HomeMy WebLinkAboutland.use.code.amendmentsSECOND READING ON ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO REPEALING AND RE-
ENACTING THE FOLLOWING SECTIONS OF THE PITKIN COUNTY LAND
USE CODE: 3-40-090, AFR-10 AGRICULTURAL/FORESTRY/RESIDENTIAL
ZONE DISTRICT; AND 3~,0-110, RS-20 AND RS-30 PLANNED UNIT
DEVELOPMENT (PUD) RESOURCE ZONE DISTRICT
MEMORANDUM
TO: Pitkin County Board of County Commissioners
FROM: Cindy Houben, Community Development Director
RE: Amendment to the Pipkin County Land Use Code to allow
"Essential Public Utilities, facilities and services" as a special review in
the AFR-10 and RS20/30 PUD zone districts.
DATE: June 11,2003
BACKGROUND: On May 19th the BOCC passed at first reading and Public Hearing the
attached ordinance amending the Pitldn County Land Use Code to repeal and re-enact
sections 3-40-090 in order to allow essential public utilities and facilities and services to
be considered as special review approvals in the AFR-10 and RS-20/30 PUD zone
districts.
APPLICANT: Holy Cross Energy
RECOMMENDATION: Approval of the attached ordinance as a consent agenda item at
second reading.
AN ORDINANCE OF THE BOARD OF COUNTY COMMSSIONERS OF PITKIN
COUNTY, COLORADO, REPEALING AND RE-ENACTING THE FOLLOWING SECTIONS
OF THE PITKIN COUNTY LAND USE CODE: 3-40-090, AFR-10
AGRICULTURAL/FORESTRY/RESIDENTIAL ZONE DISTRICT; AND 3-40-110, RS-20
AND RS-30 PLANNED UNIT DEVELOPMENT (PUD) RESOURCE ZONE DISTRICT
ORDINANCE NO. -2003
.RECITALS
1. Holy Cross Energy is proposing various amendments to the Pitkin County Land Use Code to correct
p~meived deficiencies, conflicts and lack of clarity, and to simplify processes. Staffis proposing this
package of revisions, amendments and corrections to the text of the Code to continue our ongoing "clean-
up'' of the Code.
2. The Pitkin County Planning and Zoning Commission considered the proposed code amendments at a
regularly scheduled meeting on May 6, 2003, and recommended approval.
3. The BOCC considered the proposed code amendments at a duly noticed public heating on fn-st reading
on May 19, 2003, and voted to approve the proposed amendments on second reading on June 1 I, 2003.
4. The BOCC finds that the proposed code amendments are consistent with the applicable provisions of
the Code and the intent of the AFR-10 and RS-20/RS-30 PUD zone districts.
NOW, TI:IEREFORE, BE IT ORDAINED by the BOCC that it hereby repeals and re-enacts
Section 3-40-090 and Section 3-40-110 of the Pitkin County Land Use Code as follows.
3-40-090 AFR- 10 Agricultural/Forestry/Residential
A. Intent: The AFR-10, Agricultural/Forestry/Residential district, is intended to maintain
the rural character of lands proximate to development centers and State highways by preserving
agricultural operations, wildlife habitat and scenic quality while permitting low density, single family
dwelling units and customary accessory uses.
B. Allowed Uses: The following uses are allowed as of right in the
AgriculturaVForestry/Residential (AFR- 10) Zone District:
1. Accessory buildings and uses.
2. Animal production and husbandry services, other farm and agricultural uses (not
including commercial feed lots).
3. Bus stop.
4. Commercial riding stables.
5. Crop production.
6. Farm buildings.
7. Home occupations.
8. Parks, playground, playing fields.
9. Manufactured home.
10. Single-family dwelling units with five (5) or less bedrooms.
11. Single-family dwelling units with a potential of up to, but not exceeding, fifteen
thousand (15,000) square feet of floor area.
12. Solar energy collectors (private use).
13. Trails.
C. Special Review Uses: The following uses are subject to special review:
1. Agriculture stands.
2. Alpine ski areas and support.
3. Caretaker dwelling units.
4. Cemeteries.
5. Churches.
6. Club houses or recreational buildings used in connection with and accessory to a
permitted outdoor recreational use.
7. Commercial camping areas.
8. Commercial firewood splitting, storage and sales.
9. Commercial kennels and veterinary clinics.
10. Community health facilities.
11. Day care centers.
12. Duplex dwelling units.
13. Employee dwelling units.
14. Equipment supplies and contraction or subcontmction.
15. Golf courses.
16. Guest ranch.
17. Logging.
18. Mineral explomtion/mlning, concrete batch plants.
19. Nordic ski areas and support facilities.
20. Nursing, convalescent, rest, and retirement homes.
21. Outdoor recreational uses.
22. Radio transmitting station.
23. Resort cabins.
24. Satellite reception devices.
25. Schools/universities.
26. Sewage disposal areas/landfills/water plants.
27. Single-family dwelling units with six (6) or more bedrooms.
28. Single-family dwelling with more than fifteen thousand (15,000) square feet of floor
area (transferable development rights are required to exceed fifteen thousand (15,000) square feet).
29. Uses, activities and facilities permitted by special use permit issued by Federal agencies.
30. Water crossing and diversion.
31. Essential public utility uses, facilities and services.
D. Prohibited Uses: The following uses are prohibited in the
Agricultural/Forestry/Residential (AFR- 10) Zone District:
1. Ai ort.
2. Amusement and entertainment establishments.
3. Commercial automobile parking lots.
4. Dormitory housing.
5. Essential government an~ p::~l:.c 'dt'~l~ty u:c~, facilities and services.
6. Financial institutions.
7. General services.
8. Hospitals.
9. Junk yards.
10. Medical/dental clinics.
11. Mobile homes.
12. Motels, hotels, lodges.
13. Multi-family dwelling units.
14. Offices.
15. Personal service outlets: food stores, drug stores, post office substation, self-service
laundries, dry'cleaning outlets and liquor stores; the total space shall be limited to eighty (80) square feet
of gross leasable space per dwelling unit in the district.
16. Places for retailing of goods (structures and businesses limited to twelve thousand
(12,000) square feet of floor area per building).
17. Professional offices.
18. Research facilities, indoors.
19. Research facilities, other.
20. Restaurants and bars.
21. Timesharing/fractional fees.
22. Uses not listed.
23. Vehicle and ah'emil sales and service.
E. Dimensional Requirements: The following dimensional requirements shall apply to all
permitted and special review uses in the Agricultural/Forestry/Residential (AFR-10) Zone District:
l. Minimum lot area: ten (10) acres.
2. Minimum lot area principal use: ten (10) acres.
3. Minimum front yard setback: See Figure 3-1.
4. Minimum side yard setback: See Figure 3-1.
5. Minimum rear yard setback: See Figure 3-1.
6. Minimum lot width: four hundred feet (400').
7. Maximum height principal structures: twenty-eight feet (28').
8. Maximum height accessory structures: twenty feet (20'). (Ord. 99-36 Att. B (part))
3-40-110 RS-20 and RS-30 Planned Unit Development (PUD) Resource
A. Intent: The intent of RS-20 PUD and RS-30 PUD districts are identical except the RS-20
PUD Zone is intended for land closer to urbanized areas. The zones are intended to:
1. Permit Iow density, single family residential development and customary accessory uses,
while recognizing natural hazards, wildlife areas, limited utility service, roads or schools, and other
facilities may constitute a constraint precluding the realization of zoned density;
2. Encourage an orderly development pattern minimizing scattering of development in rural
areas;
3. Provide potential for the clustering of development preserving open space and creating
efficient utility service for development;
4. Preserve agriculmml operations and environmental resources;
5. Maintain the rural lifestyle;
6. Locate development outside of irrigated lands and deer and elk habitat; and
7. Protect cattle and wildlife by prohibiting dogs in new subdivisions.
B. Allowed Uses: The following uses are allowed as of right in the RS-20 and RS-30
Planned Unit Development (PUD) Resource Zone District:
I. Accessory buildings and uses.
2. Animal production and husbandry services, other farm and agricultural uses (not
including commercial feed lots).
3. Bus stop.
4. Crop production.
5. Farm buildings.
6. Home occupations.
7. Manufactured home.
8. Single-family dwelling units with five (5) or less bedrooms.
9. Single-family dwelling units with a potential of up to, but not exceeding fifteen thousand
(I 5,000) square feet of floor area.
10. Solar energy collectors (.private use).
11. Trails.
C. Special Review Uses: The following uses are subject to special review:
1. Agriculture stands.
2. Caretaker dwelling units.
3. Cemeteries.
4. Churches.
5. Club houses or recreational buildings used in connection with and accessory to a
permitted outdoor recreational use.
6. Commercial camping areas.
7. Commercial firewood splitting, storage and sales.
8. Commemial kennels and veterinary clinics.
9. Commercial riding stables.
10. Community health facilities.
11. Day care centers.
12. Employee dwelling units.
13. Equipment supplies and contraction or subcontraction.
14. Golf courses.
15. Guest ranches.
16. Logging.
17. Mineral explomtion/minlng, concrete batch plants.
18. Nordic ski areas and support facilities.
19. Outdoor recreational uses.
20. Parks, playgrounds, playing fields.
21. Radio transmitting station.
22. Resort cabins.
23. Satellite reception devices.
24. Schools/universities.
25. Sewage disposal areas/landfills/water plants.
26. Single-family dwelling units with six (6) or more bedrooms.
27. Single-family dwelling units with more than fifteen thousand (15,000) square feet of
floor area (transferable development rights are required to exceed fifteen thousand (15,000) square feet).
28. Transferable development rights (TDRs).
29. Uses, activities and facilities permitted by special use permit issued by Federal age~acies.
30. Water crossing and diversion.
31. Essential public utility uses, facilities and services.
D. Prohibited Uses: The following uses are prohibited in the RS-20 and RS-30 Planned Unit
Development (PUD) Resource Zone District:
1. Airport.
2. Alpine ski areas and support.
3. Amusement and entertainment establishments.
4. Commercial automobile parking lots.
5. Dormitory housing.
6. Duplex dwelling units.
7. Essential government~-'~ ~,u,,~-"~" .... ~,,,,~:~: ....... ~o, facilities and services. I
8. Financial institutions.
9. General services.
10. Hospitals.
1 I. Junk yards.
12. Medical/dental clinics.
13. Mobile homes.
14. Motels, hotels, lodges.
15. Multi-family dwelling units.
16. Nursing, convalescent, rest, retirement homes.
17. Offices.
18. Personal service outlets: food stores, drug stores, post office substation, self-service
laundries, dry cleaning outlets and liquor stores; the total space shall be limited to eighty (80) square feet
of gross leasable space per dwelling unit in the district.
19. Places for retailing of goods (structures and businesses limited to twelve thousand
(12,000) square feet of floor area per building).
20. Professional offices.
21. Research facilities, indoors.
22. Research facilities, other.
23. Restaurants and bars.
24. Timesharing/fractional fees.
25. Uses not listed.
26. Vehicle and aircraft sales and service.
E. Dimensional Requirements: The following dimensional requirements shall apply to all
permitted and special review uses in the:
1. RS-20 PUD Zone District:
a. Minimum lot area: twenty (20) acres.
b. Minimum lot area principal use: twenty (20) acres.
c. Minimum front yard setback: See Figure 3-1.
d. Minimum side yard setback: See Figure 3-1.
e. Minimum rear yard setback: See Figure 3-1.
f. Minimum lot width: four hundred feet (400').
g. Maximum height principal structures: twenty-eight feet (28').
h. Maximum height accessory structures: twenty feet (20').
2. RS-30 PUD Zone District:
a. Minimum lot area: thirty (30) acres.
b. Minimum lot area principal use: thirty (30) acres.
c. Minimum front yard setback: See Figure 3-1.
d. Minimum side yard setback: See Figure 3-1.
e. Minimum rear yard setback; See Figure 3-1.
f. Minimum lot width: four hundred feet (400').
g. Maximum height principal structures: twenty-eight feet (28').
h. Maximum height accessory structures: twenty feet (20'). (Ord. 99-36 Att. B (part))
NOTICE OF PUBLIC 14EARING published in the Aspen Times Weekly on the 3rd day of May,
2003.
INTRODUCED AND FIRST READ AT A PUBLIC lC[EARING on the 19t~ day of May,
2003.
APPROVED AND ADOPTED AFTER SECOND READING on the 11b day of June, 2003.
PUBLISItED AFTER ADOPTION in the Aspen Times Weekly on the day of ,
2003.
THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION
FOLLOWING FINAL ADOPTION BY TI~ BOARD OF COUNTY COMMISSIONERS.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By
ATTEST: Jack Hatfield, Chair
Date
Lyndee R. Dean, Clerk to the BOCC
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely, County Attorney Cindy Houben,
Community Development Director
Copies of the proposed Ordinance are available for public inspection during regular business hours in the
Office of the Clerk & Recorder, 530 East Main Street, Aspen Colorado, 81611. Phone (970) 920-5180.
Jeanette Jones, Deputy County Clerk
Published in The Aspen Times on May 3, 2003
Pitkin County Account 002.02
Public X Private