Mount Crested Butte
City Zoning Code
City Zoning Code
ARTICLE V
Design Review
21-299 Purpose.
In order to preserve the natural beauty of the town and to ensure that growth and development is in accordance with the wishes of the residents and property owners thereof and to obtain the following objectives, all earth work, new construction, exterior alterations or enlargement of an existing building or structure, fencing, or improvements of any open space, shall be subject to design review, taking into account the following concepts:
(a)
To prevent excessive or unsightly grading which could cause disruption of natural watercourses or scar natural landforms;
(b)
To ensure that the location and configuration of structures are visually harmonious with their sites and with surrounding sites and structures, and do not unnecessarily block scenic views from existing buildings or tend unnecessarily to dominate the landscape or surrounding area;
(c)
To ensure that the architectural design of structures and their materials and colors are visually harmonious with the town's overall appearance, with surrounding development, with natural land forms and with native vegetation;
(d)
To ensure that plans for the landscaping of open spaces conform with the regulations prescribed by this chapter, provide visually pleasing settings for structures on the same lot and on adjoining and nearby lots;
(e)
To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets; and
(f)
To minimize glare, light trespass, and light pollution; to conserve energy and resources while maintaining nighttime safety, utility, security, and productivity; and to curtail degradation of the nighttime visual environment.
(Ord. No. 12-07, § 1, 1-15-13)
21-300 Administration.
The zoning administrator shall administer this article. The zoning administrator is authorized to hire with funds approved by the town council one or more consulting architects, landscape architects, engineers, urban designers, or others to advise and assist the zoning administrator or planning commission in performing the functions prescribed in this article.
(Ord. No. 12-07, § 1, 1-15-13)
21-301 Approval required.
(a)
No earth work, new construction, exterior alterations, repainting, re-staining, reroofing, residing or enlargement of an existing building or structure, or fencing of improvements or improvements on any open space, shall be authorized or commenced until design review approval has been granted as prescribed in this article.
(b)
If in the opinion of the zoning administrator and the planning commission chairperson the proposed earth work, new construction, alteration, reroofing, residing, enlargement or improvements are minor in nature, design review approval may be waived and approval may be granted by the zoning administrator.
(c)
Re-painting and re-staining any existing building or structure may be approved administratively by the zoning administrator, provided the applicant selects colors and stains that are on the town's pre-approved palette of paint/stain colors. Any other color/stain selected by the applicant will require planning commission review and approval.
(d)
Any project or work requiring design review approval which is within the boundaries of the Mt. Crested Butte downtown development authority shall follow the design review policies and design standards of the Mt. Crested Butte Downtown Development Authority Architectural and Site Design Standards.
(e)
Any project or work requiring design review approval which is outside the boundaries of the Mt. Crested Butte downtown development authority shall follow the design review policies as prescribed in this article. If the project is part of an approved PUD, then the guidelines established within the PUD shall be followed.
(f)
Temporary structures and/or uses may be allowed by the planning commission for a period of up to 30 consecutive days subject to design review approval as described in this chapter. In these cases the zoning administrator may or may not waive the design review fee. Temporary structures and/or uses may be allowed by the town council subject to the granting of a conditional use permit by the town council in conformance with the provisions of Article VIII, Conditional Use Permits, of this chapter for a period more than 30 days but no more than 180 consecutive days. Temporary structures will not be allowed for a period of more than 180 consecutive days.
(Ord. No. 12-07, § 1, 1-15-13)
21-301.1 Pre-application conference with planning commission; required information, material.
The owner, or authorized agent, of any project requiring design review approval by the planning commission as set forth in section 21-303(b) shall submit to the zoning administrator on paper no larger than 24 inches by 36 inches the following materials and information:
(a)
A site plan, drawn at a scale of at least one inch equals 20 feet showing the location and dimensions of all structures and improvements, both existing and proposed, including all access and parking; existing and proposed contours shown at a two foot contour interval; the location of any Avalanche Zone District upon the property; proposed site configuration; drainage, both existing and proposed vegetation. The applicant may provide two sheets, one with existing site conditions and the other with proposed improvements, in order to more clearly present the information. The site plan must depict proposed structures conformance with all setback and height restrictions.
(b)
A survey of the property by a Colorado licensed surveyor, indicating the pre-construction topographic elevations within the site shown at a two foot contour interval and the height and location of all existing structures;
(c)
Conceptual architectural plans, drawn to a scale of at least one-eighth (1/8) inch equals one foot, of the elevations of the structure(s), with an indication of the materials to be used; and
(d)
A preliminary time schedule for completion of the project, including information on any intended phasing of the project.
After review, the zoning administrator shall, at his/her discretion, schedule a pre-application conference before the planning commission or with the zoning administrator alone. At the conclusion of the preapplication conference, conditions for the design to be met before the formal design review in front of the planning commission shall be outlined to the applicant. |
Action after a pre-application conference held before the planning commission shall be limited solely to the issuance of an excavation permit, at the discretion of the zoning administrator. |
(Ord. No. 12-07, § 1, 1-15-13)
21-302 Design review; required information, material.
The owner, or authorized agent, of any project requiring design review approval as set forth in this article shall submit to the zoning administrator on two copies of the following materials and information, unless in the opinion of the zoning administrator the materials or information are irrelevant to the proposed project:
(a)
A site plan, drawn at a scale of at least one inch equals 20 feet showing the location and dimensions of all structures and improvements, both existing and proposed, to include all circulation systems, both vehicular and pedestrian, off-street parking and loading areas, utility hookups and lines, and storage areas. This plan shall also show, at two foot contour intervals or less, the proposed site configuration and drainage; the location of any Avalanche Zone District upon the property; the location of existing trees, natural watercourses, rock outcroppings and other significant natural features; and a specific landscape plan. The applicant may provide two sheets, one with existing site conditions and the other with proposed improvements, in order to more clearly present the information.
(b)
A survey of the property by a Colorado licensed surveyor, indicating the pre-construction topographic elevations within the site shown at a two foot contour interval and the height and location of all existing structures.
(c)
Architectural plans, drawn to a scale of at least one-eighth (1/8) inch equals one foot to include:
(1)
Floor plans in sufficient detail to permit determination of whether all requirements of this chapter based on floor area will be met;
(2)
All elevations of proposed structures drawn as they will appear on completion. If more than one structure is proposed, a lower side site elevation showing the structures in relation to each other and significant site features shall be required;
(3)
One or more sections through the proposed structures indicating the existing and proposed ground lines. If more than one structure is proposed, an additional section cut through the entire site shall be required; and
(4)
One or more perspective drawings or a scale model which illustrates the overall appearance of the proposed project. Projects consisting of more than one structure shall be represented in their entirety.
(d)
All exterior surfacing materials and colors shall be specified, and samples of each, complete with proposed finishes, shall be submitted.
(f)
Projects which are proposed as phased developments shall indicate specifically those areas that will be completed with each phase. Projects shall be designed so that, if subsequent phases are not constructed, each individual phase will be a complete development meeting all applicable requirements for the zone in which it is situated.
(g)
The planning commission or zoning administrator may require the submission of additional plans, drawings, specifications, samples, reports, studies and other material if deemed necessary to determine whether a project will comply with the purposes prescribed in this chapter.
(Ord. No. 12-07, § 1, 1-15-13)
21-303 Approval procedure.
All materials to be submitted for design review shall be submitted to the zoning administrator, who shall, upon receipt of all required materials, check such materials for compliance with this article.
(a)
Administrative review and approval. All design review in the single-family residential areas of PUDs and the SFR zone districts shall be conducted by the zoning administrator who shall review the application against the design policies as set forth within this article. If the design of the building, development or project is found to comply with the purposes prescribed in this article, the staff shall approve such design. Any disapproval or request for changes shall specifically describe the policies or design guidelines with which the design of the building, development or project does not comply, and the manner of noncompliance.
(b)
Design review of all developments, other than those set forth in subsection (a) of this section, shall be conducted by the planning commission. The zoning administrator shall schedule the same before the planning commission no less than 14 days and no later than 28 days after the receipt of all such materials.
(c)
Notice to applicant. The applicant shall be notified in person or by phone, or if contact cannot be made then by mail, of the date, or dates, at which such application shall be considered by the planning commission.
(d)
Planning commission action. At the scheduled meeting, the planning commission shall review the same, discuss the conditions outlined at the pre-application conference, and shall either approve, disapprove or request further changes in the design of the building development or project; provided, however, that if the planning commission determines that additional time or information is needed in order to evaluate the building development or project, the action of the planning commission may be tabled or continued to a date certain. If the design of the building, development or project is found to comply with the purposes prescribed in this article, the planning commission shall approve such design. Any disapproval or request for changes shall specifically describe the policies or design guidelines with which the design of the building, development or project does not comply, and the manner of noncompliance.
(e)
Notice of action. A decision to approve a development shall be transmitted to the applicant in writing, specifying any conditions of the approval. A decision to disapprove a building project or development shall be transmitted in writing to the applicant and shall specifically describe the policy or guideline with which the design of the building project or the development does not comply.
(f)
Vested property rights. If the applicant requests design review approval to have the effect of creating vested property rights pursuant to Chapter 21, Article XII, of this Code, the town clerk shall schedule a public hearing on the design review and follow the other provisions of Chapter 21, Article XII, of this Code. The time for setting such public hearings and the publication of notice required therefor shall be in accordance with the provisions of Chapter 2, Division 2, of the Municipal Code of the Town of Mt. Crested Butte.
(Ord. No. 12-07, § 1, 1-15-13)
21-305 Design policies.
The following design policies shall apply to all buildings, developments or projects in the town except for temporary structure(s) and/or use as defined in this chapter. The planning commission may consider whichever design policies they deem to be applicable to temporary structure(s) and/or use applications in consideration of design review for temporary structure(s). The town council finds that it is in the public interest for all properties to provide design elements and improvements that complement the natural landscape and retain the town's subalpine character; improve the general appearance of the built environment and enhance its aesthetic appeal; delineate outdoor use areas and increase space efficiency; screen and enhance privacy; and prevent erosion and stabilize slopes. Designs shall be developed for the unique climate considerations of Mt. Crested Butte and for the specific aspect and elevations of individual properties. Good design and responsible development will increase safety, help protect air and water quality, preserve the economic base, and improve quality of life. The policies shall be adequately addressed in plans in order for design review approval to be granted:
(a)
Recreation facilities. All multifamily developments shall provide recreation facilities of a type that are appropriate to the size, character and impact of the development.
(b)
Pedestrian circulation. In all multifamily developments, pedestrian circulation shall provide safe and convenient routes to all project facilities, to all off-site destinations likely to attract substantial pedestrian traffic and to any existing pedestrian ways.
(c)
Storage.
(1)
All developments shall provide the types and amounts of storage that are appropriate to the development. Types shall include, but not be limited to, storage space for firewood, maintenance facilities and equipment, inventory storage and owner storage.
(2)
Storage in single-family residential areas and low density multiple-family district shall be limited to those items which are clearly incidental to residential functions and uses.
(3)
All types of storage shall be screened from public view and from the view of surrounding areas and shall be compatible with the architecture of the development.
(4)
Firewood shall not be stored within 0-5 feet of the structure. Firewood shall be in a location that meets the requirements of (f)(8)(c).
(d)
Refuse. All developments shall provide for an enclosure or screened location for the storage of refuse. All refuse containers must comply with the requirements of Chapter 9 of this Code. If the manner of storage or collection requires vehicular access, it shall be provided in such a way so as not to impair vehicular movement along public roadways. Refuse containers shall be screened from public view and from the view of surrounding areas and shall be compatible with the architecture of the development.
(e)
Drainage and rainwater management. The town hereby finds that it is in the public interest to preserve the function and beauty of natural drainage courses. Natural drainage courses shall be incorporated into the site development as a design element. Rainwater management practices minimize runoff and increase infiltration, which recharges groundwater and improves water quality. Implementing rainwater best management practices (BMPs) into the landscape and grading design plans to minimize runoff and to increase on site retention and infiltration are encouraged. Best drainage and rainwater practices include:
(1)
Design. All developments shall provide a drainage system that is designed to deposit all runoff into natural drainageways. Surface water shall not be diverted out of its natural drainageway and into the town drainageways or ditches.
(2)
Grading. Grading shall divert runoff to benefit existing and proposed landscape material or to rainwater infiltration gardens where appropriate. The grading design shall minimize soil erosion, siltation of drainage swales and ditches and damage to existing vegetation.
(3)
Maximizing the use of on-site landscape-based or LID surface water controls.
(4)
Preventing the direct discharge of rainwater to a waterbody (other than natural gullies or on-site drainage features).
(5)
Appropriate sizing. The drainage system internal to a development shall be so designed that the carrying and retention capacities of all downstream systems are preserved, or that the rate, flow, location and size of the natural drainage systems downstream are unaffected.
(6)
The use of rain gardens, infiltration areas, and surface water conveyance infrastructure such as vegetated swales are encouraged. Check dams in vegetated swales help to slow the flow of water and increase infiltration before water exits the property.
(7)
Parking lot design. Parking lot design should demonstrate LID. Landscaping within parking areas must be used for water infiltration. Curb placement should facilitate drainage towards stormwater filtration features.
(f)
Landscaping. The provisions of this section shall apply to all new developments and to the erection or placement of an additional structure or structures upon a lot or property if said addition results in a net increase in the floor area exceeding 20 percent of the existing structure(s). For the required landscaping points see table 21-305(2) Zoning District Points Table. All landscaping shall occur immediately following the construction process as seasonally appropriate and all new landscaping shall be temporarily irrigated until well established. Once landscaping is well established watering shall be reduced to reflect the normal maintenance needs of the appropriate hydrozone and plant community.
It is the intent and purpose of this landscaping section to protect the water resources of Mt. Crested Butte and further the 2023 Town of Mt. Crested Butte Master Plan (Master Plan) water conservation goals. The landscape restrictions and guidance included in this section advance the following Master Plan goals and policies, including the following directives:
- Reduce residential pesticide and herbicide runoff by encouraging or adopting xeriscape landscape requirements (Master Plan R3.2.2).
- Develop methods and best practices to reduce sediment discharge into wetlands, ephemeral and perennial streams (Master Plan R3.2.3).
- Decrease the populations of non-native and invasive species, such as encouraging/adopting landscaping standards that eliminate the use of non-native species. Develop incentives for private landowners to remove noxious weeds. Support educational effort to reduce the spread of noxious weeds (Master Plan R3.2.2).
- Development and adoption of a water efficient land use code (Master Plan P7.5).
- Minimizing or eliminating landscape irrigation (Master Plan P7.1).
- Integrate and implement recommendations from the Colorado Water Conservation Board "Best practices for Implementing Water Conservation and Demand Management Through Land Use Planning Efforts" (Master Plan P7.8).
(1)
Application materials for landscape plan. The landscape plan as required to be submitted by section 21-302(a) shall provide, as a minimum, the following:
a.
The location of all existing trees or groups of trees having trunks with a diameter of three inches or more measured at a height four feet above natural grade, and an indication of those trees proposed to be removed;
b.
The location of shrubs and other significant native plants which are to remain and which are proposed to be removed shall be generally indicated;
c.
The location of the proposed plant materials;
d.
The location, extent, and design of any additional landscape elements, including patios, decks, fences, walls, hard surfaced areas and proposed planters;
f.
Mitigation measures to create defensible space. The Landscaping Plan shall clearly identify the defensible space zone areas on the site plan and be in compliance with section 21-305(f)(8);
g.
A landscape point schedule table demonstrating compliance with Table 21-305(1) Landscape Point Schedule;
h.
A planting list demonstrating compliance with section 21-305(f)(3) Plants; and
i.
A notes section demonstrating compliance with all other applicable landscape standards.
(2)
Soils.
a.
Topsoil. Stripped topsoil shall be stockpiled, without compaction, and stabilized against erosion in a designated location to reuse during landscaping. Existing topsoil shall be salvaged and stockpiled for use as soil amendments or topsoil. Topsoil shall not be removed from the subject property or an approved location until landscaping is complete.
b.
Topsoil redistribution. Clean, uncontaminated topsoil shall be reapplied to a recommended depth of six inches after final grading of the site. If topsoil stockpiling is insufficient to attain the six inch depth; imported topsoils should be amended to replace organic material, nutrients, and other soil characters as needed.
c.
Compost, at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area, is recommended to a depth of six inches into the soil. Compost shall be weed-free.
d.
Mulch shall be placed on all exposed soil and around plants to reduce water loss through evaporation. A minimum three-inch layer of mulch is required to be applied on exposed soil surfaces of planting areas as weed mitigation and for soil moisture retention. Mulch shall be applied at a minimum depth of three inches with modifications as appropriate for installed plant material. Mulch shall be renewed as needed.
(3)
Plants. The use of native and drought-tolerant plants is required for the majority of the landscaped area.
a.
Plants shall be selected from an approved plant list. A list of plants can be found in Appendix A Plant List and Artificial Turf Requirements, which may be administratively adopted and periodically updated by town planning staff. The plant list may also include a list of prohibited plants that shall not be used. If not on the existing list, the plant shall be indicated on the plan and shall be native, adapted, or drought-tolerant and approved by the town planning staff.
b.
Applicants are encouraged to salvage native shrubs, small trees and herbaceous plants from areas to be disturbed by the homesite construction and consider wildfire landscape planting selection addressed in section 21-305(f)(8).
c.
Mountain meadows are to be preserved wherever possible. A limit of disturbance line shall be defined on site prior to commencement of construction activities and maintained through construction completion.
d.
Grouping plants according to water needs. All plantings should be grouped according to their hydrozone and water needs to minimize water use.
e.
The planting of noxious weeds is strictly prohibited, as outlined in Chapter 14 Article II. All seed mixes and composts shall be noxious weed free.
(4)
Manicured high-density grass lawn. Water demand from traditional manicured high-density grasses, such as sod or seeded lawn, peaks in the summer months and is a significant burden on water resources and the environment. This section is designed to restrict the future installation of water intensive high-density grass lawn areas.
a.
Manicured high-density grass requirements. Manicured high-density grasses shall be selected from the recommended species included in the Appendix A Plant List and Artificial Turf requirements.
b.
Manicured high-density grasses shall be limited as follows:
1.
Single-family and two-family dwelling units shall not have manicured high-density grasses in excess of 1,000 square feet or 10 percent of the total lot area per unit, whichever is less.
2.
Multifamily dwelling units shall not have manicured high-density grasses in excess of 200 square feet per unit.
3.
Commercial and Business District development shall not have manicured high-density grasses in excess of 1,000 square feet or three percent of the required open space, whichever is greater.
4.
Prohibited in the following (unless approved by the town after reviewing evidence of a water-efficient irrigation, system);
c.
Water-intensive manicured high-density grasses (such as Kentucky bluegrass) may be used only in areas specifically designed for heavy usage or foot traffic, such as athletic fields.
d.
Parks shall be designed to limit the use of high-water intensity grass and plants (such as Kentucky Bluegrass) to those areas with heavy usage or foot traffic, such as athletic fields.
e.
Limits on covenants requiring manicured high-density grass lawn. Colorado homeowner's associations cannot prohibit the installation of non-vegetative turf grass (artificial turf) nor can they prohibit the use of xeriscaping and drought-tolerant plantings. C.R.S. section 38-33.3-106.5. Associations can still adopt design guidelines or rules addressing installation of xeriscape, drought-tolerant plantings and artificial turf.
(5)
Artificial turf. The use of artificial turf is permitted in lieu of manicured high-density grasses. The total area of artificial turf must reflect the same area as manicured high-density grasses in (f)(4)(b). Artificial turf type must meet the requirements found in Appendix A. Plant List and Artificial Turf Requirements.
(7)
Rainwater harvesting.
a.
For all residential properties, households are encouraged to utilize water harvested by rainwater barrels for outdoor watering of landscapes of two rain barrels not exceeding 110 gallons of storage per unit authorized under C.R.S. section 37-96.5-103 (2016).
b.
The use of rain gardens to increase infiltration and filtering of stormwater is recommended for parking lots and residential development, where compatible with snow removal practices.
(8)
Mitigation measures to create defensible space for new construction. Landscaping shall be designed and maintained to reduce fire risk by creating defensible space around the home or structures. These requirements by zone aim to minimize fuel and spread of fire.
a.
Zone 1. Zero to five feet from the home (home includes decks and other structures). Design to prevent flames from coming in contact with structure.
1.
Use non-flammable hard materials such as gravel, stone, or pavers.
2.
Remove all plants that are not fire-resistant from this zone. Do not store firewood in this zone including under decks.
3.
Keep the area raked of leaves including decks, gutters, and roofs.
4.
Prune tree branches at least 10 feet away from the structure.
b.
Zone 2. Five to 30 feet from the home or to the property line whichever is closer. Aim to reduce fuel to reduce intensity of approaching fire.
1.
Keep grasses and vegetation mown to four inches or less.
2.
Remove/thin existing trees to keep at least 10 feet between canopies (measured from outermost branches) or 30 feet canopy gaps for groupings of two to three trees. Any planted trees should account for the crown spacing at maturity. Tree spacing and ladder fuel guidelines do not apply to mature stands of aspen trees.
3.
Remove accumulation of logs, branches, and mulch.
4.
Remove ladder fuels (vegetation) under remaining trees and do not plant any vegetation under the canopy of trees.
5.
Shrubs must be at least 10 feet away from tree branches. Keep clumps of shrubs isolated and no larger than 12 feet wide.
6.
Remove dead or diseased trees.
7.
Where possible, select plant material that is low-resin, high moisture, that has low volume of vegetation, and other low-flammability characteristics. Keep plant beds cleared of leaf litter and irrigate appropriately.
8.
Store firewood as far from the structure as possible and is not permitted in Zone 1. It is recommended as far as 30 feet from the home and away from trees or vegetation if storing firewood outside. Storage inside of the structure (i.e. garage) is permitted.
c.
Zone 3. Thirty to 100 feet from the home or to the property line whichever is closer. Manage in order to keep fire on the ground.
1.
Crown spacing of six to 10 feet is suggested, consider creating openings between clumps of trees. Tree spacing and ladder fuel guidelines do not apply to mature stands of aspen trees.
2.
Remove ladder fuels (vegetation) under tree canopies.
3.
Properly treat slash (woody debris) by removal, piling and burning, lopping and scattering, or mulching. Keep this material as far from the structure as possible.
(9)
Watering, water waste, fugitive water, and emergency watering restrictions. All watering shall adhere to the Mt. Crested Butte Water & Sanitation District Irrigation Policy Resolution - Revised, which policy is available for review and copying at the Mt. Crested Butte Water and Sanitation District office and official website, and is hereby incorporated by this reference. If the Mt. Crested Butte Water & Sanitation District Irrigation Policy Resolution is updated, the updated policy shall apply. Emergency watering restrictions promulgated by the Mt. Crested Butte Water & Sanitation District shall be adhered to. The following activities are declared a waste of water and are prohibited:
a.
Natural and unaltered mountain meadows shall not be watered.
b.
Landscape irrigation water applied in such a manner, rate and/or quantity that it causes runoff onto adjacent property or public right-of-way;
c.
Landscape irrigation water which leaves a sprinkler, sprinkler system, or other application device in such a manner or direction as to spray onto adjacent property or public right-of-way;
d.
Flow resulting from temporary failures or malfunctions of the water supply system when the failure or malfunction is not repaired within <48> hours.
(10)
Required landscaping. Because landscaping on public and private lands is essential to the aesthetic values, ecology and soil conservation of the town, it is considered to be a benefit to the general public. The minimum number of points required for each landscape plan shall be as set forth below in the Zoning District Point Schedule. Landscaping shall be placed in such a manner as to soften the appearance of the structure as viewed from public places and neighboring properties and the landscaping plan must meet the approval of the appropriate review authority. All developments required to provide landscaping by this chapter shall provide, in accordance with the development's zoning district, as a minimum, the following:
a.
Residential districts. The landscaping plan for a development in single-family residential (SFR) and single-family residential areas of PUD zoning districts will be evaluated by the zoning administrator and will be awarded points in accordance with the Landscape Point Schedule set forth herein. Existing landscape features, including mountain meadows, shall be retained whenever possible. All disturbed ground surfaces shall be revegetated or landscaped regardless of point allowance considerations. Landscaping and vegetative matter shall cover all of the open landscaped area. The amount of lot area covered in rock, stone, or other similar substrate shall be limited. The zoning administrator will evaluate the existing landscaping relative to current standards for any remodel or addition to determine the landscaping requirement.
b.
All other districts. The landscape plan of a development in all other districts will be evaluated by the planning commission for its appropriateness to the individual development considering its size, location and density, and will be awarded points in accordance with the Landscape Point Schedule. It is required that all new developments receive points in at least five of the landscape point categories. Existing landscape features, including mountain meadows, shall be retained whenever possible. All disturbed ground surfaces shall be revegetated or landscaped regardless of point allowance considerations. Landscaping and vegetative matter shall cover all of the open landscaped area. The amount of lot area covered in rock, stone, or other similar substrate shall be limited.
c.
The town decision-making body with the jurisdiction over the relevant application may award points for space in an enclosed public mall or atrium that contributes meaningful landscaping. Landscape points may be awarded for space in an enclosed public mall or atrium at a rate of one point for each square foot. Landscape points for developments in the Business District will not be awarded points for required walkways (section 21-201).
d.
The Town decision-making body with the jurisdiction over the relevant application may reduce the total number and distribution of landscape points required by this section if it finds that the landscape plan articulates a harmonious blend between the pedestrian environment and architecture, or if it finds that the landscape plan incorporates extraordinary water conservation measures while maintaining the desired design aesthetic. Landscape plans for developments within the downtown development authority boundary shall also comply with all aspects of the Mt. Crested Butte Downtown Development Authority Architectural and Site Design Standards as adopted and/or amended by the town council.
TABLE 21-305(1): LANDSCAPE POINT SCHEDULE | ||
|---|---|---|
Landscape Item | Points | |
1. | Existing Landscaping Maximum 500 points for new construction for undisturbed native grasses, groundcovers and mountain meadows. Additional points may be counted for preserving existing trees, shrubs, and willows. The town decision-making body with the jurisdiction over the relevant application may change the minimum tree points required in table 21-305(1) I for heavily forested lots. The town's approving body may require additional trees to achieve the intent of softening views of structure. The landscape plan must clearly define all vegetation which will remain. The intent is to maximize preservation of the existing native landscape. The town values protecting the native landscape to preserve resources, reduce site impact and minimize establishment period for new landscaping. Define the area that is going to be protected first. | |
Trees | ||
Deciduous | 5 per foot | |
Evergreen | 15 per foot | |
Shrubs | ||
Deciduous | 15 per shrub | |
Evergreen | 25 per shrub | |
Wetland Thicket - shrubby wetland areas | 1 per square foot | |
Undisturbed native grasses and groundcover | 5.0 per square foot | |
New Landscaping | ||
2. | Trees Trees shall be a minimum of 6 feet in height. The intent is to soften views of structures and create privacy from the neighbors and street | . |
Deciduous | 5 per foot | |
Evergreen | 15 per foot | |
3. | Shrubs | |
The intent is to help soften views of structures, define outdoor spaces and create a visual transition between the built and natural landscapes. | ||
Deciduous | 15 per shrub | |
Evergreen | 25 per shrub | |
4. | Mulches Combustible mulches within 5' of the structure are discouraged. The intent is to retain moisture and organic matter and mitigate weeds. This section includes mulched flower beds. | |
Fire Resistant Organic Mulch Screened/coarse textured wood chips, dense finely ground garden compost with incorporated woody material, Highly combustible mulches such as: shredded bark chips, pine bark, thick layers of pine needles, or other mulches that readily carry fire do not count towards the landscaping points total and are discouraged. | 2.0 per 10 square feet | |
Non-Combustible Mulch Cobble, crushed rock, gravel, decomposed granite | 2.0 per 10 square feet | |
5. | Planted surfacing Maximum 500 points. The intent is to have all disturbed areas revegetated with drought tolerant and native/naturalized flowers and grasses. Flower beds are awarded less points because they typically use more water. Manicured High Density Grasses are water intensive and do not contribute any points, Manicured High Density Grasses are restricted to a maximum area, see Sec. 21-305(f)(4)(b) for maximum square feet. | |
Native Grasses/Native Wildflowers | 4.0 per 10 square feet | |
6. | Hardscape Paths & Living Space | |
The intent is to define exterior circulation/paths and create outdoor living spaces. Permeable surfaces help minimize runoff and improve water infiltration on site. | ||
Permeable Paving Maximum 500 points for permeable paving. Paced pavers, stepping stones, soft-set stone, decorative rock, etc. Note: Installation details shall be provided to illustrate profile of permeable materials. Non-Permeable Paving does not receive points. (i.e. concrete, hard set stone or payers, etc). | 2 per 10 square feet | |
7. | Drainage, Rainwater Management, and Irrigation The intent is to increase infiltration and filtering of water and encourage harvesting water on site. | |
Rain gardens and/or rainwater infiltration areas | 2 per 10 square feet | |
Rainwater conveyance infrastructure such as vegetated swales | 2 per 10 square feet | |
Rain barrels (state qualified, residential only) | 2 per 10 square feet | |
Irrigation systems Only for areas less than 1,000 square feet using optional soil moisture sensing devices. | 50 per barrel | |
TABLE 21-305(2): ZONING DISTRICT POINT SCHEDULE | |
|---|---|
Zoning District | Point Requirement |
Additions for All Zoning Districts | Additions that result in a net increase in the floor area exceeding 20 percent of the existing structure(s) shall have a landscape plan that meets landscaping requirements. The total required points shall be the result of adding the existing structure(s) and the additional square footage as it relates to gross residential floor area. Existing landscaping that does not meet the defensible space requirement shall not be counted towards the total landscaping points. It is recommended that existing landscaping is altered to meet defensible space requirements. Existing landscaping is not capped at the 500 groundcover points for new construction. |
SFR | 2,000 points minimum, with one additional point required for each square foot of gross residential floor area in excess of 2,500 square feet. A minimum of 30 percent of the total required points must be provided by trees; a minimum of 50 percent of the total tree points shall be evergreen trees. |
LDMF | 2,000 points minimum, with one additional point required for each square foot of gross residential floor area in excess of 2,500 square feet. A minimum of 30 percent of the total required points must be provided by trees; a minimum of 50 percent of the total tree points shall be evergreen trees. |
HDMF | 3,500 points minimum, with 15 points per 100 square feet of lot area. A minimum of 30 percent of the total required points must be provided by trees; a minimum of 50 percent of the total tree points shall be evergreen trees. The landscape plan shall be prepared by a licensed landscape architect. |
PAD, BD and CD | 3,500 points minimum, with 15 points per 100 square feet of lot area. A minimum of 30 percent of the total required points must be provided by trees; a minimum of 50 percent of the total tree points shall be evergreen trees. The landscape plan shall be prepared by a licensed landscape architect. The landscape plan shall address the pedestrian landscape space and scale. It is required that all new developments receive points in at least five of the above listed categories. Development plans with floor area (GRFA/CRFA) greater than 2,500 square feet in size will require a minimum of one additional point for each two and one-half square feet over the 2,500 square feet of floor area. Landscape points may be counted for space in an enclosed atrium at the rate of one point for each square foot. Landscape points will not be awarded for hard surfaced walkways provided in the accessways required by section 21-201. The landscape plan for developments in the PAD, BD, CD, ROS and nonresidential areas of PUD zoning districts will be evaluated by the planning commission for its appropriateness to the individual project's size, location and density. |
PUFD | A total of 25 points per 100 square feet of lot area, and a minimum of 3,500 points are required. A minimum of 30 percent of the total required points must be provided by trees; a minimum of 50 percent of the total tree points shall be evergreen trees. The landscape plan shall be prepared by a licensed landscape architect. The landscape plan shall address the pedestrian landscape space and scale. It is required that all new developments receive points in at least five of the above listed categories. Development plans with floor area (GRFA/CRFA) greater than 2,500 square feet in size will require a minimum of one additional point for each one square foot over the 2,500 square feet of floor area. Landscape points may be counted for space in an enclosed atrium at the rate of one point for each square foot of floor area. |
ROS | 2,000 points minimum for each one-half acre of lot area. For development of facilities other than agricultural outbuildings, one additional point shall be required for each square foot of floor area over 2,500 square feet. A minimum of 30 percent of the total required points must be provided by trees; a minimum of 50 percent of the total tree points shall be evergreen trees. Streets proposed through ROS shall have a minimum of three trees (one evergreen six feet tall and two deciduous) per 100 feet of right-of-way. Tree plantings shall be clustered and located in a manner where they will not affect snow plowing. |
PUD | Areas within a PUD shall provide points in accordance with the zoning district that most closely resembles the proposed development, as determined by the appropriate review authority. |
(g)
Cuts, fills and retainage.
(1)
Excessive grading, in the opinion of the zoning administrator, for building sites, access drives, off-street parking, pool sites, recreation areas or other improvements is not permitted.
(2)
Cut and fill slopes shall be limited to a ratio of two horizontal to one vertical for unmowed slopes and a ratio of three horizontal to one vertical for mowed slopes unless written permission from the Zoning Administrator is received.
(3)
Slopes that exceed a ratio of two horizontal to one vertical shall be retained with a retaining wall or walls and/or structures.
(4)
Retaining walls shall not exceed eight vertical feet. Terraced retaining walls, beginning at the second tier and all tiers above the second tier, must be stepped back at least four feet in width and must be landscaped with one tree or four shrubs per 10 linear feet of wall.
(5)
Retaining walls shall be textured, colored or faced so as to blend harmoniously with their surroundings and the building, or development with which they are associated.
(6)
Railroad tie retaining walls which exceed four feet in height shall be battered as opposed to straight vertical at a minimum batter of one horizontal to eight vertical.
(h)
Outdoor irrigation.
(1)
Irrigation efficiency. When irrigation systems are installed, development shall use effective water conservation measures and best management practices that are feasible and reasonable including:
a.
Evapotranspiration or soil moisture irrigation control.
1.
Smart controllers, such as soil moisture sensing devices and rain sensors, shall be used on irrigation systems serving an area greater than 1,000 square feet to minimize overwatering. Additional points will be awarded in the Design Review process if projects installing irrigation systems with less than 1,000 square feet use optional soil moisture sensing devices.
2.
Dual or multi-program controllers with separate valves and circuits shall be used when the landscape contains more than one type of landscape treatment or for an irrigated area over 1,000 square feet and for all commercial and industrial developments.
b.
Irrigation system efficiency.
1.
Permanent irrigation systems (drip, bubblers, low-flow sprinkler heads or similar systems) shall be used on all irrigated landscapes.
2.
The system shall be designed to ensure that the operating pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance.
3.
Overhead spray irrigation is prohibited for use on trees, shrubs, and groundcover. Low-flow sprinkler heads shall be used when spray or rotor type heads are used for shrubs and groundcover.
4.
Sprinkler heads shall be a WaterSense labeled product and have matched precipitation rates within each valve zone. Sprinkler spacing shall be designed to achieve the highest possible distribution uniformity. All sprinkler heads installed in manicured high-density grass shall have a distribution uniformity of 0.65 or higher.
5.
Manicured high density grass areas shall be sized and shaped for efficient irrigation and elimination of water waste. Minimum pop-up height for sprinklers in manicured high-density grass areas shall be six inches. Minimum irrigated manicured high-density grass area width shall be 10 feet.
c.
The irrigation designer, owner or other qualified inspector shall perform a coverage test to ensure plants are receiving the appropriate amount and uniform distribution of water.
d.
Maintenance and operation:
1.
Irrigation system installer shall provide to owner upon installation completion all operation manuals, product specifications and recommended maintenance schedule.
2.
Irrigations systems in this climate require unique maintenance for optimal performance. It is recommended that systems be winterized after the end of each growing season.
3.
When systems are turned back on in the spring, they should be checked for any potential damage incurred over the winter including damage to heads, drip emitters, lines, etc. A coverage test should be completed at this time.
4.
As plants grow, the system may need to be adjusted to accommodate changes. Trim or remove vegetation as required to preserve system performance.
5.
Re-program automatic controllers as needed to meet the seasonal plant needs.
e.
Seasonal and time of day irrigation restrictions. All watering shall adhere to the Mt. Crested Butte Water & Sanitation District Irrigation Policy Resolution - Revised. If the Mt. Crested Butte Water & Sanitation District Irrigation Policy Resolution is updated, the updated policy shall apply. The policy is available for review and copying at the Mt. Crested Butte Water and Sanitation District Office and official website and is hereby incorporated by this reference.
(i)
Snow shed. Buildings and structures shall not be constructed so as to allow snow to slide from any portion thereof onto a public right-of-way or onto adjacent property, or onto areas which, because of the design of the improvements, are intended to be occupied or used by persons on a regular basis.
(j)
Driveway or private access road connection. No driveway or private access road shall connect a corner lot to an arterial street, as defined in the subdivision regulations of this Code.
(k)
Roofs. All metal roofs, trim, flashing, crickets, stove pipe or other piping located on or above the roof of a structure shall be anodized or painted so as to be nonreflective.
(l)
Snow slides. All developments shall be designed and constructed so as to avoid the creation of artificial slopes steeper than 25 degrees to avoid the creation of potential snow slide hazards, unless it can be demonstrated by competent engineering evidence that such slope shall not create a snow slide hazard.
(m)
Compliance of exterior lighting of the development with the requirements of Article XVI of this chapter.
(n)
Architectural compatibility. Excessive similarity, dissimilarity or poor quality design of any building adversely affects the desirability of the immediate area and the community as a whole; impairs the benefits of existing property owners and the stability and value of real property; produces degeneration of property with attendant deterioration of conditions affecting health, safety and general welfare of the community; and destroys a proper relationship between the taxable value of real property and the cost of municipal services provided therefore accordingly:
(1)
Excessive similarity or dissimilarity. Excessive similarity or dissimilarity to other existing structures, or proposed structures for which a permit has been issued, or to any other structure included in the same permit application, facing upon the same or intersecting streets within the same or adjacent land use district, is prohibited. Features of design include, but are not limited to: size, shape, scale, proportions; solid to void ratios; texture; pattern and color of materials; and architectural elements and details. A finding of excessive similarity or dissimilarity shall state not only that such exists, but that it is of such a nature as to reasonably be expected to provoke one or more of the harmful effects set forth above.
(2)
Building materials should be predominantly natural, such as wood siding, wood shingles and native stone. Metal and asphalt shingle roofs are also acceptable. Architectural concrete blocks are generally acceptable, if specifically designed and colored. All materials shall be non-reflective. Untreated, reflective, galvanized metal siding is not allowed on any roof or wall surface. In residential zoning districts and residential portions of PUDs, metal siding shall be complementary and secondary to the primary siding of the home. Primary siding shall be defined as the siding type that covers the largest extent of the exterior. All exterior materials shall be approved by the zoning administrator or planning commission, whoever is the approving authority.
(3)
Paint and stain colors may be approved administratively by the zoning administrator, provided the applicant selects colors and stains that are on the town's pre-approved palette of paint/stain colors. Natural colors (earth tones) are favored. Primary colors or other bright colors shall be used only as accents and then sparingly and mainly in nonresidential areas. Use of stains rather than paint on wood surfaces is acceptable. Exposed metal flashing or trim must be anodized or painted so as to be nonreflective.
(4)
Design of accessory structures, fences, walls and other structural landscape features should be harmonious with the main structure or structures on the site. The same or other harmonious building materials should be used on main structures and accessory structures.
(o)
Site design. It is in the public interest for all sites within the community to be designed, arranged and developed in a safe, efficient and aesthetically pleasing manner. The arrangement of all functions, uses and improvements shall reflect the natural capabilities and limitations of the site as well as the characteristics and limitations of the adjacent property. Accordingly, the following site design standards must be met:
(1)
Privacy. All sites shall be arranged so as to provide privacy for the occupants of both the site and the surrounding areas.
(2)
Vistas. The site shall be developed in such a way so as to preserve primary views and vistas, as seen from public spaces (an outdoor area intended as a gathering place for the general public), and public parks. Maintaining view corridors to Crested Butte Mountain first and then to Whetstone Mountain, Mt. Emmons, the Town of Crested Butte, and/or Maroon Bells Wilderness Area from public spaces shall be a priority and identified and acknowledged in the site planning process. Proposed development shall not project into established sight lines and view corridors when locating outdoor structures, furnishings, landscape and signage.
(3)
Taking into consideration the basic character of the site and the nature of the proposed uses, the development shall be visually harmonious as perceived from both within and without.
(4)
The various structures, use areas, functions and elements of the site design should be integrated by design into a unified whole, except in those cases where separation is appropriate to a particular interrelationship.
(p)
Fire control and prevention provisions. Fire prevention and control measures shall be incorporated into the design so as to minimize the risk of fire spread.
(q)
Snow storage. All sites within the town must have adequate snow storage areas both for the private property and public rights-of-way. A functional snow storage area shall be provided which is equal to 25 percent of the areas to be cleared of snow. This percentage can be reduced to 12 percent if a snowmelt system is installed. Specific areas to be cleared shall include the full dimensions of roadways and parking areas.
(r)
Uphill slopes greater than 20 percent may not be counted in determining compliance with snow storage requirements. Uphill slopes of five to 10 percent count as 50 percent of their area.
(s)
Snow storage areas are not allowed in waterbodies or within waterbody buffer areas or on compacted or poorly draining soil.
(t)
Contain runoff from snow storage areas so that it is directed through a detention or infiltration facility or other best management practice that removes pollutants, including vegetated areas.
(u)
Internal circulation. Internal circulation in the Business and Multiple-Family Zone Districts shall facilitate the movement of goods, services and waste products in a safe and efficient manner.
(v)
Solar access. It is in the public interest for active and passive solar energy and energy efficiency to be utilized. Sites and building design shall incorporate active or passive solar energy design.
(w)
Public transportation. It is in the public interest for a project to provide support facilities for the public transportation system in the Low Density Multiple-Family, High-Density Multiple-Family, Business, Public Uses and Facilities, and higher density and business portions of Planned Unit Development Districts, such as an on-site loading area or bus stop shelter.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 17-2, § 1, 3-21-17; Ord. 24-2, 3/19/2024)
21-307 Fee.
The town council shall set a design review fee schedule sufficient to cover the cost of town staff time, consultants' fees and incidental expenses. At the time of application for design review approval, whether before the planning commission or zoning administrator, the required fee shall be paid in full. If any extraordinary costs are incurred by the town over and above the normal costs as set forth in the fee schedule, the applicant shall be promptly advised of such costs and/or fees, and shall reimburse the town for the same prior to receiving final design review approval.
Should an applicant request a special meeting of the planning commission, which meeting is requested due to time constraints or desires of the applicant, and not due to statutory, code, or other limitations imposed by law that may require the town to conduct a special meeting, the applicant shall pay the costs incurred by the town to hold such special meeting, including payment of commission members, staff and attorney time, and any other costs incurred or necessary to conduct the special meeting. The council shall set the cost categories as well any set fees by resolution.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 20-9, § 1, 11-4-20)
21-308 Appeal.
(a)
The zoning administrator's decision may be appealed once to the planning commission by the applicant or by any aggrieved person within 14 days of notice of action. Such action of the zoning administrator shall become final if no written appeal is made to the planning commission by any such party within such time period. Upon receipt of such written appeal by the zoning administrator the zoning administrator shall set a date and time for a design review before the planning commission, to be held no sooner than 14 days and no later than 28 days after such receipt. The provisions of section 21-303(b) through (f) of this Code shall apply to the design review.
Such an appeal request will require the applicant to proceed as set forth in section 21-24.
(b)
The planning commission's design review decision may be appealed once to the town council by the applicant, by any aggrieved person, or by the zoning administrator, within 14 days following the action of the planning commission. Such action of the planning commission shall become final if no written appeal is made to the town council by any such party within such time period. Upon receipt of such written appeal by the town clerk, the town clerk shall set a date and time for a public hearing upon such appeal before the town council, to be held no sooner than 21 days and no later than 42 days after such receipt. The provisions of section 21-61 et seq., of this Code shall apply to the public hearing.
(c)
The applicant/appellant shall be notified, in writing, of the date, or dates, at which such appeal shall be considered by the town council.
(d)
Within 28 days following the public hearing, the town council shall act upon such appeal by approving, modifying or reversing the decision of the planning commission, which decision shall become final at the meeting, and shall be transmitted in writing to the applicant within seven days following such action.
(Ord. No. 12-07, § 1, 1-15-13)
21-309 Lapse of approval.
Except as provided elsewhere in Chapter 21, Article XII, Vested Property Rights, of this Code, approval of the design of a building, project, or development as prescribed in this article shall lapse and become void one year following the date of the approval of the building, project, or development, unless prior to the expiration of one year, a building permit is issued and construction has commenced within one year of acquiring a building permit and thereafter diligently pursued toward completion.
(Ord. No. 12-07, § 1, 1-15-13)