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PITKIN COUNTY LAND USE CODE APRIL 2006 PUBLIC HEARINGS
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ADril 11 A.2ends
l.Open Public Hearing and 200 reading
2.Clarify the agenda and procedures for the next 3 days
3.Request for topics to be added by BOCC, PZ and Public
4.Consent Agenda:
./ Reporting aCTOR Sales Value TORs
./ Conservation Easements
./ Merger Procedure
./ Historic Preservation
./ Affordable Housing Independent Fee Calculation
./ Multiple UsesJOne Principal Use per Parcel
./ Floor Area Defmition
./ Retaining Walls
./ Modifications to Development Applications
./ Airport Variances
./ Growth Management Scoring
./ Holy Cross Technical Corrections
./ Floor Area Limits for Substandard Sized Lots in Non::'FARZones
./ Wildlife Habitat Areas - General Buffer Standards
./ Institute
./ Constrained Site TDRs
./ Conflict with State Law
./ Violations, Enforcement and Penalties
./ General LUC Revisions/Corrections
./ Application Manual (Submission Requirements)
5.Discussion Items:
o Water Depletion Mapping and Amended LUC Provisions
o Scenic View Protection Mapping
o Vertical Stream Setbacks
o Replacement of Non-Conforming Structures
o Expansion of Existing Non-Conforming Civic and Institutional Uses
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Aoril 12 AE:enda
I.Open Public Hearing
2.Clarify the agenda and procedures for the next 2 days
3.Request for topics to be added by BGCC, P&Z and Public
4.Consent Items
5.Discussion Items:
o Basalt Urban Growth Boundary - Floor Area Limitations
o TOR Supply and Demand Analysis
o Special Review for Use of TORs for Additional Floor Area
o 1,000 Square Foot Growth Management Exemption
o Lapsing of Building Envelopes
o Special Review Uses in the Rural Area
Aoril13 Menda
I.Open Public Hearing
2.Clarify the agenda and procedures
3.Request for topics to be added by BOCC, P&Z and Public
4.Consent Items
5.Discussion Items
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Memorandum
TO:
Pitkin County Board of County Corrunissioners
Planning and Zoning Commission;
RE:
Pitkin County Land Use Code, Second Reading and Public Hearing
Application Manual (Submittal requirements), First Reading
FROM:
Pitkin County Community Development Staff
DATES:
April 11-13, 2006
SUMMABY: The Board of County Commissioners ("BOCC") approved tbe revised Pitkin County Land
Use Code ("LUC') on first reading on February 28, after a recommendation of approval by the Planning
and Zoning Commission ("P&Z"). The revised LUC (including revisions made at first reading) was then
published in tbe Aspen Times on March 26, 2006 and noticed for second reading and public hearing on
April II, 2006. Three days of hearings are scheduled (April 11-13); tbis memorandum addresses issues
that will be covered in those hearings. The order of the topics may change based on the daily progress of
the review.
The Pitkin County Community Development Department staff has assembled this memorandum and
attachments in order to provide further analysis on specific issues as requested by the BOCC and P&Z at
first reading. This memorandum also addresses additional topics that have been raised. by the public or
the staff since first reading.
The purpose of the April meetings is to review all the remaining areas of the code, which the BaCC and
PZ feel are necessary to review in detail, to take public comment, and to adopt the final draft as amended.
(See proposed Ordinance, Attachment A).
OVERVIEW OF PROCEDURES AND ORGANIZATION OF TIllS MEMORANDUM:
Format of individual topics: The staffhas prepared draft code language for each of the topic areas
where the BOCC andlor staff recommend revisions to the current draft language. We request that the
BaeC and P&Z approve this language and/or recommend additional revisions to the proposed language
in order for staff to be able to efficiently update the code.
Presentations: Full Power Point Presentations have been developed only for those items that the staff
felt needed extensive discussion. Many topics will only have introductory slides. Two presentations - the
scenic roads designation and water depletion area- will include maps to be shown at the meetings (and
which are available prior to the meetings for public review).
Adoption:
1. The P &Z will make a recommendation on each topic. The BOCC will review the topic in a public
hearing fOImat. Once discussion by tbe BOCC and Public Comment has closed, tbe BOCC shall vote
on the topic and direct staff to make amendments to the LUC;
2. If sections are revised and/or are not included in the published draft of the LUC, they will be
puhlished in tbe newspaper. They do not need to be puhlished before becoming effective (iftbe LUC
is adopted in full).
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3. The P&Z will make a recommendation to the BOCC regarding the adoption of amendments to the
LUC as approved on first reading.
4. BOCC will vote and take action to adopt the revised LUC, adopt the revised LUC with further
amendments or deny the adoption of the LUC.
5. If the LUC is amended on second reading, it will be set for a third reading.
6. At third reading the BOCC may adopt or not adopt specific amendments.
7. Stsff recommends that the adopted LUC become effective immediately, and that staffbe provided
with a 30-day period to revise text pursuant to the final approval.
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IV.
April 11 Aeenda
Open Public Hearing and 2nd reading
Clarify the agenda and procedures for the next 3 days
Request for topics to be added by BOCC, PZ and Public
Consent Agenda
0/' Reporting ofTDR Sales Value
./ TDRslConservation Easements
./ Merger Procedure
./ Historic Preservation
v' Affordable Housing Independent Fee Calculation
v' Multiple Uses/One Principal Use per Parcel
./ Floor Area Definition
../ Retaining Walls
../ Modifications to Development Applications
./ Airport Variances
../ Growth Management Scoring
../ Holy Cross Technical Corrections
0/' Floor Area Limits for Substandard Sized Lots in Non-FAR Zones
0/' Wildlife Habitat Areas - General Buffer Standards
../' Institute
0/' Constrained Site TDRs
./ Conflict with State Law
../ Violations, Enforcement and Penalties
./ General LUC Revisions/Corrections
./ Application Manual (Submission Requirements)
v.
Discussion Items
./ Water Depletion Mapping and Amended LUC Provisions
./ Scenic View Protection Mapping
0/' Vertical Stream Setbacks
./ Replacement ofNon~Confonning Structures
./ Expansion of Existing Non-Conforming Civic and Institutional Uses
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CONSENT ITEMS
Staff has identified a number of issues that we feel the BOCC and P&Z can review and provide a
recommendation on without a presentation by staff. As with caseload items on a BOCC consent agend~
these items will be open for Public Hearing and discussion if a member of the BOCC, P&Z or public
wishes to discuss the item in more detail. Given the volume of topics to be discussed, the staff feels it is
necessary to work with a consent agenda as much as possible.
1. TDR Sales Value (See. 2-40-30): Atfirst reading the BOCC directed staff to incorporate a
procedure into the LUe to document the dol/ar value ofTDR sales. Staff recommends that the P&Z
and BOCC approve thefol/owing revision to Sec. 2-40-30(A)(4):
(4) SALE OF TORS
An irrevocable certificate of TORs may be sold, transferred or conveyed.~The sale assianment
conveyance or other transfer or chance in ownershio of transferable develooment riahts
certificates must be reoorted to the Pitkin County Community Oevelooment Office within 5 days
of such transfer. The raDort of such transfer shall disclose the certificate number the arantar
the crantae and the total yalue of the consideration caid for the certificate. Failure to timely and
accurately recort such transfer may void the transferable develooment richt certificate.
2. TDRs/Conservation Easements: Ken Ransford submitted a proposed revision to Section 6-70-40
(a)(2) "Criteria for (TDR) Sending Sites, "(Attachment C) which would enable a landowner to first
convey a conservation easement on a property, and later certify TDRs on the property previously
burdened by the conservation easement. The language was reviewed by the County Attorney and
Open Space Director, both of whom found it to be an acceptable way to provide fUrther incentives for
conservation development. Staff recommends that the P&Z and ROCC approve the/ol/owing
revisions to Sections 6-70-40(a)(2) and 11-10:
(a) Criteria for Sending Sites
(1) LEGALL Y CREA TED PARCEL
A Sending Site shall be a legally created parcel.
(2) ELIGIBLE SENDING AREA
A Sending Site shall be located in a zone district from which development rights may be
transferred, or may be a Constrained Site, as shown in Table 6-12. [New] (referenced as Eliaible
TOR Zones). TORs may be severed and sold from land within Eliaible TOR Zones if the land is
subiect 10 a conservation easement aranted after rthe date of enactment of the 2006 LUC rewritel
but before the TORs have been certified orovided the conselVation easement soecifically
reselVes the richt to certify TORs. If the landowner seekinc a TOR claims State or Federal Tax
benefits for the conselVation easement the landowner must declare any TORs reserved as an
amount received for a baraain sale at their aooraised value on IRS Form 8283 sicned by the
aooraiser and acknowledaed by the County. TORs reserved in a conservation easement may
not be certified until the County duly executes a deed restriction on the orooertv. and takes other
action as may be necessary to rezone the orooertv or to deslanate it as a constrained lot in order
to desianale the orooertv as a TOR sendina site.
11-10 - DEFINITIONS
Eliaible TOR Zone: A zonina classification that oermits crooertv to be an eliaible TOR sendina
site as set forth in Table 6-12.
~ _ - - - Dehrted: A deed evidencing the sale,
conveyanca or mmster of an
irrevocable certificate must be
recorded with the Pitkin County Clerk
and 8 copy delivered to the
Community Development
Department.
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3. Merger: CR.S. Ii 30-28-139 (new Slate legislation in 2003) provides lhal merger oj properlies,
whether by the County or voluntarily by a landowner, can only occur pursuant to specific procedures.
Staff recommends that the P&Z and BOCe approve inclusion a/these procedures in the LUC as a
new Sec. 2-40-80 to be consistent with the State legislation. A related revision is proposed to Sec. 9-
20-20:
, 1 Fonnattec:l: Bullets and Numbering 1
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2-40-80: MERGER OF PLATTED LOTS OR PARCELS
2-40-80: General
(a) The loVoarcel mercer orocedure is a one-slee orocedure to comelv with the reauirements of C.R.S. ~
30-28-139. All mercers of clatted lots or careels shall comolv with the followina orocedures and
standards excect that the orovisions of subsections (b)(1) throuah (4) shall not soolv (4)
Notwithstandinc any other orovision of this section the reauirements of subsections (1) and (2) of
this section shall not aeelv to any mercer of oarcels of land that is reauested in writina bveach
owner of an affected Darcel. In addition all mercers of substandard lots or Darcels shall be _. _ _ _ _ _ --{ Deleted: r
subiect to the orovisions of Sec. 9-20-20. Nothinc in this section shall be construed to abroaate or
otherwise diminish or exoand any "ahts a landowner may have under article 68 of title 24 C.R.S.
or Sec. 2-20-170 concemina vested orooertv riahts. rNewl
(b) Procedure
(1) Prior to the mercer of two (2) or more oarcels of land for the ournose of eliminatinc interior lot lines
obsolete subdivisions. or otherwise the County shall send notice of the County's intent to comclete
the mercer to each owner of the affected carcels bv certified mail. The notice shall also soecifv that
each such owner may reouest a hearina on the orocosed mercer oursuant to subsection (2) below.
and shall soecifv action to be taken bv such owner to reauest such hearina includina without
limitation the recuirement that said owner shall reQuest the hearinQ within one hundred twenty (120)
days of the date the notice reauired bv this subsection (1) is received bv the owner. fNewl
(2) Where each owner of an affected Darcel has timely reQuested a hearina on the oroDosed mercer
satisfvinc the reauirements of subsection (1) a oublic hearina on said mercer shall be held before
the Board of County Commissioners. The hearinc shall be conducted for the ournose of allowina the
Board to discuss with the owner of each affected Darcel its reasons for oroceedinc with the mercer
and to cive each owner the oooortunitv to submit any basis orovided under law for challenaina the
mercer. The hearinc shall take Dlace no sooner than ninety (90) davs followinc the date of the notice
recuired bv subsection (1). Where the owner of each affected oarcel does not timely recuest a
hearino on the orooosed mercer satisfvina the recuirements of subsection (1) no hearina is
reouired and the affected oarcels shall be merced in accordance with the reouirements of this
section. fNewl
(3) Where a hearina has been dulv reauested Dursuant to subsection (2) notice of the time clace and
manner of the hearinashall be orovided to each owner of the affected carcels oursuant to Secs. 2~ _ _ _ --{ Deleted: pursuant to
20-100(a)(1) and (4) and shall also be oublished in a neWS080er oursuant to Secs. 2-20-100(a)(1)
and (2). [Newl
(4) No mercer of oarcels that is the subiect of a hearinc before the Board of County Commissioners
shall be effective unless the owner of the oareals has civen his her or its consent to the mercer of
said carcels. and the mercer has been aooroved bv a maioritv of the Board of County
Commissioners. fNewl
(5) Uoon comoletfon of any mercer of oarcels in accordance with the reauirements of this section the
County shall file of record a notice of mercer with the Pitkin County Clerk and Recorder of deeds
and such notice shall constitute orima facie evidence that all of the reauirements of subsection (1),
(2) and (3) have been satisfied. fNewl
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9-20-30: CUMULATION OF SUBSTANDARD SIZE LOTS OR PARCELS
(a) "Common ownership" of contiguous substandard size lots or parcels shall cumulate with the
exception that:
(1) Lots or parcels in subdivisions approved and signed by the Board of County Commissioners shall not
merge regardless of their size, unless the owner has consented~
(2) Pursuant to C.R.S. 30-28-139, on and after October 1, 2003, lots for which the owner has not
consented to merger shall not merge regardless of their size~ and
(3) All mercers of contiauous substandard lots shall follow the orocedure set forth in See 2-40-80. .. - - - -{ Formatted: Bullets and Numbering]
4. Historic Preservation: The BOCC requested that we include and consider the revisions proposed by
Lisa Purdy. Staffhas responded to her recommendations in Attachment D. Staff recommends that
the P&Z and BOCC approve the fonowing revisions based on Ms. Purdy's comments:
.,r Change the headingfor Section 7-20-100(b) to riference the three-tiered system, as
indicated below:
(a) Recoanition of Historic Resources - Three- Tiered $vstem
./ All-d~~oliiio;' in- the -Co~~o; (r;ia-"di~s- ~j ~hithir -a-" - hiSio~ic ~intcbJ~e) 1;- subject (0- - - - - - -
approval of a demolition permit. Staff recommends that Section 7-20-100(b) be clarified
as follows:
Deleted: 4>The PltJdn Coun~
Historic Invenfol')1'
Listing on the Pitkin County Historic Inventory has no regulation associated with It (with the exceotion
of a demolition oermit as reauired on all crooerties in the Countv), unless the property owner
voluntarily agrees to regulation, and there are selected incentive programs available to inventory
properties.
.,' Thefollowing was added as a last sentence to Section 7-20-100 2(b)1
Until the desian auidelines are adooted bv the Board of County Commissioners the Secretary of the _ _ _ _ - -{ Formatted
Interior's Standards for Rehabilitation shall be utilized to review alterations and new construction.
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./ Given the potential Community impacts associated with the optional benefits, Staffrecommends
that the BOCC havefull discretion to determine which properties receive optional benefits.
However, Staff recommends that the criterion, "Construction materials are o/the highest
quality, .. be deleted (as shown below)Jrom Section 7-20-100 (f)(4), as it may prove difficult to
assess in review.
To be granted an optional incentive, the applicant must demonstrate that:
(a)The design of the project meets all applicable historic preservation design guidelines and is ino-- - - -j Formatted: Bullets and Numbering
conformance with the Pitkin County Comprehensive Plan, and
(b)The benefits provided are proportional to the significance of the historic resource and
(c)The historic building remains a key element of the property and the new development does not
compromise the visual integrity of the historic property; and
(d)The new construction is reflective of the proportional patterns found in the historic building's form,
materials and openings, or the work removes later alterations and restores the historic building to Its
appearance during its period of significance; and
(eL
Deleted: Construction materials are
of the highest quality, and
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(f)The project is compatible with the character of the neighborhood in which it is located, and
(g)Hlstoric outbuildings, site and landscape features are retained and stabilized and restored, as
appropriate.
5. Affordable Housing Independent Fee Calculation (See. 8030-60): The BOCe directed clarity on
the ability of a property owner to propose an independent fee calculation for the employee howing
impactfee. StafJrecommends that the P&Z and BOCC approve the fallowing revisions to Sec. 8-30-
60:
8-30-60: IMPACT FEE FOR UNCLASSIFIED DEVELOPMENT AND LAND USE
The employee housing impact fee schedule is based upon three classes of development: residential,
commercial and touristllodge accommodations. If the type of development proposed is not specified as
one of these three classes of development, the fee applicable shall be calculated based upon the most
comparable type of development and land use category described above. If a property owner believes
that there is no appropriate comparison between the proposed development or land use and the three
classes of development described above or that the sceciftc instance of orocosed develocment would
oenerate emolovees at a sionificantlv lower rate than indicated bv the imoact fee schedule then the
property owner may submit an independent fee calculation study, as described in Section BOO, to suggest
an alternative impact fee payment. Unclassified development and land use shall mitigate one hundred
oar cent(1 00 %) of the impact of its employee generation. [Recently Adopted Ordinance]
6. Multiple Uses/One Principal Use Per Lot/Parcel (Section 4~JO-20): Atfirst reading the BOCC
addressed the issue of multiple residential uses on one lotlparcel, but directed staff to consider
fUrther the issue of multiple uses - residential and non-residential- on one lotlparcel. Staff feels that
the current system of Special Review does an adequate job afrestricting the extent ofa non-
residential use in the residential zone districts. It is also troe that roral areas traditionally have
several uses on larger parcels. Therefore, Staffis not recommending any additional action at this
time.
7. Floor Area Defmition (See. 5-20-70) - Crawl/Attic Space, Pergola and Gas Station Canopies: The
definitions of crawl space and attic space have been added to the sections that exempt these areas for
additional clarity. An exemption has been proposedfor gas station canopies; the 1,000 sq. ft.
proposed is similar to the existing canopies at the Snowmass Canoco and the Aspen Quick Mart.
Gideon Kaufman and Rill Harriman have suggested that some floor area exemption be allowedfor
''pergolas'' (See Attachment E). They have proposed that pergolas be in the same exemption
category as decks, balconies, and stairways, whereby up to 15% of the approvedjIoor area on the
parcel can be in these uses and still be exempt. Staff does not object to their proposed exemption
language, with the additional clarification added that "there shall be no walls". Staff recommends
that the P&Z and ROCC approve the following revisions to Sec. 5-20-70:
5-20-70: MEASUREMENT OF FLOOR AREA
(c) Decks, Balconies, Stairways and Similar Features
Structures that exceed thirty (30) inches above natural or finished grade, and that are not covered by a
roof or architectural projection from a building, are exempt from floor area for up to fifteen (15) percent of
the approved floor area for the subject parcel or lot Any areas in excess of fifteen (15) percent shalt be
counted toward floor area. Decks, balconies, stairways, and similar features with a horizontal projection
greater than eight (B) feet may only be converted to enclosed interior areas when the resulting floor area
does not exceed maximum floor area that would otherwise be applicable to the property under Table 5-1.
[Existing -limited by Table 5-1J
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Peroolas and ODen Shade Structures shall be considered Dart of the 15% of the aooroved floor area for
decks balconies stairwavs and similar features as defined in Section 8~01 of the Pitkin County Land Use
Code so lone as the followine criteria are met. Overall heieht can not exceed 12' above finished or
existina erade whichever is most restrictive. At least 70% of the area of such structures shall be ODen to
the Sky. There shall be no more than two lavers of structure above the column caoitals. Princioal beams
shall be a minimum of 10' on center and have maximum dimension of 6" in width and 12" in deoth.
Secondary beams shall be soaced at a minimum of 24" on center and have a maximum dimension of 4-
in width and 10- in deoth. There shall be no walls. The doublina of beams over the columns shall be
oermitted.
(d) Crawl Spaces
I Areas below the first usuable floor of a buildina. used for limited access to olumbina mechanical. and/or..
electrical utilities shall be exempt from the calculation of floor area, even if exposed above natural grade,
so long as the height of the crawl space does not exceed five(5) feet six (6) inches.
(e) Attic Space
Areas between roof fremina and the ceilina framina of the rooms below and that is not habitable. but may _" "
be reached bv ladder and used for storace or olumbina mechanical and/or electrical utilities shall be
exempt from the calculation of floor area, so long as the height of the attic space does not exceed five (5)
feet six (6) inches.~_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(f) Gas Station CanoDies
Un to 1 000 sa. ft. of cas station canoey shall be exemot from the calculation of floor area for any
aooroved aas station.
8. Retaining Walls (See. 7-20-20): Atfirst reading, it was suggested that the language regarding
standards for retaining walls was too irif/exible. Staff recommends that the standards in Sec. 7-20-20
be changed to guidelines asfollows:
7-20-20: STEEP AND POTENTIALLY UNSTABLE SLOPES
(e) Additional Standards
All activity .and development on slopes with a gradient of thirty (30) percent or greater shall comply with
the following cuidelines and standards.-.;
(Sj.t3UIDEUNES FOR RETAINING WALLS _ _ .
Use of retaining walls is encouraged to reduce the steepness of man-made slopes and to provide
planting pockets conducive to revegetation. [Newl
!eL.Retaining walls may be permitted to support steep slopes but. should n_01 ~x_C!tf!d_ fp~rj1 )J~~tj,! :..
height from the finished grade, except for (a) a structure's foundation wall, or (b) as necessary
to construct a driveway from the street to a garage or parking area, or (c) as otherwise
expressly allowed by this Land Use Code.
~ retaining wall should not exce(;l:d seVen (7) feet in height~ Retaining walls gfe~ter than four (4)__ . -
feet in "heighfshall be supported by ~apPrOpriate im~g-ineeringn a-nd 'revlewec{a'nd apprnvecfby the -
County.Enaineer._ _ __.n. n. n. nn_ _ _n ~.n _ _.n _._n. _ n. n. _ n. _ n__ n_ .n. __._ _. n. _ _ _ _ _. _. _. __ __._.n_
!f!LTerracing.should be limited to. !wo(2)tiers. .The width of the terra""betweenany twofo~r(4) .. .. .
foot vertical retaining walls.shouJd be_ant te~~t_lt)r~ {~) !eet. R~tai~i.ng w~l~s higher than four (4)
feetshould be separat~d fr~1'!1 any C?ther rel?in~~g wall by ~ minimum of five (5) ho~ontal feet. _
Terraces created between retaining walls shall be permanently landscaped or revegetated with
native vegetation.
.. -[ Deleted: Cl'1!Iwl spaces
_ " .r Deteted: That portion of attic space I
. . 1 Deleted: lEx"'''.]
. { Deleted: .
{ Deleted:
Formatted: Bullets and Numbering
Deleted: shall
i Deleted: In no case shall a
Deleted: engineer
Deleted: shall
Deleted: shall
- - n i Deleted: shall
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(6) STANDARDS FOR RETAINING WALLS
.@LRetaining walls shall be faced with stone or earth-colored materials similar to the surrounding--~-
natural landscape.
!QLAII retaining walls shall comply with the adopted building code, except that when any provision of
this section conflicts with any provision set forth in the adopted building code, the more restrictive
provision shall apply. [New]
9. ModifICation of Development or Building Permit (See. 1-100-40): Glenn Horn asked that it be
clarified that a modification to an existing development approval must comply with the new LUC. but
that the entire existing approval would not have to comply with the new LUe. Staff recommends that
the P&Z and ROCe adopt the following revisions to Sec. 1-100-40:
1-100-40: MODIFICATIONS
If, after the Effective Date, an applicant requests a modification of a development or building
permit granted prior to the Effective Date, then the provisions of this Land Use Code~
applicable to the requested modification. shall apply to such modification. [New]
10. Airport Variances: The Pitkin County Airport reviewed the draft LUe and submitted letters
(Attachments FJ and F2) indicating that there are specific standards of the LUC that the airport
cannot meet (i.e. noise). Several of these issue areas are understandable and are inherent in ronning
an airport. In discussions with Jim Elwood, Pitkin County Airport Manager he noted that in other
communities there is often an "Airport" zone district which provides uses and standards more
specific to the operations of an airport. The proposed zoningfor the Pitkin County Airport is PI.
Public Institutional. The standards for the PI zone require an approved Master Plan. In the case of
the airport, staffis recommending that all standards of the LUC may be varied as part of the review
and approval of the Master Plan. While staff does not agree that all standards should be varied for
the airport, it is understandable that the unique operations of an airport may require variances.
Rather than try to predict each one (wildlife friendly fence design for example), stafJ recommends that
those requests be scrotinized at the time a Master Plan or amendment thereto is reviewed. Staff
recommends that the P&Z and BOCC approve the following amendment to Sec. 4-30-30, Use-
Specific Standards for civic and institutional uses:
(a) Airport
The standards of this Code may be varied for an airoort use as cart of the review and aooroval of a
Master Plan in the Public and Institutional zone district.
11. Growth Management Scoring: (See. 6-50 & 6-60): StafJreceived recommendations from Cathy
Marklefor revisions to the residential and commerciaUtourist accommodations scoring standards for
Growth Management allocations. Ms. Markle's letter and Staff's full response can befound in
Attachment G. StafJrecommends that the P&Z and BOCC approve thefollowing revisions based on
Ms. Markle's comments:
./ Staffrecommends that the P&Z and BOCe adopt the following amendment to Section 6-50-
20(b)(2)(a)(5), StandardsJor Scoring ApplicationsJor Residential Allotments - Water Resources,
to include creditfor downstream return:
5. Whether an applicant proposes a water augmentation plan that will replace water that is to
be used by the development with augmentation water that re-enters the stream either (1)
1 Fonnatted: Bullets and Numbering ]
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upstream of the development, or (2) at the same point of diversion employed by the
development (that is, bringing "wet water" to the County). or (3) downstream of the
develocment. but still uostream of the in-stream deoletion areas in Pitkin Countv.
./ Staff recommends that the P&Z and BOCC adopt the following amendment to Sec. 6-60-
20(b)(2)(a), Standards For Scoring Applications For Commercial And Tourist Accommodations
Allotments - Site Design:
(a) Site Design
Considering the quality and character of the crocosed site clan. includina but not limited to the
following elemen~
Quality and character of the proposed landscaping and open space areas;
Degree to which natural vegetation is preserved;
Provision of pedestrian amenities (paths, sitting areas, and outdoor recreation areas...
construction of connection to existina trails or walks) that enhance the design of the
development and provide for the needs of customers and employees;9_ _ _ _ _ _ _ _ _ _ _"" _ _. ~ - .'
Provision of automatic in-around irriaation systems for all landscaoed areas that reauire
irriaation'
5. Use of reclaimed arev water for landscaoe irriaation'
6. 100% balance of cut and fill on-site'
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3.
4.
7. Orientation of develocment to accommodate active solar aain: and
8. Orientation of site to accommodate oassive solar oain'
~---
./ - StaJr;'ecommends thatthe-P&Z andBOCCOdop-t th-e!olloWtniamendment to Sec: 6-60-- - - - - --
20(b)(2)(b). Standards For Scoring Applications For Commercial And Tourist Accommodations
Allotments - Parking and Circulation, to eliminatefire and emergency vehicle access needs as
scoring criteria, given that this is a standard that must be addressed pursuant to other Code
standards:
(b) Parking and Circulation
Considering the quality and efficiency of the internal circulation, parking lot design, trash areas,
service vehicle access, loading areas, and snow storage areas. Considering whether design
features have been proposed to screen parking and service areas from public views.
Considering whether the design avoids the potential for conflicts between vehicle circulation and
pedestrian circulation areas, or between vehicle circulation, vehicle parking and service loading
and delivery areas':"9__ _ _ _ _ _ _ _ _.. _ .. _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ _. _ _. _ _ _ _ _ _ _ _ _ _ __
12. Holy Cross Technical Corrections: Holy Cross Energy reviewed the draft code and made several
suggestions of a technical nature. Staff has incorporated these suggestions except for the request that
Major Public Utilities be allowed as a Special Review Use in all zone districts. Staffhas added this
use as a Special Review Use in all zone districts except Rural Remote and TR-l and TR-2. Holy Cross
has been notified of our actions in case they want to appear at the Public Hearing. (See Attachment H
-letter from Walter Dorman). Staffrecommends that the P&Z and BaCC approve thefollowing
amendments:
"' Delete Sec. 4-30-30(E)(2):
10
_ ~ -1 Deleted: ofthe prnposedSite Plan
-{ Deleted: and
-. Deleted: Extent to which proposed
landscaping will consist of lower
water-use plant materials and will use
chemical free landscape maintenance
techniques.lI
Deleted: and whether adequate
provision has made fur fire protedion
vehicle circulation and other
emergency vehicle access needs.
[RevisedJ
\\
.
.
.
I.
- -;- - A;'~~J See: 7-50-20(1<;: - - - - - - - - - - - -
(k) Location of Service Lines
(1) New electric power lines under .J.2..KV and extensions of existin.s; electric power lines under .J1.KV
shall be installed underground and shall be installe<f m ili-e -nghts:Qf-way of neW or- approved roads-and - - --,." ~'
driveways to the maximum extent feasible. All related utility facilities shall be placed underground, ~
except for those exempted below.
./' Delete/Amend the folJowing from Sec. 11-10, Definitions:
~AJOR UTILITY LINES means an electric utility line with cayaci!y over 115KV, or_ a water or sew!!:r line _ _ - ~
more than-tWelve (f2) inches -in diameter. [New] - - - - - - - - - - - - - - - - - - - - - - - - - "
,
,
,
,
,
PUBLIC UTILITIES, MAJOR, means a public utility facility typically serving a significant subarea of the
County that normally requires the construction of new buildings or structures, and that often has
employees at the site. This use includes, but is not limited to, the following types of uses as defined or
referred to in C.R.S. 24-65.1-104: domestic water and sewage treatment system; transmission line,
power plants, or substations of electric utilities (excluding distribution lines,); and p!pelines and stora...ge
areas of utilities providing natural gas or other petroleum derivatives (other ~than pipelines providing -,
services to no more than ten (10) single family dwellings). Major utility facilities have potentially
significant impacts on an area of the County virtue of their appearance. noise, size, traffic generation,
externalities, or other operational characteristics. Specific uses include, but are not limited to (1) Activities
related to the construction of any electric power line over one hundred fifteen (115) KV; (2) Activities
related to the extension of domestic water and sewage treatment systems to any area that previously did
not have such systems; and (3) Water transmission, storage, or distribution systems. [New]
./ Amend Table 4-1 to include "Public Utilities, Major' as a special review use in the SKI-REG, R-30,
R15, R-15A, R-5, VR, MHP, AH, AH-PUD and T zane districts.
13. Floor Area Limitsfor Substandard Sized Lots in Non-FAR Zones: The BOCe directed staff to look
in to a system by which existing substandard sized lots (lots smaller in size than the minimum lot size
allowed by the zone district) might have a floor area limitation proportionate to the lot size. This was
studied by staff. It is extremely difficult to come up with an "equitable" system due to the broad range
of circumstances. Staff will continue to consider this concept, but has nothing to present for
consideration at this time.
14. Wildlife Habitat Areas - General Buffer Standards (See. 7-20-70(d)): Jonathan Lowslcy has
requested a minor revision to Section 7-20-70(d) to add the Colorado Division of Wildlife as an
Agency that may suggest a modification to a buffer standard. The Buffer Standards establish
requirements for buffirs between proposed structures and various types of wildlife habitat, such as
critical wildlife habitat. severe winter range and winter concentration areas for big game species. As
the DOW is typically the County's professional referral agency on wildlife matters, Staffbelieves this
language is appropriate, and recommends that the P&Z and RaCe approve the revision to Sec. 7-
20-70(d) asJallows:
(d) General Buffer Standards
Structures located near wildlife habitat shall comply with the following standards for maintaining buffer
distances, unless (i) Pitkin County or the Colorado Division of Wildlife suggests that a different buffer is
necessary due to unusual wildlife factors and the altemative is approved through the Site Planning
process, or (ii) the parcel in question is too small to accommodate the required buffers, in which case the
buffers shall be provided to the maximum extent feasible. [New]
11
Deleted: (2). ACTIVITIES OF
STATE INTEREST. 'I
Any Minor Public Utility that is listed
as an Activity of Local and State
Interest in Sec. 2-40-120 shan comply
with all applicable requirements for
thai use.~
Deleted:
Deleted:
Deleted: MAJOR FACILITIES OF A
PUBLIC UTILITY means:'ll
A. . Central office buildings of
telephone utilities;1\
B. Transmission lines, power plants,
and substations of electrical utilities;
andll
\ C. Pipelines and storage areas of
\ utilities providing natural gas and
\ other petroleum derivatives.lI
Deleted: 230KV
Deleted: providing services to more
than ten (10) single famHy dwellings)
\'v
(7) CRITERIA FOR CONSTRAINED SITE TORS
(b) The lot or parcel shall be located in a zone district other than the RR. TR-1,,J"~.:2 VR VC SKI- _ _ _ - .1 Deleted: or
REC MHP AH AH-PUD RS-G 81. 82. P-I or T zone districts. and shall be undevelopable or
severely restricted pursuant to this land Use Code. Both the availability of Constrained Site
TORs and the amount ofTDRs to be awarded, if any, are discretionary with the Board, and shall
be considered pursuant to Sec. 6-7D-20(a}.
(c) The determination that a property is constrained pursuant to this section is merely a procedure
to allow the Board to consider granting a TOR at the request of a property owner, and shall not
be considered a final decision as to the beneficial. productive, and/or economically viable uses
that may be available to the property.
CRITERIA FOR V1SUALL Y CONSTRAINED SITE TORS
(b) The lot or parcel shall be located in a zone district other than the RR TR-1 TR-2 VR VC SKI-
REC. MHP AH AH-PUD. RS-G 81. 82 P-I or T zone distric~. and shall be determined by the
Community Development Department to be visually constrained because development would
severely impact or destroy a Scenic View Protection Area, and the Board of County
Commissioners shall confirm that determination. The availability of a Visually Constrained Site
TDR(s) is discretionary with.the Board, and shall be considered pursuant to See, 6-70-20(a).
(e) The determination that properly is visually constrained pursuant to this section is merely a
procedure to allow the Board to consider granting a transferable development right at the
request of a property owner, and shall not be considered a final decision as to the beneficial,
productive, and/or economically viable uses that my be available to the property.
15. Institute (See. 4-30-30(c): Atfirst reading the HacC approved the elimination of "institute" as a
special review use in thefollowing Rural Area zone districts: AR-2, AR-JO, RS-20 and RS-30. The
published draft reflec/$ this change in Table 4-1. Staffrecommends that the P&Z and HaCC approve
an associated revision to Sec. 4.30-30(c) asfollows:
(b) Institute
J_n _tIJ~ ~rp~r] !,':.e~!,_a_~~ ~~I~ss th~ Pr.9Pl!:t!YJ~ ~~t~<! ~ _8 }~_-~ ~o_n~ 2Ls~ri2l.! !h~ _n:!a_xl"'!u_1l!. ~i;~ ~t8_I~t_o! _ :,_ _ - -
parcel containing an Institute shall be five (5) acres, and the maximum size of a structure containing an I
Institute use shall be the same as for a single family dwelling in the zone district where the lot or parcel is \
located. Within the P-I zone district, larger parcels and structures may be permitted pursuant to the '
Master Plan.
16. Criteria for Conslrained Site TDRs and Jlisually Constrained Site TDRs (Sees. 6-70-40(a)(7) and
(8): The originally approved constrained site TDR provision specified thatlotslparcels in the RR,
TR-J and TR-2 zone districts were not eligibleforconstrained site TDRs, as lotslparce/s in those zone
distn'ct are already eligible sending sites. The originally approved visually constrained site TDR
provision specified only that lotslparce/s in the RR zone districts were not eligible for visually
constrained site TDRs. It is staffs opinion that there are additional zone districts that should be
excluded from eligibility for constrained and visually constrained site TDRs, given that properties
within these zone districts are either developable or not within scenically sensitive areas, and,
therefore, are not consistent with the intent of the constrained/visually constrained site TDR
provisions (VR. VC. MHP. AN. AH-PUD. HI. H2. poI. T). and/or that/hat/he intent of those zone
districts is not consistent with the intent of the constrained/visually constrained site TDR provisions
(SKI-REC and RS-G).
(2)
I
17. ConJUct with State Law (See. 1-90-30): The County Attorney recommends that the P&Z and DaCC
delete thefol/owing sectionfrom the LUC
12
,
,
,
,
,
,
,
,
,
,
,
Deleted: <#>In the Ruralal'lIa, and
unless the property Is located in a P-I
zone district, the maximum size of a
lot or parcel containing an Institute
shall be ten (10) acres, and the
maximum size of a strucbJre
containing an Institute use shaD be
the same 85 for 8 single family
dweUing in the zone district where the
lot or parcel is located. Within the P-I
zone district, larger parcels and
structures may be permitted pursuant
to the Master Plan.'
fonn8ttecI: Bullets and Numbenng
\;
.1
I
.
.
~I5e~eiop~;nt E;X;;ct{on and impact Fee Determinaii~,;s =- RejumJ ~f Fees (Sec. -i40-- j fOrd)): - The - - - -
County Attorney recorrunends that the P&Z and BDCC delete Sec. 2-40-/20(d) from the LUC:
"J 9. -viOlations; i:;'jorcement- and Penalties (Chapter j 0):- The C~unty Attorney's -Office anc[ e;m';;unity ':L\ \
Development Department Staff recommend that the P&Z and BOCC approve thelollowing ~ \ \
amendments to Chapter 10 /0 bring Enforcement, Penalty and Inspection procedures up to date I \ '
relative to State Statutes, and to acknowledge the existence of the Pitkin County Code Enforcement ~ \ \
Officer: ~ \ "
, "
, "
, ,
, ,
,
,
The Chief Building Official... the Community Development Director,,"- and the Pitkin County Code I
Enforcement Officer are hereby- deleg-ated.the p~~~r_tc> e_nfo~c-e-~~i~\ancj Use Cod~ ~~~ th~ &:Iciop~ed-', II
building code, including without limitation any condition imposed on an approval under either code, ...and '. II
may use any remedies established in this Chapter 10 or other aoolicable law. - ';, I
II' I
)!'
11,1
,,,1
1.,1
"LI
~ I
, ~'r I
I'" ~
10-30: ENFORCEMENT PROCEDURES
10-30-10: NOTICE OF VIOLATION
Whenever the Chief Building Official" th,e. 90mmunity Dev_~I.oP'!l~':lt_ Qi~epto~ or the Pitkin County Code
Enforcement Officer has personal knowledge of any violation of this land Use Code, such person shall
give written notice to the violator to correct or cease and desist from continuing such violation. An
immediate order to cease the violation may be issued, but in no case shall a correction period of longer
than thirty (30) days be granted unless the Community Development Director approves a longer time
period. [Existing}
10-30-20: CRIMINAL ENFORCEMENT
(a) Should the violator fail to correct the violation within the required time period, the County Chief
Building Official or the Community Development Director, as appropriate, may request that the
Pitkin County Sheriff jssue a summcms ~n_d (;Or~plaint.to ~,e v.iolator, stating the natuJe. of !he.
violation with sufficient particularity to give notice of said charge to the violator. The summons '\
and complaint shall require that the violator appear in county court at a .5oecific ti.~e_ C!n_d__J:!.I<!c:.e _',
stated therein to answer and defend the charge. One copy of said summons and complaint shall '
be served upon the violator by the Sheriff in the manner provided by law for the service of a
criminal summons. One copy shall be retained by the Sheriff and the Community Development
Director or the Chief Building Official, and one copy shall be transmitted by the Sheriff to the clerk \",
of the combined courts.
(b) It is the responsibility of the County Attorney, at the request of the Board of County Commissioners,
to bring any criminal and Dr civil enforcement action.
[Revised]
10-40 PENALTIES
Any person convicted of violating any provision of this Land Use CodE\: Ls ~9.uilty _of ~ _misdemea!.1Qr_ ~nsf_
upon conviction thereof shall be punished by a fine of not more than one hundred dollars ($10m ), or ~y "
imprisonment in the County jail for not more than ~ _d!lys----' p~ ~~ ~~tb ~~c_h f~e and I~P!~C!l'!flJ~n~. _' ,
Each day during which such illegal erection, construction, reconstruction, alteration, maintenance. use or
other violation._C9~~n!J~~ _~~aJJ_b_e__ ~e_e_rn_~9 a. ~ep~~ate ~ffe_n~e.. __ I~i~ _section shall not b~ _ir:!t~rpre.~~d_ t~_
authorize any penalty in excess of that authorized by Colorado law. '
Pursuant to Q 3D-28M124.5 C.R.S.. as amended anv cerson violatina anv orovision of this Land Use
Code is subiect to the imoosition bv order of the county court of civil oenalties in an amount of not less
than two hundred frftv dollars ($250) and not more than five hundred dollars ($500). Each dav after the
_ - - Deleted: <#>CONFLICT WITH
STATE LAW1
Where there exists a conflict between
any limitation or requirement in this
Land Use Code and any applicable
limitation or requirement contained ...
Colorado law or regulations, the
provisions of this Land Use Code
shall prevaU unless a decision of the
Colorado courts has detelTTlined that
the state of Colorado has effectively
pre-empted local regulations in that
area.'"
Fonnatted: Bullets and Numbering
Deleted: <#>Refund of Feesll
<#>SEVEN- YEAR LIMIT,.
Fees collected pursuant to this
provision, including any interest
eamed, shall be retumed to the thenM
present owner of the property for
which a fee was paid If the fees have
not been spent within seven (7) years
from the date the fees were paid,
unless the Board shall have
ealTTlarked the funds for expenditure
on a specific project, in which case
the Board may extend the time period
by three more years. [RevisednJ
<#>WRITTEN REQUEST'll
To obtain the refund, the present
owner must submit a written request
to the Fee Administrator within one
(1) year following the end of the
seventh (7) year from the date
payment was received. [Existingnl
" ~;:', ; <#>PA YMENTS DETERMINED 1
", Forthe purpose ofttlis section,
, 'i' I payments collected shall be deemed
',',~:, ~ spent on the basis that the first
I payment in shall be the first payment
',~I:'1 out. [Existingnl
<#>REFUNDS FOR EXPIRED
PERMIT81
Any payment for a project for which a
building permit has expired, due to
non--commencement of construction,
may be refunded if a request for
"" refund is submitted to the Fee em
Fonnatted: Bullets and Numbering
',I"
\, "I Deleted: and
',i'
, ,\; Deleted: with
'"
" Deleted: as provided in this chapter,
Deleted: or
"
',f'
"I'
11"
\ .~"
,il
',;,tl,
I, ;~', i
1,;1
Deleted: this land Use Code
Enforcement Officer
Deleted: definite
Deleted: . as adopted and amended,
Deleted: six hundred dollars ($600
Deleted: ninety {gO
Deleted: use
Deleted: .
13
,q
issuance of a court order durinc which the iIlecal activity continues shall be deemed a seoarate violation
and shall be subiect to a continuina oenaltv in an amount not to exceed fifty dollars (SSm for each such
dav. Such civil Denalties mav be imoosed in addition to anv criminal oenslties authorized bv this section
and. 30-28-124. C.R.S.
10-50 INSPECTION
The Chief Building Official, County Code Enforcement Officer, and the Community Development Director
are hereby authorized to inspect any lands, buildings, or improvements to determine if there is
compliance with this Land Use Code or the adopted building code. Any official oerformina such an
insoection shall abide by Jhe laws of search and seizure as set forth by Federal and State statutory and
constitutional law. rExisting]
1 Deleted:
2JLRevisions to the Published LUC: In addition to the specific actions made by the RaCe atfirst .- - - i Formatted: Bullets and Numbering
reading, staffhas revised related code sections/or consistency with the direction o/the RaCe. StafJ
also made clarifications and corrections to the text where mistakes existed. Staff is requesting that the
P&Z and ROCC acknowledge these revisions in the draft presented/or second reading. In addition,
staff requests that the P&Z and ROCe give clear direction to continue to make such revisions and
bring them back to the ROCe atfinal adoption.
ll.......Application Manual (Submission Requirement): RacC directed staff to prepare the submission ...- - - -{ Fonnatted: Bullets and Numbering)
requirements document. to be ready to use when' the LUe is adopted. An 80% complete draft is
attached/or your review (Attachment I). The action approved by the Boce atfirst reading was:
"Submittal requirements for land use applications will not be included in the Land Use Code, but will
be memorialized in a separate document. Amendments to the Administrative Document will require a
30-day public notice to allow the public to comment on the amendments. After 30 days, the
amendments will be placed on the consent agenda of a regular meeting 0/ the ROCe, unless
objections to the amendments have been raised, in which case the ROCC will discuss at a regular
meeting". Staff assumes that the initial document, while administrative, should be adopted in a
public process. StafJrecommends that the P&Z, RaCe and Public review the attached draft
Application Manual. The final draft will be presented and reviewed with the adoption of the Land
Use Code.
14
\'
.
DISCUSSION ITEMS
1. Water Depletion Area Maps (See. 7-50-20): The BOCe instructed staJJto bring back a map
outlining the areas where surface or groundwater depletion/recharge issues exist, which are the
areas where the County may require additional water supply information. The Pitkin County
Hydrologic Systems Analysis Study Area maps are attached (Attachment J). Staff recommends that
the P&Z and BDCe adopt the maps and amend Sec. 7-50-20(b) althe LUe /0 include reference to
the maps, asfallows. In addition, staff recommends further modification of Sec. 7-50-20(b)(3) in
order to address subdivision exemptions that create new lots, as staff believes it was the intention of
the BOCC to review all newly created lots.
7-50-20: WATER SUPPLY AND DISTRIBUTION SYSTEMS
(a) Applicability
The standards in this section are applicable to aU water supply systems and all water distribution systems.
[Existing]
(b) New Water Rights
(1) If a proposed activity or development is not required to connect to a public water system pursuant to
subsection (d) below and proposes to rely upon use of newly appropriated water rights or the change
of existing water rights, adequate evidence of water rights availability shall be required. Such
evidence shall demonstrate adequate water rights to meet needs for domestic water, irrigation water
as applicable, and water for fire protection purposes. [Revised]
(2) Regardless of whether a property is located in a subdivision or is a metes and bounds parcel, all
applicants for building permits for dwellings shall be required to show proof of adequate water supply
(in terms of both quantity and availability) for domestic and fire protection purposes, and for irrigation
purposes, if applicable. Such evidence may include a well permit and pump test. In any area of the
County with mapped surface or groundwater depletion/recharge issues as shown on the adooted
Pitkin Cauntv Hydrotoaic Systems Analysis Study Area Maos, the County may require an applicant
to provide additional information (e.g., a hydrogeologic analysis, pumping data from nearby wells)
sufficient to demonstrate the adequacy of the property's water supply.
. I (3) In all cases, at the time of conceptual submission application for a subdivision or Boolication for a
subdivision exemotion for fullv develooed lands or seoaration of substandard size lots, proof of
adequate water rights (in the form of a final judgment and decree of water rights, including a final
augmentation plan, if required, from an appropriate Water Court) shall be required. [New]
2. Scenic View Protection Mapping (See. 7-20-120): Atfirst reading the BOCC added to the iist of
areas that would be mappedfor scenic view protection and directed staff to provide mappingfor
these areas at second reading. The existing mapping only includes Brush Creek Road, State Highway
133 adjacent to Redstone, and portions of State Highway 82, Capitol Creek Road and Snowmass
Creek Road. Staffhas updated the mappingfor the existing mapped roads to include areas not
previously mapped and has prepared new mappingfor the additional roads listed in Sec. 7~20-
120(b)(1) (Fryingpan Road, "Castle Creek Road, Maroon Creek Road, West and East Sopris Creek
Road, Owl Creek Road, McLain Flats Road, Lower and Upper River Roads, Woody Creek Road).
Maps will be presented at the meeting and/or can be reviewed in the Community Development
Department prior to the meeting. In addition, staffhas proposed additional revisions to Sec. 7-20-
120(0) in order to clarify the intent to provide scenic view protection throughout the County. Please
note that the published version of the Code includes thefollowing language:
15
.
) ~
"For the purpose of this section, visible means that a structure or use is discernable to the naked eye
from the designated roadway. "
Staff recommends that the P&Z and BOCC adopt the scenic view protection maps and the/allowing
revisions to Se<:. 7-20-120(0):
(a) Intent
The intent of this Sec. 7-20-120 is:
(1) To establish a Scenic View Protection Area that includes lands that are proximate to and most visible
from specific roads in the County, with specific concerns for the areas that constitute the visual
entrance "image" and passage through Aspen and Pitkin County as welf as views of ridgelines from
those roads.
(2) To maintain a natural ridgeline silhouette against the sky and to steer development away from J .
ridgelines throughoutJh~ Ce~n_tx.. ,!s..:. vJ~~e~ Jr_o~ru~_u_blic_ rp~qy'!:a"y_cp~Ld~~:.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ ~ -I Deleted. the Rural Areas of
(3) To insure that new development in the Rural Areas is designed and located to complement the
natural landscape and the natural features within the public viewplane in order to achieve an
aesthetically pleasing, rural atmosphere.
I (4) To reduce visual damage to the natural landforms and views throughout,J:h_e_Ql:?.u.!l!Y.:. _ _ _ _ _ _ _ _ _ _ _ ~ _ -1 Deleted: Rural Areas of
3. Vertical Stream Setbacks (Sec. 7~20-80): Atfirst reading, the BOCC directed staff to research
vertical stream setbacks. Our consultants noted that they had never heard of this practice in other
communities and did not know of any regulations of this type. Extensive web research indicated several
methods of developing buffers from streams (fixed setback numbers, variable measurements and very
scientific calculations based on soil and vegetation types). The most accurate way to ensure adequate
setbacks (buffirs) from waterways and riparian habitat is a site-specific analysis. Perhaps in the fUture
we can use local studies to determine the appropriate buffersfor each segment of the Roaring Fork River
and its tributaries. Literature suggests that if a fued number setback is used, 100 feet is appropriate
regardless of slope variations.
At first reading the BOCC determined that the increase from a 20/00t setback to a 50 foot setback was
appropriate. After a great deal of research, staffbelieves that this is the minimum setback/buffer that
should be allowed in Pitkin County regardless of vertical slope considerations. Thus staff recommends no
changefrom the action taken atfirst reading.
In order to ensure that the LUC is peifectly clear relative to these buffers and setbacks, staffrecommends
that the P&Z and BOCC approve the/allowing amendment to Sec. 7-20-80 to include the designation 0/
riparian habitat and wetlands for setback purposes. In addition, staff recommends that Table 7- J, Review
Requirements for Activity Envelope and Site Plan Approval, be amended to include "Riparian Areas"
with "River and Stream Corridors and Wetlands ".
16
\"
.
.
.
Each Site Plan shall identify each of the following features on the property.
(a) M81ue linen perennial streams shown on U.S. Geological Survey maps of the area; and
(b) Intermittent streams or streambeds known or apparent from field study, with the exception of
man-made waterways such as ditches and water feature~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - --{ Deleted: .
(e) Rioarian habitat' and
fdJ Wetlands. .. - - - i Formatted: Bullets and Numbering
7-20-80: RIVER AND STREAM CORRIDORS AND WETLANDS
(a) Riparian and Wetland Areas and Buffers
(1) PROTECTED FEATURES
(2) MINIMUM SETBACKS
All activity and development after the Effective Date shall maintain apuff~r _of ~tJ~a_s~ ~f!y _(~OJ f~eJ _ _ _ _ _ - -{ Deleted: riparian area/wetland
from the identifiable high water line of each feature identified in subsection (1) above. All activity and
development existing on the Effective Date (i) shall maintain apuffE!r_ol ~t)~<!.s! ~f!yj50) fE!~t!rP1!' _ _ _ _ _ - --{ Deleted: "paMn arealwetland
each feature identified in subsection (1) above to the maximum extent feasible, and (ii) shall not be
extended or expanded further into such fifty (50) foot buffer area. [New}
In addition, staffrecommends that the P&Z and BOCC adopt thefollowing amendments to the
definition of High-Water Mark in Sec. 11-10:
HIGH-WATER MARK means, in the case of a creek, stream or river, the waterline at the point of change
from aquatic to terrestrial vegetation, or the high waterline of a stream discharge with an average
recurrence interval of ten (10) years. or at the delineation line of rioarian habitat or wetlands whichever is
areater.
4. Replacement of Non-Conforming Structures (See. 9-50): Staffwas asked to codify the current
practice, which allows non-conforming structures to be replaced or added to in the same
configuration as long as the non-conformity is not increased in any way. There should be discussion
as to whether that practice should be continued for replacement of a non-conforming structure that is
wi/lfu/{v destroyed or demolished by the owner. Staffrecommends that the P&Z and BOCC approve
the following revisions to Sec. 9-50:
9-50 REPAIRS, RESTORATION. RECONSTRUCTION. REPLACEMENT. REMODEL. ..
ADDITIONS. AND ALTERATIONS OUTSIDE THE VC AND VR ZONE DISTRICTS
9-50-10 GENERAL
Any legally created non-conforming $JI}I~~':.e_.,[TIa':l be !~s!o!~d reoaired reconstructed reolaced,__
remodeled or added to subject to compliance with the standards in this section, [Existing]
9-50-20 RESTORATION WITHOUT SIGNIFICANT CHANGES
A non-conforming use or structure may be restored without significant changes subject to the compliance
with the standards in this section. [Existing}
(a) Building Permit
A building permit for reconstruction must be issued within two (2) years of the date of demolition or
destruction, whichever occurs first. The Board may approve an extension to the deadline if a development
application is submitted and approved according to the procedures and conditions outlined in Sec. 9-50-
30. [Existing]
17
"I Formatted: Bullets and Numbering 1
Deleted: use or I
Deleted: that is demolished or ].
destroyed
..[ Formatted: Bullets and Numbering]
\g'
(b) Conformance with Old Building or Use
The proposed building restoration must conform in terms of use, number of dwelling units. configuration
and area and bulk to the building that was partly or fully demolished by the owner or that was destroyed.
The restoration may include insignificant modifications to the original design if the Community
Development Director finds that such modifications are necessary to allow the use or structure to meet
basic life. health, and safety standards of the adopted building code. [Existing]
Ic) Restoration. ReDair. Reconstruction. ReDlacement. Remodel. and Additions to .
Leoal Non-conforming Structures
A leasl non~conformina structure may be exoanded reoaired restored reconstructed reolaced or
remodeled as lone as the activity does not increase the non-conformitv. Prohibited enlaraement of the
non-conformitv shall include but not be limited to: exoansion of the floor area where the floor area for the
zone district has been exceeded' exoansion of the structure in to the setbacks includina an increase in
the mass of the existina structure within the setbacks. exoansion of the structure into any other area
where the develooment standards or the buildina codes orohibit develooment.
9-50-30 RESTORATION OR EXPANSION OF NON-CONFORMING USE OR
STRUCTURE WITH SIGNIFICANT CHANGES
The Board of County Commissioners may permit modifications to a non-confonning use or structure that,!:."
do not meet the standards of Section 9-50-20 subject to compliance with the standards in this section.
[Existing]
(a) Adverse Impacts and County Land.Use Policies
The Board of County Commissioners finds that any adverse impacts of the non-confonning use or
structure on the neighborhood or the County as a whole and any inconsistencies with County Land Use
Policies in Chapter 2 to be tolerable. [Existing]
(b) Consistency with Master Plans
The use or structure is generally consistent with adopted master plans for the area and adjacent land
uses. [Existing]
5. Expansion of Existing Civic and Institutional Uses (See. 9-50-30(e)): On first reading, the BOCC
approved revision of this section pursuant to include criteria drafted by Herb Klein. These revisions are
shown on the published version of the LUe. Staffrecognizes that the criteria provide more specificity,
but is concerned that as drafted the criteria are too limiting to make this a viable option for existing civic
and institutional uses. Staff has received comments from the public (see AttachmentsKl &K2). Therefore.
staff recommends that the P&Z and BaCC adopt thefoilowing amendments to Sec. 9-50-30(e):
18
~tted: Bullets and Numbering
.. - - - -1 Formatted: Bullets and Numbering )
.j Deleted: ,
\"
.
.
.
(e) Existing Civic and Institutional Uses
Existing, legally established civic and institutional uses that are non-conforming shall be allowed to
remain as non-conforming uses, and the SDCe may permit expansion and redevelopment of such uses
by special review, subject to satisfaction of each of the following criteria:
(3) At the time the use of the property was established such use must have been legally created and in
substantial conformance with the land use approvals granting such use (if any); and
The proposal for expansion or fe-development of structures shall be consistent with neighborhood
master plans and shall not change the character of the immediately adjacent neighborhood nor
increase the impacts of the use on either the surrounding neighborhood or the master plan area; and
(5) The applicant has demonstrated that the expansion or re-development is the minimum development
necessary to sustain the operatio~.?nq _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ _ _ ~ _ ~ ~ _ _ _ _ _ _ ~ _ _ _ __ _ _ i Deleted: atlllBsonable
In no event shall there be:
(a) Any increase in the floor area of more than a cumulative total of 20% of the existing developed
floor area of the property;
(b) Any change in the primary developed use of the property, except that accessory uses may be
approved which do not create impacts to the immediately surrounding neighborhood in addition
to any impacts created by the primary developed use and which accessory uses do not utilize
more than~ot t!l~ f1Qo_r _a~e_a _of th~ prim~l)'_ u_s~._ _Qn~ !~~ic!e_n~C!1 lJnit for a~ Q~-~i~e_~~e_tc!k~~ _ _ _ - i Deleted: %
or property manager shall not be considered a change in use.
(c) Any increase in the number of free market residential dwelling units on the property; and
(d) Any increase in traffic impacts to the public roads serving the propertylhat are not ful!y _ _ __
mitigated.
(7) The applicant shall prepare, and the Board shall approve after first receiving a recommendation from
the P&Z, a site-specific master plan for the property. The master plan shall include plans for the
entire property and shall address, at a minimum. the following: Proposed revisions to the site layout
including architectural renderings, long term and construction traffic impacts, immediate and long
term employee limitations, change in the daily, monthly, yearly and special event volume of activity
on the property and permanent limitations on future development.
(4)
(6)
_ - - i Deleted: must be
~------------~
Deleted: <#>Addltionallllview
guidelines.on
<#>If the non-conforrning use did not
fully develop under its prior approvals,
then the standards and criteria set
forth in this provision shall be applied
to the actual development oftne non-
conforming use.on
<#>If the non-conforrning use has
been undertaken on two or more
properties that are not contiguous to
each other, then the standards and
criteria of this section shaH be applied
separately to each site through an
individual site impact analysis.'
19
7/D
Avril 12 Al!:enda
I. Open Public Hearing
II. Clarify the agenda and procedures for the next 2 days
III. Request for topics to be added by BOCC, P&Z and Public
IV. Consent Items
V. Discussion Items
./ Basalt Urban Growth Boundary - Floor Area Limitations
.,.. TDR Supply and Demand Analysis
.,/ Special Review for Use ofTDRs for Additional Floor Area
./ 1,000 Square Foot Growth Management Exemption
.,.. Lapsing ofBuilding&velopes
.,.. Special Review Uses in the Rmal Area
20
'V'
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.
.
DISCUSSION ITEMS
1. Basalt Urban Growth Boundary - Floor Area Limitation: The Basalt Planning Commission has
requested that house sizes within the Basalt UGB (within Pitkin County) be limited to 5,000 square
feet, which is the maximum square footage a/lowed within the Basalt town limits (See Attachment L-
letter from the Town of Basalt P&Z, particularly items 4,5 and 6).
Staff would note that Basalt has a very tight UGB area surrounding the actual town limits (See
Attachment L - map afUBG and Pitkin County areas within the VGR). Some afthese areas are
under consideration for annexation today. All althe County areas within the Basalt UGB are either
zoned AFR-IO or PUB. Staffsupports the Basalt Master Plan relative to the location afthe UGB and
supports the desire of the Town to maintain consistency with the size afhomes within the UGB.
Given that the Town and the County calculate floor area differently and to be consistent with our
standard growth management exemption, stafJrecommends that development within the Basalt UGB
not be allowed to exceed 5, 750 squarefeet offloor area, rather than 5,000 squarefeet as requested
by the Town. StafJrecommends that the P&Z and BOeC approve thefollowing amendments:
./ Table 5-1.A, Note 1 I. which applies in theAFR-10 zone district:
NOTE 11: For land Iocatad within the Frying Pan area, the maximum dwelling unit size shall be 4,000 sq. fl:..irJ!lJh..e-':.!Ielt~I__ _ - ~ Deleted:,
CreeklSnowmass area, the maximum dwelling unit size shall be 8,250 square feet" and within the Basalt Urban Growth Boundarv ~ - _
the maximum dwellino unit size shall be 5 750 SQ. ft. These maximums shall apply regardless of application for a GMOS allotment ' Deleted: and
for a larger area, and regardless of whether TDRs are purchased.
(b) TORs may be severed and sold from lands located within the CD-PUO designation under
Development Option 1. TORs available for sale shall be calculated at one (1) TOR for each
twen~ @) acres_ i!l~I~qe.9_.i~ _tt!e_ Q~slg.n!i~o_n1- ~':lt_ ~xpl!J~i!lg _~_eJ!.~t_o_n~ _h_uD~r~~ _sLx!YJ.!~QL_ _ -I Deleted: .frve
acres that are developed pursuantto the standards for Option 1. - - ~ i Deleted: 25
Sec. 3-70-40(h)(5)(a)
fa) TORs may be severed and sold from lands located within the CD-PUO designation under
Development Option 2. TORs available for sale shall be calculated at one (1) TOR for each
./ Sec. 3-80-JO(d)(35), special review uses in the PUB zone district
(35) Single-family dwelling units with a maximum floor area of 5 750 sa. ft..
2. TDR Supply and Demand Analysis: The initial TDR supply and demand analysis reviewed by the
P&Z and BOCC in January, 2006, has been revised to reflect changes made to the LUC by the ROCC
at First Reading. A revised analysis is provided in Attachment M.. As a result of this analysis and in
order to establish a better balance between the potential supply and demandfor TDRs that result
from the changes made atfirst reading, stafJ recommends several modifications as described below:
./ On the TDR Suvvlv Side: Increase the supply of potential TDRs by allowing 1 TDR per 20 acres
rather than 1 TDRper 25 acres to be severed and soldfromproperties that rezone to the CD-
PUD district. This has the double benefit of increasing supply and providing more incentive in
the form of more TDRs to those considering rezoning to CD-PUD. Staffrecommends that the
P&Z and BOCC approve thefoJ/owing amendments:
Sec. 3-70-40(g)(4)(b)
21
'J,.'1/
twen~. @L i!CIE!S i!l~I~c!e_d _ il] J~e~ ~~slg_n~tlo_n.!. !?~t excl!J~i~g ~h_e _ fl~t_ o_n~ _ h_u!lQreQ _sLX!Y _ U ~Q) _ _ _ - ~ Deleted: -fIVe
acres that are developed pursuant to the standards for Option 2. - - - Deleted: 25
./ On the TDR Demand Side: Decrease potential demand by eliminating the requirement that only
TDRs may be used to exceedjloorareafrom 8,250-15,000 sq. ft. Staffrecornmends that the P&Z
and BacC approve thefollowingamendments to Sec. 6-40~10:
(a) Allotment Types
The following types of allotments have been established:
(1) RESIDENTIAL DEVELOPMENT: NEW LOTS AND PARCELS
These allotments are intended to provide for the development of residential floor area.p_n~ _ _ _ _ _ _ _ _ _ _
(a) New subdivision lots or any other legally created lot or parcel determined not to have a
development right;
(b) Thirty-five (35) acre parcels that are located within the Crystal River or Frying Pan areas and
were created after January 10. 2000: and
(c) Thirty-five (35) acre parcels that are located within the remainder of unincorporated Pitkin
County and were created after June 12, 1978.
(2) RESIDENTIAL DEVELOPMENT: ADDITIONS
These allotments are intended to provide for the development of additional residential floor area in
existing dwelling units and related accessory structures. or for additional residential floor area in approved
dwelling units and related dwelling units beyond that obtained on a lot or parcel pursuant to Sec. 6-30 or
Sec. 6-40-10(bX1), Residential Development: New Lots and Parcels. See Sec. 5-20-70, Measurement
of Floor Area..._ _ _ _ _ _ _ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. Special Review for Use of TDRs for Additional Floor Area: At first reading, the BOee maintained
the current procedure for use ofTDRsfor additionalfloor area; simply stated, Special Review is
requiredfor metes and bounds parcels and is not requiredforlots in County approved subdivisions.
The Bace then directed staff to inventory the County approved subdivisions that do not currently
have FAR limitations or proposed caucus area limitations (i.e. subdivisions that could develop up to
15.000 squarefeet via use ofTDRs without Special Review). Stafffinds that there are a large number
of County approved subdivisions that would be able to develop up to 15,000 square feet without
Special Review. Many of these subdivisions contain small lots and are located in the Rural Area
(examples provided in Attachment N). Staff contends that it would be inappropriate for most of these
areas to develop to 15,000 square feet without some level of review and notification to neighbors.
Many of these older subdivisions have narrow roads and hazard concerns such as wildfire, which
could lead to emergency service access issues. Staffbelieves that these areas should be reviewed
pursuant to the Special Review criteria in order to obtain additional floor area via TDRs.
Additionally. most of these subdivisions are rural in character. The neighborhood Master Plans in the
Rural Area would like to maintain rural qualities (such as small roads. scenic standards, less
infrastructure, and less traffic). However, there are areas within Pitkin County where large homes
are consistent with the existing character of the area and stafffeels these areas should be allowed to
continue to develop in the same manner in which they have been developingfor decades. These areas
generally have adequate access to emergency services (they are within or are in close proximity to
UGBs), have larger lots and can accommodate larger scale development without the needfor Special
Review. (Scenic review may still apply based on location).
In addition, staff wanted to clarify that it has always been the intent NOT to require special review
for additional floor area within the Aspen Urban Growth Boundary.
__ __-{ Deleted: of up to 8.250 square feet
Deleted: In no case shall a
residential development allotment be
used to obtain residential floor area in
excess of 8.250 square feet.
22
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Dear Pitkin County Commissioners,
Page 1 of 1
Susan Murphy
ATTACriMEI\-; ~ I
From: Sue Helm [sue@helmgroup.com]
Sent: Tuesday, February 28, 2006 12:08 PM
To: Susan Murphy
Dear Pitkin County Commissioners,
At your February 21 land Use Code meeting a motion was passed incorporating some of Mr. Klein's language for
revisions to the non-conforming use regulations. It is my understanding that the category of 'institute' was
eliminated. Also contrary to the suggestion in Mr. Klein's memo 2.b., if two noncontiguous properties are involved,
consolidating the operation would decrease impacts in the area. Therefore they should be considered as one, not
separately as Mr. Klein suggests. I do not know if that was part of the motions and am not sure what technicalities
were included in that motion.
With that lack of specific knowledge, I can only request that you also ask your staff to look at the issue of
contiguous properties and at incorporating Mr. Malloy's suggestions to be included in the language of the non-
conforming section for second reading. .
As a general thought relative to the issue, there are three properties that fall within this general category in the
Snowmass-Capitol Creek Valley. Windstar/Rocky Mountain Institute and the Monastery have both preserved
large tracks of undeveloped land that could have been in the development pool. Without these Institutions and
large areas of open space, this valley would be a very different place.
Thanks for the consideration and for all the time and work that you all put inl
Sue Helm
2/28/2006
,'1
.
.
.
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.
I. '_ ,
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.,'~',~t:,\! J...--~
Ellen Sassano
From: Cindy Houben
Sent: Wednesday, December 28, 2005 9:00 AM
To: Ellen Sassano
Subject: FW: Are you sending us public( RMI) comments for the PII non conforming provisions of the LUC
revisions???
FYI
From: Tim Malloy [mailto:tgmalloy@sopris.net]
Sent: Tuesday, December 27, 20057:34 PM
To: Cindy Houben
Cc: Marty Pickett
Subject: RE: Are you sending us public( RMI) comments for the PI/ non conforming provisions of the LUC
revisions???
Hi Cindy! Marty and I have discussed this and our thought is that the non-conforming language doesn't
really work for us all that welL After discussing the language related to "institute" uses (special review
in the RS-20 arid RS-30 zone districts) with you and Ellen, we are more inclined to pursue that avenue.
We have also reviewed the growth management exemption provision for civic and institutional'uses and
find that the language currently contained in the draft Land Use Code works well for us. Our sole
remaining issue is that multi-family and duplex housing continue to be "prohibited uses in the RS-30
zone district. Since it does not seem appropl~ate to push for a change for multi-family housing in the
rural area, we are considering rethinking the housing portion of the proj ect to see if we can do a few
cottage-type units that would meet the definition of single-family housing. At tillS point, we believe
tilat tile current draft of the code provides us with a good avenue for the Windstar project and we are not
plmming to submit a letter of comment at this time. We plan to monitor the land use code adoption
process and comment in the event there aTe changes to the current language that might affect RMI's
plans for the Windstar property. I hope this makes your staff memo easier to prepare!
Hope you had a great Christmas! I actually got to ski yesterday (the first time in two years). I took
Katharine for her first skiing experience.. ..really fun!
Tim
From: Cindy Houben [mailto:cindyh@co.pitkin.co.us]
Sent: Tuesday, December 27, 2005 5:03 PM
To: Tim Malloy
Subject: Are you sending us public( RMI) comments for the PI/ non conforming provisions of the LUC
revisions???
12/28/2005
[1
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10
development of the non-conforming use.
b) If the non-conforming use has been undertaken on two or more properties that are
not contiguous to each other, then the standards and criteria of this section shall be
applied separately to each site through an individual site impact analysis. .
2
\ ,..0 ~
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.
February 23, 2006
Pitkin County Community Development Department
Attn: Ellen Sassano
130 S. Galena Street
3rd Floor
Aspen, CO 81611
BASALT
RE: Pitkin County Land Use Code Revisions
Dear Ms. Sassano,
Thank you for the opportunity to provide referral comments on the Pitkin County Land Use Code
Revisions. The Basalt Planning and Zoning Commission reviewed the code revisions at it
February 22, 2006 meeting and the Town of Basalt is supportive of these revisions. The key
issues and observations identified by the Town of Basalt thus far are noted below:
1. The proposed code reflects that the County has worked with Aspen and Basalt in
developing Urban Grow1h Boundaries (UGB). Intergovernmental Agreements between
the Town of Basalt and the County outline certain agreements and referral requirements
within the UGB and Three Mile Planning Area. Said provisions could be noted where
appropri'!tein the code. .
2. Areas with environmental constraints are receiving increased demarid for development.
Code amendments regarding development in these areas including steeper slopes, river
setbacks, and other environmentally sensitive areas deserve special, attention to ensure
that view planes and the environment are adequately protected. The Code amendments
establishing 'the river setback at 50 ft. are supported by the Town. .
3. The Town supports the Pitkin County Staff recommendation regarding the modification
of standards that would maintain life/safety issues as a priority.
4. In regards to house size, the Town's goal would be to ensure that the proposed code
provisions are consistent with the Town's Master Plan and vision for areas within the
UGB that are prime for annexation consideration.
5. TDR's for large homes and floor area increases should not be received within the
Town's UGB. This would currently affect areas immediately adjacent to Elk Run,
Souths ide PUD, and Highway 82 that may be the subject of future annexations (see
attached map).
6. House size limits within the Town's UGB for properties that choose not to annex to the
Town of Basalt should be capped at 5,000 total square feet consistent with the Basalt
Town Code.
. .
7. The Town supports provisions to protect view planes. Inclusion of areas visible from all
County roads in the Scenic View Plane Regulations will include several key areas within
the Town's Three Mile Planning Area (Frying Pan Road, East Sopris Creek, Emma
Area).
101 MIDLAND AVE. . BASALT, CO 81621 . 970-927-4701 . FAX 970-927-4703
rvl
If you have questions about the above comments or need clarification, you can contact the
Planning Staff at Basalt Town Hall, 970-927-4701.
iincerely,
Wi\~'~'--11~ h1A ./13
William C. Maron <'\ '~Q
Chair, Basalt Planning and Zoning Commission
CC: Basalt Town Council
Basalt Pianning and Zoning Commission
Bill Etling, Town Manager
^'
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