HomeMy WebLinkAboutbocc.ord.018.1999AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY COLORADO ADOPTING AMENDMENTS TO THE
PITKIN COUNTY LAND USE CODE: SECTION 3-310, TRANSFER OF
DEVELOPMENT RIGHTS; SECTION 3-150-160, GROWTH MANAGEMENT
EXEMPTIONS, TRANSFER OF DEVELOPMENT RIGHTS; SECTION 3-40-115,
RURAL/REMOTE ZONE DISTRICT; AND SECTION 8-1, DEFINITIONS
Ordinance No. 99- [t
Recitals
1. The Board of County Commissioners ("BOCC") has directed the preparation of
amendments to the Transfer of Development Rights (sections 3-310 and 3-150-
160), the Rural/Remote Zone District (section 3-40-115) and Definitions (section
8-1) sections of the Pitkin County Land Use Code (the "Code").
2. The amendments are to intended to allow for the possibility that transferable
development rights could be used for growth management exemptions or
aggregated on a single Receiver Site located within the Rural and Remote zone to
allow for larger homes than permitted in the zone district. Standards and criteria
are set forth to ensure that larger homes permitted through aggregation will not
negatively impact or otherwise compromise the integrity of the Rural and Remote
zone district.
3. The BOCC finds that the proposed amendments to the Code will substantially
advance the public health, safety and welfare of the citizens of Pitkin County and
will assist in preserving significant lands located within the Rural/Remote Zone
District.
4. The Planning and Zoning Commission ("P&Z") reviewed the Code amendments
at a regularly scheduled public meeting on July 6, 1999 and made a
recommendation to the BOCC.
5. The BOCC considered the amendments at first reading at a duly noticed public
meeting on June 7, 1999 and finally approved the amendments on second reading
at a duly noticed public hearing on July 14, 1999.
NOW, THEREFORE, BE IT ORDAINED by the Pitkin County
Commissioners that it hereby amends the Pitkin County Land Use Code as contained in
Attachments A (addition of §3-310, Transfer of Development Rights), B (amendments to
§3-40-115, Rural and Remote Zone District); C (amendments to §8-1, Definition); and D
(amendments to § 3-150-160, Growth Management Exemptions, Transfer of
Development Rights).
Ordinance #99-
Page 2
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 3rd day of
July, 1999.
INTRODUCED AND FIRST READ AT A PUBLIC MEETING and regular meeting on the 7th
day of June, 1999.
APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC HEARING on
the 14th day of July, 1999.
EFFECTIVE on the a3th day of August, 1999.
PUBLISHED ALTER THE ADOPTION IN THE ASPEN TIMES on the 24th day of July,
1999.
ATTEST:
de Pean,
Deputy Clerk and Recorder
BOARD OF COUNTY COMMISSIONERS
O0ITLIN COUN _ , COLORADO
Leslie Lamon
Chair
Date:
'OM
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
t
Marcella Larsen, Cindy Houben,
Assistant County Attorney Community Development Director
(lite 7,30.99
ATTACHMENT "A"
Add Section 3-310, Transfer of Development Rights, to the Pitkin County Land Use
Code as follows (NOTE: this section is currently being amended through another
ordinance in connection with use of TDRs to exceed 15,000 square feet):
Subsections:
3-310-010
3-310-020
3-310-030
3-310-040
3-310-050
3-310-060
Section 3-310
TRANSFER OF DEVELOPMENT RIGHTS ("TDRs")
Purpose and Applicability
General Standards and Criteria
Standards and Criteria for the Use of TDRs Outside of the Rural/Remote
Zone District
Standards and Criteria for the Use of TDRs Within the Rural/Remote Zone
District
RESERVED
Standards and Criteria for TDRs for Development Rights Vested Prior to
the Adoption of the Rural/Remote Zone District
3-310-010 Purpose and Applicability.
A. Purpose. The purpose of this transfer of development rights provision is to
provide for the protection of lands within the Rural/Remote Zone District and to provide the
owners of property within that District with a program of equitable mitigation which assures
property owners of an economically beneficial use of their property. The program of equitable
mitigation is achieved by making Development Rights appurtenant to lands within the
Rural/Remote Zone District transferable to other lands within Pitkin County where development
is more appropriate in accordance with all applicable Pitkin County land use regulations, codes
and plans.
B. Applicability. Development Rights shall be transferable from any Preservation
Site within the Rural/Remote Zone District to any approved Receiver Site. A Receiver Site for
TDR Rights shall comply with the standards and criteria of this section and be approved by
special review pursuant to Section 3-210.10 of the Pitkin County Land Use Code.
3-310-020 General Standards and Criteria.
A. General Standards and Criteria for Preservation Sites.
1. Development Rights Appurtenant to Preservation Sites May be Severed
from the Site and Converted Into TDR Rights. In addition to any other use permitted in the
Rural/Remote Zone District, Preservation Sites shall have Development Rights which may be
severed and transferred to Receiver Sites. The severance of Development Rights from a
Preservation Site, and creation of TDR Rights, shall be accomplished through the procedure
outlined in Section 4-60.95 below.
Ord. #99-
Attachment A: Adding PCLUC §3-310, Transfer of Development Rights Page 1
2. Every 35 Acres Associated With One TDR Unit of Development. For each 35
acres, every Preservation Site shall be associated with one TDR Unit of Development, provided
that fractions of TDR Units of Development shall not be considered. A Preservation Site less
than 35 acres in size shall also be associated with one TDR Unit of Development, except for
purposes of aggregation within the Rural/Remote zone.
The following chart illustrates the number of TDR Units of Development by size of the
Preservation Site:
TDR UNITS OF DEVELOPMENT BY
ACREAGE
Acreage of Preservation Site
Number of TDR Units of Development
Less Than 35 Acres
1 TDR Unit of Development
35 Acres
1 TDR Unit of Development
60 Acres
1 TDR Unit of Development
70 Acres
2 TDR Units of Development
90 Acres
2 TDR Units of Development
135 Acres
3 TDR Units of Development
140 Acres
4 TDR Units of Development
3. Transfer of Fractions of TDRs Prohibited. The transfer of less than one TDR,
or any fractional interest of less than a whole number, is prohibited.
4. Preservation Sites Shall be Located in the Rural/Remote Zone District. A
Preservation Site shall be located within the RuraURemote Zone District.
5. Preservation Sites Shall be Legally Created and are Subject to Cumulation
Provisions. A Preservation Site shall be a legally created parcel and is subject to the cumulation
provisions of section 6-50.20 of the Pitkin County Land Use Code.
6. Preservation Sites Shall be Deed Restricted Against Further Development.
Upon severance of a TDR from a Preservation Site, the Preservation Site shall be deed restricted
against all further development, as that term is defined in section 8-1 of the Pitkin County Land
Use Code. The form of deed restriction must be approved by the County Attorney.
7. One Legally Created Structure Up to 1000 Square Feet in Size May be
Retained on a Preservation Site, and One TDR Severed, Subject to Special Review
Approval and the Following Additional Standards and Criteria.
a. The structure must pre -date the enactment of the Rural/Remote Zone District;
b. The structure must be 1000 square feet or less in size;
c. The structure must be deed restricted to category employee housing as specified by
the Board of County Commissioners;
d. The Preservation Site must be restricted against all further development in a form
acceptable to the County Attorney;
e. The structure may never be expanded;
Ord. #99-/ V , Attachment A: Adding PCLUC §3-310, Transfer of Development Rights Page 2
f. The structure may not be subdivided, separately conveyed or otherwise separated
from the underlying Preservation Site; and
g.
The structure must be on at least a thirty-five acre parcel, or must be on a legally
created separate parcel that is substandard in size. Subdivision shall not be permitted
to create parcels less than thirty-five acres in size.
B. General Standards and Criteria for Receiver Sites.
1. Receiver Site Must Obtain Special Review Approval. No development of a
Receiver Site with TDR Rights shall be carried out unless such development complies with the
standards and criteria of this section and has been approved by special review pursuant to Section
3-210.10 of the Piticin County Land Use Code.
2. Receiver Site Has Potential to Receive TDR Rights. In addition to any other
use permitted by the applicable zone district, a Receiver Site shall be eligible for development
with TDR Rights. The transfer of a TDR Right to a specific Receiver Site shall be accomplished
through the procedure outlined in Section 4-60.95 below.
3. Receiver Site Located Anywhere in Pitldn County. A Receiver Site may be
located anywhere in Pitkin County, subject to the standards and criteria of this section and the
special review criteria of section 3-210-10.
4. Uses Proposed on Receiver Site Must be Consistent With Underlying Zone
District. Except as expressly authorized in this section, all development of the Receiver Site
shall comply with each and every requirement of the applicable zoning district regulations.
5. Affordable Housing Mitigation. No affordable housing mitigation is required
for development on Receiver Sites using TDRs.
3-310-30 Standards and Criteria for Transfer of Development Rights from a
Preservation Site to a Receiver Site Located Outside of the Rural/Remote
Zone District.
A. Transfer of Development Rights Requires Approval By Special Review. The
transfer of development rights from a Preservation Site to a Receiver Site which is not located in
the Rural/Remote Zone District shall be approved by special review pursuant to Section 3-210.10
of the Pitldn County Land Use Code and shall be subject to each and every requirement of the
Pitkin County Land Use Code, except as expressly provided for in this section.
B. Receiver Site Must Meet Underlying Zone District Requirements. A transfer
of development rights from a Preservation Site to a Receiver Site located outside of the
Rural/Remote Zone District shall meet the underlying requirements of the zone district of the
Receiver Site. If the underlying requirements of the Receiver Site zone district can not be
satisfied, the Receiver Site must be reviewed and deemed appropriate for rezoning based on
Section 3-220.20 of the Pitkin County Land Use Code prior to any transfers.
C. Preservation Sites Must be Restricted Against All Future Development.
Preservation Sites must be restricted against all future development and recorded against the
property in a form acceptable to the County Attorney.
Ord. #99- / it, Attachment A: Adding PCLUC §3-310, Transfer of Development Rights Page 3
D. Transfers from Certain Preservation Site Locations Limited to Certain
Receiver Sites Locations. Development Rights from a Preservation Site located within the Little
Annie/Richmond Hill, Maroon/Castle, Independence/Lincoln and Woody Creek/Hunter Creek
Planning Areas may only be transferred to a Receiver Site located within the Metro area or the
expanded housing study area of the Aspen Area Community Plan (up valley of Aspen Village).
Development Rights from a Preservation Site located within the Fryingpan Planning Area may
only be transferred to a Receiver Site located within the Non -Metro area of Pitkin County (the
area not included within the Metro area identified in the Aspen Area Community Plan).
E. Aggregation of TDR Rights Permitted on Single Receiver Site. Transferable
development rights may be aggregated from different Preservation Sites for development on a
single Receiver Site, provided that no residential development outside of the Rural/Remote Zone
District shall exceed 15,000 square feet of residential floor area without special review pursuant
to section 3-200.90 of the Pitkin County Land Use Code, or as such maximum residential square
footage may be amended by the Board of County Commissioners from time to time.
F. Incentives for Transfer of Development Rights to Receiver Sites Located
Outside of the Rural/Remote Zone District.
1. Intensity Bonuses for Transfers from Preservation Sites to Receiver Sites
Located Outside of the Rural/Remote Zone District. The transfer of a Development Right
from a Preservation Site to a Receiver Site which is not located in the Rural/Remote Zone District
shall entitle the developer of the Receiver Site to a fifty percent (50%) bonus in gross floor area
on the Receiver Site for every TDR Unit of Development transferred. For every acre that the
Preservation Site exceeds 35 acres, the developer shall be entitled to an additional one percent
(1%) bonus in gross floor area with a cap of an additional thirty-four percent (34%) bonus,
provided that fractions of whole percentages shall not be counted.
2. Receiving Sites Exempt From GMOS. A Receiving Site outside of the
Rural/Remote Zone District which is approved by special approval for development with TDR
Rights shall be exempt from the Growth Management Quota System only where the square
footage transferred equals or exceeds a certain percentage of the total square footage of the entire
unit. The percentage shall be based on the sliding scale below:
The use of one TDR results in one GMQS exempt unit of up to 5000 square feet in size.
Additional square footage may be possible where more than one TDR is used based on the sliding
scale below.
a. Where the total gross floor area of a residential dwelling unit seeking a GMQS
exemption is less than or equal to 5,000 square feet, a GMQS exemption shall be
granted if the square footage transferred to the unit equals or exceeds thirty percent
(30%) of the total square footage of the unit.
b. Where the total gross floor area of a residential dwelling unit seeking a GMQS
exemption is greater than 5,000 square feet but less than or equal to 7,500 square
feet, a GMQS exemption shall be granted if the square footage transferred to the unit
equals or exceeds forty percent (40%) of the total square footage of the unit.
c. Where the total gross floor area of a residential dwelling unit seeking a GMQS
Ord. /Attachment A: Adding PCLUC §3-310, Transfer of Development Rights Page 4
exemption is greater than 7,500 square feet but less than or equal to 10,000 square
feet, a GMQS exemption shall be granted if the square footage transferred to the unit
equals or exceeds forty-five percent (45%) of the total square footage of the unit.
d. Where the total gross floor area of a residential dwelling unit seeking a GMQS
exemption is greater than 10,000 square feet but less than or equal to 12,500 square
feet, a GMQS exemption shall be granted if the square footage transferred to the unit
equals or exceeds forty-eight percent (48%) of the total square footage of the unit.
e. Where the total gross floor area of a residential dwelling unit seeking a GMQS
exemption is greater than 12,500 square feet but less than or equal to 15,000 square
feet, a GMQS exemption shall be granted if the square footage transferred to the unit
equals or exceeds fifty percent (50%) of the total square footage of the unit.
f. Where TDRs are transferred to increase residential square footage above 15,000
square feet pursuant to Section 3-200.90, 5,000 square feet per TDR shall be granted.
3. Receiver Site Mav Vary From Underlying Zone District Bulk Areas
Restrictions Where TDR Rights are Transferred for the Purpose of Increasing Square
Footage Above 15,000 Square Feet. Upon compliance with the special Review Criteria of
section 3-200.90 of the Pitkin County Land Use Code. A Receiver Site may be permitted to vary
from the area and bulk limitations.
The following chart summarizes the GMQS exemption for transfers of TDR Rights to Receiver
Sites located outside of the Rural/Remote Zone District:
EXAMPLES OF GMQS EXEMPTIONS FOR TRANSFERS OF TDR RIGHTS OUTSIDE OF THE
RURAL/REMOTE ZONE DISTRICT
Total Floor Area of Unit Seeking
GMQS Exemption
Minimum Percent Square
Footage from of Transfer
Number of TDRUDs and
Amount of Square Footage
Required for GMQS Exemption
< 5,000 SF
30%
1 TDR/I,500 SF (after bonus)
> 5,000 SF, but < 7,500 SF
40%
2 TDR/3,000 SF (after bonus)
> 7,500 SF, but < 10,000 SF
45%
3 TDR/4,500 SF (after bonus)
> 10,000 SF, but < 12,500 SF
48%
4 TDR/6,000 SF (after bonus)
> 12,500 SF, but < 15,000 SF
50%
5 TDR/7,500 SF (after bonus)
3-310-040 Standards and Criteria for Transfer of Development Rights from a
Preservation Site to a Receiver Site Located Within the Rural/Remote Zone
District.
A. Transfer of Development Rights Requires Approval by Special Review. The
transfer of development rights from a Preservation Site to a Receiver Site located within the
Rural/Remote Zone District shall be approved by special review pursuant to the standards and
criteria of this section, section 3-210-10 and shall be subject to each and every requirement of the
Pitkin County Land Use Code.
B. TDRs Mav be Severed from Preservation Sites for Use Within the Rural/
Remote Zone District for a GMOS Exemption or Aggregation. Upon compliance with all of
Ord. #99-L, Attachment A: Adding PCLUC §3-310, Transfer of Development Rights Page 5
the provisions of this section, TDRs may be severed from Preservation Sites and used within the
Rural/Remote Zone District for:
1. GMOS Exemptions. Based on the standards and criteria of this section, TDRs
may be severed from Preservation Sites and transferred to Receiver Sites located within the
Rural/Remote Zone District to obtain growth management quota system exemptions.
2. Aggregation to Exceed Bulk Area Restrictions. Based on the standards and
criteria of this section, TDRs may be severed from Preservation Sites and transferred to Receiver
Sites located within the Rural/Remote zone district for aggregation purposes to allow for
additional square footage of floor area beyond the bulk area restrictions of the underlying zone
district.
C. Standards and Criteria for the Use of TDRs for GMOS Exemptions. The use
of TDRs for exemptions from the growth management quota system shall be subject to the
standards and criteria of this section and special review pursuant to section 3-210-10.
1. TDRs Severed From Preservation Sites May be Used for a GMOS
Exemption on a Receiver Site Located Within the Rural/Remote Zone District. TDRs may
be severed from Preservation Sites and transferred to Receiver Sites within the Rural/Remote
Zone District to obtain a GMQS exemption. A TDR may be severed from a Preservation Site that
is less than thirty-five acres in size, provided that it was legally created, to create a GMQS
exemption on a Receiver Site within the Rural/Remote Zone District.
2. TDRs Mav Not be Used to Obtain GMOS Exemptions Where Aggregation is
Proposed Within the Rural/Remote Zone District. TDRs shall not be used to obtain
exemptions from growth management where aggregation is proposed within the Rural/Remote
Zone District.
3. Preservation and Receiver Sites Must be Within Same Planning Area.
Preservation Sites must be located within the same planning area where the Receiver Site
proposed for the GMQS exemption is located. The planning areas are defined by Ordinances
#94-16, #95-24, #99-13 and are known as: the Little Annie/Richmond Hill planning area; the
Maroon/Castle planning area; the Independence/Lincoln planning area; the Woody Creek/Hunter
Creek planning area; the Fryingpan planning area; and a Portion of the White River National
Forest Maroon Bells-Snowmass Wilderness Area and the Area Surrounding the Confluence of the
Bulldog and Avalanche Creeks, Including a 40± Acre Parcel Comprised of the Amazon Lode, the
Anderson Lode, the Bunker Hill Lode and the Mascott Lode Mining Claims planning area.
D. Standards and Criteria for the Use of TDRs for Aggregation on Receiver
Sites. The use of TDRs for aggregation on Receiver Sites to exceed the bulk area restriction of
1000 square feet of floor area of the Rural/Remote zone district shall be subject to the standards
and criteria of this section and special review pursuant to section 3-210-10.
1. General Standards and Criteria for Aggregation of TDRs on Receiver Sites.
The following general criteria shall apply to the use of TDRs within the Rural/ Remote zone
district for aggregation on Receiver Sites:
a. TDRs Mav be Used to Aggregate Square Footage Up to 2500 Square Feet. As
defined in the Rural/Remote Zone District, the square footage of floor area permitted in
the zone may be exceeded through the use of TDRs to aggregate square footage on
Ord. #99-C,Attachment A: Adding PCLUC §3-310, Transfer of Development Rights Page 6
Receiver Sites up to 2500 square feet of floor area.
b. Concurrent Approval of Preservation and Receiver Site(s) Required. The
Preservation Sites and Receiver Sites must be approved concurrently for the use of TDRs
for aggregation purposes within the Rural/Remote Zone District.
c. Preservation Sites Must be a Minimum of 105 Contiguous Acres for the Use of
TDRs to Aggregate Square Footage on Receiver Sites. For aggregation to be
considered within the Rural/Remote zone, the proposed Preservation Sites must be a
minimum of 105 contiguous acres in size. The Receiver Site may be any size, provided it
is legally created, and shall not be included in the calculation of the minimum 105 acres
of the Preservation Sites even if the Receiver Site is contiguous to the Preservation Sites.
d. Common Ownership is Required. To be considered for aggregation, the applicant
must own a minimum of 105 contiguous acres of land within the Rural/Remote zone as
of the date of the adoption of this provision. Common ownership as of the date of the
adoption of this provision is also required of both the proposed Receiver and Preservation
Sites where aggregation is requested. Assembly of land under multiple ownership for
purposes of complying with the common ownership requirement shall not be permitted.
e. Preservation and Receiver Sites Must be Within Same Planning Area.
Preservation Sites must be located within the same planning area where the Receiver Site
proposed for aggregation with TDRs is located. The planning areas are defined by
Ordinances #94-16, #95-24, #99-13 and are known as: the Little Annie/Richmond Hill
planning area; the Maroon/Castle planning area; the Independence/Lincoln planning area;
the Woody Creek/Hunter Creek planning area; the Fryingpan planning area; and a
Portion of the White River National Forest Maroon Bells-Snowmass Wilderness Area
and the Area Surrounding the Confluence of the Bulldog and Avalanche Creeks,
Including a 40± Acre Parcel Comprised of the Amazon Lode, the Anderson Lode, the
Bunker Hill Lode and the Mascott Lode Mining Claims planning area.
2. Receiving Sites Must Satisfy Threshold Requirements. In addition to meeting
the requirements of the special review process in Section 3-210.10 of the Pitldn County Land Use
Code, no development shall be authorized using TDRs for aggregation purposes on Receiver
Sites located in a Rural/Remote Zone District unless the following standards and criteria are
satisfied:
a. General Receiver Site Standards and Criteria.
1) The Development and Use of the Receiver Site Shall Result in an Overall
Benefit to the Public and the County. The development of the Receiver Site shall
result in a benefit to the public and the County considering the potential development
of the Preservation Sites preserved from development and the overall goals of the
Rural/Remote Zone District.
2) The Square Footage Proposed for the Receiver Site Shall be Determined at
the Discretion of the Board of County Commissioners Based on the Standards
and Criteria of this Section. The additional square footage allowed through
aggregation, up to a maximum of 2500 square feet of floor area, shall be determined
at the discretion of the Board of County Commissioners based on the standards and
criteria of this section.
Ord. #99-/�t/� Attachment A: Adding PCLUC §3-310, Transfer of Development Rights Page 7
3) The Receiver Site Shall be Deed Restricted Against Any Additional
Development Beyond That Approved Through Special Review. The approval of
a Receiver Site for aggregation through the use of TDRs, and the approval of
additional square footage of floor area than allowed in the Rural/Remote Zone
District, shall require the restriction of the Receiver Site against all future
development. The restriction shall be recorded against the property in a form
approved by the County Attorney.
b. Standards and Criteria Relating to the Location and Characteristics of the
Receiver Site.
1) The Receiver Site Shall be Legally Created. The Receiver Site proposed for
aggregation shall be legally created and is not subject to any minimum acreage,
provided however that no subdivision shall be permitted that creates a parcel fewer
than thirty-five acres in size.
2) The Receiver Site Shall be Developable. As part of the review process, for
approval to be granted for any aggregation, it must be determined that the Receiver
Site is developable pursuant to the Pitkin County Land Use Code. The use of TDRs
shall not be approved if there is no hazard -free building envelope available on the
Receiver Site, nor shall the use of TDRs for aggregation be authorized through the
takings procedure of section 4-150.
3) The Receiver Site Shall be Located Along the Edge of the Rural/Remote
Zone District, in a Transitional or Fringe Rural and Remote Area. Receiver
Sites proposed for aggregation shall be located along the edge of the Rural/Remote
Zone District, in areas that are Transitional or Fringe Rural and Remote areas as that
tern is defined in section 8-1.
4) The Receiver Site Shall Have a GMQS Allocation or Qualify for an
Exemption. The Receiver Site shall obtain a GMQS allocation or qualify for an
exemption prior to or concurrently with the special review of the Receiver Site.
5) The Receiver Site Shall be Within % Mile of an Existing County Roadway.
The Receiver Site shall be within ''A mile of an existing County roadway that does not
require extensive improvement. All roads shall meet minimum 1041 standards, and
otherwise comply with the Code.
c. Standards and Criteria Relating to the Proposed Use and Development of the
Receiver Site.
1) The Proposed Use and Development of the Receiver Site Shall be Consistent
and Compatible With the Intent of the Rural/Remote Zone District. Any
proposed use and development of a Receiver Site shall be consistent and compatible
with the intent of the Rural/Remote Zone District.
2) The Proposed Use and Development of the Receiver Site Shall Not Result in
a Fundamental Change in Character of the Area. The proposed use and
development of the Receiver Site shall consider the character of the lands within the
Rural/Remote Zone District and no proposal shall be approved that is likely to result
Ord. #99-�(,Z, Attachment A: Adding PCLUC §3-310, Transfer of Development Rights Page 8
in a fundamental change of the character of lands zoned Rural/Remote.
3) The Proposed Use and Development of the Receiver Site Shall be
Containable. The proposed use and development of the Receiver Site shall be
containable, and shall not be incompatible with the character of a neighborhood or
area. The proposed use and development of the Receiver Site shall also not promote
sprawl.
4) The Proposed Use and Development of the Receiver Site Shall Not
Negatively Impact or be Highly Visible From Any Forest Service Lands That
are Designated Wilderness Areas. The proposed use and development of the
Receiver Site shall not negatively impact or be highly visible from any designated
Wilderness Areas.
5) The Proposed Use and Development of the Receiving Site Shall Not
Significantly Impact Wildlife. The use and development on Receiver Sites shall not
significantly impact wildlife. No Receiver Site use or development shall be located
in a deer, elk or bighorn sheep winter concentration area, severe winter range or
critical wildlife habitat, or within 1/4 mile of deer and elk migration corridors and
production areas.
6) The Proposed Use and Development of the Receiving Site Shall Not
Significantly Impact Wildlife Habitat. The use and development on Receiver Sites
shall not significantly impact any wildlife habitat. No Receiver Site use or
development shall be located within riparian, shoreland or wetland areas as defined in
the Pitkin County Land Use Code.
3. Preservation Sites Must Satisfy Threshold Requirements. In addition to meeting the
requirements of the special review process in Section 3-210.10 of the Pitkin County Land Use
Code, no development shall be authorized using TDRs for aggregation purposes within the
Rural/Remote Zone District unless the Preservation Sites proposed satisfy the following standards
and criteria:
a. General Preservation Site Standards and Criteria.
1) To lie Eligible for Aggregation a Minimum of 105 Contiguous Acres Held
Under Common Ownership Must be Committed to the Use of TDRs. For
aggregation to be considered within the Rural/Remote Zone District, the applicant
must hold under common ownership a minimum of 105 contiguous acres as of the
date of the enactment of this section. The 105 acres held under common ownership
must be proposed as one Preservation Site and be committed exclusively for the use
of TDRs, and a commitment must be made that no new development will occur on
the entire 105 acre site. For purposes of this section only, and in determining
whether the minimum 105 acres are contiguous, a road under claim of County
ownership, whether the claim is in the form of a fee, prescriptive or easement
interest, shall not interrupt contiguity.
2) TDRs Associated With 105 Contiguous Acres Shall Either be Approved for
Aggregation on Receiver Sites Within the Rural/Remote Zone District or the
TDRs May be Transferred Out of the Rural/Remote Zone District. The TDRs
associated with the 105 acre minimum Preservation Site may be approved for
/ Ord. #99- U, Attachment A: Adding PCLUC §3-310, Transfer of Development Rights Page 9
aggregation purposes on more than one Receiver Site within the Rural/ Remote Zone
District. As the entire 105 acre Preservation Site must be committed to TDRs, if all
three TDRs are not permitted to be used for aggregation within the Rural/Remote
zone, the TDRs will nonetheless be saleable for use outside of the zone district in
accordance with the provisions of this section.
3) TDRs Proposed for Aggregation Purposes Within the Rural/Remote Zone
District Must be Proposed on Preservation Sites at Least 35 Acres in Size.
Preservation Sites that are proposed in connection with a request to use TDRs to
aggregate square footage on a Receiver Site must be a minimum of thirty-five acres
in size. For example, the Preservation Site of a minimum 105 contiguous acres will
result in three (3) TDRs available for transfer. If additional transfers are necessary
beyond the three (3) TDRs severed from the 105 acre Preservation Site, then those
TDRs must be obtained from Preservation Sites at least 35 acres in size.
b. Standards and Criteria Relating to the Characteristics of the Preservation Sites.
1) Potential Development of Proposed Preservation Sites Must Present an
Exceptional Threat to the Integrity and Intent of the Rural/Remote Zone
District. Any Preservation Site proposed in connection with a request to use TDRs
to aggregate square footage on a Receiver Site shall be considered in terms of the
overall benefit to the public and County, including the threat of the development of
the Preservation Site to the integrity and intent of the Rural/Remote Zone District.
2) Preservation Sites Must be Developable. As part of the review process, and as
a prerequisite for approval to be granted, it must be determined that the Preservation
Sites would be developable pursuant to the Pitkin County Land Use Code, except that
a GMQS allocation or exemption shall not be required. TDRs shall not be approved
if development of the Preservation Site would not be permitted under the Code and
the availability of the takings determination procedure in section 4-150 shall not be
considered in determining whether the Preservation Site is developable.
3) Preservation Sites Must be Restricted Against All Future Development.
Preservation Sites must be restricted against all future development in a form
acceptable to the County Attorney.
4. Standards and Criteria for Intensity Bonuses for Aggregation of TDRs on
Receiver Sites Located Within the Rural/Remote Zone District. A transfer of development
rights from a Preservation Site to a Receiver Site located within the Rural/Remote Zone District
shall result in a floor area intensity bonus permitting a higher allowed square footage than that
permitted pursuant to the Rural/Remote Zone District, provided that no development within the
Rural/Remote Zone District shall exceed 2,500 square feet of floor area as floor area is defined by
the Rural/Remote Zone District.
a. Intensity Bonus for Use of TDRs on an Approved Receiver Site. An intensity
bonus, permitting an increase in the allowed square footage of floor area in the
Rural/Remote Zone District shall be allowed on approved Receiver Sites as follows:
# of TDRs Required
Intensity °
Bonus/Square
Ord. #99-/ , Attachment A: Adding PCLUC §3-310, Transfer of Development Rights Page 10
Footage Allowed
0
1000
1
1500
2
2000
4
2500
b. 2500 Square Foot Limitation on Aggregation of TDR Rights on Receiver Sites.
While aggregation of TDR Rights on Receiver Sites is permitted, an aggregated
transfer within the Rural/Remote Zone District shall not in any case exceed two
thousand and five hundred (2,500) square feet of floor area as floor area is defined in
the Rural/Remote Zone District.
3-310-050 RESERVED
3-310-060 Standards and Criteria for Transfer of Development Rights Vested Prior to
the Adoption of the Rural/Remote Zone District
To the extent a Preservation Site has Development Rights which vested prior to the
adoption of the Rural/Remote Zone District, such Development Rights may be severed and
transferred as TDR Rights to Receiver Sites located outside of the Rural/Remote Zone District in
accordance with the procedures set forth in Sections 4-60.95, 4-70.25 and/or 4-80.25 below. In
addition to the standards and criteria set forth in Sections (A) and (B) above, the following
standards and criteria shall apply and supersede said Sections (A) and (B) to the extent of any
conflict.
1. Development Rights Must be Vested Prior to the Adoption of the
Rural/Remote Zone District. To be eligible for transfer pursuant to the provisions of this
Section, Development Rights must be vested as defined by the Pitkin County Land Use Code
prior to the adoption of the Rural/Remote Zone District (November 15, 1995). To the extent
Development Rights exist by virtue of a final, non -appealable court order, such Development
Rights shall also be eligible for severance and transfer as TDR Rights to Receiver Sites.
2. Transfer of Development Rights Limited to Receiver Sites Located Outside
of the RuraURemote Zone District. The transfer of Development Rights pursuant to this
Section shall be limited to Receiver Sites located outside of the Rural/Remote Zone District.
3. Transfer of Development Rights May Potentially Result in a Total Gross
Floor Area Greater Than 15,000 Square Feet. The transfer of Development Rights pursuant to
this Section may be permitted, through the procedures and special review set forth in Section 4-
60.95 below, for residential development which exceeds 15,000 square feet of residential floor
area, or as such maximum square footage may be amended by the Board of County
Commissioners from time to time.
4. Receiving Sites Exempt from GMOS. A Receiving Site outside of the
Ord. #99-/4), Attachment A: Adding PCLUC §3-310, Transfer of Development Rights Page 11
Rural/Remote Zone District which is approved by special review for development with TDR
Rights shall be exempt from the Growth Management Quota System as set forth in Section 3-
150.60(B)(5)(b) above. However, where the total gross floor area of a residential dwelling unit
seeking a GMQS exemption is greater than 15,000 square feet, a GMQS exemption shall only be
granted if the total square footage transferred to the unit equals or exceeds seventy-five percent
(75%) of the total square footage of the residential unit.
Ord. #99-/ ` ; Attachment A: Adding PCLUC §3-310, Transfer of Development Rights Page 12
ATTACHMENT `B"
Repeal and Re-enact Pitkin County Land Use Code, S3-40-115, Rural and Remote
Zone District (Note: this section was recently amended by Ord. No. 98-35) as
follows:
3-40.115 RR RURAL/REMOTE
A. Intent: The intent the Rural/Remote Zone District is to conserve and protect the
natural environment and its resources; to preserve the unique low scale, low density backcountry
character and lifestyle; to minimize environmental degradation; to retain undeveloped areas; and
to allow for limited recreational uses and limited residential development while still preserving
the character of Rural/Remote lands and to allow for the transfer of development rights to areas
that are more appropriate for development. Areas within the Rural/Remote Zone District exhibit
some or all of the following characteristics:
1. Location more than one half mile from winter maintained public roadways.
2. Absence of traditional utility service districts, such as electric, gas and phone.
3. Limited availability or absence of rapid, traditional Pitkin County emergency services.
4. Little or no development exists in the surrounding area.
5. Presence of natural hazard areas or resource areas such as steep slopes, avalanche, high
wildfire areas or important wildlife habitats.
6. Location within subalpine or alpine ecosystems, and/or location at or above 9,000 foot
elevation.
7. Location adjacent to Forest Service or Bureau of Land Management owned properties.
8. Unique backcountry character, including historic resources and isolated lifestyles.
B. Allowed Uses: The following uses are permitted as of right in the Rural/Remote
Zone District.
1. Single family dwelling units, which may take the form of alternative/non-
traditional structures such as domes, yurts, teepees and elevated platforms/treehouses contingent
upon compliance with Uniform Building Code requirements
2. Shared water systems
3. Solar energy collectors for on site residential purposes
4. Wind powered apparatus for on site residential purposes
5. Above ground generators which meet the decibel requirements of the
Environmental Health Department.
6. Gardens outside of the activity envelope up to 2,500 square feet in size.
7. Agricultural operations and practices which were in existence prior to January 2,
1996.
8. Fences which meet Colorado Division of Wildlife standards and are located
outside of critical wildlife habitat as defined by the Pitkin County Land Use Code.
Ord. #99-/ , Attachment B: Amendments to PCLUC §3-40-115, Rural and Remote Zone Page 1
9. Repair of existing fences, regardless of location within wildlife habitat.
10. Termination of noxious weeds (as defined by the Pitkin County Land
Management Department) within and outside of the activity envelope.
11. Home occupations, except home occupations that employ non-residents.
C. Special Review Uses
1. Automobile parking areas which centralize resident parking adjacent to existing
roadways in order to allow alternative access to residences beyond that point (i.e.: skiing, hiking,
snowmobiling, biking)
2. Driveways
3. Helicopter access for construction use only
4. Extractive operations
5. Transfer of development rights to obtain growth management exemptions or
aggregate square footage of floor area within the Rural and Remote zone
6. Commercial recreational uses to be allowed only through special review and,
where appropriate, in conjunction with and coordination with the Forest Service permitting
process
7. Fences which meet Colorado Division of Wildlife standards and are located in
critical wildlife habitat and/or migration corridors as defined by the Code.
8. Individual water supply
9. Individual sewage disposal system
10. Hydro plant to service a single residence
11. Expansion of footprint beyond 500 square feet to a maximum of 1000 square feet
12. Legally created structures, existing prior to January 2, 1996, may be retained
when a new structure is proposed, subject to compliance with one of the following criteria:
a. The structure contains an existing dwelling unit, and either the new or the
existing unit is deed restricted to be occupied by residents, as determined by the Affordable
Housing Guidelines. However, year-round occupancy of the unit shall not be required. The
deed -restricted unit shall be exempt from GMQS competition and scoring, but shall be deducted
from the non -metro area residential quota.
b. The structure is retained as an accessory structure and accommodates accessory
uses only, subject to the definition of "Accessory Use or Accessory Structure" in Article 8 of the
Land Use Code.
Ord. #99- , Attachment B: Amendments to PCLUC §3-40-115, Rural and Remote Zone Page 2
13. Extension of utilities such as electricity, water, sewer, telephone and cable. Such
extensions must comply with special review criteria in Sections 3-210.10 and 3-200.95 of the
Land Use Code.
14. Improvements to existing roadways including, but not limited to, widening,
grading and drainage improvements.
15. Legally created structures pre -dating the enactment of the Rural and Remote
zone district where approval is received to sever a TDR from the property, subject to the
Transferable Development Rights provision in section 3-310.
16. Uses permitted by the Forest Services and also approved through County special
review.
D. Prohibited Uses: The following uses/activities are prohibited in the
Rural/Remote Zone District.
1. Winter maintenance of roadways and driveways, except for access to residential
development sites approved prior to January 2, 1996, which have been historically and
continually served by privately winter maintained driveways or roadways.
2. New accessory structures other than those allowed by Special Review.
3. New roadways.
4. Uses not listed as allowed or special review uses
5. Disturbance of all living native vegetation outside of the activity envelope,
including grasses, forbs, shrubs and trees, except as required for wildfire mitigation. One
standing dead tree per 5 acres shall remain undisturbed, if present, for bird of prey perching and
nesting and for songbird perching and feeding. This provision shall not prohibit the general
gathering of firewood from deadfall, nor does it prohibit the grazing of animals which have
historically grazed the parcel prior to January 2, 1996.
6. Caretaker and Employee Dwelling Units pursuant to Section 3-150.120 and 3-
150.130.
E. Dimensional Requirements: Except as may be permitted by Special Review
pursuant to the provisions of 3-40.115 C., the following dimensional requirements shall apply to
all allowed and special review uses in the Rural/Remote Zone District.
1. Minimum Lot Area - 35 acres
2. Minimum Lot Area Principal Use - 35 acres
3. Maximum Size of Activity Envelope per Principal Use - 0.5 acres
4. Minimum Front Yard Setback - Determined by Special Review
5. Minimum Side Yard Setback - Determined by Special Review
Ord. #99- ! j Attachment B: Amendments to PCLUC §3-40-115, Rural and Remote Zone Page 3
6. Minimum Rear Yard Setback - Determined by Special Review
7. Minimum Lot Width - 400'
8. Maximum Height per Principal Structure - No higher than 20' to the top of ridge
or to the top of the parapet surface of a flat roof.
9. Maximum Footprint per Principal Structure - Not to exceed 500 square feet
without special review approval. In measuring footprint, all dimensions shall be taken from the
outside face of framing or other primary wall members.
10. Decks, porches, etc. - Not to exceed a maximum of 500 square feet, as measured
from the outside face of the material. Structures including, but not limited to, decks, porches, slabs,
patios, and terraces, shall be included in this calculation, and these structures shall be contiguous to
the building footprint.
11. Maximum Allowed Square Footage - Not to exceed 1,000 square feet, except as
may be allowed through special review and the use of TDRs. Below grade space and garage or
carport space are included in the calculation of maximum allowed square footage. Up to 600
square feet of a legally created structure existing prior to January 2, 1996, which is retained
pursuant to special review, shall be excluded from the maximum allowed square footage; square
footage in excess of 600 square feet shall be included in the maximum allowed square footage.
The entire square footage of an historic structure shall be excluded from the maximum allowed
square footage.
12. Platforms/Treehouses - Not to exceed 250 square feet, which is included in the
1000 square foot maximum allowed square footage.
13. Outhouse, storage and mechanical enclosures shall not exceed a total of 160
square feet, which is excluded from the 1000 square foot maximum allowed square footage.
Ord. #99-Attachment B: Amendments to PCLUC §3-40-115, Rural and Remote Zone Page 4
ATTACHMENT "C"
Add to or Amend the Following Definitions of §8-1 of the Pitkin County Land Use
Code, Definitions:
CARRYING CAPACITY. Carrying capacity is a term borrowed from ecology that represents
the upper limit of population growth that can be achieved in a particular area when individuals are
introduced into that area. Carrying capacity is used in determining the potential of an area to
absorb development. Specifically, the term includes, but is not limited to: (1) the level of land
use, human activity, or development for a specific area that can be accommodated permanently
without an irreversible change in the quality of air, water, land or plant and animal habitats; (2)
the upper limits of development beyond which the quality of human life, health, welfare, safety,
or community character within an area will be impaired; (3) the maximum level of development
allowable under current zoning considering the carrying capacity of the land from a physical and
character based perspective.
CHARACTER. Character means the distinct physical characteristics of a structure or area that
set it apart from its surroundings and contribute to its individuality. Specifically with respect to
structures, character means the density, height, coverage, setback, massing, fenestration, materials
and scale of materials. With respect to an area, character means the nature of the area in terms of
intensity of the use using the terms rural, suburban or urban.
COMPATIBLE. Compatible means capable of existing together without conflict or ill effects.
Specifically with respect to structures, compatible means consistent with, harmonious with,
similar to and/or enhances the mixture of complimentary architectural styles, either of an
individual structure of the character of the surrounding structures.
CONTAINABLE DEVELOPMENT. Containable development means development that will
not fundamentally change or be incompatible with the character of a neighborhood or area.
Containable development is also development that does not promote sprawl and which can be
confined (or held) within its area.
FUNDAMENTAL CHANGE IN CHARACTER. A fundamental change in character means
that the development proposed is likely to result in a change in the character of an area so
fundamental that its classification as rural, suburban or urban will change. For example, a
proposed development that would likely transform an area from rural to suburban, rural to urban
or suburban to urban classification, would result in a fundamental change in character of the area.
RURAL. Rural means country -like or agricultural. Rural areas are generally characterized by
large open spaces, lower density residential development and agricultural uses.
SPRAWL. Sprawl is the continuous, haphazard, uncoordinated development outside of an urban
area that does not provide or properly plan for concentration of more intense uses and the
efficient and economical provision of public facilities and urban services. Sprawl development
tends to promote additional development, especially in connection with the provision of public
facilities and urban services.
SUBURBAN. Suburban means a predominantly low -density residential area and/or small-scale
commercial area located immediately outside of and physically and socio-economically
associated with an urban area, municipality or a city.
Ord. #991_, Attachment C: Amendments to PCLUC §8-1, Definitions Page 1
TRANSITIONAL OR FRINGE RURAL AND REMOTE AREA. A transitional or fringe
Rural and Remote area means an area of land that is zoned Rural/Remote, but should be
considered a "transitional" or "fringe" Rural/Remote property because: (1) it does not meet all of
the characteristics identified in the intent section of Rural and Remote zone district; (2) it is
located in close proximity to existing residential development that is more suburban in character;
and (3) it is located within % mile of another zone district that allows residential uses of a greater
density (in terms of numbers of units allowed per acre) and intensity (in terms of square footage
of floor area allowed) than the Rural and Remote zone.
URBAN. Urban means of, relating to, characteristic of, or constituting a municipality or city.
Urban areas are generally characterized by moderate and higher density residential development,
commercial development and industrial development.
Ord. #99/ V , Attachment C: Amendments to PCLUC §8-1, Definitions Page 2
ATTACHMENT "D"
Repeal and Re-enact Section 3-150-160, Metro and Non -Metro Area Growth
Management Ouota System Exemptions, Transfer of Development Rights, to the
Pitkin County Land Use Code as follows (NOTE: this section is currently being
amended through another ordinance in connection with use of TDRs to exceed
15,000 square feet):
3-150-160 Transfer of Development Rights
The transfer of development rights (TDRs) from Preservation Sites located in the
Rural/Remote Zone District may provide an exemption from the growth management
quota system subject to compliance with the standards and criteria of section 3-310.
Ord. #99-attachment D: Amendments to PCLUC §3-150-160, Transfer of Development Rights Page 1