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HomeMy WebLinkAboutbocc.con.073.2011 RECEPTION #: 578747, 03/29/2011 at APPROVED BY 03:37:33 PM, 1 OF 18, R $96.00 Doc Code AGFCON IITAACT # t GII RESOLUTION Janice K. Vos Caudill, Pitkin County, Co #177 - oo 9 VESTED PROPERTY RIGHTS AGREEMENT, CD -PUD PLAN DEVELOPMENT AGREEMENT, HISTORIC COVENANT AND AGRICULTURAL BUILDING COVENANT FOR MIDDLE RANCH PUD THIS VESTED PROPERTY RIGHTS AGREEMENT, CD -PUD PLAN DEVELOPMENT AGREEMENT, HISTORIC COVENANT AND AGRICULTURAL BUILDING COVENANT FOR MIDDLE RANCH PUD ( "Agreement ") is made and entered into to be effective as of the it day of Pet tt4 ° ,' z26i+e; by and between Middle Ranch, LLC, a Florida limited liability company ( "Owner ") and THE BOARD OF COUNTY 1 / COMMISSIONERS of the County of Pitkin, Colorado ( "BOCC "), as the governing body of Pitkin County, Colorado ( "County "). RECITALS A. Owner owns the real property located off of ¥est Sopris Creek Road commonly referred to as the "Fender Middle Parcel" or "Middle nch" which is more specifically described in Exhibit A attached hereto and incorporated herein (the "Property "). The Property contains 344.143 acres. B. The Pitkin County Hearing Officer granted certain approvals for the Property pursuant to ' Determination No. 08 -2008 recorded August 29, 2008 as Reception No. 552461 (the "Determination ") in the Pitkin County Clerk and Recorder's Office ( "Pitkin County Records "), including the following: Site Plan Review for a driveway; Activity Envelope Review; GMQS Exemptions (as applicable) and Special Reviews to establish the Property as a receiver site for up to four T'DRs for additional floor area up to 15,000 square feet, to construct a caretaker dwelling unit and a barn(s), to list the historic resources on the historic inventory, and to allow three water crossings (two bridge, one culvert) for the driveway. A standard three -year vested right was granted with the approval. The Driveway Site Plan and Activity Envelope Plan ( "Original Plan ") was recorded September 9, 2008 in Plat Book 88 at Pages 37 — 46 of the Pitkin County Records. -C. The BOCC designated the Swearingen Ranch Homestead on the Property to the Pitkin County Historic Register and granted incentives for the designation, including two non - transferable Transferable Development Rights ( "TDRs ") for use on the Property and a 10 -year vested rights period, pursuant to Resolution No, 017 -2009 recorded April 13, 2009 at Reception No. 557963 of the Pitkin County Records. As part of such approval, Owner agreed to stabilize and restore the Swearingen Ranch Homestead and, among other things, paid $110,000 to the County for renovation of the Emma Store property. The Covenant Agreement for the Preservation of Historic Resources was recorded as Reception No. 563102 of the Pitkin County Records. The historic resources located on the Property are the two (2) Cabins known as the Swearingen Ranch Homestead Cabins (collectively, the "Cabins ") and the irnnrediate landscape including the corrals and the remnants of a potato cellar. Exhibit B is two photographs — one of each of the two Cabins as they currently exist on the Property. . ll D. The Property was zoned RS -30. Owner applied to the BOCC for approval of: rezoning of the Property to the Conservation Development PUD ( "CD -PUD ") zone district; a CD- PUD Plan for "Development Option 2 — Commercial. Agricultural Development" to accommodate two (2) single family residences, two (2) caretaker dwelling units, and agricultural buildings; special review for horse boarding and wind power generation; an Activity Envelope for agricultural buildings; nine TDRs as provided in the CD -PUD zone district regulations; and to convert the two previously granted non-transferable TDRs to transferable TDRs (for a total of 11 TDRs). The BOCC granted such approvals as provided in Ordinance No. 006 -2010, recorded at Reception No. 570415 of the Pitkin County Records (the "Ordinance ") and Resolution No. 059 -2010, recorded at Reception No. 570412 of the Pitkin County Records (the "Resolution "). E. The purpose of this Agreement is to satisfy the requirements of the Resolution, including but not limited to those stipulated in subparagraphs B, C, D and E of Section 5 of the Resolution. A separate Deed of Conservation Easement among Aspen Valley Land Trust, the BOCC and Owner is recorded simultaneous herewith to satisfy the requirements of subparagraph A of such Section 5 of the Resolution (the "Conservation Easement "). Further, an Amended Driveway Site Plan and Activity Envelope Plan is recorded simultaneous herewith for the Property (the "Amended Map "), which Amended Map satisfies the requirements of Section 4 of the Resolution and supersedes and replaces the Original Plan. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual agreements herein contained, the recording of the Conservation Easement and Amended Map and the issuance of the 11 TDRs, the parties hereto stipulate and agree as follows. A. Vested Property Rights Agreement. 1. Prior Documents Superseded. Determination No. 08 -2008 recorded August 29, 2008 as Reception No. 552461; the Driveway Site Plan and Activity Envelope Plan recorded September 9, 2008 in Plat Book 88 at Pages 37 -46; Resolution No. 017 -2009 recorded April 13, 2009 as Reception No. 557963; the Vested Property Rights and Development Agreement recorded April 13, 2009 as Reception No. 557964 and re- recorded at Reception No. 557969; and the Covenant Agreement for the Preservation of Historic Resources recorded as Reception No. 563102, all of the Pitkin County Records, are hereby declared void and are superseded and replaced by the Ordinance, the Resolution, the Conservation. Easement, the Amended Map, the 11 new TDR Certificates and this Agreement. 2. Vested Rights. Pursuant to the Resolution, the BOCC granted and hereby grants and confirms to the Owner vested property rights, which vested property rights shall run with the Property, for a period of 20 years from the date of approval of the Resolution, that is until May 1.2, 2030, for and with respect to all of those development rights approved under the Ordinance and the Resolution, including the Amended Map, Conservation -2- 9- Easement, I I TDR Certificates and this Agreement, all as the same may be amended or supplemented in writing from time to time. The Ordinance, the Resolution, the Amended Map, the Conservation Easement and this Agreement, all as may be amended or supplemented from time to time, between the parties, collectively granting and defining the final approvals for the Property ("Approvals) constitute an approved "site- specific development plan" pursuant to § 24 -68 -101, e1 seq., C.R.S. ("the Vested Rights Statute "), and shall establish and extend vested property rights to develop the Property in the manner contemplated by the Approvals pursuant to the Vested Rights Statute until May 12, 2030 (the "Vesting Period Expiration Date "). In light of all relevant circumstances, including but not Limited to the size of the development, economic cycles and market conditions and in light of the unique benefits granted to the community by the Owner, the Property shall be vested against any changes in the County Land Use Code which may be contrary to or in conflict with those rights described in the Approvals through the Vesting Period Expiration Date. This Agreement shall be considered a "development agreement" as that term is used in §24-68 -104, C.R.S, and shall include the right to develop and use the Property in the manner permitted under the Approvals. Except as permitted under the Vested Rights Statute (including, without limitation, Section 24 -68 -105), no zoning or land use action by the County or action pursuant to an initiated measure that would alter, impair, prevent, diminish, impose a moratorium on development, or otherwise delay the development or use of the Property as permitted pursuant to the Approvals shall apply to or be effective against the Property or the development thereof until the Vesting Period Expiration Date. B. CD -PUD Development Plan. 1. CD -PUD Development Plan. Pursuant to the Ordinance, the Property was rezoned to the CD -PUD zone district. The Pitkin County Land Use Code provides two options in the CD- PUD zone district for development; and the Property was approved for development "Option 2 — Commercial Agricultural Development." The Resolution, together with the Amended Map and this Agreement contain the restrictions, limitations and parameters for the development of the Property and, collectively, constitute the approved CD -PUD Plan for the Property. 2. Uses. The Property is approved for all uses allowed in the CD -PUD, Option 2 zone district — specifically including, but not limited to, two single family residential dwelling units, two attached or detached Caretaker Dwelling Units, and agricultural buildings and structures. Additionally, the Property received special review approval for use for horse boarding and wind power generation. All wind power facilities shall be subject to Site Plan Review. Only one horse breeder shall board up to a maximum of 35 horses at Middle Ranch at any given time. Horse boarding facilities will not be open to the public and the horse boarder shall not run or otherwise operate any commercial horse riding operations from the Ranch such as commercial pack trips or horse riding Lessons to the public. Horse grazing shall be limited to the pasture areas and horses shall not graze within 100' of the high water line of any creek. Trips related to the horse boarding operation shall not exceed 10 visitor trips per day One visitor trip is defined as one automobile arrival or departure). -3- 3. Development Envelopes /Amended Map. The Amended Map provides the development envelopes for the Property, including a temporary spoils envelope, an activity envelope, an agricultural facilities activity envelope and a historic resources activity envelope. The temporary spoils envelope shall be reclaimed after completion of the construction on the Property. 4. GMQS Exemptions. The Approvals include growth management quota system exemptions for: (1) two principal single- family dwelling units with a combined floor area of 8,250 square feet, with no individual dwelling to exceed 5,750 square feet of floor area; (2) two caretaker dwelling units, each with a maximum floor area of 1,000 square feet (in addition to the final maximum floor area for the principal structures); and (3) 19,960 square feet of barn floor area provided such floor area is confined to the designated Agricultural Facilities Activity Envelope (in addition to the final maximum floor area for the principal structures and caretaker dwelling units). Horse/livestock run -in or loafing sheds shall count as barn floor area to the extent required by the Code, as may be amended from time to time, but may be located in the pastures and outside of the Agricultural Facilities Activity Envelope. For purposes hereof, "floor area" shall be measured as set forth on Exhibit C, attached hereto and incorporated herein by this reference. 5. Site Plan Review — Principle Residences. Prior to submission of an application for a building permit for a principle residence or other development permit applications for development other than the driveway, the Owner is required to submit for approval an application for Site. Plan Review, pursuant to Sections 2 -30 -20 and 7 -10 -50 of the County Land Use Code. C. No Subdivision Covenant. The Owner hereby restricts the Property in perpetuity against any future subdivision, partition, condominiumization, division or any other event that would create another lot, parcel, unit, or other division of land or interest out of the Property. This restriction includes the creation of parcels that are 35 acres or larger pursuant C.R.S. § 30 -28 -101, or its successor or its amendment. The Approvals allow the construction of multiple dwelling units, and this restriction precludes any portion of the Property, including such dwelling units, from being held in separate ownership. Title to all portions of the Property shall be held in one ownership. D. Historic Preservation Covenant. J . Stabilization and Restoration. Owner agrees to assume the total costs of stabilization and restoration of the Cabins, in a manner that complies with the Pitkin County Preservation Handbook for Historic Properties dated August 27, 2008 ( "Handbook ") as the same may be amended from time to time and as interpreted by the Pitkin County Historic Preservation Officer, so as to preserve the architectural, historical, archaeological, cultural, and /or engineering integrity of the Cabins and their features, materials, -4- appearance, and workmanship in order to protect and enhance those significant characteristics which qualify it for historic preservation treatment. Prior to the date hereof the County's Historic Preservation Officer ( "APO ") has approved a plan for stabilization of the Cabins. Stabilization of the cabins shall be complete, unless unforeseen circumstances cause a delay and such delay is deemed acceptable by the HPO, prior to November 1, 2010. Prior to submission of an application for a building permit for a residence on the property or for restoration work on the historic cabins, the Applicant shall submit a restoration plan for the Cabins to the HPO for review and approval. The restoration of the Cabins shall be complete prior to the earliest to occur of: (1) issuance of a Certificate of Occupancy for the first principal residence on the Property, (2) within two eonstnietion seasons of the sale of the second of the 11 TDR Certificates to be sold, or (3) by October 15, 2014. 2. Exclusion. Owner agrees that the County in no way assumes any obligation whatsoever for stabilizing, restoring, maintaining, repairing or administering the Cabins. 3. Inspection and Compliance. Owner agrees that the County's HPO shall have the right to request inspection of the exterior of the Cabins after the stabilization is completed and again after restoration is completed to assure compliance with this Historic Preservation Covenant, which request Owner shall not unreasonably deny. Notice of the inspection of the Cabins by the County HPO shall be pursuant to Section F.3 of this Agreement. Such inspections shall occur at such a time and day as Owner may reasonably require. The purpose of such inspections shall be to ascertain whether the terns of this Historic Preservation Covenant have been and are being met and to insure compliance with the terms of this Historic Preservation Covenant. The Owner or its representative shall have the right to be present at any inspection conducted by the County pursuant to this Paragraph. 4. Alterations. Owner agrees that the stabilization and restoration of the Cabins shall be in accordance with the stabilization and restoration plans approved by the County's HPO, and no significant alterations that were not contemplated in the approved plans shall be made to the exterior of the Cabins without the approval of the County HPO. 5. Use Change. There shall be no change in the use of the Cabins as accessory structures without the prior written consent of the County. 6. Standards for Review. Review and approval of any proposed construction, alteration, rehabilitation or relocation of the Cabins shall be by the County's HPO in accordance with the requirements and standards of the Handbook. 7. Public Purpose. Owner agrees that all changes made for the stabilization and restoration of the Cabins shall be in the spirit of contributing to the public purpose of protecting and preserving the Cabins. 8. Continuation. In the event that any component part or parts of the Cabins are destroyed or substantially damaged through no willful action or negligence of the Owner, and only -5- 5 if it is jointly determined by Owner and the County HPO that the affected structures) or feature(s) are to be preserved and not removed, all obligations contained in this Historic Preservation Covenant shall continue unabated, In the event that any Cabin is damaged or destroyed through the willful action or negligence of Owner, the County may initiate • such administrative or judicial actions as it deems to be legally available and appropriate. 9. Reserved Rights of Owner. Owner shall have all rights to utilize the Cabins not specifically limited or restricted by this Historic Preservation Covenant. Notwithstanding the preceding sentence, Owner shall take no action that is materially detrimental to the purposes of this Historic Preservation Covenant or in contravention of applicable Pitkin County. Land Use Regulations. E. Bam Covenant. 1. Covenant. The Property will contain agricultural buildings limited to a maximum of • 19,960 square feet Of exempt barn floor area. This exempt floor area may be contained within one or a combination of more structures and, except as otherwise specifically provided, the agricultural building(s) will be located within the Agricultural Facilities Activity Envelope shown on the Amended Map. For the purposes of this Agreement, the approved agricultural buildings and all appurtenances and fixtures associated therewith shall hereinafter be referred to as the " Bam(s)." Notwithstanding the foregoing, Owner shall have the right to apply to the County for special review approval for the construction of a Ranch Manager's residence within the Agricultural Facilities Activity Envelope and, if approved, such Ranch Manager's residence shall not be subject this Bari Covenant or considered a part of such exempt Bam floor area. 2. Uses. The use and occupancy of the Bam(s) shall henceforth be limited to the sheltering or enclosing of livestock, horses, poultry, feed or equipment, or to grow trees, shrubs, flowers or vegetable plants. 3. Inspections. Not more than once per year, representatives of the County shall be entitled to enter upon the Property, at reasonable times and upon at least 48 hours' advance notice to the Owner of the Property pursuant to Section F.3 below, or the Owner's representative, in order to inspect the Barn(s) for the sole purpose of determining compliance with the terms and conditions of this Barn Covenant. 4. Removal. If the Barn(s) or any portion of the Bam(s) is not utilized in a manner consistent with the foregoing, the area must be either removed or restored to an appropriate agricultural use. F. Miscellaneous. 1. Binding on Successors to Owner; Enforcement: Attorneys' Fees. This Agreement shall be a binding servitude, shall run with the land and shall be binding upon Owner, its successors, transferees, and assigns, in perpetuity, unless terminated by the terms of this Agreement or by voluntary relinquishrnent by the County. It is explicitly agreed by the -6- parties hereto that this Agreement shall be enforceable in the courts of the State of Colorado; and that in the event an action to enforce this Agreement is brought, that the party or parties which substantially prevail in any such enforcement action shall be entitled to recover from the non - prevailing party the full cost of such action (including reasonable attorneys' fees and costs), The parties may enforce the terms of this Agreement through actions for damages or injunctive relief or both. 2. Exercise of Rights; and Right to Cure. Failure of either party to exercise any right or remedy granted under this Agreement shall not be a waiver of any breach of this Agreement or rights or remedies to enforce the Agreement; provided, however, after notice of a violation, if the County fails to enforce a provision of this Agreement for three years it waives its right to do so. In the event of any default under the provisions of this Agreement, the non - defaulting party shall, prior to the exercise of any right or remedy, give the party alleged to be in default written notice of such default together with right for a period of thirty days after receipt of such notice to cure said default. If an alleged default by its nature or because of weather is not capable of being cured within the time provided, the party alleged to be in default shall, provided such party is proceeding with all due diligence, have up to an additional sixty days to cure said default (or sixty days after weather permits cure). If a default is not cured within the time provided or any extension thereof, the non - defaulting party shall then and thereafter be free to pursue any right or remedy allowed by this Agreement or otherwise by law. 3. Notices. Any notice allowed or required by this Agreement shall be given by certified mail, return receipt requested, properly addressed and with postage fully prepaid, to the address of the County or the then - current Owner of the Property as shown in the records of the Pitkin County Assessor's Office at the time of the notice. All such notices shall be effective seven days following the date the notice was deposited in the U.S. Mail. 4. Severability. Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such a manner as to be valid under applicable law; but if any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such provisions shall be ineffective to the extent of such invalidity or prohibition without invaliding the remaining provisions of such document. 5. Choice of Law. This Agreement and each and every related document are to be governed and construed in accordance with the laws of the State of Colorado. 6. Successors. Except as otherwise provided herein, the provisions and covenants contained herein shall inure to and be binding upon the heirs, successors, and assigns of the parties. 7. Section Headings. Paragraph or section headings within this Agreement are inserted solely for convenience of reference, and are not intended to, and shall not govern, limit or aid in the construction of any terms or provisions contained herein. 8. Waiver. No claim of waiver, consent or acquiescence with respect to any provision of this Agreement shall be valid against any party hereto except on the basis of a written -7- 7 instrument executed by the parties to this Agreement and except as specifically provided herein. However, the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition. 9. Gender and Number. Whenever the context so requires herein, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. 10. Further Actions. The parties to this Agreement agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Agreement or any agreement or document relating hereto or entered into in connection herewith. 11. Modifications. The parties to this Agreement agree that any modifications of this Agreement shall be effective only when made by writings signed by both parties and - recorded with the Pitkin County Records. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the day and year first written above. THE BOARD OF COUNTY COMMISSIONERS OF PTTKIN COUNTY, COLORA Al III By �• — 84.LL- ilE. - .-ee5 �� OWNER Lc L. c k .r w v 4- 14- MIDDLE .4 CH, LLC, a Florida limited Liability company Btk / - . t�l `� * ... t` , r • Josep 1. Edwards, III, its Manager » : , : ' Y STA *4 • . COLORADO ) \• , P1$$' : )ss. ' d' ..,. � it COUNTY OF PITKIN ) ' C I OF ockce i r The foregoing instrument was acknowledged before me this °, S day of )l' licv c. -- 29ter, by Gearge-Newmaa-as Chair of tte Pitkin County Board of County Commissioners. fie—LA—,—_J £ � � C-Laf ✓ LL, &Wt.414_ Witness my hand and official seal. My commission expires: 7_7? t C , ).tary Ain _g_ U .......... . STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) mob The foregoing instillment was acknowledged before me this 7 day of 4 2134$, by Joseph E. Edwards, III, as Manager of Middle Ranch, LLC, a Florida limited liability company, the Owner. Witness my hand and official seal. My commission expires: io/02 P 4 A � �pFtY �j iIIII� „- � �. �� otary Publl ; 1 NATALLIA F. -/ 777777 KHARKHAL, My Commission Exteres 10102801+ -9- LTG Policy No. LTPI387823 Our Order No. Q387523 "1 EXHIBIT °A" LEGAL DESCRIPTION PARCEL A: PARCEL 1 THE EAST I/2 NORTHWEST t/4 AND THE WEST 1/2 NORTHEAST 1/4 OF SECTION 27, NOW KNOWN AS TRACT 74, SECTION 27; ALSO ALL OF LOTS 6, SECTION 27, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, EXCEPT 5.4 ACRES, MORE OR LESS, AS DESCRIBED IN THE WARRANTY DEED RECORDED AS DOCUMENT NO. 90028 IN BOOK 166 AT PAGE 88 IN THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO. PARCEL 2: LOTS 3, 4, 5 AND 7, SECTION 27, AND LOT I, SECTION 34, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF PITKIN, STATE OF COLORADO, PARCEL B: PARCEL 1: A PARCEL OF LAND LOCATED IN THE NORTH 1/20F SECT TON 34, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE SIX'T'H PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHICH THE NORTHEAST CORNER OP SAID SECTION 34 BEARS NORTH 50 DEGREES 35' 21" EAST 2075.93 FEEL; THENCE SOUTH 26 DEGREES 30'58" WEST 64A6 FEET TO A POINT ON A FENCE LINE; THENCE SOU11188 DEGREES 33'42" WEST 546.22 FEET ALONG SAID FENCE LINE DEPARTING SMD FENCE LINE THENCE NORTH 53 DEGREES 05'33" EAST 11.9.28 FEET; THENCE S01511 89 DEGREES 58'18" EAST 479.45 FEET TO TILE POINT OF BEGINNING. ALL BEARINGS ARE RELATIVE TO POUND G.L,O. BRASS CAPS AT THE NORTHEAST CORNER OF SECTION 34, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND THE NORTH ONE - QUARTER CORNER OF SAID SELL ION 34, SAID BEARING IS NORTH 89 DECREES 59'32" NISI. PARCEL 2: A PARCEL OF LAND SITUATED IN THE NORTH 1/2 OF SECTION 34, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF'IBE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 34 BEARS SOU /II 89 DEGREES 59'32" EAST 961.78 FEET; THENCE SOUTH 5 DEGREES 52'00" EAST 111.58 F13ET TO A POINT ON A FENCE LINE; THENCE SOUTH 57 DEGREES 17'42" WEST 267.60 FEET ALONG SAID FENCE LINE; / I LTG Policy No. LTF1387523 *1 Our Order No. Q387523x1 EXHIBIT "A" LEGAL DESCRIPTION THENCE SOUTH 48 DEGREES 1427" WEST 58.97 FEET ALONG SAID FENCE LINE; T UENCE NORTH 64 DEGREES 41'00" WEST 98 :69 FEET ALONG SAID FENCE UNE; THENCE SOUTH 1 DECREE 37'54" EAST 1066.03 FEET ALONG SAID FENCE LINE; THENCE DEPARTING SAID FENCE LINE NORTI L 89 DEGREES 58'18" WEST 38.19 FEET; THENCE NORTH 00 DEGREES 00'32 "WEST 131.87.8 Fit I ; THENCE SOUTH 89 DEGREES 59'32" EAST 355.01 FF TT 7'O THE POINT' OP BEGINNING. 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'..4 k - • ;' , 4.. %., , ,-; . , .:-;%. , %.. , _ , E___=-._.• : 742. - - 41 -,.,: , '., iv -;.=',)Ii.i.* .1' xatii P,.- : - -, ...„...1 ' ' t . i .. ...._ _ 13 CHAPTER 5: DIMENSIONAL REQUIREMENTS 5 -20: Rules of Measurement 5-20-70: Measurement of Floor Area e existing or finished grade, whichever is lower, by more than five (5) feet. (3) Th. a shall be no eave -point that exceeds the prescribed height above existing or f- hed gra.: whichever is lower. Exception to this is if the ridge lines that extend to the outsi face of a build . to form a gabled end will be permitted, to the extent that they conform to . bsection (2) above: (b) On Flat, S': . and Barrel Roofs No roof point shall e' -eed the prescribed height above the existing or finished e vade, whichever is lower. (c) Multiple Roofs Where a building has multiple or fs, all roofs shall comply with these st :,/ .ards. (d) Measurement Vertically 'r; (1) Except as noted in Table 5 -1 for tfC and VR zone distr: , s, all measurements shall be made vertically; i.e., each point of a roof all be measured to ,'e point of grade that is directly below it-- vertical and plumb. Exterior windo 1�MJvells and staff ;'s shall be considered finished grade for roof points located above the well. Root points that . e not at the exterior of the building will be measured against existing grade only. \ ' (2) Cupolas shall be allowed on agricultural strucf -.s to the extent that the eave point of the cupola does not exceed three (3) feet above the 1 :art the underlying roof, and the peak or ridge of the cupola does not exceed five (5) feet a .d e the Tidge of the underlying roof. (e) Encroachments ., , ` 'ter � Antennae, chimneys, flues, vents, and / ilar structures shaO Ttot exceed the prescribed height limit by more than ten (10) feet. Water , .wers, mechanical equiprfre�nt, solar equipment, and similar equipment shall not exceed the pr -? ribed height limit by more than`lllree (3) feet. (f) Maximum Height Wit ncroachments \ The maximum height of a ding's tallest elevation shall not exceed forty feet measured from natural or finished grade, ichever is more restrictive, to the highest part of thh lding. (g) Building Comp' vents Except in the VC d VR zone districts, for the purpose of measuring building height any individual building compori t that Is located within twenty (20) feet (as measured from any poi from outside wall to outsith bvall) of the principal structure shall be considered a part of the principal cture. In the VC and . - zone districts, the above measurement shall be reduced to ten (10) feet (h) R - ,f' ' one District In the "R zone district, all methods of calculation shall remain the same as in all other zone distil, as , escribed within this definition with the exception that s bs- ... - i - - _ 5- 20 -70: MEASUREMENT OF FLOOR AREA (a) General In measuring floor area, all dimensions shall be taken from the outside face of framing or other primary wall members or from the center line of walls separating adjoining units of a building or portion thereof. For strawbale or log wall construction and for foundation walls, all dimensions shall be taken from the centerline of the wall. Veneer facades up to eight (8) inches in thickness shall be excluded from the calculation of floor area; that portion of a facade which exceeds eight (8) inches shall be Included, Fireplaces, elevators, stairs and similar features are included in the floor area on each floor. Structures that do not exceed thirty (30) inches in height measured above or below Land Use Code EXHIBIT Pitkln County, Colorado July 2006 C DEVELOPMENT AGREEMENT Page15 /1 CHAPTER 5: DIMENSIONAL REQUIREMENTS 5 -20: Rules of Measurement 5.20.70: Measurement of Floor Area finished and natural grades, and that are not covered by a roof or horizontal projection from a building are exempt from floor area calculations. A minimum of two percent (2 %) of the total floor area as calculated under the latest adopted Building Codes, or fifty (50) sq. tt., whichever amount is greater, shall be a dedicated mechanical area of at Mast seven feet (7') in height, which area shall contain mechanical, electrical and plumbing equipment, but no laundry or other household uses or appliances. The mechanical area may be dispersed in more than one location. Mechanical areas less than two percent (2 %) of the total floor area may be permitted when the building permit application includes a complete mechanical plan showing placement of all proposed systems and compliance with the latest adopted Building Codes. Mechanical plans must be provided by a mechanical contractor or engineer, or other professional approved by the Building Official. (b) Roof and Deck Overhangs The floor area of a building, or portion of a building, not provided with surrounding exterior walls shall include the area under the horizontal projection of roofs or floors, when the roof or floor exceeds eight (8) feet. These architectural projections are exempt for eight (8) feet of the perimeter of each story of the structure. This exemption cannot be used to transfer space between floors. In the VR and VC zone districts, an overhang of up to eight (8) feet on the street or back side of a structure shall be exempt from the calculation of floor area. Roof and deck overhangs greater than eight (8) feet may only be converted to enclosed interior areas when the resulting floor area does not exceed maximum floor area that would otherwise be applicable to the property under Table 5 -1. (c) Decks, Balconies, Stairways and Similar Features (1) Structures that exceed thirty (30) inches above natural or finished grade, and that are not covered by a roof or architectural projection from a building, are exempt from floor area for up to fifteen (15) percent of the approved floor area for the subject parcel or lot. Any areas in excess of fifteen (15) percent shall be counted toward floor area. Decks, balconies, stairways, and similar features with a horizontal projection greater than eight (8) feet may only be converted to enclosed interior areas when the resulting floor area does not exceed maximum floor area that would otherwise be applicable to the property under Table 5 -1. (2) Pergolas and open shade structures shall be considered part of the fifteen (15) percent of the approved floor area for decks, balconies, stairways, and similar features as specified above, so long as the following criteria are met: OveraU height cannot exceed twelve (12) feet above finished or existing grade, whichever is most restrictive. At least seventy (70) percent of the area of such structures shall be open to the sky. There shall be no more than two (2) layers of structure above the column capitals. Principal beams shall be a minimum of ten (10) feet on center and have a maximum dimension of six (6) inches in width and twelve (12) inches In depth. Secondary beams shall be spaced at a minimum of twenty-four (24) inches on center and have a maximum dimension of four (4) inches in width and ten (10) inches in depth. There shall be no walls. The doubling of beams over the columns shall be permitted. (d) Crawl Spaces (1) A Horizontal Crawl Space means an area below the first usable floor of a building or portion of a building, excluding decks, patios and terraces. Horizontal Crawl Spaces are exempt from floor area calculations when less than five (5) feet six (6) inches in height. Horizontal Crawl Spaces do not exceed the footprint of the exterior walls of the structure when used for exterior uses such as Jacuzzis, spas, hospitality bars, water features, sprinkler systems, and pool mechanical areas. Such Crawl Spaces shall be no larger than necessary to accommodate necessary mechanical equipment and may not be used for other uses. (2) A Vertical Crawl Space means an enclosed, unfinished, and non - habitable area that may exceed five feet six inches (5'61 in height and is located between the exterior of a foundation wall and the surface of the finished grade of a vertical or nearly vertical slope, which slope is retained by an engineered system which requires a separation between the foundation wall and the surface of the finished grade of the slope. Land Use Code Pitkin County, Colorado July 2006 Page 16 15 CHAPTER 5: DIMENSIONAL REQUIREMENTS 5-20: Rules of Measurement 5- 20 -70: Measurement of Floor Area Vertical Crawl Spaces shall be exempt from floor area calculations, provided they comply with the following: a) That the design is supported by an engineeringfgeologic study approved by the Community Development Department, which requires a separation between an engineered system and the exterior wall; and tr) The horizontal dimensions measured from the base of the exterior wall to the engineered system does not exceed six feet six inches (6'6 ";) and c) The area shall remain unfinished and contain no hard floors; and d) The area shall be limited to containing non -spark producing mechanical, plumbing, electrical, telephone, cable, audio, and water systems. Storage shall be prohibited; and e) Access to the area is limited to the dimensional requirements necessary for removal and repair or replacement of systems equipment; and t) The Vertical Crawl Space may be covered at the top with a waterproof structural lid that does not have any habitable enclosed space above; and g) The height of the Vertical Crawl Space shall not exceed twenty-five feet (25'.) (e) Attic Attic means an area between roof framing and the ceiling framing of the room(s) below. Attics are exempt from the calculation of floor area when less than five (5) feet six (6) inches in height, (f) Gas Station Canopies Up to one thousand (1,000) square feet of gas station canopy shall be exempt from the calculation of floor area for any approved gas station. (g) Additional Provisions for Lots and Parcels in the Urban Area Subject to FAR Limits (1) EXEMPT BELOW GRADE SPACES FOR PRINCIPAL SINGLE - FAMILY AND DUPLEX RESIDENCES Spaces below grade shall be exempt from Floor Area calculations for up to a maximum of four thousand (4,000) square feet, provided such spaces comply with the following requirements: (a) Exempt below grade spaces are located below both the natural and finished grades. If any part of the below -grade space is exposed above natural or finished grade (such as walk -out basement, walls or courts) the entire below -grade area shall be included in the floor area calculations. Exempt Below -grade spaces are no greater than twenty (20) feet in depth and no more than a single story. For purposes of this definition, 'story" shall mean that portion of a building included between the upper surface of a floor and the upper surface of the floor next above. (b) Exempt below grade spaces are accessed only by stairway or elevator from the story directly above, or through a door from a garage adjacent to the below -grade area. (c) Exempt below grade spaces are no greater than twenty (20) feet in depth and no more than a single story. For purposes of this definition, "story' shalt mean that portion of a building included between the upper surface of a. floor and the upper surface of the floor above. (d) Exempt below grade spaces do not contain doors to the exterior of the structure. (e) Exempt below -grade bedrooms are allowed no more than one (1) egress window per bedroom, Exempt below grade spaces that contain no bedrooms are allowed only one egress window. When below grade egress is achieved through one or more below grade bedrooms, no additional egress shall be provided. Egress window well size shall not Land Use Code PltkIn County, Colorado' July 2006 Page 17 / Y/ CHAPTER 5: DIMENSIONAL REQUIREMENTS 5-20: Rules of Measurement 5-20-70: Measurement of Floor Area exceed the minimum allowed by the International Building Code/International Residential Code, (1) Habitable exempt below -grade spaces may be provided with aggregate glazing area of not more than eight (8) percent of the habitable area of the room. For purposes of this exemption, "habitable' shall mean a space in a building for living, sleeping, eating or cooking. Unfinished basements shall be considered habitable spaces. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas shall not be considered habitable spaces. Window wells for natural light have a maximum dimension of three (3) feet from the exterior wall The maximum window well width shall be no more than the width of the window, Skylights and bay window -tike glazing are prohibited in below grade spaces. (g) Foundation walls for exempt below -grade spaces may be exposed above natural and finished grade to the minimum degree required by the IRC pertaining to foundation design. ON Up to ten (10) percent of any particular below -grade wall surface may extend above natural grade so long as the finished grade covers the wall surface that would otherwise be exposed. (1) Garages up to seven hundred and fifty (750) square feet may be incorporated into below - grade space and shall not affect this exemption as long as the only sections of building so exposed are directly related to the garage structure. Q) Floor area below natural and finished grade which exceeds the four thousand (4,000) square foot exemption shall count toward the calculation of allowable floor area. (2) GARAGES AND CARPORTS For the purposes of calculating floor area ratio and allowable floor area for a lot where the principle use is single family residence, garage and carport floor area shall be exempted up to a maximum of seven hundred fifty (750) square feet. On a lot which contains a duplex, garage and carport floor area shall be exempted up to a maximum of one thousand (1000) square feet. All garage or carport space in excess of the exempted areas shall be included as part of the residential floor area calculation. When an existing legal single - family or duplex dwelling exceeds the allowed floor area, the exempt garage space shall be reduced by subtracting the excess floor area from the exempt garage space. (h) Additional Provisions for VC and VR Districts In the VC and VR zone districts only: Spaces below natural and finished grade are exempt from floor area calculations up to a maximum of nine hundred ninety -nine (999) square feet of floor area. Floor area below grade that exceeds the nine hundred ninety -nine (999) square foot exemption shall count in the calculation of floor area. To be exempt from floor area, below grade areas must meet the following conditions: (1) The structure must be principally residential or commercial, or accessory thereto; and (2) Below grade areas shall not exceed a maximum depth of ten (10) feet as measured from floor to ceiling and shall include no more than a single story; and (3) Below grade areas cannot exceed the building footprint of the ground floor; and (4) Below grade uses are limited to non - habitable uses such as baths, laundry, mechanical, halls, utility, storage, etc., and shall not include garages or any uses that require natural light or ventilation pursuant to the applicable adopted building code; and (5) No more than one (1) egress may be allowed and is to be provided by a window that does not exceed the minimum requirements of the applicable adopted building code. No new exterior staircases may be allowed to access below grade areas; and (6) No more than one (1) window well may be allowed, but not to exceed the minimum area allowed by the applicable adopted building code, and not to be located on the street facade; and Land Use Code Pttkin County, Colorado July 2005 Page 18 /f CHAPTER 5: DIMENSIONAL REQUIREMENTS 5-20: Rules of Measurement 5- 20.80: Measurement of Gross Floor Area (7) The foundation wall or footing may be exposed no more than two (2) feet above existing grade.; and (8) If any part of the below grade space is exposed above natural or finished grade (such as walk- out basements, walls or courts) the entire below grade area shall be included in the floor area calculation; and (9) All dirt and other material excavated to allow for the below grade area must be removed from the site; and (10) All below grade areas must be approved by the Redstone Historic Preservation Commission, to the extent guidelines are applicable. (Code Revised (all sections) by Ord. No. 144), 2006; § 5-20-70 (part) amended by Ord. 010-2008,03-25-08) 6 -30 40: NIL kSURSMENT OF CROSS FLVIR PR-EA t •ss floor area is calculated by adding areas included in the measurement of Boor area, pursuant • Sec. - 20 -70, and the following exemptions from floor area: below -grade space, garage -nd carport •ursuant to Sec. 5- 20- 70(g)(1 and 2). Gross floor area measurement excludes b- s, and floor area 0 es exempt from the calculation of floor area pursuant to Sec. 6-30 -140 an• ec. 5-20 - 70(a-e), resp-. iveiy. (Code revised (all se ores) by Ord. 0140. 2006; § 5-20-70 ( pan) amended by Ord. 010-08, 03-26-0; 5- 20 -90: MEASU ENT OF USABLE OPEN SPACE Usable open space is mea red as that portion of the lot or parcel n. occupied by structures, but excluding rights -of -way, streets, •arking areas, and slopes over thirty 0) percent. 5-20-100: PERMITTED ENC •ACHMENTS INTO S BACKS FROM ROADS AND PROPERTY LINES In measuring a front, side, or rear yard setb , the h. zontal distance between the lot line and the closest projection of the principal or accessory -, ures shall be used. Required front, rear, and side setback areas shall be unoccupied and un• • cted from the natural grade skyward, except as provided below: (a) Changing existing grade less tha irty (30) inches height as measured above Or below natural grade; uncovered porches, -bs, patios, terraces, w- s, steps, decks, retaining walls and similar structures that do not exc - ' thirty (30) inches above or be •w natural grade — no restriction; (b) Driveways and associa - t retaining walls that do not exceed six • feet in height as measured above or below the natur. grade. (C) Fences and w. s used as fences as provided in the definition of "D= = opment" within this section. (d) Berms at do not exceed four (4) feet in height as measured from the natural grade. (e) F ces, walls used as fences, berms, hedges, or similar obstructions erected or ma stained wl - n twenty (20) feet of any street corner shall not exceed forty -two (42) inches in heig' as . •.• . -•- Web version 0212010 Land Use Code Pitkin County, Colorado July 2008 Page 19