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HomeMy WebLinkAboutbocc.ord.040.1997 _. _ I �.-- ----- --- . .. ,,,. .. ,.,. .-✓ _...,, r. ..�..j,�,. i , " C 3 ��`� R .c.�"�:b'•_,'. 'Vt. ,'L�.;� ' ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PTI'KIN COUNTY,COLORADO,AMENDING LAND USE CODE SECTION 3-60.40,SCEPIIC OVERLAY, •�'� �.�:�'. TO INCLUDE AREAS ALONG STATE HIGHWAY 133 ADJACENT TO REDSTONE AND � ADOPTING THE REDSTONE SCENIC OVERLAY MAP ; .; i .'i �{ 1;.:�. Ordinance No.97-yU f -: Y: . �;_ RECiTALS I 1. The Redstone Master Plan(hereafter"Plan")was adopted by the Pian�ing Commission on August � � . ." 13,1991,and was subsequently endorsed by the Boazd on October 29,1991,pursuant to Reso(ution No.91- ,. 1� 'i 143. ef ' I 2. One of the objectives in the Plan is to"identify land located within the scenic overlay of State � Highway 133 and consider land use tools to preserve such lands visible from the highway." � �� 3. Section 3-60.40 of the Land Use Code establishes Scenic Overlay areas and regulations for fdeve(opment within those areas. , I �... � �'�' 4. The proposed code amendment would include ce�tain areas along State Highway 133 adjacent to �' •s - 1`' Redstone within the Scenic Overlay. � 5. The Ptanning Commission reviewed the proposed code amendment at a regular meeting on "' F: 2< `t' February 18,1997,and recommended approvaL F 3:: j; 6. The Board heard this application at special meetings in Redstone on June 23,July 16 and October S � 29,1997,at which time evidence and testimony was presented with respect to the application. • f � 7. The Board finds the proposed code amendment and the amendment to the scenic overlay map are � . consistent with the recommendation of the Redstone Master Plan,and with the County's policy to preserve its natural,rural scenery for the benefit of its residents and the continued viability of its resort economy. � k' NOW,THEREFORE,BE IT ORDAINED by the Board that it does hereby repeal and reenact ''' � Section 3-60.40(B)(1) of the Land Use Code,as follows � V. : = � - , _ . > ��;` �.. ._. . _- . . � : i :i , . . / ` ,� ��, : _ � - ���. . � _ . . . _ ___ ----- y' . �—_ _ ._._. _ ._ _.. ._ . . ;:,2 r_. � � � ;�, ,, . --- �S�`. ,�... . �. _....., ... - . . �:�, ,., . . ._... .. :}.. ;,.� .�.�:ti:'+�. !.`,"� �� i, f.v:r,1i tv . �����. �l� `�Y!��4�;:.�;,Ifh.i���. Ordinance No.97� �'�: Page 2 ��i, �s�+`iFkF• 3-60-040 Scepic Overlay ;r;i� , A. Intent: The intent of the Scenic Overlay is to establish a Scenic conservation area which ' �� includes those lands which are proximate to and most visible from State Highway 82,Brush Creek Road, �' '.. Capitol Creek Road,anA Snowmass Creek Road,and State High�vay 133 adjacent to Redstone,with specific concerns for the areas which constit�te the visuaf entrance"image"and passage through Aspen T�`' �• and Pitkin County. _ qs..�;; The Scenic Overlay also identifies the need to maintain a naturat ridgeline silhouette against the �-' . �:.:;r,Y.�`_� sky and to steer developmenY away from ridgelines throughout the Counry as viewed from public roadway cortidors.The Scenic Overlay corridor is interpreted to insure tliat these developments are �,=' _ designed to complement the natural landscape and the natural features within the public viewplane in _;`�.�':' ' order to obtain an aestheticaUy pleasing,rural atmosphere. .c._-. ' �i B. Applicability of Regu(ations: Development on any parcel of land which fal{s within or is �;?; • + crossed by the Scenic Overlay on the officially adopted Pitkin County Zoning Maps shall be subject to ;; '' review to determine tlte conformance of the deveiopment with the evaluation criteria identified below. ?•' The Scenic Overlay maps inc(ude mapped ridgelines,scenic foreground areas and public viewplanes. �,'�'. ' ','r � Development shal!be defined as any construction,vegetation or grading activity which changes `' ��`�, the basic character or use of a parcel of land or which significantly alters the visibility of an existing use .� •T from a public right-of-way as identified below: '�� _ �� 1. Scenic Area: Those areas identified on the adopted Scenic Overlay maps.T6e mapped � areas are identified as viewed from the following rights-of-way: I . I a. State i-lighway 82 b. Brush Creek Road c. Capitol Creek Road d. Snowmass Creek Road e. State Fiighway 133 adjacent to Redstone C, Exemptions � 1. The specific development or use is covered by a previously issued,valid building permit. 2, All interior remodels which do not change any outside visual aspect of the structure. . 3. Lots within platted subdivisions approved by the Board of County Commissioners, which have designated building envelopes. �� 4. Metes and bounds parce(s with designated building envelopes approved after January 1, � 1988.This includes parcels which have received 1041 approvals and non-expired vested rights. D. Planning Director Sign-Off: The applicant shall demonstrate that development within � the mapped Scenic Overlay is insignificant and will not impact the visual quatity of the ridgeline or overlay area.In this case,the Planning Director may approve development with conditions upon a finding that: 1. Development cannot be seen from the designated corridors as defined in(Bxl)above; '��� ` i ', and/or 1 ' I �� i�� �': y : : , . . . i, - _ , _ , 5 +a .. . . ` . , �l " . � ♦ � . .k . . � .. _ . . __ __...._..__.—._- . . —.._ _' ._ . . . .w.+�'�.'�_"__ ._'._.�__. ._. a.7 •�;• ..;� � . t ' 'S'`"'°;�"'"�'`. Ordinance No.97-� ��f��R�;�` Pa e 3 .�k+,,.,�.. .,�;:. g - .. _. F-�'�i'-•':•=1s!:,�-: l:f�, 2. In tlte case of additions to or remodels of existing Itomes whe�e visibie development is ��:`.�;�'""�� thirty percent(30%)or less of the existing square footage of the structure and is found by the Direczor to - have an insignificant impact on the scenic resource;a��d/or ���i'= `•, 3. For areas not mapped within the Scenic Overlay but inctuded in ridgeline mapping,such '�; development shalt not break a ridgeline. '�!'�'��;' E. Review criteria for development within the Scenic Overlay and Ridge(ine mapping shall ):` be as fo{(ows: , L Whether the proposed development has utilized existing topography and natural g''`,`� vegetation,such as ridges a�id hills to screen buildings to the maximum extent possible. ,".:-a�-'` 2. Wheiher the proposed development has been designed to complement khe naturat Y�;.:;" topography of the land,inclading,whenever possib(e and appropriate,tfie utilization of innovative '�;: :: . � architectural techniques such as earth sheltered design,natural materials and coloring,non-reflectability. _':�' ' , and clustering of structures on the least visible poRions of the site, r ' 3. Whether the proposed development's height and bulk has been designed to avoid,to the �'' " � maximum extent possible,the visibility of buildings from the highway and public viewptanes. ��;�; -;• 4. The proposed structure shatl be placed sa it does not break a ridgeline,unless there are �,` . no alternate building sites on the lot. 5. Whether the proposed development lias avoided the location of uses on the highest a ��,:' ground or most visible portion of the site as viewed from State Highway 82 and pubtic rights-of-way, '`'�� identified in Section{B){1}above. ' ' � 6. Whether the proposed development has been located outside of the designated Scenic " �' ,�; Overlay,or on a suitable site at the greatesi distance possible from State Highway 82 and identified ridgelines. �I � 7. Whether the proposed development has been landscaped in accordance with the adopted State Highway 82 Corcidor landscape guidelines and has preserved natural vegetation,to the maximum �� extent possible,including the avoidance of development within irrigated meadows:Existing vegetation sliall be maintained to the ma7cimum extent possible,while using existing vegetation to screen . development.A landscaping plan shall be submitted by the appl+cant and approved by the Planning and Zoning Commission. 8. Whether the proposed developmenPs exterior(ighting has been designed in sucii a manner that light sources,such as facade and tandscape lighting,will not be seen from public rights-of- .? way as identified in Section(B)(1).In addition,an application shall be consistent with the lighting - regulations identified in the Pitkin County Land Use Code. � � 9. Landforms and earth moving shall generally not be acceptable as the so{e measure of - compliance with these regulations.However,they may be utilized in conjunction with other site techniques designed i�to U�e development plan.These methods may be acceptable when utilized as one of several methods to complement and enhance development,rather tfian as the single device for � screeniag development from view from the Siate Highway 82 Corridor and as mapped. '� 10. Whether tfie proposed development has been designed so as to avoid,to the maximum extent possible,any Scenic Viewplane identified on the State Highway 82 Corridor Master Plan and '�� Down Valley Comprehensive Plan. . ' I 1. In the case where 1041 hazard areas may be in conflict with preservation of scenic areas, the Board acknowledges that 104] issues take precedence over scenic concems.These issues s[iail be reviewed on a case-by-case basis. �<. .. j'S r yq j `- r .. 7 . � ' . , � ; � " ,.yr�� :.. � � . . a ,: � . . . 4 .. t'I .. f �' � . ... .�1 . � yMy�w.��.._ __�.�". . .. .�� .. .... ._� .._ ._._. ._. A�} _.. �..:_____ .. � � ._, OrdinanceNo.97-�� �� �'�` Page 4 �e�,.�:`� ��.,. " `��]..-iR�wR;�'' N F. The Planrting and Zoning Commission shalt review the proposed developmenc for its ,%`�%. . conformattce with the above criteria,and shall finally approve(inctuding such revisions or conditions as may be appropriate)or deny the proposal at a public hearing. `''�: `�> . 1� BE IT FURTHER ORDAINED diat the Board does hereby adopt tlie"Redstone Scenic Oveday" -'�'',:=;' map dated `'.�C - 1997. ='C,� NOTICE OF PUBLIC HEARING PUBLISAED IN THE AcPEN TIMES on the 24t1�day of '�'�'I'�� ' May,1997. 't:;r ` . INTRODUCED,FIIZST READ,AND PUBLIC HEARIlVGS HELD AT SPECIAL .. MEETDVGS on the 23rd day of June and the 16th day of July,1997. �PR�C����j1D ADOPTED AFTER SECOND REA.DING AND PUBLIC HEARING on ' the day o ��1997. �'�' ` / ' PUBLISHED AFfER ADOPTION IN TAE ASPEN TTMES on the�day of����� iI997. � rr ��r BOARD OF COUNTY COMMISSIONERS ' OF PITKiN CO ,COLORADO � . i 1 r BY . A ST: Bi uJe,��� _ . ; (E Date t Vl �y J ette Iones D uty Clerk and corder i - I ( '� APPROVED AS TO FOIZM: APPROVED AS TO CONTENT: J _ _ ; � /° 3� 97 , - � John Ety, Cindy Houben, Coun,y.At orney Community Development Director suz�nnew�pitkinlcases\uctamendUedstonelord.doc ;,,,., �y I~ - . I:9 i � �. .. .._._.__ '...__� .� . ! ...: ._.::_ . . ..:...: :.:.........��.. --;'"."'"'... ._......_...___ ___' 1 , �_ ..__._....__ .. ... .,.....,...,,. . . . . __•..�r , ...._. .,.�,..: ........:. . . . . , c �y . f' - 7 t ` � ' " r, : � �> . ( ` __ • � '�, � . . • � .�---------T----_ -- -� __ _ _ _. .__ _--�_�._._ p.� ,}..