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HomeMy WebLinkAboutbocc.ord.020.2025 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ADOPTING TEXT/ZONING AMENDMENTS TO THE 2006 PITKIN COUNTY LAND USE CODE, TITLE 8 OF THE PITKIN COUNTY CODE, SPECIFICALLY AMENDING CHAPTER 4, SECTION 4-30-50(B)(3), ACCESSORY AND TEMPORARY USES, USE SPECIFIC STANDARDS FOR TEMPORARY LAND USES AND ACTIVITIES, SEASONAL FARM WORKER HOUSING UNIT ORDINANCE No. 020-2025 RECITALS 1. Pursuant to 30-35-301 C.R.S., the Board of County Commissioners (“BOCC”) of Pitkin County, 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 Home Rule Charter (“HRC”), the BOCC is authorized to take official action by Ordinance for certain matters where action is prescribed pursuant to the Colorado Revised Statutes as amended. 3. Eden Vardy with The Farm Collaborative requests approval by the Board of County Commissioners (“BOCC”) for the following Land Use Code Text Amendments: A. Amending Chapter 4, Section 4-30-50(B)(3), Accessory and Temporary Uses, Use Specific Standards for Temporary Land Uses and Activities, Seasonal Farm Worker Housing Unit (Exhibit A) 4. The Pitkin County Planning and Zoning Commission considered the proposed amendments at a regularly scheduled meeting on December 4, 2024, and recommended approval of the amendments and certified the zoning plan to the BOCC by a vote of 3-0-1, pursuant to Resolution No. PZ-010-2024. 5. The BOCC considered and approved the Ordinance on first reading at a public meeting on January 8, 2025 and a continued public meeting on February 26, 2025. The BOCC adopted the Ordinance on second reading at a duly noticed public hearing on March 12, 2025. 4. The BOCC finds that the proposed text amendment is consistent with Sections 2-30-40(i) and 2-40-10(c) of the Code, the Land Use Policies in the Code, and the Comprehensive Plan, as follows: Ordinance No. 020-2025 Page 2 A. The proposed Code text amendments are consistent with the Pitkin County Comprehensive Plan and the intent to sustain the existing rural character of the County and preserve agricultural lands. B. The proposed zoning amendments will allow for winter habitation for a year-round agricultural operation or on-site storage of the housing unit, subject to the existing criteria in Sec. 4-30-50(b)(3). 8. WHEREAS, The BOCC finds that adoption of this ordinance is in the best interest of the citizens of Pitkin County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts the following text/zoning amendments to the 2006 Pitkin County Land Use Code, Title 8 of the Pitkin County Code, and authorizes the Chair or the Chair’s designee to sign the Ordinance and upon the satisfaction of the County Attorney as to form, execute any other associated documents necessary to complete this matter. Text Amendments to 2006 Pitkin County Land Use Code, Title 8 of the Pitkin County Code, Specifically: • Amending Chapter 4, Section 4-30-50(B)(3), Accessory and Temporary Uses, Use Specific Standards for Temporary Land Uses and Activities, Seasonal Farm Worker Housing Unit (Exhibit A) Ordinance No. 020-2025 Page 3 INTRODUCED ON FIRST READING on the 8th day of January, 2025 and a CONTINUED FIRST READING on the 26th day of February, 2025. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN DAILY NEWS ON THE 20TH DAY OF FEBRUARY, 2025. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 20TH DAY OF FEBRUARY, 2025. APPROVED AND ADOPTED ON SECOND READING AT A PUBLIC HEARING on the 12th day of March, 2025. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN DAILY NEWS ON THE 20TH DAY OF MARCH, 2025. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE 20TH DAY OF MARCH, 2025. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO _______________________ __________________________ Sam Engen Kelly McNicholas Kury, Clerk to the Board Chair Date: _________________________ APPROVED AS TO FORM: APPROVED AS TO CONTENT: ________________________ ____________________________ Richard Y. Neiley Suzanne Wolff, County Attorney Community Development Director Mar-18-2025 Ordinance No. 020-2025 Page 4 EXHIBIT A 4-30-50: ACCESSORY AND TEMPORARY USES (b)Use Specific Standards for Temporary Land Uses and Activities 3)Seasonal Farm Worker Housing Unit: A Recreational Vehicle may be used for seasonal farm worker housing in conjunction with an on-site agricultural operation subject to compliance with the standards in this section and approval of a Temporary Use Permit under Sec. 2-30-30. a)Up to two (2) units may be permitted on a lot/parcel with a minimum of five (5) acres. b)The unit may only be located on a lot/parcel in a zone district where “Farming” or “Ranching” are allowed uses in Table 4-1, but not including RR (Rural Remote), SKI- REC and P-I (Public-Institutional) zone districts. c)The agricultural operation produces and sells food for which the primary purpose is human consumption by the public in Colorado. d)The unit may only remain on-site from March through November, unless: 1.Applicant demonstrates a full-time over-winter producing operation that warrants full-time on-site staff, in which case Applicant may apply for a separate Temporary Use Permit for use from December through February; or 2.Applicant demonstrates with the Temporary Use Permit that the unit will be properly stored, winterized and uninhabited from December through February. e)The unit may only be occupied by workers (and their immediate family) employed full time by the agricultural operation where the seasonal farm worker housing unit is located. f)The unit must provide a minimum of one dedicated bathroom per four inhabitants; and must have electrical power, heat, cooking, bathing and toilet facilities self-contained within the unit with storage of potable, gray and black water. g)The unit must be connected to a permitted power source. Generators are prohibited. h)The unit shall not be connected to on-site water or wastewater systems. i)Applicant shall provide a maintenance contract for waste removal. j)The unit shall be sited outside of constrained areas and in compliance with required setbacks. k)The unit shall be accessed from an existing driveway or roadway. Ordinance No. 020-2025 Page 5 l) The unit shall be screened to the maximum extent practicable from public roads and neighboring residences. m)All refuse shall be contained within an approved Wildlife Proof Refuse Container or a refuse container which is stored within an approved Wildlife Proof DumpsterEnclosure. n)Fires are prohibited. o)Exterior lighting is prohibited, except as required for safety. p)Dogs shall be kenneled. q) The unit shall comply with National Fire Protection Association (NFPA) 1192 and 1194.