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Home My WebLink Aboutbocc.res.020.2006 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVlNG AN AMENDMENT TO THE BUTTERMILK MEADOWS LOT 2 SUBDlVISIONIPUD FOR FIRST TIME BUTTERMILK LLC Resolution No~-2006 RECITALS I. First Time Buttermilk LLC ("Applicant") has applied to the Pitkin County Board of County Commissioners ("BOCC") to amend the PUD Guide to allow up to 14,750 squarc feet of floor area, of which 4,000 square feet would be restricled to subgrade space and 750 square teet would be restricted to garage space. The PUD Guide limits Lol2 to 10,000 square feet of floor area bascd on the floor area definition in effect at the time of building permit application; tbe current definition counts subgrade and garage space towards the allowable floor area as the lot is within a zone district in the Urban Growth Boundary thaI does not have a floor area ratio restriction. 2. The parcel is located off of West Buttermilk Road, adjacent to the Buttermilk ski area, and is described as Lot 2, Buttermilk Meadows Subdivision/PUD. 3. The parcel contains approximately 9 acres, is zoned AFR-I 0 and is located within the Urban Growth Boundary. 4. The BOCC granted Conceptual Submission approval for the two lot subdivision/PUD pursuant to Resolution No. 98-153. The BOCC granted Detailed Submission/Final Plat approval for the subdivision/PUD pursuant to Resolution No. 232-2000. The Applicant agreed at Detailed Submission/Final Plat to limit the floor area of the lot to 10,000 square feet in exchange tor approval by the BOC'C to utilize the more permissive floor area definition that was in effect prior to the adoption of Ordinance No. 23-2000, which allowed up to 4,000 square feet of subgrade space and 750 square feet of garage space exempt from the calculation of floor area. The vested rights expired on November 15,2003. The BOCC granted a one year extension of vested rights pursuant to Resolution No. 008-2004, which expired on November IS, 2004. The Final Plat was recorded October 10,2005 in Plat Book 75 at Pages 99-100. The pun Guide was recorded concurrently as reception #516027. The Hearing Officer granted scenic overlay review approval for Lot 2 pursuant to Determination No. 01-2006. 5. The Applicant presented the draft Final Plat and PUD Guide to staff for review and approval in the fall of 2005. Given that the vested rights had expired, staff asserted that floor area would be calculated based on the definition in effect at the time of building permit application rather than based on the definition attached to the 2000 approval; the PUD Guide was revised accordingly prior to recordation. Therefore, the PUD Guide limits Lot 2 to a total of 10,000 square feet, including subgrade and garage space. 6. The Planning and Zoning Commission considered the application at a regular meeting on January 3. 2006, and recommended denial by a vote of 3-1. 7. The BOCC considered this application at a duly noticed public hearing on March 8, 2006, at which time evidence and testimony were presented with respect to this application. 1\ I~ '- II H. \[,I{.\\U ~~~)~\ 1~\1\L ~~~:;~~,;,." JAl;\ CE K VOS CAUD \ LL Resolution No. (jjJj20()(i rage 2 8. The BOCC finds that the agreement made at Detailed Submission/Final Plat approval to limit the 1100r area on Lot 2 10 10,000 square feet and allow exempt subgrade and garage space is still valid, and is consistent with the surrounding area. NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners that it does hereby approve the First Time Buttermilk LLC request to amend the PUD Guide for Lot 2, Buttermilk Meadows Subdivision/PUD to allow the floor area to be calculated based on the attached definition (Exhibit A), which allows 4,000 square feet of exempt subgrade space and 750 square feet of exempt garage space. The Applicant shall submit an amendment to the PUD Guide to the Community Development Deparlmenl for review. approval and recording. prior to submission of any building permit applications tor Lot 2. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 5th day of February, 2006. APPROVED this 8th day of March. 2006. ~.TT: C \jQ()Jt1l1 .~ Jeallt tte Jones cle0 to the BOCC APPROVED AS TO FORM: ..----~ ~ /---~/--- BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO /71!#~' Mick Ircland, Chair By Date .# /2(.-06 J APPROVED AS TO CONTENT: dAtA, R \ QJ\ JJl ;~" c tt . ldy Houben, Community Dcvclopment Director P249-05 1'10#273503402002 I I I III 522027 Page: 2 of 3 I . 03/22/2006 09: 41: JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 0 0.00 ~jO ~ ();~c-:') (i t& EXHIBIT A FLOOR AREA means the sum of the gross horizontal surfaces of each floor of a building or structure. In calculating floor area, the following rules apply: 1. General: In measuring floor area, all dimensions shall be taken from the outside face of framing or other primary wall members or from the center line of walls separating adjoining units ofa building or portion thereof. Veneer facadcs up to eight inches (8") in thickness shall be excluded fi'om the calculation of tloor area; that portion of a facade which exceeds eight inches (8") shall be included. Fireplaces, elevators. stairs and similar features are included in the floor area on cach floor. 2. Roof Overhangs and Decks: The floor area of a building, or portion Ihereof, not provided with surrounding exterior walls shall include the area under the horizontal projection of roofs or floors, when the roof or floor exceeds five feet (5'). These architectural projections are exempt for five feet (5') of the perimeter of each story of the structure. Architectural projections may project up to ten teet (10') and still be exempt, so long as the total perimeter space for a floor is less than or equal to the total area allowed for the five foot (5') exemption. This exemption cannot be used to transfer space between floors. 3. Decks, Balconies, Stairways and Similar Features: Structures that exceed thirty inches (30") 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 percent (15%) of the maximum floor area allowed. Any areas in excess of fifteen percent (15%) shall be counted toward floor area. 4_ Spaces Below Natural Grade for Principal Single-Family and Duplex Residences: Spaces below natural and finished grade, up to a maximum of twenty feet (20') in depth and which include no more than a single slory, arc cxcmpt from floor area calculation up to a maximum of four thousand (4,000) square feet of floor area. Floor area below natural and finished grade which exceeds the four thousand (4,000) square foot exemption provided herein shall count toward the calculation of allowable 11011r area. If any part of the below-grade space is cxposed above natural or finished grade (such as walk-out basements, walls or courts) the entire below-grade area shall be included in the floor area calculation; except that window wells and egress areas as required by Ihe Uniform Building Code may be provided without affecting this exemption. The foundation wall or footing may be exposed to the minimum degree required to comply with the Uniform Building Code pertaining to foundation design without affecting this exemption. Up to len percent (10%) of any particular below grade wall surface may extend above natural grade and sti II be exempt from the calculation of floor area so long as the finished grade covers the surface that would otherwise be exposed. Garages up to seven hundred fifty (750) squarc fcct Illay bc incorporated into below-grade space and shall not affect this exemption so long as the only sections of building so exposed are directly related to the garage structure. 5. Garages and Carports: For the purpose of calculating floor area ratio and allowable floor area for a lot where the principal use is a single-family residence, garagc and carport floor area shall be exempted up to a maximum of seven hundred fifty (750) square feet. On a lot which contains a duplex, garage and carport floor area shall be exempted up to a maximum of five hundred (500) square feet per side. All garage or carport space in excess of the exempted areas shall be included as part ofthe residential floor area calculation. When an existing legal single-family or duplex dwelling exceeds the allowed floor area, the exempt garage space shall be reduced by subtracting the excess floor area jrom the excmpt garage spacc. 6. Crawl Space: Crawl spaces shall be exempt trom the calculation of tloor area, even if exposed above natural grade, so long as the height of the crawl space does not exceed five feet six inches (5'6"). 7. Attic Space: That portion of attic space shall be exempt from the calculation of floor area, so long as the height orlhc attic space does not exceed five fcet six inches (5'6"). 1 ,. - ,n I, ,.,n. ""' -_..- ., . .n. I ___'- I. - JANICE K VOS CAUDILL PITKIN COUNTY CO 522027 Page: 3 of 3 03122/2006 09: 41, R 0.00 0 0.00