HomeMy WebLinkAboutbocc.res.116.2020RECEPTION#: 672910, R: $0.00, D: $0.00, 0112612021 at 09:37:39 AM, Pgs 1 of 2, Janice K. Vos Caudill, Pitkin County, CO
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS ("BOCC")
OF PITKIN COUNTY, COLORADO, REJECTING ON FIRST READING AN
ORDINANCE ADOPTING AMENDMENTS TO SECTION 11-10 AND
SECTION 3-80-30(c) OF THE 2006 PITKIN COUNTY
LAND USE CODE
RESOLUTION NO. 116-2020
RECITALS
WHEREAS, Emma Fields, LLC (the "Applicant") came before the Board of County
Commissioners at the regular meeting on July 22, 2020 and continuing on August 26, 2020
with a first reading request for the adoption of an Ordinance amending Sections 11-10 and
30-80-30(c) of the 2006 Land Use Code, Title 8 of the Pitkin County Code, specifically
creating a definition for accessory agricultural use and listing accessory agricultural use as a
special review use in the unclassified zone district; and amending the Pitkin County zoning
plan, and;
WHEREAS, the BOCC considered the Ordinance, the comments of the Applicant and those
made on behalf of the Applicant, and all public comment received, and;
WHEREAS, BOCC finds that the proposed Ordinance is inappropriate and as grounds
therefore, makes the following findings of fact:
The proposed code amendments are inappropriate for the Unclassified Zone
District. The District is appropriate only in areas of the County that have not
been rezoned for uses because of their distance from developed areas and/or
the lack of a land use plan for the areas in which they are located by the
definition of the Zone District. This Code Amendment would stimulate land
uses inconsistent with the existing underlying Unclassified Zone District.
ii. The proposed level of development allowed by this Amendment on this
particular property in the Unclassified Zone District is inconsistent with the
Down Valley Master Plan, the applicable master plan for this property.
iii. The zone district being inappropriate, the proposed amendments themselves
are inappropriate for this particular property.
iv. The Zone District is no longer appropriate for this affected property by
virtue of the intent of the District and the language of the Down Valley
Master Plan. This Zone District is currently only applied to the property of
the Applicant. The Property should be rezoned in conformance to the Down
Valley Plan and not afforded a zone district amendment.
v. The proposed zone district amendment would allow for accessory uses that
are much greater in potential impact than any use currently allowed in the
Zone District.
RECEPTION#: 672910, 01/26/2021 at 09:37:39 AM, Pgs 2 of 2, Janice K. Vos Caudill, Pitkin County, CO
WHEREAS, the BOCC finds that it is in the best interests of the citizens of Pitkin County
to adopt this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that it hereby Rejects on First Reading an Ordinance Adopting
Amendments to Section 11-10 and Section 3-80-30 (c) of the 2006 Pitkin County Land Use
Code, Title 8 of the Pitkin County Code, Specifically Creating a Definition for Accessory
Agricultural Use and Listing Accessory Agricultural Use as a Special Review Use in the
Unclassified Zone District; and an Amendment to the Pitkin County Zoning Plan and
authorizes the Chair or Chair's designee to sign the Resolution and upon the satisfaction of
the County Attorney as to form, execute any other associated documents necessary to
complete this matter.
INTRODUCED, READ AND ADOPTED ON THE 26th DAY OF AUGUST 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By 3t4J ffi, jbtn t.5
By:
S , F. CL1.d.
Jeanette Jones Steven F. Child, Chair
Deputy County Clerk
Date: Jan-25-2021
APPROVED AS TO FORM: MANAGER APPROVAL
John Ely, County Attorney Phylis Mattice for Jon Peacock, County
Manager