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HomeMy WebLinkAboutboccminspec06262007LUC WORK SESSION AGENDA Plaza One Meeting Room TUESDAY, JUNE 26, 2007 (Commissioner Clapper & Richards Not Present) 10:30 AM I. SPECIAL MEETING Executive Session ADJOURN SPECIAL MEETING ]1:30AM 2. Prep for Meeting with Sky West and United Officials, Jim Elwood 12 NOON EMPLOYEE ANNIVERSARY PICNIC 1:00 PM 3. 2007 Legislative Review and 2008 Legislative Issues, Danny Tomlinson 2:00 4. Memos of Interest Future Agendas/Agenda Requests/Monthly Calendar BOCC Open Discussion 3:30 PM V":OO PM 7:00 PM BREAK 5. SPECIAL MEETING - I ST Reading Joint Meeting with Planning & Zoning - Land Use Code Amendments ADJOURN SPECIAL MEETING APPROVED SEPTEMBER 12, 2007 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS SPECIAL JOINT MEETING WITH PLANNING & ZONING COMMISSION ON LAND USE CODE AMENDMENTS JUNE 26, 2007 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR JUNE 26, 2007. CALL TO ORDER: Chairman Michael M. Owsley called the Board of County Commissioners to order at 4:00 PM. COUNTY COMMISSION MEMBERS PRESENT: Michael M. Owsley, Dorothea Farris, and Jack Hatfield. COMMISSION MEMBERS ABSENT: Commissioners Rachel Richards was not present and Commissioner Kay-Clapper was out on medical leave. Commissioner Farris moved to open the special meeting at 4:0S PM. Commissioner Hatfield seconded the motion. Motion passed 3 to 0 with Commissioners Richards and Kay-Clapper not present. PLANNING & ZONING COMMISION MEMBERS PRESENT: Paul Rudnick, John Howard, Michael Augello, and Sidney Smock. STAFF PRESENT: Director of Community Development, Cindy Houben; Senior Long Range Planner, Ellen Sassano; Assistant Director of Community Development, Lance Clarke; County Planner, Michael Kraemer; and County Attorney, John Ely. ALSO PRESENT: Helen Slansky, Sue Helm, Freida Wallison, and Marty Pickett, Executive Director of RMI, and Tim Malloy, representing RMI. Also commenting at today's meeting was Peter Martin from Redstone. BOARD OF COUNTY COMMISSIONERS I SPECIAL MEETING JUNE 26, 2007 Planning & Zoning Commissioner John Howard opened the P&Z special meeting with the BOCC. Commissioner Augello seconded the motion. Motion passed 4 to O. FIRST READING ON ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AMENDING CARETAKER DWELLING UNIT, SLOPE DENSITY REDUCTION, FLOOR AREA MEASUREMENT, EXPANSION OF NON-CONFORMING USE, ONE STEP REVIEW PROCEDURE, & DEFINITION FOR CRAWL SPACE PROVISIONS OF THE LAND USE CODE - MOTION TO APPROVE, AS AMENDED SECTION 9-50-40 - EXPANSION OR REDEVELOPMENT OF NON- CONFORMING CIVIC & INSTITUTIONAL USES Lance Clarke proceeded with his presentation specifically on Section 9-50-40, Expansion or Redevelopment of Non-Conforming Civic & Institutional Uses as outlined in the packet material. The underlined portions of Exhibit "A" in the packet material show the new language to the Code that staff is considering tonight. Mr. Clarke pointed out two typographical errors on the first page of Exhibit A in paragraph 5, the ih line down shows (Including mitigation of visual impacts). The "I" in including does not need to be capitalized. On the same page under (b)(2), the sentence should read, "If the development has been undertaken on two or more properties that are not contiguous.... ...then the standards and criteria of this section shall be applied etc. Mr. Clarke also informed the boards that page 2 of Exhibit A shows a new provision that staff added. It reads, "If the existing, legally established non-conforming civic and institutional use ceases operation for any consecutive 12-month period, all uses and structures must immediately be brought in to conformance with the underlying zone district regulations". P&Z Commissioner John Howard made the following disclosure. He pointed to the referral letter from the Snowmass/Capitol Creek Caucus over his signature as the Vice-President. He said that other members of the Caucus are present here tonight and can speak on behalf of the Caucus in his place. With regard to the Caucus, he said that he has abstained from every vote going back to August 2005 with the original RMI application that came through and all of the subsequent votes on this particular matter. Commissioner Hatfield asked for a clarification on Exhibit A, page 1, (a) Standards, (4) (a) which reads, "any increase in the floor area of more than BOARD OF COUNTY COMMISSIONERS 2 SPECIAL MEETING JUNE 26, 2007 a cumulative total of 20% of the existing developed floor area of the non- conforming use on the property". He asked 20% of what? STAFF DIRECTION - After a short discussion on this, staff will work on clarifying the language on this part of Exhibit A, (a) Standards, (4) (a). Chairman Owsley opened the hearing to public comment. Helen Slansky, Sue Helm, Freida Wallison, and Marty Pickett, Executive Director of RMI, were very supportive of this amendment. The Caucus voted 7-4 in favor of this change. Tim Malloy represents RMI. He had two technical questions for staff regarding construction periods and structures being brought into compliance with the underlying zoning. It is in reference to the last clause added by staff and referenced as (b) Additional Review Guidelines - (c) Reversion to Underlying Zoning (1). Lance Clarke said that staff was trying to not promote an Elk Mountain Lodge type of thing. He responded to Tim Malloy with staff direction given by P&Z Commissioner Rudnick. STAFF DIRECTION - P&Z Commissioner Rudnick asked if it was the same issue with casualties. He asked if there wasn't a general exception for this in the Code and was informed that there was. He suggested that the general section be referenced. Chairman Owsley said that he thinks if you are ceasing an operation for whatever reason, you are not going to want to invest in tearing down your buildings. He suggests that the buyer should be responsible for it, not the owner who is ceasing the operation. Ms. Houben said that it is the owners of the property who are responsible for that conformance. She does not want to get into a seller or buyer type of discussion in the Code. Mr. Malloy spoke directly to RMI and what could happen when, and if, they sell their property. Mr. Clarke added that this was written to be a use that's approved in the Master Plan. P&Z MOTION - Commissioner Howard moved to recommend to the BOCC that they approve the language as presented by staff, with typographical corrections, along with a twelve (12) month cessation of use that could be extended per general Code provisions to allow for rebuilding should there BOARD OF COUNTY COMMISSIONERS 3 SPECIAL MEETING JUNE 26, 2007 be a casualty (and later than twelve (12) months, if necessary, due to a natural disaster). NOTE: Lance Clarke informed the board that right now it doesn't have any timing. After Commissioner Howard's motion was made, a discussion developed on natural disasters. It was decided to make them part of the Master Plan. P&Z RESTATED MOTION - Commissioner Howard restated his motion to recommend to the BOCC that they approve the language as presented by staff, with typographical corrections. He said that the intent is for both the construction period to be allowed to exceed that twelve (12) month period and any delay that might be caught by casualty. This will be covered in the Master Plan. Commissioner Augello seconded the motion. Motion passed 4to O. BOCC MOTION - Commissioner Hatfield moved to support the P&Z recommendation as articulated. Commissioner Farris seconded the motion. Motion passed 3 to 0 with Commissioner Richards and Commissioner Kay-Clapper not present. A 15-MINUTE BREAK WAS TAKEN BY BOTH BOARDS AT THIS TIME. THE BOARDS RECONVENED AT 5:30 PM. CONTINUED FIRST READING ON ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ADOPTING AN AMENDMENT TO THE PITKIN COUNTY LAND USE CODE SECTION 2- 40, ADDING A NEW PROVISION FOR OPEN SPACE MASTER PLAN REVIEW AND PROCESSES, SECTION 2-40-170 - MOTION TO APPROVE, AS AMENDED On June 5, 2007, both boards recommended adoption with some changes to the proposed text. John Ely, County Attorney discussed each of those changes as shown in Attachment 3, the Agenda Item Summary as well as siting restrictions. Mr. Ely said that there were eight (8) points that the P&Z sought to have changed and the BOCC accepted at first reading. These eight (8) points are shown in the Agenda Item Summary shown as Attachment 3 in today's packet. NOTE: There are two number 4s in the list of eight points. Mr. Ely apologized for the confusion. Discussion ensued among the board members, staff and the public regarding the above eight (8) points. BOARD OF COUNTY COMMISSIONERS 4 SPECIAL MEETING JUNE 26, 2007 It was proposed that under Open Space Preservation Master Plan (b) (2) the last sentence should end after the words "160 acres or larger" where a period would be placed. John Ely stated that the suggested language that he would like to add based on the dialogue would be: . To reflect within paragraph (a) General under Open Space Preservation Master Plan the following wording: The intent of this Code Provision is to preserve entire integrated ranches or other large parcels of land. . In paragraph (b) (2) Standards, leave it as proposed with a comma where the existing period is and add the following wording: Unless the Subdivision or other Division has not materially impaired the conservation values of the property. . In paragraph (c) (3) Procedure, add in: the majority of the entire Open Space and Trails Board and majority vote of the entire Board of County Commissioners. P&Z MOTION - Commissioner Howard moved to approve staff's recommended language for the Open Space Preservation Master Plan with the three changes outlined by John Ely. One with the intent in paragraph (a) in General; paragraph (b) (2) regarding the value of the open space conservation; and paragraph (c) (3) defining what majority means. Commissioner Augello seconded the motion. Motion passed 4 to O. NOTE: Chairman Rudnick informed staff of a typographical error under paragraph (a) where the B in Section B is capitalized. It should not be capitalized. BOCC MOTION - Commissioner Farris moved to accept the recommendation of P&Z. Commissioner Owsley seconded the motion. Motion passed 2 to 1 with Commissioner Hatfield voting nay as he said it waters down the Code, eliminates P&Z from Land Use, substitutes Open Space and Board, allows previous subdivision, may include properties within incorporated municipalities and allows variations from standard of the Code. Commissioner Richards and Commissioner Kay-Clapper not present. SECTION 4-30-S0: ACCESSORY AND TEMPORARY USES - RE: OFF STREET PARKING REQUIREMENTS FOR CARETAKER DWELLING UNITS Ellen Sassano proceeded with her presentation on this item. After a limited discussion on this issue, a recommendation was given by P&Z. BOARD OF COUNTY COMMISSIONERS 5 SPECIAL MEETING JUNE 26, 2007 P&Z MOTION - Commissioner Howard moved to recommend to the BOCC that they accept staff's recommendation of alternative #2 which states, increase parking requirement to two spaces per caretaker dwelling unit to allow for realistic occupancy in a 1000 s.f. unit; (Increasing requirement for off-street parking will keep overflow cars from parking on roads, keeping roads accessible for fire access). Commissioner Augello seconded the motion. Motion passed 4 to O. BOCC MOTION - Commissioner Hatfield moved to accept P&Z's recommendation. Commissioner Farris seconded the motion. Motion passed 3 to 0 with Commissioner Richards and Commissioner Kay-Clapper not present. SECTION 5-10-20 - REDUCTION IN DENSITY FOR STEEP SLOPES Ms. Sassano gave a brief explanation of this issue. Discussion carried on among the boards and staff. P&Z MOTION - Commissioner Howard moved to recommend to the BOCC that they accept staff's recommendation of alternative #2 which states, revise provision to include the following reference and standard: a. Update Code to reference mapping that is available through the GIS Department; b. Require slope analysis using ten (10) foot contoured topography; and/or c. In the event that ten (10) foot contours do not provide enough detail to adequately determine slope, a certified survey delineating two (2) foot contours may be required at Community Development Director's discretion. Commissioner Howard said that he would like to see language added that addresses specific areas at the County Planner's discretion if they don't need to do the entirety of the parcel because that may be overkill. Commissioner Smock seconded the motion. Motion passed 4 to O. NOTE: BOCC Commissioner Hatfield interjected the following that would be added to the P&Z motion: in paragraph (b) the words FOR EXAMPLE would be added to the beginning of the first sentence. (This addition to the P&Z motion was acceptable to Commissioner Howard and Commissioner Smock.) BOCC MOTION - Commissioner Farris moved to accept the P&Z recommendation. Commissioner Hatfield seconded the motion. Motion passed 3 to 0 with Commissioner Richards and Commissioner Kay-Clapper not present. BOARD OF COUNTY COMMISSIONERS 6 SPECIAL MEETING JUNE 26, 2007 SECTION 5-20-70 - MEASUREMENT OF FLOOR AREA (ChanQe to ParaQraph (Q) (1) (e) below Qrade space and ParaQraph (d) Crawl Spaces Ms. Sassano gave her presentation on these requested changes. After a short discussion, Commissioner Rudnick wanted to further discuss below grade space (not including crawl space). P&Z MOTION [BELOW GRADE SPACE] - Commissioner Smock moved to recommend to the BOCC that below grade space outside (beyond) the footprint of the house is not exempt from floor area calculations. Continue the first reading on this and have staff bring this back after discussions with Joanna Schaffner, the Pitkin County Zoning Officer as to what the implications might be. Commissioner Rudnick seconded the motion. Motion passed 4 to O. CLARIFICATION -In order to clarify the discussion and motion, Lance Clarke stated that what one would get in a sub-grade is whatever floor area is below the foundation walls up to a maximum of 4,000 feet would be exempt from floor area calculations, but still counts against growth management. BOCC MOTION [BELOW GRADE SPACE] - Commissioner Farris moved to accept the P&Z recommendation, as stated, and continue the first reading to allow review of the proposal based upon P&Z's recommendation. Chairman Owsley seconded the motion. Motion passed 2 to 1 with Commissioner Hatfield voting nay because he does not want to encourage the continual use of sub-grade space. He wants to discourage it or eliminate it. Commissioner Richards and Commissioner Kay-Clapper not present. P&Z MOTION [CRAWL SPACE] - Commissioner Smock moved to accept staff's recommendation of alternative #2 which states, crawl space means an area below the first usable floor of a building or portion of a building, excludinQ decks, patios and terraces. Commissioner Howard seconded the motion. Motion passed 4 to O. BOCC MOTION [CRAWL SPACE] - Commissioner Farris moved to accept the P&Z recommendation with the addition of the words within PRIMARY foundation walls. Commissioner Hatfield seconded the motion. Motion passed 3 to 0 with Commissioner Richards and Commissioner Kay-Clapper not present. ADJOURNMENT: BOARD OF COUNTY COMMISSIONERS 7 SPECIAL MEETING JUNE 26, 2007 Commissioner Farris moved to adjourn the meeting at 7:20 PM. Commissioner Hatfield seconded the motion. Motion passed 3 to 0 with Commissioner Richards and Commissioner Kay-Clapper not present. BOARD OF COUNTY COMMISSIONERS 8 SPECIAL MEETING JUNE 26, 2007 Respectfully submitted, ./ . I ;/;;: 1!/ JUtfl X . A/-t141 Lynde.e R. Dean C to the Boar County Commissioners I. J glbocclmin utes\2007106262007 BOARD OF COUNTY COMMISSIONERS 9 SPECIAL MEETING JUNE 26, 2007 Respectfully submitted, ,y~ x:: ~41 (,L~~lf;?1 Dean C t the Boar County Commissioners \(1'<(' Chairman of the itkin County Planning and Zoning Commission glbocclminutes\2007\06262007 BOARD OF COUNTY COMMISSIONERS 9 SPECIAL MEETING JUNE 26, 2007