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HomeMy WebLinkAboutbocc.res.024.1976 - - i -~~; ~~ ' l w PITKIN COUNTY COMMISSIONERS RESOLUTION N0.'~~t/ Re: Woody Creek Zoning WHEREAS, the previous zoning history of the Woody Creek area may be summarized as follows: 1. The entire Woody Creek area was zoned Agricultural and Forestry (AF with two (2) acre minimum) as part of the original County zoning adopted on May 31, 1955, 2. February 3, 1958-an area to the southwest of the Roaring Fork River in Woody Creek was rezoned from AF to R-15, 3. October 3, 1960-the Woody Creek Trailer Park and store was rezoned from AF to Business; and, 4. June 6, 1966-the Aspen Area Master Plan was adopted which includes the Woody Creek area, 5. February 8, 1971 - a certain area of Woody Creek was conditionally rezoned from AF to AR-2 and such rezoning was nulified by Civil Action 4389, Cole et al vs. Commissioners, 6. March 25, 1974 ,•a general rezoning of Pitkin County changed the AF classification from a two (2) acre minimum lot size to a ten (10) acre minimum lot size and allowed two-family dwellings only by Special Review, 7. April 14, 1975 - portions of Woody Creek were excluded ' from zoning the northeast portion of Pitkin'County as identified in County Commissioners Resolution #75-28 which adopted RS-160 zoning for Snowmass-Capitol Creeks,.the Northeast Portion of the County - East Sopris, West Sopris, Thomasville, Snowmass and Prince Creek Drainages, I 8. The existing zoning as of October 20, 1975, is depicted by Exhibit #2 of the hearing record and consists generally of AF-1, AF-2, Business, R-15, RS-160 and certain unzoned areas of the Upper Woody Creek Valley. WHEREAS, analysis of the existing zoning of Woody Creek reveals that the zoning does not reflect the County policies with respect to environmental concerns, to protect and preserve agricultural lands and to incorporate the compatible goals and objectives of the residents of Woody Creek, and 41HEREAS, on December 18, 1974,Pitkin County appropriated $6,000.00 to retain the services of a planning consultant (Design Workshop, Inc.) to work with the Woody Creek Caucus in developing local resident goals and objectives and a land use plan for the Woody Creek area, and WHEREAS, on February 12, 1975, Design Workshop, Inc., presented a report entitled "Growth Options Woody Creek Area Pitkin County, Colorado" which described four (4) growth plans for the Woody Creek area and analyzed the physical constraints on growth in the Woody Creek area (Exhibit A-18a), and WHEREAS, the resulting plan for Woody Creek presented four (4) growth options, three (3) of which cannot be developed at this time because the community facilities, particularly roads, are not adequate, and the County is not prepared to make the financial commitments to provide the necessary roads, schools and utilities, and -2- w~~uy ~~ cC~ ~~„ ~..y WHEREAS, Section III of the "Growth Options" report details significant community facilities and services deficiencies, as more specifically described in the Briscoe/Maphis "Road Network Analysis for Pitkin County". Table #2 of the Road Network Analysis lists critical deficiencies for Woody Creek road segments in regard to capacity or maintenance for road surfaces, widths, shoulders, drainage, grades, alignment, stripping, right-of-way; and, particular inadequacies of the narrow (one-lane) upper and lower l~Joody Creek bridges, and present County policy is to supplement the County Road System with other forms of transportation including trails and public transit rather than increase capacities of existing roads, and WHEREAS, the plan identifies the location of 3456 acres of land (Woody Creek land acreage 7452) with development constraints caused by natural geologic, flood plain or slope hazards and the location of lands with varying degrees of soil capabilities to handle sewage treatment, and WHEREAS, the Growth Options report references the "Environ- mental Resource Analysis for Pitkin County" July, 1974, which delineates and maps the following geologic conditions which act as development constraints in Woody Creek: 1. Mancos Shale - highly erodible, high rock or mud slide potential when saturated or disturbed; 2. Talus Slope - accumulated rock fragments continually supplied from the source area above. Generally at or near angle of repose where even slight disturbance could cause rapid down slope movement; 3. Unstable Slopes - unconsolidated material with mass movement characteristics when either disturbed by undercutting slopes or by overloading weight to the top or rear edge of slope; 4. Steep Slopes - slopes which are 30% or greater. These areas afford a higher degree of erosion, instability and generally restrict man-influenced systems, such as utilities, roads, etc. -3- 5. Flood Plains - areas susceptible to intermediate and standard projected floods. WHEREAS, the soils in the Woody Creek area have been mapped by the Soil Conservation Service and clarified according to their suitability to accommodate septic tanks. This classification is based on soil permeability, slope of the land and the proximity to surface or subsurface water sources. Based on this criteria, it is estimated that in the Woody Creek area, 2,301 acres are suitable for drain fields. The soils in the rest of the area either have serious limitations or are unsuitable. For planning purposes, it is estimated that the soils will support an acreage of 1 unit on every five acres throughout the area and that the soils with sewer limitations will support an acreage of 1 unit for every 35 acres (RS-1b0 is five (5) units per 160 acres). These capacities have been determined in a study "Roaring Fork Water Quality Study" pre- pared by Wright-McLaughlin Engineers and adopted by Pitkin County,and WHEREAS, the major wildlife influences in the Woody Creek area have been mapped (CSU Environmental Analysis Report). Deer and elk migration corridors and winter range located in the mountains to the northeast of Woody Creek are significant wildlife factors which require strict land use controls for their protection, and WHEREAS, to date no comprehensive evaluation of water availability has been compiled and consequently, its influence on growth in Woody Creek has not been evaluated, and WHEREAS, these various environmental and physical contraints hould be reflected in the zoning for Woody Creek, and WHEREAS, Option A presented in the plan for Woody Creek allows a minimal amount of development that can be accommodated with the existing range of public facilities and without substantial public costs, and -4- IJHEREAS, the Planning Office developed a zoning proposal for the Woody Creek area based the caucus goals and objectives and the data from the land use plan, and 4JHEREAS, several amendments to the zoning proposal were discussed and incorporated into the Planning and Zoning Commission Resolution Recommending Adoption of the Zonin Proposal for the Woody Creek Area on September 3, 1975 which as adopted reads as follows: 1. Zone all of the Woody Creek area for residential uses with the exception of the area around the Woody Creek Store and the Jaconval industrial operation, 2. Zone the rural areas of Woody Creek either AF-1 (one unit per 10 acres) or RS-160 (maximum density of one unit per 32 acres with development re- strictions), 3. Zone the residential areas between STate Highway 82 and Woody Creek Road for AF-l, AF-2 (Agricultural- Forestry) or SR (Special Residential) according to the existing density of development and with a mandatory PUD restriction to encourage flexibility with the development of the land as specified in Section VII of the Pitkin County Zoning Code but eliminating the 33 1/3% bonus for development proposals in these specified locations, also to zone the area north and east of Woody Creek Road, RS-160 and to zone those areas between Highway 82, not zoned AF-1, AF-2, SR, or B-1 to RS-160. 4. Designate sufficient land around the Woody Creek Store for B-1 (Business) zoning to permit the existing development to exist in conformance with the zoning code (not to exceed 3,100 square feet of building floor area), -5- 5. Alter the boundary of the SR (Special Residential) district to the limits of the existing mobile home development, and 6. Designate the existing limits of the Jaconval Iron Ore operation for the I-Industrial district, Mandatory P.U.D. with the intention to restrict building from the land area immediately adjacent to Highway 82. WHEREAS, on September 11, 1975 a public notice was duly published in a local newspaper providing that a public hearing would be held before the Board of County Commissioners of Pitkin County on October 20, 1975 to consider a resolution adopting certain zoning for the Woody Creek area, and WHEREAS, such public hearing was duly held on October 20, 1975, NOW THEREFORE BE IT RESOLVED, that the Pitkin County Zoning Map(s) numbers 16, 17, 18, 26 and 27 and the general index map (cover sheet) as amended, be amended as set forth on the maps incorporated herein by reference and on file in the offices of the Planning Office and County Building Inspector to depict the following zoning changes and additions: 1. Rezone all the areas to the north and east of the Woody Creek (McLain Flats) Road from AF-1 to Resource 160 (RS-160). 2. Zone the unzoned portions of Woody Creek as depicted on Exhibit A-4 Resource 160 (RS-160). 3. Designate the area immediately around the Woody Creek Store for Businessl (B-1) zoning to permit the existing development to exist in conformance with the zoning code, as is more fully shown on zoning district map No. 16a, on file in the office of the City/County P]anner. -6- 4. Rezone the area of the mobile home park (excepting the area described in paragraph 2 above) from B-1 to SR, PUD, as is more fully shown on zoning district map No. 16a. 5. Rezone the area immediately adjacent to the mobile home park AF-2 as shown on Exhibit A-3 ' and zoning district map No. 16a. 6. Zone the area in the general vicinity of the mobile home park and to the west to include the Jaconvel property, AF-1 as shown on Exhibit A-1. BE IT FURTHER RESOLVED, that the zoning for the Jaconvel Ore Operation remain AF-1 and not changed to I-Industrial as recommended by the Pitkin County Planning and Zoning Commission. The Board finds that change to be unwarranted in the circumstances, especially in light of the over-all agricultural and low density residential nature of the area, BE IT FURTHER RESOLVED, that the above Pitkin County Zoning Maps be amended upon the terms and condition s, reason s, and findings, expressed above and as follows: 1. The general public is concerned over the growth rate experienced by the County for the past several years examples of which are the following: a) County population has doubled every ten years since 1950 with recent increases in the growth rate that would cause the population to double every five years, b) Recent increases in skier days (annual rate of 22l five years previous to March 25, 1974 down- zoning) resulted in a significant increase in multiple family units (19% per year). c) Local government spending has increased at the rate of 17I per year discounting increases caused by devaluation of the dollar or inflation -7- (ie. 1967 fixed dollars). d) Law enforcement costs have increased during the last five years at an annual rate of 20%. e) The growth rates have created a serious iag in the ability to provide necessary public facilities and services ie. hospital, transportation, jail, etc. f) Pressures for additional tourist lodging and housing costs resulting in a limited supply of low cost housing for local residents. g) The high cost of housing have forced many individuals and families of low and moderate income to seek housing outside Pitkin County thereby creating a substantial increase in private and public trans- portation costs and an increase in the congestion and safety hazards on public roads. h) Concentrations of high density residential develop- ments and the resulting excessive use of the private automobile have created the threat of air, water and noise pollution. i) Limitations on the capacities and service areas of municipal water and sewage treatment facilities cannot efficiently serve future tourist accommodation, residential and commerical uses located in remote and dispersed areas. j) The tourist oriented economic base must rely heavily on its aesthetically-pleasing and unspoiled natural environment in order to maintain the high quality of the resort experience and the prosperity and welfare of the present and future residents of the County. -8- 2. It is necessary to provide for the logical and continuous expansion of a road system in accordance with development and not to allow overloading or con- gestion of county roads; 3. Recent subdivision of land into thirty-five (35) acres and less has occurred in the County (over 200 parcels) and results in deterioration of the environ- ment for agricultural and ranching purposes, for main- taining the rural character and creates excessive demands for public facilities and services; 4. The Woody Creek area historically has been and currently is primarily in agricultural and ranching uses, and the Board wishes to encourage such uses; 5. A substantial portion of Woody Creek residents desire to preserve the agricultural and ranching uses and the existing visual, spatial and natural characteristics of the valleys; 6. There are areas within the County, including the Woody Creek area which have poor access, remote location, mountainous terrain, and lack of avail- ability of public facilities and services; 7. Certain of these areas are surrounded by National Forest lands, Bureau of Land Management lands, or privately owned lands currently under consideration for 160 acre minimum lot size zoning, all of which require compatible uses and lot sizes on adjacent lands; 8. The development of these areas to ordinary urban or suburban densities would cause irrepairable damage to the visual resource of Pitkin County which is an economically viable aspect of the economy; -9- 9. The continued division of land in areas currently used for agricultural purposes effectively removes those lands from agricultural production in a time of present and potential international food shortage; 10. The intent of the zoning proposal is to maintain and promote the agrarian character and agricultural utilization of the land; 11. The findings and conclusions with regard to the problems of rapid growth and density of development contained in Resolution No. 74-16, adopted March 25, 1974, are incorporated herein by reference as supportive of the rezoning enacted by this resolution. y '~ Dated : :~. ° 1.:~ - `7 ~; ATTEST: 1 Y1 Cam. ~ "~ n` C,n Deputy C1 erl BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY Dwight K. Shel man, Jr. Chairman -10-