HomeMy WebLinkAboutBocc Packet 08142013 LUC Amendment Chapter 5MEMORANDUM
TO: Board of County Commissioners
FROM: Joanna S. Schaffner, Zoning Officer
THRU: Lance Cld4Assistant Community Development Director
DATE: August 14, 2013
RE:
Proposed Land Use Code Amendment for Chapter 5: Dimensional
Requirements - Floor Area and Growth Management Exemptions Where
Portions of Residences are Made Compliant with ANSI (2009) Sections
1004 and 1005. Second Reading and Public Hearing
Background: Last year, the BOCC adopted exemptions from Floor Area and Growth
Management limitations to allow residences to be designed, constructed or remodeled in
accordance with the American National Standard (aka ANSI), the building code which
regulates development for disabled persons.
The BOCC directed staff to return with an amendment to add an exemption for proposed
renovations for existing construction where only a portion of the residence would be
made ANSI compliant. Also, to review options for future mandatory ANSI compliance
in new residential structures.
Applicability: To be eligible for the proposed Floor Area and Growth Management
exemptions, the residence must be designed to comply with the elements of basic
accessibility or visit -ability for residential structures as regulated by Sections 1004 and
1005 of the 2009 American National Standard (ANSI). Elements of these two Sections
include but are not limited to:
1. Access from a parking area to the entrance of the residence
2. Elevator access between floors of the residence (where applicable)
3. Access to kitchen, dining, social and living areas and related toilet areas
4. Bedroom and Bathroom accessibility
5. Secondary egress to grade
Exemptions Previously Granted: The following allowances (exemptions from Floor
Area and Growth Management limitations) were approved (Ordinance 38-2012) for zone
districts where floor area is limited by a ratio.
350 sq ft General Living
100 sq ft Elevator Allowance per accessible floor
100 sq ft Stair Allowance per accessible floor
(where 65% of existing structure is retained)
50 sq ft Existing Accessory Structure
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In zone districts where Floor Area was not limited by a ratio (5,750 lots), the BOCC only
approved a Growth Management exemption to add a Qualified Elevator to an existing
residence.
Current Proposal: In response to the Board's request for allowances for when only a
portion of the residence is made ANSI compliant, Staff proposes the amendments to the
Measurement of Floor Area outlined in Exhibit A.
This proposed amendment provides a 150 square foot exemption for existing residences
when only a portion of the residence complies with ANSI 2009 Section 1005. Access to
a % bath, and kitchen or an area intended for limited food preparation, in addition to a
social area must be provided.
In addition to the 150 square feet proposed above, another 50 square foot exemption is
proposed when access to at least one bedroom and bathing facility are provided
In either scenario, four of the five basic elements of access discussed on page 1 of this
memo must be maintained. The fifth element, access to bed and bathing facilities is
optional.
The BOCC approved the proposed amendment at 1st Reading on July 24, 2013, and asked
Staff to provide for a better understanding of how all these allowances might be applied.
The Board determined to take no action at this time on any mandatory accessibility
standards.
Staffoffers two scenarios to help explain the difference between the two levels of
exceptions.
Scenario #1
Jack has an existing residence in the Little Elk Creek Subdivision. It is a split level
residence typical of those constructed in the 1970's. The lower level contains a family
room, half bath, laundry and garage. The mid -level contains kitchen, dining, and living
areas, and the upper level contains three bedrooms and two baths.
Jacks mother uses a wheelchair, so she doesn't visit Jack very much in his three level
home. Jack can't do much to help because he has a home in a zone district with a floor
area ratio and can't add on to accommodate Mom's needs. Pitkin County to the rescue!
Jack can now take advantage of the proposed amendment to make the modifications
necessary so that Mom can visit without sacrificing the limited floor area needed by his
young family. Here's what Jack must do.
1. Provide access from the driveway to the entry. This can be done by regrading
or by constructing a ramp.
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2. Widen doorways and hallways on the lower level
3. Enlarge the bath on the lower level to accommodate the turning radius
needed for a wheelchair. Provide appropriate fixtures.
4. Provide a secondary egress to grade. This can include access to a deck.
5. Provide a limited food preparation area in the family room.
With these improvements, Jack has provided basic visitability features for which he can
receive a 150 sq ft exemption from floor area and growth management limitations to use
anywhere in the home.
If Jack is desirous of having Mom visit the kitchen and social areas on the mid -level, he
must make the following improvements in addition to1-4 above:
1. Widen doorways and hallways on the mid -level.
2. Provide an elevator for access from the lower to the mid -level.
These improvements, along with 1-4 above give Jack an additional 200 sq ft exempt from
floor area and growth management in order to install a Qualified Elevator accessed by
two floors.
Finally, if Jack intends for Mom to be able to spend nights, and wishes to accommodate
her with a bedroom and bathing facility, an additional 50 sq ft exemption is provided. If
the bedroom provided is the conversion of an existing bedroom on the third level, then, in
addition to the 50 sq ft„ an additional 100 sq ft is allowed per accessible floor for the
installation of the Qualified Elevator. Hallways and doorways on the third level must be
widened to provide access to the bedroom and bath areas.
Scenario 2
Nicole recently bought a lot in Pitkin County located in a zone district with a Floor Area
ratio. Finally she will be able to build her dream home to accommodate her family,
including her wheelchairbound child. Here's how Nicole can provide for her child in
their new home:
1. Provide access from the parking area to the house. This can be done by regrading
or by providing a ramp.
2. Provide doors and hallways of appropriate width.
3. Provide elevator access between floors
4. Provide at least one accessible bedroom and bath
5. Provide access to kitchen and social areas
6. Provide a secondary access to grade
By providing these improvements, Nicole can get an additional 350 sq ft exempt from
Floor Area and Growth Management limitations. Plus, if an elevator is necessary, an
additional 100 sq ft is provided for each level made accessible.
Summary:
In summary, the previously approved, 350 sq ft exemption is available when access is
provided throughout all aspects of the residence: living, bathing, sleeping, cooking.
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The smaller proposed 150 sq ft exemption is available when access is provided to more
limited areas but still requiring access to a'A bath, limited food preparation, and social
area.
Recommendation: Staff recommends that the BOCC approve the proposed amendment
for Floor Area and Growth Management exemptions for where a portion of a single
family residence is compliant with ANSI 1004/1005 by adopting the attached ordinance
at Second Reading and Public Hearing. Staff also recommends that no action be taken at
this time that requires compliancewith ANSI for all future construction.
Attachment:
Exhibit A Proposed Ordinance
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ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, AMENDING TITLE 8 OF THE PITHIN COUNTY CODE, SPECIFICALLY
THE 2006 LAND USE CODE
Ordinance No. - 2013
RECITALS
1. Pitkin County Community Development Staff has initiated a Land Use Code amendment to
Chapter 5 of the Pitkin County Land Use Code (PCLUC) to provide an exemption from Floor
Area and Growth Management for the development of single-family residences providing
accessibility to a portion of a residence pursuant to Sections 1004 and 1005 of the American
National Standard (ANSI) 2009. Amendments are proposed for:
Chapter 5 Area and Bulk Requirements
Section 5-20-70 Measurement of Floor Area
2. The Planning and Zoning Commission reviewed the proposed amendments at a regularly
scheduled meeting on July 10th 2013. The Commission voted 5-1 to approve the proposed
amendment for Floor Area and Growth Management exemptions for when a portion of a
residence will be / has been made compliant with Sections 1004 and 1005 of the 2009 ANSI.
3. The Planning and Zoning Commission reviewed three options proposed for mandatory ANSI
compliance for future development and decided to not make a recommendation to the Board of
County Commissioners until the use of these exemptions can be reviewed during the sunset
review of Ordinance 38-2012.
4. The BOCC reviewed the proposed amendment at 1" Reading at a public meeting on July 24,
2013 and at second reading at a public hearing on August 14, 2013. Evidence and testimony
were presented with respect to this application.
5. The BOCC finds that this Code Amendment is consistent with Pitkin County's goals and policies
regarding land use and development in the County.
6. The BOCC further finds that the amendments to the Code are consistent with County
Comprehensive Plans and in compliance with Section 2-40-10.
NOW, THEREFORE, BE IT ORDAINED by the Pitkin County Board of County
Commissioners that it hereby amends Section 5-20-70(k) of the 2006 Pitkin County Land Use Code, as
set forth in Exhibit A as underlined.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDIANCE
PUBLISHED IN THE ASPEN TIMES WEEKLY on the day of July, 2013.
NOTICE OF PUBLIC HEARING THE AND FULL TEXT OF THE ORDINANCE POSTED ON THE
OFFICIAL PITK N COUNTY WEBSITE (www.as_penpitkin.com) on the day of , 2013.
INTRODUCED ON FIRST READING AT A PUBLIC MEETING on the 24th day of July, 2013.
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Ordinance No.
Page 2 of 2
- 2013
APPROVED AND ADOPTED ON SECOND READING AT A PUBLIC HEARING on the 14th day of
August 2013.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY on the day of 2013_
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Jeanette Jones,
Deputy Clerk
George Newman,
Chairman
Date:
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely,
County Attorney
Community Development Director
LP
Exhibit A
SECTION 5-20-70 MEASUREMENT OF FLOOR AREA
(k) Floor Area Exemptions for ANSI Residences
Th f l e e pt ens s l b ilable where: (1) a secondary egress to grade is
provided, and (2) 100% of a single family residence provides compliance with Section 1905 of
the American national Standard, as amended (2009) (ANSI and 3) compliance with ANSI
trance of the residence, b) elevator access between floors (where applicable), and c) access to
f cil�es7 (This paragraph is integrated below.)
(1). In the AH-1-3, R-6, R-15, R-15A, R-15-B, R-30, AR-2 zone districts, floor area and
Growth Management exemptions are provided for ANSI residences.
The following exemptions shall only be available where: (1) a secondary egress to grade
is provided, and (2) compliance with ANSI Section 1004 is met pertaining to the
following elements: a) access from a parking area to the entrance of the residence, b)
elevator access between floors (where applicable), and c) access to dining, social and
living areas, and related toilet areas. These exemptions are cumulative.
(1) In the AH 1 3, R 6, R 15, R 15A, R 15 B, R 30, AR 2 zone districts, the following floor
area exemptions are provided for "u TStSI— ences. These e e ptions ulative
A. A 350 square foot exemption -is available for where 100% of one single-family
residence per site provides compliance with Section 1005 of the American
National Standard as amended (2009)(ANSI). In addition to compliance with
the requirements noted in (1) above, access must be provided to the kitchen and
at least one bedroom and bath facility; OR
A 150 square foot exemption is available where aportion of a new or existing
residence is proposed to comply with Section 1004, ANSI. In addition to
providing compliance with the requirements noted in (1) above, access must be
provided to the kitchen or an area intended for limited food preparation. An
additional 50 square feet exemption shall be available where access to bedroom
and bath facilities are provided in compliance with ANSI Section 1004.
B. A Qualified Elevator plus the associated unobstructed access directly in front of
the elevator, shall be exempt from Floor Area calculations for 100 square feet per
floor or level that is ANSI -compliant. A Qualified Elevator is defined as one
which is designed for residential use, equipped and certified for low service
headroom, accommodates accessibility, and is sufficient in size to allow an
assistant to ride in the elevator as may be needed.
C. One Accessory Structure constructed prior to December 19, 2012 which contains
at least 250 square feet of livable area may be increased by up to 50 square feet
exempt from floor area calculation when accessible sink and toilet facilities, and
accessible exterior access to the residence is provided.
D. Only for an existing, multi -level, single-family residence to be remodeled/
renovated, where at least 65% of the residence is retained after the
remodel/renovation, then interior stairs and/or ramps and direct access to same,
(whether the stairs and/or ramps are new or replaced), shall be exempt from floor
area calculations for 100 square feet per floor or level.
(2) In the AR-10, RS-20, RS-30, RS-35, RS-160, and LIR zone districts, the following
Growth Management exemption is provided for ANSI residences:
A For an existing, multi -level, single family residence to be remodeled/ renovated, the
Qualified Elevator exemption noted in Section 5-20-70 (k)(1)(B) shall be provided where
(1) a secondary egress to grade is provided, (2) 100% of a single-family residence
provides compliance with Section 1005 of the American National Standard, as amended
(2009) (ANSI), and (3) compliance with ANSI Section 1004 is met pertaining to the
following elements: a) access from a parking area to the entrance of the residence, b)
elevator access between floorskwhere applicable), c) access to kitchen, dining, social and
living areas, and related toilet area, and d) access to bedroom and bath facilities.
(3) Spaces permitted as "below grade" and exempted through 5-20-70(g)(1), shall not be
included in determining the percent of compliance or retention of a residence, and shall
not be modified with an egress door or external ramp.
(4) Occupancy Covenant and Agreement: An Occupancy Covenant and Agreement shall
be recorded against a property that takes advantage of a floor area exemption for an
ANSI Residence. The Occupancy Covenant and Agreement shall specify that the exempt
floor area may only be permitted for proposed or demonstrated compliance with the
American National Standard (2009), aka ANSI, as required in Section 5-20-70 of the
Pitkin County Land Use Code. The Occupancy Covenant and Agreement shall also
allow the County to inspect the ANSI Residence at any time for compliance with the
specified limitations, subject to the provision of reasonable notice to the property owner.
It shall be noted that these exemptions do not create any non -conformity relative to Floor
Area, Growth Management, or Building Height, and that the lot is not entitled to retain
the square footage provided by these exemptions when redeveloping with a non -ANSI
compliant residence. The form of the Occupancy Covenant and Agreement shall be
approved by the County Attorney.
(5) Sunset Provision: These ANSI Floor Area and Growth Management Exemptions
shall be reviewed by the Board of County Commissioners three (3) years after the date of
adoption, at which point they must be renewed or they will automatically expire. The
purpose of the review will be to evaluate how the exemptions have been used and
whether it is appropriate for the exemptions to be retained, modified, or repealed.
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