HomeMy WebLinkAboutbocc.ord.040.2020 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO,AMENDING TITLE 8 OF THE PITKIN COUNTY CODE,SPECIFICALLY THE
2006 LAND USE CODE,TO AMEND THE FOLLOWING SECTIONS OF THE LAND USE CODE:
SEC.7-20-50(c),ROCKFALL AREAS,AND SEC. 11-10,DEFINITIONS
Ordinance No. 040-2020
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. Ian Cion (Applicant) has requested approval of a Land Use Code Text Amendment to allow for
development within low-moderate rockfall hazard areas, and prohibit development within high
rockfall hazard areas.
4. The proposed Land Use Code amendments to Sections 7-20-50(c) and 11-10 are attached hereto as
Exhibits A and B.
5. The Planning and Zoning Commission reviewed the proposed code amendments at a regularly
scheduled meeting on June 2nd, 2020. The Planning and Zoning Commission voted 4-1 to
recommend approval of the proposed amendments to the BOCC.
6. The BOCC approved the proposed Code Amendments on 1st Reading at a regularly scheduled public
meeting on August 26, 2020. The BOCC adopted the Code Amendments on 2nd Reading at a duly
noticed public hearing on October 14,2020.
7. The BOCC finds that the proposed Land Use Code text amendments are consistent with Sections 2-
40-10(c)(1) and 2-40-10(e) of the Pitkin County Land Use Code ("Code"), the Land Use Policies in
the Code, and the Pitkin County Comprehensive Plan as follows:
A. The proposed amendment prioritizes avoidance of the rockfall hazard is a first, best measure, in
an effort to ensure that development is located in the most suitable portions of the property, and
B. Where avoidance is not possible development shall be restricted to the least hazardous area of a
project site and as far as practicable from the rockfall hazard, and located where mitigation is
designed to minimize potential harm to life, safety,health, and property.
8. The BOCC finds that adoption of this ordinance is in the best interest of the citizens of Pitkin County.
Ordinance No. 040-2020
Page 2 of 7
NOW, THEREFORE, BE IT ORDAINED by the Pitkin County Board of County
Commissioners that it hereby adopts an ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO, AMENDING TITLE 8 OF THE PITKIN
COUNTY CODE, SPECIFICALLY THE 2006 LAND USE CODE TO AMEND THE FOLLOWING
SECTIONS OF THE LAND USE CODE: SEC. 7-20-50(C) ROCKFALL AREAS, AND SEC. 11-10
DEFINITIONS.
Ordinance No. 040-2020
Page 3 of 7
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE
PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 8TH DAY OF OCTOBER, 2020.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE
OFFICIAL PITKIN COUNTY WEBSITE(www.aspenpitkin.com) ON THE 1ST DAY OF OCTOBER
2020.
INTRODUCED ON FIRST READING AT A PUBLIC MEETING on the 26th day of August,2020.
APPROVED AND ADOPTED ON SECOND READING AT A PUBLIC HEARING on the 14th day of
October,2020.
PUBLISHED BY TITLE AND SHORT SUMMARY,AFTER ADOPTION, IN THE ASPEN TIMES
WEEKLY ON THE 22ND DAY OF, 2020.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE
(www.pitkincounty.com)ON THE 15TH DAY OF OCTOBER, 2020.
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.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
jt,cUitLf tt jOliut,S S'zven F. C itk
Jeanette Jones Steven F. Child,
Deputy Clerk Chairman
Jan-05-2021
Date:
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Soti, Eli
John Ely, Cindy Houben,
County Attorney Community Development Director
Ordinance No. 040-2020
Page 4 of 7
EXHIBIT A: LAND USE CODE SECTION 7-20-50(C),ROCKFALL AREAS
Repeal and Replace Sec.7-20-50(c): Rockfall Areas, as follows:
The Rockfall Hazard Area standards in this section are intended to protect the health, safety, and welfare
of the public, as well as public and private capital facilities,by identifying and avoiding Rockfall Hazard
Areas, and requiring rockfall hazard evaluations and mitigation for development in Rockfall Hazard
Areas.
The Community Development Department may require rockfall hazard investigations for:
(a) All new activities and development that are proposed on or adjacent to areas where bedrock crops
out on steep slopes and wherever the rockfall shadow angle is 20-degrees or greater;
(b) Areas identified on the"Pitkin County Colorado Potential Geologic Hazard"maps prepared by
the 1974 Colorado State University Resource Analysis; and/or
(c) Areas identified by the Community Development Department staff as known to be in a rockfall
hazard area.
(3) Rockfall Areas
Development in rockfall areas shall be restricted to the least hazardous area of a project site and as far as
practicable from the rockfall hazard. Restrictions on activities and development in Rockfall Hazard Areas
are set forth in subsections(a) and(b)below. In the event that an application is denied because there is
no hazard-free area on a site, or because the proposed activity or development does not comply with the
standards in this section, and an appeal is later granted pursuant to Sec. 2-20-180 or relief is granted
pursuant to Sec 2-40-90 or Sec. 2-40-130,the proposed activity or development shall incorporate hazard
mitigation according to the standards in subsection(b)below.
(a) Rockfall High Hazard Area
Development is prohibited in Rockfall High Hazard Areas.
(b) Rockfall Low-Moderate Hazard Area
(1) If an entire property is affected by the Rockfall Low-Moderate Hazard Area, development
may be permitted if the hazard can be adequately mitigated to ensure public safety pursuant
to the standards in subsections(4)and(5)below.
(2) In the event that development outside of the Rockfall Low-Moderate Hazard Area will result
in significant incursions into or impacts on Constrained Areas,the County may,in its
discretion, approve such development with adequate mitigation measures to assure the safety
of the occupants of the property.
(3) If the County finds that other hazards present on a property outweigh the risks associated with
development in the Rockfall Low-Moderate Hazard Area,the County may, in its discretion,
Ordinance No. 040-2020
Page 5 of 7
grant approval to such project subject to compliance with the mitigation measures specified in
subsection(4) and(5)below.
(4) Development shall only be permitted if design, construction stabilization, and maintenance
measures approved by a professional geologist or professional engineer licensed in the State
of Colorado are utilized. Construction stabilization measures may include but are not limited
to:
(a) Energy dissipating rockfall barriers to protect structures and resources;All such
structures should comply with European Test and Approval Guidelines (ETAG) 027 for
rockfall barriers, latest edition. Rockfall barriers shall not be taller than 16.4 feet(5.0
meters)in height above existing or finished grade,whichever is more restrictive.
(b) Stabilization of rocks by bolting, drapery, gunite application(cementing),removal of
unstable rocks(scaling), cribbing or installation of retaining walls.
(c) Slowing or diverting the moving rocks by site grading,channeling and earthen berms, or
by concrete barriers or covered galleries.
(d) Physical barriers around vulnerable structures.
(e) Other approved mitigation measures.
(5) The County shall only approve development within a Rockfall Hazard Area if the following
standards are met:
(a) Provision shall be made for the long-term health,welfare, and safety of the public from
geologic hazards to life,property, and associated investments.
(b) Man-made changes shall not initiate or intensify adverse natural conditions within a
geologic hazard area.
(c) Provisions shall be made for periodic maintenance of the rockfall mitigation structures
and site to assure the effectiveness of the structures. Rocks and debris shall be annually
removed from the uphill side of mitigation structures and any damage to such structures
shall be repaired or replaced. The Community Development Department may require
recordation of a covenant for the maintenance of the rockfall mitigation structures be
recorded.
(e) Rockfall mitigation designs shall be based on the findings of a site specific rockfall study
for all new development, or when substantial improvements or redevelopment are
proposed.
(f) There may be no hazard increase to other properties,public rights of way and utilities.
(g) Mitigation structures shall be designed and/or screened with landscaping to minimize
visual impacts on neighboring properties including public rights of way.
Ordinance No. 040-2020
Page 6 of 7
(h) If feasible,mitigation structures or barriers shall be installed in the initial phase of site
development to provide for protection of workers and visitors at the site.
A Professional Geologist(PG specializing in engineering geology)or Professional Engineer(PE
specializing in geological and/or geotechnical engineering) shall conduct the required rockfall hazard
investigations and accompanying geologic-hazard evaluation, and shall prepare a final site specific
rockfall hazard assessment.
A site-specific rockfall investigation typically shall include at a minimum:
a) Literature review.
b) Analysis of stereoscopic aerial photographs and other remote-sensing imagery.
c) Use of Pitkin County's GIS resources, including topography, aerial imagery and LiDAR data.
d) Site characterization,usually including surficial geologic mapping,measuring rockfall shadow
angles, and characterizing rockfall source areas, acceleration zones, and runout areas.
e) Other investigations as necessary to fully evaluate the rockfall hazard at a site(e.g., computer
modeling,boreholes, geophysics, slope and groundwater instrumentation and monitoring)
Ordinance No. 040-2020
Page 7 of 7
EXHIBIT B: ADD THE FOLLOWING DEFINITIONS TO LAND USE CODE CHAPTER 11,
DEFINITIONS
Maximum Probable Rockfall means the largest rockfall event that may be expected from the most
severe combination of geological and terrain conditions that are reasonably possible.
Rockfall means rapid free-falling,bounding, sliding, or rolling of large masses of rock or individual
rocks.
Rockfall Energy Rating means a measure of destructive energy based on the size and velocity of an
individual rock at a specific location per European Test and Approval Guideline(ETAG)027.
Rockfall High Hazard Area means any area where a site specific rockfall hazard assessment identifies
frequent rockfalls which pose a significant threat to public safety; or where the rockfall energy rating of
the maximum probable rockfall is likely to exceed 2000 kilojoules or exceeds 4.0m(13.1 feet)bounce
height.
Rockfall Low-Moderate Hazard Area means any area where there is no historic or vegetative evidence
of frequent rockfall events that pose significant risks to public safety; or where the rockfall energy rating
of the maximum probable rockfall is likely to be less than 2000 kilojoules or a bounce heightsof less than
4.0 meters(13.1 feet).
Rockfall Shadow Angle is the angle from horizontal from the base of a cliff band or outcrop to the
location of the maximum rockfall runout potential.
Rockfall Source Area
Acceleration
Zone
Shadow Angle t
Runout Zone (20') ,—
Farthest i \
Outlier �� \ /
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