HomeMy WebLinkAboutbocc.ord.016.2008RECEP~'iON#: 551003, o7f14/2008 at
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1 ~OF 3, R $0.00 Doc Code ORDINANCE
Janice K. Jos Caudill, Pitkin County, CO
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, ADDING THE FOLLOWING SECTION TO THE PITKIN COUNTY LAND USE
CODE, TITLE 8 OF THE PITKIN COUNTY CODE:
SECTION 7-20-20 (c) (7), HABITABLE RETAINING STRUCTURES
Ordinance Nord/(i -2008
RECITALS
1. Aspen Music Festival and School ("Applicant") has applied to the Board of County Co~mnissioners of
Pitkin County, Colorado ("BOCC") to add a new Section 7-20-20(c)(7) to the Pitkin County Land Use Code
to accommodate Habitable Retaining Structures.
2. The Pitkin County Planning and Zoning Commission considered the proposed code amendment at
regularly scheduled meetings on August 14 and 28, September 11 and 18, October 9, and November 6,
2007, and recommended approval by a vote of 3-l .
3. The BOCC considered the proposed code amendment at duly noticed public hearings on first reading on
January 23, February 25 and 27, March 10 and 12, and Apri19, 2008, and voted to approve the proposed
amendments on second reading on May 14, 2008.
4. The BOCC finds that the proposed code amendment is consistent with the applicable provisions of the
Code.
NOW, THEREFORE, BE IT ORDAINED by the BOCC that it hereby amends Title 8 of the
Pitkin County Code, the Land Use Code, to add a new Section 7-20-20(c)(7) as follows in Attachment A.
INTRODUCED AND FIRST READ AT PUBLIC MEETINGS on the 23"' day of January,
25"' and 27t'' days of February, l Ot'' and 12''' days of March and 9"' day of April, 2008.
NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 2T'' day of April,
2008.
APPROVED AND ADOPTED AFTER SECOND READING AT A PUBLIC HEARING on
the 14t'' day of May, 2008.
PUBLISHED AFTER ADOPTION in the Aspen Times Weekly on the ~~day of - k..C
2008.
THIS ORDINANCE SHALL BECOME EFFECTNE 30 DAYS AFTER PUBLICATION
FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS.
Ordinance Na~~-2008
Page 2
ATTEST:
~, /
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
~;
ack Hatfield, airman
Date r-J ~l ~~
Jones, Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
PO55-07
PID 273514401802
00000"
Cindy Houben,
Community Development Director
ATTACHMENT A
Section 7-20-20 (c) (7) Habitable Retaining Structures
Through the Site Plan process, an exception for "habitable retaining structures" and similar types
of construction may be permitted at the toe, or along the base of slopes equal to or in excess of
thirty (30) percent, including slopes in excess of forty-five (45) percent. This section shall not
modify other prohibitions on development including but not limited to those in Section 7-20-50
Geologic Hazards. This section is available only when all of the following conditions are met:
(a) The property on which the habitable retaining structures are proposed to be built has
previously been developed with a structure(s) that meets County Codes for human
habitation and that was built pursuant to valid County land use approvals and building
permits (as applicable).
(b) An engineer or a geologist licensed in the State of Colorado has provided a report
demonstrating to the satisfaction of the BOCC that the site can be engineered so there is
no hazard posed by the location of the proposed habitable retaining structures on such
slopes.
(c) The proposed structures shall be designed to function principally as retaining structures,
but may also be permitted for human habitation. A habitable retaining structure that also
meets the Code definition of a residential dwelling unit, or is a structure that would typically
be accessory to a residential dwelling (such as a garage), or any structure that includes
plumbing facilities shall not be allowed pursuant to this sub-section.
(d) The proposed development at the toe or base of the slope shall be designed to avoid
adding water to the site that would cause decreased stability or would increase the weight
load on the top of the slope.
(e) Slopes that are disturbed by the proposed development shall be re-contoured so they can
be re-vegetated, and a plan for such re-vegetation shall be provided which restores the
exposed slopes to a stable, natural condition.
(f) The proposed habitable retaining structures shall comply with the standards for retaining
walls found in Section 7-20-20 (e) (6) of this Code as applicable, but shall not be subject to
the limits on changing natural grade, the limits on graded, excavated or filled man-made
slopes, and the guidelines for retaining walls found in Section 7-20-20 (e) (2), (3), and (5)
of this Code.
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