The URL can be used to link to this page

Home My WebLink Aboutbocc.ord.028.2004AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AMENDING TITLE 8 OF THE PITKIN COUNTY CODE - THE LAND USE CODE AMENDING THE FOLLOWING: SUB-SECTION 3-80-060~ HISTORIC AND ARCHAEOLOGICAL RESOURCE AREAS~ SUB-SECTION 3-150-030~ URBAN GROWTH BOUNDARY GROWTH MANAGEMENT EXEMPTIONS~ SECTION 4-50-010~ ONE-STEP REVIEWS - GENERAL~ SUB-SECTION 5-50-010~ GROUP I DEVELOPMENT APPLICATIONS - GENERAL; AND SUB-SECTION 9-110~043~ RURAL AREA GROWTH MANAGEMENT INCENTIVE FOR PRESERVATION OF HISTORIC STRUCTURES~ AND ADDING SUB-SECTION 3-150-070, URBAN GROWTH BOUNDARY GROWTH MANAGEMENT EXEMPTION FOR ONE ADDITIONAL SINGLE FAMILY DWEI,1JNG UNIT ON A LOT/PARCEL WHICH CONTAINS AN HISTORIC STRUCTURE(S) ORDINANCE NO.0~-2004 RECITALS Baretta LLC and Purdey LLC have proposed to amend several provisions of the Land Use Code to make the historic preservation standards for the Urban Growth Boundary ("UGB") consistent with the standards for the Rural Area. The primary amendment would exempt the floor area associated with an historic structure within the UGB from the calculation of floor area when an additional dwelling unit is constructed on the lot or parcel. 2. The Pitkin County Planning and Zoning Commission considered tile proposed code amendments at a regularly scheduled meetiog on April 20, 2004, and recommended approval by a vote of 4-0. 3. The BOCC approved the proposed code amendments at a duly noticed public hearing on first reading on Jnne 9, 2004, and voted to approve the proposed amendments on second reading on June 23, 2004. 4. Tile BOCC finds that the proposed code amendments are consistent with the applicable provisions of the Code. NOW, THEREFORE, BE IT ORDAINED by the BOCC that it hereby amends Title 8 of the Pitkio County Code, the Land Use Code, as follows in Attachment A. NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 29th day of May, 2004. INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the th 9 day of June, 2004. APPROVED AND ADOPTED AFTER SECOND READING on the 23~d day of June, 2004. PUBLISHED AFTER ADOPTION in the Aspen Times Weekly on the ~ day of ~"'D/-, ~ , 2004. / I THIS ORDINANCE SHALL BECOME EFFECTWE 30 DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. ATTEST: APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS OF PITK1N COUNTY, COLORADO Dorothea l~arns, Chair Date _~'~//- cD ? APPROVED AS TO CONTENT: ohn Ely, County Att~l~ney Ci/f~dy'Houben, x Community Development Director EXHIBIT A I. AMEND SECTION 3-150-030 AS FOLLOWS: 3-150-030 Urban Growth Boundary Growth Management Exemptions K. One additional single-family unit on a lot which contains an historic dweUin§ unitstructure(s) shall be exempt from growth management scoring and competition. Development approved pursuant to this exemption provision shall be deducted from the Metre AreaUrban Growth Boundary development allotments and development ceilings. (Refer to tweone-step review procedures in Section 4-6~50, Section 5-50 for submission contents and Subsection_s 3-80-060 and 3-150-170 for standards). I1. ADD A NEW SECTION 3-150-070 AS FOLLOWS: 3-150-070 One Additional Single Family Dwelling Unit on a Lot/Parcel which Contains an Historic Structure(s) One additional single-family dwelling unit may be allowed on a parcel/lot that contains an historic structure(s) subject to compliance with the standards in this section and Sections 3-80-060 C and 3-210. Applications will be considered by the Hearing Officer. A. One Single-Family Dwelling Unit and Historic Structure(s) Exempt from Growth Management. One additional single family dwelling unit is exempt from Growth Management. Only one single family dwelling unit per parcel as it was configured on June 12, 1978 is permitted in addition to the historic structure(s),' regardless of the number of historic structures on the parcel. This exemption shall not be available to properties with existing, non-historic single family dwelling units. The historic structure(s) is exempt from Growth Management. B. Listing of Historic Structure(s) and Agreement to Maintain Historic Structure(s). Prior to the issuance of a building permit for the additional single family residence, the applicant shall: 1. Place the historic structure(s) on the National and State Register of Historic Places, if the structure(s) qualifies, and/or list the historic structure(s) on the Pitkin County historic inventory. 2. Place a covenant on the property in a form acceptable to the County Attorney agreeing to maintain or expand the historic structure(s) in accordance with the U.S. Secretary of the Interior's Standards for Treatment of Historic Properties, as interpreted by the County's Historic Preservation Officer. C. Relocation of Historic Structure(s) on Original Parcel/Lot. An historic structure(s) may be relocated on its original lot/parcel, if relocation is determined to best serve the preservation of the historic structure(s). D. Relocation of Historic Structure(s) to Another Lot/Parcel 1. No Growth Management exemption shall be available if the historic structure(s) has been moved from its original parcel/lot or is proposed to be moved from its original parcel/lot, unless approved through a one-step special review by the Board of County Commissioners, based on a finding that relocation will best serve the preservation of the historic structure(s). 2. A Growth Management exemption obtained through this provision is only available on the parcel/lot where the historic structure(s) is located and transfer of the exemption to another parcel/lot shall be prohibited, unless approved through a one-step review by the Board of County Commissioners. E. Changes in Use of Historic Structure(s). Changes in use of the historic structure(s) may be allowed through a one-step special review by the Board of County Commissioners. F. Calculation of Floor Area for Historic Structure(s) 1. If the lot/parcel on which an additional dwelling unit is proposed is located in a zone district that does not have a floor area ratio (FAR), the floor area of the historic structure(s) shall be exempt from the calculation of floor area for the lot/parcel. 2. If the lot/parcel on which an additional dwelling unit is proposed is located in a zone district that has a floor area ratio (FAR), a floor area bonus of the lesser of 25% of the allowable floor area for the lot/parcel or the size of the historic structure(s) shall be provided for the historic structure(s). I11. AMEND SUB-SECTION 3-80-060(C) as follows: 3-80-060 Historic and Archaeological Resource Areas C. One Additional Dwellin,q Unit on a Lot/Parcel which Contains an Historic Structure(s) and Expansion of an Historic Structure(s) on a Lot/Parcel which will Contain an Additional Dwell n,q Unit 1. Additional Dwellinq Units. One additional dwellinq unit may be allowed on ,q lot/parcel which contains an historic structure(s), includin.q lots/parcels which do not meet thn minimum lot area per dwelling unit requirement of the underlyin.q zone district. Applications for an additional dwellin.q unit on a lot/parcel containing an historic structure(s) will be considered throuqh a one-step review by the Hearinq Officer subject to compliance with the standards in this section and the special review standards in Section 3-210, and may be exempt from growth manaqement subiect to the standards in Section 9-110-043 for a lot/parcel in the Rural Area or the standards in Section 3-150-170 for a lot/parcel in the Urban Growth Boundary. 2. Expansion of an Historic Structure(s) on a Lot/Parcel Containinq an Additional Dwellinq Unit. Expansion of an historic structure(s) on a lot/parcel which contains an additional dwellinq unit may be allowed throu.qh a one-step review by the Hearinq Officer sublect tn compliance with the standards in this section and the special review standards in Section 3-210, 2 and may be exempt from growth manaqement subject to the standards in Section 9-110-043 for a lot/parcel in the Rural Area or the standards in Section 3-150-170 for a lot/parcel in the Urban Growth Boundary. IV. ADD THE FOLLOWING TO SUB-SECTION 4-50-010: O. One Additional Dwelling Unit on a Lot/Parcel Containing an Historic Structure(s) (Refer to Sections 3-150-170, 9-110-043, 3-210 and 3-80-060 for standards and Section 5-50 for Submission Contents). P. Expansion of an Historic Structure(s) on a Lot/Parcel Containing an Additional Dwelling Unit (Refer to Sections 3-60-060 and 3-210 for standards and Section 5-50 for Submission Contents). V. ADD THE FOLLOWING TO SECTION 5-50-010: S. One Additional Dwelling Unit on a Lot/Parcel Containing an Historic Structure(s) and Expansion of an Historic Structure(s) on a Lot/Parcel on which an Additional Dwelling is Developed (Refer to Section 4-50 for procedures and Sections 3-80-060, 3-210, 3-150-170 and 9- 110-043 for standards). VI. AMEND SECTION 9-110-043 AS FOLLOWS: [amendments shown in ztri!ccc, ut/bold are proposed by staff and were not included in the application] 9-110-043 Incentive for Preservation of Historic Structures One additional single-family dwelling unit may be allowed on a lot/parcel that contains an historic structurefs), subject to the following: A. One Single-Family Unit and Historic Structure(s) Exempt. The additional single-family dwelling unit is exempt from Growth Management up to five thousand, seven hundred fifty (5,750) square feet of floor area. Only one single-family dwelling unit per parcel as it was configured on June 12, 1978, is permitted in addition to the historic structure(s), regardless of the number of historic structures on the parcel and/or the availability of an exemption pursuant to Subsection 9-110-051. This incentive shall not be available to properties with existing, non- historic single-family dwelling units. The retention of the historic structure(s) is exempt from Growth Management. B. Listing of Historic Structurefs). The applicant shall agree to place the historic structure(s) on the National and State Register of Historic Places, if the structurefs) qualifies, and/or the structure.(A) must be listed on the Pitkin County inventory. The listing must occur prior to issuance of any building permits for the property. C. Agreement to Maintain Historic Structure(s). The applicant shall agree to place a covenant on the property in a form acceptable to the County Attorney agreeinq to maintain or expand the historic structure(s) in accordance with the U.S. Secretary of the Interior's Standards for Treatment of Historic Properties, as interpreted by the County's Historic Preservation Officer. mcintcln thc histeric structure and ceve,",c~t in c fcrm ccccptcb!e ts th~ Ceu,",ty .^,tt. em~y D. Original Location of Historic Structure s(~ Required. No Growth Management exemption shall be available if the historic structure~ has been moved from its original parcel/lot or is proposed to be moved to another parcel/lot, unless approved through a one-step special review by the Board. A Growth Management exemption obtained through this provision is only available on the parcel/lot where the historic structure~s~ is located, and transfer of the exemption to another parcel/lot shall be prohibited, unless approved through a one-step review by the Board. E. Change in Use Requires Special Review Approval. Changes in use of the historic structure.(A) may be allowed through a one-step special review by the Board of County Commissioners. F. A~lditions Disallowed for Five Years After Certificate of Occupancy. The addition exemption of Subsection 9-110-052(C) shall be prohibited for five (5) years after the issuance of the certificate of occupancy for the dwelling unit created through this incentive unless a Growth Management allotment is obtained or transferable development rights are utilized. G. Total Floor Area Reserved. A single-family dwelling unit constructed pursuant to this incentive with less than five thousand, seven hundred fifty (5,750) square feet shall be entitled to the total floor area of five thousand, seven hundred fifty (5,750) square feet for any future development. The construction of additional floor area up to five thousand, seven hundred fifty (5,750) square feet shall not be considered an addition subject to the five-year rule set forth in Subsection 9-110-043(F). H. "Fathering Parcel" Retains Exemption Even if Reconfigured After June 12, 1978. An original "fathering parcel" which was legally configured as of June 12, 1978, retains one Growth Management exemption subject to the limitations of this section, notwithstanding any reconfiguration of the parcel after June 12, 1978. The exemption shall be granted to the parcel which seeks the exemption first in time, or designated in the subdivision or division of the original fathering parcel. (Ord. 023-2000, Att. A) I. Calculation of Floor Area for Historic Structure(s) If the lot/parcel on which an additional dwellinq unit is proposed is located in a zone district that does not have a floor area ratio (FAR), the floor area of the historic structure(s) shall be exempt from the calculation of floor area for the lot/parcel. If the lot/parcel on which an additional dwelling unit is proposed is located in a zone district that has a floor area ratio (FAR), a floor area bonus of the lesser of 25% of the allowable floor area for the lot/parcel or the size of the historic structure(s) shall be provided for the historic structure(s). However, this bonus shall not be available to properties in the VC and VR zone districts.