HomeMy WebLinkAboutBOCC Packet 01092013 LUC AmendmentsMEMORANDUM
TO: Pitkin County Board of County Commissioners (BOCC)
FROM: Mike Kraemer, planner NA -
THROUGH: Cindy Houb ommunity evelopment Director
RE: Special Events and Other Land Use Code Amendments, 1 si Reading and Public Hearing
DATE: January 9t, 2013
SUMMARY OF REQUEST EST and BACKGROUND: At the direction of the BOCC, Staff is initiating a
number of Land Use Code Amendments. The first of these amendments is for the exemption of certain
shall, less impactful photo/film productions from the formal Special Event application process. The
purpose of these amendments will be to reduce workload on Staff and the Special Events Committee and to
expedite the review and processing of small, less impactful special event applications.
Pitkin County regulates and permits Special Events/Temporary Commercial Uses in the County. The
Community Development Department is responsible for this process and issues permits in the form of an
Administrative Decision. Pursuant to the Code, all Special Events/Temporary Commercial Uses are
handled administratively unless the Community Development Director refers the application to the
BOCC. This has occurred in the past for large events such as the Winter X Games and the Pro Cycling
Challenge.
Special Events have seemingly become a large portion of the economy in the area. They have also,
however, become increasingly challenging to Staff due to their volume and complexities. At a work
session on April 19th, 2012, the BOCC was briefed on Special Events in Pitkin County and provided
information on the current approval process, both positive and negative impacts, and future practices of
the County to facilitate events. It was acknowledged that Special Events can play a significant role in the
local economy and that future County practices need to reflect support for some events. The BOCC
directed Staff to analyze and bring forward an exemption process for less impactful photo/film
productions.
Additionally, other amendments will involve small "cleanup" items within the Land Use Code that are
important to processing land use applications but are relatively simple to understand and change
concurrently with the Special Event Amendment. These proposed amendments include: prohibiting
helicopters for filming Special Events, defining a "grocery store", creating a BOCC review for expanding
floor area to a legal non -conforming structure, creating an appeal process for Hearing Officer TDR
Decisions, and acknowledging a 5,750 square foot GMQS exemption for Mcadowood Subdivision.
On November 6th, the Planning and Zoning Commission (P&Z) heard Staffs proposed amendments. The
P&Z recommended approval of the amendments to the BOCC on a 3-0 vote. The proposed ordinance
can be viewed as `Attachment A", the Staff P&Z memo can be viewed as "Attachment B", and minutes
from the meeting can be viewed as "Attachment ",
0 Z6
CODE AMENDMENT RECOMMENDATION: Staff recommends that the BOCC adopt a motion to
approve the Land Use Code Amendments at 1st Reading subject to the draft Ordinance and set second
reading for January 3 , 2013.
ATTACHMENTS:
A. Draft Ordinance
B. Staff P&Z memo from November 6th, 2012
C. P&Z minutes — November 6th, 2012
47-1-4 dro 4
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MEIN COUNTY,
COLORADO, AMENDING TITLE 8 OF THE PITICIN COUNTY CODE, SPECIFICALLY
THE 2006 LAND USE CODE -F R SPECIAL EVENTS 1 S I) OTHER VARIOUS
1E 1AM MEN1S
Ordinance No. - 2013
RECITALS
1. Pitkin County Community Development Staff has initiated Land Use Code Amendments to
amend the Pitkin County Land Use Code (PLUG) in effort to more effectively address
development in the County. Amendments will be made to following chapters and sections:
Chapter ;
EXHIBIT A — Section 2-30-10: Review and Approval Procedures Summary Table
Chapter 4:
EXHIBIT B - Section 4-30-50(i): Temporary Commercial Use/ Special Event
Chapter 5:
EXHIBIT C — Table 5-1.B — Note 9
Chapter 6:
EXH[BIT D -Section 6-30-1 00(b)(3): Growth Management Exemption
Chapter 9:
EXHIBIT E — Section 9-50-20(c): Restoration, Repair, Reconstruction, Replacement, Remodel,
and Additions, to Legal Non -Conforming Structures
Chapter 11:
EXHIBIT F — Add definition of a Grocery Store
2. The Planning and Zoning Commission reviewed the proposed amendments at a regularly
scheduled meeting on November 6th, 2012. The Commission voted 3-0 to recommend approval
to the BOCC in favor of the proposed code amendments with some minor changes.
3. The BOCC reviewed the proposed amendments at 14 Reading at a duly noticed public hearing on
January 9, 2013 and at a duly noticed public meeting on January 3'd, 2013. Evidence and
testimony were presented with respect to this application.
4. The BOCC finds that these Code Amendments are consistent with Pitkin County's goals and
policies regarding land use and development in the County.
5. The BOCC further finds that the amendments to the Code are consistent with County
Comprehensive Plans and in compliance with Section 2-40-10 of the Land Use Code.
uUU:j3
Ordinance No.
Page 2of11
- 2012
NOW, THEREFORE, BE IT ORDAINED by the Pitkin County Board of County
Commissioners that it hereby amends the above -referenced Sections of the 2006 Pitkin County Land Use
Code, as set forth in Exhibits A through E as underlined.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE
PUBLISHED IN THE ASPEN TIMES WEEKLY ON , 2012.
NOTICE OF PUBLIC REARING AND TEE FULL TEXT OF THE ORDINANCE POSTED ON
THE OFFICIAL PITS COUNTY WEBSITE (www.aspenpitkin.com ) ON THE DAY
OF 2012.
INTRODUCED ED ON FIRST READING AT A PUBLIC HEARING on the 9th day of January, 2013,
APPROVED AND ADOPTED ON SECOND READING AT A PUBLIC MEETING on the 23ra day
of January, 2013
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the day of 2013.
ATTEST: BOARD OF COUNTY COMMISSIONIERS
OF PITKIN COUNTY, COLORADO
Jeanette Jones
Deputy Clerk
APPROVED AS TO FORM:
John Ely,
County Attorney
Michael Owsley,
Chairman
Date:
APPROVED AS TO CONTENT:
Cindy Houben,
Community Development Director
0 u 0 3 4
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Ordinance No.
Page 6 of 11
EXHIBIT B
Section 4-30-50(i):
- 2012
Temporary Commercial UselSpecial Event
The temporary commercial use and occupancy of public or private land and/or roadways for
commercial activities or special events requires the issuance of a Temporary Use Permit
pursuant to Sec. 2-30-20, provided that the proposed temporary use complies with the
standards in this section.
(1) Temporary structures constructed or placed on the premises shall conform to all applicable
adopted building codes and other County regulations.
(2) All applications shall make adequate provision for (a) public parking, (b) site setup,
maintenance, and clean up, (c) public safety, and (d) availability of emergency services.
A fund-raising or non-commercial event for a nonprofit religious, educational, or community
service organization shall not require a temporary use permit provided that:
(3)
(a)
The special event is conducted entirely (including parking) on private property owned
or leased by the sponsoring organization as a permanent facility;
(b) Any structure used in conjunction with the event shall be the subject of a valid building
permit, and shall be promptly removed upon cessation of the event; and
(c) The event shall be limited to hours of operation between 8:00 a.m. and 9:00 p.m., to a
maximum duration of one (1) day, and to a maximum frequency for similar events of
two (2) times per calendar year. This does not exempt the sponsoring organization
from obtaining other permits or approvals that may be required such as special events
liquor license, pyrotechnic permit, amplified noise variance, etc.
(d) Notice of the time and place of the event and estimated attendance shall be provided
to the County Engineer and Sheriff seventy-two (72) hours prior to the event.
(4) Temporary use permits may be issued through the Administrative Review process.
(5) If a special event is anticipated to occur annually, or on a periodic basis, the applicant may
request a multiple event temporary use permit, and such permits may authorize the special
event for up to three (3) years. Multiple event temporary use permits shall require that the
applicant notify the Community Development Department at (east ninety (90) days prior to
each event to identify the date and location of the event and any changes in the nature,
size, or activities to be conducted since the preceding event covered by the permit, and, if
proof of insurance coverage was required for previous approvals, shall submit updated
evidence of insurance coverage covering the dates of the upcoming event. If the
Community Development Department determines that the changes in the event were not
anticipated or covered by the existing permit, and could have unanticipated adverse
impacts on surrounding properties or traffic on County rights -of -way, or the event has not
complied with provision of previous approval(s) it may be revoked and/or the Department
may require that the applicant (a) apply for and receive a new temporary use permit, or (b)
modify the event to avoid the unanticipated adverse impacts. If the Community
Development Department does not respond to the notice with concerns about unanticipated
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Ordinance No.
Page 7o fl
-2012
adverse impacts, the event may proceed without the need to obtain a new temporary use
permit.
(6) Low Impact Photo/Movie Film Productions are still photo and movie film events that may
occur if the following standards can be met:
a) At least 10 working days prior to the production, the Applicant shall email a brief
descr i tion of -the nature of the production., including date, times, and locations to the
Community Development Department.
b) Five vehicles maximum. 15 people total.
c) All staging for the production, including but_ not limited to, equipment, actors/models,
crew vehicles, and trailers, shall be located on private property,
d) There shall be no offsite imt acts.
e) There shall be no parking on public roads. On private roads and driveways,._ 16' of
emergency access shall be maintained at all times.
f) The Applicant shall obtain all necessary federal/state permits when necessary and shall
comply with the Pitkci.n County Code, and State and Federal laws.
g) Fiimin shall last for no more than 2 days. from-7am to 7pm only. This includes setup
and take down.
h) The Applicant shall provide proof pf general liability insurance naming Pitkin County as
an additionally insured with $2 million aggregate coverage and $1 million each
occurrence coverage.
i) Current noise regulations of:
7AM to_7PM 65 dB(A)
7PM to 7AM _ 55 dB(A)
If the standards set forth in subsection 6 above} can be met, Staff will issue
acknowledgement of the Applicant's email and state the event may proceed. If the
standards set forth in subsection (6) above cannot be met the Applicant is required to
attain a Special Event_permit.
(7) Helicopters shall not be used for filming unless approved by the BOCC.
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Ordinance No,
Page t
H°i 'yTC
- 2012I
4: A
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NOTE 6:
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tch Shall include any and
ents for e MIHP zone C st
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aximu height prim structu �
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heigtht accessory stru
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odology.
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a for pre-exus
5 zone district, and no dwe
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ot with 50-74 f
00 ,,, or la ;erdo o
y.
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C Resolution 'I lo, 9,9 12
75 ; ,' I;uare feet)
allowable floor area shall be based ' on the Ileast restiictiv of the lllowin
r (b) floor area ratio (FAR) = .20. Du,plexes are prohibi I in ; R-1
11 exceed 3,500 square feet 1' II floor area, and 5„50urn gross floor a
N E IFor the R-15B zone district, the 15,000 square fo ( minimum to Lot S'
defiin
S on 11, Definitions.
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and G-50( .
es ra ion projects a " enc
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cr. 5-20- 00) f - u Ding Height calculation
e least restrictive of the fol�lowiin
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e -15A zone 'district shall exceed 5,50
tr-,! et (2 Lot ith 75-99 ft. ftonI Ie
also Sec. 5-21 70for Roo
7-20-8
;,obi are' exempt 'rro h Management en
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h n this se ack pursuant to S;; ons -2
i2
Ordinance No.
Page 9 0111
EXHIBIT D
- 2012
Section 6-30-1 a0(b)(3):
"The development of residential floor area on a lot in the
Meadowood Subdivision is exempt from GMQS up to the total of the
allowable floor area based on the floor area ratio (FAR) plus the
additional floor area allocated to the lot pursuant to Board of County
Commissioners Resolution No. 99-124 or 5,750 square feet of floor
area whichever is greater."
UuUu11
Ordinance No.
Page 10 of 11
EXHIBIT E
- 2012
SECTION 9-50-20:RESTO ATION WITHOUT SIGNIFICANT CHANGES
subsection 9-50-20(c): Restoration, Repair, Reconstruction, Replacement, Remodel, and
Additions, to Legal Non -Conforming Structures
A legal non -conforming structure may be expanded, repaired,
restored, reconstructed, replaced, or remodeled as long as the
activity does not increase the non -conformity. Prohibited
enlargement of the non -conformity shall include, but not be limited
to: expansion of the gross floor area where the floor area for the
zone district has been exceeded and expansion of the structure in
to the setbacks, including an increase in the mass of the existing
structure within the setbacks; expansion of the structure into any
other area where the development standards or the building codes
prohibit development. Expansion of the structure into the
setbacks, including an increase in the mass of the existing
structure within the setbacks is prohibited, except in
riparian/wetland setbacks, in which height and bulk may be added
to an existing residential structure with no change to the existing
footprint of the structure, subject to compliance with the following
criteria:
0tmu12
Ordinance No.
Page 11 of 11
- 2012
EXHIBIT_ E
Chapter 11: Definitions:
rocery Store:
"means a retail establishment that is primarily engaged in sales of
citaged food and produce, rather than food prepared for
consumption on the premises or other oods."
uui3
#17-4c1,401C") 1 10.
MEMORANDUM
To: Pitkin County Planning and Zoning Commission
FROM: Mike Kraemer, Planner
RE: Special Events and Other Land Use Code Amendments
DATE: November 6th, 2012
SUMMARY OF REQUEST: At the direction of the BOCC, Staff is initiating a number of Land Use
Code Amendments. The first of these amendments are for the exemption of certain small, less impactful
photo/film productions from the formal Special Event application process. The purpose of these
amendments will be to reduce workload on Staff and the Special Events Committee and to expedite the
review and processing of small, less impactful special event applications.
Other amendments will involve small "cleanup" items that are important to processing land use applications
but are relatively simple to understand and change concurrently with the Special Event Amendment.
BACKGROUND ON SPECIAL EVENTS AMENDMENTS: Pitkin County regulates and permits
Special Events/Temporary Commercial Uses in the County. The Community Development Department
is responsible for this process and issues permits in the form of an Administrative Decision. Pursuant to
the Code, all Special Events/Temporary Commercial Uses are handled administratively unless the
Community Development Director refers the application to the BOCC. This has occurred in the past for
large events such as the Winter X Games and the Pro Cycling Challenge.
Special Events have seemingly become a large portion of the economy in the area. They have also,
however, become increasingly challenging to Staff due to their volume and complexities. At a work
session on April 19th, 2012, the BOCC was briefed on Special Events in Pitkin County and provided
information on the current approval process, both positive and negative impacts, and future practices of
the County to facilitate events. It was acknowledged that Special Events can play a significant role in the
local economy and that future County practices need to reflect support for some events. The BOCC
directed Staff to analyze and bring forward an exemption process for less impactful photoffilm
productions.
To accomplish the direction of the BOCC, Staff proposes the following Code amendments to Section 4-
30-50(i) for Special Events:
Staff` envisions that certain small, still photo and film shoots could be exempted from the formal
application process. These exemptions encompass the following:
Low Impact Photo/Movie Film production
• At least 10 working days prior to the production, the Applicant shall email a brief description of
the nature of the production, including date, times, and locations to the Community Development
Departrn en t.
• Five vehicles maximum. 15 people total.
Uuuui..4
P&Z: November 6th, 2012
Page
• All staging for the production, including but not limited to, equipment, actors/models, crew,
vehicles, and trailers, shall be located on private property.
• There shall be no offsite impacts.
• There shall be no parking on public roads and 16' of emergency access shall be maintained at all
times.
• The Applicant shall obtain all necessary federal/state permits, when necessary and shall comply
with the Pitkin County Code, and State and Federal laws.
• Filming shall last for one day; from 7am to 7pm. This includes setup and take down.
• The Applicant shall provide proof of general liability insurance naming Pitkin County as an
additionally insured with 2 million aggregate coverage and 1 million each occurrence
coverage.
• Current noise regulations of:
7AM to 7PM 65 dB(A)
7PM to 7AM 55 dB(A)
Helicopters
The BOCC has a long standing policy to not permit helicopters for filming Special Events. Unless
otherwise directed by the BOCC, Staff enforces the policy by advising Applicants of the requirement and
places conditions in the permit. Staff feels that because the Land Use Code is being amended, this policy
should also be codified. Staff would propose the following:
• Helicopters shall not be used for filming unless approved by the BOCC.
BACKGROUND ON OTHER CODE AMENDMENTS: Staff consistently becomes aware of
discrepancies and needed clarifications in the Land Use Code. The following is a list of Amendments
that are needed to improve the effectiveness of the Code and can piggyback on the Special Events code
amendments:
Definition of a Grocery Store:
The Land Use Code was recently amended to permit a larger grocery store in the B-2 Zone District.
During the Code Amendment hearings before the BOCC, the concern was expressed that a quasi grocery
store such as a retail store that does not primarily sell food, could utilize the extra floor area provision.
Staff was directed to amend the Code to include a definition of a grocery store. Staff proposes the
following definition to Chapter 11:
• "Grocery Store: means a retail establishment that engages in at least 5O% of its retail sales in
packaged food and produce, rather than food prepared for consumption on the premises.
pn-Conforming. Use.:
ijUUUj5
P . : November 6th, 2012
Page
Chapter 9 of the Code encompasses requirements for Expansions of Non -Conforming Uses. Specifically,
Section 9-50-20(c) deals with Expansion Without Significant Changes. These applications are reviewed
at the Administrative level, Recently, an applicant requested to expand the basement and garage on a
parcel where the single family residence exceeds the allowable `Floor Area" for the Lot, but does not
exceed "Gross Floor Area". The Code currently states that expansion of "Floor Area" is prohibited
where "Floor Area" has been exceeded. Because the Code defines "Floor Area" as the measurement of
gross floor area excluding exemptions for basements, garages, and carports, and "Gross Floor Area" as
the measurement of floor area including basements, garages, and carports, this would be reviewed
administratively.
Staff feels that an expansion of gross floor area should not be an administrative level review and that it
should fall under an Expansion with Significant Changes, which is a BOCC review. To accomplish this,
Staff proposes the following change to Section 9-50-20(c), as underlined:
"Prohibited enlargement of the nor -conformity shall include, but not be
limited to: Expansion of the gross floor area where the floor area for the
zone district has been exceeded ".
Hearing Officer Appeals:
Staff has become aware that the Code mistakenly does not include an appeal of a decision made by the
Hearing Officer to the BOCC in a Special Review for landing Transferable Development Rights (TDR).
Staff proposes that Section 2-30, Chart2-30-10: Review and Approval Procedures Summary Table include
an appeal to the BOCC for a TDR Special Review.
Meadowood Subdivision:
Section 6-30-100(bX3) of the current Code references a GMQS exemption for the Meadowood Subdivision
pursuant to a BOCC Resolution. This exemption generally provides for an exemption that is greater than
5,750 square feet. The Meadowood Subdivision is within the R-30 zone district and has a .13 FAR. There
are some lots in the Meadowood Subdivision that are small and, as a result of the .13 FAR, cannot achieve a
5,750 GMQS exemption. Because the rest of the County is afforded a 5,750 GMQS Exemption, Staff feels
that it is only equitable to amend the Code to allow even the small lots in Meadowood the County wide
5,750 GMQS Exemption. Staff has proposed language below and is indentified with an underline.
(Please note that this Code amendment is not changing the allowable floor area for Meadowood
Subdivision. The amendment is only acknowledging the ability for lots within the subdivision to construct
up to the County wide GMQS Exemption of 5,750 square feet.)
"The development of residential floor area on a lot in the Meadowood
Subdivision is exempt from GMQS up to the total of the allowable floor
area based on the floor area ratio (FAR) plus the additional floor area
allocated to the lot pursuant to Board of County Commissioners
Resolution No. 99-124, or 5,750 square feet, whichever is greater."
Y 1 6
L
P&Z: November 6th, 2012
Page 4
REFERRALS: The Special Events Committee was convened on October 31', 2012 to discuss the
Special Events amendments. Their comments are incorporated into the language.
TWO-STEP REVIEW PROCEDURES (2-30-401):
A request for a Land Use Code Amendment shall be recommended for approval and shall be approved if it
complies with:
(A) All applicable provisions of this Land Use Code;
Response: Staff has evaluated the proposed Code amendments for their impacts on other Code sections. At
this time Staff feels that all sections of the Code that would be affected by the proposed amendments have
been adequately addressed.
(R) All applicable Land Use Policies listed in Sec. 1-60;
Response: Staff has reviewed the policies in this section and feels that the proposed amendments are
consistent with these policies.
LAND USE CODE TEXT AMENDMENTS (2-40-10):
In addition to the provisions of Sec.2-30-40(i), the following shall apply to applications for Land Use Code
Amendments:
(A) Each Land Use Code tee amendment shall be consistent with the Pitkin CounO, Comprehensim
Plan;
Response: Though no specific Comprehensive Plan applies to these amendments, Staff feels that they are
consistent with the goals and objectives of adopted plans.
(B) Land Use Code text amendment shall be drafted in a form consistent with the organizational format
and style of this Land Use Code;
Response: Staff will accomplish this when ordinances are drafted for BOCC review.
(C) Code text amendments shall repeal and reenact entire Code sections rather than just specific
sentences or sub -sections.
Response: If the Code Amendment is approved, entire Code sections will be repealed and reenacted.
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P&L November 6th, 2012
Page 5
CODE AMENDIVIElsIT RECOMMENDATION: Staff` recommends that the Commission recommend
approval to the BOCC for the proposed Code Amendments.
ATTACHMENTS:
None.
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COUNTY PLANNING AND ZONING COMMISSION MEETING
TUESDAY, NOVEMBER 6, 2012
3rd Floor City Hall
130 S. Galena Street
Aspen, CO
Commissioners Present: Staff Present:
Ben Genshaft Mike Kraemer
Monty Thompson Lance Clarke
Jaynes VeShancey
I. CALL TO ORDER: Chairman Genshaft called the Planning and Zoning Commission meeting
to order at 5:00 P.M. The venue of the meeting was switched to the 3rd Floor of City Hall due to
scheduling conflicts at the Library Meeting Room.
H. COMMENTS:
A. COMMISSIONERS: None.
B. PLANNING STAFF: None.
C. PUBLIC: None.
III, E:
1. October 9, 2012, approved by a unanimous vote.
IV. NEW BUSINESS:
1. LAIsTD USE CODE TEXT AMENDMENTS -SPECIAL EVENTS AND OTHER
VARIOUS AMENDMENTS
STAFF RESPONSIBLE: MIKE KRAEMER
Summary of Amendments: At the direction of the BOC , Staff is initiating a number
of Land Use Code Amendments. The first of these amendments is for the exemption of
certain small, less impaotful photo/film productions from the formal Special Event
application process. The purpose of these amendments will be to reduce workload on
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Staff and the Special Events Committee and to expedite the review and processing of
small, less impactful special event applications_
Other amendments win involve small "cleanup" items that are important to processing
land use applications but are relatively simple to understand and change concurrently
with the Special Event Amendment.
Commissioner Ve hancey felt that extending the low impact film permit to 2 days
rather than 1 was reasonable. Other commissioners agreed.
Commissioners found unanimity in the language proposed for the helicopter restriction
for filming.
Commissioner Genshaft felt that language should be changed to state that a grocery
store : `{means a retail establishment that is primarily engaged in sales of packaged
food and produce, rather than food prepared for consumption on the premises or other
goods, "
Commissioners agreed on all other proposed language for the amendments related to
the definition of a grocery store, floor area language in the Meadowood Subdivision, an
appeal process for Hearing Officer Decisions that involve Transferable Development
Rights, and a Board review process for legal non -conforming structures that exceed
floor area.
Commissioner Thompson moved to recommend approval to the BOCC of the LAND USE
CODE TEXT AMENDMENTS -SPECIAL EVENTS AND OTHER VARIOUS
AMENDMENTS, subject to the changes outlined at the meeti j
Commissioner VeShancey seconded. Chairman Genshaft called the question, and the
motion passed 3 to 0
V. ADJOURN: The meeting adjourned at 5:45 P.M.
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