone district ("RS-20 PUD"),
section 3-40-110 of the Pitkin County Land Use Code.
B. The property proposed for rezoning is an approximately 112 acre parcel
and is owned by W/J Ranch, Inc. and/or Pitkin County Affordable Housing, Inc. The
property is located on McLain Flats Road and is more particularly described in
Attachment "A" hereto (the "W/J Rezoning Parcel").
C. The W/J Rezoning Parcel is associated with and its acreage comprises part
of an approximately 234 acre ranch known as the W/J Ranch.
II. ZONING AND LAND USE HISTORY
A. In 1987, Pitkin County adopted the Down Valley Comprehensive Plan
("DVCP"). The DVCP designated the W/J Ranch for rural densities and/or
agricultural/wildlife/reserve land.
B. In 1989, pursuant to Resolution No. 89-97, the BOCC granted approval of
a W/J Ranch application for general submission, 1041 wildlife hazard review, scenic
foreground special review and rezoning from RS-20 to PMH for twenty-seven (27) deed
restricted single-family homes (the "1989 Approval").
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C. The 1989 Approval contained a number of conditions of approval,
including the following limitations on the developability of the undeveloped portion of
the W/J Ranch:
1. Paragraph 2 of the conditions stated that "... the proposed rezoning
configuration shall create a conforming parcel which leaves the RS-20
portion of the parcel with no additional development potential."
2. Paragraph 21 of the conditions stated that "[a]n area designated for wildlife
on the lower bench and along the river corridor shall be shown as a special
management area on the plat submitted at detailed submission."
3. Paragraph 24 stated that "[n]o further development shall occur in the
proposed PMH zone, with the exception of a possible day care center, without
review pursuant to all applicable requirements of the Pitkin County Land Use
Code including, but not limited to, the following findings:
[1] [t]he proposal meets the intent of the PMH zone district;
[2] the proposal is found to be consistent with the Down Valley
Comprehensive Plan for the Woody Creek area;
[3] the proposal is consistent with densities envisioned for the Woody
Creek area and is approved in a master plan for the entire parcel;
[4] the proposal complies with all scenic policies and guidelines of the
Land Use Code;
[5] the proposal does not cause unmitigated environmental impacts;
[6] the proposal does not create unmitigated traffic impacts."
D. By Resolution Nos. 90-46 and 90-66, the BOCC granted detailed
submission approval and final plat approval to the W/J Ranch. The effect of the approval
was to legalize the existing twenty-seven (27) employee units on the W/J Ranch. A
portion of the W/J Ranch was also rezoned to PMH and the remainder retained the RS-20
PUD zone designation.
E. By Resolution No. 93-2, the Pitkin County Planning & Zoning
Commission adopted the Aspen Area Community Plan ("AACP") which was endorsed
by the BOCC by Resolution No. 93-15.
F. The AACP identified a housing shortfall that called for the creation of
approximately 450 new deed restricted employee housing units within the Aspen Metro
Area and 200 units outside of the metro area upvalley of Aspen Village. W/J Ranch is
within the Extended Metro Area identified by the AACP. W/J Ranch was not listed as a
potential affordable housing site in the AACP.
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G. In 1994, by Resolution No. 94-200, the BOCC granted approval of a major
plat amendment, fully developed lands subdivision exemption and PUD for the W/J
Ranch. The effect was to create sixty-two (62) deed restricted lots and 1 lot containing
the remainder of the W/J Ranch property. Excluding the area still zoned RS-20 PUD, the
single lot now makes up the W/J Rezoning Parcel.
H. In 1995, by Resolution No. 95-125, the BOCC granted approval of a
minor plat amendment to the subdivision exemption for fully developed lands and a PUD
for the W/J Ranch. The approval resulted in the reconfiguration of some of the lots.
I. In 1996, by Declaration No. 96-1, the BOCC declared that it would
"initiate a master planning process concerning the W/J Ranch and surrounding
community to determine what number and type of deed restricted housing is appropriate
for development on the Ranch. This determination will be based upon analysis and
discussion of such issues as compatibility with surrounding land uses; establishment of
appropriate buffer zones between residential and other legally established uses in the
community, and broader community housing needs, environmental, and growth goals and
policies."
J. Declaration 96-1 further made it clear that it was the BOCC's intention to
rezone the W/J Ranch: "Following the master planning effort, the Board intends to
establish zoning which would prohibit any development other than that which is
consistent with the resulting master plan ... [tNhe Board of County Commissioners will
initiate the Master Plan and rezoning of W/J Ranch as soon as possible, and in
conjunction with the Woody Creek Caucus Master Plan process recently initiated."
K. In 1996, W/J Ranch, Inc. extended a proposal for Pitkin County to
purchase a portion of W/J Ranch for employee housing purposes.
L. By Resolution No. 96-210, the BOCC declined to pursue contract
negotiations stating that: "The Board recognizes that until a Master Plan for the W/J
Ranch is adopted that further development on the W/J Ranch is inappropriate and
inconsistent with sound planning principals [sic] ... The Board finds that the terms and
conditions of its Resolution #89-97 requires any further development of the Ranch to be
consistent with the Down Valley Comprehensive plan or other applicable master
planning efforts."
M. In 1997, the Planning & Zoning Commission undertook a master planning
effort which resulted in the formulation of philosophies and criteria to guide the location
and type of affordable housing development. Ultimately, these philosophies and criteria
were embodied in a document which became known as the Citizen Housing Plan.
N. On March 3, 1998, by Resolution No. PZ-98-3, the Pitkin County
Planning & Zoning Commission adopted amendments to the Down Valley
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Comprehensive Plan ("DVCP"). The amendments were entitled the Citizen Housing
Plan which included a new set of philosophies and criteria to govern the evaluation of
potential affordable housing development sites and site -specific development proposals.
The DVCP and the Citizen Housing Plan amendments thereto included within their
planning area the W/J Ranch.
O. On May 12, 1998, in connection with a development application seeking
development approvals for 778 units on a portion of the W/J Ranch, the Community
Development Department recommended that the W/J Rezoning Parcel be rezoned from
the AH zone district to the RS-20 PUD zone district with consideration of an overlay
zone that would allow some affordable housing at appropriate densities considering the
rural character of the area.
P. On June 24, 1998, by Resolution No. PZ-98-11, the Pitkin County and
Aspen Planning & Zoning Commissions enacted in a substantially identical form the
Citizen Housing Plan as an amendment to the AACP. The AACP and the Citizen
Housing Plan amendments thereto included within their planning area the W/J Ranch as it
is within the Extended Metro Area.
Q. On September 29, 1998, the BOCC approved on second reading
Resolution No. 98-245 which found that a development proposal on the W/J Ranch for
778 affordable housing units under the AH zone district did not meet the applicable
criteria and standards established in adopted County Master Plans and Comprehensive
Plans, the County Land Use Code Standards and the County Land Use Policies.
R. The motion to approve BOCC Resolution No. 98-245, included, among
other matters, the following direction to the Community Development Department:
1. A direction that the Community Development Department create
appropriate zoning not for just the W/J Ranch, but all of the areas
outside of the Metro Area defined in the AACP that could potentially
be considered for affordable housing, including criteria relating to
transit orientation, environmental impacts, wildlife hazards, open
space, neighborhood compatibility, compatibility with existing master
plans, infrastructure requirements, fiscal impacts and noise and safety
impacts from the airport.
2. A direction that the Community Development Department investigate
the issue of whether the W/J Ranch was precluded from future
development because it was approved as a fully developed PUD.
S. On November 16, 1998, by Ordinance No. 98-55, the BOCC enacted a
moratorium on privately -initiated rezonings and code amendments along the half -mile
radius in unincorporated Pitkin County along ether s'de of the Highway 82 Corridor and
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along either side of the Rio Grande Right of Way from the City of Aspen limits north to
the Eagle County line (in the moratorium this area was called the "Transportation
Corridors"). The Ordinance adopting the moratorium listed several ongoing planning
efforts including the revision of "all of the affordable housing zoning districts."
T. Pursuant to the BOCC's direction, the Community Development
Department began examining the zoning maps of Pitkin County and preparing
amendments to the affordable housing zone districts of the Pitkin County Land Use Code
to bring them into compliance with prevailing land use policy and adopted master plans.
U. On February 9, 1999 and March 2, 1999, the Community Development
Department presented to the Pitkin County & Zoning Commission several Code
amendments affecting the affordable housing zone districts along with an entirely new
zone district called the Rural Cluster Affordable Housing Overlay Planned Unit
Development district ("RC AHO/PUD"). In connection with its Code amendments, the
Community Development Department reviewed the zoning maps of Pitkin County and
again determined that the W/J Ranch was inappropriately zoned AH.
V. The Planning & Zoning Commission made its recommendation to the
BOCC on March 2, 1999.
W. The Community Development Department is continuing to investigate the
issue of whether the W/J Ranch was approved as a PUD and that further development
was precluded by virtue of the original reviews. Assuming that the W/J Ranch was a
PUD and was fully developed pursuant to its approvals, by rezoning to the RS-20 PUD
zone district, the W/J Rezoning Parcel will be allowed the potential of development
where none is currently allowed.
III. JUSTIFICATION FOR REZONING
A. The BOCC finds that the rezoning of the W/J Rezoning Parcel comports
with the Pitkin County Land Use Code, section 3-220-020, Rezoning:
1. The development resulting from the rezoning from the AH zone district to
the RS-20 PUD zone district will not conflict with any applicable sections of the Land
Use Code;
2. The rezoning from the AH zone district to the RS-20 PUD zone district is
consistent with Pitkin County master plans;
3. The rezoning from the AH zone district to the RS-20 PUD zone district is
compatible with surrounding Zone Districts and land uses, considering existing land use
and neighborhood characteristics;
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4. The rezoning from the AH zone district to the RS-20 PUD zone district
will not result in demands on public facilities, and will not exceed the capacity of such
public facilities, including, but not limited to, transportation facilities, sewage facilities,
water supply, parks, drainage, schools, and emergency medical facilities;
5. The rezoning from the AH zone district to the RS-20 PUD zone district
will not result in significant adverse impacts on the natural environment;
6. The rezoning from the AH zone district to the RS-20 PUD zone district is
consistent and compatible with the community character; and
7. The rezoning from the AH zone district to the RS-20 PUD zone district is
not in conflict with the public interest.
8. There have been changed conditions affecting the W/J Rezoning Parcel
and the surrounding neighborhood which support the rezoning from the AH zone district
to the RS-20 PUD zone district:
a. As set forth in section II herein, master planning and/or rezoning of the
W/J Rezoning Parcel was contemplated by the BOCC since the initial
1989 approval;
b. Subsequent to the zoning of the W/J Ranch to the AH zone district, the
AH zoning on the W/J Rezoning Parcel became inconsistent with County
masters plans (the Citizen Housing Plan, the AACP and the DVCP);
c. In November of 1998, the BOCC enacted a moratorium on privately -
initiated rezonings and code amendments in the area surrounding and
including the W/J Rezoning Parcel in part to allow for the amendment of
the affordable housing zone districts;
d. The Community Development Department has prepared amendments to
the Pitkin County Land Use Code relating to the affordable housing zone
districts which make the AH zone designation of the W/J Rezoning Parcel
inappropriate; and
e. The community has had the benefit of reviewing and rejecting a site -
specific development plan for the W/J Rezoning Parcel with a proposed
778 units under the AH zone district which demonstrated the
inappropriateness of the AH zoning.
9. The rezoning of the W/J Rezoning Parcel from the AH zone district to the
RS-20 PUD zone will not result in significant traffic generation, nor will it impact
road safety. In fact, such rezoning will reduce the potential traffic generation and
potential road safety issues as compared to development under the RS-20 PUD
zone.
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B. The existing AH zoning on the W/J Rezoning Parcel is inconsistent with County
master plans, whereas the RS-20 PUD zone district is consistent with such plans:
1. The DVCP did not contemplate, nor does it support, medium to high density
development on the W/J Rezoning Parcel. AH zoning creates a possibility of
development with densities entirely too high to be supported by the DVCP.
Further, the goals and objectives of the DVCP were to discourage high
densities in non -urban areas, and generally would not support the type of
sprawl development that would occur with development pursuant to the AH
zone district in these rural to semi -rural areas. RS-20 PUD zoning is
compatible with the rural densities envisioned by the DVCP.
2. The Woody Creek Caucus Master Plan ("WCCMP") recommends that "no
additional high density or high rate housing developments be permitted" in
Woody Creek. The AH zoning in Woody Creek is incompatible with the
WCCMP whereas the RS-20 PUD zoning is compatible with the WCCMP.
3. The AACP called for the development of small scale, dispersed affordable
housing projects and only 200 units to be built between Brush Creek Road and
Aspen Village. The potential densities of the AH zone on the W/J Rezoning
Parcel are incompatible with the AACP. RS-20 PUD zoning is compatible
with the AACP's vision of higher density development occurring within the
metro area.
4. The Citizen Housing Plan also does not support AH zoning on the W/J
Rezoning Parcel. The Citizen Housing Plan creates a preference for
affordable housing within the metro areas and employment centers and
adjacent, available public mass transit. The W/J Rezoning Parcel does not
meet either of these criteria. The Citizen Housing Plan also contains the
philosophy and criteria that affordable housing only be permitted in locations
where the development of such housing is containable and will not promote
additional development or sprawl. Development pursuant to the AH zoning on
the W/J Rezoning Parcel would lead to uncontainable development and
promote sprawl. AH development would, in fact, be sprawl itself. AH
development would also be violative of the philosophies regarding: the
logical provision of public facilities and urban services; the prevention of
affordable housing development where it would fundamentally change the
character of the neighborhood or area; the development should not be auto -
dependent; the visible compatibility of such development; the optimal density
of the sites given their location and carrying capacity; and the fiscal impact of
such development where other sites closer to Aspen would result in a far
lesser impact.
5. The rezoning to RS-20 PUD is also compatible with the surrounding zone
districts and land uses, considering existing land uses and neighborhood
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characteristics. There will actually be a reduction in the demand on public
facilities as compared to the demand for public facilities with development at
potential densities under the AH zone. The rezoning will also not result in
significant adverse impacts to the natural environment, will be consistent and
compatible with the community character and will not conflict with the public
interest.
6. The W/J Rezoning Parcel is surrounded by land that is zoned RS-20 PUD.
C. The rezoning of the W/J Rezoning Parcel will substantially advance
legitimate government purposes as set forth herein.
D. There is no vested right, neither common law nor statutory, to the
continuation of the AH zone district designation of the W/J Rezoning Parcel.
E. The rezoning to the RS-20 PUD zone district will provide the W/J
Rezoning Parcel with an economically viable, beneficial and productive use.
IV. Emergency Rezoning
A. There is an emergency that warrants the immediate rezoning of the W/J
Rezoning Parcel, to wit:
1. Conditions have changed substantially since the AH zoning of the W/J
Rezoning Parcel;
2. The BOCC has directed that the W/J Rezoning Parcel be master
planned and/or rezoned on numerous occasions;
3. Development under the AH zone district would result in inappropriate
development of the W/J Rezoning Parcel considering the potential
density of the development, the character of the area, the unavailability
of public facilities and urban services to serve any development, and
the surrounding neighborhood;
4. Changing conditions and development pressures place the W/J
Rezoning Parcel at immediate risk for inappropriate, uncoordinated
and unplanned development; and
5. Development under the existing AH zoning would violate Pitkin
County master plans, land use policies and regulations. An immediate
rezoning is necessary to eliminate the threat of such inappropriate
development.
B. The rezoning of the W/J Rezoning Parcel to RS-20 PUD is necessary for
the immediate preservation and protection of the public health, safety and welfare of the
citizens of Pitkin County.
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NOW THEREFORE, be it ordained by the Board of County Commissioners of
Pitkin County, Colorado, that it does hereby rezone the W/J Rezoning Parcel (as
described in Attachment "A") from the AH zone district (section 3-40-70, Pitkin County
Land Use Code) to the RS-20 PUD zone district (section 3-40-110, Pitkin County Land
Use Code) subject to the following provisions:
1. The Board of County Commissioners incorporates the above recitals as the
justification for this Ordinance and rezoning.
2. This Ordinance and rezoning is effective immediately upon final 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 in this Ordinance.
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INTRODUCED, FIRST READ ON THE 10th DAY OF MARCH, 1999, AND
SET FOR SECOND READING AND PUBLIC HEARING ON THE 26th DAY OF
MARCH, 1999.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND
EDITION OF THE ASPEN TIMES ON MARCH 6,1999.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON
THE 26th DAY OF MARCH, 1999.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON APRIL 3,1999.
THIS ORDINANCE SHALL BE EFFECTIVE UPON ADOPTION,
MARCH 26, 1999, AS AN EMERGENCY ORDINANCE ENACTED PURSUANT
TO C.R.S. § 30-15-405.
ATTEST:
ndee R. Dean
eputy County Clerk
APPROVED AS TO FORM:
aJ, �
John M. Ely,
County Attorney
BOARD OF COUNTY
COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Leslie -Lament, Chair rwn JAbA9
Doge twin" P'Mp 's
Date: 3
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EXHIBIT "A"
Description of Approximately 112 Acre Parcel of Land Located on McLain Flats Rd.,
Pitkin County, Colorado
Owned by W/JRanch, Inc. and/or Pitkin County Affordable Housing, Inc.
A tract of land situated in Sections 21 and 22, Township 9 South, Range 85 West of the
6th Principal Meridian, being more particularly described as follows:
Beginning at the northeast corner of said Section 21;
thence S01°07'05"E 1341.44 feet to the southwesterly corner of Government Lot 22;
thence S01°07'05"E 681.47 feet;
thence N89°52'46"E 624.31 feet;
thence N88°07'47"E 101.14 feet;
thence S81°17'14"E 129.56 feet;
thence S75°48'13"E 107.55 feet;
thence S58°52' 14"E 280.51 feet;
thence S32°58'14"E 132.28 feet;
thence S26°42' 14"E 206.15 feet;
thence S06°21' 14"E 203.01 feet;
thence S58°41'14"E 720.55 feet;
thence S70°25'20"E 893.56 feet;
thence S89°56' 14"E 517.69 feet;
thence S00°39'02"E 1176.87 feet;
thence S88°46'00"E 688.84 feet;
thence S17°42'00"W 52.30 feet;
thence S08°40'00"E 148.36 feet;
thence N89°12'56"W 1377.32 feet;
thence N89°12'56"W 1203.53 feet;
thence S00°25'41"E 184.57 feet;
thence N89°51'25"W 2037.49 feet to the current centerline of the Roaring Fork River;
thence N10°45'16"E 173.91 feet along said centerline;
thence N01°06'56"W 105.53 feet along said centerline;
thence N27°01'58"W 277.68 feet along said centerline;
thence N18°08'47"W 188.87 feet along said centerline;
thence N12°53'56"E 168.88 feet along said centerline;
thence N28°11'34"E 192.82 feet along said centerline;
thence leaving said centerline S61°16'05"E 358.58 feet;
thence N64°58'55"E 350.00 feet;
thence N00°01'05"W 550.00 feet;
thence S88°29'39"W 270.00 feet;
thence NO2°54'08"W 131.78 feet;
thence NO2°08'52"E 250.00 feet;
thence N51°41'09"E 85.64 feet;
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D : 99-10
thence NO3°37' 14"W 338.23 feet to a point on the northerly right-of-way line of McLain
Flats Road;
thence 100.74 feet along said right-of-way line along the arc of a 210.00 foot radius curve
to the left having a subtending chord bearing N68°00'09"W 99.78 feet;
thence N81°44'47"W 93.75 feet along said right-of-way line;
thence 157.90 feet along said right-of-way line along the arc of a 140.00 foot radius curve
to the right having a subtending chord bearing N49°26'12"W 149.66 feet;
thence N17°07'38"W 182.45 feet along said right-of-way line;
thence 258.26 feet along said right-of-way line along the arc of a 1030.00 foot radius
curve to the left having a subtending chord bearing N24°18'36"W 257.58 feet;
thence N31°29'35"W 51.26 feet along said right-of-way line;
thence 166.28 feet along said right-of-way line along the arc of a 148.00 foot radius curve
to the left having a subtending chord bearing N63°40'42"W 157.67 feet;
thence S84°08' 11"W 36.14 feet along said right-of-way line;
thence 139.50 feet along said right-of-way line along the arc of a 85.00 foot radius curve
to the right having a subtending chord bearing N48°50'54"W 124.36 feet;
thence N01°50'00"W 127.35 feet along said right-of-way line;
thence 174.05 feet along said right-of-way line along the arc of a 410.00 foot radius curve
to the left having a subtending chord bearing N13°59'41"W 172.75 feet;
thence N25°09'22"W 52.88 feet along said right-of-way line;
thence 311.45 feet along said right-of-way line along the arc of a 260.00 foot radius curve
to the left having a subtending chord bearing N60°28'22"W 293.16;
thence S85°12'37"W 31.46 feet along said right-of-way line to the current centerline of
the Roaring Fork River;
thence NO2°25'00"W 154.46 feet along said centerline;
thence N06°17'00"W 54.36 feet along said centerline;
thence N10°38'00"W 97.42 feet along said centerline;
thence N32°43'00"W 192.54 feet along said centerline;
thence leaving said centerline N01 °07'05"W 859.71 feet to the northerly line of Section
21;
thence N88°57'23"E 1387.98 feet along said section line to the point of beginning.
EXCEPTING from the above description those parcels described below:
1) filing 1, W/J Ranch Homes as recorded at Book 36 Page 54 in the Pitkin County
Records;
2) filing 2, W/J Ranch Homes as recorded at Book 38 Page 65 in the Pitkin County
Records;
3) block 1, filing 3, W/J Ranch Homes as recorded at Book 38 Page 51 in the Pitkin
County Records;
4) block 2, filing 3, W/J Ranch Homes as recorded at Book 38 Page 19 in the Pitkin
County Records;
5) a tract of land situated in the NE1/4 of Section 21, Township 9 South, Range 85 West
of the 6th Principal Meridian, more particularly described as follows:
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Beginning at a point on the southerly line of the Lower Bullwinkle Circle right-of-way
whence the E1/4 corner of Section 21 bears S01°54'52"W 163.04 feet; thence
N74°37'20"W 108.30 feet to the northerly line of a 60-foot Pitkin County right-of-way;
thence N21°37'35"W 154.43 feet along said 60-foot right-of-way; thence leaving said 60-
foot right-of-way N71 °37' 17"E 169.96 feet to the Lower Bullwinkle Circle right-of-way;
thence SOO°00'39"E 225.87 feet along said Lower Bullwinkle Circle right-of-way to the
point of beginning; and
6) any acreage owned by W/J Ranch, Inc. and/or Pitkin County Affordable Housing, Inc.
zoned RS-20 as depicted on the Pitkin County zoning map.
The property as described above contains approximately 112 acres more or less.
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