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Home My WebLink Aboutbocc.ord.043.1996 �C I lyi`t f'" �� ORDINANCE OF THE PITHIN COUNTY BOARD OF CQUNTY COMMISSIONERS - . AMENDING 5ECTION 3-200.90 OF THE PITKIN COUNTY LAND USE CODE `r.;., .� FOR THE PURPOSE OF REQUIRIIYG TRANSFERABLE DEV�LOPMENT RIGHTS • 1. FOR RESIDENTIAL DEVELOPMENT EXCEEDING 15,000 SQUAR�FEET :.��.�•�� OF FLOOR AREA • i:`. ORDI11sANCE NO.96-� Recitals , r . 1. The Boazd finds that the use of transferable development rights(TDR's)to increase floor �-, area above 15,000 square fee is consistent with the goai of the County to reduce development i` ' within the Rurat and Remote Zone district and to place development in appropriate locations in a " tite County_ ` i. 2. The Board finds that requiring Transferable development rights in associallon with a ' Special Review to allow residential deveiopment above 15,000 squaze feet provides fucther � inceniive for the use of TDR's thereby accomplishing the land use objectives of the Pitkin County Land use code while ensuring the resulting development is consistent with paralleling �'�� environmental,energy and visual goals as outlined in Section 3-2(?0.90. i `; a NOW,THEREFORE SE IT ORDAINED by the Board that it does hereby amend Section F,,II 3-200.90 of the Pitkin County Land Dse code as follows: � 3-200.90 Residential Development w+th morc than 15,000 Square Feet of ltesidential � ,, Floor Area AI!pazcels of tand less Uian twenty{2o)acres in size shall include the square footage of all structures on the properiy,for the calculation of House Size Special Review.All pazcels of land twenty{20)acres and larger shall include only the residential square footage on the property for the calculation of House Size Specia]Review. A. The following Criteria are to be used in conjunction with the Speciai Review Criteria established in Section 3-210 of the Land Use Code in order to allow residential and accessory structures to exceed 15,OOQ square feet of total floor area. The Board may grant a development permit for a residence to exceed 15,OQ0 square feet of floor area on a lot based upon a finding that the following criteria aze satisfied in a reasonable manner.Ttie Board takes final action on floor area special review requests as a one-step review. Special Review shall be tl�e mechanism to assure that any increase in floor azea beyond that • allowed by right will not have utueasonabie negative impacts in accordance with the following provisions as set forth betow.To apply for an i�crease in floor area the following criteria shall be addressed by the applicant: 1. Acquisitio�:of Trmrsfernble Develapme�rt Rigfrts(TDR's)pursuant to sectioit 3- ' 150.160 is a tirreshol�l mini�rinm requrrer�aelet tn e.zceed I5,000 squnre feet of total'Jloor aren. ` �- i J r . , , `,;r .`;,.• . � .a .,; Ordinance No. �7�-' � �'� . � �;:... Page 2 F•i'.::;: 2. Energy Consumption ; ,� ti. a. Has the residence been designed with concentration on limiting the use of e��ergy resources and consumptive use? '� b. Has the design and construction of the home taken into consideration the inclusion of renewable non-poiluting energy resources for the primary source of energy for the = entire project? ! � � Y : c. Have high efficiency construction materials been used throughout the project? d. Does the operation of the house contain setf-regulating systems which control the ' use of energy when the home is not occupied? i e. Does the project meet the requirements of the Model Energy Code as adopted by , the Boazd of County Commissioners on March 27,1990(hereinafter"Modei Energy Code")or any subsequent amendments?Tf the project is an addition or remodel does it improve the energy ; efficiency? � - f. Do heating and cooling appliances within the resideace meet the requirements of � the Model Energy Code? 3. VisualImpacts a. How does the proposed structure visually impact those who routinely see it from �'" - viewing locations other than on the subject property? b. Is the visual chanee significant,as compared to what would be permitted without special review? c. Has the visual impact been mitigated? d. Do the immediate neighbors or Homeowner's Association approve? e. Do landform and landscaping mitigatian measures appear natural as related to the former condition and suaounding environment? 4. $nvironmental Concems . � a. Does the proposed residence encroach or impact environmental resources such as floodplain,slopes exceeding 15%,geologic hazards,wildtife,wildfire,groundwater,ridgelines, vegetation manipulation,topographic characteristics on-site,agricultural lands and other similar features? 1 � / . . c.:;:.�: . ��;_,•-�� . �:; `�,,�.. .� i ` . , r . 4 ' �:.•. 't I ____ �.�..�.�...� , F o� rf � OrdinanceNo. /�A--�J3 } Page 3 b. If the proposed construction is taking place on slopes which exceed]5%,is there another location on the property the house cou(d be sited?If not,what mitigation measures are `ti taken to lessen the impact of scarring the cut slope? "-; 5. Lighting �� a. Has the proposed lighting of the residence and property been designed to avoid off-site visaal impacts(down cast or shielded lights)?Has the lighting style been designed for primarily safety considerations?Is exterior lighting located and designed to provide adequate ;:_�� safety and security while minimizing glaze and spill-over onto adjacent properties? 6. Homeowner's Associations and Adjacent Property Owners � . a. Is there a legally established and active Homeowner's Association which has covenants binding upon the subject property? Has the governing body agproved the proposed ' development? b. Are the adjoining property owners opposed to the proposed development? i 7. Uses '°. - a. Is the additional floor azea requested for the purposes of use for agricultural , operations? r 8. General a. Is the proposed development consistent with the existing scale and bulk � characteristics of the neighborhood?Is fhe subject property located on a conforming size lot in the zone district? !. b. How are road cuts,slope cuts and disturbance to natural terrain on the site mitigated in their finished form? � c. Does the proposed development reduce Building Code deficiencies and/or tend to promote healtl�and safety or environmental concems? 1 9. Has the natural vegetation of the site been ' protectedheplaced/maintained/enhanced to the maximum extent possible? , • 10. Has the development preserved open space via clustering structures or lowering allowed density on ihe property? � B. In connection with its review of the application with respect to the above issues, ! . the Board shail make the following findings in addition to finding conformance with the Policies, ' � I` f ' ,a i � -� 4 , ' . , •:.. s � �`i3 �� Ordinance No. � Page 4 Standards and Special Review criteria of the Code in order to approve an increase in the allowed - floor area. `'� ^,. 1. The applicant has demonstrated that it will utilize significantly improved energy ;; efficient appliances in the structure and/or that tUe structure has been designed azid wi(I be constructed with other energy conservation measures such that the overall energy e�ciency of the shucture will meet the Model Energy Code as adopted by Pitkin CounTy Board of County Commissioners on March 27,i 990,or subsequent amendments,or if the application is for 1 remodel or addition,the overall energy efficiency of the structure will be significantly improved. r .. }' . 2. The increase in visua[impact of the proposed structure,to the extent it exceeds . the square footage allowed by right,will have minimal impact on those who would rourinely see , it,eitl�er by virtue of its location,design and/or construction,or by virtue of landform and landscaping mitigation measures. 3. The landform and landscaping mitigation measures to be employed by the applicant will appear natural as related to the former conditions and surrounding environment. 4. The proposed additional square footage wili not significandy increase the environmentat impact over the imQact that a structure allowed without special review would i�ave had or,alternatively,that the application provides adequate mitigation for such additional impacts. 5. The proposal will not require construction on siopes which exceed fifteen percent (I S%)uniess the application proposes adequate measures to minimize the visual impacts of any �,.: scarring of cut slopes. 6. The proposai will not contain outside lighting in excess of that required for safety and such outside lighting will minimize glare and spill over to adjacent properties. 7. The proposed additional square footage will create minimal additional disturbance to the natural tarrain;the natural vegetation of die site will be protected,replaced,maintained and/or enhanced,to the maximum extent possible,and road and slope cuts will be minimized and their impacts will be mitigated. 8. The increased floor azea is consistent with the scale,bulk and cl�azacter of d�e neighborhood and the zone district.If the proposed structure is located in a subdivision with an active homeowner's association with an architectura!review board,and such homeowner's association has approved the proposed structure,this finding shall be presumed,uniess the Board " finds extenuating circumstances. 9. The natural vegetation on the site will be protected to tl�e maximum extent possible. I i ' ti'�; -. ' e _._._ m.e,..�..w„ ..��aw>.uc,�•�.� ;i �i OrdinanceNo. �lF'��3 �;'��'.y Page 5 10. . The proposal is sensitive to the preservation of open space on the property.(Ord. - . 95-3(part), 1495:prior code§3-1909) � �:. INTRODUCED,FIRST READ,AND SET FOR PUBLIC HEARING at a regular ��," meeting on the 271h day of August, 1996. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 7th day of September,1996. r.. � �PROVES�DOPTED AFTER SECOND READING AND PUBLIC HEARING f on the day of 496. ' UBLISH D AFTER THE ADOPTION IN THF ASPEN TIMES on the��day of_'�a�a�,1996. ATTEST: BOARD OF COUNTY COMMISSIONERS,OF PITKIN - � COUNTY,COLORADO `. I . I ) BY�: ! ��ii,�. , �/ '�__ sy: ..�. 2�— Jeane e Jones i J s R.True,Chair � Depu�y Clerk and Recorcl�r ate:_��—��-�C APPROVED AS TO FORM: APPROVED AS TO CONTENT: i !��yi i i��-G�___, . John Ely, Cindy Houben, � County County Community Deveiopment Director � �- � ..;.�: . � �;�' , .., r n •�i