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Home My WebLink Aboutbocc.ord.045.2019RECEPTION#: 662026, R: $0.00, D: $0.00 DOC CODE: ORDINANCE Pg 1 of 7, 01/16/2020 at 03:52:56 PM Janice K. Vos Caudill, Pitkin County, CO ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ADOPTING AN AMENDMENT TO SECTION 5-10 OF THE 2006 PITKIN COUNTY LAND USE CODE, TITLE 8 OF THE PITKIN COUNTY CODE, SPECIFICALLY TABLE 5-1.11: DIMENSIONAL REQUIREMENTS URBAN/SUBURBAN RESIDENTIAL ZONE DISTRICTS OTHER THAN AFFORDABLE HOUSING DISTRICTS; AND AN AMENDMENT TO THE PITKIN COUNTY ZONING PLAN ORDINANCE No.by�(-2019 RECITALS 1. Pursuant to 30-35-301 C.R.S., the Board of County Commissioners (`BOCC") of Pitkin County, a home rule county, is authorized to make and publish ordinances for carrying into effect or discharging the powers and duties conferred upon such counties by law and as seems necessary. 2. Pursuant to Section 2.8.1 of the Home Rule Charter ("HRC"), the BOCC is authorized to take official action by Ordinance for certain matters where action is prescribed pursuant to the Colorado Revised Statues as amended. 3. 473 Mountain Laurel, LLC (Applicant) has requested approval of a Land Use Code Text Amendment and Rezoning/Amendment to Zoning Regulations to clarify the Growth Management Quota System (GMQS) exemption for duplex lots in Mountain Valley. 4. The proposal is to amend Land Use Code Chapter 5, Section 5-10, Table 5-1.13, Dimensional Requirements Urban/Suburban Residential Zone District Other than Affordable Housing Districts. The proposed Land Use Code amendment is attached hereto as Exhibit A. 5. The zoning plan in the application includes a map depicting the R -15A zoning plan area and its vicinity, attached hereto as Exhibit B. No change is proposed to the boundaries of the R -15A zone district. 6. The Mountain Valley Subdivision was platted in 1965-1971 and contains 106 lots, which are described in Exhibit C. In 1993, by Ordinance No. 93-13, BOCC rezoned the Subdivision from R-15 to a newly created R -15A zone district. This rezoning allowed for modest increases in floor area for the lots in the subdivision, and granted conforming status to the 28 lots containing existing duplexes. 7. From 1993 until 2006, the Land Use Code allowed for re -development of these duplex lots to the total Gross Floor Area by right. 8. The 2006 Land Use Code established a "Base Maximum" GMQS exemption of 5,750 square feet for lots/parcels within the Urban Growth Boundary. A GMQS allocation or TDRs were required to develop in excess of 5,750 square feet and up to the "Final Maximum" of 10,250 square feet allowed in the R -15A zone district. In Mountain Valley, the GMQS exemption was applied to duplexes such that each dwelling unit of the duplex could develop up to 5,750 square feet of gross floor area without a GMQS allocation or TDRs. 9. In 2009 the BOCC adopted Ordinance No. 19-2009, which included a various amendments to the Land Use Code. One of these amendments changed the terms and definitions of "Base Maximum Ordinance N6062019 Page 2 Size/Area" and "Final Maximum Size/Area" to "Base Maximum Floor Area" and "Final Maximum Floor Area." This amendment inadvertently changed the 5,750 square foot growth management exemption from per dwelling unit, to per lot/parcel, which resulted in a 50% reduction in the GMQS exemption for the duplex lots. 10. The Applicant asserts that this amendment effected a "rezoning" of the 28 duplex lots, without the required public notice process. 11. The Pitkin County Planning and Zoning Commission considered the proposed request at a regularly scheduled meeting on October 1, 2019, and recommended approval by a vote of 6-0, pursuant to Resolution No. PZ -18-2019. 12. The BOCC considered and approved the request on first reading on November 20, 2019. The BOCC adopted the Land Use Code Text Amendment and Amendment to the Zoning Plan on second reading at a duly noticed public hearing on December 18, 2019. 13. The BOCC finds that the proposed citizen initiated text amendment and rezoning is consistent with Sections 2-30-40(i) and 2-40-10(c) of the Pitkin County Land Use Code ("Code"), the Land Use Policies in the Code, and the Pitkin County Comprehensive Plan, which incorporates the Aspen Area Community Plan (AACP), as follows: A. The AACP does not speak specifically to Mountain Valley, but does acknowledge that the primary source of residential construction in the UGB will be redevelopment of properties to the maximum square footage allowed, which may affect neighborhood character. The proposed amendment does not change the allowable floor area, and is supported by the Mountain Valley Homeowners Association as consistent with the neighborhood character. B. The amendment responds to the changed circumstance created by the adoption of BOCC Ordinance No. 19-2009, which inadvertently affected the redevelopment potential of the duplex lots. The proposed amendment will reverse this change and restore the rights previously available to the duplex lot owners. C. The proposed amendment to the R -15A zone district complies with the applicable provisions of the Code and the applicable Land Use Policies. D. The proposed amendment complies with prior development approvals, in particular, with the development anticipated by BOCC Ordinance No. 93-13. E. The proposed change does not affect the capacity of public facilities or result in adverse impacts on the natural environment; and does not conflict with the public interest. 14. The BOCC finds that adoption of this ordinance is in the best interest of the citizens of Pitkin County. NOW, THEREFORE, BE IT ORDAINED by the Pitkin County Board of County Commissioners that it hereby adopts an Amendment to Section 5-10 of the 2006 Pitkin County Land Use Code, Title 8 of the Pitkin County Code, Specifically Table 5-1.b: Dimensional Requirements Urban/Suburban Residential Zone Districts Other Than Affordable Housing Districts, as specified in Exhibit A, and does hereby approve the amendment to the Pitkin County Zoning Plan. Ordinance No.ft52019 Page 3 INTRODUCED ON FIRST READING AT A PUBLIC MEETING on the 20'' day of November, 2019. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON, //— 1 .2019. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.asDenoitkin.com) ON THE Iia- DAY OF�,.�, c��-u,�' , 2019. APPROVED AND ADOPTED ON SECOND READING AT A PUBLIC HEARING on the 18th day of December, 2019. PUBLISHED BY TITLE AND SHOT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE &( DAY OF (v�,vG, .r �� .20T9. L4 ?. 6 S POSTED BY TITLE AND SHORT SUMMARY OleX THE OFFICIAL PITKIN COUNTY WEBSITE (www.i)itkincountv.com) ON THE CtO- DAY OF h-L„tivu.Y �, , 2109.;L6 b THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION IN THE ASPEN TIMES AND POSTING ON THE OFFICIAL PITKIN COUNTY WEBSITE, FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. ��ST: Je ptte Jone! De Ay Clerk APPROVED AS TO FORM: Ely,_ County Attorney P051-19 BOARD OF COUNTY COMMISSIONERS OF PITKIN TY, COLORADO e schman, h � an Date: L L APPROVED AS TO CONTENT: Cind0ouben, U Community Development Director Ordinance Nok -2019 Page 4 EXHIBIT A Amend Land Use Code Chapter 5, Section 5-10, Table 5-1.B, Dimensional Requirements Urban/Suburban Residential Zone District Other than Affordable Housing Districts NOTES TO TABLE 5-1.B: Dimensional Requirements for Residential Zone Districts Other Than Affordable Housing Districts NOTE 1: 5,000 square feet, which shall include any land areas within the Redstone A Lots (as defined in this Land Use Code) NOTE 2: Dimensional requirements for the MHP zone district are found in Table 7-4. The dimensional requirements for the Aspen Village Subdivision, Lazy Glen Subdivision, and Woody Creek Subdivision, are described in the PUD Development guide approved by Pitkin County for each development. NOTE 3: Off-street parking, signs, and lights shall meet the setback requirements for outside uses. Access roads, highway regulatory and directional signs, safety lighting, and safety features shall be allowed between the right-of-way and the setbacks listed. Off street parking and lights don't need to meet the setback required on collector streets. NOTE 4: An additional setback may be required or a lesser setback may be allowed pursuant to Sec. 7- 20-80. NOTE 5: Maximum height principal structures: twenty-four (24) feet to the top of ridge; fourteen (14) feet to the top of eave (dormers excluded). See also Sec. 5-20-60(i) for Building Height calculation methodology. NOTE 6: Maximum height accessory structures: twenty-one (21) feet to the top of ridge; twelve (12) feet to the top of eave (dormers excluded). See also Sec. 5-20-60(i) for Building Height calculation methodology. NOTE 7: The allowable floor area shall be based on the least restrictive of the following formulas: (a) 3,500 square feet (plus 30% for pre-existing duplexes); or (b) floor area ratio (FAR) = .20 (plus 30% of allowed floor area for pre-existing duplexes). Only duplex units that existed prior to 1974 are permitted in the R -15A zone district, and no dwelling unit in the R -15A zone district shall exceed 5,500 square feet of floor area. Each dwellina unit on a pre -1974 duplex lot is exempt from Growth Management up to the Base Maximum of 5.750 square feet of P-ross floor area. NOTE 8: (1) Lot with 50-74 ft. frontage = 2,000 square feet; (2) Lot with 75-99 ft. frontage = 2,300 square feet; (3) Lot with 100 ft or larger frontage = 2,500 square feet. See also Sec. 5-20-70 for Floor Area calculation methodology. NOTE 9: Lots in the Meadowood Subdivision are exempt from Growth Management up to the total of their allowable floor area based on Floor Area Ratio PLUS the additional floor area allocated to each lot pursuant to BOCC Resolution No. 99-124, or 5,750 square feet of floor area, whichever is greater (which total may exceed 5,750 square feet). Ordinance NoP'2019 Page 5 NOTE 10: The allowable floor area shall be based on the least restrictive of the following formulas: (a) 3,500 square feet; or (b) floor area ratio (FAR) _ .20. Duplexes are prohibited in the R -15B zone district and no dwelling shall exceed 3,500 square feet in floor area, and 5,750 in gross floor area (max sq. ft.). NOTE 11: For the R -15B zone district, the 15,000 square foot minimum relates to Lot Size, and not Lot Area as defined in Section 11, Definitions. NOTE 12: Development of a micro hydroelectric energy system may be allowed in a setback pursuant to Section 7-20-80(c) and 4-30-50(m). NOTE 13: Stream restoration projects may encroach into this setback pursuant to Sections 7-20-40 and 7-20-80 NOTE 14: The individual floor area cap per unit in the RMF Zone District is 2,855 square feet NOTE 15: See Le Chamonix PUD guide for Growth Management Exemption and Maximum floor Area NOTE 16: All areas mapped within the WOMP Overlay Zone District shall be subject to Section 3-70- 50. EXHIBIT B Mountain Valley Subdivision Duplex Lots Lots 2, 5, 7, 9, 10, 11, 13, 15, 18, 22, 23, 25, 27, 29, 32, 34, 35, and 37, First Filing, Mountain Valley Subdivision, according to the Plat recorded August 3, 1965 in Book 3 at Page 36, County of Pitkin, State of Colorado AND Lots 43, 52, 53, 54, 63, 64, 67, 71, 73, and 80, Second Filing, Mountain Valley Subdivision, according to the Plat recorded May 28, 1969 in Book 4 at Page 2, County of Pitkin, State of Colorado MIS g N z Ln LL (D' O C � � O � U� c o _ Y � Lo � O OOi O QOi N j Lo o 0 m Q m 00 ci m x o d 7 2 LO 0 LL N O O CO 00 Oi M N0 jr- �_U0 1 ba aooMlSV3 a 0 CD N O, E (D d�a.o �C, oda " y'ao�o 2c °V J a uaa�ia e ax U U N Z8 AMH as )+ao:i onnabOa M M31A.LS3M M 3AMIS N3dSV C m O_ .N o > O LL � 3 O N � rn d _ o a C m }i J C (D y Q N z Ln LL (D' O C � � O � U� c o _ Y � Lo � O OOi O QOi N j Lo o 0 m Q m 00 ci m x o d 7 2 LO 0 LL N O O CO 00 Oi M N0 jr- �_U0 1 ba aooMlSV3 a 0 CD N O, E (D d�a.o �C, oda " y'ao�o 2c °V J a uaa�ia e ax U U N Z8 AMH as )+ao:i onnabOa M M31A.LS3M M 3AMIS N3dSV