Loading...
HomeMy WebLinkAboutboccminspec08282007LUC PITKIN COUNTY COMMISSIONERS WORK SESSION AGENDA Plaza One Meeting Room TUESDAY, AUGUST 28. 2007 (Commissioner Clapper not present) 10:15AM 10:30 11:00 12:45 1:00PM 1:30 2:30 2:45 3:45 v:OO PM 7:00 PM I. Citizen Board Interview 2. Preparation for Joint Meeting with City Council 3. Economic Assumptions - Meeting with Financial Advisory Board (Lunch Provided) BREAK 4. 2006 Budget Savings Discussion, Debe Nelson 5. GIS Groundwater Resources Evaluation of Snowmass and Capitol Creek Drainages, Ken KoIm, Warren Rider BREAK 6. Memos ofInterest Future Agendas/Agenda Requests/Monthly Calendar BOCC Open Discussion BREAK 7. SPECIAL MEETING - 2nd Reading (Commissioners Farris and Clapper not present) Land Use Code Amendments ADJOURN SPECIAL MEETING THURSDAY, AUGUST 30, 2007 CCI Mountain District Meeting in Fairplay 6:30 PM Woody Creek Caucus, Woody Creek Store APPROVED OCTOBER 24, 2007 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS SPECIAL MEETING ON LAND USE CODE AMENDMENTS AUGUST 28, 2007 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR AUGUST 28, 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, Jack Hatfield and Rachel Richards COMMISSION MEMBERS ABSENT: Commissioner Patti Kay-Clapper and Commissioner Dorothea Farris Commissioner Hatfield moved to open the Board of County Commissioners' special meeting at 4:00 PM. Commissioner Richards seconded the motion. Motion passed 3 to 0 with Commissioner Kay- Clapper and Commissioner Farris not present. SECOND READING AND PUBLIC HEARING ON ORDINANCE ADOPTING AMENDMENTS TO SECTINS OF THE PITKIN COUNTY LAND USE CODE, INCLUDING EXPANSION OR REDEVELOPMENT OF NON-CONFORMING CIVIC AND INSTITUTIONAL USES, REDUCTION_IN DENSITY FOR STEEP SLOPES. EXCEPTIONS FROM STEEP AND_POTENTIALLY UNSTABLE SLOPES, WILDLIFE HABITAT AREAS, CD-PUD ZONE DISTRICT, CARETAKER DWELLING UNITS, AND STANDARDS FOR SCORING GMQS APPLICATIONS FOR RESIDENTIAL ALLOTMENTS -MOTION TO APPROVE, WITH MINOR CHANGES MADE TO TEXT AND WITH EXHIBIT "H" WILDLIFE PROVISION COMING BACK FOR A THIRD READING BOARD OF COUNTY COMMISSIONERS 1 SPECIAL MEETING AUGUST 28, 2007 Ellen Sassano, Senior Long Range Planner proceeded with her presentation to the board as outlined in the staff memorandum. Said memorandum can be located in today's meeting packet material. Ms. Sassano informed the board that they have reviewed all of the items on the agenda at first reading or continued first reading. And, they do have a recommendation from the Planning and Zoning Commission on all of these. The board requested that Ms. Sassano read through the titles and point out any highlights. SECTION 9-50-40 - 2"D READING AND PUBLIC HEARING ON EXPANSION OR REDEVELOPMENT OF NON-CONFORMING CIVIC AND INSTITUTIONAL USES Chairman Owsley opened the hearing to public comment. Tim Malloy represents Rocky Mountain Institute. He said that they have reviewed the changes and they reflect discussion at the last meeting and he has no comments or questions other than "it looks good to him". A representative, name unknown, for the neighbors of Rocky Mountain Institute spoke to the board. She seconded Tim Malloy's observations and said that the neighbors hardily endorse this amendment. As those present would like to see the motion made and passed on this amendment, Chairman Owsley called for the motion. Commissioner Hatfield moved to adopt the proposed amendment on Expansion or Redevelopment of Non-Conforming Civic and Institutional Uses as recommended by staff. Commissioner Richards seconded the motion. Motion passed 3 to 0 with Commissioner Kay-Clapper and Commissioner Farris not present. SECTION 4-30-50 - 2ND READING AND PUBLIC HEARING ON CARETAKER DWELLING UNIT PARKING Ms. Sassano informed the board of the changes made thus far on this Section. There was no further discussion on this Section. SECTION 5-10-20 - 2"D READING AND PUBLIC HEARING ON REDUCTION IN DENSITY FOR STEEP SLOPES Chairman Owsley prompted a discussion on scaling of topographical maps showing 10-foot or 2-foot contouring. BOARD OF COUNTY COMMISSIONERS 2 SPECIAL MEETING AUGUST 28, 2007 DIRECTION TO STAFF - Ms. Sassano said that staff would check the application manual on Chairman Owsley's question regarding scaling. She did add, however, that as a practical matter if the map is not legible staff would not accept it. SECTION 7-20-20 - 2ND READING AND PUBLIC HEARING ON EXCEPTIONS FROM STEEP AND POTENTIALLY UNSTABLE SLOPES Ms. Sassano informed the board of the changes made thus far on this Section. SECTION 7-20-70 AND SECTION 11 - 2ND READING AND PUBLIC HEARING ON ADOPTION OF NEW DOW MAPS AND UPDATED TERMINOLOGY Ms. Sassano informed the board of the changes made thus far on these two Sections. She did add, however, that there is another change that was brought to staff's attention by a member of the public. It could be considered by the board this evening at 2"d reading and then moved forward to P&Z and brought back to the BOCC at third reading. Or, if the board prefers staff could hold off on this particular amendment. Chairman Owsley asked to hear what that suggestion was. Ms. Sassano explained that the current Land Use Code establishes a limitation on the time of year during which construction may occur in specified habitat areas. But, a member of the public had a concern with (g) Timing of Construction (1) WINTER RANGE, SEVERE WINTER RANGE, AND WINTER CONCENTRATION AREAS specifically. Ms. Sassano continued by saying that construction limitations are intended to address the more limited habitat areas. Winter range, under (g) (1) is a very common habitat. It is mapped broadly throughout the county, Ms. Sassano stated. The comment from the person from the public was that this limitation is very restrictive considering how broadly the habitat is mapped and that many people wishing to build would not be allowed to do so between December 1St and March 31st. Ms. Sassano spoke to the County's former Wildlife Biologist to see if, in fact, including winter range had been intentional. He informed her that no, it was not intentional and agreed that this is very broadly available habitat and that the limitation was probably not warranted. She called and emailed DOW's Kevin Wright specifically and received an email reply. Mr. Wright said that he agreed that this was very broadly available habitat and that the restriction was not warranted. BOARD OF COUNTY COMMISSIONERS 3 SPECIAL MEETING AUGUST 28, 2007 But, Mr. Wright suggested that the County revise the Section to allow a restriction for winter range, IF, IN FACT, there's a site specific circumstance that leads the DOW to recommend that such a restriction be put in place. Otherwise, that restriction need not apply to broadly available winter range. Ms. Sassano said that if the board wants to pursue this change, staff will ask the board to approve all of the change before them under this provision at 2"d reading. Staff will then take this particular change to the P&Z next week to get a formal recommendation and then bring it back to the BOCC at third reading along with publishing the change in the newspaper. So, the board can either just approve at second reading the items that the BOCC has a recommendation from P&Z or they can approve at 2"d reading with this additional change and ask staff to bring everything back at 3rd reading after P&Z recommendation. This prompted a discussion by the board with staff. Commissioner Richards stated that she can see this modification going forward and staff having the opportunity to do more research on it as it goes to P&Z and back to the BOCC for third reading. DIRECTION TO STAFF -Commissioner Richards asked that during that time period staff look at wording changes that would include other sources other than the DOW because there have been times where their hands are tied and the BOCC may want to have the ability to consult with other field biologists for recommendations in that area as well. She suggested the wording "due to site specific and/or cumulative circumstances". DIRECTION TO STAFF -Commissioner Richards also asked staff to check into the following. She noticed that the timing of construction in these areas is prohibited from December 1 through March 31 and then the migration corridors are April 15th and May 30th. She said that she assumed there would be a more clean overlap. NOTE: Ms. Sassano replied that the DOW and our former County Wildlife Biologist did look at these dates, but she can ask them to look at them again. THE BOARD HAS DECIDED TO ACCEPT THE CHANGES TO THIS SECTION, ALONG WITH THE ADDITIONAL CHANGES, AT 2ND READING AND HAVE IT BROUGHT BACK WITH P&Z RECOMMENDATIONS AT 3RD READING. SECTION 3-70-40 - 2ND READING AND PUBLIC HEARING ON CD-PUD ZONE DISTRICT BOARD OF COUNTY COMMISSIONERS 4 SPECIAL MEETING AUGUST 28, 2007 Ms. Sassano informed the board of the changes made thus far on this Section. DIRECTION TO STAFF -Commissioner Richards asked about clarification of the language in Exhibit H related to this Section, specifically with item (3)(b) which states, in part, "Growth management exempt floor area that is not built as part of a principal structure(s), MAY BE REDEEMED AS A TDR(S).....". Then, under (4) (d) at the bottom of the page it states, in part, "....the property MAY SEVER AND SELL ONE ADDITIONAL TDR...." She said that she thinks the wording should be consistent or the word redeemed explained further. Commissioner Richards started a discussion on how many TDRs staff thinks could be generated from this provision. In other areas 5750 is the limit and then you have to start buying TDRs. But here, she continued, 8,000 is the limit and then you can start selling them back off for not going up to that size. She said that she thought this seemed like a disparity. Ms. Houben said it didn't seem that way to her and explained why to Commissioner Richard's satisfaction. Ms. Sassano did add, however, that staff could amend the last sentence under (3) Growth Management Quota System paragraph (b) on page 4 of attached Exhibit H to read as follows: "Growth management exempt floor area that is not built as part of a principal structure(s) MAY BE SEVERED AND SOLD as a TDR(s), at a rate of one (1) TDR per twenty five hundred (2,500) square feet of floor area". NOTE: After further discussion, it was decided that INSTEAD OF THE ABOVE WORDING THE FOLLOWING WOULD BE USED: "Growth Management exempt floor area that is not built as part of a principal structure(s) MAY BE REDEEMED AND SEVERED AND SOLD FROM THE PROPERTY as a TDR(s), at a rate of one (1) TDR per twenty five hundred (2,500) square feet of floor area". There was no further discussion on this Section of the Code. SECTION 6-50-20 - 2ND READING AND PUBLIC HEARING ON STANDARDS FOR SCORING GMQS APPLICATIONS FOR RESIDENTIAL ALLOTMENTS Ms. Sassano informed the board of the changes made thus far on this Section. Commissioner Richards explained why she thinks that the board needs to continue looking at growing criteria for water resources in applications. There was no further discussion on this Section of the Code. BOARD OF COUNTY COMMISSIONERS 5 SPECIAL MEETING AUGUST 28, 2007 Commissioner Hatfield questioned whether the board was adopting some additional minor changes. STAFF DIRECTION - Ms. Sassano explained to the board that the Ordinance in today's packet adopts, if passed, all the exhibits A through I attached to the meeting packet. NOTE - It was noted, however by John Ely, that Ms. Sassano will also have to add a couple of paragraphs explaining some of the minor changes made to the text here at second reading that are being adopted AND the significant change made to the Wildlife Section AND reflect that Exhibit F will be coming back for a third reading. After this vote is done today, Mr. Ely continued, the minor changes will have to be published. Commissioner Hatfield moved to approve the Ordinance as presented us in Attachment 2 with the amendments suggested by John (Ely), all the exhibits with the exception of Exhibit "H". Commissioner Richards seconded the motion. Motion passed 3 to 0 with Commissioner Kay- Clapperand Commissioner Farris not present. Commissioner Richards moved to approve, on second reading, Section 3- 70-40, Exhibit H, CD-PUD Zone District with the language clarifications discussed. Chairman Owsley seconded the motion. Chairman Owsley asked if there was any other public comment. Seeing none, he closed the public hearing and called the question. Motion passed 2 to 1 with Commissioner Hatfield voting nay as he is still not convinced that the CD-PUD is an option that he would want to offer the public. Commissioner Kay-Clapper and Commissioner Farris not present. ADJOURNED: Commissioner Richards moved to adjourn the meeting at approximately 6:30 PM. Commissioner Hatfield seconded the motion. Motion passed 3 to 0 with Commissioner Kay-Clapper and Commissioner Farris not present. BOARD OF COUNTY COMMISSIONERS 6 SPECIAL MEETING AUGUST 28, 2007 Respectfully submitted, /k w.J1:tv Je nette Jones CI r~to the, . B?ar. f,of C~Y,COmmissioners ~ti(/(tfil It! _ (eJ,'tY1i/) Michael M. Owsley / Chairman of the Board of County Commissioners g\bocc\m i n utes\2007\08282007 BOARD OF COUNTY COMMISSIONERS 7 SPECIAL MEETING AUGUST 28, 2007