HomeMy WebLinkAboutbocc.ord.004.2004AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO, REPEALING ORDINANCE NOS. 13-2003 AND
19-2003, TERMINATING THE TEMPORARy MORATORIUM IN THE OWL
CREEK AND BRUSH CREEK AREAS OF PITKIN COUNTY
ORDINANCE No. O0~/ -2004
RECITALS
1. The Board of County Commissioners enacted a temporary emergency
ordinance establishing a moratorium for certain parts of the Owl Creek and Brush Creek
Valleys on March 12, 2003 by Ordinance #13-2003.
2. Originally, it was anticipated that this temporary moratorium would be in place
for sixty (60) days.
3. The emergency ordinance establishing the temporary moratorium was amended
on May 14, 2003 by Ordinance # 19-2003, to state that the Board of County Commissioners
anticipated the temporary moratorium to last until January 1, 2004.
4. The stated purpose of the moratorium was to conduct a comprehensive study of
appropriate zoning and development regulations for the moratorium area.
5. Since the enactment of the moratorium, Pitkin County, through its Planning
and Zoning Commission, has adopted a master plan for the moratorium area. This master
plan recognized the moratorium area as having extensive critical wildlife habitat and
migratory corridors for deer and elk herds.
6. The Board of County Commissioners has endeavored to adopt regulations
reflective of the master plan recommendations, which would preserve, to the greatest extent
possible, the critical wildlife habitat in the moratorium area. To that end, the Board of County
Commissioners has crafted a new zone district to be applied to certain properties within the
moratorium area and reviewed the regulations pertaining to areas of state and local interest
that are applicable within the moratorium area. The zoning changes seek to limit development
density and intensity and the regulatory changes seek to expand protection of critical wildlife
habitat areas.
7. It is the current opinion of the Board of County Commissioners that changes to
the regulations concerning areas of state and local interest, particularly those relating to
wildlife habitat, be adopted and applied County-wide to all areas Within Pitkin County having
critical wildlife habitat. The discussion by the Board of County Commissioners relating to
these regulatory changes, which occurred on November 18, 2003, indicates that more work is
needed to develop the protection, delineation and definition of buffer zones around critical
wildlife habitats.
8. In consideration of the longer than anticipated time for completion of these
regulations and their anticipated application to the entire County and therefore, far beyond the
boundaries of the current moratorium area, the Board of County Commissioners finds that it
would be inappropriate to continue this moratorium beyond this date.
NOW, THEREFORE, BE IT ORDAINED by the Board of Comity Commissioners
of Pitkin County, Colorado, that Ordinance No. 13-2003 and No. 19-2003 are hereby repealed
and the moratorium established on March 12, 2003 for areas of Owl Creek and Brush Creek
Valleys is hereby terminated and the provisions of that moratorium are no longer binding and
controlling.
INTRODUCED AND ADOPTED AT THE REGULAR MEETING ON THE 28TM DAY
OF JANUARY 2004 AND SET FOR CONFIRMATORY READING AND PUBLIC
HEARING ON THE 25TM DAY OF FEBRUARY 2004.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY
ON THE 7TM DAY OF FEBRUARY 2004.
CONFIRMED AT PUBLIC HEARING ON THE ~8TM DAY OF FEBRUARY 2004.
PUBLISHF2D. AFTER ADOPTION IN THE ASPEN TIMES THE/¢
DAY OF~-2~ _ ~004~st"q¢*o~*a'J WEEKLY ON
THIS ORDINANCE IS EFFECTIVE ON JANUARY 28, 2004.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Dorothea Farris, Chair
Date: o~ -,5- ~ Og
APPROVED AS TO FORM:
Asr~f_am~ounty Attorney
Hilary F_l~tc~er Smith
County MYanager