Loading...
HomeMy WebLinkAboutMinutes 10/23/17 PUBLIC HEARING October 23, 2017 Present: Jillian Ryan Chairman Kathy Chandler-Henry Commissioner Jeanne McQueeney Commissioner Beth Oliver Interim County Attorney Kathy Scriver Deputy Clerk to the Board This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: Business Items 1. Resolution 2017-069 Concerning Zone Change Moratorium in the Roaring Fork Valley Beth Oliver,Attorney's Office El Jebel Community Center, Sopris Room Executive Summary: The County is beginning to receive zone change applications for property comprised of five (5) acres or greater located within the boundary of the Mid-Valley Area Community Master Plan("MVAP")in unincorporated Eagle County that would result in more residential dwelling units per acre than the present zoning allows and that would result in commercial or industrial uses-by-right on property that is currently zoned for agricultural or residential uses. The County finds it essential to protect and preserve the environment and the public,health, safety and welfare of the County and its citizenry, and that it is in the County's best interest, consistent with the Land Use Act and the County Planning Code,to study the MVAP and the potential impact of more dense/intensive land uses and zoning on property located within the boundary of the MVAP. The County has therefore determined that the MVAP should be evaluated to assess whether it adequately guides and accomplishes coordinated,harmonious development of the Mid-Valley area of unincorporated Eagle County in accordance with present and future needs and resources. Consequently,the County is in the process of studying the land use/zoning designations of the MVAP to ascertain the potential build-out growth impact of the projected land use pattern upon the general landscape,environment,natural resources,and public facilities. A temporary moratorium on all zone change applications for property located within the boundary of the MVAP comprised of five(5) acres or greater that would result in more residential dwelling units per acre than the present governing zoning allows and on all zone change applications that would result in commercial or industrial uses-by- right on property that is currently zoned for agricultural or residential uses would allow the County sufficient time to review, study,hold public hearings and prepare and adopt amendments to the MVAP, if necessary,relating to the allowance or development of certain commercial uses,residential uses and industrial uses on property located within the boundary of the MVAP. DISCUSSION: Chairman Ryan opened the meeting to consider a resolution adopting a temporary moratorium on zone change applications in the Roaring Fork Valley area of unincorporated Eagle County. Beth Oliver, Intern County Attorney,provided an explanation for the basis. The moratorium would allow the county time to review the Mid-Valley Area Master Plan. The Roaring Fork Planning Commission would analyze the plan to determine whether any changes or amendments were necessary. 1 10/23/2017 Damian Peduto, Community Development Director, stated that there was no predisposed outcome anticipated. The exercise of going through the planning process would yield an understanding as to whether or not the land use regulations were capturing a balance. Ms. Oliver stated that if the resolution were approved,work sessions,public hearings, and press releases would be scheduled to encourage everyone to participate. Chairman Ryan wondered about the need for an extension. Ms. Oliver stated that if an extension was needed, another hearing would be scheduled. Mr. Peduto stated that if the Planning Commission resolved this more quickly there would be a resolution for lifting the moratorium. He described the public process. Commissioner Chandler-Henry asked about the 6-month time frame. Ms. Oliver stated that statutes allowed for 6 months and they believed 6 months would be an adequate time for this exercise. Commissioner Chandler-Henry asked about projects that were currently in the process. Mr. Peduto stated that it would depend on which point the projects were in. If a completed application were received prior to tonight,those would continue through the process. At this time he was not aware of any preliminary plan applications or rezoning applications. There were provisions within the resolutions that would allow someone to identify a hardship. Chairman Ryan opened public comment. Jacque Whitsitt,Town of Basalt Mayor, stated that she was around during the time when the Master Plan was created. She believed it was a good idea to take another look at the plan. She hoped the board would approve the moratorium. Katie Ingham spoke. She asked about the public notification process leading up to this hearing. Ms. Oliver stated that the moratorium had been in the works internally for several months when land use files had come before the board, and comments received during public comment resulted in conflict. There had been a lot of discussions about the Master Plan not being appropriate for the current times. The first notice of this meeting was last Friday. Ms. Ingham supported the moratorium but believed there should have been more information available. Ms. Oliver stated that simply,the moratorium gave the Planning Commission an opportunity to take another look at the Mater Plan and temporarily stop review of any zone change applications that had an increase in density or intensity of uses. She believed this was an efficient way of halting things and allowing time to look at things for six months, maybe less. Ted Guy,Aspen Architecture and Structural Engineer, spoke. He was the chairman of the Roaring Fork Planning Commission in 1990. He believed the county was making a mistake. He stated that the last Master Plan was reviewed in 1991,and in 2013 it was updated. He believed the Master Plan was well thought out, well- constructed, and current. He was also concerned with the timing and the notice of less than one week. He was uncertain about the legality of the moratorium. He believed the board had better things to do with their time then to go back and look at a very good master plan created four years ago. Susan Philp,Basalt Planning Director, spoke. She expressed support for the moratorium and thanked the board for their consideration. Cathy Markle asked how the moratorium would affect the PUD zone. She also asked for clarification about the language on page two of the resolution describing the moratorium on zone change applications. Commissioner Chandler-Henry clarified that the Master Plan wasn't to do with zoning, it was just the Future Land Use Map (FLUM). Ms. Oliver stated that in the FLUM there were designations for PUD zoning. Chairman Ryan closed public comment. Mr. Peduto responded to the comments made in public input. He stated that this had been a building question for the commissions. There had been sentiment expressed through various venues that led up to this point. The resolution would allow for the beginning of a process that would heavily involve the general public through workshops with the Planning Commission. The comments relative to the existing housing problems enforced the need to go back. PUD zoning was a zone district,and there were existing PUD zone districts on the maps. Those would not be affected unless they came in for a modification to a more intensive or denser use through a rezoning. The FLUM adopted by the Planning Commission considered a long range plan in designation that had a wider capture than zoning districts did,and for those rezoning was required.Where the language said"commercial or 2 10/23/2017 industrial uses by right"related to when a party might propose a commercial or industrial use by right as zoning district where currently that zoning district was agriculture or a lesser intensive district. Commissioner McQueeney stated that what had been heard over several months was that there was a misalignment with the community and the Master Plan and others believed the Master Plan was fine. It was a complicated situation. She thanked the Planning Commission because this was where the hard work happened. She thanked everyone for showing up and hoped that everyone would engage in the process. Commissioner Chandler-Henry thanked staff for their work and thanked the Planning Commission and the Roaring Fork for their work in putting together the Master Plan and their willingness to take a look again. She believed that taking six months to look at things and talk to citizens throughout the community made sense. She encouraged everyone in the community to attend the meetings and weigh in. Chairman Ryan added her thanks for everyone coming tonight and Eagle County staff for working with the board on the issue. This direction came from public input,the Planning Commission,the Town of Basalt and folks attending various files. She supported the moratorium. The current plan took a long time to develop and she worried that people dropped out of the process before completion. She believed the current plan was vague on growth and the language was unclear. The Master Plan was supposed to be a guiding document that lets developers know what the community envisions. It was important that there was predictability in the process. Commissioner Chandler-Henry moved to approve the resolution concerning the adoption of a temporary zone change moratorium in the Roaring Fork Valley. Commissioner McQueeney seconded the motion. The vote was declared unanimous. o4°Gte% There being no further business before t :,JC o: : i .-ting was adjourned u ' tober 24,2017. * df_ COCORP►90 / Attestiller _ ,/h-- er Ia the Boar. �. an 3 10/23/2017