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HomeMy WebLinkAboutboccminspec07172007LUC PITKIN COUNTY COMMISSIONERS WORK SESSION AGENDA Plaza One Meeting Room TUESDAY , JULY 17, 2007 (Commissioner Farris not present) 10:00 AM -12:00 11:30 I :30 I. 12:00 Noon 1:00 PM 2. 2:00 3. 2:30 4. 3:45 ~OPM 5. 7:00 PM EXECUTIVE SESSION/SPECIAL MEETING ADJOURN SPECIAL MEETING EOTC Meeting Prep, Brian Pettet LUNCH BREAK New On Site Wastewater Treatment System Regulations, Carla Ostberg, Rose Ann Sullivan Housing IGA Amendments, Tom McCabe Memos ofInterest Futurc Agendas/Agenda Requests/Monthly Calendar BOCC Open Discussion ADJOURN SPECIAL MEETING - I ST Reading and Public Hearing Joint Meeting with Planning & Zoning - Land Use Code Amendments ADJOURN SPECIAL MEETING WEDNESDAY & THURSDAY, JULY 18 & 19 Transportation Commission- CDOT Headquarters Auditorium, Denver WEDNESDAY & THURSDAY, JULY 18 & 19 CLUB 20 -Durango . Water . Energy . Agriculture . Public Lands . Natural Rcsources THURSDAY, JULY, 19,2007 4:00 PM ELECTED OFFICIALS TRANSPORTATION COMMITTTEE Snowmass Village Council Chambers APPROVED SEPTEMBER 12, 2007 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS SPECIAL JOINT MEETING WITH PLANNING & ZONING COMMISSION ON LAND USE CODE AMENDMENTS JULY 17, 2007 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR JULY 17, 2007. CALL TO ORDER: Chairman Michael M. Owsley called the Board of County Commissioners to order at 4: 15 PM. COUNTY COMMISSION MEMBERS PRESENT: Michael M. Owsley, Patti Kay- Clapper, Jack Hatfield and Rachel Richards (who left the meeting for another meeting scheduled in Durango the next morning) COMMISSION MEMBERS ABSENT: Commissioner Dorothea Farris was attending the National Association of Counties meeting. Commissioner Richards left the meeting after she determined that there were three voting members present. ALSO PRESENT FROM THE PUBLIC: Grafton Smith Commissioner Hatfield moved to open the Board of County Commissioners' special meeting at 4:16 PM. Commissioner Kay-Clapper seconded the motion. Motion passed 3 to 0 with Commissioner Dorothea Farris and Commissioner Richards not present. PLANNING & ZONING COMMISION MEMBERS PRESENT: Paul Rudnick, John Howard, Joseph Krabacher and Mirte Mallory Commissioner Howard opened the Planning and Zoning Commissioners' meeting at 4:17 PM. Commissioner Mallory seconded the motion. Motion passed 4 to O. BOARD OF COUNTY COMMISSIONERS I SPECIAL MEETING JULY 17, 2007 STAFF PRESENT:_Director of Community Development, Cindy Houben; Senior Long Range Planner, Ellen Sassano; Assistant Director of Community Development, Lance Clarke; and Assistant County Attorney, Chris Seldin FIRST READING ON ORDINANCE ADOPTING AMENDMENTS TO SECTIONS OF THE PITKIN COUNTY LAND USE CODE, INCLUDING THE CD-PUD ZONE DISTRICT, STEEP AND POTENTIALLY UNSTABLE SLOPES, EXEMPT DEVELOPMENT ACTIVITY, WILDLIFE HABITAT AREA, GENERAL STANDARDS FOR ALLOTMENTS AND (GROWTH MANAGEMENT) COMPETITION, AND STANDARDS FOR SCORING GMQS APPLICATIONS FOR RESIDENTIAL ALLOTMENTS - MOTION TO APPROVE, AS AMENDED WITH THE EXCEPTION OF THE GENERAL STANDARDS FOR ALLOTMENTS AND (GROWTH MANAGEMENT) COMPETITION WHICH WAS DENIED ALONG WITH STAFF DIRECTION Commissioner Richards announced that she had a meeting in Durango early in the morning. She wanted to make sure, however, that there were at least three Commissioners present at today's meeting. Therefore, she left the meeting at this time. Senior Long Range Planner, Ellen Sassano began her presentation by summarizing today's items in the packet. Commissioner Kay-Clapper asked that Ms. Sassano speak to any "hot spots" on today's items. SECTION 3-70-40 - CD-PUD (CONSERVATION DEVELOPMENT PUD) At a prior meeting, the boards asked staff to look into the "family compound" concept. Staff suggested that the "compound" option be limited to parcels that are 600-acres or more so that there's some acknowledgement of density. Staff also suggested that where three (3) principal residences might be allowed on 600-acre parcels that those parcels still be limited to two (2) caretaker dwelling units. Those principal residences would still be limited to a combined total square footage of 15,000 square feet at the most, assuming that square footage is allowed in that Caucus area. Staff also added a provision that tries to preclude condominiumization in the event that people have several residences on one parcel. Ms. Sassano's presentation prompted much discussion on this Section of the Code. Some of the concerns addressed were condominiumization, uses by Special Review, impacts resulting from Special Review uses, monetary profit regarding AG use, AG tax classification, family compounds. BOARD OF COUNTY COMMISSIONERS 2 SPECIAL MEETING JULY 17, 2007 Pages 3 and 4 of Exhibit A in today's meeting packet under (g) (2) and (g) (3) (b) discuss the Frying Pan Caucus. Square footage caps for various Caucuses were called into question as they appear in the Code. Commissioner Mallory pointed out that on page 3 it states that within the Frying Pan Caucus, the final maximum floor area for principal structures shall be limited to eight thousand (8,000) square feet. But, on page 4 it states within the Frying Pan Caucus area specifically, eight thousand two hundred fifty (8,250) square feet of residential floor area for principal structures shall be exempt from GMQS.... P&Z MOTION - Commissioner Krabacher moved to recommend to the BOCC that they approve, as proposed by staff, with the comments of the additional conditions that were: ,/ Bed and Breakfasts would be moved to a Special Review use. ,/ Farming or ranching profit language be looked at and cleaned up by staff and clean it up. ,/ Under Special Review there would be some language to re-enforce the intent of the Zone that the CD-PUD is for conservation purposes. ,/ Look into the cap in the Frying Pan Caucus as to whether it's 8,000 or 8,250 square feet and make correction in the Code. Commissioner Mallory seconded the motion, but also noted that there is an 8,250 on page 7 for the Frying Pan Caucus under (4) (b). Chris Seldin questioned page 3 of Exhibit A, (g) (2), the second paragraph that reads in part, ".....with no individual, or combination of two principal structures exceeding that limitation". NOTE - DIRECTION TO STAFF: Staff will amend that portion of the above sentence to show two or three principal structures exceeding that limitation, as applicable. Chairman Rudnick called the question. Motion passed 3 to 1 with Commissioner Howard voting nay as he does not agree with the 600-acre provision. He thinks it should be limited to two houses and two caretaker units. BOCC MOTION - Commissioner Hatfield moved to accept the P&Z recommendation. Commissioner Kay-Clapper seconded the motion. Cindy Houben recapped the various pieces of the P&Z motion that gave direction to staff. They were: 1 Page 1, Exhibit A, permitted uses (1) (b) is to be clarified that it is NOT A PERMITTED USE in the Option 1. BOARD OF COUNTY COMMISSIONERS 3 SPECIAL MEETING JULY 17, 2007 2 Bed and Breakfast is no longer available as a permitted use in Option 1, but is a special review use in Option 2. 3 As part of the Special Review Uses for Commercial Agricultural Development Options only these are subject to the impacts of the overall intent of the conservation easement (note: just to make sure that people don't forget the reason why the boards are doing this). 4 On page 3, (g) (2) the second paragraph will be amended to show two or three principal structures. 5 Clarify on page 4 and 7 the 8250 square feet shown for the Frying Pan Caucus Chairman Owsley called the question. Motion passed 3 to 0 with Commissioner Farris and Commissioner Richards not present. SECTION 7-20-20 - STEEP AND POTENTIALLY UNSTABLE SLOPES Ms. Sassano gave the boards a short presentation on this issue. She informed them that staff has seen so much slope development that more standards would be needed and that it needed to be a stand alone section. When staff pulled the steep and potentially unstable slope provisions out of the geologic hazards section, they inadvertently omitted deleted a section that they intended to remain intact. That section is one they've used in practice for years and has been a policy for years. It relates to development of public trails on steep slopes. Staff has historically exempted development of public trails on steep slopes still requiring that type of development to go through site plan review, but specifically exempted them from the steep slope standards. Staff's recommendation is to add that exemption back into the steep and potentially unstable slope provision basically to continue on as they have historically. P&Z MOTION - Commissioner Rudnick moved to recommend to the BOCC that they accept staff's recommendation. Commissioner Mallory seconded the motion. Motion passed 4 to O. BOCC MOTION - Commissioner Kay-Clapper moved to accept P&Z's recommendation. Commissioner Hatfield seconded the motion. Motion passed 3 to 0 with Commissioner Farris and Commissioner Richards not present. SECTION 7-10-30 - EXEMPT DEVELOPMENT ACTIVITIES Lance Clarke told the boards that this was a glitch that staff found in the Code. He noted that it was actually working with Grafton Smith that staff found this "loophole". Refer to Exhibit C, page 1 in today's meeting packet. BOARD OF COUNTY COMMISSIONERS 4 SPECIAL MEETING JULY 17, 2007 Mr. Clarke read (b) of the section that reads, "remodeling, expansion or reconstruction of any existing structure provided there is no expansion or construction of a structure into a constrained area". He said that the way it reads is that that development is totally exempt from Chapter 7, which is all of the County's development standards. So, in theory, if someone is reconstructing a house they are exempt from historic preservation, scenic review, landscaping/vegetation protection, lighting, roads/driveways, parking, water supplies, etc. This was clearly not the intent of this provision. Staff is recommending a change to the first paragraph sentence in order that it reads, "The following activities are exempt from review for compliance with the standards in Sections 7-10-40 through 7-20-90. P&Z MOTION - Commissioner Krabacher moved to recommend to the BOCC that they accept staff's recommendation. Commissioner Howard seconded the motion. Motion passed 4 to O. Grafton Smith said that what he liked about the exemption was that if you're not into a constrained area then they do need to file an activity envelope or site plan application, but if now you have to address all those issues that aren't covered in Section 7-10-40 through 7-20-90 then you're filing an application. And, then the question is what form does that have to take? The other thing Mr. Smith spoke to was that he said in the definition of constrained area it says that constrained area is defined in the wildfire section as low to moderate. Then when he asked staff what low to moderate meant they said all of low and all of moderate. He said that there's nothing less than moderate than zero which is the surface of a pond. So therefore, constrained areas is every wildfire hazard from low to moderate to both sets of severe so there is no exemption. He thought this might be an opportunity to clear up the definition of constrained area. Discussion ensued on this. Staff will look into the ramifications of redefining this. Ms. Sassano informed the board that staff will be coming back to the board with some revisions to that wildfire section and address the fact that basically one cannot be outside of a wildfire hazard area. Nonetheless, she said that the board may want to change the definition for constrained to eliminate that low hazard as being constrained. AMENDED P&Z MOTION - Commissioner Krabacher amended his motion to add looking at the definition of constrained area in the context of the wildfire regulations when they come through assuming the board will modify that it would address Grafton's (Smith) concern and this language BOARD OF COUNTY COMMISSIONERS 5 SPECIAL MEETING JULY 17, 2007 could just go into the Code the way it's written. Commissioner Howard was acceptable to this amendment. Motion passed 4 to O. BOCC MOTION - Commissioner Hatfield moved to follow the P&Z direction relative to amending 7-10-30. Commissioner Kay-Clapper seconded the motion. Motion passed 3 to 0 with Commissioner Farris and Commissioner Richards not present. SECTION 7-20-70 - WILDLIFE HABITAT AREAS (SPECIFICALLY GENERAL BUFFER STANDARDS) Ms. Sassano proceeded with her presentation on this portion of the Code found in Exhibit D, page 2 of today's meeting packet. She told the board that a member of the public pointed out the fact that we have buffer standards for most of the critical habitat areas, but none for production areas for elk, deer and big horn sheep. Staff is recommending that a buffer of Y. mile be added to the provision. It would be a Y. mile between any structures or buildings in production areas. The DOW said that a Y. mile was reasonable. NOTE: under General Buffer Standards the buffer distances are stated, "unless Pitkin County or the Colorado DOW suggests that a different buffer is appropriate due to unusual wildlife factors.. ..." So, there is some leeway there given site specific circumstances. P&Z MOTION - Commissioner Mallory moved to recommend to the BOCC that they approve staff's recommendation. Commissioner Krabacher seconded the motion. Motion passed 4 to O. BOCC MOTION - Commissioner Hatfield moved to accept P&Z's recommendation relative to wildlife habitat areas and general buffer standards and asked for input from Open Space and Trails for second reading. Commissioner Kay-Clapper seconded the motion. Motion passed 3 to 0 with Commissioner Farris and Commissioner Richards not present. ADOPTION OF NEW DOW MAPS AND UPDATED WILDLIFE HABITAT MAPS Ms. Sassano addressed the County wildlife maps and DOW maps. The DOW no longer uses the wildlife RIS maps (Resource Information System) which are referred to in the Land Use Code. They have put in its place Species Activities Maps (SAM). Staff is deleting the reference to Wildlife Resource Information System (RIS) maps in the Code and replacing that reference with Species Activities Maps (SAM). BOARD OF COUNTY COMMISSIONERS 6 SPECIAL MEETING JULY 17, 2007 In addition, staff has updated the terminology in the Code to make sure that it coincides with the terminology on the new maps. One of the terms that have been deleted is critical wildlife habitat. Ms. Sassano said that she is waiting for Kevin Wright to get back to her on why that has been deleted. Staff is trying to make our language consistent with those maps as they always have. Also, staff added language in paragraph (a) on page 1 of Exhibit D that says these wildlife maps which are maintained in the Community Development Department MAY BE AMENDED FROM TIME TO TIME by the Colorado Division of Wildlife. These amendments could then take place without the BOCC having to adopt every amendment that comes down the line. Another change that is not in the draft was presented to the board by Ms. Sassano. Under (a) Wildlife Habitat Maps on Exhibit D, the first sentence reads, "Areas of designated wildlife habitat are shown on the adopted County Species Activity Maps.....". Staff wishes to delete the word ADOPTED and say instead, "Areas of designated wildlife habitat are shown on the County Species Activity Maps, which are maintained in the Community Development Department AND ARE HEREBY ADOPTED BY REFERENCE..." Commissioner Kay-Clapper questioned the term "County Species Activity Maps" asking if they were truly Pitkin County maps. Ms. Sassano said that the County has a GIS layer that identifies the species activity. Short discussion ensued on Commissioner Kay-Clapper's question. AMENDMENT TO STAFF CHANGE - It was decided to shorten the wording and instead add the words "Colorado Division of Wildlife" in front of the words Species Activity Maps. P&Z MOTION - Commissioner Mallory moved to recommend to the BOCC that they adopt number 4, the adoption of the DOW maps hereby referenced with the following modifications: ./ Areas of designed wildlife habitat are shown on the Colorado Division of Wildlife's SAM (Species Activity Maps) maps which are maintained in the Community Development Department and are hereby adopted by reference and may be amended from time to time by the Colorado Division of Wildlife. ./ This includes the deletion of the word "adopted" and the word "County" . ,( And, additional changes as stated by staff in this presentation. Chairman Rudnick seconded the motion. Motion passed 4 to O. BOARD OF COUNTY COMMISSIONERS 7 SPECIAL MEETING JULY 17, 2007 BOCC MOTION - Commissioner Kay-Clapper moved to accept the P&Z recommendation and to direct staff to further investigate the issue of elimination of "critical wildlife" with response from the DOW. Commissioner Hatfield seconded the motion. Motion passed 3 to 0 with Commissioner Farris and Commissioner Richards not present. Assistant County Attorney Chris Seldin had to leave the meeting at this time to attend another meeting down valley. SECTION 6-40-20 - GENERAL STANDARDS FOR ALLOTMENTS AND (GROWTH MANAGEMENT) COMPETITION (PROPORTIONALITY) Lance Clarke proceeded with this presentation using Exhibit E. One of the issues that crops up every time, he said, is when people want to give money and they want to get points for that. He reads the language in the existing new Code shown on Exhibit E as (f) Proportionality, as well as the language suggested by staff shown as the paragraph just below that. That additional language reads as follows: "Where an applicant seeks points for a monetary commitment, there shall be a demonstrated Community benefit and/or need for the project/improvement/entity being funded; a specific budget defined for the project/improvement/entity; and the financial commitment shall comprise a significant portion of the budget for the project/improvement/entity being funded. Discussion developed on this issue. Staff said that they feel there should be no monetary contributions for points. You should have to do things such as improve the water quality or put in an exceptional landscaping plan, for example. Some of the ideas discussed by the Commissioners were money having to offset the impacts of the development as well as localization of the contribution itself. Some thought that it would give the County better projects and there could be a better consistency. In response to a question from Grafton Smith, Lance Clarke said that if there were one GM application and someone was asking for 5,000 feet, staff would expect more from them than if they were asking for 500 feet. Mr. Smith would like to see some clarification on the idea of "demonstrating". Also, as a general statement, GMQS is the system. TDRs are an exemption from the system. So, if you don't want to do all of this and wait six months for a maybe, then he suggests you go out and buy a TDR. BOARD OF COUNTY COMMISSIONERS 8 SPECIAL MEETING JULY 17, 2007 STAFF RECOMMENDATION - Ms. Sassano said that based on what she's hearing, we keep the existing paragraph under proportionality because it doesn't relate to cash contributions specifically, but delete the paragraph relating to monetary commitments. She added that the Planning Commission has asked staff to come back with other changes to the scoring provisions in GM. Perhaps, she said, when staff comes back with those provisions they've asked for under scoring that they can also look at adding in scoring criteria again or at least look at adding criteria for energy efficiency based on national standards. That may be the solution for the short term. It does not appear that the boards are comfortable with the cash contributions. The boards seem to think that the scoring standards are lacking in a few respects. Ms. Sassano said that it sounds like the boards want to delete the cash contribution provision and come back again with standards to review them with the other scoring criteria to see if they are adequate. P&Z MOTION - Chairman Rudnick moved to recommend to the BOCC that they NOT ADOPT the additional paragraph proposed by staff and not make any changes tonight to Growth Management. Commissioner Howard seconded the motion. AMENDMENT TO P&Z MOTION - Commissioner Krabacher asked for the motion to be amended by recommending to the BOCC that they direct staff to look at other standards in the scoring, particularly with respect to energy and green building. Chairman Rudnick and Commissioner Howard were acceptable to adding this amendment to their motion and second, respectively. Motion passed 4 to O. BOCC MOTION - Commissioner Kay-Clapper moved to accept the recommendation of P&Z and directed staff to look at other standards in the scoring, particularly with respect to energy and green building. Commissioner Owsley seconded the motion. Motion passed 2 to 1 with Commissioner Hatfield voting nay as he said that he believes we should have taken action tonight to eliminate monetary contributions and then direct staff to look at the GMQS. Commissioner Farris and Commissioner Richards not present. SECTION 6-S0-20 - STANDARDS FOR SCORING APPLICATIONS FOR RESIDENTIAL ALLOTMENTS BOARD OF COUNTY COMMISSIONERS 9 SPECIAL MEETING JULY 17, 2007. The recommendation from staff for the change to this Section would be that "no points shall be awarded where density is reduced subject to standards in Section 5-10-20 of the Land Use Code (Reduction in Density for Steep Slopes). P&Z MOTION - Chairman Rudnick moved to recommend to the BOCC that they accept staff's recommendation. Commissioner Howard seconded the motion. Motion passed 4 to O. BOCC MOTION - Commissioner Kay-Clapper moved to accept the recommendation from P&Z. Commissioner Hatfield seconded the motion. Motion passed 3 to 0 with Commissioner Farris and Commissioner Richards not present. ADJOURNMENT: Commissioner Kay-Clapper moved to adjourn the special meeting at 7:20 PM. Commissioner Hatfield seconded the motion. Motion passed 3 to 0 with Commissioner Farris and Commissioner Richards not present. 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