HomeMy WebLinkAboutbocc.ord.018.2023AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO AMENDING TITLE 8 OF THE PITKIN COUNTY CODE,
TITLE 8, SECTION 2-30-30(h)(7) — ROAD AND EASEMENT VACATIONS
ORDINANCE NO. 018- 2023
RECITALS
1. Pursuant to C.R.S. § 30-35-201 and 301, the Board of County Commissioners of
Pitkin County, Colorado (the `BOCC"), a Home Rule County, is authorized to make and publish
ordinances for carrying into effect or discharging the powers and duties conferred upon such
counties by law and as seems necessary.
2. Pursuant to Section 2.8.1 of the Pitkin County Home Rule Charter, the Board of
County Commissioners of the County of Pitkin, Colorado (the `BOCC") is authorized to take
official action by Ordinance for certain matters as set forth in the Home Rule Charter as well as
the Colorado Revised Statues, as amended.
3. Title 8 of the Pitkin County Code, is titled "The Pitkin County Land Use Code"
("PCLUC") and provides authority and powers conferred on the BOCC by the State of Colorado
regarding the use and development of real property located in Pitkin County, Colorado as more
specifically described therein.
4. Pursuant to the PCLUC, Section 2-40-10, a Land Use Code Text Amendment
requires a Specialized Review and Approval Procedure, which requires Staff review,
recommendation from the Planning and Zoning Commission, and adoption by the BOCC through
Ordinance action.
5. The Planning and Zoning Commission reviewed the proposed Land Use Code Text
Amendment at a regularly scheduled and duly noticed meeting on May 24, 2023
6. At its May 24, 2023 public meeting, the Planning and Zoning Commission
adopted a resolution recommending the approval of this Ordinance as set forth in Planning and
Zoning Commission Resolution No.n/a the P&z did not recommend approval of the ordinance as drafte
7. This Land Use Code Text Amendment amends PCLUC: (1) Section 2-30-30(h)(7)
— ROAD AND EASEMENT VACATIONS.
8. The BOCC, by this Land Use Code Text Amendment, strikes PCLUC Sections
Section 2-30-30(h)(7) because the text of PCLUC does not comply with the various requirements
of state law for vacating public roads.
9. The text of the Land Use Code Text Amendment is attached hereto as Exhibit A
(Title 8, Chapter 2).
10. This Ordinance satisfies the criteria for approval of a Land Use Code Text
Amendment as set forth pursuant to PCLUC § 2-30-40(i) and § 2-40-10 and that the proposed
amendment to the Pitkin County Code is consistent with the goals and policies regarding land use
and development in Pitkin County. Accordingly, the BOCC finds as follows:
a. The Land Use Code Text Amendment is consistent with the Pitkin County
Comprehensive Plan; and
b. The proposed text of the Land Use Code Text Amendment, as set forth in
Exhibit A is drafted in a form that is consistent with the organizational
format and style of this Land Use Code; and
c. The Proposed Land Use Code Text Amendment repeals and reenacts the
entire, relevant sections of the PCLUC; and
11. 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 to be effective immediately upon adoption.
NOW THEREFORE, BE IT ORDAINED that the Board of County Commissioners of
the County of Pitkin, Colorado, hereby adopts AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO AMENDING TITLE 8 OF THE
PITKIN COUNTY CODE, TITLE 8, SECTION 2-30-30(h)(7) — ROAD AND EASEMENT
VACATIONS as set forth in Exhibit A appended hereto. The Chair of the Board of County
Commissioners of the County of Pitkin, Colorado, or his designee, is further authorized to execute
such documents as necessary to consummate this transaction subject to the recommendation for
approval as to form by the County Attorney.
2
INTRODUCED AND FIRST READ ON THE 24TH DAY OF MAY 2023 AND SET FOR
SECOND READING AND PUBLIC HEARING ON THE 14TH DAY OF JUNE 2023.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESOLUTION PUBLISHED IN THE ASPEN DAILY NEWS ON THE 3RD DAY OF JUNE,
2023.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON
THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE 1ST DAY
OF JUNE 2023.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 14TH DAY OF
JUNE 2023.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincounty.com) ON THE 15TH DAY OF JUNE 2023.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
DAILY NEWS ON THE 22ND DAY OF JUNE, 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By: M,ia By: rietuAtit, YCblocr
Francie Jacober Chair
Julia Ely
Deputy County Clerk
Date: Jun-15-2023
APPROVED AS TO FORM: MANAGER APPROVAL
By:
By: P(IUS M i0,
Richard Y. Neiley III Phylis Mattice for Jon Peacock, County Manager
Asst. County Attorney
3
Chapter 2 Review and Approval Procedures
Designation to or Delisting from Historic
Register
N,P,M
✓
R
<D>
None
Activity Envelope and Site Plan Review for
Stream Restoration Projects
P' M
✓
R
<D>
10 years
Extension/
Reinstatement of Vested Rights
1,7
R
D
Ground Mounted Solar Energy Collectors
over 1/10 of an acre of land used
M,P
R
D
A
10 years
Ground Mounted Solar Collectors over 1/7
of an acre of land used
M,P
R
<D>
A
10 years
GMQS Exemption for
One Additional Dwelling Unit
on a Property Designated to the Historic
Register)
Change in Use of Historic Structure
Civic or Institutional Use
N,P,M
N,P,M
N,P,M
V
V
✓
R
_
_R
R
<D>
<D>
<D>
N
None
None
None
None
One Single Family Dwelling on
500* Acre Parcel
N,P,M
R
<D>
None
Historic Incentives for Historic Register
Properties
N,P,M
✓
R
<D>
None
Location and Extent Review
�NI,P,M
v
R
<D>
None
Major Amendment to Development Permit
or
Approval
N,P,M
V
R
D = Original
Decision -Making
Bod
Same as Approval
or Permit
Amended
Non -Conforming Use or Structure,
Restoration or Expansion with Minor
Building Modifications
N,P,M
✓
R
<D>
1 year
Road Easement Vacations
N,P,M
-
<D>
None
and
Special Review Uses
(See also Sec. 4-20 Use Table and Sec. 2-
40-20)
N,P,M
srR
<D>
None unless stated
in approval
Special Events Venue
N,P,M
✓
R
<D>
1 year
Special Review for Commercial
Recreational Use on County -owned
prp-
e
oor roads
If below thresholds established in
Sec. 4-30-40 (q)(3)(b)
If above thresholds established in
Sec. 4-30-40(q)(3)(c)
N,P,M
N,P,M
V
✓
R
R
<D>
A
<D>
None unless stated
in approval
Subdivision Exemption for
Fully Developed Lands
New Lots in VC and VR Zone Districts
Parcels for Community and Public Facilities
N,P,M
N,P,M
N,P,M
N,P,M
✓
✓
✓
✓
_R
_R
R
_
R
<D>
<D>
<D>
A
None
None
None
None
and
Open Space
Separation of Platted Sub -Standard Size
Lots
(See also Sec. 9-20-030)
Chapter 2 Review and Approval Procedures
2-30-30: ONE-STEP REVIEW PROCEDURE
(a) General
The One -Step Review procedure applies to decisions for which development permits may be issued after
a single review by the Hearing Officer, Planning and Zoning Commission, or the Board, as shown in
Table 2-1.
(b) Applicability
The One -Step Review procedure is used for the types of decisions listed under One -Step Review in
Table 2-1.
(c) Pre -Application Meeting
A pre -application meeting pursuant to Sec. 2-20-30 is required for those One -Step Review applications
indicated in Table 2-1.
(d) Initiation
Applications for One -Step Review are
initiated by filing the submission materials
referenced in Pitkin County Land Use
Application Manual with the Community
Development Department. No application
shall be reviewed until a determination of
completeness has been made pursuant to
Sec. 2-20-70. After the application has been
determined to be complete, the Community
Development Department shall schedule a
public meeting or hearing for the application
pursuant to Sec. 2-20-80. Public notice for
the public hearing shall be provided
pursuant to Sec. 2-20-100.
(e) Relationship to GMQS and TDRs
Applications for One -Step Review may
require receipt of a GMQS allocation and/or
use of a TDR if they involve development
on a lot or parcel that does not have
development rights attached to it or the
construction of a house larger than the
maximum dwelling unit size without GMQS
allocation or use of a TDR permitted by
Table 5-1.
P & Z
Hearing/
Decision
Pre -Application
Conference
(if required)
Staff
Review &
Recommendation
Hearing
Officer
Hearing / Decision
BOCC
Appeal
BOCC
Hearing/
Decision
One -Step Reviews
Note: All One -Step Reviews follow either
of the above process except Variances
Chapter 2 Review and Approval Procedures
(f) Staff Review and Recommendation
The Community Development Department shall review the application and make a recommendation
pursuant to Sec. 2-20-90. For applications for oil and gas extraction, a site visit may also be required
pursuant to Sec. 2-40-20(e).
(g) Action by Decision -Making Body
The decision -making body indicated in Table 2-1 shall review the application and the staff
recommendation, shall conduct a public meeting or hearing on the application pursuant to Sec.2-20-110,
and shall make a decision to approve, approve with conditions, or deny the application.
(h) Criteria for Approval
(1) General
An application for One -Step Review shall be approved if it complies with (a) all applicable
provisions of this Land Use Code; (b) all applicable Land Use Policies listed in Sec. 1-60, and
(c) all prior development approvals applicable to the subject property.
(2) Special Review Uses or Activities
The BOCC, the Hearing Officer and/or the Community Development Director shall only
approve the proposed special review use or activity if it finds that all of the following criteria are
met:
(a) The special review use shall be consistent with the applicable County Master Plan.
(b) The special review use shall not conflict with any applicable sections of the Pitkin
County Land Use Code, including the County Land Use Policies in Chapter 1.
(c) The proposed development must not materially endanger the public health, safety or
welfare.
(d) The proposed development must not substantially injure the value of adjoining or
abutting property.
(e) The special review use shall be consistent with the intent of the zone district in which
it is proposed to be located.
(f) The special review use shall be compatible with the character of the immediate
vicinity of the parcel proposed for development and surrounding land uses, or shall
enhance the mixture of complimentary uses and activities in the immediate vicinity of the
parcel proposed for development.
Chapter 2 Review and Approval Procedures
(3)
(g) The location, size, design and operating characteristics of the proposed special
review use must be in harmony with the surrounding area and minimize adverse effects,
including visual impacts, impacts on pedestrian and vehicular circulation, traffic
generation, parking, trash, service delivery, air/water pollution or other impacts on
natural resources, noise, vibrations and odor on surrounding properties.
(h) There must be adequate public facilities and services to serve the special review use,
including but not limited to roads, potable water, sewer, solid waste, parks, police, fire
protection, emergency medical services, hospital and medical services, drainage systems,
and schools.
(i) The proposed special review use must comply with any additional standards or
requirements stated for such use in Sec. 4-30 and/or Sec. 2-40-20.
(j) If a Special Review Use ceases or its permitted time period ends, all uses and
structures must immediately be brought into conformance with the underlying zone
district regulations. If cessation of operation is due to demolition or destruction through
any manner not willfully accomplished by the owner, uses/structures may be restored as
of right pursuant to Sec. 9-30-70 of the Land Use Code.
Subdivision Exemption for Fully Developed Lands
(a) A subdivision exemption for fully developed lands may be permitted at the discretion
of the County subject to compliance with standards in this section:
(1) The applicant shall prepare and record with the County Clerk and recorder a
final plat meeting the requirements of Pitkin County Land Use Application
Manual and approved by the Community Development Director.
(2) The subdivision divides land that is fully developed under existing zoning
(one principal use per minimum lot size) and the resulting lots or parcels will
meet the underlying zone district dimensional requirements. However, a
subdivision exemption for fully developed lands that creates non -conforming lots
may be approved if the lots are deed -restricted to affordable housing occupancy
and price restrictions as approved by the Board of County Commissioners and its
housing designee.
(3) An Activity Envelope shall be established, and a Site Plan review completed
for all lots or parcels created through this provision.
(4) Remodeling of an existing residential dwelling unit shall not result in any
change in use, expansion or relocation of footprint, or increase in floor area. The
replacement of any legally established structure shall not result in any change in
use, addition of dwelling units, or expansion of the floor area; however, the
existing footprint may be modified or relocated subject to special review approval
Chapter 2 Review and Approval Procedures
by the Planning and Zoning Commission pursuant to criteria in Sec. 2-30-
30(h)(2).
(5) The development was done in conformance with the law at the time of
development.
(b) For applications that comply with the above criteria, a GMQS exemption is available
pursuant to Sec. 6-30-100(b).
(4) Subdivision Exemption to Create Parcels for Community or Public Facilities or Open Space
A subdivision exemption to create parcels for community and public facilities or public open
space shall be permitted at the discretion of the Board of County Commissioners subject to
compliance with standards in this section.
(a) The subdivision of land for community and public facilities and for creation of open
space parcels for conveyance to Pitkin County is exempt from subdivision subject to
compliance with the standards in Sec. 6-30-120.
(b) This subdivision exemption may be utilized on an existing non -conforming sized lot
or parcel and it may also result in the creation of a non -conforming sized lot or parcel.
(c) Any open space parcel created through this section shall yield a significant public
benefit in terms of public outdoor recreation and/or the scenic enjoyment of the public,
and/or the preservation of a historically important land area, and/or public access to
public lands.
(d) An applicant shall be required to prepare and record with the County Clerk and
Recorder a subdivision exemption plat approved by the Community Development
Director meeting the requirements of Pitkin County Land Use Application Manual.
(e) For applications that comply with applicable criteria, a GMQS exemption is available
pursuant to Sec. 6-30-120.
(5) New Lots in VC and VR Zone Districts
A subdivision exemption for new lots created within the VC and VR zone districts shall be
permitted subject to compliance with standards in this section.
(a) The subdivision divides land within the VC or VR zone districts, and the resulting
lots will meet the underlying zone district's dimensional requirements.
(b) New lots must have frontage on Redstone Boulevard.
(c) The applicant shall prepare a subdivision exemption plat meeting the requirements of
Pitkin County Land Use Application Manual.
Chapter 2 Review and Approval Procedures
(d) For applications that comply with applicable criteria, a GMQS exemption is available
pursuant to Sec. 6-30-130.
(6) Eliminated by Ordinance 028-2014
(7) Road and Easement Vacations
The BOCC may vacate a road or easement at the request of a private landowner(s) or at
insistence of the County subject to compliance with the following standards. For purposes of this
section, the terms "road" and "easement" shall be deemed to include any and all parcels upon
which there has been legally sufficient dedication to the public use and a legally sufficient
public entities.
(a) Vacation shall be approved if it is demonstrated that upon vacation there shall remain
suitable access to public and private land presently accessed by the street or easement
proposed for vacation.
(b) I the o nt of vacatio ghts oway o t„, , e bf the
�N f ons 0 e€
continued use of existing sewer, gas, water, or similar pipelines and appurtenance, for
ditches, canals and appurtenances, and for electric, telephone, and similar lines and
appurtenances. Equestrian, pedestrian, vehicular or other trails may also be reserved by
the Board of County Commissioners.
(c) Any written instrument of vacation or a resubdivision plat approved by the Board of
County Commissioners purporting to vacate or relocate roadways or portions of
roadways that is of record in the counties where the roadways affected are situated for a
period of seven (7) years shall be prima facie evidence of an effective vacation of such
former roadways.
(8) Approval of an Activity Envelope or Site Plans by Hearing Officer
When an application for approval of an Activity Envelope or Site Plan is heard by the Hearing
Officer, either because the Community Development Director has referred the application
pursuant to Sec. 2-30-20(i), because an objection has been submitted, the Hearing Officer shall
apply the same approval criteria that Community Development Department staff would have
applied to an administrative approval of the application under Sec. 2-30-20(g).
(9) Designation to or Removal from Historic Register and Grant of Optional Incentives
(a) Designation of properties to the Pitkin County Historic Register, or the removal of
properties from the Historic Register, are both accomplished through a resolution
approved by the Board of County Commissioners. An application for designation may be
filed by the property owner, the Community Development Director, the Planning and
Zoning Commission, or the Board of County Commissioners.
Chapter 2 Review and Approval Procedures
(b) The criteria for designation of properties to the Historic Register are found in Sec. 7-
20-100.
(a) The Justification for delisting includes, but is not limited to: (i) the loss of
significance due to loss of or damage to the associative qualities or physical
characteristics that make the property or district historic or architecturally important,
or (ii) contradictory information to the analysis and/or findings of the original
designation report. If a request for delisting from the Historic Register is denied, a
new application for delisting may not be filed again for a period of two (2) years from
the date of denial by the Board of County Commissioners.
(b) The Board of County Commissioners may grant optional incentives to properties
designated to the Pitkin County Historic Register, pursuant to Sec. 7-20-100(f).
(10) Location and Extent Review
(a) The purpose of the location and extent review is to determine whether any proposed
road, park, or other public way, ground, or space, or public building or structure or public
utility, whether publicly or privately owned is in conformance with the applicable County
Comprehensive Plan or Master Plan.
(b) The acceptance, widening, removal, extension, relocation, narrowing, vacation,
abandonment, change of use, or sale or lease of or acquisition of land for any road, park,
or other public way, ground, place, property, or structure, shall be subject to similar
submission and approval.
(c) A location and extent review may be undertaken concurrently with any other
applicable County review process.
(d) In the case of disapproval by the Planning and Zoning Commission of a location and
extent review the Commission shall communicate its reasons to the governing body
or official having jurisdiction for the proposed project.
(11) Special Event Venue
An application for a Special Event Venue may be approved if it complies with the standards of
Sec. 4-30-050(k)
(i) Referral to Higher Body
In lieu of making a decision, the Hearing Officer may refer any application to the Board of County
Commissioners for decision pursuant to the criteria in subsection (h) above if the Hearing Officer
determines that:
Chapter 2 Review and Approval Procedures
(a) The application raises a significant public controversy with potential county -wide
importance or impacts; or
(b) The applicant has exerted significant and undue pressure on the Hearing Officer to
interpret this Land Use Code in a novel or ambiguous manner in order to obtain an
approval, or has attempted to influence the decision of the Hearing Officer in an improper
manner
(j) Vested Right
The One -Step Review process will result in the creation of a vested right pursuant to Sec. 2-20-170 in
the following situations only:
(1) When an application for approval of an Activity Envelope or Site Plan is decided by the
Hearing Officer.
(2) When the application is for a major amendment to a Site Specific Development Plan
pursuant to Sec. 2-20-150.
(k) Appeal
Decisions made pursuant to the One -Step Review process may be appealed to those bodies identified in
Table 2-1 pursuant to Sec. 2-20-180.
(Code repealed and reenacted by Ord. 14-D-2006, 07-05-06; § 2-30-30 (part) amended Ord. 023-07, 08-28-
07; Ord. 008-10, 08-11-10; Ord. 019-10, 08-11-10); Ord. 028-2014, 07-23-2014