Also Identified As an Amendment to the Zoning Plan
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MEMORANDUM TO: Pitkin County Planning and Zoning Commission FROM: Mike Kraemer, Senior Planner RE: AR-2 Zone District Land Use Text Code Amendment DATE: September 5th, 2017 SUMMARY OF REQUEST: A “Special Events Venue” is a use that is currently prohibited in the Residential – 2 Acre (AR-2) Zone District. The Applicant has proposed to amend the Land Use Code to establish a “Special Events Venue” as a Special Review Use within the AR-2 Zone District. Since Planning and Zoning Commission (P&Z) review of the request, there has been a “substantial change” to the proposal that is required to be reviewed again by the P&Z prior to final decision by the Board of County Commissioners (BOCC). Additionally, pursuant to Colorado Revised Statutes (C.R.S) Section 30-28-116, the requested amendment is also identified as an Amendment to the Zoning Plan. APPLICANT: Redstone Castle, LLC – Steve and April Carver REPRESENTATIVE: Glenn Horn BACKGROUND: The P&Z heard this request at a regularly scheduled meeting on March 28th, 2017 (Staff memo to P&Z, Attachment A). At this meeting, the P&Z adopted a motion to recommend approval of the proposed Land Use Code Text Amendment to establish a Special Events Venue as a Special Review Use in the AR-2 Zone District with the Staff recommended change to establish a 10 acre minimum lot size for a property to be eligible to request this designation. The purpose of establishing a 10 acre minimum lot size was based on the concept that larger acreage properties would have an advantage over smaller acreage properties to absorb potential impacts created by the Special Events Venue use. Potential impacts that have been discussed include but are not limited to noise, traffic, and parking. REQUESTED CHANGE: Since the March 28th, 2017 P&Z meeting, the Applicant has proposed to increase the 10 acre minimum lot size requirement to a 20 acre minimum lot size. The Applicant has stated that the purpose of increasing the minimum lot size to 20 acres is twofold: (1) A 20 acre minimum lot size will further the notion that a larger acreage property has an advantage over a smaller acreage property to absorb the potential impacts of a Special Events Venue use. Therefore, a 20 acre minimum lot is size is more appropriate than a 10 acre minimum lot size. (2) There was a concern expressed by Crystal River Caucus neighbors that, the proposed Land Use Code Amendment was too broad in scope and had the potential for widespread use by too many AR-2 zoned properties. Increasing the 10 acre minimum lot size to a 20 acre minimum lot size will reduce the number of Page 1 of 2 AR-2 zoned properties eligible to apply to be Special Events Venues to 8, of which 3 are owned by the Applicant (the Redstone Castle parcels). The following underlined language would potentially be added as a subsection in Chapter 4 and would be identified as Land Use Code Section 4-30-50(k)(1)(e): “Specific Standards for the Residential-Acre (AR-2) Zone District: Within the AR-2 Zone District, a property shall have a minimum lot size of 20 acres to be eligible for a Special Events Venue designation.” The Applicant’s requested change can be viewed in Attachment B. STAFF COMMENTS: On August 23rd, 2017, the BOCC heard the Applicant’s requested change to establish a 20 acre minimum lot size in the AR-2 Zone District for a Special Events Venue use. At this meeting, Staff was provided with direction that a majority of the BOCC supported the requested change. Pursuant to Land Use Code Section 2-40-10(b), any “substantial change” to a Land Use Code Text Amendment recommended by the Planning and Zoning Commission requires that the change be resubmitted to the Planning and Zoning Commission for its approval, disapproval, or suggestions, prior to an action by the BOCC. The P&Z is charged with providing a recommendation on this amended request. LAND USE CODE TEXT AMENDMENT RECOMMENDATION: Staff recommends that the Planning and Zoning Commission make a finding that the request to change the 10 acre minimum lot size requirement for a property to be eligible for a Special Events Venue designation in the AR-2 Zone District to a 20 acre minimum lot size is consistent with adopted County Master Plans as outlined in the Staff memo to the P&Z dated March 28th, 2017. Staff further recommends that the Planning and Zoning Commission adopt a motion to recommend approval to the BOCC for the requested change from a 10 acre minimum lot size to a 20 acre minimum lot size. ATTACHMENT: A. Staff P&Z memo dated March 28th, 2017 B. Applicant’s requested change Page 2 of 2 COLORADO WILDLIFE SCIENCE, LLC Ecological Research, Management & Consulting August 9, 2017 VIA EMAIL: [email protected] Glenn Horn Davis Horn, Inc. 215 S Monarch St # 104 Aspen, CO 81611 RE: Redstone Castle Elk Production Dear Glenn; It is my understanding that the issue of elk calving on the grounds of the Redstone Castle was raised by some neighbors at the Crystal Caucus meeting on May 11, 2017. As I stated in my March 31, 2017 letter to you, Colorado Parks and Wildlife (CPW) Species Activity Mapping (SAM) data indicates elk production habitat is located “…on the far eastern sides of the parcels on the steep slopes and high bench above the valley floor.” I also stated that the “…production area, winter range, and upper (or northern) winter concentration area mapped by CPW are more or less accurate. The production habitat [however] could be substantially refined based on vegetation type.” In addition, CPW District Wildlife Manager John Groves and I “…discussed the [elk] production area on the benches above the steep slopes and cliffs to the east. Mr. Groves informed me that although he had not observed recent production in that area, he believed that habitat appropriate for elk production did indeed occur in that area.” Characteristics of Elk Production Habitat Elk calving grounds or production areas are carefully selected by cows and are generally in locations where cover, forage, and water are in close proximity (Seidel 1977a, Phillips and Alldredge 2000, Barbknecht et al. 2011, Rearden et al. 2011). Calving sites occur in the lower to middle portions of summer range and often occur in the same general area each year. Although selected sites are used for a brief period in the spring or early summer, elk production habitat is often a limiting factor for a given population. Sites must provide security from harassment and be within or adjacent to high quality summer range. Elk are considered a hider species because the calf remains bedded at a location and responds to threats by remaining prone while the female moves away to forage, returning periodically to nurse (Altmann 1963, Phillips 1974, Boyce and Sauer 1978, Toweill et al. 2002, Barbknecht et al. 2011) . Seidel (1977b, 1977a) studied elk calving habitat at various sites in the White River National Forest. He found that cow elk prepare a distinct birthing bed and, for the most part, return to that bed each year. All birthing beds examined were in mature aspens with a thick understory of shrubs such as chokecherry (Prunus virginiana), serviceberry (Amalanchier alnifolia), and snowberry (Symphoricarpos spp.). All beds were located on southeast-facing slopes within 183 m (200 yd) of a water source. Personal observation by CWS of calving behavior in Pitkin County has largely confirmed Seidel’s assessment with the following additions: (1) The aspect variable described by 100 Elk Run Drive, Suite 128 Basalt, CO 81621 970.927.4549 info@ coloradowildlifescience.com www.coloradowildlifescience.com Davis Horn, Inc. ‒ Redstone Castle Elk Production August 9, 2017 Page 2 Seidel seems to be less important than the understory variable. Active elk calving habitat in Pitkin County is known to occur on variable aspects, but there is always significant woody understory vegetation which provides calves with hiding cover. (2) Very young spotted calves and probable birthing beds have been observed in narrowleaf cottonwood riparian habitat that has a dense willow, alder, and/or chokecherry understory. This suggests that this habitat type is also used for production in the Roaring Fork Watershed. Recent research supports Seidel’s conclusions (See Phillips and Alldredge 2000, Barbknecht et al. 2011) Webb et. al (2011) found that female elk show high levels of site fidelity even in the presence of increasing annual land development. Females did not appear to abandon previously established areas, but used ranges in a manner that minimized interaction with development within these areas based on reductions in range use size and fidelity as land development increased. Phillips and Alldredge (2000), however, found that reproductive success and calf survival decreased during years of disturbance suggesting a significant impact on population growth. In Colorado, habitat fragmentation as a result of housing developments and associated road and infrastructure construction may cause elk to avoid patches of habitat less than 0.04 km2 (9.88 ac). Elk prefer habitat patches greater than 0.24 km2 (59.3 ac) with available hiding cover (Wait and McNally 2004). Rearden (2005), in his study of elk calving behavior, concluded that nutritional considerations were more important than cover when selecting parturition sites. In Arizona, Wallace and Krausman (1985) found 94.4% of calf bed sites were in forests and Thomas et al. (1979) found that larger forest stands with at least 70% canopy closure provided satisfactory cover for elk. Odell and Knight (2001) found that houses and areas of frequent human activity in Pitkin County have a zone of influence (ZOI) that extends approximately 180 m in all directions into adjacent habitat.