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HomeMy WebLinkAboutcode.amend.1041.hazards.slopesFIRST READING AND PUBLIC HEARING ON ORDINANCE OF THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGARDING COUNTY CODE AMENDMENTS REGARDING 1041 HAZARD AREAS AND SLOPES CONTINUED FROM JUNE 25, 2003 The P&Z recommended by a 5-0 vote that 1041 regulations not be applicable to BOCC approved subdivisions, and that the regulations remain as they currently exist, unless and until a comprehensive review of all 1041 regulations and their applicability and processes is undertaken. EFFECT OF PROPOSED CHANGES: The Staff recommendation would effectively eliminate the prohibition against development on 30% slopes in cases where there is no alternative building site available on the parcel or if the proposed building site on 30% or greater slopes creates fewer impacts than if the development were required to locate on areas of slopes less than 30%. It would also allow driveways to cross 30% slopes, but not for a greater distance than 100 linear feet. The process would be simplified in that there would be no 1041 review required for development on slopes up to 30% or on slopes meeting the "anomaly" exception. For development on slopes exceeding 30% a minor/administrative 1041 would be undertaken. The Herb Klein proposal expands on a litany of impacts that would be considered in balancing factors to determine ifa development would have "lesser" impacts on 30% slopes than if it avoided 30% slopes. It also would permit development in other 1041 haZard areas if the development in the other haZard areas can be mitigated and would create lesser impacts than development on the 30% slopes. It is important to note that in either staff's or Klein's proposal the prohibition of development on 30% or greater slopes goes away, and there will be no opportunity to prevent development on any property regardless of its steepness on the basis of slopes. If those slopes contain avalanche hazard or rockfall hazard there will still be basis for denial, but not on slopes alone. RECOMMENDATION: Staff recommends the BOCC approve a motion "adopting the proposed Code amendments regarding 1041 Hazard Areas, Slopes, on first reading and set second reading for August 13, 2003." ATTACHMENTS: 1) Proposed mnended 1041, slopes 2) Klein proposal lancec/codemn1041 bocc3.doc Repeal and Re-Enact § 3-80-050(C) as follows: 3-80-050(C), Potentially Unstable Slopes This section establishes: (1) the standards for development on potentially unstable slopes;, and (2) the applicable review process for such development. 1. Development Standards. a. Definition: Potentially Unstable Slopes. Potentially unstable slopes means slopes that equal or exceed a thirty percent gradient, which tend to be susceptible to a landslide, a mudflow, a rock fall, and/or accelerated creep of slope-forming materials. b. Building Envelope and Slope Delineation. Concurrent with building permit submittal, a site plan that meets the requirements of section 5-70-040 shall be submitted that delineates all development within a building envelope. Slopes shall be delineated within the building envelope and along the access/driveway with two-foot contour intervals. Areas with slopes thirty percent or greater shall be clearly labeled and indicated by a distinct graphic pattern. c. Development Standards for Potentially Unstable Slopes i. Thirty Percent or Greater Gradient. Development is prohibited on slopes with a slope gradient of thirty percent or more, except as follows: a) No Alternative Building Site. If there is no alternative building site available on the parcel (this provision may not be utilized for driveways or roads), development may be approved by the Community Development Department through the review process of section 3-80- 050(C)2.b., subject to the following development standards: 1) An engineer or geologist licensed in the State of Colorado shall be required to demonstrate that the site can be engineered in such a way that there Js no hazard posed by the location of development on slopes in excess of thirty percent. A precise engineer or geologist approved mitigation plan shall be required that shows the area of disturbed slope, any re-grading required and the exact size and location of all mitigation devices. Any development approved pursuant to this section shall be conditioned upon compliance with the engineer or geologist's recommended mitigation measures. 2) The mitigation measures must be determined by the Community Development Department to be the least visually and ecologically obtrusive alternatives. 3) To the extent possible, the development shall be designed so as to: avoid adding water to the site that would cause decreased stability; avoid removing the toe of the slope without adequate mechanical support; avoid increasing the weight Icad on top of the slope; re-contour disturbed slopes so that they can be re-vegetated; avoid steeping of existing slopes. Ord, #. -2002, 1041 Amendments: Steep Slopes, BOCC Emergency Enactment/9-11-2002 Page b) Building Site With Fewer Impacts. Through the review process of section 3-80-050(C).2.b., development on slopes in excess of thirty percent may be permitted if the Community Development Department determines that the building site proposed creates fewer impacts than if the development was limited exclusively to slopes of less than thirty percent. Driveways and roads are precluded from utilizing this exception. All development permitted pursuant to this section shall be subject to the development standards of section 3-80-050(C)1 .c.i.a.1) through 3). c) Minor Slope Anomaly. Through the review process of section 3-80-050(C)2.a., exceptions for minor changes in slope-development may be permitted on lands that have a slope in excess of thirty percent when the slope is due to the presence of a minor natural or man-made change in the gradient of a continuous slope, provided that an engineer or geologist licensed in the State of Colorado demonstrate that the slope's ground surface is not prone to instability or failure and that the proposed development will not cause greater instability or increase the potential for slope failure. d) Existing Roads and Driveways. Through the review process of section 3-80-050(C)2.a., an exception for minor road and driveway improvements may be permitted to existing roads and driveways that traverse previously disturbed slopes in excess of thirty percent, provided that the applicant demonstrates that all of the following conditions are met: 1) The improvements shall be limited to existing roads and driveways that traverse previously disturbed slopes in excess of thirty percent and comply, or can comply without impacting slopes in excess of thirty percent, with the minimum · requirements in the Pitkin County Road Management and Maintenance Plan for width, grade and curvature. Road and driveway improvements that traverse undisturbed slopes in excess of thirty percent are prohibited. 2) The improvements shall be minor in scope and shatl be the minimum required to ensure the safety of both the general public and safety agency personnel. Improvements that may be permitted pursuant to this provision may inctude, but not be limited to, pullouts, turn,rounds or grading, if the road or driveway otherwise complies with the standards of the Pitkin County Road Management and Maintenance Plan. Improvements that would create further impacts on slopes in excess of thirty percent in order to bring an existing road or driveway into compliance with the minimum standards of the Pitkin County Road Management and Maintenance Plan are prohibited. 3) The road or driveway was legally created as demonstrated by a valid copy of the permit for the road or driveway or by evidence that the road or driveway was constructed prior to the issuance of County road or driveway permits or that a permit was not required to construct the road or driveway. Ord. # -2002, 1041 Amendments: Steep Slopes, BOCC Emergency Enactment/9-11-2002 Page 2 4) The proposed use of the road is an existing legal use (i.e. if residential development is proposed, it shall be demonstrated that the road already services an existing, legal residential structure). The current use of the road or driveway shall not change between residential, commercial, lodging or industrial use. No road improvements shall be permitted pursuant to this provision to allow the development of any structure where there is no pre-existing, legal structure (e.g., a mining road or jeep road which provides access to a vacant parcel shall not be improved pursuant to this provision to create access to a new residence). 5) An engineer or geologist licensed in the State of Colorado demonstrate that the slope's ground surface is not prone to instability or failure, and that the proposed improvements will not cause greater instability or increase the potential for slope failure. e) Short Driveway Encroachments. Through the review proce$~ of 3-80-050(C).2.b., an exception for short driveway encroachments may be permitted as follows: 1) This exception may only be utilized where there is no alternative alignment on slopes less than thirty percent and the proposed driveway is free of all of the following hazards: hiqh hazard avalanche zone (red zone) and moderate hazard avalanche zone (blue zone)('see section 3-80-050(A)); landslide areas (see section 3-80-050(B)); and rockfall areas (see section 3-80-050(D)). 2) For a maximum of 100 linear feet per lot/parcel, thr, driveway may encroach on slopes between thirty and a maximum of forty percent grad ant 3) The maximum of 100 linear feet of permitted encroachment shall be measured along the centedine of thr, driveway. 4_) All development pertained pursuant to this section shall be subiect to the development standards of section 3-80 050(C)l.c.i.a.1) through 3) ii. Less Than Thirty Percent Gradient. Development is permitted on slopes with less than a thirty percent slope. 2. Review Process. All development shall be reviewed for compliance with this section based on the procedures set forth in sections 3-80-050(C)2.a. and b. below, unless additional reviews are required in which case the applicable reviewing bodies shall be the decision makers. The Community Development Department may require a site visit to determine compliance with these provisions. and may charge a fee to defray the cost of reviewing the application. Ord. # -2002, 1041 Amendments: Steep Slopes, BOCC Emergency Enactment/9-11-2002 Page 3 a. Building Permit Sign-Off. The following development shall be permitted through a concurrent building permit and slopes review: (1) development on slopes less than thirty percent (see section 3-80-050 (C)l.cJi.); (2) development on minor slope anomalies (see section 3-80-050 (C)1 .c.i.c)); and (3) development of certain pre-existing roads in excess of thirty-percent (see section 3-80-050 (C)1 .c.i.d)). Along with a building permit application, the property owner shall submit a site plan that conforms to the requirements of section 3-80-050(C)1.b. Prior to building permit issuance, the Community Development Department shall determine that the proposed development meets the criteria of this section and sign-off on the building permit. b. Administrative Review. Certain development on slopes in excess of thirty percent may be permitted through an administrative review, subject to the development standards: (1) development on slopes in excess of thirty percent where there are no alternative sites (see section 3-80-050(C)1.c.i.a)); (2) development on slopes in excess of thirty percent where the Community Development Department determines that such development would have fewer impacts than on development on slopes less than thirty percent in grade (see section 3-80-050(C)1.c.i.b)); (3) development on slopes in excess of thirty percent for short driveway encroachments (see section 3-80-050(C)1.c.i.e)). The administrative review shall be conducted prior to building permit submittal and shall include conditions of approval consistent with the development standards contained herein. At the option of the applica__~ and subject to public notice.., the administrative review may be vested pursuant to the terms of section 4-140 for a period of three years. c. Notice. Administrative reviews shall be noticed within thirty days after receipt of an application by publishing notice of the review. Such notice shall be published once in a newspaper of general circulation in the county, not less than thirty days nor more than sixty days before the date of the anticipated administrative decision. If vestinc~ is desired for an administrative approval, it shall be noticed pursuant to the provisions of 4-90 and the notice requirements for caretaker dwelling units. d. Appeal. An appeal pursuant to section 3-290 and/or 3-300 is available to any party aggrieved by a decision rendered pursuant to this section. Ord. # -2002, 1041 Amendments: Steep Slopes, BOCC Emergency Enactment/9-11-2002 Page 4 LAW OFFICES OF HERBERT S. KLEIN & ASSOCIATES, P.C. HERBERT S. KLEIN hsklein~rof.net 201 NORTH MILL STREET LANCE R. COTI~ ' SUITE 203 coteOrof, net ASPEN, COLORADO 81611 MADHU B. KRISHNAMURTI Telephone (970) 9258700 madhu@rof..et May 5, 2003 Faca~mi'e (970)92s-39~,7 · also admitted in California Via Hand Deliverv Lance Clarke Assistant Director Pitkin County Community Development Department 130 S. Galena St. Aspen, Co. 81611 Re: 1041 - Slope Regulations Dear Lance, Attached is a redline of your prior 1041 slope regulations draft. The changes I am proposing are shown in bold italics and in a different font so that they can be easily identified. The underlined text is your prior redline changes that were included in the draft you sent me. To avoid confusion, I left yours with underlines so you could tell which changes were yours and which were mine. As you can see, I am not proposing wholesale changes. The thrust of my changes are to give Com Dev and the BOCC (on an appeal) the ability to weigh the relative hazards on a site and allow development in the most appropriate manner based on the specific site conditions. The current code tends to take a rigid approach that does not provide the flexibility needed to deal with complex properties. We often see development approved that is more destructive to the environment simply because it avoids 30% slopes, which in almost all cases can be demonstrated to be stable and able to be fully mitigated. I would appreciate your putting a copy of this letter and the proposed text changes in the Board's packet for the their hearing on this legislation. Thank you for your cooperation on this. Very truly yours, HERBERT~Q?~~TES, p.C. Herbert S. Klein HSK/ Repeal and Re-Enact § 3-80-050(C) as follows: 3-80-050(C). Potentially Unstable Slopes This section establishes: (1) the standards for development on potentially unstable slopes; and (2) the applicable review process for such development. 1. Development Standards. a. Definition: Potentially Unstable Slopes. Potentially unstable slopes means slopes that equal or exceed a thirty percent gradient, which tend to be susceptible to a landslide, a mudflow, a rock fall, and/or accelerated creep of slope-forming materials. b. Building Envelope and Slope Delineation. Concurrent with building permit submittal or prior thereto if the Applicant seeks administrative review as provided for in section 3-80-050(C)2b, below, a site plan that meets the requirements of section 5-70-040 shall be submitted that delineates all development within a building envelope. Slopes shall be delineated within the building envelope and along the access/driveway with two-foot contour intervals. Areas with slopes thirty percent or greater shall be clearly labeled and indicated by a distinct graphic pattern. c. Development Standards for Potentially Unstable Slopes i. Thirty Percent or Greater Gradient. Development is prohibited on slopes with a slope gradient of thirty percent or more, except as follows: a) No Alternative Building Site. If there is no alternative building site available on the parcel (this provision may not be utilized for driveways or roads), development may be approved by the Community Development Department through the review process of section 3-80- 050(C)2.b., subject to the following development standards: 1) An engineer or geologist licensed in the State of Colorado shall be required to demonstrate that the site can be engineered in such a way that there is no hazard posed by the location of development on slopes in excess of thirty percent. A precise engineer or geologist approved mitigation plan shall be required that shows the area of disturbed slope, any re-grading required and the exact size and location of all mitigation devices. Any development approved pursuant to this section shall be conditioned upon compliance with the engineer or geologist's recommended mitigation measures. 2) The mitigation measures must be determined by the Community Development Department to be the least visually and ecologically obtrusive alternatives. 3) To the extent possible, the development shall be designed so as to: avoid adding water to the site that would Ord. # -2002, '1041 Amendments: Steep Slopes, BOCC Emergency Enactment 1 9-11-2002 Page cause decreased stability; avoid removing the toe of the slope without adequate mechanical support; avoid increasing the weight load on top of the slope; re-contour disturbed slopes so that they can be re-vegetated; avoid steeping of existing slopes. b) Building Site With LesserFewe~ Impacts. (Lance. "fewer" implies quantity rather than a qualitative analysis ) Through the review process of section 3-80-050(C).2.b., development on slopes in excess of thirty percent may be permitted if the Community Development Department determines that the building site proposed creates, after consideration and balancing of relevant factors described below, lesser ~ impacts than if the development was limited exclusively to slopes of less than thirty percent. Driveways and roads are precluded from utilizing this exception.* All development permitted pursuant to this section shall be subject to the development standards of section 3-80-050(C)1 .c.i.a. 1) through 3). Affects which shall be considered in a determination of lesser impacts include, as applicable to the particular property, without limitation, setbacks, height of structures, parking, circulation, sight distances along driveway and road intersections, emergency access and circulation, location of utilities, visual impacts as viewed from adjacent public roads, disturbance of vegetation, affects on other hazard areas regulated under ~lrticle 3-80 and the ability of the applicant to develop the property in a manner consistent and compatible the existing development in its neighborhood. Development which might otherwise be prohibited, may be permitted in other hazard areas regulated under Article 3-80, if such development results in lesser impacts and such hazards are mitigated according to the standards set forth therefore in Article 3-80. c) Minor Slope Anomaly. Through the review process of section 3-80-050(C)2.a., exceptions for minor changes in slope-development may be permitted on lands that have a slope in excess of thirty percent when the slope is due to the presence of a minor natural or man-made change in the gradient of a continuous slope, provided that an engineer or geologist licensed in the State of Colorado demonstrate that the slope's ground surface is not prone to instability or failure and that the proposed development will not cause greater instability or increase the potential for slope failure. d) Existing Roads and Driveways. Through the review process of section 3-80-050(C)2.a., an exception for minor road and driveway improvements may be permitted to existing roads and driveways that traverse previously disturbed slopes in excess of thirty percent, provided that the applicant demonstrates that all of the following conditions are met: Ord. #. -2002, 104'1 Amendments: Steep Slopes, BOCC Emergency Enactment / 9-11-2002 Page 2 1) The improvements shall be limited to existing roads and driveways that traverse previously disturbed slopes in excess of thirty percent and comply, or can comply without impacting slopes in excess of thirty percent, with the minimum requirements in the Pitkin County Road Management and Maintenance Plan for width, grade and curvature. Road and driveway improvements that traverse undisturbed slopes in excess of thi.rty,percent are prohibited. 2) The improvements shall be minor in scope and shall be the minimum required to ensure the safety of both the general public and safety agency personnel. Improvements that may be permitted pursuant to this provision may include, but not be limited to, pullouts, turnarounds or grading, if the road or driveway otherwise complies with the standards of the Pitkin County Road Management and Maintenance Plan. Improvements that would create further impacts on slopes in excess of thirty percent in order to bring an existing road or driveway into compliance with the minimum standards of the Pitkin County Road Management and Maintenance Plan are prohibited. 3) The road or driveway was legally created as demonstrated by a valid copy of the permit for the road or driveway or by evidence that the road or driveway was constructed prior to the issuance of County road or driveway permits or that a permit was not required to construct the road or driveway. 4) The proposed use of the road is an existing legal use (i.e. if residential development is proposed, it shall be demonstrated that the road already services an existing, legal residential structure). The current use of the road or driveway shall not change between residential, commercial, lodging or industrial use. No read improvements shall be permitted pursuant to this provision to allow the development of any. structure where there is no pre-existing, legal structure (e.g., a mining road or jeep road which provides access to a vacant parcel shall not be improved pursuant to this provision to create access to a new residence). 5) An engineer or geologist licensed in the State of Colorado demonstrate that the slope's ground surface is not prone to instability or failure, and that the proposed improvements will not cause greater instability or increase the potential for slope failure. e) Short Driveway Encroachments. Throuqh the review process of 3-80-050(C).2.b., an exception for short driveway encroachments may be permitted as follows: 1) This exception may only be utilized where there is no alternative ali.qnment on slopes less than thirty percent and the proposed driveway is free of all of the followinq hazards: hi.qh Ord. # -2002, 1041 Amendments: Steep Slopes, BOCC Emergency Enactment 1 9-11-2002 Page hazard avalanche zone (red zone) and moderate hazard avalanche zone (blue zone)(see section 3-80-050(A)); landslide areas (see section 3-80-050(B)); and rockfall areas (see 2) For a maximum of 100 linear feet per lot/parcel, the ddvewa¥ may encroach on slopes between thirty and a maximum of forty percent qradient. 3) The maximum of 100 linear feet of permitted encroachment shall be measured alonq the centerline of the driveway. 4) All development permitted pursuant to this section shall be subiect to the development standards of section 3-80- 050(C)l.c.i.a.1) throuqh 3). Road and Driveway Improvements - Lesser Impacts. Development o fa driveway may be permitted in other hazard areas regulated under Article 3-80, if such development results in lesser impacts than if the driveway were constructed on slopes with a slope gradient of thirty percent or more, provided such other hazards are mitigated according to the standards set forth therefore in Article 3-80. The review and determination of lesser impacts shall consider the relative adverse affects resulting from such development on the regulated hazards present on the site and may permit development which is otherwise prohibited in such other hazard areas if the result is lesser impacts to the environmen& The determination of lesser impacts under this subparagraph shah be discretionary and may take into consideration the policies of the Pitkin County Land Use Code as well as its specific provisions. ii. Less Than Thirty Percent Gradient. Development is permitted on slopes with less than a thirty percent slope. 2. Review Process. All development shall be reviewed for compliance with this section based on the procedures set forth in sections 3-80-050(C)2.a. and b. below, unless additional reviews, are required in which case the applicable reviewing bodies shall be the decision makers. The Community Development Department may require a site visit to determine compliance with these provisions, and may charge a fee to defray the cost of reviewing the application. a. Building Permit Sign-Off. The following development shall be permitted through a concurrent building permit and slopes review: (1) development on slopes less than thirty percent (see section 3-80-050 (C)l.cJi.); (2) development on minor slope anomalies (see section 3-80-050 (C)l.c.i.c)); and (3) development of certain pre- Ord. # -2002, 1041 Amendments: Steep Slopes, BOCC Emergency Enactment/9-11-2002 Page 4 existing roads in excess of thirty-pement (see section 3-80-050 (C)l.c.i.d)). Along with a building permit application, the property owner shall submit a site plan that conforms to the requirements of section 3-80-050(C)1.b. Prior to building permit issuance, the Community Development Department shall determine that the proposed development meets the criteria of this section and sign-off on the building permit. b. Administrative Review. Certain development on slopes in excess of thirty percent may be permitted through an administrative review, subject to the development standards: (1) development on slopes in excess of thirty percent where there are no alternative sites (see section 3-80-050(C)1.c.i.a)); (2) development on slopes in excess of thirty percent where the Community Development Department determines that such development would have lesser-fewer impacts than on development on slopes less than thirty percent in grade (see section 3-80-050(C)1.c.i.b)); (3) development on slopes in excess of thirty percent for short driveway encroachments (see section 3-80- 050(C)1 .c.i.e)); (4) development of driveways in other regulated hazard areas where the Community Development Department determines that such development would have lesser impacts than from development on slopes greater than thirty percent in grade (see section 3-80-050(C) 1.c.i.f. The administrative review shall be conducted prior to building permit submittal and shall include conditions of approval consistent with the development standards contained herein. At the option of the applicant, and subject to public notice, the administrative review may be vested pursuant to the terms of section 4-140 for a period of three years. c. Notice. Administrative reviews shall be noticed within thirty days after receipt of an application by publishing notice of the review. Such notice shall be published once in a newspaper of general circulation in the county, not less than thirty days nor more than sixty days before the date of the anticipated administrative decision. If vestin.q is desired for an administrative approval, it shall be noticed pursuant to the provisions of 4-90 and the notice requirements for caretaker dwellinq units. d. Appeal. An appeal pursuant to section 3-290 and/or 3-300 is available to any party aggrieved by a decision rendered pursuant to this section. Ord. #. -2002, 1041 Amendments: Steep Slopes, BOCC Emergency Enactment 1 9-11-2002 Page 5