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Home My WebLink Aboutbocc.ord.037.1996 ��,'�: A f �`.:;:' ..i9VJJl �`�: i�i31/199C �•t:;�n r-�� i or- �:8 kr_c nnc ivo�r , SII_VIR PFWIS RITKIN COUN"fY C(_ERf: 1; F2EC:;ORDER +%+.��l � FIRST AMENDMENT TO ORDINANCE 95-24 OF THE PITKIN COUNTY BOARD OF 1. � COUNTY COMMISSIONERS REZONING OUTLYING SITES WITHIN PITHIN , %� . .r,�' COUNTY FIiOM AFR-10 AGRICULTURAL/EORESTRY/RESIDENTIAL ZONE \1 DISTRICT,RS-20 AND RS-30 PLANNED UNIT DEVELOPMENT(PUD)RESOURCE ZONE DISTRICTS TO THE RURAIJREMOTE ZONE DIS'CRICT(R/R)AND AS PROVIDED HEREIN AND AMENDIIVG THE PITKIN COUNTY ZONING DISTRICT : � MAP AND LAND USE CODE SECTIONS 3-40.115,3-150.160,3-200.95,4-60.95,4-70.25, �,p_ m� AND 4-80.25,AND ARTICLE 8. N@� a� � a�� Specificalty,this ortlinance amends ordinance 95-24 by clarifying and deieting charts rclaring m m� to Transferabte Devetopment Rights(TDRs),adding cross references and assignment of thc e M� � amount of square footage available�vhen TDR's are used to increase square footage above ,o�"—� , 15,000 square feet pursuant to Section�Q¢,QQ of the Pitkin County Land Use Code, a��w � allowing existing cabins to remain by either deed restricting an existing cabin or the new a^�� develo�ment,clariFcation of affordabte housing mitigation requirements and clarifica4ion of z�!—� � the timing of required deed restrictions on parcels from which TDRs have been transferred. m o�' a M� � Ordinance No.9G;3, � -"i z� . v wm` RECITALS = �.. o `� c � 1 1. Section 2-10 of the Pitkin County Land Use Code(hereinafter"Code"),Community � � C \.� � �w� � Balance,states that it is the poiicy of the Counry"...to conserve and protect from further � !'� x degradation the present natural environment and its resources. Development whicl�can be accommodated within these limits will be managed to maintain a balance between residential, conunerciai and toudst accommodations." � 2. 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 aze identified as eontaining Areas �rcQ,�o��c2 �q5--��( ��.�C.cx�c� a� �e�P.�'�o�v � �!t"-: 3� g $ BC�� , ,:;. . _ � ; -: . ..; ; r„;;:;::=;. ,? �I�t��l f�l��"��'f'i�'1��'��II��u'I�t��r'� �1 r�.� 403130 04/04/199T 02:12P ORDINRNCE � ? �. 2 of 28 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK Ordinance No.96-�� Pngc 2 ` ti.. and Activities of Local and State Interest,and to prevent any use which will subject any person,use � '.;y or resource to natural or man-made hazards." 3. 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 '� pattems which disrupt such habitat." � � 4. Section 2-210 of the Code,Logical Extension 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 reguiations of the Pitkin County Land Use Code." - 5. Section 2-250 of the Code,Compatibitity with Historical and Archeological Resources, states that it is the policy of the County"...to protect sites,structures and surrounding azeas determined to have historical or azcheological significance" �� 6. Section 2-280 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 neazby public lands which are compatible with public use of those lands and with Yhe preservation of the natural environment." 7. To implement these policies the Board of County Commissioners amended Code to create the RuraVRemote Zone District pursuant to Ordinance 94-16. At the time of adoption,only the Richmond Hill/Little Annie area(as shown on Exhibit"E")was rezoned RurallRemote. �98551 10/31/1996 ki�:�4P P6 2 OF 28 �. I � � � i.'::, • '1`� . . t � � . e .a` ' .� - {Iili{I 11111111111 Illl illilll IIIlt fllll IN 111111111 illi �:��t:��-; 403130 04/04/1997 02:32P ORDINiiNCE �°�'�';:.. 3 of 28 R 0.00 D 0.00 N 0.00 PITKIN COUNT7 CLERK �'v-"'�;'' Ordinance No.96�( �'' Page 3 c 8. Additional planning areas(as shown on Exhibits"A-D")have beea identified which contain . �'� '.'J. . character and resource qualities which require unique management under the above cited Code �. sections. 9. 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 identifced as � , containing attributes requiring management. 10. Criteria for identifying areas appropriate for inciusion in the Rural/Remote Zones must include at least four of the fotlowing characteristics: a. Sites which are Iocated more than one l�alf mile from winter maintained public roadways; except where privately maintained driveways or roadways serve residentiat development approved _ prior to the effective date of this ordinance(January 2,1996). A distance of 1/Z mile was established based on a finding that the extension of further development decreases the integrity of the environment,decreases the nual and remote character of the area and significantly increases the risks involved with providing emergency service to the area.And that beyond 1/2 mi1e,the following issues/characteristics exisY: � _ • 1/2 mile has been established by vazious wildlife experts as the limits of the"wne 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 impaets 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,wiidfire or wildlife; f. Locarion within subalpine or alpine ecosystems;* g. Location at or above 9,000 foot elevation � 3965:a1 iQ�/31/19?6 0�:34F' F'G .; OF �$ �� / - �`:;,'�4''�. . �1 ( 0 � . ':./ . ....__.,e.,....m. .._�._.. ., .,> � .. . .. ...x... . .. •,, , , �; . _.. . . - _ , , _ �� ' '`. i Il li(11(Illf Itlllll lllll llllf III IIIiI Iiii llil ,;,.: 403130 04/04/1997 02:12P ORDINtiNCE + '% 4 of 28 R 0.0@ D 0.00 N 0.00 PITKIN COUNTY CLERK Ordinance No.96��/' Page 4 ' t, h. Historic resources; ,.�; i. Providing access to publiciy owned backcountry recreation areas;and '. j. Unique backcountry character. * Subalpine and atpine ecosystems in Pitkin County aze(ocated between 4,000-11,400 and ]1,400-14,000+feet in elevation,respeciively. The alpine ecosystem is found above tree . limit. Subalpine forests aze 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 wliich a master plan review is currently being prooessed. Exceptions have also been made for known existing approved subdivisions andlor where residentiat neighborhoods are established as further described on the attached maps and within the written descriptions of the study azea boundaries. Additionally,an exception has been made for the Fryittg Pan River Ranch which is located as a Special Review operation on U.S.Forest Service property, and which is primarily located within 1/2 mile of the Frying Pan Road. ' 11. Currentiy,the planning study azeas to be rezoned aze 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 foAowing planning areas were to develop 10 the maximum density of the underlying zone districts,the following approximate number of units cou]d be buiit: Hunter Creek: 15 units Fryingpan: 288 units Mazoon/Castle: 203 units Independence/Lincoln: Q$units � Tota] 604 units a9A551 1S/�I/1996 �2:�4F' 1-'G 4 OF cB ` -_ / ' ,�_�"�'_ '� � ! t Ya . '>I `� {illll!111(I iillll illl IIIf1N Illii Ilill ili 1111111lI IIII ^ : ,;,;.4,. k . , 403130 04/04/1997 02:12P ORDINHNCE (`;'';:�: S of 28 R 0.00 D 0.D0 N 0.00 PITKIN COUNTY CLERK '' �� Ordinancc No.96-�I �t.�,'��' Page 5 '= , V � Growth Management and 104I Hazard Review typically reduce the number of�mits aliowed in the ti, underlying zone district; however,not a(1 of these areas aze subject to Growth Management and '; � density reducrions aze not ensured by these or other existing Code provisions. Development in these areas under current zoning guidelines wouid clearty create significant environmentai impacts; present a need to provide public services outside our ability levels;involve illogical public and private utility extensions;and create incompatible development and impacis on public lands. • Rewning these areas to the RwaURemote Zone District wiil result in a potential average unit buiidout reduction of approximately 53%,and square footage reductions of up ta 90+%;providing ' a basis for preserving the health,safety,order and generai welfare of people residing and using - these areas. Deve[opment of large residences that aze allowed under cunent zoning districts necessarily reqwre that such residences wili have a lazge 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 Uie environment. 12. After review of environmental issues,emergency secvice impacts,and impacts on the character of the backcountry,the Board o£County Commissioners(hereinatter"Board")has recognized that traditional residential development in these areas is inappropriate. Increasing real estate costs,escalating development pressures and the development of lazge scale residences in RuratlRemote areas for the first tima have contributed to the need to reevaluate current wning designations. .i9BJJ1 la/31/1446 4�2::4F' PG 5 OF �8 , . � ,•�t;, i �;'�.�.i��, , � e :...a. T% ._;. .. , _ _ "r� �.-:,•: ��'I��'I��I��'I��1��I�� I,Y��:;,`. 403130 04/04/3947 02:12P ORDINNNCE 6 of 28 R 0.00 0 0.00 N 0.00 PiTKIN COUNTY CLERK � Ordinancc IVo.96-1J r Page 6 �> 1. 13. The Board itnds that development of a Transfer of Development Ribhts(TDR)Pmgram in �-;; conjunction with Yhe RuraURemote Zone District provides equitab]e mitigation for landowners and places development in appropriate locations in Pitkin County. NOW,THEREFORE BE IT ORDAINED by the Boazd of County Commissioners that it � does hereby rezone ali lands within the identified planning study azeas on the attached maps titled _ "Board of County Commissioners Exhibiis"A tluough D"to the Rura!/Remote wne district provided herein. The following revisions to the Pitkin County Land Use Code shall implement amendments to the Rural/Remote Zone District, Planning azeas identified on E�chibits"A througlt E,"including the Richmond HiIULittle Annie azea shall be affected by the amendments. Written . descriptions of the Planning areas aze attached as Exhibit"F". Repeal and re-enact Sec[ion 3-40.115 as follows: �= 3-40.115 RR RURAL/REMOTE _ A. Intent: The intent of the RuraURemote Zone District is to preserve the natural environment and the low scafe,low density backcountry chazacter;to minimize environmental degradation and retain open space;to balance recreational uses and limited development. This zoae district applies to areas of the County which aze removed from emergency services and traditional services(such as electricity,phone service,yeaz round road maintenance,and central water and sewer). These lands are often encumbered by a vaziety of natural hazard azeas such as steep siopes, avalanche,wildlife or wildfire. Typically,lands within this wne are subalpine and alpine. Among otl�er qualities,subalpine and alpine ecosystems function to collect,store,filter and distribute water for atl 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 chazacter of the Community. These lands maintain a unique lifestyle altemative£or backcounhy individuals, protect the integrity of the larger overali ecosys[em and provide backcountry(non-wildemess) winter and summer low impact recreational uses. " �9�JJ1 10/.�1/1996 �2:34F� f'G 6 OF 28 , � � . �:� � • � a ,,y:� . .,� ± 1�iiii�iii1�ii��ii��i��iu�li i��ir��ii i�i��iii i�i�ur� .: 403330 04/04/3997 02:32P ORDINANCE r-�� F � 7 of 28 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK �,"�'si. Ordinancc No.96-.�� ._ Pagc 7 `" � B. Allowed Use�; The foltowing uses are permitted as of right in the Rural/Remote � '*„ Zone District. ' ��.=�,. 1. Non-commercial recreational uses *2. Single family dwelling units 3. Shared water systems �r � 4. Solar energy collectors for on site residenfial purposas ' 5. Wind powered appazatus for on site residential purposes 6. Pedestrian foot trails 7. Above ground generators which meet the decibei requirements of the Environmental Health Depariment. . 8. Gazdening outside of the building envelope up to 2,Sd0 square feet in size. 9. Agriculturat operations and practices wivch were in existence prior to the adopYion of this ocdinance(November I5,1995). � 10. Fences which meet Colorado Division of Wildlife standazds and are located ouiside . of critical wildlife habitat as defined by the Pitkin County Land Use Code. 11. Repair oFexisting fences,regazdless of location within wildlife habitat. 12. Termination of noxious weeds(as defined by the Pitkin County Land Management Department)within and autside of the building envelope. •STNGLE FAMILY DWELLING IJNITS MAY TAKE THE FOTtM OF � ALTERNATIVE/NON-TRADITIONAL STRUCTURES SUCH AS DOMES, YURTS,TEEPEES AND ELEVATED PLATFORMS/TREEHOUSES, CONTINGENT UPON COMPLIANCS WITH UNIFORM BUILDING CODE REQUIREMBNTS C. Snecial Review Uses 1. Automobile parking areas which centralize pazking adjacent to existing roadways in order to aliow aiternative access beyond that point(ie:skiing,hiking,snowmobiling) .^.'�S�JJ� iQ/31/19% 0:�:�4R F'G 7 OF 28 j � ,�ti,,., Jy.. . .. �~�.. � . �� . ' , •�/ _ — — —=.--�Y.�— ',x I��I��t��(�� `*,s,�'. i,,.:-;:- 403130 04/04/1997 02:iZP ORDINiiNCE �"�`�' 8 of 28 R 0.00 D 0.00 N 0.00 PITKIN (:QtJNTY CLERlf �:';"_' • Ordinunce No.96-..�j�� '" Pagc 8 - r 'l.. 2. Driveways 3. Helicopter access/construction use 4. Extractive operations t_ . 5. Transfer of development rights 6. Commercial recreationa]uses 7. Fences which meet Colorado Division of Wild[ife standards and are located in critical wildlife habitat and/or migration corridors as de£ned by the Code. 8. Individual water supply 9. Insiividual sewage disposal system 10. Hydro plant to service a single residence 11. Expansion of footprint to 1000 square feet ' 12. Existing dwelling units may be deducted from the a]lowed density if they are 5`LL existing legal units,and either the new or the existing unit is deed reskricted to be occupied by residents,as determined by the Housing Authority Guidelines. Eiowever,yeaz-round occupancy of - ' the unit shall not be required. 13. Extension of utilities such as eleckicity,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/activiries are prohibited in the RuraURemote Zone District. ° 1. Winter maintenance of roadways and driveways. 2. Accessory structures other than outhouse facilities and mechanical enclosures. 3. New roadways. 4. Uses not[isted as allowed or special review uses � � _ ,i98551 10/32/199E 02::4F+ PG B OF c8 � :' � -:;:, . ,��;<<:; . � • `,, • ' � .a` � � -.i ' . - : I IIIII!IIIII IIIIII IIII Illilll IIIII INi!III IINI IIII Ilif _ � 403130 04/04/1997 02:3ZP ORDINpNCE 9 of 28 R 0.00 D 0.00 N 0.00 PI7KIN COUNTY CLERK ( 1 • ',:L. Ordinancc No.96-�� Page 9 5. Individual water wells which aze not othenvise approved by Special Review. �.'� 6. Traditional septic/leach field which are not othetwise 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. Dimensiona]Reauirements: Except as may be permitted by Special Review pursuant to the provisions of 3-40.115 C.,the following dimensional requirements shall apply to all permitted and specia!review uses in the RuraVRemote Zone District. 1. Minimum Lot Area-35 acres 2. Minimum Lot Area Principal Use-35 acres 3. Maximutn Size of Activity Envelope per Dwelling Unit-0.5 acres 4. Minimum Front Yazd Setback-Determined by Special Review 5. Minunum Side Yard Setback-Determined by Special Review 6. Minimum Reaz Yazd Setback-Determined by Special Review i 7. 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. **10. Maximum Floor Area not to exceed 1000 square feet. � J9BJJS la/�1/1996 0c:�4P F'G 9 OF 28 / - �7:}�S'..� .. . . ,. � � a _�x' . >.i I lillfi lilll ll{III Illi IIIIIIi INII lllll Ill lllfll lll Illf ��:�=<<�:T�; � ° Y . 403130 04/04/1997 02:12P ORDINfiNCE r 10 of 28 R 0.00 D 8.00 N 0.00 PITKIN CI7UNTY CLERK , Ordinancc No.96�� ._ Pagc 10 �. i. ** 1 I. PiatformslTreehouses shatl not exceed 250 square feet of floar azea which is ' included in the 1000 square feet maximum floor azea. � '; ** 12. Outhouse and mechanical enclosures shali not exceed a total nf 100 square feet of floor azea * IN MEASURtNG FOOTPRINT,ALL DIMBNSIONS SHALL BI:TAKEN FROM r � , THE OUTSIDE FACE OF FRAMING OR OTHER PRIMARY WALL MEMBERS. � **FOR THE PURPOSE OF THIS ZONE DISTRICT FLOOR ARE;A CALCULATIONS - ' DO NOT PROVIDE EXEMPTIONS FOR BELOW GRADE SPACE OR GARAGE AND , • CARPORT SPACE. . g F. Zone District Boundaries: If a parcel does not meet the criteria as outlined ia recital#10 of this ordinance,as determined by the Board of County Commissioners,then the pazcel shall revert back to its originai wning. , Repeai and re-enact Section 3-150.1b0 as follows: SECTION 3-150.160 TRANSFER OF DEVELOPMENT RIGHTS A. Pur�se and E�g�licabilitv. �. 1. se. The purpose of this transfer of development rights provision is to provide for the protection of lands within the Rura]/Remote Zone District and to provide the owners of property within that Dishict 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]and use regulations,codes and . plans. 2. Aonlicabilitv. Development Rights shall be transferable from any Preservation Site within the Rural/Remote Zone District to any approved Receiver Site. A Receiver Site for TDR Rights shall be approved by special review pursuant to Section 3�10.10 ofthe Pitkin County Land Use Code. � . B. Standards and Crite�, 1. Standards and Criteria for Preservation Sites 390�51 1�/31/1996 02:34F' F'G 1@ QF t8 y I � ,T:: / 7r.}' . '�i.T;'; -1 � Q . a" ':.I . � 1 S � I IIIIII fllll IIIIII IIII Illflll lllll IIIII III Illllf III Iltl 403130 04/04/1997 02:12P ORDINfiNCE �} 31 of 28 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK Ordinnncc No.96-�I Page 11 a. T?eveloFment Rj�hts urtenant to Preservation Sites May.�Severed from the Site and Converted Into TbR Rights In addition to any other use permitted in the RurallRemote 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 Acrec Associated With One TDR Unit of Develonment• For eacli 35 • acres,every Preservation Site shall be associated with one TDR Unit of Development,provided that fractions of TDR Units of Devetopment sliall not be considered. A Preservation Site less than 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 Preservatian Site: TDR UNITS OF DEVELOPMENT BY ACREAGE Acreage of Preservation Site Number of TDR Units of Development " Less Than 35 Acres 1 TDR Unit of Development 35 Acres i TDR Unit of Development ! 60 Acres 1 TDR Unit of Development , � 70 Acres 2 TDR Units of Development � 90 Acres 2 TDR Units of Development 135 Acres 3 TDR Unifs 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. d. Preservation Sites Shal(be legally Created and are Subject to cumulation provisions. A preservation Site shall be a legally created pazcel and is subject to the cumulation I provisions of section 6-50.20 of the Pitkin County Land Use Code. 2, Standards and Criteria for Receiver Sites 398551 10/31/1996 02:�4F' F'G il OF �6 � ,�,1. / �':;:f�- • . • � � � a _.�' . ^`fi:. ,,�., . w _ ��j��«�� ,' 403130 04/04/1987 02:12P ORDINHNCE 'r'' ' 12 of 28 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK Ordinance No.96-IJ{ � �'` Page l2 �. a. Receiver Site Muct Obtain S�ecial Review Angroval No development of a � �`° Receiver Site with TDR Rights shalt be carried out until such development has been approved " .�� by special review pursuant to Section 3-21010 of the Pitkin County Land Use Cade. � b. Receiver Site Has Potential to Receive TDR Rig�s In additiott to any other use permitted by the applicable zone district,a Receiver Site shall be e(igib[e 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 belaw. . c. Receiver Cite Located Anvwhere in Pitkin Countv A Receiver Site may be . located anywhere in Pitkin County,subject to Yhe limitations set forth in)Section B(3)(e)below. ; d, ec Proposed on Receiver Cite Must be Consistent With Underlyin�Zone � i ' t Except as expressly authorized under subsec6ons B(3}(c)through B(4)(c)of this � Section,all development of the Receiver Site shalt camply with each and every requirement of the applicable zoning district regulations. �. � e. �fford�bJe Housin�Mitigation. No affordable housing mitigation is required for transferred development rights. 3, Ctanriar(ic anri C`rit ria fnr Tranaf r rtf]�evelo�ment Rig�ts from a Preservation Site to a Receiver Site Located Outside of the Rural/Remote Zone District. �:: � a. Zransfer o�Develqnment Ri�hts Re i�4!res Approval By�,pecial Review The transfer of development rights from a Preservation Site to a Receiver Site which is not located in the Rura[/Remote Zone District shall be approved by special reviaw 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 B through C of this Section. b. Transfers of Fractions of TDR Units of Develooment Prohibited Tlie transfer of less than one TDR Unit of Development,or any other fractions of a unit,shall not be permitted. c. 13P�P��Pr Site Must Meet_Ur�derlyine Zone District Requirements A transfer of development rights from a Preservation Site to a Receiver Site located outside of tlie Rural/Remote Zone District shali meet ihe underlying requirements of the zone district of the Rece�ver Site. If the underlying requirements of the Receiver Site zone district can not be satisfied, the Receiver Site must be reviewed and deemed appropriate for rezoning based on Section 3-220.20 of the Pitkin County Land Use Code prior to any transfers. .i9L3JJS 1�/31/1996 �72:34P FG 1:? OF 28 '- t i "'- � j:`; -. . 1 :.;: .. - � . � :� ¢ �:, . �i�iii��iiii ii�s��iiii�riiii�iiili ii�i�iii iriiii��i iii� ��.:_� . 403130 04/04/3997 02:12P ORDINRNCE j. -`; �, 13 of 29 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK Ordinancc No.96�, Pagc 13 d. Use of Preservation Site R�stricted Afrer 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 4-6095 below. e. Transfers from Certain Preservation Site Locations Lim�ed 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 PJanning 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 Ptanning Area may only be transferred to a Receiver Site located within the Non-Meuo area of Pitkin County(the area not included within the Metro area identified in the Aspen Area Community Plan). f. Aeerge_ation of'['DR Rights Permitted on Sinele Receiver Site Transferable development rights may be aggregated from different Preservation Sices for development on a single Receiver Site,pmvided that no residential development outside of the RuraURemote Zone District shall exceed 15,000 square feet of residentiai floor area without special review pursuant - to section�of the Pitkin County Land Use Code,or as such ma�cimum Residential square footage may be amended by the Board of County Commissioners from time to time. g, TDIt'��be uced to increase residential s�are footage above 15 000 square fe�t�. TDR's may be transfened to increase square footage of a residentiai use above 15,000 square feet pursuant to Section 3-200.90 of the Pitkin County Land Use Code and Sections� - below. h. Incentives for Transfer of Developtnent R�hts Transfer of development rights from a Preservation Site to a Receiver Site located outside of the RuralJRemote Zone District shali result in a percentage floor area intensity bonus and GMQS exemption as set forth in Section B(5)below,provided that no residenGal development ouiside of the Rural/Remote Zone District shall exceed I5,000 square feet of residential floor area,or as sucii maximum square footage may be amended by the Board of County Commissioners from time to time or unless TDR's are utilized pursuant to Section�,,.�g above. ¢, Ctanriarrlc and C'*�+P��f�*Transfer nf De� lo��ent Rights from a Preservation �ite to a Receiver Site T,�cated Within the Rural/Remote Zone District. a. Transfer of DevelQpment Rights Re�uires Approval b,KSoecial Review The tcansfer of development rights from a Preservation Site to a Receiver Site located within the RuraVRemote Zone District shatl be approved by special review pursuant to Section 3-210.10 of .�'ISBJJZ iaiariiy�E Q�c:34F' F'G 13 OF ^c8 . - / ;�f;�.: � . `'� ' � � 1 / f Itilii Itlli illlfl illl Illilll 11111 lllil III III111111 IIII . 40313@ 04/04/1997 02:12P ORDINRNCE f � f4 of 28 R 0.00 D 0.00 N 0.00 PITK'[N COUNTY CLERK i'.=' Ordinancc No.96-�? Page l4 , dte Pitkin County Land Use Code and shatl be subject to each and every requirement of tlie Pitkin County Land Use Code. '� b. Transfers of Fractione of TDR Unit of DeveloRment Pr� i i The transfer of +, less than one TDR Unit of Development,or any other fractions of a unit,shall not be permitted. c. Receiver Site Muct Meet Underlying Znne]�;crri�+RP��irrinrn*c Development using a transfer of development rights from a Preservation Site to a Receiver Site located within the RuraURemote Zone District shall meet each and every requirement of ihe Rural/Remoie Zone District with the excepiion of the floor azea limitations. If a rezoning is required to effectuate the use of TDR Rights,no transfer of development rights shat(be permitted. . d. I�se of Preservation Site Restricted After Transfer Once Development Rights have been severed,no development shall be permitted on tl�e 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 prceedures set forth in Section 4-6Q.95 below. e. Aggregation of TDR R�,jts Permitted on$�gle Receiver Site Transferable development rights may be aggregated from different Preservation Sites for development on a - single Receiver Site,provided that no residential developnient within the Rural/Remote Zone District shali exceed 2,400 square feet of residentiat floor area. f. Receiving Sites Must Satisy Additional Reaui ite In addition to.meeting the requirements of the special review process in Section 3-210.1 D of the Pitkin County Land Use Code,no development shall be authorized using transferable development rights on Re�eiver 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 Si[e is not located in a deer,elk or bighom sheep winter concentration area,severe winter range or critical wildlife habitat,or withzn 1/4 mile of deer and elk migration corridors and production azeas. 3) The Receiving Site is not located within riparian,shoreland or wetland azeas as defined in the Pitkin County Land Use Code. 4) Emergency services,such as those provided by ihe Pitkin County Sheriff's Office, the fire districts,ambulance districts or other emergency services providers can be provided with a reasottable response time without unreasonable risk to emergency service employees or volunteers. ;SE3JJ1 1�/�1/1996 2�c::34G F'G 14 OF 28 t- � ?�ii-.�: i �' . � • . a �� l(lilll tllil IIlIII!!(1 IIIIIII 11111 I(ill III 11(III III(III � �� 403130 04/04/1997 02:12p ORDINpNCE IS of 28 R 9,00 D 0.00 N 0.00 PITKIN COUNTY CLERK Ordinancc No.96-�( Pagc IS 5) 1'he itnpacts 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 uti]ities will be placed underground pursuant to Section 3-i 10.60 of the Pitkin County Land Use Code. 6) The existing and proposed development sites have been clustered to the maximum extent possible to minimize t[�e zone of disturbance created by the development and all building 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) geologica!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 azeas as defined in Section 3-80.70 of the Pitkin County Land Use � Code. 8) Any hazards associated witli development on slopes between 15-29%can be effec6vely mitigated. � 9) Tl�e transfer of development rights provides a benefit to the County over the � development potential otherwise present. . g. Incentives for Transfer of Develonment Rights. As set forth in Section C(6) below,a transfer of developmenf 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 RuraURemote Zone District,provided that no residentiat development within the RuraURemote Zone District shall exceed 2,400 square feet of residential floor arca. 5. �tandards and Criteria for Incentives for Transfer of Develc�gment R�hts to Regeiver Sites Located Outside of the Rural/Remote Zone District. a, inten i v BonLges for Transfe�from Preservation Sites to Receiver Sites tocated 4utside of the Rural/Remote 7_one District. The transfer of a Deveiopment Right from a Preservation Site to a Receiver Site which is not located in the RuraURemote Zone District shall encitle the developer of the Receiver Site to a fifty percent(50%)bonus in gross floor area on the ` 398551 10/,31/�996 0�:.;4F' F'G 15 OF c8 � i 1�j�,, . � r .:� ` �,,.. �,=:, I(l1III 111!!Illlli ilil Ilillll11111 tllti ifI111l11111 Iiil r:. /� 403130 04/@4/2qg7 02;x2p pgpl�ppNCE Ordinancc No.96-�I 16 oF 28 R@,� p g,00 N 0.00 PITKIN COUNTY CLERK Page 16 Receiver Site for every TDR Unit of Development transferred. For every acre that tlte 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 who[e percenta�es shall not be counted. b. Receiving Sites Fxemnt From .Mn4 A Receiving Site outside of the Rura!/Remote Zone District which is approved by special approval far development tivith TDR Rights shali be exempt from the Growth Management Quota System onty where the square footage transferred equals or exceeds a certain perceniage of the total square footage of the entire unit. The percentage shall be based on the sliding scale below: � The use of one TDR results in one GMQS exempt unit of up to 5000 square feet in size. Additional square footage may be possible where more than one TDR is used based on the siiding scale below. 1) Where the total gmss floor area of a residential dwelling unit seeking a GMQS exemption is less than or equal to 5,000 square feet,a GMQS exemption shaf!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) Wheze the total gross floor area of a residential dwelling unit seeking a GMQS exemption is greater than 5,000 square feet but less than or equal to 7,500 square feet, a GMQS exemption shall be granted if the square footage transferred to the unit equals or exceeds forty percent(40%)of the total square footage of the unit. 3) Where the totai gross floor area of a residential dwelling unit seeking a GMQS exempUOn is greater than 7,500 square feet but less than or equal to 10,000 square feet, a GMQS exemption shall be granted if the square footage transferred to the unit equals or exceeds forty- five percent{45%)of the total square footage of the unit. 4) Where Yhe totai gross floor azea of a residentiai dwelling unit seeking a GMQS exemption is greater than 10,00Q square feet but less than or equal to 12,500 squaze feet, a GMQS exemption shall be granted if the square footage transferred to the unit equals or exceeds forty-eight percent(48%)of the tota!square footage of ihe unit. 5) Where the totat gross floor azea of a residential dweliing 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 shatl be granted if the square footage transferred to the unit equais or exceeds fifty percent{50%)of the total square footage of the unit. 39$551 l�c�/31/1996 0�:34G K'G 16 OF �'$ ' � . . �'i.;: i f;'.r�iu;;.;. . , �,,:�..:...�.. �. 4 � . e :a" -:..� -;z ' � ' � .. � �� I IIIII!IINI lillll llll IIIIII(INII I(fll IIl llllll tll illl ��,,� 403130 04/04/1997 02:32P ORDINRNCE f+:� 1" 17of 28R0.0000.00N0. �'�- � OrdinanceNo.96-�� PITKIN COUNTy CLERK ;�;'�;4'. Pngc 17 6) Where TDR's are transferred to increase�residentiai square footage above 15,000 �, square feet pwsuant to Section 3-200.90 a 5,000 square feet per TDR shall be granted.. �.�,. c. Receiver Site Ma�Varv Fr TndP y�g y n' t• +u i� e n � Where TDR ri��are Transferred f r the�µr}�c of increacing��Lare fQp�t ge abo�e I S 000 '� s ua� re feet. Upon compliance with the special Review Criteria of section 3-200.90 of the Pitkin County Land Use Code.A Receiver Site may be permitted to vary from the area and Bulk limitations. 398551 1@/31/199E 02;34� GG 17 DF �8 i . � i i t . I � '. { . . . . � . . . � . . . ,.'7t:_.:;... • ,yy�+�,,_ , ' ,•�r'';a:t�q�.._. � . . . �' ' 1 4 � � r � ;"�e�` �- I , � •:.% �I "_._'__'_..__"_. �IiMIY11YlIIllr+r . . � ��assi i�i,zii�9� v,,-:a4�� r-�r, ie ar- �:f3 ��'+=. �.. :::;,. �'- :_, Ordinancc No.96 j� Pnge 18 i. The following chart summarizes the GMQS exemption for transfers of TDR Rights to Receiver � Sites located outside of the Rural/Remote Zone District: ''� EXAMPLES OF GMQS EXEMPTIONS FOR TRANSFERS OF TDR RIGHTS OUTSIDE OF THE RURAL/REMOTE ZONE DISTRICT i. Total Floor Area of Uni[Seeking Minimum Percen[Square Footage Number of TDRUDs and Amount GMQS Exemption from of Transfer of Square Footage Required for GMQS Exemption <S,000 sr 30% 1 TDR/t,500 SF(aRer bonus) " >5,000 SF,but< 40% 2 TDR/3,000 SF(after bonus) 7,500 SF >7,500 SF,but< 45% 3 TDR/4,500 SF(after bonus) 10,000 SF >10,000 SF,but< 48% 4 TDR/6,000 SF(aker bonus) 12,500 SF >12,500 SF,but_< 50% 5 TDR/7,500 SF(after bonus) I5,000 SF 6. Standardc and Criteria for Intensitv Bonusec for Transfer of Development Riehts to Receiver Sites Located Within the Rural/Remote Zone District a. Intensity.Bonus for Use of TDR Rights for Develonment on a <35 Acre Receiver ite. 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, intPnsity Bonus for Uce of TDR Rights for Development on a >70 Acre Receiver �, The transfer of one TDR Unit of Development to a Receiver Site which is located witliin Uie 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. Intensi Bonus for Use of TDR Rights for Development on a >105 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, �dnn Ft��r Area Limitation on Aggreeation of TDR Rights on a Sin�le Receiver Site While aggregation of TDR Rights on a single Receiver Site is permitted,an aggregated I I"III'IIII"I")III'IIII'II'IIII'I")III"IIII'II I"I ` 403130 04/04/1997 02:12P ORDINpNCE 18 of 28 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK / '"' a � ,:':,,. : i�riiir��i�i i�t�u iui iiii��i iiiii ii��i�i��uiu rii iiii ��rii, �-, 403130 04/04/1997 02:12P ORDINRNCE E.'.?'1 ,;:. ' t9 of 28 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK �i..""" '� Ordinnnce No.96�� ` Pagc l9 � .S transfer within the Rural/Remote Zone District shal(not in any case exceed two tl�ousand and .•'f.� ~- four hundred(2,400)square feeL of residential floor area. '. e. e e' 'n 'e e A Receiving Site witl�in the Rural/Remote Zone which is approved by special approval for developmeat with TDR Rights sha11 be exempt = from the Growth Management Quota System. ?.r ' f. peed Restriction of Undevefo}�l Portion of Receiver 4irP Reqgj_red Where Site is Greater Thatt 35 Acres and Inten ity Bo�u i� tili.ed. Where TDR Rights are transfetted to " Receiver Sites located within the Rura]/Remote Zone District and an intensity bonus is utilized, � ' the remainder of tlte Receiver Site shal!be deed restricted against future devetopment. If the TDR Rights were not transferrec!from the Receiver Site,but were acquired firom some other • Preservation Site,then the underlying Development Rights shall sti11 be salable and transferabie to another Receiver Site. The following chart summarized the incentives for transfers of TDR Rights within Yhe 3� Rural/Remote wne district: EXAMPLES OF tNCENT(VES FORTRANSFERS OF TDR RICHTS WITH[N THE RURAL/REMOTE ZONE DiSTRICT Acreage of Receiver Site and Number of TDRUDs Intensity Bonus(Total Allowed GMQS TDR Unit of Qevelopment Transfeaed Square Footage Exemptions _ _<35 Acres 1 TDRTransferred i Dwefling Unit With f200 Exemption �� 1 TDR=IDU/1,000 SF Square Feet applies >35 Acres,but 1 TDR Transferted 1 Dweiling Unit With 1200 Exemption <70 Acres Squarc Feet applies I TDK=I DUlI,U00 SF >76 Acres 2 TDRs Transferred or ]Dwelling Unit With 1800 Exemption 2 TDR=2 DUs/2,000 SF One TDR Transferred to Square Feet applies Existing Development Right >)OS Acres 3 TDR Transferted or 1 Dwelling Unit With 2400 Exemptinn 3 TDR=3 DUs/3,000 SF One TDR Trensferred to Square Feet applies Existing Development Aight C. Standards and Criteria for Tran fer of Development Rig}�c Vested Prior t�rhP Ado�tion of tiie Rural/Remote one Distric+ ' To the extent a Preservation Site has Development Itighis which vested prior to the adoption of the Rural/Remote Zone District,such Development Rights may be severed and transferred as TDR Rights to Receiver Sites located outside of the Rural/Remote Zone District in accordance with the procedures set forth in Sections 4-60.95,4-70.25 andlor 4-80.25 below. In addition to i 398551 10/31/i99E 5�:34F� PG c� OF c8 r � � ��'�;:'... . � � yi �1"�II"��I"I"I I�I'III�'ll'llll'�'■�III'�I'l1I LI I"I . I:t-;.;".Y,'`.;�, 403130 04/04/1997 02:12P ORDINRNCE �:"� 20 of 28 R 0,00 D 0.00 N 0.00 PITKIN CO{UNTY CLERK � � Ordin�nce No.96-�� Page 20 � the standards and criteria set forth in Sections A and Ii above,the following standards and ' �• criteria shall apply and supersede said Sections A and B to the extent of any conflict. .� •.�r 1. DeveloDrnent Ri�s Must be VeSted Prior to the Adontion of the Rural/Remote Zone District. To be eligible for transfer pursuant to the provisions of this Section,Development Rights must be vested as defined by the Pitkin County Land Use Code prior to the adoption of ;'.�;. the RuraURemote Zone District(November i S,1995). To the extent Development Rights exist . by virtue of a final,non-appealable court order,such Development Rights shall also be eli�ible � r for severance and transfer as TDR Rights to Receiver Sites. 2. Transfer of Develo�m,ent Rights Limited to Receiver Sites Located Outside of the � Rural/Remote Zone District. The transfer of Development Rights pursuant to this Section shall be limited to Receiver Sifes Iocated outside of tlie Rural/Remote Zone District. � 3. Transfer of Development Rights Mav Potentially Resuit in a Total Gross Floor Area Greater Than 15.000 Square Feet. The transfer of Development Rights pursuant to this � Section may be permiited,through the procedures and special review set forth in Section 4-60.95 �� below,for residential development which exceeds I5,000 square feet of residential floor area,or as such maximum square footage may be amended by the Board of County Commissioners from • time to rime. � 4. Receiving Sites Exemnt from GMO,� A Receiving Site outside of the RuraURemote Zone District which is approved by special review for devetopment with TDR � ., Rights shall be exempt from the Growth Management Quota System as set forth in Section 3- J 150.60(B)(5)(b)above. However,where the total gross floor area of a residential dwelling unit ; '~ - seeking a GMQS exemption is greater than 15,000 square feet,a GMQS exemption shali only be �. granted if ihe tota]square footage transfened to the unit equals or exceeds seventy-five percent � (75%)of the total square footage of the residential unit. r Enact the following Section: 3-200.95 UTILITY EXTENSIONS IN THE RiJRAL/REMOTE ZONE DTSTRICT The following criteria aze to be used in conjunction with the Special Review Criteria estabtished 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 RurallRemote Zone Dis�ict: L Is ihe extension of d�e utility service less disrupiive to the environrnent than an altemative • source? � 2. Does the proposed utiliry extension encroach upon or impact environmental hazards or resources such as floodplain,geologic hazazds,slopes exceeding 15%in grade,wildlife habitat, 398551 10/31/1996 0�::4F' F'G 19 OF 2& ' - i � �W; � �,� -. r n ...i' • -�. .. . , . . . ._ , . , .�,:,,.ti: , U rt�:�. I IIIIiI IIIII IIIIII IIII Ilillll IIIII 11111111 IIIIIII II IIII �`',:�;, 403130 04/04/1997.02:12P ORDINiiNCE �'•_t;-t;., 21 of 28 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK `;�`' ` Ordinance No.9(r�� c Page 2l .�, wildfire,groundwater,ridgelines,vegetation,agricultural lands(imgated 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? r ` 4. Can the visual impact be mitigated? , . 5. Does the extension visually impact surrounding properties? , 6. Do reclamation and landscaping measures appeaz natural as related to the former condition and surrounding environtnent? 7. Does the utility extension comply with the intent of the RuraVRemote zone district? Enact die following Section: ' ; 4-60.95 SPECIAL PROCEDURES FOR THE TRANSFER OF DEVELOPMENT RIGHTS A. Procedures. The sale and transfer of development rights shall be carried out as follows: 1. Procedure Prior to Sale of Development Rieht. The procedure prior to sale of a Development Right shall be as follows: a. Affidavit of Develooment Right. The owner of a parcel of land who sells a Development Right from a Preservation Site shall prepaze 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 tttirty(30)days prior to the submission of any request for a Certificate of Development Rights. b. Certificate of Development Rights For a Precervation 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 Communiry Development Department prior to . � sale and deed recordation of a Development Right. 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 standazds and criteria set forth in Section 3- ` 150.160(B)(1)above. � - . i �985.:�1 10/31/1996 ��:.%4P F'G �1 OF �8 � • ,,,x.\ . ' � . e •:.� "�. . . , _ , , . ' ��"��>;V;; , .'s.` � � , n ilillll lilll itlill Illi IlIIIII 1111!illl!III IIIIIII II ilil r :�� Ordinance No.96-�1 403130 04/84/1997 @2:22P ORDINANCE _ p�g�2 2 22 of 28 R 0.@@ 0 0.00 N 0.00 PITKIN COUNTY CLE R K , '. i, A Certificate of Development Rights for a Preservation Site must be issued or denied by the y . 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 whicli `!�" 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 restriciion shall be in confonnance . - with a fortn provided by the Community Development Department. . d. I�eed Recordation. A Development Righf shal(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. Co�y of Recorded Deed to be Submitted to Community Develonment Department. A copy of the recorded deed shail be sent within thirty(30)days after recordation to the Community Development Department. : f. Dgyglopment ig�t Annurtenant to Land tJntil Snecig�Review A�proval ' ta' The awner 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 Yhe value � tliereof shall be deemed for taxation and all other purposes to be appurtenant to che tand 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. Ptocedare for Anoroval of Receiver Sites Usin�TDR Riehts. The procedure for approval of Receiver Sites using TDR Rights shall be as follows: a. Q:pproval of Re�P+��P*SitPC i Isi�g TDR Rights Shall be by Soecial Review No TI7R Right may be used on any Receiver Site without obtaining specia!review approvai pursuant to Section 3-210.10 of the Pitkin County Land Use Code. See Sections 4-70.25 and 4- 80.25 for additional procedures for the transfer of one or more TDR Rights,where Subdivision review is required b. Certificate of TDR Riehts Any person who seeks specisl review approval to use a TDR Right on a Receiver Site must obtain a Certificate of TDR Rights from the Community ' .i9HJJS ik�/.�1/1996 �c��:34P F'G 2� DF 28 I / ,,.-L.` . ,i'•4'�,. ^ " 1 9 :�" ':.I I IIIIII Itlll iillll IIII lillili IIIII illll III illllli il IIII ��f4�x'` 403130 04/04/1997 02:12P ORDINiUVCE j�^ ^ n �...'�.:,'�; . 23 of 2B R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK ' OrdinanceNo.96-� ` �� ._" �:t' Pege 23 ; `• 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 wl�ere ��'�. �. 1) The Receiver Site meets all of the standards and criteria set forth in Section 3- 150.160(B)(2)above. :;-:i. A Certificate of TDR Rights must be issued or denied by the Community Development =:..p.�' Department. c. �pnlication for$�ecial R�view of Potential Receiver Site for TDR Ri�Within � , one yeaz 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 potentiat receiver site for TDR Rights must include the following: ' 1) A Certificate of TDR Rights. . - fi. 2) All materials required in connection with a special review pursuant to Section 3- `. 20 of the Pitkin County Land Use Code. � d. Aooroval �oroval With Conditions or Denial of Special Review A�plication The Board of County Commissioners shall approve,approve with conditions or deny the application,provided that where the proposed development reqneres 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. Prior to any building permit approval for any ��+ � development on the subject property,a deed restriction shatl be recorded and effective against the Preservation Site from which the TDR Rights are being transferred. Enact the following Section: 4-7025 SPECIAL PROCEDURES FOR THE TRANSFER OF bEVELOPMENT RIGHTS Tn addition to the procedures identifred in Sectian 4-70.20 of the Land Use Code,the special ' procedures in Secrion 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. The use of TDR's,once approved pursuant to special review,shall not be subject to Section 3-210.1 OE 3 of the land use code which limits approval to one yeaz and requires development of the special review use within one yeaz of approval. Enact the foltowing Seciion: :��BJJS IS�/�1/1996 Q.'_':�4F� PG 'c,., OF �8 _ I 1 ;•:;-vc': i . `.� V .-, � Q .,.� ,:. I �` �'''�:� ��f��1�t��(«�� `�'+�•:` A03130 04/04/3997 02:12P ORDINfiNCE �r�;` OrdinanceNo.96�� 24 of 28 R 0.90 D 0.00 N 0.00 PITKIN COUNTY CLERK - . , Pnge 24 ' ,�. 4-80.25 SPECIAL PROCEDURES FOR THE TRANSFER OF DEVELOPMENT RIGHTS � .-;; In addition to the procedures identified in Section 4-80.20 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. Amend Article 8,Defmitions,to include tlie following: ,:.� AFFIDAVIT OF DEVELOPMENT RIGHTS. An Affidavit of Development Rights is a , sworn,written statement by a property owner wh+ch attests that:the propesty owner owns the property;die property is located within the RuraURemote 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 hy the Cortununity Development Department. AFFIDAVIT OF TDR RTGH'I'S. An Affidavit of TDR Rights is a sworn,written d;. .. statement by a property owner which attests that:the property ownerowns or has an option to � purchase TDR Rights and that the Development Rights on which the TDR Rights are based have not previously been used on the pazcel of land from which the Development Rights have been 9 transfened 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 � A�davit 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 Ri�hts for a Preservation 5ite is a document which is issued by the i � Community Development Department which attests that particulaz Development Rights ue � eligible for severance and transfer from a specific Preservation Site. The Certificate constitutes ' an official determinadon by Pitkin County that particular Development Rights are severable and transferable as TDR Rights. Tl�e Cert'sficate 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,sub,{ect to special review approval pucsuant to Section 3-210.1 U of the Pitkin ; , � County Land Use Code. The Certificate is not an opinion of title by Pitkin County in regazd to die TDR Rights which are proposed to be transferred. i�; .�59BJJ1 itD/,:1/1996 �c:34F' F'6 �4 Or 28 L� ` ,r• � - � ;;� i ,� . , y , + .�- ' .:, y , yM1 i I IIIIII IIIII IIIIII1111 fllllll IIIII iilll III IIIIIII II IIII ��::, � 403130 04/04/3997 02 1 ;`;;: Ordinancc No.96-�� 2S of 28 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK Pagc 25 ` 1. DEVELOPMENT RIGHTS. The right to use a parcel of land for particular uses �' ;r permitted under the Rural/Remote Zone District which constitutes a sepazate estate in land wliich is severab(e 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 .Y approved Receiver Sites. The incentives for the use of TDR Rights include floor area intensity � . bonuses and GMQS exemptions. ' PRESERVATION SITE. A pazcel 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 standazds,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 may be located in the Rural/Remote Zone District or anywhere else in Pitkin County. , , f: , RURAL/REMOTE ZONE DISTRICT. Those lands shown on Exhibits A-D to this t) ~ Ordinance which have been rewned by this Ordinance from AFR-10,RS-20 and RS-3Q to the r RuraURemote Zone District. j. f TRANSFERABLE DEVELOPMENT RIGHTS OR TDR RIGHTS. Transferable t 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 1 Receiver Site. TDR UNIT OF DEVELOPMENT OR TDRUD. The amount of development which may be transfened 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 azea. For purposes of this definition,fractions of TDR Units of Development do not exist. � .;98551 10/.;1/1996 0c:.�4F' F'G 25 OF c5 f . � ; ,:, , , . a �x' , �•.I �-;�.� ,.. . . .. ,,. . � I IIIIII 11111 lilill flll lilllli Illli IIIII III IlIIIII II IlII ��`��''�'��` ,.. }:j..: �';�;:. : , 403130 04/04/1997 02:32P ORDINRNCE '� '� 26 of 28 R 0.0p D 0.00 N@.00 PITKSN C01lNTY CLERK � ' � OrclinanceNo.96-7,�'� `" -` '� Pnge 26 �' . � BE IT FURTHER ORDAINED by the Boazd that it intends to grant exempt or pipeline "�� ".;� status for any application located within identified study azeas which is substantially complete as of . �. Februaty I4,1995. These applications shall be processed pursuant to their underlying zoning prior to efforts to initiate RuraURemote zoning. .Y ; BE IT FURTHER ORDAINED that tl�is rezoning under established local and State laws � _ shall not affect those parcels within die deseribed areas which have cunent and vatid vested Site ' Specific Development Plans,provided that development of these parceis must conform to the ; provisions of the vested approval. BE IT PURT'HER ORDAINED that it is the intention of the Board ihat rezoning shall not affect any parcel widiin the described azea whicl�is located within a platted and approved subdivision. BE IT FURTHBR ORDAINED that where a parcei of Iand is bisected by the zone district �, � boundazies the pazcel may be further reviewed at the request of the owners upon a rezoning requesY. These rezoning requests may be made companion with a 1 Q41 Hazard Review applica6on,or as a stand atone 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 RuraURemote determination,the Boazd may waive these deadlines at their discretion. Moreover,if a site zoned R/R is later determined to be appropriate for rezoning to another zane due to the fact that,based upon a site specific analysis,the property dces not meet the criteria test For I2/R(pursuant to Recital ' #10 of this Ordinance), a11 fees for processing the request shall be refunded. „98551 1�/3i/1996 �h;?:s4F' F�G cb OF '`8 � i -. 1 � , � �r4�,�: . `� .. 4 . * . • • :�a; .., I IIIIII IIIiI llllll llll lllllll lllll lllll lll lllllll ll llll i °� '� '� �� 403130 04/04/1997 02:12P ORDINiiNCE �•� �J 27 of 28 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK o. Ordinance No.96-� 1 _ Pagc 27 ' `- . '.;��. �, BE IT FURTHER ORDAINED that every year,annually after the date of adoption of this :' �.. :.'.� Ordinance,the Boazd of County Convnissioners sltall evaluate the effecGveness of the transfer of '' development rights provision. Among the factors to be considered in evaluating the effectiveness ��'� of the provision shall be: (1)whether there is an adequate market place for Uie TDR Rights or ,:,r : whether additional measures should be taken to increase the marketability of TDR Rights;(2) k�� ;�w _ - Y whether the provision offers sufficient incentives to encourage transfers out of tUe 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 y?1. t smoothiy 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 p� . �� provisiou shall be solely within the legislative discretion of the Bo„�rd. � Pw��,�,��, .. -��.� f��.,-. -7,�,�; �n � �s-�� . INTRODUCED,FIRST READ,AND SET FOR PUBLIC HEARING (p'`�e�`5' �L i� NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES C9't f�. lS7�°�� O _ )�'fo. � SECOND READ[NG AND PUBLIC HEARING t].,/0- -�'/ �_ .:�!'.; =�-.-t`Q�%=/=�`' THIRD READING AND PUBLIC HEARING. �- �7-y�, � `7-37-96 ,$ PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES �'-/�- tj J �1f� i :+]OJJS 1�/„1/1996 02:34F' F'6 �7 OF �8 �'�� . ,� �.�. �, ��•�` 1'•y � - ! ,'.i � i � ... ` . , • � I IIIIII Illll 111111 IIII NNiI(I111111111 III Iliflll Il Itll '�:�:�� 403130 04/04/1997 02:12P OROINpNCE ' �'" 28 of 28 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CL.ERK '�y'-"``'' �1„.�`:,.�;j;;. Ordinance No.9&�� c�-' Pagc 28 t BOARD OF COUNTl'COMMISSIONERS ;'� PITKIN COUNTY,COLORADO •':.;; i'. BY cN------ - =--� es R.True,Chairman ,Y,. . Date %D-'73-� EST: � � � � : , 1 �w anette 7ones, � eputy Clerk and R wrder � i APPROVED AS TO CONTENT: APPROVBD AS TO FORM: Cindy Houben, Joiui Ety, E xs Community Development Director Coun ttomey • s98551 i�/�i/1996 �2:�4P F'G '�8 OF 2B � i � -_ � i � , W.-:; ' i n._ i �'-' -1 ' ; a ,;�?; . �:..�