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HomeMy WebLinkAboutbocc.packet.04092014.Open Space and Trails Mater PlanMEETING DATE: AGENDA ITEM TITLE: AGENDA ITEM SUMMARY April 9, 2014 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AUTHORIZING THE OPEN SPACE MASTER PLAN AUTHORITY STAFF RESPONSIBLE: Dale Will SUMMARY OF ISSUE: Should the BOCC reauthorize the Open Space Master Plan Authority? BACKGROUND: In 2007, the BOCC created the Open Space Master Plan regulation which allowed the Open Space and Trails Department (OST) and the Community Development Department to join efforts. This law reflected our experience that the most successful land conservation incentives are 1) Open Space Fund investments, and 2) vesting of reserved development rights. Prior to 2007, the County had no simple process to combine these. Prior projects therefore suffered from a bifurcation of process with contingent contracts, added landowner stresses, etc. We solved this problem in 2007 by authorizing an integrated process, and thereby conserved the Grange Ranch and Cold Mountain Ranch (each of which has an approved Open Space Master Plan and matching conservation easement). Because of the novel nature of this law, in 2007 the BOCC elected to treat it as a "pilot" program with a sunset after two years. With renewed inquiries from interested landowners, both Departments are once again seeing the potential use of a "re -crafted" Open Space Master Plan regulation. This concept was discussed at the prior two joint meetings of the BOCC and Open Space Boards. We now propose to re -adopt it without a sunset. Since introducing this proposed reauthorization in December to the OSTB, P&Z, and BOCC, most of the discussion has centered on the question of whether the County should be able to consider a house in excess of 5750 sq. ft. Staff believe that this flexibility is needed in the area immediately surrounding Aspen due to market forces and landowner expectations. Both the P&Z and OSTB have agreed that this flexibility is justified above Brush Creek within the planning area depicted on the attached map. The most notable other adjustments from 2007 are that TDRs are eliminated from this program and the minimum parcel size is decreased to 70 acres. The elimination of TDRs reflects a trend to emphasize other tools for securing land preservation. The decreased acreage requirement is intended to allow the County to approach a greater spectrum of properties under this authority. KEY DISCUSSION ITEMS: Primary elements of the 2007 code section:  A “one stop” program combining homesite approvals and open space funding for parcels over 160 acres.  Must be initiated by the County.  County must acquire a conservation easement or outright ownership of land.  Density may not exceed applicable zoning.  Free market residential square footage max 5750 square feet; overall residential size limitation of 6750 square feet.  One TDR per 70 acres permissible.  Extended vested rights permissible.  Requires approval of Community Development, Open Space Board, and BOCC.  Landowner pays Community Development costs.  Allowed flexibility regarding slope and geologic hazards. Primary changes of a revised code section (attached):  Eliminate eligibility for TDRs.  Reduce eligible acreage to 70 acres.  Provides that OST covers Community Development costs prior to written contract with landowner.  Increase maximum allowable gross floor area above Brush Creek in the Roaring Fork Watershed to what is otherwise allowable under the applicable zoning and master plans, subject to site specific findings regarding scenic and other impacts. LINK TO STRATEGIC PLAN: KEY DISCUSSION ITEMS (ALTERNATIVES): The alternative to this project would be not to consummate the contract. BUDGETARY IMPACT: It is likely that this authority will reduce the cost of future open space acquisitions through synergy with private sector interest in land use entitlements. RECOMMENDED BOCC ACTION: Approve reauthorization of Open Space Master Plan Authority on first reading and set for public hearing on April 23, 2014. ATTACHMENTS: Ordinance and Proposed Code. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY COLORADO, ADOPTING AN AMENDMENT TO THE PITKIN COUNTY LAND USE CODE SECTION 2-40, ADDING A PROVISION FOR OPEN SPACE MASTER PLAN REVIEW AND PROCESSES, SECTION 2-40-170 ORDINANCE #_____-2014 RECITALS WHEREAS, the Board of County Commissioners of Pitkin County, Colorado makes the following findings: 1. The preservation of open space is one of the highest priorities for Pitkin County. 2. The rise in property values requires the coordinated efforts of the Pitkin County Open Space and Trails program and the regulatory review of the Pitkin County Land Use Code to adequately preserve open space. 3. This code amendment allows for integrated review of the acquisition of property interests with development approvals for retained uses of the property. 4. The BOCC finds that this code amendment is consistent with the policies and regulations of the Land Use Code. 5. This code amendment was first approved and adopted by Ordinance No. 017-2007 on July 25, 2007, and included a sunset provision two years from the date of adoption. By approval and adoption of this ordinance, the proposed code amendment shall become a permanent provision of the Pitkin County Land Use Code. 6. The Pitkin County Planning and Zoning Commission considered the current proposed code amendment at a meeting held on March 4, 2014, at which time a unanimous recommendation of approval was sent to the BOCC. 7. The Open Space and Trails Board considered the proposed code amendment on March 6, 2014 and unanimously supports the proposed authority. 8. The BOCC finds that adoption of this ordinance is necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore declares this ordinance and legislation to be effective immediately pursuant to C.R.S. § 30-15405. NOW THEREFORE, be it ordained by the Board of County Commissioners of Pitkin County, Colorado, that section 2-40 of the Pitkin County Land Use Code is hereby amended to add Section 2-40-170: Open Space Preservation Master Plan as set forth in ‘Exhibit A’ hereto. Ordinance ____-2014 INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 9th DAY OF APRIL, 2014. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON ____________, 2014. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.aspenpitkin.com ) ON THE ______ DAY OF_______________2014. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE ______DAY OF _______________ 2014. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE ______DAY OF_______________2014. POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.aspenpitkin.com ) ON THE ____ DAY OF ___________2014. ATTEST: BOARD OF COUNTY COMMISSIONERS By _________________________ By: _____________________________ Jeanette Jones Robert A. Ittner, Jr., Chair Deputy County Clerk Date: ______________ APPROVED AS TO FORM: MANAGER APPROVAL ___________________________ _________________________________ John Ely, County Attorney Jon Peacock, County Manager ___________________________ Dale Will, Director Open Space and Trails Ordinance ____-2014 Exhibit A Open Space Master Plan 2-40-170: OPEN SPACE PRESERVATION MASTER PLAN (a) General The Open Space Master Plan development approval process is available for any property in any zone district except as limited in Section (b). The intent of this master plan process is to be able to consider development approvals through a modified one -step ordinance process in conjunction with the acquisition of a fee interest or conservation easement by Pitkin County with Open Space and Trails restricted funds. Development approvals reviewed through this process are granted by the Board of County Commissioners only upon affirmative recommendation of the Open Space and Trails Board and Community Development Department. (b) Standards for Open Space Preservation Master Plans. (1) Master plan and development approval under this section are available only to properties which reflect the preservation and conservation values identified by the Open Space and Trails Board as stated in their operating policies. This approval process may consider property within incorporated municipalities or outside the boundaries of Pitkin County but development approvals may only be granted for locations in unincorporated Pitkin County. (2) This master plan process is only available on applications initiated by Pitkin County with the consent of the property owner. This master plan process is not available for private party initiated applications. This process may be employed only on parcels of 70 acres or larger. . (3) This master plan process is only available for property which Pitkin County is acquiring an interest with Open Space and Trails restricted funds. This acquired interest may be in the form of a fee simple interest or a conservation easement or trail easement. (4) Development approvals granted pursuant to this master plan process may not exceed the density and use limitations of the underlying zoning or the Neighborhood Master Plan for the reviewed property. Siting criteria relating to geologic hazards and steep and potentially unstable slopes may be varied if appropriate. All other siting considerations in Chapter 7 shall apply. Gross floor area shall not exceed 5750 sq. ft. per unit except in exceptional circumstances within the geographic area above the confluence of the Roaring Fork River and Brush Creek, including the East of Aspen, Castle/Maroon, Brush Creek and Owl Creek Planning Areas, as otherwise depicted on the attached map. An exceptional circumstance may be found if all of the following conditions are met: a. the subject property is outside the Rural and Remote Zone and within the above described area, and b. the approval of a residential unit in excess of 5750 ft. sq. gross floor area would not i. create significant visual impacts from public roads, public trails, or nearby public lands, or ii. would not significantly degrade surrounding rural character, and iii. would not create significant light, air and water pollution, or traffic impacts. (5) This master plan process may extend or establish unique vested rights. (6) Master plan and development approvals granted pursuant to this process must result in a significant public benefit and resolve all development and use potential for the subject property held by the contracting party with permanency and be reflected in appropriate approval documents, covenants, or deed restrictions as necessary. (7) Development approvals granted pursuant to this process must balance on-site development, and cash compensation in consideration of any interest acquired in the property by Pitkin County against the monetary value of the property and the conservation and community values related to the property. (c) Procedure. (1) All approvals granted pursuant to this section must first receive an affirmative recommendation from the Community Development Director. This recommendation must consider all development and impacts of development, , and the cash compensation paid from Open Space and Trails restricted funds, the property interests acquired by the County, as well as any other aspects of the final disposition of development and use of the property. Once the Open Space Board has agreed that a possible Open Space Master Plan should be devised, the Board shall pay the costs of the Community Development review up until the such point as the County and Landowner have agreed in writing to the basic terms of a Master Plan, including acreage, reserved rights, and public access, if any. Following such written agreement the private party shall pay all costs of the Community Development review. The property owner shall provide Community Development with all information that is relevant or helpful at the discretion of the Community Development Director. (2) Upon an affirmative recommendation from the Community Development Director, the Open Space and Trails Board must endorse and affirmatively recommend the same conditions of the approval as reviewed and recommended by the Community Development Director. (3) Following affirmative recommendations for approval from the Community Development Director and the Open Space and Trails Board, the Board of County Commissioners shall finally consider and approve or deny, by majority vote of the Board, any requested reviews pursuant to this section. The Board of County Commissioners review approval process shall be by ordinance as that process is described in the Home Rule Charter at section 2.8.1. The Board of County Commissioners can only approve the exact recommendation made by the Community Development Director and Open Space and Trails Board. If the Board of County Commissioners desires to amend or change any aspect of the proposed approval contrary to the recommendations of the Community Development Director and Open Space and Trails Board, the application, in its entirety must be referred back to those two reviewing bodies for an affirmative recommendation. (4) All approvals granted by the Board of County Commissioners pursuant to this section shall be contingent upon the closing of a contract for acquisition of a property interest in the subject property by Pitkin County. (5) Representations and opinions expressed by the County, its departments or Boards, during this review process are not determinative or applicable to any other Land Use Code review processes. Crystal River Fryingpan Independence Maroon/Castle Snowmass/Capitol Woody Creek Emma/Basalt UGBOwl Creek Snowmass Canyon Brush Creek Defined Planning A reas City/Town Boundaries Open Spa ce Master Plan Area Open Space Ma ster Plan Area Map 0 5 10 15 202.5 Miles I This map/drawing is a graphical representation of the features depicted and is not a legal representation.Accuracy is not guaranteed.