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HomeMy WebLinkAboutboccminspec08212007LUC WORK SESSION AGENDA Plaza One Meeting Room TUESDAY, AUGUST 21, 2007 10:00 AM -11:30 11:30 11:30 11:45 Noon - 1:45 1:45 2:00 3:30 4:00 PM 7:00 PM EXECUTIVE SESSION/SPECIAL MEETING ADJOURN SPECIAL MEETING Citizen Board Interview BREAK Transportation Master Plan, GR Fielding, Consultants Televised (Lunch Provided) (4 staff, 5 consultants) BREAK Memos of Interest Future Agendas/Agenda Requests/Monthly Calendar BOCC Open Discussion BREAK SPECIAL MEETING - 2nd Reading Joint Meeting with Planning & Zoning - Land Use Code Amendments ADJOURN SPECIAL MEETING APPROVED SEPTEMBER 26, 2007 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS SPECIAL JOINT MEETING WITH PLANNING & ZONING COMMISSION ON LAND USE CODE AMENDMENTS AUGUST 21, 2007 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR AUGUST 21,2007. CALL TO ORDER: Chairman Michael M. Owsley called the Board of County Commissioners to order at 4:09 PM. COUNTY COMMISSION MEMBERS PRESENT: Michael M. Owsley, Patti Kay- Clapper, Dorothea Farris, Jack Hatfield and Rachel Richards COMMISSION MEMBERS ABSENT: None Commissioner Hatfield moved to open the Board of County Commissioners' special joint meeting with Planning & Zoning at 4:09 PM. Commissioner Kay-Clapper seconded the motion. Motion passed 5 to O. PLANNING & ZONING COMMISION MEMBERS PRESENT: Paul Rudnick, John Howard, Joseph Krabacher, Syd Smock, Marcella Larson, Mirte Mallory, Jay Murphy and Michael Augello STAFF PRESENT:_Director of Community Development, Cindy Houben; Senior Long Range Planner, Ellen Sassano; Assistant Director of Community Development, Lance Clarke; and County Attorney John Ely. ALSO PRESENT FROM THE PUBLIC: Glenn Horn SECTION 6-70-40 - CONTINUED FIRST READING ON CRITERIA FOR CONSTRAINED SITE TDRs BOARD OF COUNTY COMMISSIONERS I SPECIAL MEETING AUGUST 21,2007 County Attorney John Ely made his presentation as outlined in his Agenda Item Summary on Constrained Site Transferable Development Rights in the meeting packet. He said that he had nothing to add. The recommended action was to discuss the viability and value of the provision and direct staff on further action. The alternatives were to direct repeal of the provision or to direct continued incorporation of the provision into the Land Use Code. Chairman Owsley opened the hearing to public comment. Glenn Horn said that he thought the provision need to be adjusted in some way. He didn't want it thrown out, but suggested looking at some middle ground to deal with speculation related to market values. He said that he thinks that it's a good tool. Both boards discussed this provision along with Mr. Horn's suggestions and some of their own. Some of the ideas and suggestions voiced by the boards and Mr. Horn were: ,f More teeth, more tools, more standards ,f Devalue TDRs that come out of constrained lots ,f Timeframe on purchases, possibly a three-year period ,f Increase utilization of landing sites After a lengthy discussion on this issue, Chairman Owsley said that he didn't see the discussion moving forward. He said that what he's hearing is to continue the program. P&Z MOTION - Commissioner Smock moved to recommend to the BOCC that they keep the TDR program but refer to staff for suggestions on limitations/recommendations for trigger points based upon today's discussions. Commissioner Murphy seconded the motion. Motion passed 5 to O. BOCC MOTION - Commissioner Richards moved to accept the recommendation from P&Z. Commissioner Kay-Clapper seconded the motion. DIRECTION TO STAFF - Commissioner Farris said that there was a discussion on the use of TDRs and that they could get too many. She said that they are used for added square footage and GMQS. She said that she doesn't know if staff, in their deliberations says gee, someone could use a TDR for this and may have a unique purpose that would make it less BOARD OF COUNTY COMMISSIONERS 2 SPECIAL MEETING AUGUST 21, 2007 hazardous to approve a constrained lot TDR. She just wanted staff to keep in mind new uses for TDRs. Chairman Owsley called the question. Motion passed 4 to 1 with Commissioner Hatfield voting nay. P&Z Commissioner John Howard left the meeting at this time to enjoy his birthday. SECTION 6-70-40 - CONTINUED FIRST READING ON PRIOR CONVEYANCE OF A CONSERVATION EASEMENT ON TOR SENDING SITES John Ely proceeded with his presentation as mirrored in his Agenda Item Summary in today's meeting packet. The recommended action was that the County should not pursue this Code Amendment but allow the problem to be addressed through the Open Space Master Plan process. The alternatives were to direct staff to bring back an Ordinance to adopt the proposed Code Amendment or to direct that this proposed amendment not be pursued. Discussion on this provision developed. Some of the ideas and suggestions discussed were: ./ What benefit are we getting by adding this to the Code ./ We shouldn't be looking at more and more opportunities for TDRs P&Z MOTION - Commissioner Smock moved to recommend to the BOCC that the County not pursue this code amendment that's referenced in this memorandum. Commissioner Krabacher seconded the motion. Motion passed 5 to O. BOCC MOTION - Commissioner Farris moved to accept P&Z's recommendation. Commissioner Kay-Clapper seconded the motion. Motion passed unanimously 5 to O. SECTION 8-30-40 - FIRST READING ON AFFORDABLE HOUSING MITIGATION FEES (Emplovee HousinQ Impact Fee for Commercial & LodQe Accommodation Development) John Ely made his third presentation of the evening with this provision as shown in his Agenda Item Summary. The boards had a short discussion on this with the following ideas or suggestions coming forward: BOARD OF COUNTY COMMISSIONERS 3 SPECIAL MEETING AUGUST 21, 2007 ,/ The questions at hand are - One - should we raise the percentage required for mitigation? Two - For local-serving business or dealing with the level of exemption is not really before us at this time - suggestion to Community Development that they assess those ideas ,/ Why aren't we asking the Housing Authority for recommendations ,/ Why should commercial development have a lower mitigation requirement than residential development - Shouldn't it be the other way around ,/ What is the fee actually going to accommodate if there's no land to build employee housing - discussions need to be held regarding the number of on-site units, more pertinently for commercial rather than residential ,/ Require full mitigation ,/ Whether or not one really can pay in lieu of providing at least some portion of the housing on the site P&Z MOTION - Commissioner Krabacher moved to recommend to the BOCC full mitigation for commercial development/lodge accommodation development and that staff be directed to subsequently look at the options for requiring some sort of provision of housing on site. First step would be full mitigation, cash in lieu and the second step would be to further study and come back with a proposal to address the on site requirements. NOTE: Further discussion on this motion developed creating the following restated motion: Change the mitigation percentage right up front and change the option that's presented to make it discretionary with the board, whether it's on site or cash in lieu or buy down or whatever else. And, that can be folded into the development review process. And both can be done at the same time. NOTE: An addition to this motion is the following: The third step is to continue to study the generation formula on what generates employees. Commissioner Mallory seconded the motion. Commissioner Smock said that research will show the unintended outcomes when codes and rules do not support a free-market economy. He said that he thinks they are in a campaign for economic democracy and he does not agree with any of this. He said that he does not support differentiating between business, commercial residential, and second homes. Chairman Rudnick called the question. Motion passed unanimously 5 to O. At the request of BOCC Chairman Owsley, John Ely restated the motion in order to clarify what is being recommended by P&Z. He said that there is a recommendation from P&Z to amend the Code to increase the percent of mitigation required for Commercial Lodging and Tourist Accommodation units to 100% and to change the review criteria to allow for discretion in review of development applications such that the discretion rests with the BOCC as to what type of mitigation is provided, whether it's on-site housing, cash in lieu of on-site housing, or buy downs. BOARD OF COUNTY COMMISSIONERS 4 SPECIAL MEETING AUGUST 21, 2007 BOCC MOTION - Commissioner Farris moved to support the recommendation from P&Z. Commissioner Richards seconded the motion. Ideas were discussed with the following suggestions coming out of that discussion: ~ Support this as a stop gap filling in the holes now, but suggest that the BOCC ask the Housing Authority for recommendations. ~ BOCC should have discretion with residential as well. ~ To the extent possible in the UGB, we should have concurrent amounts on what the impact fees should be. Chairman Owsley called the question. Motion passed 4 to 1 with Commissioner Kay-Clapper voting nay as she said that she would not vote for this because she did not support this mitigation fee and thought that the board should have gone in a totally different direction. AS THE PLANNING AND ZONING COMMISSION COMPLETED THEIR PORTION OF THE MEETING, SOME OF THEM LEFT. SECOND READING AND PUBLIC HEARING ON ORDINANCE ADOPTING AMENDMENTS TO THE PUBLIC NOTICE REQUIREMENTS AND LAND USE CODE TEXT AMENDMENTS AND REZONING SECTIONS OF THE PITKIN COUNTY LAND USE CODE - MOTION TO APPROVE STAFF: CHRIS SELDIN, ASSISTANT COUNTY ATTORNEY John Ely gave his presentation as outlined in Chris Seldin's staff memorandum. Chairman Owsley opened the hearing to public comment regarding the public notice requirements portion of the Ordinance. There being none, he closed the public hearing. BOCC MOTION ON PUBLIC NOTICE REQUIREMENTS - Commissioner Kay- Clapper moved to approve on second reading the Ordinance adopting Amendments to the Public Notice Requirements of the Pitkin County Land Use Code. Commissioner Farris seconded the motion. Motion passed 5 to O. Chairman Owsley opened the hearing to public comment regarding the Land Use Code Text Amendments & Rezoning Sections of the Pitkin County Land Use Code. There being none, he closed the public hearing. BOCC MOTION ON LAND USE CODE TEXT AMENDMENTS & REZONING SECTIONS OF THE PITKIN COUNTY LAND USE CODE - Commissioner Kay-Clapper moved to approve on second reading the Ordinance adopting amendments to the Land Use Code text amendments and rezoning BOARD OF COUNTY COMMISSIONERS 5 SPECIAL MEETING AUGUST 21, 2007 sections of the Pitkin County Land Use Code. Commissioner Farris seconded the motion. Motion passed 5 to O. ADJOURNMENT: Commissioner Kay-Clapper moved to adjourn the special meeting at 6:33 PM. Commissioner Farris seconded the motion. Motion passed 5 to O. BOARD OF COUNTY COMMISSIONERS 6 SPECIAL MEETING AUGUST 21, 2007 ee . Dean o the Boa Cl 0 County Commissioners w./ite ~ J nette Jones Cle~:~;;/alJC ~;,:;o",rn rlc~~1 M. Owsley ~ Chairman of the Board of County Commissioners Paul Rudnick Chairman of the Pitkin , ~ o/~ 'il--u..ci.....ck y Planning & Zoning Commission glbocclminutes\2007108212007 BOARD OF COUNTY COMMISSIONERS 7 SPECIAL MEETING AUGUST 21, 2007