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HomeMy WebLinkAboutbocc.ord.035.1998ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AMENDING LAND USE CODE SECTION 3-40.115, RURAL/REMOTE ZONE DISTRICT, SECTION 3-150.30, METRO AND NON -METRO GMQS EXEMPTIONS, AND ARTICLE 8, DEFINITIONS Ordinance No. 98- RECITALS 1. As directed by the Board of County Commissioners (hereafter "Board"), staff is proposing several amendments to the Rural/Remote zone district and associated provisions of the Code to provide additional clarification or refinement to the provisions in response to concerns raised by the Board during consideration of a request to rezone a property from Rural/Remote back to its original zoning, as well as in response to issues raised by staff and applicants in processing several Special Review applications for uses in the Rural/Remote zone. 2. The Planning Commission reviewed the proposed code amendments at regular meetings on on August 5, November 11 and November 25, 1997, and February 3, 1998, and recommended approval. 3. The Board reviewed the amendments at a regular meeting on June 10, 1998, and at a duly noticed public hearing on July 22, 1998, at which time evidence and testimony were presented with respect to the proposed amendments. 4. The Board finds the proposed code amendments are consistent with the intent of the Rural/Remote zone district and other applicable provisions of the Land Use Code. NOW, THEREFORE, BE IT ORDAINED by the Board that it does hereby amend Title II of the Pitkin County Code - the Land Use Code - as follows: Ordinance No. 98- 35 Page 2 Repeal and reenact Section 3-40.115 of the Land Use Code as follows: 3-40.115 RR RURAL/REMOTE A. Intent: The intent of the Rural/Remote Zone District is to preserve conserve and protect the natural environment and its resources; to preserve the unique low scale, low density backcountry character and lifestyle; to minimize environmental degradation; and to retain epen--spaee undeveloped areas; and to allow for balance limited recreational uses and limited to limit development while still preserving the character of Rural/Remote lands and to allow for the tranfer of development rights to areas that are more appropriate for development. Areas within the Rural/Remote Zone District exhibit some or all of the following characteristics: 1. Location more than one half mile from winter maintained public roadways. 2. Absence of traditional utility service districts, such as electric. gas and phone. 3. Limited availability or absence of rapid. traditional Pitkin County emergency services. 4. Little or no development exists in the surrounding area. 5. Presence of natural hazard areas or resource areas such as steep slopes, avalanche, high wildfire areas or important wildlife habitats. 6. Location within subalpine or alpine ecosystems, and/or location at or above 9.000 foot elevation 7. Location adjacent to Forest Service or Bureau of Land Management owned properties. 8, Unique backcountry character, including historic resources and isolated lifestyles. District. B. Allowed Uses: The following uses are permitted as of right in the Rural/Remote Zone 1. Non commercial recreational uses 2. Single family dwelling units, which may take the form of alternative/non-traditional structures such as domes, yurts, teepees and elevated platforms/treehouses contingent upon compliance with Uniform Building Code requirements 3. Shared water systems 4. Solar energy collectors for on site residential purposes Ordinance No. 98-5 Page 3 5. Wind powered apparatus for on site residential purposes 6. Pedestrian foot trails 7. Above ground generators which meet the decibel requirements of the Environmental Health Department. 8. Garden5ing outside of the building activity envelope up to 2,500 square feet in size. 9. Agricultural operations and practices which were in existence prior to this dinance (N ven ber , 5 , 995) January 2, 1996. 10. Fences which meet Colorado Division of Wildlife standards and are located outside of critical wildlife habitat as defined by the Pitkin County Land Use Code. 11. Repair of existing fences, regardless of location within wildlife habitat. 12. Termination of noxious weeds (as defined by the Pitkin County Land Management Department) within and outside of the bull activity envelope. 13, Home occupations. except home occupations that employ non-residents. * SINGLE FAMILY DWELLING UNITS MAY TAKE THE FORM OF RUCTURES SUCH AS DOMES, YURTS, TEEPEES AND ELEVATED PLATFORMS/TREEHOUSES, CONTINGENT UPON COMPLIANCE WITH UNIFORM BUILDING CODE REQUIREMENTS C. Special Review Uses 1. Automobile parking areas which centralize resident parking adjacent to existing roadways in order to allow alternative access to residences beyond that point (i.e.: skiing, hiking, snowmobiling, biking) 2. Driveways 3. Helicopter access for construction use only 4. Extractive operations 5. Transfer of development rights 6. Commercial recreational uses 7. Fences which meet Colorado Division of Wildlife standards and are located in critical wildlife habitat and/or migration corridors as defined by the Code. 8. Individual water supply Ordinance No. 98- Page 4 9. Individual sewage disposal system 10. Hydro plant to service a single residence 11. Expansion of footprint beyond 500 square feet to a maximum of to-1000 square feet be-Fequifed, 12. Legally created structures, existing prior to January 2, 1996, may be retained when a new structure is proposed, subject to compliance with one of the following criteria: a. The structure contains an existing dwelling unit, and either the new or the existing unit is deed restricted to be occupied by residents,as determined by the Affordable Housing Guidelines. However. year-round occupancy of the unit shall not be required. The deed -restricted unit shall be exempt from GMQS competition and scoring. but shall be deducted from the non -metro area residential quota. b. The structure is retained as an accessory structure and accommodates accessory uses only. subject to the definition of "Accessory Use or Accessory Structure" in Article 8 of the Land Use ode. 13. Extension of utilities such as electricity, water, sewer, telephone and cable. Such extensions must comply with special review criteria in Sections 3-210.10 and 3-200.95 of the Land Use Code. 14. Improvements to existing roadways including. but not limited to. widening, grading and drainage improvements, D. Prohibited Uses: The following uses/activities are prohibited in the Rural/Remote Zone District. 1. Winter maintenance of roadways and driveways, except for access to residential development sites approved prior to January 2, 1996. which have been historically and continually served by privately winter maintained driveways or roadways. 2. New accessory structures other than those allowed by Special Review 3. New roadways. 4. Uses not listed as allowed or special review uses 5. Individual water wells which are not otherwise approved by Special Review. 6. Traditional septic/leach field which are not otherwise approved by special review. Ordinance No. 98- Page 5 76. Disturbance of all living native vegetation outside of the building activity envelope, including grasses, forbs, shrubs and trees. except as required for wildfire mitigation. One standing dead tree per 5 acres shall remain undisturbed, if present, for bird of prey perching and nesting and for songbird perching and feeding. This provision shall not prohibit the general gathering of firewood from deadfall, nor does it prohibit the grazing of animals which have historically grazed the parcel prior to the adoption efthis r ul..tion (November 15 1995) January 2. 1996. 86. Caretaker and Employee Dwelling Units pursuant to Section 3-150.120 and 3-150.130. E. Dimensional Requirements: Except as may be permitted by Special Review pursuant to the provisions of 3-40.115 C., the following dimensional requirements shall apply to all permitted allowed and special review uses in the Rural/Remote Zone District. 1. Minimum Lot Area - 35 acres 2. Minimum Lot Area Principal Use - 35 acres 3. Maximum Size of Activity Envelope per Dwelling -Unit Principal Use - 0.5 acres 4. Minimum Front Yard Setback - Determined by Special Review 5. Minimum Side Yard Setback - Determined by Special Review 6. Minimum Rear Yard Setback - Determined by Special Review 7. Minimum Lot Width - 400' 8. Maximum Height per Principal Structure - No higher than 20' to the highest roof top of ridge or to the top of the parapet surface of a flat roof. 9. Maximum Footprint per Principal Structure - Not to exceed 500 square feet without special review approval. In measuring footprint. all dimensions shall be taken from the outside face of framing or other primary wall members. 10. Decks, porches, etc. - Not to exceed a maximum of 500 square feet. as measured from the outside face of the material. Structures including. but not limited to. decks, porches, slabs, patios, and terraces, shall be included in this calculation, and these structures shall be contiguous to the building footprint. 4-011. Maximum Allowed Floor Area Square Footage - Not to exceed 1,000 square feet. Below grade space and garage or carport space are included in the calculation of maximum allowed square footage. Up to 600 square feet of a legally created structure existing prior to January 2, 1996, which is retained pursuant to special review. shall be excluded from the maximum allowed square footage; square footage in excess of 600 square feet shall be included in the maximum allowed square footage The entire square footage of an historic structure shall be excluded from the maximum allowed square footage, Ordinance No. 98- Page 6 4412. Platforms/Treehouses - Not to exceed 250 square feet of floor area, which is included in the 1000 square foot maximum €leer -arm allowed square footage. 4-213. Outhouse, storage and mechanical enclosures shall not exceed a total of 400 160 square feet of floor area, which is excluded from the 1000 square foot maximum allowed square footage. * IN MEASURING FOOTPRINT, ALL DIMENSIONS SHALL BE TAKEN FROM TIIL OUTSIDE FAC ** FOR THE PURPOSE OF THIS ZONE DISTRICT, FLOOR AREA CALCULATIONS DO NOT PROVIDE EXEMPTIONS FOR BELOW GRADE SPACE OR GARAGE AND CARPORT SPACE. F. Zone District Boundaries: If a parcel does not meet the criteria as outlined in recital 1110 of this, original -zoning: Repeal and Reenact Section 3-150.30 as follows: 3-150.30 Metro and Non -Metro Area GMQS Exemptions The exemptions set out in this Section 3-150.30 shall apply in the Aspen Metro Area and the Non -Metro Area. All exemptions granted subject to paragraph C or M of this section shall be reviewed by the Growth Management Commission (GMC) and recommendations and comments from the GMC shall be forwarded to the Board of County Commissioners prior to final action on any AHO/PUD rezoning request. A. Construction of One Single-family Dwelling Unit or Duplex on any Lot which is Currently Unimproved and which was Subdivided before June 12, 1978 shall be exempt from growth management scoring and competition. Development approved pursuant to this exemption provision shall not be deducted from the Metro Area development allotments and development ceilings. Lands held by any governmental agency on or before June 12, 1978 do not qualify for this exemption. (Refer to building permit procedures Section 4-30, and building permit submission contents Section 5-230); B. Remodeling, Restoration, Reconstruction or Replacement of Legally Established Structures shall be exempt from growth management scoring and competition. Development approved pursuant to this exemption provision shall not be deducted from the Metro Area development allotments and development ceilings. (Refer to building permit procedures Section 4-30, building permit submission contents Section 5-230 and Section 3-150.40 for standards); C. Dwelling Units Constructed in the AH, AH2/PUD and AH3/PUD zone districts shall be exempt from the growth management competition and scoring procedures. Development approved pursuant to this exemption provision shall be deducted from the Metro Area development allotments and development ceilings established in Section 3-160.20 and 3-160.30. D. Dwelling Units Restricted to Affordable Housing Price and Income Guidelines Located Outside of AH Zone shall be exempt from growth management scoring and competition. Development approved pursuant to this exemption provision shall be deducted from Metro Area affordable housing development allotment pool and development ceilings and from the Non -Metro Area Residential Quota. Ordinance No. 98- J‹ Page 7 (Refer to Section 4-60 for procedures, Section 5-50 for submission contents, and. Section 3-150.110 for standards); E. Employee Dwelling Units shall be exempt from growth management scoring and competition. Development approved pursuant to this exemption provision shall be deducted from the Metro Area affordable housing development allotment pool and development ceilings and from the Non - Metro Area Residential Quota. (Refer to Section 4-40.50, Section 5-80 for submission contents and Section 3-150.120 for standards); F. Caretaker Dwelling Units shall be exempt from growth management scoring and competition. Development approved pursuant to this exemption provision shall be deducted from Metro Area affordable housing development allotment pool and development ceilings and from the Non -Metro Area Residential Quota. (Refer to Section 4-40.50, Section 5-50 for submission contents and Section 3- 150.130 for standards); G. Essential Community Facilities shall be exempt from growth management scoring and competition. Development approved pursuant to this exemption provision shall not be deducted from the Metro Area development allotments and development ceilings. (Refer to two-step review procedures Section 4-60 and 4-60.90, Section 5-60 for submission contents and Section 3-150.140 for standards); H. Commercial Developments with Negligible Growth Impacts shall be exempt from growth management scoring and competition. Development approved pursuant to this exemption provision shall be deducted from the Metro Area development allotments and development ceilings. (Refer to administrative review procedures Section 4-40, Section 5-50 for submission contents, and Section 3-150.150 for standards); I. Change in Use of an Existing Structure shall be exempt from growth management scoring and competition. Development approved pursuant to this exemption provision shall be deducted from the Metro Area development allotments and development ceilings. (Refer to administrative review procedures Section 4-40, Section 5-50 for submission contents, and Section 3-150.150 for review standards); J. Development Approved Pursuant to Subdivision Exemption shall be exempt from growth management scoring and competition. Development approved pursuant to this exemption provision shall not be deducted from the Metro Area development allotments and development ceilings. (Refer to Sections 3-190.20, 3-190.30 and 3-190.80); and K. One Additional Single -Family Unit on a Lot which Contains an Historic Dwelling Unit shall be exempt from growth management scoring and competition. Development approved pursuant to this exemption provision shall be deducted from the Metro Area development allotments and development ceilings. (Refer to two-step review procedures in Section 4-60, Section 5-50 for Submission contents and Section 3-80.60 for standards). L. The transfer of a single family dwelling development right from the Rural/Remote zone district to a separate parcel within Pitkin County shall be exempt from growth management scoring and competition. This transfer also requires special review approval under the Rural/Remote regulations and any other land use review approvals associated with the parcel receiving the development right. (Ord. 95- i Ordinance No. 98- "`7 Page 8 3 (part), 1995) (Refer to Section 4-60 for procedures. Section 5-50 for Submission Contents, and Section 3-210 for Standards); M. Dwelling units and local -serving commercial square footage constructed in association with a project approved for AH Overlay/PUD zoning shall be exempt from growth management competition and scoring procedures. Development approved pursuant to this exemption provision shall be deducted from the Metro Area development allotments and development ceilings. All non -accessory tourist oriented commercial development (including lodge units) done in association with an AH Overlay/PUD project shall be subject to growth management competition and scoring procedures unless otherwise exempt under another provision in this section or unless demolition credit has been granted for such commercial square footage or lodge units. For the purpose of determining whether a particular commercial use should qualify for exemption from the growth management competition process as allowed for in this section refer to the definition of Local -serving Commercial in Article 8. (Refer to Sections 4-60.20, 4-60.80, 4-80 for Procedures, Sections 5-110, 5-180 for Submission Contents, and Sections 3-170, 3-220 for Standards). N. Dwelling units restricted to Resident Occupied. as determined by the Affordable Housing Guidelines, which are located on a parcel in the Rural/Remote zone district, shall be exempt from the growth management competition and scoring procedures. Development approved pursuant to this exemption provision shall be deducted from the non -metro area residential quota. (Refer to Section 4-60 for procedures, Section 5-50 for submission contents, and Section 3-40.115 and 3-210 for standards). Add the following definitions to Article 8: ACTIVITY ENVELOPE means the designated area(s) on a property within the Rural/Remote zone district within which all development must occur. including, but not limited to. a well or other water supply. septic system. landscaping. construction. grading, vegetation removal or disturbance, etc. SUBALPINE AND ALPINE ECOSYSTEMS in Pitkin County are located between 9,000-11.400 and 11.400-14.000 feet in elevation. respectively. The subalpine ecosystem includes forests dominated by Engelman spruce and fir. which can be intermixed with distinct stands of lodgepole pine and aspen. Douglas fir forests can also extend up into the lower limits of the subalpine environment. Meadows are found throughout the subalpine zone and tend toward increasing soil moisture and decreasing size with increasing elevation. The alpine tundra ecosystem is found above tree limit, and is characterized by the absence of trees. Several distinct plant communities are found in the alpine ecosystem. including low shrubs. cushion plants, small forbs and lush meadows of sedges and grasses. Among other qualities, subalpine and alpine ecosystems function to collect. store, filter and distribute water for all the in -stream. agricultural. municipal. domestic, industrial and recreational purposes for which water is essential. WINTER MAINTENANCE OF ROADWAYS AND DRIVEWAYS includes plowing, blading, scraping. and snow removal. Winter maintenance of roadways and driveways is prohibited in the Rural/Remote zone district, except for access to residential development sites approved prior to January 2. 1996, which have been historically and continually served by privately winter maintained driveways or roadways. Ordinance No. 98- Page 9 Amend the following definitions in Article 8: BUILDING HEIGHT means the maximum distance allowed, based on the following criteria: a. On Pitched Roofs: 1) There shall be no mid -point of a roof which exceeds the prescribed height above existing grade, whichever is lower. The mid -point of the roof shall be defined as that point which is halfway between the top of the ridge and the eave-point. The eave-point is that point in the roof plane which is directly above the outside of the wall below. In the case of a covered deck or patio, the eave-point shall be that point which is directly above the outside face of the structure, or three feet (3') in from the edge of the roof, whichever is more restrictive. 2) There shall be no point of any ridge or other roof peak, which exceeds the prescribed height above the existing or finished grade, whichever is lower, by more than five feet (5'). 3) There shall be no eave-point which exceeds the prescribed height above existing or finished grade, whichever is lower. Exception to this is if the ridge lines which extend to the outside face of a building to form a gabled end will be permitted, to the extent that they conform to (2) above. b. On Flat Roofs: There shall be no point of a flat roof which exceeds the prescribed height above the existing or finished grade, whichever is lower. c. All roofs within a multi -roof building shall conform to these standards. d. All measurements shall be made vertically; i.e., that each point of a roof shall be measured to the point of grade which is directly below it -- vertical and plumb. Roof points which are not at the exterior of the building will be measured against existing grade only. e. Antennae, chimneys, flues, vents, and similar structures shall not exceed the prescribed height limit by more than ten feet (10'). f. Water towers, mechanical equipment, solar equipment, and similar equipment shall not exceed the prescribed height limit by more than three feet (3'). g. In no event shall any structure, including antennae, chimneys, flues, vents, water towers, mechanical equipment, solar equipment, and similar structures exceed thirty-eight feet (38') above existing or finished grade, whichever is lower. h. Except in the VC and VR zone districts, for the purpose of measuring building height, any individual building component that is located within twenty (20) feet (as measured from any point from outside wall to outside wall) of the principal structure shall be considered a part of the principal structure. In the VC and VR zone districts, the above measurement shall be reduced to ten (10) feet. i. VR Zone District: The maximum building height for principal structures is 17 feet. This measurement is taken from the most restrictive grade to the top of plate. On pitched roofs, no ridge point shall exceed 17 feet. All methods of calculation shall remain the same as in all other zone districts with the exception that roof midpoint shall not be calculated. j Rural/Remote Zone District: The maximum building height for principal structures is 20 feet to the top of ridge or to the top of the parapet surface of a flat roof, as measured from existing or finished grade, whichever is lower. All methods of calculation shall remain the same as in all other zone districts as described within this definition with the exception that items (a), (g) and (h) above do not apply. HOME OCCUPATION means a business, occupation or trade conducted entirely within a residential building or accessory structure for gain or support by a resident of the dwelling, and no other, which: a. is clearly incidental and secondary to the residential use of the building; Ordinance No. 98- Page 10 b. does not change the essential residential character of the use; c. employs no more than one (1) person who is a non-resident of the premises, except in the Rural/Remote zone district. no employees are allowed who do not reside on the premises; d. operates pursuant to a valid occupational license for the use held by the resident of the dwelling unit; e. is confined to no more than fifty percent (50%) of the total floor area of the main level floor of the dwelling; f. does not advertise, display or otherwise indicate the presence of the home occupation on the premises other than as provided in Section 3-110-130; g• does not sell any stock in trade, supplies or products on the premises; h. is not visible from any other residential structure; i. does not store outside of the dwelling any equipment or materials used in the home occupation; j. does not utilize mechanical, electrical, or other equipment or items which produce noise, electrical or magnetic interference, vibration, heat, glare, smoke, dust, odor or other nuisance outside the residential building or accessory structure; and k. does not include any of the following uses as a home occupation: antique shop, barber shop, beauty parlor, health or medical clinic, mortuary, nursing home, restaurant, veterinarian's clinic or dancing studio. INTRODUCED AND FIRST READ on the l 0th day of June, 1998. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 1 lth day of July, 1998. APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC HEARING on the 26th day of August, 1998. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the 5th day of September, 1998. A'TEST: Jea 'e Jones De ty Clerk and Recorde By Date BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Dorothea F. is, Chair U jC Ordinance No. 98- Page 11 APPROVED AS TO FORM: APPROVED AS TO CONTENT: Criz/e17-J?4c, ia. e %g Cindy Houben, Community Development Director suzannew\pitkin\cases\txtamend\rr\ord.doc