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Home My WebLink Aboutbocc.ord.011.1999ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO REZONING OF THE WILDCAT AFFORDABLE HOUSING PARCEL FROM THE AH ZONE DISTRICT TO THE RS-20 PUD ZONE DISTRICT ORDINANCE #99- 1 1 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 35 acre parcel and is owned by Pitkin County. The property is located West of Highway 82 at Wildcat Way and is more particularly described in Attachment "A" hereto (the "Wildcat Affordable Housing Parcel"). C. The Wildcat Affordable Housing Parcel was deeded by special warranty deed to Pitkin County on April 29, 1991 (Book 648, Page 976). II. ZONING AND LAND USE HISTORY A. In 1987, Pitkin County adopted the Down Valley Comprehensive Plan ("DVCP"). The DVCP designated the Wildcat Affordable Housing Parcel for rural densities and/or agricultural/wildlife/reserve land. B. By Resolution No. 90-37, the BOCC granted general submission and rezoning approval to the Wildcat property, rezoning the affordable housing parcel now owned by Pitkin County to the PMH zone. By Resolution No. 91-39, final plat approval was granted. 111111111111BIM 1111111111111N1111111111111111111111 429207 03/26/1999 02:14P ORDINANC DAVIS SILVI 1 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Ordinance #99- )1 Page 2 C. 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. D. 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. The Wildcat Affordable Housing Parcel was not listed as a potential affordable housing site in the AACP. E. 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. F. On March 3, 1998, by Resolution No. PZ-98-3, the Pitkin County Planning & Zoning Commission adopted amendments to the Down Valley 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 Wildcat Affordable Housing Parcel. G. 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. H. In connection with a motion to approve BOCC Resolution No. 98-245, relating to another parcel of land, the BOCC directed the Community Development Department to create appropriate zoning for 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. I. 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 either side of the Highway 82 Corridor and 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." 111111111111111111111111111111111111111 III 11111411111111 22of08 R30.001D90.00 N40.00DPITKIN COUNTYCO Ordinance #99- J Page 3 J. 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. K. 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 determined that the Wildcat Affordable Housing Parcel was inappropriately zoned AH. L. The Planning & Zoning Commission made its recommendation to the BOCC on March 2, 1999. III. JUSTIFICATION FOR REZONING A. The BOCC finds that the rezoning of the Wildcat Affordable Housing 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; 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 111111111111111111111111111111111111111 III 111111111 I11I 429207 03/20/1999 02 14P ORDINANC DAVIS SILVI 3 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Ordinance #99- it Page 4 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 Wildcat Affordable Housing Parcel and the surrounding neighborhood which support the rezoning from the AH zone district to the RS-20 PUD zone district: a. Subsequent to the zoning of the Wildcat Affordable Housing Parcel to the AH zone district, the AH zoning on the Wildcat Affordable Housing Parcel became inconsistent with County masters plans (the Citizen Housing Plan, the AACP and the DVCP); b. In November of 1998, the BOCC enacted a moratorium on privately - initiated rezonings and code amendments in the area surrounding and including the Wildcat Affordable Housing Parcel in part to allow for the amendment of the affordable housing zone districts; and c. 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 Wildcat Affordable Housing Parcel inappropriate. 9. The rezoning of the Wildcat Affordable Housing 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. B. The existing AH zoning on the Wildcat Affordable Housing 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 Wildcat Affordable Housing 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. IIIIII IIIII IIIIII 1111 IIIII 1111111 11111III 11111 IIII IIII 429207 03/28/1999 02 14P ORDINANC DAVIS SILVI 4 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Ordinance #99- 1 Page 5 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 Wildcat Affordable Housing 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 Wildcat Affordable Housing 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 Wildcat Affordable Housing 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 Wildcat Affordable Housing 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 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. C. The rezoning of the Wildcat Affordable Housing 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 Wildcat Affordable Housing Parcel. E. The rezoning to the RS-20 PUD zone district will provide the Wildcat Affordable Housing Parcel with an economically viable, beneficial and productive use. I NM 111111111111111111111111111111111111111111111111 429207 03/26/1999 02 14P ORDINANC DAVIS SILVI 5 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Ordinance #99- 1 I Page 6 IV. Emergency Rezoning A. There is an emergency that warrants the immediate rezoning of the Wildcat Affordable Housing Parcel, to wit: 1. Conditions have changed substantially since the AH zoning of the Wildcat Affordable Housing Parcel; 2. Development under the AH zone district would result in inappropriate development of the Wildcat Affordable Housing 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; 3. Changing conditions and development pressures place the Wildcat Affordable Housing Parcel at immediate risk for inappropriate, uncoordinated and unplanned development; and 4. 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 Wildcat Affordable Housing 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. NOW THEREFORE, be it ordained by the Board of County Commissioners of Pitkin County, Colorado, that it does hereby rezone the Wildcat Affordable Housing 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. 111111 IIIII IIIIII 1111 IIIII 111111111111 III 1111111111111 429207 03/26/1999 02 14P ORDINRNC DAVIS SILVI 6 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Ordinance #99- (4 Page 7 INTRODUCED, FIRST READ ON THE 101h 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 261h 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: John M. Ely, County Attorney BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO 4 - a4t LLeslie4 eet, ChaiP/as/„ Patina FiAGAN. Date: 0 f 1111111 "III 1111 11111 11111III 111111111111 429207 03/28/1999 02 14P ORDINANC DAVIS SILVI 7 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 0 : 99-// EXHIBIT "A" WILDCAT AFFORDABLE HOUSING PARCEL OWNED BY PITKIN COUNTY A tract of land situate in Section 8, Township 9 South, Range 85 West of the 6th P.M., being more particularly described as follows: Beginning at a point whence the SE corner of said Section 8 bears S 61°30'59" E 1738.77 feet; thence S 70°08'00" W 375.59 feet; thence N 31°08'10" W 941.69 feet; thence S 70°10'35" W 561.03 feet; thence S 24°34'54" W 373.44 feet; thence S 63°25'22" W 573.97 feet; thence N 32°02'17" W 327.79 feet; thence N 09°25'23" E 354.98 feet; thence N 59°44'29" E 276.50 feet; thence N 20°21'21" W 369.31 feet to the southerly right-of-way line of a road as built and in place; thence along said right-of-way line the following courses: 55.52 feet along the arc of a 320.00 foot radius curve to the right having a central angle of 09°56'26" and subtending a chord bearing N 82°07'22" E 55.45 feet; thence N 87°05'35" E 112.07 feet; thence 124.71 feet along the arc of an 830.00 foot radius curve to the left having a central angel of 08°36'32" and subtending a chord bearing N 82°47' 19" E 124.59 feet; thence N 78°29'03" E 251.90 feet; thence 91.58 feet along the arc of a 340.00 foot radius curve to the right having a central angle of 15°25'58" and subtending a chord bearing N 86°12'02" E 91.30 feet; thence S 86°04'59" E 105.79 feet; thence 112.86 feet along the arc of a 245.00 foot radius curve to the left having a central angle of 26°23'36" and subtending a chord bearing N 80°43' 13" E 111.86 feet; thence N 67°31'25" E 349.86 feet; thence 190.74 feet along the arc of a 345.00 foot radius curve to the left having a central angle of 31°40'36" and subtending a chord bearing N 51 °41'07" E 188.32 feet; thence N 35°50'49" E 141.88 feet; thence 48.50 feet along the arc of a 55.00 foot radius curve to the right having a central angle of 50°31'32" and subtending a chord bearing N 61°06'35" E 46.94 feet; thence N 86°22'21" E 9.78 feet; thence leaving said right-of-way line S 21 °41' 17" E 1603.79 feet to the point of beginning, containing 38.160 acres more or less. 111/101/11101114111111111111 lllii III liillDINANC DAVIS SILVI 8 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO