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Home My WebLink Aboutbocc.ord.019.2013 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,AMENDING TITLE 8 OF THE PITKIN COUN'T'Y CODE,SPECIFICALLY THE 2006 LAND USE CODE Ordinance No.:0ic 2013 RECITALS I. 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 10ih 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 SI-TORT SUMMARY OF THE ORDIANCE PUBLISHED IN THE ASPEN TIMES WEEKLY on the j_jday off�l1Jxl*,2013. An t/5 NOTICE OF PUBLIC HEARING THE AND FULL TEXT OF THE ORDINANCE PASTED ON THE OFFICIAL PITKIN COUNTY WEBSITE(www.aspen_pitkin.com)on the 4 day of/Ma 2013. INTRODUCED ON FIRST READING AT A PUBLIC MEETING on the 24th day of July,2013. 5 I Ordinance No.O' O -2013 Page 2 of 2 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 then day°CA'/Mt 2011 A ST: B4 ' OF COUNTY CO, MISSIONERS 7 0 'IT IN COUNTY,C SS,(ORADO \ ,i /j , / ', ♦.t L' . J . ette Jones, 'George Newman, U Iuty Clerk Chairman Date: / APPROVED AS TO FORM: APPROVED AS TO CONTENT: J :9∎60 )■.,C ' aL c•v C E l Jo . - , Cindy Houben, ou• - "omcy - Community Development Director Exhibit A SECTION 5-20-70 MEASUREMENT OF FLOOR AREA (k) Floor Area Exemptions for ANSI Residences :• •- - . _ •-- _. . ilable where: (1)a secondary egress-to grade is o.:a ^00°%-of-a 'ly residence provides compliance with Section 1005 of the-Anterie: - -. . .. . a, •• ----•.. 2009)(ANSA,a : = -. - Section 1004 is met-pert '-: - . -- . _ - tea)access from a parking-areatothe _ . . . . :- -- ':. - - ::. -.: Valid c)access to facilities- (This paragraph is integrated below.) (1). In the AI-I-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 he 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 AN 1 3,R 6,R 15,R 15A, e, • : -- , - • • -: ' afea-erremptiens-afe-pr: •• : . • _ ._ _- . -ese-exemptiens-are-cumulative. A. A 350 square foot exemption-is available Ter 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 a portion 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. 13. 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 he 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. - 5 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: AFor an existing.multi-level, single family residence to be remodeled/renovated,the Qualified Elevator exemption noted in Section 5-20-70(k)(I)(B)shall be provided ti here (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 floors(where 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 he 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. is 6 Ii