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HomeMy WebLinkAboutbocc.packet.07232014 - Special Use Permits Rural and RemoteAGENDA ITEM SUMMARY REGULAR MEETING DATE: AGENDA ITEM TITLE: July 23, 2014 AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ESTABLISHING A TEMPORARY MORATORIUM PROHIBITING THE ISSUANCE OF ANY AND ALL PERMITS THAT WOULD ALLOW FOR STRUCTURES THAT WOULD VIOLATE THE USE AND DIMENSION RESTRICTIONS OF THE RURAL AND REMOTE ZONE DISTRICT STAFF RESPONSIBLE: Cindy Houben, Community Development Director Mike Kraemer, Plannerf,< ISSUE STATEMENT: This is the confirmatory reading of an ordinance establishing a temporary moratorium prohibiting the issuance of all permits that would allow for structures that would violate the use and dimension restrictions of the rural and remote zone district adopted on June 18, 2014. BACKGROUND: The Rural and Remote Zone District is currently being examined by the County Planning staff to produce a comprehensive regulation concerning special or temporary events. The Rural and Remote Zone District represents a unique resource area within Pitkin County that is characterized by sensitive environmental habitat. This moratorium is to allow time to conduct a comprehensive study of what appropriate zoning and development regulations should be imposed. This study shall examine what appropriate regulations should be approved in the moratorium area. The intent of the BOCC in enacting this moratorium is to allow sufficient time to enact appropriate zoning regulations. This moratorium does not affect any other provision of the Pitkin County code, including limitations on light and noise, shall remain in full force and effect. The emergency that warrants the enactment of this ordinance and temporary moratorium is that a failure to impose proper regulations immediately will allow events and development to proceed, which may be out of character with the community and will negatively affect the cultural, environmental and neighborhood qualities of the moratorium area. It is anticipated by the Board of County Commissioners that an appropriate analysis of the area and adoption of necessary zoning regulations can be accomplished within nine (9) months, on or before March 18, 2015. The temporary moratorium enacted by this ordinance is subject to the following terms, provisions, and exceptions: 1 1. The Community Development Department, Building Division and all other County departments, agencies and Boards are prohibited from the issuance of any and all permits that would allow for structures, temporary, permanent or of any kind that would violate the use and dimension restrictions of the Rural and Remote Zone District. 2. The following shall be exempt from the application of this moratorium: a. One half of existing square footage is exempt in the calculation of total allowed square footage for the purposes of this moratorium. This provision shall not be construed to allow additional permanent square footage. b. Any structures associated with an application for a special event or temporary commercial use permit that has been approved. c. Property owned by John Wilcox located in the Castle Creek valley for the conduct of a wedding on June 28, 2014, for temporary structures in the nature of tents not to exceed 2,500 square feet. LINK TO STRATEGIC PLAN: Environmental protection; safe and healthy community BUDGETARY IMPACT: Potential request for supplemental funds to hire a consultant to aid Staff in developing Land Use Code Amendments to address temporary uses/special events. RECOMMENDED BOCC ACTION: Confirm ordinance ATTACHMENTS: Ordinance a AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ESTABLISHING A TEMPORARY MORATORIUM PROHIBITING THE ISSUANCE OF ANY AND ALL PERMITS THAT WOULD ALLOW FOR STRUCTURES THAT WOULD VIOLATE THE USE AND DIMENSION RESTRICTIONS OF THE RURAL AND REMOTE ZONE DISTRICT ORDINANCE NO. _ 2014 Recitals The Board of County Commissioners of Pitkin County, Colorado makes the following findings to support the adoption of a temporary moratorium in the Rural and Remote Zone District: 1. Pitkin County has the authority to regulate the use and development of land pursuant to Colorado revised statutes: a. Ch. 28 of Title 30 (County Planning, Zoning and Subdivision); b. Ch. 65.1 of Title 24 (Areas and Activities of State Interest); c. Ch. 67 of Title 24 (Planned Unit Development Act); d. Ch. 20 of Title 29 (Local Government Land Use Control Enabling Act); e. Ch. 11 of Title 30 (County Powers and Functions). 2. In connection with its regulation of the use of land, Pitkin County has the authority to enact a moratorium as part of its broad police and planning powers to advance the interests of the public health, safety and welfare. See Hermanson v. County of Fremont, 595 P.2d 694 (Colo. App. 1979); Dill v. Lincoln County, 928 P.2d 809 (Colo. App. 1996). 3. The Rural and Remote Zone District is currently being examined by the County Planning staff to produce a comprehensive regulation concerning special or temporary events. The Rural and Remote Zone District represents a unique resource area within Pitkin County that is characterized by sensitive environmental habitat. 4. The moratorium is to allow time to conduct a comprehensive study of what appropriate zoning and development regulations should be imposed. This study shall examine what appropriate regulations should be approved in the moratorium area. The intent of the BOCC in enacting this moratorium is to allow sufficient time to enact appropriate zoning regulations. 3 Ordinance No. Page 2 - 2014 5. All other Pitkin County code provisions, including limitations on light and noise, shall remain in full force and effect. 6. There is an emergency that warrants the enactment of this ordinance and temporary moratorium. Failure to impose proper regulations will allow events and development to proceed, which may be out of character with the community and will negatively affect the cultural, environmental and neighborhood qualities of the moratorium area. It is anticipated by the Board of County Commissioners that an appropriate analysis of the area and adoption of necessary zoning regulations can be accomplished within nine (9) months. NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that a temporary moratorium is hereby enacted subject to the following terms, provisions and exceptions: 1. The Community Development Department, Building Division and all other County departments, agencies and Boards are prohibited from the issuance of any and all permits that would allow for structures, temporary, permanent or of any kind that would violate the use and dimension restrictions of the Rural and Remote Zone District. 2. The following shall be exempt from the application of this moratorium: a. One half of existing square footage is exempt in the calculation of total allowed square footage for the purposes of this moratorium. This provision shall not be construed to allow additional permanent square footage. b. Any structures associated with an application for a special event or temporary commercial use permit that has been approved. c. Property owned by John Wilcox located in the Castle Creek valley for the conduct of a wedding on June 28, 2014, for temporary structures in the nature of tents not to exceed 2,500 square feet. 3. This temporary moratorium is effective immediately upon 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. 4. Any property owner who wishes to appeal the application of this moratorium to their property or plans for development, may appeal directly to the Board of County Commissioners pursuant to Section 2-20-180 of the Pitkin County Land Use Code. 5. Any property owner who contends that this temporary moratorium constitutes a taking of private property without just compensation in violation of the Ordinance No. Page 3 -2014 United States and/or Colorado constitutions, shall, as a prerequisite to judicial action, request a taking determination pursuant to Section 2-40-150 of the Pitkin County Land Use Code. 6. This moratorium shall remain in effect for nine (9) months, until March 18, 2015. INTRODUCED AND ADOPTED AT A SPECIAL MEETING ON JUNE 18, 2014 AND SET FOR CONFIRMATORY READING AND PUBLIC HEARING ON JULY 9, 2014. CONFIRMATORY READING CONTINUED TO JULY 23, 2014. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON JUNE 26, 2014. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.aspenpitkin.com ) ON JUNE 27, 2014. ADOPTED AFTER CONFIRMATORY READING ON JULY 23, 2014. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON 2014. POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.aspenpitkin.com) ON THE , 2014. THIS ORDINANCE IS EFFECTIVE JUNE 18, 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Jeanette Jones Robert A. Ittner, Jr., Chairman Deputy Clerk Date: PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT Cindy Houben, Director Ordinance No. Page 4 - 2014 APPROVED AS TO FORM: John M. Ely County Attorney Jon Peacock County Manager ti