HomeMy WebLinkAboutpitkin.planning.273536400001 (2)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and /or P &Z
Ordinance for the BOCC and /or P &Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (11x17)
Parcel ID: 2735- 36 -4 -00 -001 Application Date: 4/11/12 Case No: P035 -12
Description: Castle Creek Investors Code Amendment Planner: Suzanne Wolff
# Copies: 15
Allocated Hours: 5
Project Address: 0 MIDNIGHT MINE RD, ASPEN, CO 81611 % Over Hours: 6
Property Owner: CASTLE CREEK INVESTORS Address: 1490 SILVERKING DR
INC ASPEN, CO 81611
Owner's REP: DOUG PRATTE
Address: PO BOX 107
BASALT, CO 81621
REP's Email: landstudio2 @comcast.net
GOM
Referrals: Other Referrals:
Comments Due Date:
Meetings:
7st Meeting:
2nd Meeting:
Meeting Date:
06/05/2012
08/08/2012
Review Body:
p &z
bocc
Public Hearing?
no
yes
Notice Date
07105/2012
Meeting Notes: full ord pn
Approvals:
BOCC Resolution #: 021 -2012 NR P &Z Determination #:
BOCC Ordinance #: HO Determination #:
Admin Determination #:
Other Information:
VR Approval Date: Plat Recorded Date:
VR Expires Date: Plat (Bk, PG): n/a
Remarks: no vesting
TDR Rights #569263
Application Type: Code Amendment
Owner Phone:
REP's Phone: (970) 927 -3690
3rd Meeting:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, AMENDING THE FOLLOWING SECTION OF THE 2006
PITKIN COUNTY LAND USE CODE, TITLE 8 OF THE PITKIN COUNTY CODE:
SECTION 6- 50- 20(c)(4), REDUCTION OF VISIBLE MASS
Ordinance No. 0,4 / —2012
RECITALS
1. Castle Creek Investors, Inc. ( "Applicants ") has applied to the Board of County Commissioners
of Pitkin County, Colorado ( "BOCC ") to amend Sec. 6- 50- 20(c)(4) of the 2006 Land Use Code, the
"Reduction of Visible Mass" category in the residential growth management scoring system, to
award the maximum score of 6 points for new lots /parcels in the Rural Remote ( "RR ") zone
district.
2. The Pitkin County Planning and Zoning Commission considered the proposed code amendment
at a regularly scheduled meeting on June 5, 2012, and recommended approval by a vote of 4 -0.
3. The BOCC considered the proposed code amendment at a regular meeting on first reading on
August 25, 2012, and voted to approve the proposed amendment on second reading at a duly
noticed public hearing on August 8, 2012.
4. The BOCC finds that the proposed code amendment is consistent with the applicable provisions
of the Code.
NOW, THEREFORE, BE IT ORDAINED by the BOCC that it hereby amends Title 8 of
the Pitkin County Code, the Land Use Code, to amend Sec. 6- 50- 20(c)(4) as follows in Attachment
A.
NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 26`h day
of July, 2012.
INTRODUCED AND FIRST READ on the 25th day of July, 2012.
APPROVED AND ADOPTED AFTER SECOND READING AT A PUBLIC
HEARING on the 8th day of August, 2012.
L PUBLISHED AFTER ADOPTION in the Aspen Times Week1X on the �r day of
vs t_, 2012.
THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION
FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS.
Ordinance No -441 2012
Page 2
T:
Jones, Clerk to the BOCC
AS TO FORM:
Ely, C orney
P035 -12
PID 273536400001
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By1�
Michael M. Owsley, Chai 4 n
Date 151-'S -
APPROVED AS TO CONTENT:
Cindy Houben,
Community Development Director
ATTACHMENT A
Section 6- 50- 20(c)(4):
(4) Reduction of Visible Mass (Only applies to developments within the Rural
Area) *Note: An applicant can receive a score of zero (0) in this category and not
be in violation of the Land Use Code.
Considering the extent to which the development proposed is less than the
allowable floor area allowed on the property by the underlying zone district;
utilizes some of its allowed floor area to develop sub -grade space; or is below the
allowable height of the underlying zone district.
Points shall be awarded according to the following schedule„ Applicants for a new Deleted:
lot or parcel in the Rural Remote zone district shall receive the maximum score of six (6)
points in this category.
TABLE 6-6:
P0jIItS SCIledUIC for Reduction
Final Maximum Floor
oI'\isibIc'.VIass
Sub -Grade Floor Area
Height
Area
(see note 2)
(see note 3)
(see note 1
0 Points
Final maximum floor
Less than 20% of the
Proposed structure(s)
area is limited to more
requested floor area
limited to less than
than 75% of that
would be built sub-
15% below the
potentially available to
grade.
maximum allowable
the property.
height.
I Point
Final maximum floor
At least 20% of the
Proposed structure(s)
area is limited to no
requested floor area
limited to at least 15%
more than 75% of that
will be built sub - grade.
below the maximum
potentially available to
allowable height.
the property,
2 Points
Final maximum floor
At least 30% of the
Proposed structure(s)
(Note 4)
area is limited to no
requested floor area
limited to at least 30%
more than 55% of that
will be built sub - grade.
below the maximum
potentially available to
allowable height.
the property.
Notes:
1. This calculation is based on the final maximum floor area that is potentially allowed
on the property by the underlying zone district, as specified in Table 5 -1.D. See Sec. 5-
20-70 for rules governing measurement of floor area.
2. To qualify as sub - grade, the space must meet the requirements for exempt sub -grade
space in Sec. 5- 20- 70(g)(1).
3. To receive points in this category, no portion of any proposed structure can measure
above the stated height limit.
4. Applicants may score points in each of the three categories described in this section,
up to a maximum of 6 points (2 points in each category).
X11, 4 III-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO, AUTHORIZING THE CHAIR TO EXECUTE
THE NECESSARY DOCUMENTS TO CONVEY TO CASTLE CREEK
INVESTORS, INC., THE COUNTY'S INTEREST IN THE TRANSFERABLE
DEVELOPMENT RIGHTS ASSOCIATED WITH THE 87, THE UNCLE SAM
AND THE LAST RESORT MINING CLAIMS AND TO ACCEPT CASTLE
CREEK INVESTORS, INC., INTEREST IN THE UNCLE SAM AND LAST
RESORT MINING CLAIMS
ORDINANCE NO.' &`Y- !- - 2001
1. Pitkin County (the "County ") shares ownership of the 87 Lode mining
claim U.S.M.S. #6116, the Uncle Sam Lode U.S.M.S. #7675 and the Last Resort Lode
mining claim U.S.M.S. #6428, (the "Mining Claims ") in the Highlands Mining District
with Castle Creek Investors Inc. ( "CCI "). The County owns approximately seventeen
percent (17 %), on average, undivided interest in the three mining claims.
2. The Mining Claims are zoned Rural and Remote under the Pitkin County
Land Use Code and have been deed restricted against development in exchange for the
issuance of TDR certificates. One certificate has been issued for each of the mining
claims.
3. CCI has approached the County with a proposal to acquire the County's
interest in TDR certificates. The offer from CCI is to acquire the County's interest in the
three TDRs is for a total of $150,000.00, $50,000.00 for each of the three TDR
certificates. Further, CCI proposes to convey to the County all of its interest in the Uncle
Sam and Last Resort mining claims.
4. This offer is contingent upon the TDR certificates being received by
properties outside the Rural and Remote Zone District.
NOW THEREFORE, be it ordained by the Board of County Commissioners of
Pitkin County, Colorado that the Board of County Commissioners authorizes the Chair to
execute the necessary cuments, as approved by the County Attorney, to effect the sale
of the County's inter in each of the three TDR certificates for $50,000.00 each, to
accept CCI's interest in the Uccle —Blam and Last Resort Mining claims by special
warranty deed, and to provide t at the TDR certificates shall be received by properties
outside the Rural and Remote Zone District.
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON
THE 11TH DAY OF JULY, 2001.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND
EDITION OF THE ASPEN TIMES ON 21" DAY OF JULY, 2001.
11111111111111111 �111 1111111111111111111111111111111 0; 1263 of 02:54F
SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00
rrn a .n
Ordinance No. - 2001
Page 2
APPROVED UPON SECOND READING AND PUBLIC HEARING ON
THE 8th DAY OF AUGUST, 2001
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE 18th DAY OF AUGUST, 2001.
ATTEST:
APPROVED AS TO FORM:
John t , y Attorney
I /ordskd [dr ord.doc
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By: `7', 4 -CAS (o')
Michael C. IreldAd Chair
Date: 08_ 10 -0 (
Hilary FlUcher Smith, CounTy Manager
IIIIIIIIIIIINIIIIIIIIIIIIIIIIIYIIIIIIIIIIIIIIIIIIIIIIIO 0/926 00 2:54F
AGENDA ITEM SUMMARY
TO: Board of County Commissioners
Regular Meeting — August 8, 2012
1A
H
TRU: Cindy Houb~en, Community Development Director
FROM: Suzanne Wolff, Senior Planner
RE: Castle Creek Investors, Inc. Land Use Code Amendment, Second Reading
BRIEF SUMMARY OF REQUEST: The Applicant has proposed to amend Sec. 6- 50- 20(c)(4) of the
2006 Land Use Code ( "Code "), the "Reduction of Visible Mass" category in the residential growth
management scoring system, to award the maximum score of 6 points for new lots /parcels in the Rural
Remote ( "RR ") zone district.
The BOCC approved the code amendment on first reading on July 25, 2012. The BOCC directed staff to
bring the revised language back to the Planning Commission for consideration and recommendation, prior to
second reading.
The Planning Commission considered the revised language on July 31, 2012, and recommended approval by
a vote of 4 -0.
APPLICANTS: Castle Creek Investors, Inc.
REPRESENTATIVE: Mike Hoffman and Doug Pratte
STAFF COMMENTS:
The BOCC approved the addition of the following language to Sec. 6- 50- 20(c)(4):
Applicants for a fie ", lot or parcel in the Rural Remote zone district shall receive the maxin711117
score ofsix (6) points in this category.
The Planning Commission reconsidered their prior recommendation, and agreed to support the language
approved by the BOCC. The Ordinance has been amended to include this language.
RECOMMENDATION: The Planning Commission recommends that the BOCC adopt a motion to
approve an amendment to Sec. 6- 50- 20(c)(4) of the Code on second reading, pursuant to the attached
Ordinance.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, AMENDING THE FOLLOWING SECTION OF THE 2006 PITKIN COUNTY
LAND USE CODE, TITLE 8 OF THE PITKIN COUNTY CODE:
SECTION 6- 50- 20(c)(4), REDUCTION OF VISIBLE MASS
Ordinance No. -2012
RECITALS
1. Castle Creek Investors, Inc. ( "Applicants) has applied to the Board of County Commissioners of Pitkin
County, Colorado ( "BOCC ") to amend Sec. 6-50-20(c)(4) of the 2006 Land Use Code, the "Reduction of
Visible Mass" category in the residential growth management scoring system, to award the maximum score
of 6 points for new lots /parcels in the Rural Remote ( "RR ") zone district.
2. The Pitkin County Planning and Zoning Commission considered the proposed code amendment at a
regularly scheduled meeting on June 5, 2012, and recommended approval by a vote of 4 -0.
3. The BOCC considered the proposed code amendment at a regular meeting on first reading on August
25, 2012, and voted to approve the proposed amendment on second reading at a duly noticed public hearing
on August 8, 2012.
4. The BOCC finds that the proposed code amendment is consistent with the applicable provisions of the
Code.
NOW, THEREFORE, BE IT ORDAINED by the BOCC that it hereby amends Title 8 of the
Pitkin County Code, the Land Use Code, to amend Sec. 6- 50- 20(c)(4) as follows in Attachment A.
2012.
NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 26`h day of July,
INTRODUCED AND FIRST READ on the 25`' day of July, 2012.
APPROVED AND ADOPTED AFTER SECOND READING AT A PUBLIC HEARING on
the 80' day of August, 2012.
PUBLISHED AFTER ADOPTION in the Aspen Times Weekly on the day of ,
2012.
THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION
FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS.
Ordinance No.
Page 2
ATTEST:
-2012
Jeanette Jones, Clerk to the BOCC
APPROVED AS TO FORM:
John Ely, County Attorney
P035 -12
PID 273536400001
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
li 3
Michael M. Owsley, Chairman
Date
APPROVED AS TO CONTENT:
Cindy Houben,
Community Development Director
A
l`+) Keauction of visiwe mass (uniy applies to developments within the Rural
Area) *Note: An applicant can receive a score of zero (0) in this category and not
be in violation of the Land Use Code.
Considering the extent to which the development proposed is less than the
allowable floor area allowed on the property by the underlying zone district;
utilizes some of its allowed floor area to develop sub -grade space; or is below the
allowable height of the underlying zone district.
Points shall be awarded according to the following schedule:_ Applicants for a new
lot or parcel in the Rural Remote zone district shall receive the maximum score of six (6)
points in this categry.
Final Maximum Floor
Area
(see note 1)
0 Points
Final maximum floor
area is limited to more
than 75% of that
potentially available to
the property.
1 Point
Final maximum floor
area is limited to no
more than 75% of that
potentially available to
the property.
2 Points
Final maximum floor
(Note 4)
area is limited to no
more than 55% of that
potentially available to
the property.
Sub -Grade Floor Area I Height
(see note 2) (see note 3)
Less than 20% of the
requested floor area
would be built sub -
grade.
At least 20% of the
requested floor area
will be built sub - grade.
At least 30% of the
requested floor area
will be built sub - grade.
Proposed structure(s)
limited to less than
15% below the
maximum allowable
Proposed structure(s)
limited to at least 15%
below the maximum
allowable height.
Proposed structure(s)
limited to at least 30%
below the maximum
allowable height.
Notes:
1. This calculation is based on the final maximum floor area that is potentially allowed
on the property by the underlying zone district, as specified in Table 5 -1.D. See Sec. 5-
20-70 for rules governing measurement of floor area.
2. To qualify as sub - grade, the space must meet the requirements for exempt sub -grade
space in Sec. 5- 20- 70(g)(1).
3. To receive points in this category, no portion of any proposed structure can measure
above the stated height limit.
4. Applicants may score points in each of the three categories described in this section,
up to a maximum of 6 points (2 points in each category).
MEMORANDUM
TO: Pitkin County Planning and Zoning Commission
FROM: Suzanne Wolff, Senior Planner
RE: Castle Creek Investors Inc. Land Use Code Amendment — Residential Growth Management
Scoring Criteria
DATE: July 31, 2012
BRIEF SUMMARY OF REQUEST: The Applicant has proposed to amend Sec. 6- 50- 20(c)(4) of the 2006
Land Use Code ("Code"), the "Reduction of Visible Mass" category in the residential growth management
scoring system, to award the maximum score of 6 points for new lots /parcels in the Rural Remote ( "RR"") zone
district.
The Planning Commission considered the request on June 5, and forwarded a recommendation of approval to
the BOCC (minutes attached). The BOCC approved the code amendment on first reading on July 25 with
changes to the language proposed by the Planning Commission, based on staff's recommendation. The BOCC
directed staff to bring the revised language to the Planning Commission for review prior to second reading,
which is scheduled on August 8. The staff packet to the BOCC is attached for reference, and the proposed
change is discussed below.
PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning Commission is charged
with making a recommendation to the BOCC for this request.
APPLICANTS: Castle Creek Investors Inc.
REPRESENTATIVES: Mike Hoffman and Doug Pratte
APPLICANT'S REQUEST: The Applicant proposed to amend Sec. 6- 50- 20(c)(4) of the 2006 Land Use
Code ("Code "), the "Reduction of Visible Mass" category in the residential growth management scoring
system, to award the maximum score of 6 points for new lots /parcels in the RR zone district.
Staff agreed with the Applicant that it is appropriate to automatically award the maximum score of 6 points in
this category for new lots /parcels in the RR zone district. The limitations on maximum floor area and building
height in the RR zone district have been effective in minimizing environmental impacts and preserving the
backcountry character. Staff does not believe that it is necessary to try to obtain further limitations on visible
mass in the RR zone district through the growth management competition.
Staff proposed the following language:
Applicants for a new lot or parcel in the Rural Remote zone district shall receive the nuzrinnmr score of
six (6) points in this category.
The Planning Commission suggested that the maximum score should only be automatically granted if the
development is not visible from the rights -of -way designated in the Code in the Scenic View Protection Area
provision. Based on this recommendation, the language was amended as follows:
Icy
If the development proposed is in the Rural Remote .:one district and is not risible from the rights -
of -wav designated in Sec. 7- 20- 120(6)(1), then the applicant shall receive the maximum score of six
(6) points in this category. If the development proposed is in the Rural Remote zone district and is
visibleAmin the designated rights- of- tt,ay, then the development shall be scored based on the point
schedule.
In further discussions subsequent to the Planning Commission hearing, staff determined that it may not be
appropriate to link the "Reduction of Visible Mass" criteria to whether or not the development is visible from
designated rights -of -way. As with all of the growth management scoring criteria, the "Reduction of Visible
Mass" criteria is intended to exceed the standards of the Code in order to encourage exceptional new
development. The "visibility" in the scoring criteria is not limited to what can be seen from designated rights -
of -way, but applies more broadly. Therefore, staff does not feel that it is appropriate to utilize the designated
rights -of -way as a threshold. Staff prefers the prior language that simply acknowledges that a Reduction of
Visible Mass is not applicable to properties in the Rural Remote zone district by granting the maximum score
available, which is shown above in the staff proposal.
The BOCC agreed with staff's concern, and approved the language proposed by staff on first reading. Staff is
requesting that the Planning Commission reconsider their prior recommendation and support the language
proposed by staff.
RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of an
amendment to Sec. 6- 50- 20(c)(4) of the Code as follows to provide a score of six points in the Reduction of
Visible Mass scoring criteria for applicants for a development right for a new lot/parcel in the RR zone district.
(4) Reduction of Visible Mass (Only applies to developments within the Rural Area)
*Note: An applicant can receive a score of zero (0) in this category and not be in
violation of the Land Use Code.
Considering the extent to which the development proposed is less than the allowable
floor area allowed on the property by the underlying zone district; utilizes some of its
allowed floor area to develop sub -grade space; or is below the allowable height of the
underlying zone district. Points shall be awarded according to the following
schedule : -.__,Artplicant_s_li�r r ntN� lot orpar-ccl_in_tlrc_IZural Kcit7+ tc_�on�_eli;trict sltall rceme
the_maxintrim "Core of six_Lt�}�x�ints in this catcuor\
Z
Final Maximum Floor
Area
(see note 1)
0 Points
Final maximum floor
area is limited to more
than 75% of that
potentially available to
the property.
1 Point
Final maximum floor
area is limited to no
more than 75% of that
potentially available to
the property.
2 Points
Final maximum floor
(Note 4)
area is limited to no
more than 55% of that
potentially available to
the Dronertv.
Sub -Grade Floor Area I Height
(see note 2) (see note 3)
Less than 20% of the
requested floor area
would be built sub -
grade.
At least 20% of the
requested floor area
will be built sub - grade.
At least 30% of the
requested floor area
will be built sub -grade
Proposed structure(s)
limited to less than
15% below the
maximum allowable
height.
Proposed structure(s)
limited to at least 15%
below the maximum
allowable height.
Proposed structure(s)
limited to at least 30%
below the maximum
allowable height.
Notes:
1. This calculation is based on the final maximum floor area that is potentially allowed
on the property by the underlying zone district, as specified in Table 5 -1.D. See Sec. 5-
20-70 for rules governing measurement of floor area.
2. To qualify as sub - grade, the space must meet the requirements for exempt sub -grade
space in Sec. 5- 20- 70(g)(1).
3. To receive points in this category, no portion of any proposed structure can measure
above the stated height limit.
4. Applicants may score points in each of the three categories described in this section,
up to a maximum of 6 points (2 points in each category).
It
AGENDA ITEM SUMMARY
TO: Board of County Commissioners
Regular Meeting - July 25, 2012
THRU: Cindy Hot 0�onm'm-'unity Development Director
FROM: Suzanne Wolff, Senior Planner
RE: Castle Creek Investors, Inc. Land Use Code Amendment, First Reading
BRIEF SUMMARY OF REQUEST: The Applicant has proposed to amend Sec. 6- 50- 20(c)(4) of the
2006 Land Use Code ( "Code "), the "Reduction of Visible Mass" category in the residential growth
management scoring system, to award the maximum score of 6 points for new lots /parcels in the Rural
Remote ( "RR ") zone district.
The Planning Commission recommended approval by a vote of 4 -0. The staff memo to the Planning
Commission and the meeting minutes are attached for reference.
APPLICANTS: Castle Creek Investors, Inc.
REPRESENTATIVE: Mike Hoffman and Doug Pratte
BACKGROUND: The Applicant requested a growth management allotment of 1,000 square feet for a
single family residence on a proposed 35+ acre parcel in the RR district. The Applicant also requested to
establish an activity envelope on the new parcel. The Applicant proposed to divide the 35+ acre parcel
from the larger parcel upon the County's grant of a growth management allotment, pursuant to CRS § 30-
28-101(10)(b). The Planning and Zoning Commission scored the application on February 14, 2012, and
the application did not meet the threshold to be eligible for a growth management allotment. The
Applicant appealed the scoring. The appeal is pending for consideration by the BOCC concurrent with
this request to amend the Code.
APPLICANT'S REQUEST: The Applicant has proposed to amend Sec. 6- 50- 20(c)(4) of the 2006 Land
Use Code ( "Code "), the "Reduction of Visible Mass" category in the residential growth management
scoring system, to award the maximum score of 6 points for new lots /parcels in the RR zone district. The
Applicant was not awarded any points in this category, as no reduction in floor area or height was proposed,
nor was any floor area limited to subgrade.
The Applicant states, "As the GMQS currently exists, it is essentially impossible for an applicant seeking a
development right for a newly created lot to achieve minimum threshold for property located in the RR zone
district if the application does not include drastic reductions in floor area, development above grade, and
building height. The maximum floor area for a 35 -acre lot in the RR zone district is 1,000 SF and the
maximum building height is 20'. These limitations on building height and floor area of the principal
structure are the most restrictive of all zone districts in Pitkin County and occurred when the property was
rezoned to Rural Remote in 1995." The Applicant asserts that imposing even more severe building
1
1
restraints in order to qualify for a growth management allotment "goes too far in limiting the rights of an
owner in the RR zone district to utilize his or her property."
STAFF COMMENTS: Staff agreed with the Applicant that it is appropriate to automatically award the
maximum score of 6 points in this category for new lots /parcels in the RR zone district. The limitations on
maximum floor area and building height in the RR zone district have been effective in minimizing
environmental impacts and preserving the backcountry character. Staff does not believe that it is necessary
to try to obtain further limitations on visible mass in the RR zone district through the growth management
competition.
The Applicant proposed to add the following statement to Sec. 6- 50- 20(c)(4):
In the event that the development is in the Rural Remote zone district, all newly created lots with
1, 000 SF of above grade residential floor area and a maximum height of 20' will receive the
maximum score of 6 points (2 points in each category).
Staff proposed the following alternative language:
Applicants for a new lot or parcel in the Rural Remote zone district shall receive the maximum
score of six (6) points in this category.
The Planning Commission suggested that the maximum score should only be automatically granted if the
development is not visible from the rights -of -way designated in the Code in the Scenic View Protection
Area provision. Based on this recommendation, the language has been amended as follows (this language is
included in the attached Ordinance):
If the development proposed is in the Rural Remote zone district and is not visible from the
rights -of -way designated in Sec. 7- 20- 120(b)(1), then the applicant shall receive the maximum
score of six (6) points in this category. If the development proposed is in the Rural Remote zone
district and is visible from the designated rights -of -way, then the development shall be scored
based on the point schedule.
In further discussions subsequent to the Planning Commission hearing, staff determined that it may not be
appropriate to link the "Reduction of Visible Mass" criteria to whether or not the development is visible
from designated rights -of -way. As with all of the growth management scoring criteria, the "Reduction of
Visible Mass" criteria is intended to exceed the standards of the Code in order to encourage exceptional new
development. The "visibility" in the scoring criteria is not limited to what can be seen from designated
rights -of -way, but applies more broadly. Therefore, staff does not feel that it is appropriate to utilize the
designated rights -of -way as a threshold. Staff prefers the prior language that simply acknowledges that a
Reduction of Visible Mass is not applicable to properties in the Rural Remote zone district by granting the
maximum score available, which is shown above in the staff proposal.
RECOMMENDATION: The Planning Commission recommend that the BOCC adopt a motion to
approve an amendment to Sec. 6- 50- 20(c)(4) of the Code on first reading and set for second reading on
August 8, 2012, pursuant to the attached Ordinance. Staff recommends that the BOCC amend the
Ordinance to replace the revised language with the following:
2
Applicants for a new lot or parcel in the Rural Remote zone district shall receive the maximum
score of six (6) points in this category.
Attachments
1) PZ Minutes 6/5/12
2) Staff Memo to PZ 6/5/12
3
/1W. (
COUNTY PLANNING AND ZONING COMMISSION
REGULAR MEETING
TUESDAY, JUNE 5, 2012
SISTER CITIES MEETING ROOM, CITY HALL
Commissioners Present: Staff Present:
John Howard Lance Clarke
Michelle Bonfils Thibeault Cindy Houben
Ben Genshaft Suzanne Wolff
Monty Thompson Ellen Sassano
I. CALL TO ORDER: Chairman Howard called the Planning and Zoning Commission meeting to
order at 5:00 P.M.
II. COMMENTS:
A. COMMISSIONERS:
B. PLANNING STAFF: Mr. Clarke updated the Commissioners on appointments: Monty
has been appointed as a regular member and two new alternates have been appointed:
Lexi McNutt and James Veshancey. Mr. Clarke will send bios of the new members to
the Commissioners.
C. PUBLIC:
III. MINUTES: May 1, 2012
May 1, 2012, minutes approved by a unanimous vote.
IV. NEW BUSINESS:
1. CASTLE CREEK INVESTORS CODE AMENDMENT
STAFF: SUZANNE WOLFF
➢ Applicant: Castle Creek Investors Inc.
➢ Applicant's Representatives: Mike Hoffman and Doug Pratte
➢ Summary of Request: The Applicant has proposed to amend Sec. 6 -50 -20 (c)(4) of the
2006 Land Use Code ( "Code "), the "Reduction of Visible Mass" category in the
residential growth management scoring system, to award the maximum score of 6 points
for new lots /parcels in the Rural Remote ( "RR ") zone district.
Ll
Mike Hoffman stated that it is impossible for a lot/parcel in Rural Remote to meet the growth
management threshold with the current criteria. He provided some background on growth management
and the rezoning to Rural Remote. He noted that in Rural Remote to get the maximum of 2 points for a
reduction in maximum floor area, the residence would be limited to 550 square feet. He added that the
combination of the Rural Remote restrictions and growth management regulations makes development
too burdensome.
Doug Pratte submitted a matrix of growth management scoring and explained that even with 6 points
automatically awarded in the Reduction of Visible Mass category for lots /parcels in Rural Remote that the
applicants will still have to meet 90% of the potential maximum scoring criteria in order to meet
threshold.
Commissioner Howard asked if this change will make it too easy for properties in Rural Remote to
compete in growth management. Staff explained that the scoring process will still be challenging for
those properties.
Commissioner Genshaft questioned if automatically awarding 6 points is the right method. Ms. Wolff
noted that an alternative would be to lower the threshold for Rural Remote and not score those properties
in the Visible Mass category. Mr. Clarke suggested that a property could be eligible for the maximum
number of points if it is not visible from a designated County scenic road, but that if the property is
visible, then it should be scored based on the criteria. The Commissioners supported this suggestion, with
the exception of Commissioner Thompson, who preferred the automatic awarding of points to all new
lots /parcels in Rural Remote.
Commissioner Genshaft moved to recommend approval to the BOCC of the CASTLE
CREEK INVESTORS CODE AMENDMENT, with the revisions discussed.
Commissioner Thibeault seconded. Chairman Howard called the question, and the
motion passed 4 to 0.
6�
49.:-
TO: Pitkin County Planning and Zoning Commission
FROM: Suzanne Wolff, Senior Planner
RE: Castle Creek Investors Inc. Land Use Code Amendment — Residential Growth Management
Scoring Criteria
DATE: June 5, 2012
BRIEF SUMMARY OF REQUEST: The Applicant has proposed to amend Sec. 6- 50- 20(c)(4) of the 2006
Land Use Code ( "Code "), the "Reduction of Visible Mass" category in the residential growth management
scoring system, to award the maximum score of 6 points for new lots /parcels in the Rural Remote ( "RR ") zone
district.
PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning Commission is charged
with making a recommendation to the BOCC for this request.
APPLICANTS: Castle Creek Investors Inc.
REPRESENTATIVES: Mike Hoffman and Doug Pratte
BACKGROUND: The Applicant requested a growth management allotment of 1,000 square feet for a single
family residence on a proposed 35+ acre parcel in the RR district. The Applicant also requested to establish
an activity envelope on the new parcel. The Applicant proposed to divide the 35+ acre parcel from the
larger parcel upon the County's grant of a growth management allotment, pursuant to CRS § 30-28 -
101(10)(b). The Planning and Zoning Commission scored the application on February 14, 2012, and the
application did not meet the threshold to be eligible for a growth management allotment. The Applicant
appealed the scoring. The appeal is pending for consideration by the BOCC concurrent with this request to
amend the Code.
APPLICANT'S REQUEST: The Applicant has proposed to amend Sec. 6- 50- 20(c)(4) of the 2006 Land Use
Code ( "Code "), the "Reduction of Visible Mass" category in the residential growth management scoring
system, to award the maximum score of 6 points for new lots /parcels in the RR zone district. The Applicant
was not awarded any points in this category, as no reduction in floor area or height was proposed, nor was any
floor area limited to subgrade.
The Applicant states, "As the GMQS currently exists, it is essentially impossible for an applicant seeking a
development right for a newly created lot to achieve minimum threshold for property located in the RR zone
district if the application does not include drastic reductions in floor area, development above grade, and
building height. The maximum floor area for a 35 -acre lot in the RR zone district is 1,000 SF and the
maximum building height is 20'. These limitations on building height and floor area of the principal structure
are the most restrictive of all zone districts in Pitkin County and occurred when the property was rezoned to
Rural Remote in 1995." The Applicant asserts that imposing even more severe building restraints in order to
qualify for a growth management allotment "goes too far in limiting the rights of an owner in the RR zone
district to utilize his or her property."
bca n ned
5'31I1Z_
C-; 3 t�p
Staff agrees with the Applicant that it is appropriate to automatically award the maximum score of 6 points in
this category for new lots /parcels in the RR zone district. The limitations on maximum floor area and building
height in the RR zone district have been effective in minimizing environmental impacts and preserving the
backcountry character. Staff does not believe that it is necessary to try to obtain further limitations on visible
mass in the RR zone district through the growth management competition.
The Applicant proposed to add the following statement to Sec. 6- 50- 20(c)(4):
In the event that the development is in the Rural Remote zone district, all newly created lots with 1, 000
SF of above grade residential floor area and a maximum height of 20' will receive the maximum score
of 6 points (2 points in each category).
Staff proposes the following alternative language:
Applicants for a new lot or parcel in the Rural Remote zone district shall receive the maximum score of
six (6) points in this category.
TWO -STEP REVIEW PROCEDURES (Sec. 2- 30- 40.i): A request for a Land Use Code Amendment shall
be recommended for approval and shall be approved if it complies with (a) all applicable provisions of this
Land Use Code; and (b) all applicable Land Use Policies listed in Sec. 1 -60. Staff finds that the proposed
amendment complies with all applicable provisions and policies of the Code.
LAND USE CODE TEXT AMENDMENTS (2- 40 -10): In addition to the provisions of Sec. 2- 30- 40(i), the
following shall apply to applications for Land Use Code Amendments:
(A) Each Land Use Code text amendment shall be consistent with the Pitkin County Comprehensive Plan;
(B) Land Use Code text amendment shall be drafted in a form consistent with the organizational format
and style of this Land Use Code,
(C) Code text amendments shall repeal and reenact entire Code sections rather than just specific sentences
or sub - sections.
Response: The proposed amendment is consistent with the Comprehensive Plan, as it improves the growth
management provisions of the Code. The Applicant's proposed language is provided above. If the Code
Amendment is approved, Sec. 6- 50- 20(c)(4) will be repealed and reenacted.
RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of an
amendment to Sec. 6- 50- 20(c)(4) of the Code as follows to provide a score of six points in the Reduction of
Visible Mass scoring criteria for applicants for a development right for a new lot/parcel in the RR zone district.
(4) Reduction of Visible Mass (Only applies to developments within the Rural Area)
*Notes: An applicant can receive a score of zero (0) in this category and not be in
violation of the Land Use Code. Applicants for a new lot or parcel in the Rural Remote
zone district shall receive the maximum score ofsix (6Zpoints in this category.
L� La
Considering the extent to which the development proposed is less than the allowable
floor area allowed on the property by the underlying zone district; utilizes some of its
allowed floor area to develop sub -grade space; or is below the allowable height of the
underlying zone district. Points shall be awarded according to the following
schedule:
Final Maximum Floor Sub -Grade Floor Area
Height
Area (see note 2)
(see note 3)
(see note 1)
0 Points
Final maximum floor
Less than 20% of the
Proposed structure(s)
area is limited to more
requested floor area
limited to less than
than 75% of that
would be built sub-
15% below the
potentially available to
grade.
maximum allowable
the property.
height.
1 Point
Final maximum floor
At least 20% of the
Proposed structure(s)
area is limited to no
requested floor area
limited to at least 15%
more than 75% of that
will be built sub - grade.
below the maximum
potentially available to
allowable height.
the property.
2 Points
Final maximum floor
At least 30% of the
Proposed structure(s)
(Note 4)
area is limited to no
requested floor area
limited to at least 30%
more than 55% of that
will be built sub - grade.
below the maximum
potentially available to
allowable height.
the property.
Notes:
1. This calculation is based on the final maximum floor area that is potentially allowed
on the property by the underlying zone district, as specified in Table 5 -1.D. See Sec. 5-
20-70 for rules governing measurement of floor area.
2. To qualify as sub - grade, the space must meet the requirements for exempt sub -grade
space in Sec. 5- 20- 70(g)(1).
3. To receive points in this category, no portion of any proposed structure can measure
above the stated height limit.
4. Applicants may score points in each of the three categories described in this section,
up to a maximum of 6 points (2 points in each category).
MEMORANDUM
TO: Pitkin County Planning and Zoning Commission
FROM: Suzanne Wolff, Senior Planner
RE: Castle Creek Investors Inc. Land Use Code Amendment — Residential Growth Management
Scoring Criteria
DATE: June 5, 2012
BRIEF SUMMARY OF REQUEST: The Applicant has proposed to amend Sec. 6- 50- 20(c)(4) of the 2006
Land Use Code ( "Code "), the "Reduction of Visible Mass" category in the residential growth management
scoring system, to award the maximum score of 6 points for new lots /parcels in the Rural Remote ( "RR ") zone
district.
PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning Commission is charged
with making a recommendation to the BOCC for this request.
APPLICANTS: Castle Creek Investors Inc.
REPRESENTATIVES: Mike Hoffman and Doug Pratte
BACKGROUND: The Applicant requested a growth management allotment of 1,000 square feet for a single
family residence on a proposed 35+ acre parcel in the RR district. The Applicant also requested to establish
an activity envelope on the new parcel. The Applicant proposed to divide the 35+ acre parcel from the
larger parcel upon the County's grant of a growth management allotment, pursuant to CRS § 30-28 -
101(10)(b). The Planning and Zoning Commission scored the application on February 14, 2012, and the
application did not meet the threshold to be eligible for a growth management allotment. The Applicant
appealed the scoring. The appeal is pending for consideration by the BOCC concurrent with this request to
amend the Code.
APPLICANT'S REQUEST: The Applicant has proposed to amend Sec. 6- 50- 20(c)(4) of the 2006 Land Use
Code ( "Code "), the "Reduction of Visible Mass" category in the residential growth management scoring
system, to award the maximum score of 6 points for new lots /parcels in the RR zone district. The Applicant
was not awarded any points in this category, as no reduction in floor area or height was proposed, nor was any
floor area limited to subgrade.
The Applicant states, "As the GMQS currently exists, it is essentially impossible for an applicant seeking a
development right for a newly created lot to achieve minimum threshold for property located in the RR zone
district if the application does not include drastic reductions in floor area, development above grade, and
building height. The maximum floor area for a 35 -acre lot in the RR zone district is 1,000 SF and the
maximum building height is 20'. These limitations on building height and floor area of the principal structure
are the most restrictive of all zone districts in Pitkin County and occurred when the property was rezoned to
Rural Remote in 1995." The Applicant asserts that imposing even more severe building restraints in order to
qualify for a growth management allotment "goes too far in limiting the rights of an owner in the RR zone
district to utilize his or her property."
I c� 3
Staff agrees with the Applicant that it is appropriate to automatically award the maximum score of 6 points in
this category for new lots /parcels in the RR zone district. The limitations on maximum floor area and building
height in the RR zone district have been effective in minimizing environmental impacts and preserving the
backcountry character. Staff does not believe that it is necessary to try to obtain further limitations on visible
mass in the RR zone district through the growth management competition.
The Applicant proposed to add the following statement to Sec. 6- 50- 20(c)(4):
In the event that the development is in the Rural Remote zone district, all newly created lots with 1, 000
SF of above grade residential floor area and a maximum height of 20' will receive the maximum score
of 6 points (2 points in each category).
Staff proposes the following alternative language:
Applicants for a new lot or parcel in the Rural Remote zone district shall receive the maximum score of
six (6) points in this category.
TWO -STEP REVIEW PROCEDURES (Sec. 2- 30- 40.i): A request for a Land Use Code Amendment shall
be recommended for approval and shall be approved if it complies with (a) all applicable provisions of this
Land Use Code; and (b) all applicable Land Use Policies listed in Sec. 1 -60. Staff finds that the proposed
amendment complies with all applicable provisions and policies of the Code.
LAND USE CODE TEXT AMENDMENTS (2- 40 -10): In addition to the provisions of Sec. 2- 30- 40(i), the
following shall apply to applications for Land Use Code Amendments:
(A) Each Land Use Code text amendment shall be consistent with the Pitkin County Comprehensive Plan;
(B) Land Use Code text amendment shall be drafted in a form consistent with the organizational format
and style of this Land Use Code;
(C) Code text amendments shall repeal and reenact entire Code sections rather than just specific sentences
or sub - sections.
Response: The proposed amendment is consistent with the Comprehensive Plan, as it improves the growth
management provisions of the Code. The Applicant's proposed language is provided above. If the Code
Amendment is approved, Sec. 6- 50- 20(c)(4) will be repealed and reenacted.
RECOMIVVIENDATION: Staff recommends that the Planning Commission recommend approval of an
amendment to Sec. 6- 50- 20(c)(4) of the Code as follows to provide a score of six points in the Reduction of
Visible Mass scoring criteria for applicants for a development right for a new lot/parcel in the RR zone district.
(4) Reduction of Visible Mass (Only applies to developments within the Rural Area)
*Notes: An applicant can receive a score of zero (0) in this category and not be in
violation of the Land Use Code. Applicants for a new lot or parcel in the Rural Remote
zone district shall receive the maximum score ofsix (6) points in this category.
a
Considering the extent to which the development proposed is less than the allowable
floor area allowed on the property by the underlying zone district; utilizes some of its
allowed floor area to develop sub -grade space; or is below the allowable height of the
underlying zone district. Points shall be awarded according to the following
schedule:
TABLE
Final Maximum Floor
Sub -Grade Floor Area
Height
Area
(see note 2)
(see note 3)
(see note 1)
0 Points
Final maximum floor
Less than 20% of the
Proposed structure(s)
area is limited to more
requested floor area
limited to less than
than 75% of that
would be built sub-
15% below the
potentially available to
grade.
maximum allowable
the property.
height.
1 Point
Final maximum floor
At least 20% of the
Proposed structure(s)
area is limited to no
requested floor area
limited to at least 15%
more than 75% of that
will be built sub - grade.
below the maximum
potentially available to
allowable height.
the property.
2 Points
Final maximum floor
At least 30% of the
Proposed structure(s)
(Note 4)
area is limited to no
requested floor area
limited to at least 30%
more than 55% of that
will be built sub - grade.
below the maximum
potentially available to
allowable height.
the property.
Notes:
1. This calculation is based on the final maximum floor area that is potentially allowed
on the property by the underlying zone district, as specified in Table 5 -1.D. See Sec. 5-
20-70 for rules governing measurement of floor area.
2. To qualify as sub - grade, the space must meet the requirements for exempt sub -grade
space in Sec. 5- 20- 70(g)(1).
3. To receive points in this category, no portion of any proposed structure can measure
above the stated height limit.
4. Applicants may score points in each of the three categories described in this section,
up to a maximum of 6 points (2 points in each category).
Castle Creek Investors, Inc Text Amendment to Sec. 6 -50 -20 of the Pitkin County Code
Section 4 - Consent from the Owner of the Property
April 9, 2012
Suzanne Wolff
Pitkin County Community Development Office
130 South Galena, Third Floor
Aspen, CO 81611
RE: Castle Creek Investors, Inc.'s Text Amendment to Sec. 6 -50 -20 of the Code
Standards for Scoring Applications for Residential Development in the
Rural /Remote Zone District
Dear Suzanne:
This letter is to certify that Castle Creek Investors, Inc. as owner of a newly created
35+ acre parcel from a portion of the property with Pitkin County Parcel ID
273536400001 that includes the Robbie Bums, San Rafael, Santa Maria and Robbie
Burns #3 mining claims authorizes Douglas Pratte of the Land Studio, Inc. to
represent them regarding the Pitkin County Land Use Application for a Text
Amendment to Sec. 6 -50 -20 of the Code Standards for Scoring Applications for
Residential Development in the Rural /Remote Zone District.
Douglas Pratte's contact information is:
Douglas Pratte
The Land Studio, Inc.
1002 Lauren Lane
P.O. Box 107
Basalt, CO 81621
(970) 927 -3690 phone
landstudio2@comcast.net
Sincerely,
000001 d f (r�
Castle Creek Investors, Inc Text Amendment to Sec. 6 -50 -20 of the Pitkin County Code
Section 5 - Executed Pitkin County Community Development
Agreement for Payment of Land Use Application Fees Form
PITKIN COUNTY (hereinafter COUNTY) and Castle Creek Investors, Inc. (hereinafter
APPLICANT) AGREE AS FOLLOWS:
APPLICANT has submitted to COUNTY an
in the
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30-
2009 establishes a fee structure for land use applications and the payment of all processing
fees is a condition precedent to a determination of application completeness. The fee
structure is based on the County's policy that development shall pay, in full, the cost of
development review in Pitkin County. Fees have been set to be consistent and fair to the
public and to reflect the expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of
the proposed project, it may not be possible at the time of application to ascertain the full
extent of the costs involved in processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land
use applications shall accumulate if an application includes more than one type of land use
review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY
staff to complete processing or present sufficient information to the Planning Commission
and /or Board of County Commissioners to enable the Planning Commission and /or Board of
County Commissioners to make legally required findings for project approval, unless current
billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver
of its right to collect full fees prior to a determination of application completeness,
APPLICANT shall pay a base fee in the amount of $2,014.00 which is based on 5 hours of
staff time, and if actual time spent by staff to process the application exceeds the average
number of hours by more than 20 %, then the COUNTY will bill the APPLICANT quarterly for
the additional time spent. Such periodic payments shall be made within 30 days of the billing
date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for
suspension of processing.
PITKIN COUNTY
APPLICANT
Cindy Houben Print
Community Development Director
April 9, 2012
Mailing Address:
1490 Silver King Drive
Effective 1/26/10
G:county \admin \forms \agreement to pay Aspen, Colorado 81611
000002
Castle Creek Investors
Robbie Burns Parcel
Castle Creek Investors, Inc Amendment to
Sec. 6 -50 -20 of the Pitkin County Code
Standards for Scoring Applications for Residential
Development in the Rural /Remote Zone District
April 9, 2012
Prepared For:
Castle Creek Investors, Inc.
c/o John Miller
1490 Silver King Drive
Aspen, Colorado 81611
Phone: (970) 925 -4024
Prepared By:
The Land Studio, Inc.
1002 Lauren Lane
P.O. Box 107
Basalt, Colorado 81621
Phone: (970) 927 -3690
Iandstudlo2@comcast.net
000003
E. Michael Hoffman
Garfield & Hecht, P.C.
601 East Hyman Avenue
Aspen, CO 81611
Phone: (970) 925 -1936
mhoffman @garfieldhecht.com
Castle Creek Investors, Inc Text Amendment to Sec. 6 -50 -20 of the Pitkin County Code
Table of Contents
Section 1 - Type of Application and Summary Explaining Request ... ..............................3
Section 2 - Precise Wording of the Proposed Code Amendment: ................................... 5
Section 3 - Compliance with the November, 2003 Pitkin County Maroon /Castle Creek
MasterPlan ........................................................................................ ..............................6
Section 4 - Consent from the Owner of the Property ........................ .............................11
Section 5 - Executed Pitkin County Community Development Agreement for Payment
of Land Use Application Fees Form .................................................. .............................13
Section 6 - Pre - Application Conference Summary Sheet ................. .............................15
Section7 — Exhibits ........................................................................... .............................17
000004
Castle Creek Investors, Inc Text Amendment to Sec. 6 -50 -20 of the Pitkin County Code
Section 1 - Type of Application and Summary Explaining Request
Description of Project/Development: Applicant proposes to amend Sec. 6 -50 -20 of
the Code - Standards for Scoring Applications for Residential Development - to
amend certain scoring categories as they apply to properties in the Rural /Remote
zone district.
Summary explaining the request
The following describes the rationale for the proposed code amendment, and
addresses compliance with the Code Section 2- 40 -10: Land Use Code Text
Amendments.
Castle Creek Investors, Inc. is requesting a text amendment per Section 2 -40-
10: Land Use Code Text Amendments to Section 6 -50 -20 of the Code -
Standards for Scoring Applications for Residential Development.
As the GMQS currently exists, it is essentially impossible for an applicant
seeking a development right for a newly created lot to achieve "minimum
threshold" for property located in the RR zone district if the application does not
include drastic reductions in floor area, development above grade, and building
height. The maximum floor area for a 35 -acre lot in the RR zone district is
1,000 SF and the maximum building height is 20'. These limitations on building
height and floor area of the principal structure are the most restrictive of all
zone districts in Pitkin County and occurred when the property was rezoned to
Rural Remote in 1995. The Rezoning Ordinance No. 95 -24 of the Pitkin
County Board of County Commissioners is attached as an Exhibit.
The selected quote below from the Ordinance identifies the intent for the
Rezoning of this property was to reduce unit build out and square footage and
thus visible mass:
"Rezoning these areas to the Rural /Remote Zone District will result in a
potential average unit build out reduction of approximately 53 %, and square
footage reductions of up to 90 + %; providing a basis for preserving the health,
safety, order and general welfare of people residing and using these areas."
The Ordinance also states, "Currently, the planning study areas to be rezoned
are within zone districts allowing a potential maximum area of 15,000 square
feet per single family home as a use allowed by right." This change in floor
area from 15,000 SF to 1,000 SF is a 93% reduction in floor area.
Additionally, the Resolution identifies that the Maximum Height per Principal
Structure shall be no higher that 20' to the highest roof or parapet surface of a
flat roof reduced from 28'.
��JJ5
Castle Creek Investors, Inc Text Amendment to Sec. 6 -50 -20 of the Pitkin County Code
To require an Applicant to propose even more severe building restraints to
qualify for a growth management allotment simply goes too far in limiting the
rights of an owner of a parcel located in the RR zone district to utilize his or her
property. The Applicant is requesting that GMQS provisions recognize this
reduction in floor area and building height identified above by amending the
GMQS Code provision which deals with "Reduction of Visible Mass," Code § 6-
50-20(c)(4) to award the maximum score for newly created lots in the RR zone
district whose floor area has already been reduced to 1,000 SF and building
height reduced to 20' upon the rezoning of the property to RR.
00 6166
Castle Creek Investors, Inc Text Amendment to Sec. 6 -50 -20 of the Pitkin County Code
Section 2 - Precise Wording of the Proposed Code Amendment:
REDUCTION OF VISIBLE MASS (ONLY APPLIES TO DEVELOPMENTS
WITHIN THE RURAL AREA) *Note: An applicant can receive a score of zero
(0) in this category and not be in violation of the Land Use Code.
Considering the extent to which the development proposed is less than the
allowable floor area allowed on the property by the underlying zone district;
utilizes some of its allowed floor area to develop sub -grade space; or is below
the allowable height of the underlying zone district. Points shall be awarded
according to the following schedule:
Final maximum floor
Points area is limited to no t least 30% of the
lote 4) more than 55% of that requested floor area
potentially available to ill be built sub - grade.
note 3)
' roposed structure(s)
invited to less than
15% below the
naximum allowable
ieight.
'roposed structure(s)
mited to at least 15%
elow the maximum
Ilowable height.
- oposed structure(s)
nited to at least 30%
;low the maximum
lowable height.
. This calculation is based on the final maximum floor area that is potentially
Ilowed on the property by the underlying zone district, as specified in Table 5-
.D. See Sec. 5 -20 -70 for rules governing measurement of floor area.
. To qualify as sub - grade, the space must meet the requirements for exempt
ub -grade space in Sec. 5- 20- 70(f)(1).
. To receive points in this category, no portion of any proposed structure can
ieasure above the stated height limit.
. Applicants may score points in each of the three categories described in this
up to a maximum of 6 points (2 points in each
In the event that the development is in the Rural Remote zone district, all
newly created 35 acre lots with 1,000 SF of above grade residential floor
000007
Final Maximum Floor
Sub -Grade Floor Area
Area
(see note 2)
Point
see note 1
requested floor area
Final maximum floor
Less than 20% of the
area is limited to more
requested floor area
Points
than 75% of that
would be built sub -
potentially available to
Final maximum floor
Points area is limited to no t least 30% of the
lote 4) more than 55% of that requested floor area
potentially available to ill be built sub - grade.
note 3)
' roposed structure(s)
invited to less than
15% below the
naximum allowable
ieight.
'roposed structure(s)
mited to at least 15%
elow the maximum
Ilowable height.
- oposed structure(s)
nited to at least 30%
;low the maximum
lowable height.
. This calculation is based on the final maximum floor area that is potentially
Ilowed on the property by the underlying zone district, as specified in Table 5-
.D. See Sec. 5 -20 -70 for rules governing measurement of floor area.
. To qualify as sub - grade, the space must meet the requirements for exempt
ub -grade space in Sec. 5- 20- 70(f)(1).
. To receive points in this category, no portion of any proposed structure can
ieasure above the stated height limit.
. Applicants may score points in each of the three categories described in this
up to a maximum of 6 points (2 points in each
In the event that the development is in the Rural Remote zone district, all
newly created 35 acre lots with 1,000 SF of above grade residential floor
000007
Final maximum floor
rea is limited to no
t least 20% of the
Point
more than75% of that
requested floor area
potentially available to
ill be built sub - grade.
Final maximum floor
Points area is limited to no t least 30% of the
lote 4) more than 55% of that requested floor area
potentially available to ill be built sub - grade.
note 3)
' roposed structure(s)
invited to less than
15% below the
naximum allowable
ieight.
'roposed structure(s)
mited to at least 15%
elow the maximum
Ilowable height.
- oposed structure(s)
nited to at least 30%
;low the maximum
lowable height.
. This calculation is based on the final maximum floor area that is potentially
Ilowed on the property by the underlying zone district, as specified in Table 5-
.D. See Sec. 5 -20 -70 for rules governing measurement of floor area.
. To qualify as sub - grade, the space must meet the requirements for exempt
ub -grade space in Sec. 5- 20- 70(f)(1).
. To receive points in this category, no portion of any proposed structure can
ieasure above the stated height limit.
. Applicants may score points in each of the three categories described in this
up to a maximum of 6 points (2 points in each
In the event that the development is in the Rural Remote zone district, all
newly created 35 acre lots with 1,000 SF of above grade residential floor
000007
Castle Creek Investors, Inc Text Amendment to Sec. 6 -50 -20 of the Pitkin County Code
area and a maximum height of 20' will receive the maximum score of 6
points (2 points in each category).
Section 3 - Compliance with the November, 2003 Pitkin County
Maroon /Castle Creek Master Plan
The following discusses the objectives that are stated in the 2003 Pitkin County
Maroon /Castle Creek Master Plan in the following categories:
• Existing Land Use
• Zoning
• Residential Development
• Commercial Development
• Growth
• Water Use, Quantity, Quality
• Air Quality
• Roads
• Transit
• Natural Environment
• Open Space/Trails /Recreation/Tourism
• Agriculture
• Scenic Quality
• Affordable Housing
• Historic Resources
• Mineral Exploration /Extraction
• Future Land Use - Rural Remote
Existing Land Use
Lots in the Rural Remote zone district are required to be a minimum of 35
acres in size. The proposed Code amendment will have no effect on this
requirement of the Code.
Zoning
The only properties affected by the proposed text amendment are those
located in the Rural Remote zone district. The proposed text amendment will
not change the character of any Rural Remote neighborhoods. The proposed
amendment will permit buildings having a modest amount of additional height
and mass, but will continue to promote the preservation of agriculture, natural
habitat, environmental resources, open space and rural residential uses.
Residential Development
The proposed text amendment is consistent with and complementary to the
rural character of the area. Nature will continue to dominate a person's
experience of the Rural Remote areas of the Castle and Maroon Creek valleys.
The minor chance in visible mass that may result from this text amendment
000Ji 3
Castle Creek Investors, Inc Text Amendment to Sec. 6 -50 -20 of the Pitkin County Code
supports extremely low density and single - family residential housing of
extremely minimal size and bulk (1,000 sf residence at a 20' height).
Commercial Development
As it pertains only to the Rural Remote areas of Pitkin County, the proposed
text amendment to the GMQS Code provision that deals with Reduction of
Visible Mass will not affect existing tourist commercial development in the
Maroon /Castle Valleys and does not propose new commercial businesses in
existing or new locations.
Growth
The proposed text amendment supports development that reflects and
enhances the rural residential character of the Maroon /Castle Creek Planning
area and supports development that does not compromise rural character,
does not reduce the agricultural environment (to the extent that it exists) and
does not impair the water, air, wildlife and other natural resources and values
of the area.
Water Use, Quantity, Quality
The text amendment will not affect Pitkin County's protection of creeks and
tributaries, all adjacent wetlands and riparian areas, and the preservation of
water quantity, including established minimum in stream flows. All of these
protections exist in other areas of the Land Use Code, not in the GMQS Code
provision that deals with Reduction of Visible Mass.
Air Quality
As the proposed text amendment relates only to the reduction of visible mass
of a 1,000 sf cabin in the Rural Remote zone district, the current air quality in
the Maroon /Castle Creek Planning area will not be negatively affected.
Roads
The proposed text amendment proposes no changes to the maintenance of the
County roads in their current condition allowing minimal improvements as
necessary for safety.
Transit
The proposed text amendment will not affect the current mass transit system in
the Roaring Fork Valley and its ability to provide continued, convenient service.
Castle Creek Investors, Inc Text Amendment to Sec. 6 -50 -20 of the Pitkin County Code
Natural Environment
The proposed text amendment will not increase density in the Rural Remote
zone district that might detract from the natural environment, and as a result
will continue to preserve and protect the open space, drainage ways, plant
species, cover and corridors for the healthy protection, reproduction,
movement and migration of all native wildlife species in the Castle and Maroon
Creek valleys, and ensure that large contiguous parcels remain available for
wildlife use and movement.
Open Space /Trails /Recreation/Tourism
As proposed, the text amendment will preserve existing recreational
opportunities within the Maroon /Castle Creek Planning Area and maintain the
quality of the recreational experience in the area.
Agriculture
The proposed text amendment will have no affect on property owners' ability to
cluster development and /or to place conservation easements on parcels
containing agricultural uses within the planning area.
Scenic Quality
This text amendment recognizes that the natural environment and scenic
character are among the greatest assets of the Maroon and Castle Creek
valleys and are the reasons many people choose to visit and make this area
their home. The predominant visual character of the area will remain one
where the rural open space feel dominates, with pockets of development
remaining subordinate to the natural surroundings.
Affordable Housing
As affordable housing should be developed within the urban growth boundary
areas in the County, affordable housing will not be affected by the text
amendment for the Rural Remote zone district.
Historic Resources
Incentives are already in place in the Rural Remote zone district for property
owners who voluntarily designate a structure as historic to receive a GMQS
exemption for a 1,000 sf residence. The proposed text amendment will not
affect this incentive.
0 0011
Castle Creek Investors, Inc Text Amendment to Sec. 6 -50 -20 of the Pitkin County Code
Mineral Exploration /Extraction
The proposed text amendment will have no effect on the protection of lands
within the Maroon /Castle Creek Planning area from the environmental impacts
of mining, mineral exploration, oil and gas drilling and exploration, sand and
gravel pits, rock crushers, concrete batch plants, and other extractive
operations.
Future Land Use
The proposed Future Land Use in the 2003 Pitkin County Maroon /Castle Creek
Master Plan is Rural Remote. The proposed text amendment is requested for
all newly created lots in the Rural Remote zone district.
JOG Ili
Castle Creek Investors, Inc Text Amendment to Sec. 6 -50 -20 of the Pitkin County Code
Section 4 - Consent from the Owner of the Property
April 9, 2012
Suzanne Wolff
Pitkin County Community Development Office
130 South Galena, Third Floor
Aspen, CO 81611
RE: Castle Creek Investors, Inc.'s Text Amendment to Sec. 6 -50 -20 of the Code
Standards for Scoring Applications for Residential Development in the
Rural /Remote Zone District
Dear Suzanne:
This letter is to certify that Castle Creek Investors, Inc. as owner of a newly created
35+ acre parcel from a portion of the property with Pitkin County Parcel ID
273536400001 that includes the Robbie Bums, San Rafael, Santa Maria and Robbie
Burns #3 mining claims authorizes Douglas Pratte of the Land Studio, Inc. to
represent them regarding the Pitkin County Land Use Application for a Text
Amendment to Sec. 6 -50 -20 of the Code Standards for Scoring Applications for
Residential Development in the Rural /Remote Zone District.
Douglas Pratte's contact information is:
Douglas Pratte
The Land Studio, Inc.
1002 Lauren Lane
P.O. Box 107
Basalt, CO 81621
(970) 927 -3690 phone
landstudio2@comcast.net
Sincerely,
Castle Creek Investors, Inc. by John Miller
U00012
Castle Creek Investors, Inc Text Amendment to Sec. 6 -50 -20 of the Pitkin County Code
Section 5 - Executed Pitkin County Community Development
Agreement for Payment of Land Use Application Fees Form
PITKIN COUNTY (hereinafter COUNTY) and Castle Creek -Investors, Inc. (hereinafter
APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for a Code Amendment
to amend certain scorina categories as thev aoDly to Drooerties in the Rural /Remote zone
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30-
2009 establishes a fee structure for land use applications and the payment of all processing
fees is a condition precedent to a determination of application completeness. The fee
structure is based on the County's policy that development shall pay, in full, the cost of
development review in Pitkin County. Fees have been set to be consistent and fair to the
public and to reflect the expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of
the proposed project, it may not be possible at the time of application to ascertain the full
extent of the costs involved in processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land
use applications shall accumulate if an application includes more than one type of land use
review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY
staff to complete processing or present sufficient information to the Planning Commission
and /or Board of County Commissioners to enable the Planning Commission and /or Board of
County Commissioners to make legally required findings for project approval, unless current
billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver
of its right to collect full fees prior to a determination of application completeness,
APPLICANT shall pay a base fee in the amount of $2,014.00 which is based on 5 hours of
staff time, and if actual time spent by staff to process the application exceeds the average
number of hours by more than 20 %, then the COUNTY will bill the APPLICANT quarterly for
the additional time spent. Such periodic payments shall be made within 30 days of the billing
date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for
suspension of processing.
PITKIN COUNTY
J=1111L01fflm
John Miller for Caste Creek Investors. Inc,
- --
Cindy ,:
Houben Print Name
Community Development Director _
Signature
Date: April 9, 2012
Mailing Address:
1490 Silver King Drive _-
Effective 1/26/10
G:county \admin\forms\ agreement to pay Aspen, Colorado 81611
UUuJ13
oc� CIO)
Castle Creek Investors, Inc Text Amendment to Sec. 6 -50 -20 of the Pitkin County Code
Section 6 - Pre - Application Conference Summary Sheet
PLANNER: Suzanne Wolff
PHONE: (970) 920 -5093
suzanne.wolffp_co.pitkin.co.us
OWNER/APPLICANT: Castle Creek Investors
REPRESENTATIVE: Doug Pratte & Mike Hoffman
Type of Application: Code Amendment
DATE: 2/29/12
E -MAIL:
EMAIL: land stud io2(@comcast. net
mhoffman(cDgarfieldhecht.com
Description of Project/Development: Applicant proposes to amend Sec. 6 -50 -20 of the Code
— Standards for Scoring Applications for Residential Development— to amend certain scoring
categories as they apply to properties in the Rural /Remote zone district.
Land Use Code Sections to be addressed in letter of request (application):
• Sec. 2- 40 -10: Land Use Code Text Amendments
Review by: P &Z and BOCC (2 readings)
Public Hearing: Yes, at BOCC.
FEES: $2,014 (make check payable to " Pitkin County Treasurer')
• $1,560 Planning Office flat fee (non - refundable; based on 5 hours of staff time; if staff review
time exceeds 6 hours, the Applicant will be charged for additional timeabove 5 hours at a
rate of $312 /hour)
• $375 Clerk
• $54 Publication Fee
• $25 Web Technology Fee
To apply, submit 15 copies of the following information, unless noted otherwise:
1. Summary letter explaining the request and addressing compliance with the Code sections
listed above.
2. The application shall include a statement including the precise wording of the proposed
code amendment. The proposed language must be drafted in a form consistent with the
organization format and style of the Land Use Code and shall include the entire Code
section. The statement shall describe the rationale for the proposed code amendment
and shall demonstrate compliance with the Pitkin County Comprehensive Plan.
3. Total fee for review of the application;
4. Executed Pitkin County Community Development Agreement for Payment of Land Use
Application Fees form (1 copy);
5. Copy of this preapplication conference summary form (1 copy)
60GIL4
Castle Creek Investors, Inc Text Amendment to Sec. 6 -50 -20 of the Pitkin County Code
NOTES:
PLEASE SUBMIT TWO UNBOUND AND ONE -SIDED COPIES OF YOUR COMPLETE
APPLICATION. PLEASE SUBMIT TWO -SIDED COPIES OF ALL REMAINING COPIES
OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED
ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION.
ALL MAPS SHALL BE FOLDED.
This pre- application conference summary is advisory in nature and not binding on the
County. The information provided in this summary is based on current zoning standards
and staff's interpretations based upon representations of the applicant. Additional
information may be required upon a complete review of the application.
The Land Use Code is available on -line at Coun�_Code
The Land Use Application manual is available on -line at
http.-Ayww.asp tkin.com /Portals /_0_ /d_o_cs /Couny/Com %2ODev /Planning /land use applicat
ion manuaLpdf
Applicant will be responsible for mailed and posted notice. Public Notice requirements are
described in Section 2 -20 -100 of the Pitkin County Land Use Code. A signed, notarized
copy of the affidavit confirming notice must be received from Applicant prior to approval.
4, N` - p
UUGJ-L5
Castle Creek Investors, Inc Text Amendment to Sec. 6 -50 -20 of the Pitkin County Code
Section 7 — Exhibits
Rezoning Ordinance No. 95 -24 of the Pitkin County Board of County Commissioners
Gu0j L6
C 0) P y
ORDINANCE OF THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS
REZONING OUTLYING SITES WITHIN PITKIN COUNTY FROM AFR -10
AGRICULTURAL /FORESTRY/RESIDENTL L ZONE DISTRICT, RS -20 AND RS -30
PLANNED UNIT DEVELOPMENT (PUD) RESOURCE ZONE DISTRICTS TO THE
RURAL/REMOTE ZONE DISTRICT (R/R) AND AS PROVIDED HEREIN AND
AMENDING THE PITKIN COUNTY ZONING DISTRICT FLAP AND LAND USE CODE
SECTIONS 3-40.115,3-150.160,3-200-95,4-60-95,4-70-25, AND 4- 30.25, AND ARTICLE 8
Ordinance No. 95.2 �
RECITALS
Section 2 -10 of the Pitkin County Land Use Code (hereinafter "Code "), Community
Balance, states that it is the policy of the County "... to conserve and protect from further
degradation the present natural environment and its resources. Development which can be
accommodated within these limits will be managed to maintain a balance between residential,
commercial and tourist accommodations."
_. Section 2 -80 of the Code, Natural and Man-Made Hazard and Resource Areas, states that it
is the policy of the County "... to manage the use of lands which are identified as containing Areas
and Activities of Local and State Interest, and to prevent any use which will subject any person, use
or resource to natural or man-made hazards."
Section 2 -160 of the Code, Wildlife Management, states that it is the policy of the County
"... to identify and protect all wildlife habitat for the preservation of wildlife and prohibit land use
patterns which disrupt such habitat."
UuCh7
3,3aSO 01/04/96 OZ:19P PO 1 OF C6 REC DOC NOT
SILVIA DAVIS PI7KIN COUNTY CLERK & RECORDER
Ordinance Rio. 95- 4
Page.'.
4. Section 2=210 of the Code, Logical Ectension of Utilities, states that it is the policy of the
County "... to regulate public and private utility extensions. Areas served by such extensions must
be found suitable for development in accordance with adopted comprehensive plans and the
policies and regulations of the Pitkin County Land Use Code."
5. Section 2 -250 of the Code, Compatibility with Historical and Archeological Resources,
states that it is the policy of the County "... to protect sites. structures and surrounding areas
determined to have historical or archeological significance."
6. Section 2 -230 of the Code, Compatibility with Public Lands, states that it is the policy of
the County "... to preserve and protect public lands from the impacts of incompatible development
by promoting land uses within and nearby public lands which are compatible with public use of
those lands and with the preservation of the natural environment."
To implement these policies the Board of County Commissioners amended Code to create
the Rural/Remote Zone District pursuant to Ordinance 94-16. At the time of adoption, only the
Richmond HilDLittle Annie area (as shown on Exhibit "E ") was rezoned Rural/Remote.
S. Additional planning areas (as shown on Exhibits "A -D ") have been identified which contain
character and resource qualities which require unique management under the above cited Code
sections.
All publicly owned lands including U.S. Forest Service and Bureau of Land Management
lands within the defined Rural/Remote study areas of Pitkin County have also been identified as
containing attributes requiring management.
388880 01/04/90 03:198 PG OF 36
OIJci L6
Ordinance No. 95 -'' y
Page 3
10. Criteria for identifying areas appropriate for inclusion in the Rural/Remote Zones must
include at least four of the following characteristics:
a. Sites which are located more than one half mile from winter maintained public roadways;
except where privately maintained driveways or roadways serve residential development approved
prior to the effective date of this ordinance (January 2, 1996). A distance of 1/2 mile was
established based on a finding that the extention of further development decreases the integrity of
the environment, decreases the rural and remote character of the area and significantly increases the
risks involved with providing emergency service to the area. And that beyond 112 mile, the
following issues/characteristics exist:
• 112 mile has been established by various wildlife experts as the limits of the "zone of
disturbance" created by development relative to wildlife, and
• Development of driveways and utility extensions over lengths of greater than 1/2 mile often
create substantial environmental impacts due to gradient changes or other existing hazards or
resources; and
• Emergency access often becomes limited and/or dangerous to emergency personnel when
driveways exceed 1/2 mile in length.
b. Lack of traditional utility services such as electricity, phone service, and central water and
sewer,
C. Difficult emergency services response;
d. Little or no existing development and remote locations;
e. Natural hazard areas or resources such as steep slopes, avalanche, wildfire or wildlife;
f. Location within subalpine or alpine ecosystems;
g. Location at or above 9,000 foot elevation
h. Historic resources;
i. Providing access to publicly owned backcountry recreation areas; and
j. Unique backcountry character.
* Subalpine and alpine ecosystems in Pitkin County are located between 9,000 - 11,400 and
11,400- 14,000+ feet in elevation, respectively. The alpine ecosystem is found above tree
limit. Subalpine forests are dominated by Engleman spruce and fir and can be intermixed
with distinct stands of lodgepole pine and aspen. Douglas fir forests can also extend up into
the lower limits of the subalpine environment. Meadows are found throughout the
subalpine zone.
An exception has been made for the area associated with the Ashcroft Ski Touring Center in upper
Castle Creek, zoned AF -SKI, and for which a master plan review is currently being processed.
388880 01/04/96 03;198 PG 3 OF 36
Ordinance No. 954 Y
Page 4
Exceptions have also been made for known existing approved subdivisions and/or where residential
neighborhoods are established as further described on the attached maps and within the written
descriptions of the study area boundaries. Additionally, an exception has been made for the Frying
Pan River Ranch which is located as a Special Review operation on U.S. Forest Service property,
and which is primarily located within 112 mile of the Frying Pan Road.
11. Currently, the planning study areas to be rezoned are within zone districts allowing a
potential maximum area of 15,000 square feet per single family home as a use allowed by right. If
every parcel within the following planning areas were to develop to the maximum density of the
underlying zone districts, the following approximate number of units could be built:
Hunter Creek: 15 units
Fryingpan: 288 units
Maroon/Casde: 203 units
Independence/ Lincoln: 98 units
Total 604 units
Growth Management and 1041 Hazard Review typically reduce the number of units allowed in the
underlying zone district; however, not all of these areas are subject to Growth Management and
density reductions are not ensured by these or other existing Code provisions. Development in
these areas under current zoning guidelines would clearly create significant environmental impacts;
present a need to provide public services outside our ability levels; involve illogical public and
private utility extensions; and create incompatible development and impacts on public lands.
Rezoning these areas to the Rural/Remote Zone District will result in a potential average unit
buildout reduction of approximately 53 %, and square footage reductions of up to 90+ %; providing
a basis for preserving the health, safety, order and general welfare of people residing and using
388880 01/04/96 03:19P PG 4 OF 36
00 U11.12, 1
Ordinance No. 95-�Y
Page 5
these areas. Development of large residences that are allowed under current zoning districts
necessarily require that such residences will have a large number of people, residents, guests and
staffing, using and being present at such residences. The greater the number of people, the greater
the demand for County services, emergency services and the greater the detrimental impact on the
environment.
12. After review of environmental issues, emergency service impacts, and impacts on the
character of the backcountry, the Board of County Commissioners (hereinafter "Board ") has
recognized that traditional residential development in these areas is inappropriate. Increasing real
estate costs, escalating development pressures and the development of large scale residences in
Rural/Remote areas for the first time have contributed to the need to reevaluate current zoning
desi-- nations.
13. The Board finds that development of a Transfer of Development Rights (TDR) Program in
conjunction with the Rural/Remote Zone District provides equitable mitigation for landowners and
places development in appropriate locations in Pitkin County.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners that it
does hereby rezone all lands within the identified planning study areas on the attached maps titled
"Board of County Commissioners Exhibits "A through D" to the Rural/Remote zone district
provided herein. The following revisions to the Pitkin County Land Use Code shall implement
amendments to the Rural/Remote Zone District. Planning areas identified on Exhibits "A through
E," including the Richmond Hill/1 -ittle Annie area shall be affected by the amendments. Written
descriptions of the Planning areas are attached as Exhibit "F".
388880 01/04/96 03:19P PG 5 OF 36
uu���2
Ordinance No. 95? 1
Page 6
Repeal and re -enact Section 340.115 as follows:
3- 40.115 RR RURAL /REMOTE
A. Intent: The intent of the Rural/Remote Zone District is to preserve the natural
environment and the low scale, low density backcountry character; to minimize environmental
degradation and retain open space; to balance recreational uses and limited development. This zone
district applies to areas of the County which are removed from emergency services and traditional
services (such as electricity, phone service, year round road maintenance, and central water and
sewer). These lands are often encumbered by a variety of natural hazard areas such as steep slopes,
avalanche, wildlife or wildfire. Typically, lands within this zone are subalpine and alpine. Among
other qualities, subalpine and alpine ecosystems function to collect, store, filter and distribute water
for all the in- stream, agricultural, municipal, domestic, industrial and recreational purposes for
which water is essential. As such, these ecosystems represent a unique environmental resource in
the community.
Lands within this zone contain qualities and resources which are intrinsic to the character of
the Community. These lands maintain a unique lifestyle alternative for backcountry individuals.
protect the integrity of the larger overall ecosystem and provide backcountry (non- wilderness)
winter and summer low impact recreational uses.
B. Allowed Uses: The following uses are permitted as of right in the Rural/Remote
Zone District.
1. Non - commercial recreational uses
*- Single family dwelling units
3. Shared water systems
4. Solar energy collectors for on site residential purposes
5. Wind powered apparatus for on site residential purposes
6. Pedestrian foot trails
7. Above „round generators which meet the decible requirements of the
Environmental Health Department.
8. Gardening outside of the building envelope up to 2,500 square feet in size.
9. Agricultural operations and practices which were in existence prior to the adoption
of this ordinance (November 15, 1995).
J u� �12 2
388880 01/04/96 03:19P PG 6 OF 26
Ordinance No. 95- Y
Page 7
10. 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.
11. Repair of existing fences, regardless of location within wildlife habitat.
12. Termination of noxious weeds (as defined by the Pitkin County Land Management
Department) within and outside of the building envelope.
* SINGLE FAMILY DWELLING UNITS MAY TAKE THE FORM OF
ALTERNATIVE/NON-TRADITIONAL STRUCTURES SUCH AS DOMES,
YURTS, TEEPEES AND ELEVATED PLATFORMS[=HOUSES,
CONTINGENT UPON COMPLIANCE WITH UNIFORM BUILDING CODE
REQUHaNIENTS
C. Soecial Review Uses
1. Automobile parking areas which centralize parking adjacent to existing roadways in
order to allow alternative access beyond that point (ie: skiing, hiking, snowmobiling)
2. Driveways
3. Helicopter access/construction use
4. Extractive operations
5. Transfer of development rights
6. Commercial recreational uses
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 to 1000 square feet
UU0:i[3
388880 01/04'/96 03:19p P6 7 OF 36
Ordinance No. 95- Y
Page 8
12. Existing dwelling units may be deducted from the allowed density if they are
existing legal units, and deed restricted to be occupied by residents, as determined by the Housing
Authority Guidelines. However, year -round occupancy of the unit shall not be required.
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.
D. Prohibited Uses: The following uses /activities are prohibited in the Rural/Remote
Zone District.
Winter maintenance of roadways and driveways.
2. Accessory structures other than outhouse facilities and mechanical enclosures.
New roadways.
4. Uses not listed as allowed or special review uses
5. Individual water wells which are not otherwise approved by Special Review.
6. Traditional septic/leach field which are not otherwise approved by special review.
7. Disturbance of all living native vegetation outside of the building envelope,
including grasses, forbs, shrubs and trees. 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 the adoption of
this regulation (November 15, 1995).
8. Caretaker and Employee Dwelling Units pursuant to Section 3- 150.120 and 3-
150.130.
E. Dimensional Reauirements: Except as may be permitted by Special Review
pursuant to the provisions of 3- 10.115 C., the following dimensional requirements shall apply to all
permitted and special review uses in the Rurai/Remote Zone District.
Minimum Lot Area - 35 acres
2. Minimum Lot Area Principal Use - 35 acres
3. Maximum Size of Activity Envelope per Dwelling Unit - 0.5 acres
388880 01/04/96 03:19P PG 8 OF 36
0LjGI 1
Ordinance No. 95- Y
Page 9
4. Minimum Front Yard Setback - Determined by Special Review
5. Minimum Side Yard Setback - Determined by Special Review
6. Minimum Rear Yard Setback - Determined by Special Review
Minimum Lot Width - 400'
8. Maximum Height per Principal Structure - shall be no higher than 20' to the highest
roof or parapet surface of a flat roof.
*9.
Maximum Footprint per Principal Structures - Not to exceed 500 square feet
without special review; Maximum square footage not to exceed 1000 square feet.
10. Platforms/Treehouses shall not exceed 250 square feet.
11. Outhouse and mechanical enclosures shall not exceed a total of 100 square feet.
* IN MEASURING FOOTPRINT, ALL DIMENSIONS SHALL BE TAKEN FROM THE
OUTSIDE FACE OF FRAMING OR OTHER PRIMARY WALL MEMBERS.
F. Zone District Boundaries: If a parcel does not meet the criteria as outlined in recital ;#10 of
this ordinance, as determined by the Board of County Commissioners, then the parcel shall revert
back to its original zoning.
Repeal and re -enact Section 3- 150.160 as follows:
SECTION 3- 150.160 TRANSFER OF DEVELOPMENT RIGHTS
A. Purpose and Applicability.
1. 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 appropriate in accordance with all applicable Pitkin County land use regulations, codes and
plans.
2. 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
VU0,-125
368880 01/04/96 0Z3:19P PG 9 OF 26
Ordinance No. 95� Y
Page 10
TDR Rights shall be approved by special review pursuant to Section 3- 210.10 of the Pitkin
County Land Use Code.
B. Standards and Criteria.
1. Standards and Criteria for Preservation Sites
a. Development Rights Appurtenant to Preservation Sites Mav 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.
b. 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
Shan 35 acres in size shall also be associated with one TDR Unit of Development.
The following chart illustrates the number of TDR Units of Development by size of the
Preservation Site:
TDR LNTTS 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
105 Acres
3 TDR Units of Development
135 Acres
3 TDR Units of Development
140 Acres
4 TDR Units of Development
C. Preservation Sites Shall be Located in the Rural/Remote Zone District. A
Preservation Site shall be located within the Rural/Remote Zone District.
388880 01/04/96 03:19P P6 10 OF 36
Ordinance No. 95 -��
Page 11
d. Preservation Sites Shall be Legally Created and Are Subject to Merger
Provisions. A Preservation Site shall be a legally created parcel and is subject to the merger
provisions of Section 6 -50.20 of the Pitkin County Land Use Code.
2. Standards and Criteria for Receiver Sites.
a. Receiver Site Must Obtain Special Review Approval No development of a
Receiver Site with TDR Rights shall be carried out until such development has been approved
by special review pursuant to Section 3- 210.10 of the Pitkin County Land Use Code.
b. 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.
C. Receiver Site Located Anywhere in Pitkin County. A Receiver Site may be
located anywhere in Pitkin County, subject to the limitations set forth in Section C(3)(e) below.
d. Uses Proposed on Receiver Site Must be Consistent With Underlving Zone
District. Except as expressly authorized under subsections C(2)(a) through C(2)(c) of this
Section, all development of the Receiver Site shall comply with each and every requirement of
the applicable zoning district regulations.
3. 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 Pitkin 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 subsections C(2)(a) through
C(2)(c) of this Section.
b. Transfers of Fractions of TDR Units of Development Prohibited The transfer
of less than one TDR Unit of Development, or any other fractions of a unit, shall not be
permitted.
C. Receiver Site Must Meet Underlving 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 shall be deemed appropriate for rezoning based on Section 3- 220.20
O U D 2 7 of the Pitkin County Land Use Code prior to any transfers.
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d. Use of Preservation Site Restricted After Transfer. Once Development Rights
have been severed, no development shall be permitted on the Preservation Site to the extent of
the transfer and a deed restriction shall be recorded restricting the use of the Site in accordance
with the procedure set forth in Section 4 -60.95 below.
e. 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
and 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).
L 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, or as such maximum square
footage may be amended by the Board of County Commissioners from time to time.
a. Incentives for Transfer of Development Rights Transfer of development rights
from a Preservation Site to a Receiver Site located outside of the Rural/Remote Zone District
shall result in a percentage floor area intensity bonus and GMQS exemption as set forth in
Section C(5) below, provided that no residential development outside of the Rural/Remote Zone
District shall exceed 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. 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
RurabRemote Zone District shall be approved by special review pursuant to Section 3- 210.10 of
the Pitkin County Land Use Code and shall be subject to each and every requirement of the
Pitkin County Land Use Code.
b. Transfers of Fractions of TDR Units of Development_ Prohibited. The transfer
of less than one TDR Unit of Development, or any other fractions of a unit, shall not be
permitted.
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C. Receiver Site Must Meet Underlying Zone District Reauirements
Development using a transfer of development rights from a Preservation Site to a Receiver Site
located within the Rural/Remote Zone District shall meet each and every requirement of the
Rural/Remote Zone District with the exception of the floor area limitations. If a rezoning is
required to effectuate the use of TDR Rights, no transfer of development rights shall be
permitted.
d. Use of Preservation Site Restricted After Transfer. Once Development Rights
have been severed, no development shall be permitted on the Preservation Site to the extent of
the transfer and a deed restriction shall be recorded restricting the use of the Site in accordance
with the procedures set forth in Section 4 -60.95 below.
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 within the Rural/Remote Zone
District shall exceed 2.400 square feet of residential floor area.
L Receiving Sites Must Satisfy Additional Requisites 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 transferable development rights on Receiver
Sites located in a Rural/Remote Zone District unless it is determined that:
1) The Receiving Site is not located in alpine or sub - alpine environments.
2) The Receiving Site is not 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.
3) The Receiving Site is not located within riparian, shoreland or wetland areas as
defined in the Pitkin County Land Use Code.
4) Emergency services, such as those provided by the Pitkin County Sheriff's Office,
the fire districts, ambulance districts or other emergency services providers can be provided with
a reasonable response time without unreasonable risk to emergency service employees or
volunteers.
5) The impacts caused by proposed utility extensions are minimal and the
installation of such extensions does not involve steep slopes, unstable soils and/or additional
land disturbance beyond that otherwise required to develop the site. All utilities will be placed
underground pursuant to Section 3- 110.60 of the Pitkin County Land Use Code.
6) The existing and proposed development sites have been clustered to the maximum
extent possible to minimize the zone of disturbance created by the development and all building
388880
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envelopes are located as close as reasonably possible to existing winter maintained public roads
and existing utility services.
7) The Receiving Site and access roads and driveways are free from:
a) geological hazards as defined in Section 3 -80.50 of the Pitkin County Land Use
Code;
b) floodplain hazards as defined in Section 3 -80.40 of the Pitkin County Land Use
Code; and
C) severe wildfire areas as defined in Section 3 -80.70 of the Pitkin County Land Use
Code.
8) Any hazards associated with development on slopes between 15 -29% can be
effectively mitigated.
9)
The transfer of development rights provides a benefit to the County over the
development potential otherwise present
g. Incentives for Transfer of Development Rights. As set forth in Section C(6)
below, a transfer of development rights from a Preservation Site to a Receiver Site located within
the Rural/Remote Zone District shall result in a GMQS exemption and a floor area intensity
bonus permitting a higher allowed square footage than that permitted pursuant to the
Rural/Remote Zone District, provided that no residential development within the Rural/Remote
Zone District shall exceed 2,400 square feet of residential floor area.
5. Standards and Criteria for Incentives for Transfer of Development Rights to
Receiver Sites Located Outside of the Rural/Remote Zone District.
a. Intensitv 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.
b. 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
iltil�,.l
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Ordinance No. 95z Y
Page 15
footage transferred equals or exceeds a certain percentage of the total square footage of the entire
unit. The percentage shall be on a sliding scale as follows:
1) 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.
2) Where the total gross floor area of a residential dwelling unit seeking a GiYfQS
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.
3) Where the total gross floor area of a residential dwelling unit seeking a GMQS
exemption is greater than 7,500 square feet but less than or equal to 1 O 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.
4) Where the total gross floor area of a residential dwelling unit seeking a G VfQS
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.
5) 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.
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The followin; chart summarizes the incentives for transfers of TDR Rights to Receiver Sites
located outside of the Rural/Remote Zone District:
EXAMPLES OF INCENTIVES FOR TRANSFERS OF TDR RIGHTS
OUTSIDE OF THE RURALIREVi TOTE ZONE DISTRICT
Acreage of Preservation Site
Receiver Site
GMQS Exemptions
and TDR Unit of Development
Intensity Bonus
35 Acres
50% Floor Area Bonus
If total floor area of unit seeking GMQS
1 TDRUD = iDU /1,000 SF
exemption is less than or equal to 5,000 SF
1 Unit With Total of 1,500 SF
and 1 TDRUD is transferred, exemption
or 1,500 Additional SF to
applies
Existing Unit
60 Acres
50% Bonus + 25% Additional
If total floor area of unit seeking GMQS
1 TDRUD = 1DU /1,000 SF
Floor Area Bonus
exemption is less than or equal to 5,000 SF
and 1 TDRUD is transferred, exemption
1 Unit With Total of 1,750 SF
applies
or 1,750 Additional SF to
Existing Unit
70 Acres
50% Floor Area Bonus
If total floor area of unit seeking GMQS
2 TDRUDs = 2 DUs/2,000 SF
exemption is more than 5,000 SF but is less
2 Units With Total of 3,000
than or equal to 7,500 SF and 2 TDRUDs are
SF or 3,000 Additional SF to
transferred, exemption applies
Existing Unit
105 Acres
50% Floor Area Bonus
If total floor area of unit seeking GMQS
3 TDRUDs = 3 DUs/3,000 SF
exemption more than 7,500 SF but is less than
3 Units With Total of 4,500
or equal to 10,000 square feet and 3 TDRUDs
SF or 4,500 Additional SF to
are transferred, exemption applies
Existing Unit
140 Acres
5096 Floor Area Bonus
If total floor area of unit seeking GMQS
4 TDRUDs = 4 DUs/4,000 SF
exemption is more than 10,000 square feet but
4 Units With Total of 6,000
is less than or equal to 12,500 square feet and
SF or 6,000 Additional SF to
4 TDRUDs are transferred, exemption applies
Existing Unit
175 Acres
50% Floor Area Bonus
If total floor area of unit seeking GMQS
5 TDRUDs = 5 DUs/5,000 SF
exemption is more than 12,500 square feet but
5 Units With Total of 7,500
is less than or equal to 15,000 square feet and
SF or 7,500 Additional SF to
5 TDRUDs are transferred, exemption applies
Existing Unit
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Ordinance No. 95
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The following chart summarizes the GMQS exemption for transfers of TDR Rights to Receiver
Sites located outside of the Rural/Remote Zone District:
co yr ulyttla t.Lt viY iWN6 tOR TRANSFERS OF TDR RIGHTS OUTSIDE OF
RURAL/REMOTE ZONE DISTRICT
Total Floor Area of Unit Seeking
GMQS Exemption
Mnimum Percent Square
Number of TDRUDs and Amount
Footage of Transfer
of Square Footage Required for
< 5,000 SF
3017o
GM S Exem lion
I TDRUD /1,500 SF (after bonus)
> 5.000 SF, but <
7.500 SF
4017o
2 TDRUDs/3,000 SF (after bonus)
> 7.500 SF, but <
10.000 SF
45%
3 TDRUDsi4,500 SF (after bonus)
> 10,000 SF, but <
12.500 SF
4850
4 TDRUDs /6,000 SF (after bonus)
> 12,500 SF, but < 150%
25.000 SF
5 TDRUDs /7,500 SF (after bonus)
6. Standards and Criteria for Intensity Bonuses for Transfer of Development
Rights to Receiver Sites Located Within the Kura Remote Zone District
a. Intensity Bonus for Use of TDR Rights for Development on a 1535 Acre
Receiver Site. The transfer of one TDR Unit of Development to a Receiver Site which is located
within the Rural/Remote Zone District and is less than or equal to 35 acres or greater in size shall
result in an intensity bonus which shall entitle the developer of the Receiver Site to one dwelling
unit with 1,200 square feet of residential floor area.
b. Intensitv Bonus for Use of TDR Rights for Development on a >70 Acre
Receiver Site. The transfer of one TDR Unit of Development to a Receiver Site which is located
within the Rural/Remote Zone District and is 70 acres or greater in size shall result in an intensity
bonus which shall entitle the developer of the Receiver Site to one dwelling unit with 1,800
square feet of residential floor area.
C. Intensitv Bonus for Use of TDR Rights for Development on a -aI05 Acre
Receiver Site. The transfer of two TDR Units of Development to a Receiver Site which is
located within the Rural/Remote Zone District and is 105 acres or greater in size shall result in an
intensity bonus which shall entitle the developer of the Receiver Site to one dwelling unit with
2,400 square feet of residential floor area.
d. 2,400 Floor Area Limitation on Aeggregation of TDR Rights on a Single
Receiver Site. While aggregation of TDR Rights on a single Receiver Site is permitted, an
ago egated transfer within the Rural/Remote Zone District shall not in any case exceed two
thousand and four hundred (2,400) square feet of resiripritini n
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Ordinance No. 95 -_ Y
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e. Receiving Sites Exempt From GMQS. A Receiving Site within the
Rural/Remote Zone which is approved by special approval for development with TDR Rights
shall be exempt from the Growth Management Quota System.
f. Deed Restriction of Undeveloped Portion of Receiver Site Required Where
Site is Greater Than 35 Acres and Intensity Bonus is UtiNzede Where TDR Rights are
transferred to Receiver Sites located within the Rural/Remote Zone District and an intensity
bonus is utilized, the remainder of the Receiver Site shall be deed restricted against future
development. If the TDR Rights were not transferred from the Receiver Site, but were acquired
from some other Preservation Site, then the underlying Development Rights shall still be saleable
and transferable to another Receiver Site.
The following chart summarized the incentives for transfers of TDR Rights within the
Rural/Remote zone district:
FMA�MPLES OF INCENTWES FOR TRANSFERS OF TDR RIGH'T'S
WITHIN THE RURAL/REMOTE ZONE DISTRICT
Acreage of Receiver Site and
Number of TDRUDs
Intensity Bonus/Total
GMQS
TDR Unit of Development
Transferred
Allowed Square Footage
Exemptions
< 35 Acres
1 TDRUD Transferred
1 Dwelling Unit With 1200
Exemnuon
I TDRUD = iDU 11,000 SF
Square Feet
applies
> 35 Acres, but
l TDRUD Transferred
1 Dwelling Umt With 1200
Exemption
< 70 Acres
Square Feet
applies
I TDRUD = I DU /1,000 SF
> 70 Acres
2 TDRUDs Transferred or
1 Dwelling Uni[ With 1800
Exemption
2 TDRUDs = 2 DUs/2,000 SF
One TDRUD Transferred to
Square Feet
applies
Existing Development Right
2:105 Acres
3 TDRUDs Transferred or
1 Dwelling Unit With 2400
Exemption
3 TDRUDs = 3 DUs/3,000 SF
One TDRUD Transferred to
Square Feet
applies
Existing Development Right
D. 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 RuraVRemote Zone District in accordance
with the procedures set forth in Sections 460.95, 4 -70.25 and/or 480.25 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.
33E880 01/04/46 03:19P PG 19 OF 36
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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 tt 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 Rural/Remote Zone District The tranfer 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 Ma Potentially Result in a Total Gross
Floor area Greater Than 1; 000 Square Feet The tranfer 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
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
seekin=g a GIMQS 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 unit.
Enact the following Section:
3- 200.95 UTILITY EYTENSIONS IN THE RURAL/REMOTE ZONE DISTRICT
The following criteria are to be used in conjunction with the Special Review Criteria established in
Section 3=210 of the Land Use Code in order to allow the extension of utilities such as electricity,
water, sewer, telephone and cable on lands located within the Rural/Remote Zone District:
1. Is the extension of the utility service less disruptive to the environment than an alternative
source?
1. Does the proposed utility extension encroach upon or impact environmental hazards or
resources such as floodplain, geologic hazards, slopes exceeding 157o in grade, wildlife habitat,
wildfire, groundwater, ridgelines, vegetation, agricultural lands (irrigated meadows, dryland
pastures or other environmentally significant features)?
3. Is there a significant visual change or impact to the land area affected by the utility
extension?
U
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Ordinance No. 95 -_
Page 20
4. Can the visual impact be mitigated?
5. Does the extension visually impact surrounding properties?
6. Do reclamation and landscaping measures appear natural as related to the former
condition and surrounding environment?
Does the utility extension comply with the intent of the Rural/Remote zone district?
Enact the following Section:
4 -60.95 SPECIAL PROCEDURES FOR THE TRANSFER OF DEVELOPN E`iT RIGHTS
A. Procedures. The sale and transfer of development rights shall be carried out as
follows:
1. Procedure Prior to Sale of Development Right The procedure prior to sale of a
Development Right shail be as follows:
a. Affidavit of Development Right The owner of a parcel of land who sells a
Development Right from a Preservation Site shall prepare an Affidavit of Development Rights
in conformance with a form provided by the Community Development Department. The
affidavit shall be filed with the Community Development Department at least thirty (30) days
prior to the submission of any request for a Certificate of Development Rights.
b. Certificate of Development Rights For a Preservation Site. Any person who
sells a Development Right from a Preservation Site must obtain a Certificate of Development
Rights for a Preservation Site from the Pitkin County Community Development Department
prior to sale and deed recordation of a Development Right. A Certificate of Development Rights
shall be valid for one year. A Certificate of Development Rights on a Preservation Site shall only
be issued where:
1) An Affidavit of Development Rights is submitted.
2) The Preservation Site meets all of the standards and criteria set forth in Section 3-
40.115(C)(1) above.
A Certificate of Development Rights for a Preservation Site must be issued or denied by the
Community Development Department.
C. Deed Restriction of Preservation Site. After the sale of a Development Right,
the owner of the Preservation Site shall execute and record a deed restriction on the parcel which
tJLi f S6
88880 01/04/96 0-7:19P PG 20 OF 36
Ordinance Yo. 95 -_ Y
Page 21
acknowledges that the Development Right has been severed from the parcel and restricts future
development. The deed restriction must be executed within thirty (30) days after the sale of the
Development Rights from the Preservation Site. The deed restriction shall be in conformance
with a form provided by the Community Development Department.
d. Deed Recordation. A Development Right shall be conveyed by a deed duly
recorded in the office of the recorder of deeds for Pitkin County within sixty (60) days after the
sale of the Development Right and within thirty (30) days after the deed restriction of the
Preservation Site. The deed shall be in conformance with a form provided by the Community
Development Department.
e. Copv of Recorded Deed to be Submitted to Community Development
Department. A copy of the recorded deed shall be sent within thirty (30) days after recordation
to the Community Development Department.
f. Development Rights Appurtenant to Land Until Special Review Approval
Obtained. The owner of any parcel of land may transfer any development rights allocated to his
parcel of land at any time to any person, provided, however, that the use rights and the value
thereof shall be deemed for taxation and all other purposes to be appurtenant to the land from
which the rights are transferred until a development order is issued through the special review
process in Section 3- 210.10 of the Pitkin County Land Use Code authorizing use of the
transferred density.
2. Procedure for Approval of Receiver Sites Usine TDR Rights. The procedure
for approval of Receiver Sites using TDR Rights shall be as follows:
a. Approval of Receiver Sites Using TDR Rights Shall be by Special Review No
TDR Right may be used on any Receiver Site without obtaining special review approval pursuant
to Section 3- 210.10 of the Pitkin County Land Use Code. See Sections 4-70.25 and 4-30?5 for
additional procedures for the transfer of one or more TDR Rights, where Subdivision review is
required
b. Affidavit of TDR Rights and Application for Approval of a Transfer. The
owner of a TDR Right shall prepare an Affidavit of TDR Rights and intent to transfer the TDR
Right to a specific Receiver Site. Along with the Affidavit of TDR Rights, the owner of a TDR
Right shall attach a copy of the recorded deed conveying the Development Right and a copy of
the deed restriction of the Preservation Site. The Affidavit of TDR Rights shall be in
conformance with a form provided by the Community Development Department. The affidavits
and other materials shall be filed with the Community Development Department at least thirty
(30) days prior to the submission of any applications for Certificate of TDR Rights, special
review or other applications requesting development approval.
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Ordinance No. 95 -i y
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C. Certificate of TDR Rights. Any person who seeks special review approval to
use a TDR Right on a Receiver Site must obtain a Certificate of TDR Rights from the
Community Development Department prior to submission of any applications for special review
or other applications requesting development approval. A Certificate of TDR Rights shall be
valid for one year. A Certificate of TDR Rights shall only be issued where:
1) An Affidavit of TDR Rights is submitted.
2) The Receiver Site meets all of the standards and criteria set forth in Section 3-
40.115(C)(2) above.
3) A deed restriction is recorded and effective against the Preservation Site from
which the TDR Rights are being transferred.
A Certificate of TDR Rights must be issued or denied by the Community Development
Department.
d. Application for Special Review of Potential Receiver Site for TDR Rights
Within one vear after the issuance of the Certificate of TDR Rights, an application for special
review pursuant to Section 3- 210.10 of the Pitkin County Land Use Code must be filed. An
application for special review of a potential receiver site for TDR Rights must include the
following:
1) An Affidavit of TDR Rights.
2) A Certificate of TDR Rights.
3) All materials required in connection with a special review pursuant to Section 3-
20 of the Pitkin County Land Use Code.
e. Approval Approval With Conditions or Denial of Special Review
Application. The Board of County Commissioners shall approve, approve with conditions or
deny the application, provided that where the proposed development requires rezoning,
subdivision or planned development approval, the process shall follow the normal procedures
and time- frames set forth in the Pitkin County Land Use Code.
Enact the following Section:
4 -70.25 SPECIAL PROCEDURES FOR THE TRANSFER OF DEVELOPMENT RIGHTS
In addition to the procedures identified in Section 470.20 of the Land Use Code, the special
procedures in Section 4 -60.95 apply to the review for requests for approval of Receiver Sites using
TDR Rights and for the sale and transfer of Development Rights.
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Ordinance No. 95- Y
Page 23
Enact the following Section:
4 -80.25 SPECIAL PROCEDURES FOR THE TRANSFER OF DEVELOPMENT RIGHTS
In addition to the procedures identified in Section 4 -80.30 of the Land Use Code, the special
procedures in Section 4 -60.95 apply to the review for requests for approval of Receiver Sites using
TDR Rights and for the sale and transfer of Development Rights.
Amend Article 8, Definitions, to include the following:
AFFIDAVIT OF DEVELOPMENT RIGHTS. An Affidavit of Development Rights is
a sworn, written statement by a property owner which attests that: the property owner owns the
property; the property is located within the Rurai/Remote Zone District; and the Development
Right which the property owner claims to own has not been previously sold or otherwise
transferred_ An Affidavit of Development Rights shall be in conformance with a form provided
by the Community Development Department.
AFFIDAVIT OF TDR RIGHTS. An Affidavit of TDR Rights is a sworn, written
statement by a property owner which attests that: the property owner owns or has an option to
.)urchase TDR Rights and that the Development Rights on which the TDR Rights are based have
not previously been used on the parcel of land from which the Development Rights have been
transferred or on any other parcel of land. For the purposes of this definition, an option to
acquire a Development Right which is specifically enforceable shall constitute ownership. An
Affidavit of TDR Rights shall be in conformance with a form provided by the Community
Development Department.
CERTIFICATE OF DEVELOPMENT RIGHTS FOR A PRESERVATION SITE.
A Certificate of Development Rights for a Preservation Site is a document which is issued by the
Community Development Department which attests that particular Development Rights are
eiigible for severance and transfer from a specific Preservation Site. The Certificate constitutes
an official determination by Pitkin County that particular Development Rights are severable and
transferable as TDR Rights. The Certificate is not an opinion of title by Pitkin County in regard
to the Development Rights which are proposed to be transferred.
CERTIFICATE OF TDR RIGHTS. A Certificate of TDR Rights is a document which
is issued by the Community Development Department which attests to the existence of TDR
Rights which may be transferred to a particular Receiver Site. The Certificate constitutes an
official determination by Pitkin County that the TDR Rights are eligible for transfer to a specific
Receiver Site, subject to special review approval pursuant to Section 3- 210.10 of the Pitkin
County Land Use Code. The Certificate is not an opinion of title by Pitkin County in regard to
the TDR Rights which are proposed to be transferred.
388880 01/04/96 03 :199' FAG 23 OF 3E
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Ordinance No. 95 Y
Page 24
DEVELOPMENT RIGHTS. The right to use a parcel of land for particular uses
permitted under the Rural/Remote Zone District which constitutes a separate estate in land which
is severable from the fee simple estate to which it is appurtenant.
INCENTIVES FOR USE OF TDR RIGHTS. Legislatively created bonuses and
exemptions to enhance the preservation of lands within the Rural/Remote Zone District and
encourage the transfer of Development Rights from lands inappropriate for development to
approved Receiver Sites. The incentives for the use of TDR Rights include floor area intensity
bonuses and GMQS exemptions.
PRESERVATION SITE. A parcel of land from which Development Rights are severed
and transferred, provided that a Preservation Site may only be located in the Rural/Remote Zone
District. For every 35 acres, a Preservation Site is associated with one TDR Unit of
Development, however a legally created parcel less than 35 acres shall also be associated with
one TDR Unit of Development.
RECEIVER SITE. A parcel of land to which Development Rights are transferred
within Pitkin County in accordance with the standards, criteria and procedures of Section 3-
150.160, 4- 60.95, 4 -70.95 and 4- 80.95, and as approved through special review pursuant to
Section 3- 210.10 of the Pitkin County Land Use Code. A Receiver Site maybe located in the
Rural/Remote Zone District or anywhere else in Pitkin County.
RURAL/REMOTE ZONE DISTRICT. Those lands shown on Exhibits A -D to this
Ordinance which have been rezoned by this Ordinance from AER -10, RS -20 and RS -30 to the
Rural/Remote Zone District.
TRANSFERABLE DEVELOPMENT RIGHTS OR TDR RIGHTS. Transferable
Development Rights or TDR Rights are the right to sever development rights which exist under
the land use regulations, codes and plans of Pitkin County for lands which have been designated
within the Rural/Remote Zone District and to transfer such rights to lands which are designated
as suitable for on -site development. Once a Development Right is severed from a Preservation
Site, it becomes a Transferable Development Right or TDR Right until it is attached to a
Receiver Site.
TDR UNIT OF DEVELOPMENT OR TDRUD. The amount of development which
may be transferred from a Preservation Site to a Receiver Site. One TDR Unit of Development
represents one residential dwelling unit and 1000 square feet of permitted floor area. For
purposes of this definition, fractions of TDR Units of Development do not exist.
BE IT FURTHER ORDA 11 IED by the Board that it intends to grant exempt or pipeline
status for any application located within identified study areas which is substantially complete as of
:88880 01/04/96 03:113P PG 84 OF —76
i;uuJ40
Ordinance No. 95.1
Page 25
February 14, 1995. These applications shall be processed pursuant to their underlying zoning prior
to efforts to initiate Rural/Remote zoning.
BE IT FURTHER ORDAINED that this rezoning under established local and State laws
shall not affect those parcels within the described areas which have current and valid vested Site
Specific Development Plans, provided that development of these parcels must conform to the
provisions of the vested approval.
BE IT FURTHER ORDAINED that it is the intention of the Board that rezoning shall not
affect any parcel within the described area which is located within a platted and approved
subdivision.
BE IT FURTHER ORDAINED that where a parcel of land is bisected by the zone district
boundaries the parcel may be further reviewed at the request of the owners upon a rezoning request.
These rezoning requests may be made companion with a 1041 Hazard Review application, or as a
stand alone application. Under current Land Use Code provisions, privately submitted rezoning
requests are limited to two periods in February and August. For the purpose of a Rural/Remote
determination, the Board may waive these deadlines at their discretion. Moreover, if a site zoned
R/R is later determined to be appropriate for rezoning to another zone due to the fact that, based
upon a site specific analysis, the property does not meet the criteria test for R/R (pursuant to Recital
#10 of this Ordinance), all fees for processing the request shall be refunded.
BE IT FURTHER ORDAINED that every year, annually after the date of adoption of this
Ordinance, the Board of County Commissioners shall evaluate the effectiveness of the transfer of
development rights provision. Among the factors to be considered in evaluating the effectiveness
388880 01/04/95 03:19P PG c5 OF 36
0Li UJ41
Ordinance No. 95 % V
Page 26
of the provision shall be: (1) whether there is an adequate market place for the TDR Rights or
whether additional measures should be taken to increase the marketability of TDR Rights;(2)
whether the provision offers sufficient incentives to encourage transfers out of the Rural/Remote
Zone District into areas more suitable for residential development; and (3) whether the procedures
relating to the implementation of the transfer of development rights provision are functioning
smoothly and efficiently as possible. The evaluation of the transfer of development rights provision
shall be by one duly noticed public hearing and the decision whether to modify or amend the
provision shall be solely within the legislative discretion of the Board.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING on the 22nd day
of March. 1995.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 29th
day of March. 1995.
SECOND READING AND PUBLIC HEARING on the 19th day of April, 1995.
THIRD READING AND PUBLIC HEARING on the 17th day of May, 1995.
FOURTH READING AND PUBLIC HEARING on the 27th day of July, 1995.
FIFTH READING AND PUBLIC HEARING on the 12th day of September, 1995.
SIXTH READING .VND PUBLIC HEARING on the 24th day of October, 1995.
SEVENTH READING AND PUBLIC HEARING on the 14th day of November, 1995.
EIGHTH READING AND PUBLIC HEARING on the 15th day of November, 1995.
PUBLISHED AFTER ADOPTION IN THE ASPEN TL VIES on the 2nd day of
December, 1995.
X88880 01/04/96 03 :19P P6 26 OF 36
ouL11142
Ordinance No. 95 -,-)-
Page 37
ATTEST:
,I
/'
Jeanette Jones,
Deputy Clerk and Recorder
APPROVED AS TO CONTENT:
Cindy Houben,
Community Development Director
uuC:l43
01/04/96 03 :19G PG 27 OF 36
BOARD OF COUNTY
COMAUSSIONERS
PITKIN COUNTY, COLORADO
APPROVED AS TO FORM:
r--
John Ely, -
County Att
PN
Criteria
Castle Creek Investors, Inc.
Pitkin County Land Use Code Amendment
Residential Growth Management Scoring Criteria
5- Jun -12
Total Multiplier Potential New R/R 35
Points Maximum Acre Lot
Available Score w /1,000 SF
Residence
Scoring
Criteria
With the maximum scores above, a 1,000 SF
Total Points 30 18 points residence on a newly created 35 acre lot cannot
meet minimum threshold.
Minimum Threshold to Obtain a GMQS Allocation 22 22 points
2 -O
1, 3 3
2
Z -G(,
l
3.3 3
2
S�
ZI.?'2
Note: With the addition of 6 points in the Reduce Mass category, a GMQS application in the Rural /Remote Zone District for a 1,000 SF
residence on a newly created 35 acre lot must score 16 of 18 possible points in the other sections of the GMQS application to meet
minimum threshold. As a result, parcels /applications that can meet 90% of the potential scoring criteria for pulic and private facilities,
effect on environment, and community goals will be able to meet minimum threshold. � ?
Can score a 2 if fire protection provides for the
2
needs of the project and helps to solve a problem,
(a) Fire Protection
0 -2
1
2
4
resolve a constraint with existing facilities, or
otherwise benefit the surrounding neighborhood.
Can score a 2 if road system provides for the needs
2
of the project and help to solve a problem, resolve a
(b) Road System
0 -2
1
2
4
constraint with existing facilities, or otherwise benefit
(b) Wildlife Habitat
0 -2
2
4
the surrounding neighborhood.
Can score a 2 if transit/trails provide for the needs of
2
2
the project and help to solve a problem, resolve a
(c) Transit/Trails
0 -2
1
constraint with existing facilities, or otherwise benefit
(3) Below Allowed Density
0 -2
2
4
0
the surrounding neighborhood.
With the maximum scores above, a 1,000 SF
Total Points 30 18 points residence on a newly created 35 acre lot cannot
meet minimum threshold.
Minimum Threshold to Obtain a GMQS Allocation 22 22 points
2 -O
1, 3 3
2
Z -G(,
l
3.3 3
2
S�
ZI.?'2
Note: With the addition of 6 points in the Reduce Mass category, a GMQS application in the Rural /Remote Zone District for a 1,000 SF
residence on a newly created 35 acre lot must score 16 of 18 possible points in the other sections of the GMQS application to meet
minimum threshold. As a result, parcels /applications that can meet 90% of the potential scoring criteria for pulic and private facilities,
effect on environment, and community goals will be able to meet minimum threshold. � ?
Can score a 2 with a multiplier of 2 if proposed
development exceeds an adoptedwater resources
(a) Water Resources
0 -2
2
4
4
standard or solves an existing problem as
expressed in at least one of the standard in that
category.
Can score a 2 with a multiplier of 2 if development
4
exceeds an adopted wildlife standard or solves an
(b) Wildlife Habitat
0 -2
2
4
existing problem as expressed in at least one of the
standard in that category.
With the maximum scores above, a 1,000 SF
Total Points 30 18 points residence on a newly created 35 acre lot cannot
meet minimum threshold.
Minimum Threshold to Obtain a GMQS Allocation 22 22 points
2 -O
1, 3 3
2
Z -G(,
l
3.3 3
2
S�
ZI.?'2
Note: With the addition of 6 points in the Reduce Mass category, a GMQS application in the Rural /Remote Zone District for a 1,000 SF
residence on a newly created 35 acre lot must score 16 of 18 possible points in the other sections of the GMQS application to meet
minimum threshold. As a result, parcels /applications that can meet 90% of the potential scoring criteria for pulic and private facilities,
effect on environment, and community goals will be able to meet minimum threshold. � ?
Can only score a 1 with a multiplier or 2 according to
staff as proposed development preserves "some"
(1) Open Space
0 -2
2
4
2
and not "all" of the valued open space within the
property.
Can score a 2 if the proposed development
complies with the County's adopted mitigation
2
standards for development in floodplain, geologic,
(2) Hazard Avoidance
0 -2
1
2
and wildfire hazard areas and includes no
development activities on slopes in excess of 30%
or in areas subject to severe wildfire hazards.
A 1,000 SF residence on a newly created 35 acre lot
(3) Below Allowed Density
0 -2
2
4
0
will receive a score of 0 according to staff.
An above grade 1,000 SF cabin at a 20' building
(4) Reduce Mass
0 -6
1
6
0
hei ht will receive a score of 0 according to staff.
Creative bonus points can be awarded, but only if
(d) Creative Bonus
0 -5
1
5
0
the application meets minimum threshold.
With the maximum scores above, a 1,000 SF
Total Points 30 18 points residence on a newly created 35 acre lot cannot
meet minimum threshold.
Minimum Threshold to Obtain a GMQS Allocation 22 22 points
2 -O
1, 3 3
2
Z -G(,
l
3.3 3
2
S�
ZI.?'2
Note: With the addition of 6 points in the Reduce Mass category, a GMQS application in the Rural /Remote Zone District for a 1,000 SF
residence on a newly created 35 acre lot must score 16 of 18 possible points in the other sections of the GMQS application to meet
minimum threshold. As a result, parcels /applications that can meet 90% of the potential scoring criteria for pulic and private facilities,
effect on environment, and community goals will be able to meet minimum threshold. � ?
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920- 5526/FAX# (970) 920 -5439
May 1, 2012
Doug Pratte
PO Box 107
Basalt, CO 81621
Re: Castle Creek Investors Code Amendment
(PID# 2735- 364 -00 -001; CASE # P035 -12)
Dear Mr. Pratte:
The Planning staff has completed its preliminary review of the captioned application. We have
determined that this application is complete. After a more detailed review of the submittal information,
additional information specific to the application may be requested in order to adequately review and
process the application. The planner in charge of the review will request the information from you
directly.
This application has been scheduled for review by the Pitkin County Planning and Zoning Commission
on Tuesday, June 5, 2012 at a meeting to begin at 5:00 p.m. in Plaza One Conference Room, 530 E.
Main St., Aspen. Should this date be inconvenient for you please contact me within 3 working days of
the date of this letter. After that the agenda date will be considered final and changes to the schedule or
tabling of the application will only be allowed for unavoidable technical problems.
If you have any questions, please call Suzanne Wolff, the planner assigned to your case, at 920 -5093.
Sincerely,
Bonnie Waechtler
Administrative Assistant
PITKIN (i, UNTY COMMUNITY DEVEL6- MENT
Permit Receipt
RECEIPT NUMBER 00032292
Name: Castle Creek Investers, Inc. Date:4/11/2012
Project Address: 0 MIDNIGHT MINE RD
Type: check
# 1546
Permit Number
Fee Description
Amount
0035.2012.PLAN
PP- Flat Fee
1,560.00
0035.2012.PLAN
PP- Clerk Fee
375.00
0035.2012.PLAN
PP- Clerk Tech Fee
25.00
0035.2012.PLAN
PP- Public Notice Fee
54.00
Total: 2,014.00