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HomeMy WebLinkAboutbocc.ord.025.2007AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY, COLORADO, ADOPTING AMENDMENTS TO THE PUBLIC NOTICE REQUIREMENTS AND LAND USE CODE TEXT AMENDMENTS AND REZONINGS SECTIONS OF THE PITHIN COUNTY LAND USE CODE Ordinance No. ~~ ~5 - 2007 RECITALS Upon adoption of the Revised Land Use Code in July, 2006, the Board of County Commissioners of Pitkin County, Colorado (°BOCC") directed the Community Development Department Staff to follow up with amendments to address necessary clarifications and modifications identified during the first six months of use of the Revised Code. This Ordinance revises the following sections of the Pitkin County Land Use Code (PCLUC): a. Sec. 2-20-100: Public Notice Requirements b. Sea 2-40-10: Land Use Code Text Amendments and Rezonings 2. The BOCC finds that the amendments to the above-referenced Code Sections are consistent with the policies and regulations of the Land Use Code, and in conformance with Section 2-40-10 of the Land Use Code regarding Land Use Code Text Amendments. 3. The Pitkin County Planning and Zoning Commission considered the proposed Code amendments at a Special Meeting held jointly with the BOCC on July 24, 2007, at which time the above-referenced Code sections were reviewed 4. The Planning and Zoning Commission recommended approval of the proposed amendments to the BOCC. 5. The BOCC finds that adoption of this ordinance is necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore declares this ordinance and legislation to be effective immediately pursuant to C.R.S. § 30-15-405. NOW, THEREFORE, BE IT ORDAINED by the Pitkin County Board of County Commissioners that it hereby amends the above-referenced Sections of the 2006 Pitkin Land Use County Code, as set forth in Exhibits A and B hereto. INTRODUCED AND FIRST READ ON THE 24th DQY QF JULY, 2007; S~T FOR SECOND READING AND PUBLIC HEARING ON TAE ~/'~ ~ DAY OF ~?'/G-UST" 2007. 1~[OTICE OF I~UBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE ~j ~~• DAY OF~i,y1007. Ordinance No. L'~~ ~7~ - 2007 Pctge 2 APPROVED ~ND ADOPTED AFTER SECOND READING AND PUBLIC HEARING ON THE ~ DAY OFJYG'~6a12007. , P BLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE~i~~ DAY OF ~ ~0~~ ~';1~1 ~ ~ 2007. THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ADOPTION. Jones Clerk ,~ APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS O PITKIN CO T, COI,,ORADO ` .~ ichae M. Owsl y, Chair Date: / APPROVED AS TO CONTENT: -__- -_ ~ C~ ~ ~.~N John Ely, Cindy ouben, Co na~t At~brney Community Development Director EXHIBl"f B 2-40-10: LAND USE CODE TEXT AMENDMENTS AND REZONINGS Land Use Code text amendments and rezonings of land that are not subiect to subsection (e) of this section are completed through the Two-Step Review process described in Sec. 2-30-40, but are subject to several specialized provisions. These provisions supplement those provisions in Sec. 2-30-40, and in case of conflict, these provisions govern. Rezoninqs initiated bv Pitkin CountY th8t 8ff0Ct mOfC th811 On@ pBfC@I 8nd 8f@ IIOt BSSOCi2t8d wlth 2 dBV210pf118f1t 2pplication shall be qoverned exclusively bv the procedures and standards set forth in subsection (e) of this section. (a) Initiation (1) An application for a Land Use Code amendment may be initiated by any citizen or property owner in Pitkin County, or by the Community Development Department, the Planning and Zoning Commission, or the Board of County Commissioners. (2) An application for rezoning may be initiated by the owner of the property proposed for rezoning, or the agent of such owner, or by the Community Development Department, the Planning and Zoning Commission, or the Board of County Commissioners. (b) Action by Board In addition to the provisions of Sec. 2-30-40(h), if the Board wishes to substantially change any Land Use Code text amendment or rezoning recommended by the Planning and Zoning Commission, the change shall be first be resubmitted to the Planning and Zoning Commission for its approval, disapproval, or suggestions. If disapproved by such commission within thirty (30) days after such submission, such amendment, to become effective, shall receive the favorable vote of not less than a majority of the entire membership of the Board of County Commissioners. Before finally adopting any such amendment, the Board of County Commissioners shall hold a public hearing thereon, and at least fourteen (14) days' notice of the time and place of such hearing shall be given by at least one (1) publication in a newspaper of general circulation in the County (c) Criteria for Approval (1) In addition to the provisions of Sec. 2-30-40(i), the following shall apply to applications for Land Use Code text amendments. (a) Each Land Use Code text amendment shall be consistent with the Pitkin County Comprehensive Plan. (b) Land Use Code text amendments shall be drafted in a form consistent with the organizational format and style of this Land Use Code. (c) Code text amendments shall repeal and reenact entire Code sections rather than just specific sentences or sub-sections. (2) In addition to complying with the provisions of Sec. 2-30-40(i) in connection with each proposed rezoning, the Board shall consider the following. (a) Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood that support the proposed amendment; (b) The effect of the proposed rezoning and development on traffic generation and road safety. (3) A proposed rezoning shall not be approved, and should not be recommended for approval, unless the decision making body finds that the proposed rezoning will result in development or activities that: (a) Are consistent with the applicable Pitkin County Master Plan(s); (b) Are consistent with all applicable sections of this Land Use Code; t;XHIBl'1' B (c) Are compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics; (d) Do not exceed the capacity of such public facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities; (e) Do not result in significant adverse impacts on the natural environment; (~ Are consistent and compatible with the community character; and (gJ Do not conflict with the public interest. (d) Vested Right Approval of a Land Use Code text amendment or rezoning does not involve a Site Specific Development Plan, as defined in Sec. 2-20-170(b), and does not result in the creation of a vested right. Subsequent approval of a Site Specific Development Plan for rezoned property will establish a vested right. (e) Rezoninqs Initiated bv Pitkin CountV Rezoninqs initiated bv Pitkin Countv that affect more than one parcel and are not associated with a_ development application shall be qoverned exclusivelv bv the standards set forth in this subsection. Notice of such rezoninqs shall be qoverned bV S 30-28-112 and -116 C.R.S. as amended. The notice provisions of S 2-20-100 shall not applv to such rezoninqs and such rezoninps shall not be subiect to compliance with the Pitkin Countv Land Use Aqplication Manual. Such_rezoninqs shall be processed accordinq to the procedures and standards set forth below. (1) Rezoninqs pursuant to this subsection Ie) shall be processed in accordance with the followinq procedures: [a) An application for rezoning pursuant to this subsection Ie) may be initiated bv the Community Development Department the Planninq and Zoninq Commission or the Board of Countv Commissioners. No qre-application conference shall be required to initiate a rezoninq pursuant to this subsection (e). (b) The application shall contain the full proposed text of the rezoninq alonq with maps that identifv the area affected bv the rezoninq and shall comply with 5 30-28-111 C.R.S. as amended. The maps need not include a survev or leqal description but shall describe the area to be rezoned with reasonable certaintv. The application shall be submitted to the Planninq and Zoninq Commission for certification to the Board of Cou~tv Commissioners in accordance with the reguirements of &$ 30-28-112 and -116 C.R.S. as amended. Approval of the application shall conform with the repuirements of S6 30-28-112 and -116 C.R.S. as amended. (2) A rezoninq processed under this subsection (e) shall advance the health safetv or welfare of the communitv and must be supported bv either: (a) Chanqed conditions affectinq the subiect parcels or the surrounding neighborhood that support the proposed rezoninq or Ib) Applicable Pitkin County Master Plan(s). ~ IiXHIBIT A 2-20-100: PUBLIC NOTICE REQUIREMENTS ~ Unless another section of this Code specificaliv orovides otherwise €for all decisions that require a public hearing (as shown in Table 2-1), public notice shall be provided pursuant to this section. Where the application is for approval of a subdivision, the owners of subsurface interests shall be provided notice as required by C.R.S 30-28-133 (10). (a) Development Applications Prior to a public hearing on a development application, notice shall be provided to the public, pursuant to the terms of this section. Table 2-1 identifies the various types of land use applications, the review entity and stage of the public hearing, if applicable. (1) CONTENT Every notice shall include. (a) The name and mailing address of the applicant. (b) The type of development application sought. (c) Date, time and place of the hearing, (if a hearing is required) or the last date on which comments regarding the application will be received by the County (if a hearing is not required). (dJ The address and legal description of the subject property if applicable. (e) A summary of the development application under consideration. (fl Identification of the decision-making body conducting the hearing (or making the decision, if no hearing is required). (g) Such other information as may be required to fully appraise the public of the nature of the appllcation. (2) PUBLICATION Where Table 2-1 indicates that newspaper publication notice shall be given, the Community Development Director shall cause notlce of the hearings to be published one time in a newspaper of general circulation in the County as follows: (a) For matters in which the Board of County Commissioners is the decision-making body, at least fourteen (14) and no more than ninety (90) days prior to the hearings. (b) For matters in which the Board of Adjustment is the decision-making body, at least seven (7) and no more than ninety (90) days prior to the hearings. (3) POSTING Where Table 2-1 indicates that posted notice shall be given: (a) Posting of notice shall be made by the applicant by posting a sign in a conspicuous place on the property subject to the development application. The form of the sign shall be obtained from the Community Development Department. The sign shall be placed on the property at least fifteen (15) days prior to the public hearing, and shall be maintained in readable condition in the same location until the date of the public hearing. (b) The sign shall be made of suitable, waterproof materials, shall be not less than twenty- four (24) inches wide and thirty-six (36) inches high, and shall be composed of letters not less than one (1) inch in height. (c) The applicant shall provide a signed and notarized affidavit in a form as specified by the Community Development Director attesting to the date that the sign was posted. A photograph of the posted sign must accompany the affidavit. I 1~:XHIBIT A (dJ It is the applicanYs duty to ensure that required posted notice remains in place and in readable condition for the period specified above, to replace the posted notice if it is removed or becomes unreadable during that period, and to remove the sign within one (1) week after the public hearing. (4) MA/LING Where Table 2-1 indicates that mailed notice shall be given: (a) The applicant shall obtain copy of the notice from the Community Development Department. (b) At least thirty (30) days prior to a public hearing before the Board of County Commissioners, and at least seven (7) days prior to a public hearing before the Board of Adjustment, the applicant shall send the required form of notice to all owners of property adjacent to the property that is the subject of the application, as follows. If the application is for approval of oil and gas extraction or mineral extraction, notice shall be provided to both the current surface owners and current subsurface owners of the parcels of land within which the facility is proposed to be located, as well as the current surface owners of those parcels of land adjacent to the parcels within which the facility is proposed to be located. (c) If the application is for an approval that will require a public hearing, the notice shall be sent by first class, postage prepaid U.S. mail. If the application is for administrative approval of an Activity Envelope or Site Plan, the notice shall be sent by certified mail, postage prepaid, U.S. mail. (d) For purposes of the notice mailing, the applicant shall use the names and addresses on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. It shall be the applicanYs responsibility to obtain the required addresses. (e) The applicant shall deliver to the Community Development Department, prior to any scheduled public hearing or meeting, an affidavit confirming that the required mailed notices have been completed in accordance with the provisions of this subsection (4). (b) Appeals In the case of an appeal of an item that was decided at a public hearing to the Board of County Commissioners pursuant to Table 2-1: (1) The Community Development Department shall cause notice to be published one (1) time in a newspaper of general circulation in the County at least one (1) week before the regular or special meeting of the Board of County Commissioners at which the appeal is to be considered. The notice shall specify the meeting agenda and location of the parcel of land that is the subject of the hearing. (2J If the appellant is the applicant, the appellant shall cause a notice of the proposed appeal and the nature of that appeal to be posted on a sign placed on the property that is the subject of the hearing at least one (1) week before such hearing, and to remove the sign within one (1) week after the hearing. The form of the sign shall be obtained from the Community Development Department. (3) If the appellant is the applicant, the appellant shall mail a notice of the appeal to adjacent property owners, at the appellanYs expense, at least one (1) week prior to the meeting. In the event that adjacent property is held in common ownership, the notice shall be sent to the appropriate homeowners or condominium association. At the time the appeal is filed, the appellant shall supply the names and addresses of adjacent property owners from the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the appeal hearing. (4) If appellant is not the applicant, the appellant shall mail a notice of the appeal to the applicant and all adjacent landowners, at appellanYs expense, at least one (1) week before I F.XHIBIT A the date of the meeting at which the appeal will be heard by the Board of County Commissioners. (c) Vested Rights Creation of a vested right pursuant to Sec. 2-20-170 requires the publishing of a public notice pursuant to Sec. 2-20-170(g) of this Land Use Code. (d) Costs All costs of required notices shall be born by the applicant or appellant. The applicant or appellant shall be required to reimburse the County for the cost of any published notices required in consideration of his appeal under the provisions of this Sec. 2-20-100