HomeMy WebLinkAboutbocc.packet.07092014 - Various Code AmendmentsMEMORANDUM
TO: Board of County Commissioners
Regular Meeting —July 9, 2014
THRU: Cindy Houben, Community Development Director
FROM: Suzanne Wolff, Senior Planner
RE: Land Use Code Amendments — Various, First Reading
ISSUE STATEMENT: Staff is proposing to amend various provisions of the Land Use Code ("Code"),
primarily to clean up and clarify language. The amendments affect the following Sections of the Code:
• Sec. 2-20-100: Public Notice Requirements
• Sec. 2-20-170: Vested Property Rights
• Sec. 2-30-10: Review and Approval Procedures Summary Table
• Sec. 2-30-20: Administrative Review Procedure
• Sec. 2-30-30: One -Step Review Procedure
• Sec. 2-40-80: CD-PUD Zone District Residential or Commercial Agricultural Development Options
Review Procedure
• Sec. 3-70-40: CD-PUD (Conservation Development PUD)
• Sec. 6-70: Transferable Development Rights System
• Sec. 7-10-30: Exempt Development Activities [from Site Plan and Activity Envelope Review]
• Sec. 7-10-50: Site Plan and Activity Envelope
• Sec. 7-20-120: Scenic View Protection — Exemptions
The Planning Commission reviewed some of the proposed code amendments on April 1, 2014 and recommended
approval by a vote of 5-0; and reviewed the remainder on July 1, 2014 and recommended approval by a vote of 6-0.
SUMMARY OF DRAFT CODE AMENDMENTS: The attached draft code amendments are presented
in the order they appear in the various chapters of the Land Use Code. A brief explanation of the
substantive amendments to each Code Section is provided below.
I. SEC. 2-20-100: PUBLIC NOTICE REQUIREMENTS
• Clarify the noticing requirements for Administrative Decisions, which have a comment/objection
deadline rather than a public hearing date.
• Clarify when mineral estate owners must be notified — only for subdivision and PUD
applications, or for mineral or oil and gas extraction.
H. SEC. 2-20-170: VESTED PROPERTY RIGHTS
• Move the procedures for Activity Envelope and Site Plan Review from the Vested Rights
provision to Administrative Review Procedures.
• Require a public hearing for extension/reinstatement of vested rights
• Clarify that a Site Specific Development Plan can only get one 3 year extension of vested rights.
III. SEC. 2-30-10: REVIEW AND APPROVAL PROCEDURES SUMMARY TABLE
• Require a public hearing for vested rights extension/reinstatement.
IV. SEC. 2-30-20: ADMINISTRATIVE REVIEW PROCEDURE
• Move Activity Envelope and Site Plan Review procedure from vested rights provision to
Administrative Review.
V. SEC. 2-30-30: ONE-STEP REVIEW PROCEDURE
• Remove (h)(6), GMQS Exemption for one additional DU on lot/parcel containing historic
structure. This provision is redundant as it is now addressed as one of the incentives that
BOCC can grant to properties listed to the Historic Register [refer to (h)(9)].
• Include language that refers to the Site Plan and Activity Envelope exemptions in Sec. 7-10-
30.
VI. SEC. 2-40-80: CD-PUD ZONE DISTRICT RESIDENTIAL OR COMMERCIAL
AGRICULTURAL DEVELOPMENT OPTIONS REVIEW PROCEDURE
• Clarify that the CD-PUD is a two-step review process (Planning Commission and BOCC)
and is not a subdivision procedure.
VH. SEC. 3-70-40: CD-PUD (CONSERVATION DEVELOPMENT PUD)
• Clean up provision to reflect actual practice after reviewing two CD-PUD Development Plans
(Middle Ranch and Nichols).
• Require a Conservation Easement on the property; eliminate the option of either a Conservation
Easement of a Covenant.
• No change to density and floor area provisions, other than to clarify that an existing dwelling
unit(s) counts towards maximum residential density.
• Change the rate for creation of TDRs from 1 per 20 acres to 1 per 35 acres to be consistent with
other TDR sending sites (Rural/Remote and TR-1). See examples below. 160 acres is deducted
from total acreage for the development.
Middle Ranch
Nichols
@ 312 acres
Theoretical
@ 1,000 acres
344 -160 = 184
312 -160 = 152
1000 -160 = 840
1 TDR/20 acres
9 TDRs
5 TDRs
42 TDRs
1 TDR/35 acres
5 TDRs
4 TDRs
24 TDRs
• Eliminate the discretion to provide additional TDRs under Development Option 2.
• Eliminate the Sunset Provisions. The provision was reviewed after 5 years, and the BOCC has
already expressed willingness to retain the provision, so the expiration date can be removed.
years.
2
VIII. AMEND SEC. 6-70: TRANSFERABLE DEVELOPMENT RIGHTS SYSTEM
• Change rate in CD-PUD to 1 TDR per 35 acres.
• Change rate in Limited Development Conservation Parcels to 1 TDR per 35 acres.
IX. AMEND SEC. 7-10-30: EXEMPT DEVELOPMENT ACTIVITIES [FROM SITE PLAN
AND ACTIVITY ENVELOPE REVIEW]
AMEND SEC. 7-10-50: SITE PLAN AND ACTIVITY ENVELOPE
AMEND SEC. 7-20-120: SCENIC VIEW PROTECTION — EXEMPTIONS
Staff has proposed to amend various provisions of the Code to provide additional exemptions from Site
Plan and Activity Envelope Review. In practice, staff has found that certain development activities can
be adequately addressed through the building or earthmoving permit review process and do not need a
separate review process to establish an Activity Envelope or to approve a Site Plan before a permit is
submitted. Examples include minor landscaping projects; temporary disturbance of land for well drilling,
utility installation, etc.; and construction of an accessory structure. The exemptions are specified in Sec.
7-10-30. These amendments also clarify that development must also be exempt from Scenic View
Protection Review pursuant to Sec. 7-20-120(c), in order to be exempt from Site Plan and Activity
Envelope Review. In addition, the Scenic View Protection exemptions standards have been amended to
specify that an addition or remodel of an existing structure or a proposed accessory structure cannot be
exempt if a ridgeline is broken by the development.
RECOMMENDATION: Staff and the Planning Commission recommend approval to the BOCC of the
proposed code amendments on first reading and set for second reading and public hearing on July 23,
2014.
ATTACHMENTS:
A. DRAFT Code Amendments
3
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,
AMENDING TITLE 8 OF THE PITKIN COUNTY CODE, THE 2006 LAND USE CODE, FOR VARIOUS
LAND USE CODE AMENDMENTS TO CLARIFY LANGUAGE
Ordinance No. -2014
RECITALS
1. The Pitkin County Community Development Department staff initiated amendments to the 2006 Pitkin County Land
Use Code ("Code") to clean up and clarify language in various sections of the Code. Amendments will be made to the
following chapters and sections of the Code:
Chapter 2
• Amend Sec. 2-20-100: Public Notice Requirements
• Amend Sec. 2-20-170: Vested Property Rights
• Amend Sec. 2-30-10: Review and Approval Procedures Summary Table
• Amend Sec. 2-30-20: Administrative Review Procedure
• Amend Sec. 2-30-30: One -Step Review Procedure
• Amend Sec. 2-40-80: CD-PUD Zone District Residential or Commercial Agricultural Development Options
Review Procedure
Chapter 3
• Amend Sec. 3-70-40: CD-PUD (Conservation Development PUD)
Chapter 6
• Amend Sec. 6-70: Transferable Development Rights System
Chapter 7
• Amend Sec. 7-10-30, Exempt Development Activities
• Amend Sec. 7-10-50: Site Plan and Activity Envelope
• Amend Sec. 7-20-120: Scenic View Protection — Exemptions
2. The Pitkin County Planning and Zoning Commission considered certain of the proposed code amendments at a
regularly scheduled meeting on April 1, 2014 and recommended approval by a vote of 5-0, and considered certain of the
amendments at a regularly scheduled meeting on July 1, 2014 and recommended approval by a vote of 6-0.
3. The Board of County Commissioners of Pitkin County, Colorado ("BOCC") considered the proposed code
amendments on first reading on July 9, 2014, and voted to approve the proposed amendments on second reading at a duly
noticed public hearing on July 23, 2014.
4. The BOCC finds that the proposed code amendments are 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, as follows in Attachment A.
Ordinance No. = 2014
Page 2
INTRODUCED AND FIRST READ ON THE 9TH DAY OF JULY, 2014.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED
IN THE ASPEN TIMES WEEKLY ON
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL
PITKIN COUNTY WEBSITE (www.aspenpitkin.com ) ON THE DAY OF
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 23' DAY OF JULY, 2014.
TITLE AND SHORT SUMMARY PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY A20ND
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSI I ON THE DAY OF
THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING
FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By
ATTEST:
Robert A. Ittner, Jr., Chair
Date
Jeanette Jones, Clerk to the BOCC
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely, County Attorney Cindy Houben,
Community Development Director
ATTACHMENT A - CODE AMENDMENTS
I. AMEND SEC. 2-20-100: PUBLIC NOTICE REQUIREMENTS
Unless another section of this Code specifically provides otherwise, for all decisions that require a public
hearing or notice (as shown in Table 2-1), public notice shall be provided pursuant to this section. k4hefe
the a ication is e appr }val of a sub ±ivis+en he owner-; of -subsurface interests-shall-be-provided-n -
(a) Development Applications
Prior to a public hearing on a development application or prior to the canment'objection deadline
for certain administrative decisions, notice shall be provided to the public, pursuant to the terms of
this section. Table 2-1 identifies the various types of land use applications, the review entity and
stage of the public hearing, if applicable.
(1) Content
Every notice shall include:
(a) The name and mailing address of the applicant.
(b) The type of development application sought.
(c) Date, time and place of the hearing, (if a hearing is required) or the last date on
which comments/objections regarding the application will be received by the County
(if a hearing is not required).
(d) The address and legal description of the subject property if applicable.
(e) A summary of the development application under consideration.
(f) Identification of the decision -making body conducting the hearing (or making the
decision, if no hearing is required).
(g) Such other information as may be required to fully appraise a>rise the public of
the nature of the application.
(2) Publication
Where Table 2-1 indicates that newspaper publication notice shall be given, the Community
Development Director shall cause notice of the hearings to be published one time in a
newspaper of general circulation in the County as follows:
Ordinance No. -2014
Page 4
(a) For matters in which the Board of County Commissioners, Planning and Zoning
Commission_ Hearing Officer or Community Development Director is the decision -
making body, at least fourteen (14) and no more than ninety (90) days prior to the
hearings.
(b) For matters in which the Board of Adjustment is the decision -making body, at
least seven (7) and no more than ninety (90) days prior to the hearings.
(3) Posting
Where Table 2-1 indicates that posted notice shall be given:
(a) Posting of notice shall be made by the applicant by posting a sign in a
conspicuous place on the property subject to the development application. The form
of the sign shall be obtained from the Community Development Department. The
sign shall be placed on the property at least fifteen (15) days prior to the public
hearing or the last date on which comments/objections regarding the atiplieat*on cvi
be received by the Count (if a hearing is not required}, and shall be maintained in
readable condition in the same location until the date of the public hearing or the last
date on which comments/objections will be received.
(b) The sign shall be made of suitable, waterproof materials, shall be not less than
twenty-four (24) inches wide and thirty-six (36) inches high, and shall be composed
of letters not less than one (1) inch in height.
(c) The applicant shall provide a signed and notarized affidavit in a form as specified
by the Community Development Director attesting to the date that the sign was
posted. A photograph of the posted sign must accompany the affidavit.
(d) It is the applicant's duty to ensure that required posted notice remains in place
and in readable condition for the period specified above, to replace the posted notice
if it is removed or becomes unreadable during that period, and to remove the sign
within one (1) week after the public hearing or the last date on which
comments/objections regarding the application will he received by the County (if a
hearing is not rrequired).
(4) Mailing
Where Table 2-1 indicates that mailed notice shall be given:
(a) The applicant shall obtain copy of the notice from the Community Development
Department.
Ordinance No. -2014
Page 5
(b) At least thirty (30) days prior to a public hearing before the Hearing Officer,
Planning and Zoning Commission or the Board of County Commissioners, anri-at
least seven (7) days prior to a public hearing before the Board of Adjustment, and at
least two (2) weeks prior to the last date on which cornmentsiohiections will be
received regardina an application for review, by the Coimn'unity Development
Director, the applicant shall send the required form of notice to all owners of property
within three hundred (300) feet of the property subject to the development
application, as-lolle-ws . if the application is for a suhdi,vision or RID, notice shall
also he provided to the current mineral estate owners as required by C.R.S. 24-65.5.
If the application is for approval of oil and gas extraction or mineral extraction, notice
shall be provided to both the current surface owners and current subsurface —mineral
estate owners of the parcels of land within which the facility is proposed to be
located, as well as the current surface owners of those parcels of land adjacent to the
parcels within which the facility is proposed to be located.
(c) For purposes of the notice mailing, the applicant shall use the names and
addresses on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. It shall be the applicant's
responsibility to obtain the required addresses.
(d) Notices shall be sent to adjacent property owners by first class, postage prepaid
U.S. mail. The applicant shall deliver to the Community Development Department,
prior to any scheduled public hearing, meeting, or any administrative decision that
requires a public notice, an affidavit confirming that the required mailed notices have
been completed in accordance with the provisions of this subsection (4).
(b) Appeals
In the case of an appeal to the Board of County Commissioners of an item that was decided by the
Board of Adjustment_ ,Planning and Zonino Commission, Hearing Officer or the Community
Development Director at a public hearing or with public noticete-the Beard of Count+
Conncru pursuant to Table 2-1:
(1) The Community Development Department shall cause notice to be published one (1)
time in a newspaper of general circulation in the County at least one (1) week before the
regular or special meeting of the Board of County Commissioners at which the appeal is to
be considered. The notice shall specify the meeting agenda and location of the parcel of land
that is the subject of the hearing.
(2) If the appellant is the applicant, the appellant shall cause a notice of the proposed appeal
and the nature of that appeal to be posted on a sign placed on the property that is the subject
of the hearing at least one (1) week before such hearing, and to remove the sign within one
(1) week after the hearing. The form of the sign shall be obtained from the Community
Development Department.
Ordinance No. -2014
Page 6
(3) If the appellant is the applicant, the appellant shall mail a notice of the appeal to adjacent
property owners, at the appellant's expense, at least one (1) week prior to the meeting. In the
event that adjacent property is held in common ownership, the notice shall be sent to the
appropriate homeowners or condominium association. At the time the appeal is filed, the
appellant shall supply the names and addresses of adjacent property owners from the current
tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date
of the appeal hearing.
(4) If appellant is not the applicant, the appellant shall mail a notice of the appeal to the
applicant and all adjacent landowners, at appellant's expense, at least one (1) week before the
date of the meeting at which the appeal will be heard by the Board of County
Commissioners.
(c) Vested Rights
Creation of a vested right pursuant to Sec. 2-20-170 requires the publishing of a public notice
pursuant to Sec. 2-20-170(g) of this Land Use Code.
(d) Costs
All costs of required notices shall be beret -borne by the applicant or appellant. The applicant or
appellant shall be required to reimburse the County for the cost of any published notices required in
consideration of his appeal under the provisions of this Sec. 2-20-100.
II. AMEND SEC. 2-20-170: VESTED PROPERTY RIGHTS
(a) General
(1) The approval or conditional approval of a Site Specific Development Plan results in the
establishment of a vested property right pursuant to C.R.S. 24-68-101 et. seq.
(2) During ti c pre wplicatiot.-r ate
that c n-betapproved-threagh-r'}cknin strat ve4 4i
Devon
(3) If the appl.icant'3 attention is to cre
ether than. a Site ,Plan or Activity Envelope, t
Yhall--be-proeesaec--though the- One-S-te1rR: 4ew
4. If the-
Erivele
toena
in any deveIepm }st r
-tise-aplica.tthvtthe
-sr, with •T-heatbefe
r Activ:t
Ordinance No. -2014
Page 7
r etF ty ttw
v Sec. 2 7
D apartment
(2) weeks • ewinit-the-pesin
f-fur her state dim -if no objections are
elopnsen,t D�
1 (lie -Carla.
Ge4 mTi
reC31
-partn:,e,nt shall post,notice and
' ide t W1c4
is pr-epesed. The
anu shall state that the Community Development
rl� d fate of the mane tie . 1-He
�.i 7- Coit.iwmlty
)n the appli
he application arc received by the date
_10prne-e1 Departtuei+ 1xill-doemment-the-fact that no
,11 the apphea
c. If emy-Meet-ietls te41tempp1ieatiou at
Co_
hearing before -Me
rcecwe- -b\'-the-date stand-i
hall eontitlu the=}13 rt
fee
dUseCo
(&) The vested property rights procedures in this section shall apply to any Site Specific
Development Plan approved on or after January 1, 1988. The procedures shall not apply to
any Site Specific Development Plan or other land use application approved prior to January
1, 1988, and the law applicable on the date of approval shall apply to such projects.
(b) Site -Specific Development Plan
(1) Definition
For purposes of C.R.S. 24-68-101 et. seq., a Site -Specific Development Plan means:
(a) A rezoning to a Planned Unit Development (PUD) zone district, either before or
after the 5th of July, 2006.
(b) Approval of a final subdivision plat issued by the Board, either before or after the
5th of July, 2006. In the case of a subdivision pursuant to Sec. 2-40-50, the detailed
submission shall be the site specific development plan. In the case of an Affordable
Housing Subdivision pursuant to Sec. 2-40-60, the final plat shall be the site specific
development plan. In the case of an LIR-_TR-2 Cluster Option Subdivision pursuant
to Sec. 2-40-70, the combined detailed /final plat shall be the site specific
development plan. In the case of a CD-PUD Zone District Residential or Commercial
Agricultural Development pursuant to Sec. 2-40-80, the. CD-PUD Development Plan
shall be the site specific developmentilan,,
(c) A site specific approval under the County's powers to regulate Areas and
Activities of State Interest/1041 Environmental Hazard Areas issued by the Board
prior to the 5th of July, 2006.
Ordinance No. -2014
Page 8
(c)
(d) An Activity Envelope approved pursuant to Sec. 2-30-20(g)(3) after the 5th of
July, 2006.
(e) A Site Plan approved pursuant to Sec. 2-30-20(g)(2) after the 5th of July, 2006.
(f) A major amendment, as defined in Sec. 2-20-150(c), to an approved Site Specific
Development Plan listed in subsections (a) through (e) above.
(2) Excluded Approvals
The following types of approvals shall not be Site -Specific Development Plans:
(a) Any approval excluded from the definition of Site -Specific Development Plan by
C.R.S. 24-68-101 et. seq.
(b) Approval of a rezoning to a district other than a Planned Unit Development zone
district.
(c) A conceptual submissionand-d' i ian, or any other plan for the subdivision
of land other than a F ial-P1alDeLeiled Submission or Final Plat as specified in
subsection (1) above.
(d) Any other approval not listed in subsection (1) above.
(d) A minor amendment, as defined in Sec. 2-20-150(b) to an approved Site Specific
Development Plan listed in subsection (b)(1) above.
Term of Vested Property Right
(1) Three Year Term
If an applicant has requested and obtained a vested property right under C.R.S. 24-68-101 et.
seq. that vested right shall expire three (3) years from the date of approval, unless extended
pursuant to subsection D-(c) below.
(2) Development Agreements
A vested right, as defined in C.R.S. 24-68-101 et. seq., may be vested for a period longer
than three (3) years through the use of a development agreement. A development agreement
is an agreement between the County and the property owner providing that vested rights will
be granted for a longer term in return for additional certainty or benefits granted by the
property owner to the County regarding a specific fmal development of the property. For
example, vested right for periods longer than the statutory three (3) year period may be
considered if (a) the applicant makes commitments that the property will protect significantly
Ordinance No. -2014
Page 9
more open space, or will provide significantly more affordable housing, than would
otherwise be required by this Land Use Code, or (b) the proposed development will be
completed in phases, and the County and applicant wish to agree on the timing of those
phases and related infrastructure requirements. Development agreements shall not be used
simply to extend the three (3) year vesting period when significant additional contributions of
open space or affordable housing (beyond the requirement of this Land Use Code) are not
made, and a phased development is not involved, or simply to provide additional flexibility
in the timing of development.
(d) Extension or Reinstatement of Vested Property Rights for ite Specific Development Plans,
The Board may approve an extension of vested property rights or reinstatement of forfeited or
expired vested property rights, for a period of up to three (3) years, in accordance with this section.
Unless explicitly stated in the resolution or decision of the Board authorizing the extension or
reinstatement, the vested right shall be modified at the time of the extension to require that the
approved development conform to the terms and provisions of this Land Use Code on the date of the
extension or reinstatement. No additional publie arm€ -is required-1-01,-the-c <
—Any request for reinstatement of a vested right shall be made within
one (1) year of the expiration of the ' , e t rightvested right associated__+xith a Site -Specific
Development Plan. Reasonable conditions may be imposed by the Board when granting any such
extension or reinstatement. A dev '`Site-Specitic DC elopruent Plan ay oni.v
received acne three (3) year extension
(2) Criteria
In reviewing a request for the extension or reinstatement of vested property rights, the Board
shall consider the following criteria:
(a) The applicant's compliance with any conditions requiring performance prior to
the date of application for extension or reinstatement of vested rights;
(b) The progress made in pursuing the project to date including the effort to obtain
any other permits, such as building permits, and the expenditures made by the
applicant in pursuing the project;
(b) The nature and extent of any benefits already received by the County as a result of
project approval such as impact fees or land dedications;
(d) The needs of the County and the applicant that would be served by approval of
the extension or reinstatement request.
(e) The Board shall also take into consideration the length of any appeal process or
litigation and the subsequent effect of a lessened vesting period for property rights.
Ordinance No. — 2014
Page 10
(2) Costs
In comiection with any request for reinstatement of a vested property right after forfeiture or
reinstatement of a suspended or revoked development approval, the Board shall determine
the financial impacts of the investigation and may require the applicant to pay the reasonable
costs of investigation and enforcement of the violation that caused the forfeiture.
(e) Effect of Later Amendments to Development Approval
(1) Effect of Minor Amendment
If an applicant obtains a vested right for a Site Specific Development Plan pursuant to this
Sec.es for a
peSpecific
Development
op the applicant subsequently oditional approvval,or amendment of the Site
or denial of the proposed
modification
Development Plan, the approval,
mol expire shall ears following its initial approval notwithstanding theemino vested right shall
aill ndmre three (p) y
amendment. For purposes of this provision, a minor amendment is one that meets the
definition in Sec. 2-20-150(b).
(2) Effect of Major Amendment
(a) Approval or Conditional Approval
nt
If an applicant obtains a vested right for a Site Specific Dvel a major elopment Plan an purspursua to
this Sec. 2-20-170, and the applicant subsequently applies
f
the Site Specific Development Plan, the approval or conditional approval of the
proposed amendment shall result in the termination of the original vested following iht and
a
the creation of a new vested right that shall terminate three (3) years
amendment
approval of the amendment. For purposes of this subsection (2),major
is one that meets the definition in Sec. 2-20-150(c).
(b) Denial
If the proposed major amendment is denied, then the original approval and vested
right shall remain in effect and the vested right shall still expire three (3) years
following its initial approval.
(c) Effect on Development Agreement
If the applicant has obtained vested rights through the approval of a development
agreement, the vested right reflected in that agreement shall not be affected by
approval or conditional approval of a major amendment, and the vested right shall
expire on the date stated in the development agreement, unless the applicant applies
for and receives approval from the Board for
replacinement
the term(s) of the vested reement
adjustment
reflecting the major amendment and any
Ordinance No. -2014
Page 11
(f) Applicability of Other County Regulations
The establishment of a vested property right related to a Site Specific Development Plan shall not
exempt the applicant from the requirements to obtain all other permits or approvals applicable to the
proposed activity or development pursuant to this Land Use Code subsequent to the approval of the
Site Specific Development Plan.
(g) Public Notice
As soon as practicable following the date of a Site Specific Development Plan approval or extension
or reinstatement of a vested right after for onurc-er of -au approval after revoea4on, and in no event
later than fourteen (14) days following such approval, the County Clerk or the Community
Development Department shall cause a notice to be published in a newspaper of general circulation
in Pitkin County advising the public of the approval and the creation of a vested property right. The
property description shall be published with such notice. If the vested right is forfeited, notice of
such forfeiture shall be made in like fashion, and notice of reinstatement shall be made in like
fashion.
III. AMEND 2-30-10: REVIEW AND APPROVAL PROCEDURES TABLE
Table 2-1 below summarizes the review, decision -making, and appeal bodies for each specific type of land
use and building approval in Pitkin County. The following abbreviations are used:
R = Review Body
Staff = Community Development
Department Staff
A = Appeal Body
RHPC = Redstone Historical Preservation
Committee
M = Mailed Notice Required
P&Z = Planning and Zoning Commission
P = Posted (sign) Notice Required
D = Decision -Making Body
ABRC = Agricultural Building Review
Committee
<> = Public Meeting or Hearing Required
BOA = Board of Adjustment
N = Newspaper (published) Notice
Required BOCC = Board of County
Commissioners
Land Use Code Sec
Public Pre-App. Review, Decision -Making, and Appeal Authority
otice Required <> = Public Hearin_ Required ABRC HO RHPC
Review Body; D = Decision -Making Body; A = Appeal Body; <> = Public Meeting or Hearing Required;
M = Mailed Notice Required; N = Newspaper (published) Notice Required; P = Posted (sign) Notice Required O- Objection Body
11:
O i
„I
I■■
111A
I„P
I„
11
1111
n
ADMINISTRATIVE REVIEWS S���30-20
Activity Envelope
(Without Vested Right)
Activity Envelope
(With VestedRi• t)
Agricultural Stand
Activity Envelope and Site
'Ian Review at Building Permit for Ground
Mounted Solar Energy Collectors
Building Permit
Caretaker Dwellin• Unit
Certificate of Appropriateness
for Historic Re:istry Pro. erty
Certificate of No Effect for
Historic Re istry Pro.erty
Demolition Certificate for Historic
Pro.erties
Demolition Extensions
Flexibility for A•ricultural Su.por
GMQS Exemption Not Listed
Elsewhere
Minor Amendment to a
Development Permit or
A. oval
Mawr Amendme3rt4tra
DeveiopmP
en ermit-er
Approval WWFe-Oidz,inal
\pprva was•-by-AdrninistratiVe
Review
Satellite Rece.tion Devices
Signs
Site Grading, Earthmoving (> 50
cubic yards), Vegetation Removal,
Grubbin: and Clearin_
Site Plan
(With Vested Right)
Solar Energy Collectors Totaling
Less than or Equal to 200
S.uare Feet (Roof Mounted)
Same
notice
as
original
review
D = Original Decision -
Making Body
or
VC or withi
1000 ft
D or <D> = Original
Decision -Making Body and
Original Hearing Reqt.
R (for
agricultural
buildings
only)
10 years
10 years
10 years
0 years
3 years
6 months
3 years
Does Not Altei
Original Lapsii
Same as Apprn
or Permit
Amended
1 year
1 year
0 years
0 years
Ordinance No. -2014
Page 2
Land Use Code Section
Public
Notice
Pre-App.
Required
Rev ew, Decision -Making, and Appeal Authority
<> Public Hearing Required
Lapsing
Staff
ABRC'
HO
RHPC
A
P&Z
BOCC
Solar Energy Collectors Totaling
Greater than 200 Square
Feet (Roof Mounted — Non
Adjustable)
M,P
D
0
A
10 years
Solar Energy Collectors Totaling
Less than 400 Square
Feet (Roof Mounted — Adjustable)
D
A
10 years
Solar Energy Collectors Totaling
400 Square Feet or Greater (Roof
Mounted —Adjustable)
M,P
D
0
A
10 years
R
wned
Special Review for Commercial
creational Use en P-iskiu-County-Open
€ and T ails repertg o on County-
property or roads if below thresholds
established in Sec. 4-30-40(q)(3)(a)
✓
D
A
None unless st;
in approval
Subdivision Exemption
Lot Line Adjustments
Minor Plat Amendments
✓
✓
D
D
A
A
A
None
None
Temporary Commercial Uses
/Special Events
✓
D
A
1 year
[se
floor
Rural
Transfer of Development Right
(See also Sec. 2-40-30)
Issuance of TDR Certificate
for Sale from Sending Sites
✓
✓
✓
D
D
D
A
A
A
None
None
None
of TDR Certificate for Additional Floor
Area on a Lot/Parcel within the Aspen
Urban Growth Boundary
Use of TDR Certificate for Additional
Area on a Lot in a Subdivision in the
Area listed in Sec. 6-30-50(b)(2)(a)
Diversion
✓
D
A
None
Water Crossing or
ONE-STEP
✓
R
REVIEWS
Sec. 2-30-30
None
N,P,M
<D>
Designation to or Delisting from Historic
Register
ictivity Envelope and Site Plan Review for
Stream Restoration Projects
pm
✓
R
<D>
10 years
Extension/N,P,M
Reinstatement of Vested Rights
✓
R
D
GMQS Exemption for
One Additional Dwelling Unit
on a Property Designated to the Historic
Register)
N,P,M
✓
R
_
_
<D>
None
None
Ordinance No. -2014
Page 3
Land Use Code Section
Unit
rty Doriuric
31'oposed to-bc Reloclttd-ot
proposed to be Transferred to a Differen
Parcel
Change in Use of Historic Structure
Civic or Institutional Use
One Single Family Dwelling on
500* Acre Parcel
Historic Incentives for Historic Registe
Pro.erties
Location and Extent Review
iulajor Amendment to Development Pe
)r Approval kX=lscre-Original. Approval-U
Naf lv .AclmMistrative- R ev-ieAs-(Excepff
RIM)
Non -Conforming Use or Structure,
Restoration or Expansion with Minor
Building Modifications
Road and Easement Vacations
Special Review Uses
(See also Sec. 4-20 Use Table and Sec. 2-
40-20)
Special Review for Commercial
R4,creational Use eh-'liticin JekR } t
la rroparty or on County -
owned property or roads
If below thresholds established in
Sec. 4-30-40 (q)(3)(b)
If above thresholds established in
Sec. 4-30-40(. )(3)(c)
Subdivision Exemption for
Fully Developed Lands
New Lots in VC and VR Zone Districts
Parcels for Community and Public Facilities
and Open Space
Separation of Platted Sub -Standard Size
Lots (See also Sec. 9-20-030)
ublic
otice
Takings Determination
Transfer of Development Rights
(See also Sec. 2-40-30)
Review, Decision Making, and Appeal Authority
z > = Public Hearing Re. uired ^ ^
D = Original
Decision -Making
Body
I For example, if an activity envelope is approved to remedy a takings, the approval will expire after 10 years.
None
one
one
Same as Apprc
or Permit
mended
one unless st;
n approval
None unless st;
in approval
one
one
one
one
Determined
by remedy
a.provedl
Ordinance No. -2014
Page 4
TABLE 2-1Revie
Land Use Code Section
Public,
Notice
suance of TDR Certificate for Constrained N,P,M
Site
ssuance of TDR Certificate(s) for Limited N.P.M.
Development Conservation Parcels
se of TDR Certificate for Additional Floor
rea on a Lot/Parcel in the Rural Area NOT N,P,M
listed in Sec. 6-30-50(b)(2)(a)
se of TDR Certificate for Additional Floor
Area on a Lot/Parcel with a Base Square N,P,M
Footage Allotment Granted via Growth
Management Competition
Pre-App.
Re,uired
Use of TDR Certificate to Create
Development Right
Variance of Height or Setback N,P,M
(See also Sec. 2-40-90)
variance for Historic Preservation Incentive N P M
(See also Sec. 7-20-100(g)(2)(b)
Variance of Sign Setback or Number N,P,M
(See also Sec. 2-40-100)
Condominium and Cooperative
Conversions, N,P,M
Timeshare Developments
:onservation Development PUD (CD-PUD) N,P,M
N,P,M
Development in Areas Around Key
Facilities (See also Sec. 7-90)
GMQS Exemption for Construction of
Affordable Housing Located Outside of the N,P,M
AH Zone
GMQS Scoring & Allotments N,P,M
(See also Sec. 2-40-40)
Land Use Code Amendments (See also N
Sec. 2-40-10)
LIR or TR-2 Cluster Option Devt. N,P,M
(See also Sec. 2-40-70)
P-I and SKI-REC
Master Plans and Amendments N,P,M
(See also Sec. 2-40-80)
Rezonings to Zone Districts Other Than a N,P,M
PUD Zone District (See also Sec. 2-40-10)
Site Selection for Activities of Local and
State N,P,M
Interest
(See also Sec. 2-40-120)
Solar Farm N,P,M
Subdivision Exemption for Major Plat N,P,M
Amendment
Review, Decision -Making, and Appeal Authority
<> —Public Hearing Re.uired
<D>
<D>
<D>
TWO-STEP REVIEWS Sec. 2-30-40
SUBDIVISION IN LIR or TR-2 DISTRICT Sec. 2-40-70
vone
1 year
1 year
10 years
Ordinance No. -2014
Page 5
Land Use Code Section
Public
Notice
Pre-App.
Required
`Review, Decision -Making, and Appeal Authority
<> Public Hearing Required
Lapsing
Staff
ABRC
HO _
RIIPC
BQ
P&Z
BOCC
)etailed Final (See also Sec. 2-40-70)
N,P,M
✓
R
R
<D>
None
and
AFFORDABLE
HOUSING
✓
PLD
R
R
AND SUBDIVISION
PROCESS Sec.
2-40-60
R
R
<D>
D
1 year
None
JDs for AH/PUD Zone District and PUDs
ontaining AH Units in Any Zone District
(See also Sec. 2-40-60)
Conceptual
Final
N,P,M
N,P,M
N,P,M
PUD & SUBD
✓
✓
R
R
R
VISION PROCESS
Sec
2-40-50
R
R
R
<D>
<D>
D
1 year
lyear
None
Subdivisions of Land and Rezonings to
PUD zone districts
(See also Sec. 2-40-50)
Conceptual
Detailed
final Plat
IV. AMEND SEC. 2-30-20: ADMINISTRATIVE REVIEW PROCEDURE
(a) General
The Administrative Review procedure applies to decisions for which development permits may be
issued by the staff of the Community Development Department based solely on confirmation that the
application complies with the standards contained in this Land Use Code.
(b) Applicability
The Administrative Review procedure is used for the types of decisions listed under Administrative
Review in Table 2-1.
(c) Pre -Application Meeting
A pre -application meeting is required for Administrative Review applications. The Community
Development Director may waive the requirement of a pre -application meeting, or may substitute a
requirement for a pre -application communication other than a meeting, if the director determines
based on past experience, the applicant is knowledgeable about the requirements, procedures and
criteria applicable to the type of application being submitted.
(d) Initiation
Applications for Administrative Review approval are initiated by filing the submission materials
referenced in Pitkin County Land Use Application Manual with the Community Development
Department. No application shall be reviewed until a determination of completeness has been made
pursuant to Sec. 2-20-70.
Ordinance No. -2014
Page 6
(e) Relationship to GMQS and TDRs
Most applications for Administrative Review do not require receipt of a GMQS allocation and/or
purchase use of a TDR for approval (except for those applications specifically intended to create or
use a TDR). Me wever_ ifAdministrative Review of an Activity Envelope or Site Plan application is
only available i teeewcd for a lot or parcel that does not have has a development right attached to iti
er the propose fuet a` -a--xee€eaiion - r- R
Nwehase—authorized by4aMe—&-1 then -the Gsmt n c lops n tent shall -advise -the
applicant that staff
been. cc '
(f) Staff Review and Decision
The application shall be reviewed by the Community Development Department and a decision to
approve, approve with conditions, or deny the application shall be made be made consistent with the
criteria listed in subsection (g) below. A denial of the application shall be in writing, and shall
specify the approval criteria that have not been met.
(g) Criteria for Approval
(1) General
E-xeept-aa-statedln addition to the criteria in subsections (2) through (i. 20) below, an
application for administrative review shall be approved if it complies with (a) all applicable
provisions of this Land Use Code, (b) all applicable Land Use Policies listed in Sec. 1-60,
and (c) all prior development approvals applicable to the subject property. Where -the
dceis101�c3� + 11 ' + —� Fi`rao4%��t fyl.} t +, rr a 1 r ,•t,r In the . - ' and
de a4 a1H.ne+uue,
s ccial reverse+-t ems. 2= 0 30(h)(2) and 2
(2) Site Plan
(a) A Site Plan shall be approved if it complies with the criteria in subsection (I.l
above (a ) -all Il appticable-pmvisienit-ofthri,s Land Li se-€ede and (b) any Activity
Envelope previously approved for the property pursuant to Sec. 7 10 50-an4 (c) all
ci property. Where the property
contains Constrained Areas, the Community Development Department staff shall
follow those Priorities for Locating New Activity or Development listed in Sec. 7-10-
60. If an Activity Envelope has not been previously established for the property
pursuant to Sec. 7-10-50, one shall be established as part of the Site Plan Review
process. Use of TDRs for additional floor area to increase house size above the base
maximum outlined in Table 5-1 may be subject to special review approval, if required
Ordinance No. -2014
Page 7
in Sec. 6-, 0-50(b). and shall be reviewed through the Site Plan process. Certain
development may be exempt from Site Plan Review, pursuant to Sec. 7-1.0-30.
(b) The Community Development Director may approve a Site Plan or Activity
Envelope. subject to the following procedures:
(1) Notice of the application shall be provided as shown. in Table 2 and as
rzquixed in Sec. 2-20-100.
(2) In addition to the information required by Sec. 2-20-100. the notice shall
state that the Community Development Department will accept comments or
objections regarding the application until a date at least two (2) weeks
following the postmarked date of the mailed notice. The notice shall .further
state that if no objections are received by that date. the Community
Development Department shall make a decision on the ap �lF u ation pursuan. t to
this Land Use Code.
(3) If no objections to the application are received by the date stated in the
notice, the Community Development Department shaill document the fact that
no objections were received and. shall make a decision on the application
pursuant to this Land Use Code.
(4) If any objections to the application are received by the date stated in the
notice, the Community Development Department shall continue the
application to a public hearing before the Hearing Officer.
(3) Activity Envelope
An application for designation of an Activity Envelope shall be approved if it complies with
the standards and criteria established in Sec. 7-10-50. If the applicant chooses to apply for
definition of an Activity Envelope separately from approval of a Site Plan, the Activity
Envelope shall be designed to accommodate the largest home anticipated and related septic
field on the site pursuant to Table 5-1. Use of TDRs for additional floor area to increase
house size above the base maximum outlined in Table 5-1 shall be reviewed through the Site
Plan process. The definition of an Activity Envelope based on a maximum house size and
septic field shall not create any presumption that a Site Plan for a house at the same size can
or will be approved pursuant to this Land Use Code. The applicant may specify that the
Activity Envelope is being created for a house smaller than the maximum allowed under
Table 5-1, and in that event the Activity Envelope will be designed to accommodate a house
and septic field of that size. Where the property contains Constrained Areas, the Community
Development Department staff shall follow those Priorities for Locating New Activity or
Development listed in Sec. 7-10-60. Actual siting of the septic field shall require final
approval pursuant to the Environmental Health and Natural Resources On -Site Wastewater
Treatment System regulations. Certain development may be exempt Iron Site Plan Review.
pursuant to Sec. 7-10-30. The procedure for approval of an Activity Envelope shall be the
saute as specified in subsection (2)(hp above.
Ordinance No. -2014
Page 8
(4) Subdivision Exemptions for Lot Line Adjustments
A subdivision exemption to adjust a lot line between adjacent lots or parcels under separate
ownership may be approved if it complies with the criteria in this subsection.
(a) The adjustment creates not more than the original number of lots or parcels.
(b) The purpose or effect of the lot line adjustment is not the creation of a new lot or
parcel, nor any increase in exempt or non exempt floor area or maximum house size
for a parcel that gains size, nor creation of a lot or parcel substantially different in size
for development or resale purposes. The floor area will be reduced on a parcel that
decreases in size due to the adjustment.
(c) In the case of conforming lots and parcels, any resulting lot or parcel shall
conform to the minimum requirements for area or width established by the provisions
of this Land Use Code.
(d) In the case of substandard size lots or parcels, the resulting lots or parcels may
increase in non -conformity as to lot size so long as the other standards of this Land
Use Code continue to be met.
(e) The applicant shall prepare a subdivision exemption lot line adjustment plat in
compliance with the standards in Pitkin County Land Use Application Manual.
(f) lithe lot line adjustment will occur within a platted subdivision. aAn application
for a minor plat amendment consistent with the proposed lot line adjustment shall be
submitted and reviewed concurrently with the application for a lot line adjustment.
(5) Subdivision Exemptions for Minor Plat Amendments
A subdivision exemption for a minor plat amendment may be approved if:
(a) It is necessary to correct an inadvertent surveying error to a recorded plat that has
been approved by Pitkin County, where the error was not intended to circumvent the
provisions of this Land Use Code, the correction increases or does not substantially
affect the degree of compliance with the standards of this Land Use Code; and the
revised final plat will comply with the final plat standards of Pitkin County Land Use
Application Manual; or
(b) The amendment increases or does not affect the degree of compliance with the
standards of this Land Use Code; and the amendment is being made to a recorded plat
that has been approved by Pitkin County; and the amendment is consistent with
representations made during the conceptual and detailed subdivision reviews
whichever is applicable.
Ordinance No. -2014
Page 9
(6) Water Crossing or Diversion
The County Engineer and the Community Development Director shall confirm that the
proposed water crossing or diversion has been engineered to prevent blockage of drainage
channels during peak water flows and their placement does not result in the loss of wetlands
and riparian areas; and it is confirmed by the Colorado Division of Wildlife or the County's
fisheries expert that the timing of the activity is not critical to the biology of the stream. If
the County Engineer and Community Development Director do not confirm that these
standards have been met, or if a diversion is for the purpose of a micro hydroelectric
generation system, the crossing or diversion may only be approved through a One -Step
review by the Board of County Commissioners subject to standards outlined in Section 4-30-
50(k).
(7) GMQS Exemptions Available through Administrative (Review
Exemptions from the requirement for a GMQS allotment that are available through
Administrative Review, as shown in Table 2-1, may be approved if they comply with the
requirements for the specific type of exemption, as set forth in Sec. 6-30.
(8) Satellite Reception Devices
A permit for installation of a satellite reception devices) if it exceeds one (1) meter for
residential use and more than two (2) meters for industrial use may be approved if it complies
with the following standards:
(a) All satellite reception dishes devices that do not comply with Sec. 4-30-50(g)
shall require approval pursuant to this Sec. 2-30-20(g)(8).
(b) If the satellite reception dish --device does not meet the requirements of Sec. 4-30-
50(g)(1) or (2), the installation of up to two (2) di3hes-devices per lot or parcel shall
be a use by right, but shall be located to minimize scenic impacts when viewed from
neighboring parcels and public rights -of -way. Landscaping pursuant to Secs. 7-20-
120 and 7-20-130 may be required around a satellite reception dish -device to reduce
scenic impacts.
(c) If the satellite reception dish -device does not meet the requirements of Sec. 4-30-
50(g)(1) or (2), or more than two (2) dishes -devices are requested on a lot or parcel, a
special review use approval will be required pursuant to Secs. 2-30-30 and 2-40-20.
As part of such special review process, additional landscaping may be required to
address visual impacts.
(d) Regardless of whether Sec. 4-30-50(g)(1) or (2) apply, if the County determines
that the location of a satellite reception dishdevice creates a public safety hazard, the
device shall be relocated at the owner's expense to a location that does not create a
public safety hazard.
Ordinance No. — 2014
Page 10
(e) Financial guarantees consistent with Sec. 2-20-130 may be required to ensure
adequate completion of landscaping.
(9) Agricultural Stand
A temporary use permit for an agricultural stand may be approved if it complies with the
standards of Sec. 4-30-50(b).
(10) Signs
A permit for a sign may be approved if it complies with the standards of Sec. 7-60.
(11) Temporary Use, Other
An application for a temporary non-commercial activity or use may be approved if the
Community Development Department determines that the applicant or a member of the
applicant's family has not applied for approval of the same or a similar activity more than
twice within the previous twelve (12) month period, and that the application will mitigate all
significant adverse impacts on surrounding properties. The Community�Development
litgnage,
Department may impose conditions related to hours of ared operawelftion,
re parand i limigt tang, adverse impacts
or other matters to promote the public health, safety,
on surrounding properties.
(12) Temporary Commercial Uses/Special Events
An application for a temporary commercial use or special event may be approved if it
complies with the standards of Sec. 4-30-50(i).
(13) Demolition Extensions
A person seeking to replace a legally established structure pursuant to Sec. 6-30-110 may
delay the demolition of the existing structure in order to continue a business or maintain a
residence during the construction of the replacement structure subject to compliance with the
standards in this section.
(a) The applicant shall execute a guarantee in a form acceptable to the County
Atrney insuring the demolition acremovalrestoration
of the site prior to the issuance of certificate of occupancy forstructure
replacement
structure.
b 1 n the case of air existing residences, the applicant shall agree not to request
approval to maintain the residence as a caretaker dwelling unit er-ars e-ntploy€e
+, unless the site and existing unit meets the standards in Secs. 4_30-50(e)
and 6-30-40(c) of-(d)•
Ordinance No. -2014
Page 11
(14) Certificate of No Effect for Property on Historic Register
(a) The Community Development Department shall issue a Certificate of No Effect if
(i) It is determined that the work is minor and clearly meets the applicable design
guidelines, including but not limited to the provisions of Sec. 7-20-100, and/or (ii)
modifications to the proposed work requested by the County are agreed to by the
applicant, and (iii) the proposed work will not diminish, eliminate or adversely affect
the historic character of the subject property or the district in which it is located.
(b) No changes shall be made to the approved plans for which a Certificate of No
Effect was issued without resubmittal to the Community Development Department
for approval of the changes.
(c) If the Community Development Department deteiilines that the proposed work
is not eligible for a Certificate of No Effect, then the property owner must apply for
and obtain a Certificate of Appropriateness.
(15) Certificate of Appropriateness for Property on Historic Register
(a) The Community Development Director shall issue a Certificate of
Appropriateness subject to a finding of compliance with the following standards.
(1) The proposed work will be reviewed relative to the elements of
placement, orientation, size, scale, massing, proportions, materials, textures,
finishes, patterns, details, embellishments and the relationship of these
elements to one another that contribute to the historic, architectural, cultural,
technological and/or educational significance of the property.
(2) Conformance with applicable general and specific design guidelines and
standards, including but not limited to the provisions of Sec. 7-20-100.
(3) For the relocation of historic buildings and structures, the extent to which
the new location and its siting recreate the setting and environment associated
with the original period of significance for the historic property.
(b) A Certificate of Appropriateness will expire one year from the date of issuance
unless work is started within that time.
(c) No changes shall be made to the approved plans after the issuance of a Certificate
of appropriateness without resubmittal to the Community Development Director and
determination of the necessary approval process for the proposed changes pursuant to
Sec. 2-20-150.
Ordinance No. -2014
Page 12
(16) Demolition Certificate for Property listed on Historic Register or listed on Historic
Inventory with Historic Preservation Management Agreement
The Community Development Director shall issue a demolition certificate for the property
subject to a finding of compliance with the following criteria:
(a) The building, structure or object has been determined to be an imminent hazard to
public safety and necessary repairs will cause the loss or alteration of the significant
character -defining features of the property, and/or
(b) The building is not structurally sound despite evidence of efforts to properly
maintain the property, and/or
(c) The building, structure or object cannot be practically moved to another location
within the county, and/or
(d) No documentation exists to support or demonstrate that the property has historic,
architectural, cultural, engineering or technological significance, and
(e) The loss of the building, structure or object will not adversely affect the integrity
of the historic district or designated property on which it is located.
(17) Minor Amendment to a Development Permit
See Sec. 2-20-150(b).
(18) Major Amendment to a Development Permit
See Sec. 2-20-150(c).
(19) Flexibility for Agricultural Support
If a property does not meet the minimum acreage required in Sec. 5-20-70(j) for an exempt
agricultural building, or if the exempt floor area provided in Sec. 5-20-70(ij) is not adequate
to support an agricultural operation, the owner may submit a request to obtain additional
exempt floor area. The Community Development Director may review requests for
additional exempt floor are of up to:
(1) 1,000 square feet on a property that does not meet the minimum acreage required
in Sec. 5-20-700) for an exempt agricultural building
(2) 25 % more than is allowed for each of the following types of agricultural
buildings — hay storage; livestock run-in or loafing shed; agricultural equipment
storage; and barns — if the exempt floor area provided in Sec. 5-20-70(j) is not
adequate to support an agricultural operation; or
Ordinance No. = 2014
Page 13
(3)
3,000 square feet for a greenhouse(s) if the exempt floor area provided in Sec. 5-
20-70(j) is not adequate. The Director may refer any request to the BOCC for
decision pursuant to Sec. 2-30-20 (i). The BOCC shall review requests for
additional exempt floor area in excess of the amounts that may be reviewed by
the Community Development Director. Special Review approval is required for a
greenhouse(s) of 3,000 square feet or more. The Community Development
Director or Board of County Commissioners (BOCC) shall approve the additional
exempt floor area, provided the following criteria are met:
(a) Agricultural Buildings are listed as an allowed, special review or master
plan use in Table 4-1 in the zone district; and
(b) The agricultural building(s) complies with the applicable standards of
Chapter 7; and
(c) The owner demonstrates that the property is utilized for an agricultural
operation as defined in Chapter 11 and that the agricultural building(s) are
designed and will be used to support the agricultural operation. To
demonstrate that the property is utilized for an agricultural operation and that
the agricultural building(s) are designed and will be used to support the
agricultural operation, the owner shall submit the following:
(1) Detailed description of existing and proposed agricultural
activities, including number of animals, type of crop(s) grown, types
and size of equipment, implements and gear, etc.
(2) Site plan showing existing and proposed buildings and areas on
the property used for the agricultural operation;
(3) Floor plans and elevations of the agricultural building(s) to
demonstrate that the scale and layout of the building(s) are appropriate
given the specified agricultural activities.
(4) Description of how the proposed agricultural building(s) will
support and sustain the rural character of the County.
(d) The Agricultural Building Review Committee shall review applications
for additional exempt floor area for agricultural buildings and make a
recommendation to Community Development Department as to whether the
agricultural building is designed to support an agricultural operation and is
functional for agricultural uses. The Community Development Department
shall have the discretion to determine which applications for agricultural
buildings should be referred to the Committee for review; an Applicant may
also request a Committee review.
Ordinance No. -2014
Page 14
(20) Activity Envelope and Site Plan Review at Building Permit for Ground Mounted Solar
Panels
(a) An "Activity Envelope and Site Plan at building permit application" shall be
submitted in conformance with Section 2.2.1 and 2.2.12 of the Pitkin County Land
Use Application Manual. Submittal requirements can be modified by Staff as
deemed necessary.
(b) The plan submittal shall show conformance with °Chapter 4: ?Permitted uL ses —
&Section 4-30-50(h):5 °Chapter 5: dDimensionsional (Requirements: and Crehapter
7: °Constraints.
(h) Mapping and Platting Requirements
Prior to the submittal of a building permit application, the applicant shall be required to prepare and
record with the Pitkin County Clerk and Recorder any map or plat required by the approval in a form
approved by the Community Development Director consistent with the submission requirements in
Pitkin County Land Use Application Manual and any conditions of approval:
(i) Referral to Higher Body
(1) In lieu of making an administrative decision, the Community Development Director may
refer any application authorized for administrative approval to the Hearing Officer or BOCC
as determined by the Community Development Director for decision pursuant to the criteria
in subsection (g) above if the Community Development Director determines that:
(a) The application raises a significant public controversy on which numerous parties
beyond the owners of adjacent properties may want to offer testimony; or
(b) The applicant has a disagreement with the Community Development Department
regarding a condition of approval; or
(c) The applicant has exerted significant and undue pressure on the Community
Development Department to interpret this Land Use Code in a novel or ambiguous
manner in order to obtain an approval, or has attempted to influence the decision of
the Community Development Department in an improper manner.
(2) In lieu of making a decision pursuant to a referral under subsection (1) above, the
Hearing Officer may refer any referred application to the Board of County Commissioners
for decision pursuant to the criteria in subsection (g) above if the Hearing Officer determines
that:
(a) The application raises a significant public controversy with potential county -wide
importance or impacts; or
Ordinance No. -2014
Page 15
(b) The applicant has exerted significant and undue pressure on the Hearing Officer
to interpret this Land Use Code in a novel or ambiguous manner in order to obtain an
approval, or has attempted to influence the decision of the Hearing Officer in an
improper manner.
(j) Vested Right
FnR�a rn ablc ? ; The Administrative Review process will result in. the creation
of-er-e-ates a vested right pursuant to Sec. 2-20-170 only when an application for an Activity
Envelope or Site Plan is approved by the Community Development Director.
2--_l7_0(a)(11).:
(1)
(k) Appeal
Decisions made pursuant to this Administrative Review process may be appealed to those bodies
identified in Table 2-1 pursuant to Sec. 2-20-180.
V. AMEND SEC. 2-30-30: ONE-STEP REVIEW PROCEDURE
(a) General
The One -Step Review procedure applies to decisions for which development permits may be issued
after a single review by the Hearing Officer, Planning and Zoning Commission, or the Board, as
shown in Table 2-1..
(b) Applicability
The One -Step Review procedure is used for the types of decisions listed under One -Step Review in
Table 2-1.
(c) Pre -Application Meeting
A pre -application meeting pursuant to Sec. 2-20-30 is required for those One -Step Review
applications indicated in Table 2-1.
(d) Initiation
Applications for One -Step Review are initiated by filing the submission materials referenced in
Pitkin County Land Use Application Manual with the Community Development Department. No
application shall be reviewed until a determination of completeness has been made pursuant to Sec.
2-20-70. After the application has been determined to be complete, the Community Development
Department shall schedule a public meeting or hearing for the application pursuant to Sec. 2-20-80.
Public notice for the public hearing shall be provided pursuant to Sec. 2-20-100.
Ordinance No. -2014
Page 16
(e) Relationship to GMQS and TDRs
Applications for One -Step Review may require receipt of a GMQS allocation and/or purchase -use of
a TDR -app if they involve development on a lot or parcel that does not have development
rights attached to it or the construction of a house larger than the maximum dwelling unit size
without GMQS allocation or use of a TDR purehase-permitted by Table 5-1.
(f) Staff Review and Recommendation
The Community Development Department shall review the application and make a recommendation
pursuant to Sec. 2-20-90. For applications for oil and gas extraction, a site visit may also be required
pursuant to Sec. 2-40-20(e).
(g) Action by Decision -Making Body
The decision -making body indicated in Table 2-1 shall review the application and the staff
recommendation, shall conduct a public meeting or hearing on the application pursuant to Sec. 2-20-
110, and shall make a decision to approve, approve with conditions, or deny the application.
(h) Criteria for Approval
(1) General
An application for One -Step Review shall be approved if it complies with (a) all applicable
provisions of this Land Use Code; (b) all applicable Land Use Policies listed in Sec. 1-60,
and (c) all prior development approvals applicable to the subject property.
(2) Special Review Uses or Activities
The BOCC, the Hearing Officer and/or the Community Development Director shall only
approve the proposed special review use or activity if it finds that all of the following criteria
are met:
Plan.
(a) The special review use shall be consistent with the applicable County Master
(b) The special review use shall not conflict with any applicable sections of the
Pitkin County Land Use Code, including the County Land Use Policies in Chapter 1.
(c) The proposed development must not materially endanger the public health, safety
or welfare.
(d) The proposed development must not substantially injure the value of adjoining or
abutting property.
Ordinance No. -2014
Page 17
(e) The special review use shall be consistent with the intent of the zone district in
which it is proposed to be located.
(f) The special review use shall be compatible with the character of the immediate
vicinity of the parcel proposed for development and surrounding land uses, or shall
enhance the mixture of complimentary uses and activities in the immediate vicinity of
the parcel proposed for development.
(g) The location, size, design and operating characteristics of the proposed special
review use must be in harmony with the surrounding area and minimize adverse
effects, including visual impacts, impacts on pedestrian and vehicular circulation,
traffic generation, parking, trash, service delivery, air/water pollution or other impacts
on natural resources, noise, vibrations and odor on surrounding properties.
(h) There must be adequate public facilities and services to serve the special review
use, including but not limited to roads, potable water, sewer, solid waste, parks,
police, fire protection, emergency medical services, hospital and medical services,
drainage systems, and schools.
(i) The proposed special review use must comply with any additional standards or
requirements stated for such use in Sec. 4-30 and/or Sec. 2-40-20.
(j) If a Special Review Use ceases or its permitted time period ends, all uses and
structures must immediately be brought into conformance with the underlying zone
district regulations. If cessation of operation is due to demolition or destruction
through any manner not willfully accomplished by the owner, uses/structures may be
restored as of right pursuant to Sec. 9-30-70 of the Land Use Code.
(3) Subdivision Exemption for Fully Developed Lands
(a) A subdivision exemption for fully developed lands may be permitted at the
discretion of the County subject to compliance with standards in this section:
(1) The applicant shall prepare and record with the County Clerk and recorder
a final plat meeting the requirements of Pitkin County Land Use Application
Manual and approved by the Community Development Director.
(2) The subdivision divides land that is fully developed under existing zoning
(one principal use per minimum lot size) and the resulting lots or parcels will
meet the underlying zone district dimensional requirements. However, a
subdivision exemption for fully developed lands that creates non -conforming
lots may be approved if the lots are deed -restricted to affordable housing
occupancy and price restrictions as approved by the Board of County
Commissioners and its housing designee.
Ordinance No. -2014
Page 18
Space
(3) An Activity Envelope shall be established, and a Site Plan review
completed for all lots or parcels created through this provision.
(4) Remodeling of an existing residential dwelling unit shall not result in any
change in use, expansion or relocation of footprint, or increase in floor area.
The replacement of any legally established structure shall not result in any
change in use, addition of dwelling units, or expansion of the floor area;
however, the existing footprint may be modified or relocated subject to special
review approval by the Planning and Zoning Commission pursuant to criteria
in Sec. 2-30-30(h)(2).
(5) The development was done in conformance with the law at the time of
development.
(b) For applications that comply with the above criteria, a GMQS exemption is
available pursuant to Sec. 6-30-100(b).
(4) Subdivision Exemption to Create Parcels for Community or Public Facilities or Open
A subdivision exemption to create parcels for community and public facilities or public open
space shall be permitted at the discretion of the Board of County Commissioners subject to
compliance with the standards in this section.
(a) The subdivision of land for community and public facilities and for creation of
open space parcels for conveyance to Pitkin County is exempt from subdivision
subject to compliance with the standards in Sec. 6-30-120.
(b) This subdivision exemption may be utilized on an existing non -conforming sized
lot or parcel and it may also result in the creation of a non -conforming sized lot or
parcel.
(c) Any open space parcel created through this section shall yield a significant public
benefit in terms of public outdoor recreation and/or the scenic enjoyment of the
public, and/or the preservation of a historically important land area, and/or public
access to public lands.
(d) An applicant shall be required to prepare and record with the County Clerk and
Recorder a subdivision and -exemption plat approved by the Community Development
Director meeting the requirements of Pitkin County Land Use Application Manual.
(e) For applications that comply with applicable criteria, a GMQS exemption is
available pursuant to Sec. 6-30-120.
Ordinance No. -2014
Page 19
(5) New Lots in VC and VR Zone Districts
A subdivision exemption for new lots created within the VC and VR zone districts shall be
permitted subject to compliance with standards in this section.
(a) The subdivision divides land within the VC or VR zone districts, and the resulting
lots will meet the underlying zone district's dimensional requirements.
(b) New lots must have frontage on Redstone Boulevard.
(c) The applicant shall prepare a subdivision exemption plat meeting the
requirements of Pitkin County Land Use Application Manual.
(d) For applications that comply with applicable criteria, a GMQS exemption is
available pursuant to Sec. 6-30-130.
(6) Not Used€-`
UOnt 1inrg-an-14i-
nit on a Lot or Parcel
(7) Road and Easement Vacations
The BOCC may vacate a road or easement at the request of a private landowner(s) or at
insistence of the County subject to compliance with the following standards. For purposes of
this section, the terms "road" and "easement" shall be deemed to include any and all parcels
upon which there has been legally sufficient dedication to the public use and a legally
sufficient acceptance of the dedication by the public or authorized agents, representatives or
officials of public entities.
(a) Vacation shall be approved if it is demonstrated that upon vacation there shall
remain suitable access to public and private land presently accessed by the street or
easement proposed for vacation.
(b) In the event of vacation, rights -of -way or easements may be reserved for the
continued use of existing sewer, gas, water, or similar pipelines and appurtenance, for
ditches, canals and appurtenances, and for electric, telephone, and similar lines and
appurtenances. Equestrian, pedestrian, vehicular or other trails may also be reserved
by the Board of County Commissioners.
(c) Any written instrument of vacation or a resubdivision plat approved by the Board
of County Commissioners purporting to vacate or relocate roadways or portions of
roadways that is of record in the counties where the roadways affected are situated for
Ordinance No. -2014
Page 20
a period of seven (7) years shall be prima facie evidence of an effective vacation of
such former roadways.
(8) Approval of an Activity Envelope or Site Plans by Hearing Officer
When an application for approval of an Activity Envelope or Site Plan is heard by the
Hearing Officer, either because the Community Development Director has referred the
application pursuant to Sec. 2-30-20(i), or because the application i.s i
-enec-propertt ht IMrs t-to-See. � 70 an objection has been submitted, the Hearing
Officer shall apply the same approval criteria that Community Development Department
staff would have applied to an administrative approval of the application under Sec. 2-30-
20(g).
(9) Designation to or Removal from Historic Register and Grant of Optional Incentives
(a) Designation of properties to the Pitkin County Historic Register, or the removal
of properties from the Historic Register, are both accomplished through a resolution
approved by the Board of County Commissioners. An application for designation
may be filed by the property owner, the Community Development Director, the
Planning and Zoning Commission, or the Board of County Commissioners.
(b) The criteria for designation of properties to the Historic Register are in
Registerfou.nd in Sec. 7-20-100.
(c) The Justification for delisting includes, but is not limited to: (i) the loss of
significance due to loss of or damage to the associative qualities or physical
characteristics that make the property or district historic or architecturally important,
or (ii) contradictory information to the analysis and/or findings of the original
designation report. If a request for delisting from the Historic Register is denied, a
new application for delisting may not be filed again for a period of two (2) years from
the date of denial by the Board of County Commissioners.
(d) The Hoard of County Conunissioners ntay grant optional. incentives to properties
designated to the Pitkin County Historic Register, pursuant to Sec. 7-20-100(f).
(10) Location and Extent Review
(a) The purpose of the location and extent review is to determine whether any
proposed road, park, or other public way, ground, or space, or public building or
structure or public utility, whether publicly or privately owned is in conformance with
the applicable County Comprehensive Plan or Master Plan.
(b) The acceptance, widening, removal, extension, relocation, narrowing, vacation,
abandonment, change of use, or sale or lease of or acquisition of land for any road,
Ordinance No. -2014
Page 21
park, or other public way, ground, place, property, or structure, shall be subject to
similar submission and approval.
(c) A location and extent review may be undertaken concurrently with any other
applicable County review process.
(d) In the case of disapproval by the Planning and Zoning Commission of a location
and extent review the Commission shall communicate its reasons to the governing
body or official having jurisdiction for the proposed project.
(i) Vested Right
The One -Step Review process will result in the creation of a vested right pursuant to Sec. 2-20-170
in the following situations only:
(1) When an application for approval of an Activity Envelope or Site Plan is decided by the
Hearing Officer -because the Communi De e4e n: rid a a p mat
pursuant to See. 2 0-24(i);
pplitticeri-i.s for a major amendtrn-at
efore the 5th of
(43) When the application is for a major amendment to a Site Specific Development Plan
pursuant to Sec. 2 20 150 •ft i' '�^ de lop ,,
���-at,��z nca �erfnitarilaficrthe5thof:lul��
280(.
(j) Appeal
Decisions made pursuant to the One -Step Review process may be appealed to those bodies identified
in Table 2-1 pursuant to Sec. 2-20-180.
VI. AMEND SEC. 2-40-80: CD-PUD ZONE DISTRICT RESIDENTIAL OR COMMERCIAL
AGRICULTURAL DEVELOPMENT OPTIONS REVIEW PROCEDURE
(a) General
The CD-PUD zone district review procedure is an
expedited approval procedure that applies only within
the CD-PUD zone district to applications for
Ordinance No. -2014
Page 22
development pursuant to the residential or commercial
agricultural development options.
(b) Pre -Application Meeting
A pre -application meeting pursuant to Sec. 2-20-30 is
required prior to submission of an application.
(c) Procedures
Applications for approval of a CD-PUD dDevelopment pPlan
ena-lee--er parcel of Less -than three hu+relret4-and twe-nt--(32�)
acres shall comply with the provisions of Section 2-30-40 and
2-40-10 for a rezoning to CD-PUD. Applications for approval
of a CD-PUD subdivisiewDevelopment Plan shall also comply
with the provisions of Sec. 2-40-50 applicable to other PUDss
except that approval shall only require a single review of
eoneept+u detailed atsd-final-plat--decdtinent-sthe application by
the Planning and Zoning Commission, and a single decision on
the application by the Board, as
icant-shall-be r-egitite4-tc-idrake -a
shown in Table 2-1.
attt4impro-vemeni agreerne
financial guarantees-req&
c
eptieu coneept-n
(d) Requirement for GMQS Allocation or TDRs in CD-PUD Zone District
If the applicant applies for development under the CD-PUD residential or commercial agricultural
development options described in Sec. 3-70-40(gh) or (hi), the development shall be eligible for a GMQS
exemption pursuant to Sec. 6-30-90. TDRs may only be used as specified in Sec. 3-70-40(gh) or (i).
(e) Criteria for Approval
A CD-PUD dDevelopment pPlan or -final -plat may be recommended for approval by the Planning and
Zoning Commission, and may be approved by the Board, only if those bodies find that all of the following
criteria have been met:
(1) The application complies with all applicable provisions of this Land Use Code;
Ordinance No. -2014
Page 23
(2) The application complies with all prior development approvals applicable to the subject property
or aerees to vacate ail' prior development approvals;
(3) The general layout of roads, driveways, utilities, drainage facilities, and other services within the
parcel is designed in a way that minimizes the amount of land disturbance, maximizes the amount of
open space in the development, preserves existing trees/vegetation and riparian areas, protects
critical wildlife habitat, and otherwise accomplishes the purposes and intent of this Land Use Code;
(4) The development will not result in significant adverse impacts on the natural environment,
including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will
be substantially mitigated;
(5) Adequate and sufficient public safety, transportation, utility facilities and services, recreation
facilities, parks, and schools are available to serve the property, while maintaining sufficient levels
of service to existing development.
dal plat shall .c ba;;etl on a:failure to
adopted rnacluti ❑, rdinance, or regulation andshall be suppor^e-d by mini_ findi_
specify-i-ng-thc provisiens-that-the plair-failed-ko address ei sati tj-
(gf) Vested Right
A CD-PUD 4Development pPlan
s a Site Specific Development Plan, as defined in Sec. 2-20-
170(b), and shall result in the establishment of a vested right.
is � c Hurst at to he CA t Il-review-proee
e z?0 filth
e appez
VII. AMEND SEC. 3-70-40: CD-PUD (CONSERVATION DEVELOPMENT PUD)
(a) Intent
( one a PU4_ (Conservation Development PUD) zone district is a decignatiow%' .t
allows for a variety of conservation development options, with \ aryingagree-s-of
conservation including low density, low intensity residential development or compatible rural
commercial agricultural operations.
(2) The purpose of this zone district is to allow residential and agriculturally related
commercial uses that minimize impacts of construction, servicing and occupation of the
residences to preserve the rural character of lands in this zone district. The zone districts
Ordinance No. -2014
Page 24
seeks to limit the density and intensity of development thereby protecting existing onsite
natural resources, preserving neighborhood rural character, decreasing employment
generation which would occur with more intense development and otherwise limiting the
demand for public services.
(b) Location Criteria
Lands eligible for the CD-PUD zone district designation are large properties of one hundred sixty
(160) acres or greater located in Rural Areas. These parcels may have or may be associated with
environmental or ecological resources, environmental hazards, and -areas of state interest, and
agricultural resources. or may be properties otherwise sensitive to overly intensive development.
(c) CD-PUD Development Plan
A CD-PUD Development Plan shall be
PUD zone district.
oved concurrent with approval of a rezoning to the CD-
(ed) Use Restrictions
Lands within the CD-PUD zone district are limited to the following permitted and special review
uses. Uses not listed are prohibited.
(1) Permitted Uses
The a1 reatri,et the lands within its ho+wduri' 1
perm.itt
(a) Single family dwelling unit(s), together with associated accessory structures.
or ranching. Under Development Option 1. Residential Development,
farming or ranching, shall be accessory to the primary residential use of the property,
and :any activities occurri.ne on the property, or uses of the property that would cause
the properties to be classified as agricultural lands pursuant to Title 39. Colorado
Revised Statutes, are prohibited. Under Development Option 2. Co.nunercial
Agricultural Development, farming and ranching which must be conducted for the
primary purpose of obtaining a monetary profit (permitted -only t+Rdende=lepmcni
(c) Agricultural buildings.
(d) Agricultural stands.
(e) Caretaker dwelling units.
(0 Home occupations.
Ordinance No. _-2014
Page 25
(g) Public utilities, minor, which may be accessory to uses on other properties.
(h) Satellite reception device.
(i) Solar energy collector.
(j) Trail
(2) Special Review Uses For Commercial Agricultural Development Option Only
The-appfeyal o -a-L:D {'-l'-Pshal-r'estiect tiw aa+nds-vi-ithFn-+ts boaudePie, to the fellowi-eg
special. revi: \v use&
(a) Agricultural housing.
(b) Arts and crafts studio.
(c) Bed and Breakfast
(d) Blacksmithing.
(e) Cellular telephone facility or building -mounted cellular telephone antennae.
(f) Cemetery.
(g) Club house or recreational building.
(h) Country inn, guest ranch and resort cabins (allows up to 20 guest rooms)
(i) Day care home.
(j) Firewood splitting, commercial.
(k) Horse boarding.
(I) Logging.
(nil Ivfiero Hydro Electric Energy System
(n) Mineral and gravel extraction.
(no) Nordic ski area & support.
(ep) Outdoor recreational, other.
Ordinance No. -2014
Page 26
(pq) Public utilities, major.
(qr) Radio or TV transmitting station.
(sr) Sewage disposal area or water plant.
Us) Silviculture.
ut) Use by Federal permit.
(vu) Water crossing or diversion.
(w*') Wind powered electric generator
(d) Development Standards
(1) General
Alt standards catablished in C hapttre
CD P-UB district -unless e- pl-ieith,-modified as provided in subsection (3) hdow
l^ a r
approval (locale -Firs. Potent
dep:cvclo meat 0
-n subsectiens
d
Ordinance No. -2014
Page 27
(2) Entire Parcel
An application for a CD-PUD rezoning and Development Plan des pat Etrmust include
within the application the entirety of the unsubdivided parcel and adjacent parcels held in
common ownership as configured on the 5th of July, 2006 sufficient to meet the minimum
acreage requirement in Sec. 3-70-40(b). The maximum potential density-ark-devel xlity
t p khirrthe-GP PI: P-eics-i
parcel. Adjacent parcels held in separate ownership may be aggregated to meet the minimum
acreage requirement; if the CD-PUD is approved, the parcels shall be combined into one (1)
ownership.
(3) Height and Setbacks
Maximum heights of principal and accessory structures and setbacks of all structures may be
modified through the CD-PUD approval process.
(4) Siting
All buildings and structuresdevelopment will be aitt •tccl sited after a site specific analysis of
the resources, scenic qualities, and hazard qualities constraints of thegarcelcach individual
pipet -arty in consideration and application of the policies and siting criteria contained in this
Land Use Code. At a minimum the CD-PUD Development Plan shall establish Activity
Envelopes on. the parcel. Concurrent with or fFollowing approval of the CD-PUD
Development Plan, approval of a Site Plan(s) conforming to this Land Use Code shall be
required for all development within the approved Activity Envelopes.
(ef) Duel -Re trietian-lar-- r dev eloped-L-andConservation Easement
The entirety of the property within the CID-PU.D shall be encunbercd Fr/ a Conservation Easement
that runs to the benefit of Pitkin County. The Conservation 'Easement shall depict the All land
outside ef Activity Envelopes- where approved development — esignated in the CD [44P-pieces
may occur, and the s all be deaibrnated as pPreservation aAreas outside of the Activity Envelopes. in
the. approved -GA PUD detailed and finialtdatis. The Conservation Easement shall ensure at a
minimum that: These
(1) The pPreservation aAreas shrill be -are preserved in perpetuity by-a-eonser'ati-en
easement or coy rt^ ed b 'a a as n ,. which. at a minimum shrill re: trier
(21 t The property is limited to those allowed and special review uuses specified in the CD-
PUD Planfr-om_fut+ne_ non agricultural development and,
(3) The Property is restricted in perpetuity against any future division, subdivision (including
de /into subdivision). partition of the Property into more than. one parcel of land, whether by
physical or legal process, or encumbering less than the entirety of the Property by deed of
trust. and any attempt to do so may be set aside by a court of competent jurisdiction. At all
tinter, the Property shall be owned and convened as a single_parcel. Notwithstanding the
foregoing, multiple parties may hold and own undivided interests in th,e Property as eo-
Ordinance No. -2014
Page 28
Land that has been previously encumbered by
be a h D PUD application a
through a conservation eas-emea -th rt-hind m
consideration. in an application for a CD-PUD-a p
Plan.
conservation easement
i appro; al process. If land has be
as sti-1l be considered as pant-elis eligible for
ezoning and Development
(fg) Choice of Development Options
In the CD-PUD application, the applicant shall choose either Development Option 1 - Residential
Development or Development Option 2 - Commercial Agricultural Development. An applicant who
chooses to use Development Option 2 on the parcel may later choose to instead apply for an
approval under Development Option 1. As part of the application for approval under Development
Option 1, the applicant shall relinquish all rights to conduct any uses by special review available
only under Option 2.
shall-be-required-te-prepare a revised -Site Plan=fe€lec-ti:ng-the increas i
(gh) Development Option 1: Residential Development
(1)
(2)
Maximum Residential Density
(a) There shall be no more than two (2) principal single-family dwelling units and
two (2) caretaker dwelling units on the parcel per are ice' a • 3 '('
40(d)(2)within the CD-PUD; except if the orrparcels containsint. six hundred (600)
acres of land or more, there shall be no more than three (3) principal single family
dwelling units and two (2) caretaker dwelling units. An existing dwelling unit(s) may
remain- but shall count towards the maximum residential density, either as one of the
principal single 'family dwelling units or one of the caretaker dwelling units, and shall
also count towards the maximum ,floor area.
Maximum Floor Area
(a) The total combined maximum floor area of all principal sIngle-family
dwelling units within the CD-PUD designation area shall be limited to fifteen
thousand (15,000) square feet.
(b) Where codified Caucus limitations to final maximum floor area exist, said
limitation shall apply as the maximum, with no individual, or combination of two
or three principal structures single family dwelling units as applicable, exceeding
that limitation.
(c) Within the Frying Pan Caucus area, the final maximum floor area for principal
str-aerurcrsingle family dwelling units shall be limited to eight thousand (8,000)
Ordinance No. -2014
Page 29
square feet, with no more than four thousand (4,000) square feet contained within
one principal stRi t6tresinLle family dwelling.
(d) Up to two thousand, five hundred (2,500) square feet of floor area for accessory
structures (including barns and other agricultural buildings), and up to one
thousand (1,000) square feet of floor area for each caretaker dwelling unit is
allowed in addition to the final maximum floor area for principal ctructurrssi.ngle
family dwelling units. All agricultural floor area, including barns, shall be
considered to be "accessory" and shall count towards the limitation of two
thousand, five hundred (2,500) square feet of accessory floor area in Development
Option 1. Floor area for accessory structures and the caretaker dwelling unit(s)
may not be combined.
(3) Growth Management Quota System (GMQS)
Approval of a CD-PUD desi Development Plan under Development Option 1 shall
result in the creation of the following development rights on the property and the following
exemptions from the requirements of GMQS (see chapter 6), provided that all structures are
constructed in compliance with all applicable requirements of this Land Use Code:
(a) Eight thousand two hundred fifty (8,250) square feet of residential floor area for
principal strut single family dwelling units, except where final maximum floor
area limitations have been codified for specific Caucus areas, said maximums shall be
the maximum GMQS exemption for residential floor area for principal
3t.ructuressingle family dwelling uutis. On parcels containing less than six hundred
(600) acres, floor area may be divided between two (2) single family dwelling units
residential structiu-es-or used exclusively for one (1) resident-ial str-uett+rresuigle family
residence. On parcels containing six hundred (600) acres or more, floor area may be
divided between up to three (3) residential structure; single family dwelling units or
used exclusively for one (1)-t-idential snottitesiogte family dwelling unit.
(b) Within the Frying Pan Caucus area-speeihcally, eight thousand (8,000) square
feet of residential floor area for principal structures -single family dwelling units shall
be exempt from GMQS, though no one principal structure —single family dwelling unit
may contain more than four thousand (4,000) square feet of floor area. Growth
e-xtmk>t-laee arc t hat -is not-huiltas-pair Y ri neipal-structures)-na
(1) TD,R. p
(c) Two thousand five hundred (2,500) square feet of floor area for accessory
structures, including harnoagricultaral buildings. This allowance may not be
combined with the exemption in subsection (a) above to create larger principal
structures.
Ordinance No. -2014
Page 30
(d) One thousand (1,000) square feet of floor area for each caretaker dwelling unit.
Ifthere is one (1) e ssca n --single family dwelling unit, only one caretaker
unit is exempt from GMQS; if there are two (2) re sideutial-streeturessiugie family
dwelling units, two caretaker units may be exempt from GMQS. This allowance may
not be combined with the accessory structure exemption in subsection (c) above to
create larger accessory structures or caretaker dwelling units; nor may it be combined
with the exemption in subsection (a) or (b) above to create larger principal structures
single family dwelling units. No more than two (2) caretaker units shall be exempt
from GMQS.
(4) Transferable Development Rights (TDRs)
(a) TDRs from sending sites outside of the CD -ROD may not be purc-l. d -used
in the CD-PUD 4es• maunder Development Option 1 ern-o c-.
However, TDRs from within the CD-PUD desi-g radon may be used to increase the
final maximum floor area of the principal rtructuresingle family dwelling unit(s) from
the eight thousand two hundred fifty (8,250) square feet exempt '.from. GMQS up to a
total of fifteen thousand (15,000) square feet of gross floor area exempt from GMQS.
Where Caucus area limitations to final maximum floor area have been codified, the
Caucus area limitation shall apply as the maximum.
(-la) , TDR's shall not be used to exceed the final
maximum floor area of feteeight thousand (48,000) square feet for each f the t vo
(2) tor three (3)) ai1e 'cd principal structures, as-aereoge allows. I=1oxei . one-(1)
`F13P�ma•.` . ctct
feet.
() TDRs may be severed and sold from lauds located within the CD-PUD
d signation-under Development Option 1. TDRs available for sale shall be calculated
at one (1) TDR for each testy (20)thirty-five (351 acres included in the
dcaignationCCD—PPUD, but excluding the first one hundred sixty (160) acres that are
developed pursuant to the standards for Option 1.
(d) If the applicant chooses to limit the permitted principal structuresingle family
dwelling nnit(s) to less than the eight thousand two hundred fifty (8,250) square feet
that is exempt from GMQS, (or to less than the eight thousand (8,000) square feet that
is exempt from GMQS in the Frying Pan,) then the—per • e n ,e one
adtlidonar]-TDR per each two thousand five hundred (2,500) square feet -foot reduction
in the total floor area of the principal struc'uressinele family dwelling units may he
severed and sold.. For example, if the total floor area of the principal structures single
family dwelling units is limited to five thousand seven hundred fifty (5,750) square
feet, the CD-PUD property would have one (1) additional TDR to sever and sell. As
another example, if floor area is limited to three thousand two hundred and fifty
(3,250) square feet in one principal structure and the second (allowed) principal
Ordinance No. -2014
Page 31
structure was never built, the property would have two (2) ldditiana! TDR"s to sever
and sell.
(5) Vested Rights
ApprevrI ofa CD PLiD under Development Option 1 shall be granted vested property rights
pursuant to Sec. 2-20-170, but the vesting of rights :hall be for a period of twenty (20) years,
rather than three (3) _tears.
(6) Agricultural Property Tax Classification — Uses
A CD-PUD approved under Development Option 1 shall specify that the primary purpose of
ownership and use of all property in the CD-PUD is for residential purposes, and that all
improvements and uses of lands within the CD-PUD are associated with residential use of the
property. Any activities occurring on the property, or uses of the property that would cause
the properties to be classified as agricultural lands pursuant to Title 39, Colorado Revised
Statutes, are prohibited.
(lti) Development Option 2: Commercial Agricultural Development
If the Community Development Director verifies that a portion of the parcel included in the CD-
PUD application for CD PDR;iris currently operating legal commercial agricultural uses,
p ne then the property may be developed with additional commercial uses as set forth
below. In return for the availability of additional agricultural commercial uses, residential
development of the property shall be more limited than that allowed under Option 1.
(1) Additional Special Review Uses
(a) Additional Uses Available
In addition to those uses by special review listed in Sec. 3-70-40(c), if Development
Option 2 is chosen, the applicant may request that the Board of County
Commissioners approve any permitted or special review use listed in Table 4-1 that is
(i) consistent with the existing agricultural operations on the property, and (ii)
supports the continuing existence of the existing agricultural operation on the
property. Special review uses may be included in the application for approval by the
Board as part of the CD-PUD, or may be requested after approval of the CD-PUD
through the special review process in Sec. 2-40-20.
(b) Criteria for Approval of Special Review Uses
Applications for commercial agricultural support uses are reviewed on an individual
basis to determine the appropriateness of the proposed use and level of activity, and
shall only be approved if the Board of County Commissioners finds that the use: (i) is
consistent with the adopted Comprehensive Plan for Pitkin County; and (ii) is related
Ordinance No. -2014
Page 32
to, and will support the continued existence of, a commercial agricultural activity or
use currently existing on the property; and (iii) will not diminish the agricultural
and/or conservation resource value of the parcel; and (iv) is consistent with the stated
intent of the CD-PUD zone district; and (v) will occur at times and in frequencies that
will not impose significant adverse impacts on nearby residents.
(c) Annual Review
For the first five years following the approval of a CD-P13D/-tradeePeve ix-
',The BOCC may require the Applicant to submit a statement annually to the
ifv .Development Director attesting to the continu.ed conformance of fhe
special review use(s) to the conditions of approval. each -approval at-popnit issued -Tor'
the -Bear df County ''onRmissionerannua
'e and that it
;e criteria arc et for fw
to :inmial-rei=i
(2) Maximum Residential Density
s con
continues te-feeHhe
all applicable
rs, the special re',icv
continuerse-leiig-as-all
(a) There shall be no more than two (2) principal single-family dwelling units and
two (2) caretaker dwelling units per -on the parcel as-defineit c.t'-7-0
40{ (24with.in the CD-PUD; except on if the parcels containsi-nu six hundred (600)
acres of land or more, there shall be no more than three (3) principal single family
dwelling units and two (2) caretaker dwelling units. An existing dwelling unit(s) may
remain. but shall count towards the maximum residential density, either as one of the
principal single family dwellune units or one of the caretaker dwelling units, and shall
also count towards the maximum floor area.
(3) Maximum Floor Area
(a) Each of the two principal single-family dwelling units shall have a final
maximum floor area of five thousand seven hundred fifty (5,750) square feet. On
parcels eligible for up to three (3) principal single family dwelling units, the
combined final maximum floor area for said units shall not exceed eleven
thousand, five hundred (11,500) square feet; and no individual unit shall contain
more than five thousand seven hundred fifty (5,750) square feet of floor area.
Where codified Caucus limitations to final maximum floor area exist, the Caucus
area limitation shall apply as the maximum, with no individual, or combination of
two principal structures single family dwelling units exceeding the Caucus area
limitation.
Ordinance No. -2014
Page 33
(b) -Within the Frying Pan Caucus, the final maximum floor area for principal
structuressinale family dwelling units shall be limited to eight thousand (8,000)
square feet with no more than four thousand (4,000) square feet contained within
one principal single family dwelling unit.
(c) In addition to the final maximum floor area for the principal strueturesingle
family dwelling unit(s), each of the two caretaker dwelling units shall have a
maximum floor area of one thousand (1,000) square feet. If a legal caretaker
dwelling unit exists on the date the CD-PUD is approved, and if the Caretaker
Dwelling Unit is deed -restricted as stated in the affordable housing guidelines, the
floor area of the Caretaker Dwelling Unit may be increased to a maximum size of
one thousand (1,000) square feet. All barn floor area and floor area allowed for
special review uses shall be in addition to the final maximum floor area for the
principal ntructuressingie family dwelling unfits.
(d) Elam Agricultural building floor area shall be unlimited in Development Option 2
and shall be in addition to the 'final maximum floor area for the principal single
family dwelling units.
(e) The folio wi.ng floor area is allowed for approved special review uses:
160-200
201-300
Floor area f23r Special
Review Uses (sg it)
1,250
2.000
301-500
>500
3.000
5.000
(4) Growth Management Quota System (GMQS)
Approval of a CD-PUD designation under Development Option 2 shall result in the creation
of the following development rights on the property and the following exemptions from the
requirements of GMQS (see chapter 6), provided that all structures are constructed in
compliance with all applicable requirements of this Land Use Code:
(a) Five thousand seven hundred fifty (5,750) square feet of floor area for each of the
two (2) principal single-family dwellings. Eleven thousand, five hundred (11,500)
square feet of floor area divided between up to three principal single family dwelling
units on parcels containing six hundred (600) acres of land, or more. These
exemptions may not be combined to produce any principal single-family dwelling
with more than five thousand seven hundred fifty (5,750) square feet of floor area.
Where codified Caucus limitations to final maximum floor area exist, the Caucus area
limitation shall apply as the maximum growth management exemption for principal
structure -single family dwelling unit floor area, with no individual, or combination of
Ordinance No. -2014
Page 34
two principal structures -single family dwelling units exceeding the Caucus area
limitation.
(b) Within the Frying Pan Caucus, eight thousand (8,000) square feet of residential
floor area shall be the maximum GMQS exemption for principal at single
family dwelling units. No more than four thousand (4,000) square feet shall be
contained within one principal a tructuresingle family dwelling unit.
(c) One thousand (1,000) square feet of floor area for each of two (2) caretaker
dwelling units. These exemptions may not be combined to produce any caretaker
dwelling unit with more than one thousand (1,000) square feet of floor area. No more
than two caretaker units shall be exempt from GMQS.
(d) All has -agricultural building floor area.
(e) The follewi-ng-fFloor area for approved special review uses shall he exempt from
GMQS up to the maximums allowed in Sec. 3-70-400.1(31(e)s
Parcel Size (acres)
160-200
Floor areal exempt from
GMQS (sq ft)
1,250
201-300
2,000
301-500
3,000
>500
5,000
(5) Transferable Development Rights (TDRs)
(a) TDRs may be severed and sold from lands located within the CD-PUD
designationunderDevelopment Option 2. TDRs available for sale shall be calculated
at one (1) TDR for each t'n3 O thirty-five (35) acres included in the
Ie CD-PUD, but excluding the first one hundred sixty (160) acres that are
developed pursuant to the standards for Option 2.
eos .sue* ' t floor
area of the permitted principal single family dwelling unit(s) to less than the five
thousand seven hundred fifty (5,750) square feet that is exempt from GMQS, then
ser a;' one (1) additional TDR per each two thousand five
hundred (2,500) square feet reduction in the total floor area of the principal single
family dwelling unit(s) may be severed and sold. For example, if the total floor area
of one of the principal single family dwelling units is limited to three thousand two
hundred fifty (3,250) square feet, the CD-PUD property would have one (1)
Ordinance No. -2014
Page 35
TDR to sever and sell. As another example, if floor area was limited to
five thousand seven hundred and fifty feet (5,750) square feet in one principal
etruetursingle family dwelling unit and the second (allewed)-principal structure
single family dwelling unit was never built, the property would have two (2)
TDRs to sever and sell.
(c) In cxccptiot -case
induct nation w�
wildlife mid or \ -et
that c
(6) Vested Rights
e Board of Cow
er cal resources sue a ater rigl rr}in rats ar d ether
h ill be preser rprz ected 4 ripe i t' a e
Appro f a-G1 P-UD under Development Option 2 shall be granted vested property rights
pursuant to Sec. 2-20-170 =t11 for a period of twenty (20) years-
rather than three (3) years.
(ij) Covenant Regarding Conveyance of Structures
The applicant shallby covenant o.r other permanent commitment running with the land., guarantee
that in the event that multiple principal residet s-single family dwelling units and/or caretaker
dwelling units exist and/or are developed me within the CD-PUD, said re,idcuces and units
shall not be sold or otherwise conveyed or separated from the original parcel regardless of their
ultimate form of ownership.
(t)--Sunset Provri+en
Commissi
pur-Pese cl'the review
provision shall bc.rc
(See. 3 70 '10) as a whole, shall be reviccse
yeas froth Jeli-5006-en my 5
Ana (v,'ithin U e--CD POD pr viaio,n; or
VIII. AMEND SEC. 6-70: TRANSFERABLE DEVELOPMENT RIGHTS SYSTEM
6-70-10: GENERAL
f County
rise -ex
Ordinance No. -2014
Page 36
The Transferable Development Rights (TDR) System is used to move development rights from defined
"Sending Sites" to other defined "Receiving Sites" through private market purchase and sale transactions,
pursuant to the standards in this section. The TDR system is summarized in Table 6-12. Procedures for the
issuance of Certificates of Transferable Development Rights, and for the use of Transferable Development
Rights pursuant to this Land Use Code, are set forth in Table 2-1.
6-70-20: SENDING AND RECEIVING SITES
(a) Sending Sites
In addition to all other uses available, the following types of land shall have the right to sever
development rights, and to transfer those development rights to other areas pursuant to this section.
(1) Preservation Sites
Lots or parcels, or portions of lots or parcel, in the RR, TR-1, TR-2 zone districts that have
not previously used TDRs to remove development potential, and subject to the limitations
shown in Table 6-12.
(2) Conservation Development PUD (e4 pa4CD-PUB)
Lands within the Conservation Development PUD (CD-PUD) zone district that are not
developed pursuant to the Residential Development or Commercial Agricultural
Development Options.
(3) Constrained Sites:
Legally created lots or parcels that have been identified as Constrained Sites because the lot
or parcel is undevelopable or severely restricted pursuant to the Land Use Code, as
determined in the discretion of the Board of County Commissioners.
(4) Visually Constrained Sites
Legally created lots or parcels that have been identified as Visually Constrained Sites
because development would severely impact or destroy a scenic public view plane, as
determined in the discretion of the Board of County Commissioners.
(5) Limited Development Conservation SitesParcels
Conservation parcels on which limited development is proposed pursuant to Sec. 6-70-
40(a)(9); on which a conservation easement for limited development has been executed and
recorded; and which have received special review approval from the Board of County
Commissioners to sever transferable development rights.
Ordinance No. -2014
Page 37
(6) Properties Designated On to Pitkin County Historic Register
Properties that have received approval from the Board of County Commissioners to sever
development rights (TDRs) in conjunction with designation en -to the Pitkin County Historic
Register
Ordinance No. -2014
Page 38
TABLE 6-12: TDR Table
ZONE DISTRICT
_....
CAN A PROPERTY IN
THIS ZONE '
DISTRICT OR
DESIGNATION BE A
TDR SENDING SITE?
CAN A PROPERTY IN THIS ZONE DISTRICT BE A -.
TDR RECEIVING SITE?
IF YES, CAN IT BE USED TO INCREASE HOUSE
SIZE AND/OR TO CREATE A NEW DEVELOPMENT
RIGHT?
R/R
YES*
NO
RS-160
NO**
NO
RS-35
NO**
YES — to increase house size to max permitted
TR-1
YES*
NO
TR-2
YES*
YES — to increase house size up to 3,500 sq. ft., but only
with TDRs from a sending site within the TR-2 zone
district
AR-I0, RS-20, RS-30
NO**
YES —to increase house size to max permitted;
YES - to create a new development right (in the Aspen
UGB only)
AR-2
NO
YES — to increase house size to max permitted;
YES - to create a new development right (in the Aspen
UGB only)
R-6, R-15, R-30
NO
YES — to increase house size to max permitted;
YES - to create a new development right (in the Aspen
UGB only)
R-15A
NO
YES — to increase house size to max permitted
LIR
NO
YES — to increase house size to max permitted ONLY as
part of a Cluster Option Development
CD-PUD
YES
YES — to increase total gross square footage of all
structures to max permitted (in compliance with BOCC-
adopted Caucus floor area limitations, where such
limitations exist) ONLY as part of the Residential
Development Option and only with TDRs from within the
CD-PUD
RS-G, MHP, AH, AH-PUD,
B-1, B-2, VC, P-I, T, SKI-
REC, VR, I, PUB, AC/REC-2
NO
NO
Lots/Parcels in any Zone
District Other than RR, TR-1,
TR-2, VR, VC, SKI-REC,
MHP, AH, AH-PUD, RS-G,
B-1, B-2, P-I, T, PUB, I, U,
AC/REC-2 Determined to be
"Constrained Sites"
YES
NOT APPLICABLE
NOTES: In zone districts without FAR limits (RS-35, RS-30,
house size, the maximum size of the house after use of the
is based on Comprehensive Plan for different areas.
In zone districts with FAR limits (AR-2, R-30, R-15, R-15A,
size, the maximum allowable floor arca of the house shall
RS-20, and AR-10) where TDRs are available to increase
TDRs shall be the maximum size shown in Table 5-1, which
R-6, and VR) where TDRs are available to increase house
be limited by the applicable FAR, as shown in Table 5-
may not be used to exceed the maximum allowable floor
.;iza
1. If-the-F-Ai-Potintitsheusc-s€ukotow 5.a-50 sE?hart-TDRs
area bin t may be used to atFun the final maximum gross 'floor
house-s{ztk 250. then
area. if the-FA-R allow:-
-111DRs bz
1 acre and does not comply with the criteria specified in Sec. 6-70-40(a)(6).
as a Limited Development Conservation Parcel by Special Review
max nsad.
*Except where parcel is less than
**Except where parcel is designated
Ordinance No. -2014
Page 39
(b) Receiving Sites
In addition to all other uses available in the underlying zone, the following types of sites may receive
development rights that have been severed from other properties and transferred pursuant to this
section:
(1) Lots or Parcels without Development Rights in the Aspen. Urban. Growth Boundary
Where lots or parcels exist without development rights in the Urban Area -eras pant cAlan
apprc- n ation Development, TDRs may be used to create a new development right
for a single family dwelling on a legally created lot or traetparcelwithin the Aspen Urban.
Growth Boundary that does not currently have a development right to build a single family
dwelling and/or accessory structures with a combined floor area of up to the base maximum
size permitted by Table 5-1. Such per' a ay ocrtcd on a lot or parcel of
land -in theAspen Urban-Gre\ th-Boitudal Rural �kr-e*-tittt-only if
(2) Lots Liar Parcels Where a House Larger than the Base Floor Area Is Desired
Where the owner of a lot or parcel in the RS-35, RS-30, RS-20, AR-10, AR-2, R-30, R-15,
R-15A or R-6 zone districts desires to build a house larger than the base maximum house size
permissible under Table 5-1, a TDR may be used to increase the permitted floor area up to
the final maximum size specified in Table 5 lras;h b4 442. Use of TDRs for
additional floor area to increase house size above the base maximum outlined in Table 5-1
rnav be subject to special review approval. if required. i.n. Sec. 6-30-50(b). and shall be
reviewed through the Site Plan process.
(Code revised (all sections by Ord. 014-D-2006; § 6-70-20 amended (part) by Ord. 038-06, 12-06-06; Ord.
021-07, 07-24-07, Ord 024-09, 10-28-09)
6-70-30: NUMBER OF TDRS CREATED AND REQUIRED
(a) Sending Sites
This section describes how the number of TDRs available to be severed from Sending Sites is
calculated. If the Sending Site contains an existing dwelling unit or other primary structure, the total
acreage available for calculation of available TDRs under subsections (1) through (3) below shall be
reduced by the minimum lot size for a lot in that zone district. The remainder of the lot or parcel
does not need to be divided into individual lots or parcels, through subdivision, lot split, or
subdivision exemption, as a pre -requisite to severance and transfer.
(1) RR and TR-1 Zone Districts
In the RR and TR-1 zone districts, one TDR may be severed and sold for every thirty-five
(35) acres of each Sending Site, provided that fractions of TDRs shall not be considered. A
Ordinance No. -2014
Page 40
legally created lot or parcel less than thirty-five (35) acres in size may sever and sell one (1)
TDR. The transfer of less than one (1) TDR, or any fractional interest of less than a whole
number, is prohibited. The following chart illustrates the number of TDRs by size of the
Sending Site:
TABLE 6-13: TDRs Available
Acreage of Preservation Site
By Acreage
Number of TDRs
35 acres or less
1 TDR
60 acres
1 TDR
70 acres
2 TDRs
90 acres
2 TDRs
135 acres
3 TDRs
140 acres
4 TDRs
(2) TR-2 Zone District
TDRs may be severed and sold from lands within the TR-2 zone district k fl-at the rate of
one (1) TDR per ten (10) acres for properties as they were configured as of January 26th,
2005. A legally created lot or parcel less than ten (10) acres in size may sever and sell one
(1) TDR. The transfer of less than one (1) TDR, or any fractional interest of less than a
whole number, is prohibited.
(3) CD-PUD Zone district
TDRs may he severed and sold from ].ands within the CD-PUD zone district at the rate of one
(1) TDR per ram=';tom v z` thirty-five (35) acres, excluding a the first one hundred
sixty (160) acres that are developed pursuant to the standards for the Residential
Development or Commercial Agricultural Development Options.
(4) Constrained Sites
The Board may allow one (1) or more development rights to be severed and transferred from
a site, provided the site meets the criteria for Constrained Sites in Sec. 6-70-40(a)(7).
(5) Visually Constrained Sites
The Board may allow up -to -one (1) development right per existing unu
to be severed and transferred from a site, provided the site meets the
criteria for Visually Constrained Sites in Sec. 6-70-40(a)(8).
(6) Limited Development Conservation Parcels
Pro\ ided the aite meets the criteria — 1e a2n ` a n� arcs s rS e €r
70 '10 `ild at the rate of one (1) TDR per tcvent}° (20)thirtv-
iive (35) acres from-parccls c{tttaining six hundred-forty+64-0)-aeles;
Ordinance No. -2014
Page 41
TDR pet thirty five—C, as g n a d d-f (-
aejes r more. In calculating parcel size for purposes of determining number of potential
TDRs, thirty five (35) acres shall be deducted for each legal dwelling unit that exists on
properties containing less than six hundred forty (640) acres; and seventy (70) acres shall be
deducted for each legal dwelling unit that exists on properties containing six hundred forty
(640) acres of land, or more. If no dwelling units exist on the property, and the property was
legally created before June 12, 1978, the entire parcel acreage can be used for purposes of
determining number of potential TDRs.
(b) Receiving Sites
(1) When used to increase house size, one (1) TDR Certificate shall allow the purchaser in
an approved Receiving Site to expand the base floor area by up to two thousand five hundred
(2,500) square feet of floor area. A portion of the two thousand five hundred (2,500) square
feet of floor area associated with one (1) TDR may be reserved for future development on the
same site exempt from GMQS.
(2) When used to create a new development right on an approved Receiving Site where a
development right does not exist, one (1) TDR Certificate shall permit the purchaser to a
create a development right of up to two thousand five hundred (2,500) square feet of floor
area.
(Code revised (all sections by Ord. 014-D-2006; § 6-70-30 amended (part) by Ord. 038-06, 12-06-06; Ord.
021-07, 07-24-07)
6-70-40: CRITERIA FOR TDR TRANSFERS
(a) Criteria for Sending Sites
(1) Legally Created Lot or ttParcel
A Sending Site shall be a legally created lot or parcel.
(2) Eligible Sending AteaSites
A -Eligible Sending Sites are specified in Sec. 6-70-20(a). shall --lam;
sEligible T
e' oservati tn- xeel. TDRs may be severed and sold from land within
Eligible TDR Zone.; Sending Sites if the land is subject to a conservation easement granted to
Pitkin County in a form approved by the County after the 5th of July, 2006 but before the
TDRs have been certified provided the conservation easement specifically reserves the right
to certify TDRs. The County, in its discretion, may refuse acceptance of the conservation
easement. If the landowner seeking a TDR claims State or Federal Tax benefits for the
conservation easement, the landowner must declare any TDRs reserved as an amount
Ordinance No. -2014
Page 42
received for a bargain sale at their appraised value on IRS Form 8283 signed by the appraiser
and acknowledged by the County. TDRs reserved in a conservation easement may not be
certified until the County duly executes a deed -rest] ictionrestrictive covenant on the property,
and takes other action as may be necessary to rezone the property or to designate it as a
constrained lot in order to designate the property as a TDR sending site.
(3) Aggregation of Acreage
The acreage of all contiguous parcels in common ownership shall be aggregated for purposes
of calculating how many TDRs may be severed from the Sending Site.
(4) Restriction on Further Development
Upon severance of a TDR from a Sending Site, the owner of the Sending Site shall execute
and record a restrictive covenant on the parcel that acknowledges that the development right
has been severed from the parcels „a L * ' Ms and that all further development,
as that term is defined in Chapter 11. is prohibited. The form of deed restrieti nthe covenant
shall be approved by the County Attorney, and shall address (a) what types of activities not
involving structures or regular human occupancy may still be conducted upon the land
following transfer severance of the TDR, and (b) obligations regarding maintenance of the
land (including weed control and fence maintenance) following transfer severance of the
TDR.
(5) Criteria for Retaining Structure in RR Zone District
Notwithstanding the severance of TDR(s) from a lot or parcel in the RR zone district, one (1)
legally created structure up to one thousand (1,000) square feet in size may be retained,
subject to special review approval and the following additional standards and criteria:
(a) The structure must pre -date the re -zoning of the parcel to the RR zone district;
(b) The structure must be on a least thirty-five (35) acre parcel, or must be on a
legally created separate parcel that is substandard in size. Subdivision shall not be
permitted to create parcels less than thirty-five (35) acres in size;
(c) The structure must be deed restricted as Category or Resident -Occupied
employee housing as specified by the Board of County Commissioners;
(d) The preservation site must be restricted against all further development, as that
term is defined in Chapter 11, in a form acceptable to the County Attorney;
(e) The structure may never be expanded, and may on.l.v be replaced with a structure
of the same mass and bulk with no change to the existing footprint; and
(f) The structure may not be subdivided, separately conveyed or otherwise separated
from the underlying preservation site.
Ordinance No. -2014
Page 43
(6) Criteria for Transfer of TDR From a Lot or Parcel Containing Less Than One Acre
Within the RR, TR-1 or TR-2 Zone Districts
If an owner of a parcel of one (1) acre or less in the RR, TR-1 or TR-2 zone districts wishes
to be granted a TDR, the following criteria must be met and an administrative approval
granted pursuant to Sec. 2-30-20:
(a) The applicant must provide the legal description and proof of ownership of the
property and a site plan demonstrating that the following can be met:
(1) Required distances between the well location and the onsite wastewater
treatment system can be satisfied pursuant to the Pitkin County Environmental
Health and Natural Resources regulations;
(2) An onsite wastewater treatment system can be accommodated pursuant to
the Pitkin County Environmental Health and Natural Resources regulations;
(3) A footprint of one thousand (1,000) square feet for a structure can be
accommodated on the site without interference of subsections (1) and (2)
above;
(4) Legal access to the site exists;
(5) Any site with a septic tank must have access for a septic pump truck.
(7) Criteria for Constrained Site TDRs
(a) The lot or parcel shall be located in a zone district other than the RR, TR-1, TR-2,
VR, VC, SKI-REC, MHP, AH, AH-PUD, RS-G, B-1, B-2, P-I, T, PUB, I, U or
AC/REC-2 zone districts, and shall be undevelopable or severely restricted pursuant
to this Land Use Code. Both the availability of Constrained Site TDRs and the
amount of TDRs to be awarded, if any, are discretionary with the Board, and shall be
considered pursuant to Sec. 6-70-20(a)(3).
(b) The determination that a property is constrained pursuant to this section is merely
a procedure to allow the Board to consider granting a TDR(s) at the request of a
property owner, and shall not be considered a final decision as to the beneficial,
productive, and/or economically viable uses that may be available to the property.
(8) Criteria for Visually Constrained Site TDRs
(a) The lot or parcel shall be located in a zone district other than the RR, TR-1, TR-2,
VR, VC, SKI-REC, MHP, AH, AH-PUD, RS-G, B-1, B-2, P-I, T, PUB, I, U or
AC/REC-2 zone district, and shall be determined by the Community Development
Ordinance No. -2014
Page 44
Department to be visually constrained because development would severely impact or
destroy a Scenic View Protection Area, and the Board of County Commissioners
shall confirm that determination. The availability of a Visually Constrained Site
TDR(s) is discretionary with the Board, and shall be considered pursuant to Sec. 6-
70-20(a)(4).
(b) The determination that property is visually constrained pursuant to this section is
merely a procedure to allow the Board to consider granting one transferable
development right at the request of a property owner, and shall not be considered a
final decision as to the beneficial, productive, and/or economically viable uses that
may be available to the property.
(9) Criteria for Limited Development Conservation Parcels TDRS
If a property owner wishes to sever TDRs from a parcel on which no further development is
proposed (with the exception of development of one (1) deed restricted caretaker dwelling
unit; and -/or accessory agricultural buildings) the following criteria must be met, and a Board
of runty Centerissiornr&approval-granted-far'sigtnt 0-One-Step Review Procedures -and
Criteria for Approval forin addition to the Special Review 14''s criteria .in. Sec.
2-30-30(hrm ld�
(a) The parcel shall be located within the AR-10, RS-20,_RS-30, RS-35 or RS-160
zone districts.
(b) The parcel shall contain a minimum of 160 acres and be configured as it was on
December 6, 2006. All residential and accessory structures (with the exception of
agricultural buildings) must have existed on the subject property on or before
December 6, 2006. All adjacent parcels held in common ownership shall be included
for review.
c) If there is no existing development on the property then no further development
is allowed.
(d) If there is
he lim.iaed as fo
sting development on flee. property, then further development shall
s:
(1) An activity envelope and/or site plan shall be established for all existing
development on the property. The size and location of existing structures
shall be documented on the site plan.
(d') One existing dwelling unit on the parcel may expand up to a maximum
floor area of 5,750 square feet. (Floor area of accessory structures other than
agricultural buildings, shall be included in the total floor area allowance of five
thousand seven hundred fifty (5,750) square feet.) If a dwelling unit(s) of larger than
five thousand seven hundred 50 fifty (5,750) square feet exists, and/or if more than
Ordinance No. -2014
Page 45
one legal dwelling unit exists on the parcel, then the parcel shall be subject to the
replacement and/or non -conforming structure provisions of the Land Use Code.
i 3) Agricultural buildings shall rot count mare exempt from floor area, as
provided in Sec. 5-20-70(j). The location of proposed agricultural buildings
shall be established through the activity envelope and site plan process, unless
they are determined to be exempt pursuant to Sec. 7-10-30.
(4) One deed -restricted caretaker dwelling unit of up to one thousand (1,000)
square feet shall not count as floor area. Other accessory structures including
garages, shall count as floor area. Below grade space shall count as floor area.
(50 Neither Growth Management allotments, nor growth management
exemptions, including TDRs may be used on -site to increase floor area or to create a
new development right(s).
(6g) If a deed restricted dwelling unit does not already exist, development of
one (1) deed restricted caretaker dwelling unit may be requested and reviewed
concurrently with the ene efrspecial review for severance of TDRs on the property,
subject to the criteria in Secs. 4-30-50(e) and 6-30-4010. The location of the
proposed caretaker dwelling unit shall be established through the activity envelope
and site plan process.
(e) Parcels shall not be eligible to apply for any other new Special Review Uses.
WI) A conservation easement prohibiting further development of the property must
be approved by the County Attorney, executed and recorded prior to, or concurrent
with issuance of TDR Certificates. The following two exceptions to the prohibition
of further development may be made for properties with existing development.
1. An-ui4i}nite d-n ab r of new Agricultural Buildings may be built to
accommodate on -site agricultural operations subject to the provisions of Sec.
5-20-700)a- <-d-re tnetite_n(s)-pursuantte 5 20-_, 0(i-)(S} ofthtLand Use
Cede: and/or
2. One (1) deed restricted caretaker dwelling unit may be built. if there is a.
existina principal dwelling unit on the property.
(ji) TDRs may be severed from the property and transferred off -site to eligible
receiver sites based on the following criteria:
1. The parcel size shall be based upon a survey depicting the property and
adjacent parcels held in common ownership, both as configured on December
6, 2006.
Ordinance No. -2014
Page 46
2. For parcels six hundred forty (640) acres in size, or more: The number of
TDRs awarded shall be based on one (1) TDR/thirty-five (35) acres.
3. For parcels containing less than six hundred forty (640) acres: The number
of the TDRs awarded shall be one (1) TDR/twenty (20) acres.
4. In calculating parcel size for purposes of determining number of potential
TDRs, seventy (70) acres shall be deducted for each legal dwelling unit that
exists on properties containing six hundred forty (640) acres, or more: and
thirty five (35) acres shall be deducted for each legal dwelling unit that exists
on properties containing less than six hundred forty (640) acres of land. If no
dwelling units exist on the property, and the property was legally created
before June 12, 1978, and is not otherwise restricted against further
development, the entire parcel acreage can be used for purposes of
determining number of potential TDRs.
5. If the floor area of the principal structure on the property is limited in
perpetuity to less than five thousand, seven hundred fifty (5,750) square feet
of floor area, one (1) TDR may be awarded per twenty five hundred (2,500)
square feet of floor area reduction.
(11) Land use approvals on Limited Development Conservation Parcels shall be
granted vested property rights pursuant to Section 2-20-170, but the vesting of rights
shall be for a period of twenty (20) years, rather than three years.
(1k) Approval for an Activity Envelope or Site Plan on a Parcel shall remain in effect
until the end of the lapsing period according to provisions in Section 2-20-160, except
the approval shall lapse (i.e. expire) after a period of twenty (20) years and/or after a
period that coincides exactly with the vesting period granted.
(10) Criteria for Properties Designated on the Pitkin County Historic Register
Both the availability of historic register property TDRs and the amount of TDRs to be
awarded, if any, are discretionary with the Board, and shall be considered pursuant to Section
6-70-20(a)(6). In making a determination on how many TDRs to award, the Board of
County Commissioners shall consider the following factors:
(a) Community benefit associated with historic resource, including but not limited to
the following considerations:
(1) Value/importance of resource relative to overall County Historic
Inventory
(2) Accessibility to the public;
Ordinance No. -2014
Page 47
(3) Visibility to the public;
(4) Neighborhood/Caucus Master Plan identification of resource as valuable;
(5) Caucus recommendation regarding value of resource to Caucus area;
(6) Guarantee of long-term preservation of resource through a covenant,
development agreement, conservation easement or other instrument
acceptable to the Community Development Depaitinent and the County
Attorney.
(b) Cumulative Community impacts associated with the following discretionary
incentives in the event that one or more are issued by the BOCC for the property:
1. Growth Management Quota Exemption;
2. Subgrade space exemption from floor area calculation;
3. Exemption from affordable housing mitigation
requirements;
4. Density bonus of one additional house or intensity
bonus.
(c) Amount of incentive required to effect preservation of historic resource
(d) Likely development potential of the property based upon zoned density and
intensity, development of comparable properties in the neighborhood, physical
characteristics of the land, neighborhood compatibility, and extent to which
infrastructure could accommodate potential development.
(b) Criteria for Receiving Sites
Transferable development rights from any Sending Site in the County may be used on any Receiving
Site in the County except as limited by Table 6-12 and the provisions of this section.
Except as expressly authorized in this section, all development of the Receiving Site shall comply
with all requirements of the applicable zoning district regulations, except as may be varied by the
Board of Adjustment or by staff through the Administrative Modification procedures in Sec. 2-20-
10(c).
(1) When Used to Increase Base Maximum Floor Area:
Ordinance No. -2014
Page 48
(a) Regardless of the number of TDRs purchased, no structure on any Receiving Site
shall be permitted to exceed that maximum size for structures in the zone district
shown in Table 5-1.
(b) Additional floor area shall not be available to any Receiving Site where the
underlying zone district contains a floor area ratio restriction that would not permit
the square footage of floor area sought, or where a prior development approval
limited the square footage allowed, and there was no provision for the use of TDRs to
exceed the allowed square footage.
(2) When Used to Create a New Development Right
Transferable development rights from any Sending Site may be transferred to a
Receiving Site located within Aspen Urban Growth Boundary as set forth in Table 6-
12.
IX. AMEND SEC. 7-10-30: EXEMPT DEVELOPMENT ACTIVITIES
The following activities are exempt from Site Plan and Activity Envelope review fif the activities are in
compliance with the standards in Sectie+rs, 7-10-40 through 7-20-90 and are exempt from Scenic View
Protection Review pursuant to Sec. 7-20-120(c)., prey 4e-that t e specific-leve4 ont has-prevvausly
al cal a ,i „-tint ,u iririni_• Land
seportion.) of Chapter 7 is no -
following e<:empt-situatio14s eompli
(a) Agricultural operations that c r d r
(c)(a) The Community Development Director may exempt agricultural buildings of less than 4,060
square feet or greenhouses of less than 3,000 square feet from review, if the owner demonstrates
that (1) there is no construction in a Constrained Area; and (2) the agricultural building is sited
consistent with Sec. 7-20-120(e), Rural Character Guidelines for Building Locations; and (3) the
agricultural building is not visible from the rights -of -way designated in Sec. 7-20-120(b), or has
limited visual impact and the exterior and roof comply with Secs. 7-20-120(d)(I I) and (12); and
(4) the agricultural building maintains yard setbacks of at least one and a half times the required
yard setbacks specified in Sec. 5-10.
as ei=ildfFree- azard-shel riot-be-conSi4ere edetraiued-areas
Lb) The Community Development Director may exempt kremodeling, expansion or reconstruction
of any existing. legally created structure, provided there is no expansion or construction of a
structure into a Constrained Area.
(c) The Community Development Director may exempt construction of an accessory structure.
provided there is no construction in a Constrained Area.
Ordinance No. -2014
Page 49
d) The Community Development D rector may exempt temporary disturbance of land for
elopnient, including but not limited to, drilling of a welt, percolation test,ing.'test pits and
installation of utilities, and temporary access to accomplish these activities, provided there is no
development in a Constrained Area.
(e) Cleating. grading or grubbing of less than two hundred (200) square feet in area or earthmoving
of less than fifty (50) cubic yards.
(f) The Community Development Director may exempt installation of landscaping that does not.
include .removal of native vegetation, is not within Constrained Areas, and is limited in area and
scope such that the rural character of the County is not compromised as per Sec. 7-20-1.30.
(g) For the purpose of sub -sections (a) through (g) above -only, areas eatego'zed as low wildfire
hazard shall not be considered constrained areas.
Development activity not exceeding twenty thousand (20,000) dollars in construction costs, that
avoids or adequately mitigates Constrained Areas_
For the purposes ofa at:
eet sidered constfa-ned-areas.
all not be
Other activities exempted from the provision of one or more of the Sections of this Chapter shall be
exempted from the application of that Section, but shall be subject to standards in other Sections of
this Chapter from which they are not specifically exempt.
X. AMEND SEC. 7-10-50: SITE PLAN AND ACTIVITY ENVELOPE
(a) The intent of this Chapter 7 is to allow activities and development to take place where they
comply with the provisions of this Land Use Code and with the Pitkin County Comprehensive Plan
for the area. Compliance will generally involve avoidance of "Constrained Areas" through the
identification of an "Activity Envelope," as well as approval of a Site Plan. For purposes of Chapter
7, "Constrained Areas" include all areas included in each of the following categories, as defined and
regulated by this Land Use Code: (i) Areas of Statewide Interest listed in C.R.S. 24-65.1-101 et.
seq.), (ii) steep and potentially unstable slopes, (iii) water courses, drainage channels, and areas
subject to erosion, (iv) floodplain hazard areas, (v) geological hazard areas, (vi) severe or low to
moderate wildfire hazard areas, (vii) wildlife habitat areas, (viii) river and stream corridors and
wetlands (ix) irrigated lands for food or crop production, (x) historic preservation areas, and (xi)
archeological resource areas.
(b) The Site Plan process incorporates an "Activity Envelope" approach in which the County staff
works with the applicant to determine which portions of the site (if any) would permit the proposed
activity or development to be conducted in compliance with this Land Use Code and in conformity
with the Comprehensive Plan for the area. In general, this process will involve both a determination
of (i) which portions of the site are not available for development because of the existence of
Constrained Areas, and (ii) of the remaining portions of the site, which areas would accommodate
the activity or development so as to minimize impacts on surrounding properties, maximize
Ordinance No. -2014
Page 50
compliance with the requirements of the development standards in this Chapter 7, and maximize
compliance with the Comprehensive Plan goals and objectives.
(c) In general, the defined Activity Envelope for development of primary uses shall be large enough
to accommodate the proposed principal use of the property and traditional permitted accessory
structures, infrastructure (roads and septic systems), and uses, but should not be significantly larger
than the area needed for such structures. In the case of a site with few Constrained Areas, the
defined Activity Envelope may include more than one potential building site for a new single family
home. The defined Activity Envelope may include non-contiguous areas (including separate areas
for septic fields, landscaping, driveways to public roads, mitigation measures required in connection
with any provision of this Chapter 7, and/or areas to be disturbed only during construction on the
property — including staging areas and materials storage areas). Construction of trails will not
require an Activity Envelope analysis except as required by Sec. 7-20-50.
(d) Clearing, grading, or grubbing oftwo hundred (200) square feet or more in area, earthmoving
that exceedsof fifty (50) cubic yards or areater, or changes in the natural drainage of the site shall
occur only after an Activity Envelope has been defined and all applicable local, state and federal
peimits have been obtained. In addition, Site Plan Approval is required if these activities will occur
on a property within a Scenic View Protection Area and the development is not exempt pursuant to
Set. 7-20-120(c).
(e) Activity Envelope and Site Plan Review for a Stream Restoration Project shall adhere to all
development standards in 7-20-40 and 7-20-80 and shall be reviewed by the BOCC as set forth in
Table 2-1.
(f) Once an Activity Envelope has been defined, the natural grade, topography, vegetation and
drainage of areas outside the defined areas shall not be disturbed except as specifically permitted in
this Land Use Code. Prior to any development activity on the parcel, the boundaries of the Activity
Envelope shall be identified with construction fencing, and such fencing shall remain in place until
development has been completed.
(g) While it is preferable to obtain approval of an Activity Envelope as part of the Site Plan
approval process, applicants who are not prepared to submit a Site Plan for a specific structure may
request approval of an Activity Envelope separately. Prior to the issuance of a Development Permit,
the applicant shall be required to apply for and obtain approval of a Site Plan confirming that the
proposed development is consistent with the defined Activity Envelope and with other standards in
this Land Use Code not considered at the time the Activity Envelope was defined.
(h) The standards in this Chapter 7 shall be used (i) to identify the Activity Envelope on a property,
(ii) to review and approve the Site Plan for proposed development, and (iii) to regulate development
within the Activity Envelope pursuant to the Site Plan. Development Standards in this Chapter 7
which are to be reviewed as part of Activity Envelope and Site Plan review are set forth in Table 7-1
below.
(Code repealed and reenacted Ord. No. l4-D, 2006 - § 7-10-50 amended (part) Ord. 24-08, 07-23-08)
Ordinance No. -2014
Page 51
TABLE 7-1: Review Requirements for Activity
Envelope and Site Plan
Site Plan if no
prior approval of
Activity Envelope
Approval
Activity Envelope
if done prior to full
Site Plan review
Development Standard
Site Preparation and Grading
X
X
Steep and Potentially Unstable Slopes
X
X
Water Courses and Drainage Channels; Areas
x
X
Subject to Erosion
Floodplain Hazards
X
X
Geologic Hazards
X
X
Wildfire Hazards
X
X
Wildlife Habitat Areas
X
X
River and Stream Corridors and Wetlands
X
X
Irrigated Lands for Food or Crop Production
X
X
Historic Preservation
X
X
Archeological Resources
X
X
Scenic View Protection
X
Landscaping and Vegetation Protection
X
Lighting
X
Solar Access
X
Roads, Driveways, and Parking
X
Trails
X
Public Services and Utilities
X
Water Supply and Distribution Systems
X
Sewage Treatment and Collection
X
Signs
X
XL AMEND SEC. 7-20-120: SCENIC VIEW PROTECTION
Preservation of the character of Pitkin County requires careful attention to the visible impacts of proposed
development. In general, the standards of this Sec. 7-20-120 are designed to minimize the visual impact of
new development (including expansions to existing structures) when viewed from designated road corridors,
as well as to preserve the rural character of all Rural Areas of the county. Scenic View Protection Areas
shall be considered at the time of Site Plan approval and Building Permit issuance.
(a) Intent
The intent of this Sec. 7-20-120 is:
(I) To establish a Scenic View Protection Area that includes lands that are proximate to and
most visible from specific roads in the County, with specific concems for the areas that
constitute the visual entrance "image" and passage through Aspen and Pitkin County as well
as views of ridgelines from those roads.
Ordinance No. -2014
Page 52
(2) To maintain a natural ridgeline silhouette against the sky and to steer development away
from ridgelines and skylines throughout the County as viewed from public roadway
corridors.
(3) To insure that new development is designed and located to complement the natural
landscape and the natural features within the public viewplane in order to achieve an
aesthetically pleasing, rural atmosphere.
(4) To reduce visual damage to the natural landforms and views throughout the County.
(b) Applicability
(1) All areas shown on the County's Scenic View Protection Area maps, which are
maintained in the Community Development Department, shall comply with the standards of
subsection (d) below. The Scenic View Protection Area map includes scenic foreground
areas, public viewplanes, and ridgelines. The mapped areas are identified as viewed from the
following rights -of -way:
(a) State Highway 82;
(b) Brush Creek Road;
(c) Capitol Creek Road;
(d) Snowmass Creek Road;
(e) State Highway 133;
(f) Frying Pan Road;
(g) Castle Creek Road;
(h) Maroon Creek Road;
(i) West and East Sopris Creek Roads;
(j) Owl Creek Road;
(k) Upper and Lower River Roads;
(1) McLain Flats Road; and
(m) Woody Creek Road.
Ordinance No. -2014
Page 53
(n) Emma Road
(o) Coal Creek Road
(p) Thompson Creek Road (North, Middle, and South Forks);
(q) Watson Divide Road
(r) Prince Creek Road; and
(s) Lime Creek Road
(2) All development in the Rural Area shall be sited in consideration of the rural character
guidelines of subsection (e) below.
(c) Exemptions
These standards shall not apply to:
(1) Activity or development that is covered by a valid building permit.
(2) All interior remodels that do not change any outside visual aspect of the structure.
(3) Lots within platted subdivisions approved by the County, which have designated
Activity, Building or Development Envelopes, unless the terms of the approval require
ridgeline or scenic review prior to construction.
(4) Any proposed development for which the Community Development Director determines
that:
(a) The proposed development is not visible from those rights -of -way listed in
subsection (b) above; or
b) A proposed addition to or remodel of an existing structure or a proposed.
accessory structure has been located to minimize perceived mass when viewed from
those rights -of -way listed in subsection (b) above and has been placed so it does not
project above a ridgeline. The new or remodeled/expanded structure shall not
silhouette against the sky when viewed from those corridors listed in subsection (b.)=
or
(c) The development is exempt from Activity Envelope and Site Plan Review.
pursuant to See. 7-10-30(a), (b), (e), CO and (tr)_
(d) For purposes of this section, visible means that a structure or use is discernible to
the naked eye from the designated roadway.
Ordinance No. -2014
Page 54
(d) Standards for Development within Scenic View Protection Areas
All non-exempt development located within a mapped Scenic View Protection Area shall comply
with the following standards.
(1) The proposed development shall utilize existing topography and natural vegetation, such
as ridges, hills, and existing trees, to screen buildings to the maximum extent practicable
when viewed from those right-of-way listed in subsection (b) above.
(2) The proposed development shall avoid the location of structures within the Scenic View
Protection Areas, and shall avoid the location of structures within any Viewplane identified
in the State Highway 82 Corridor Master Plan and Down Valley Comprehensive Plan if
possible. If location outside the Scenic View Protection Area and defined Viewplanes is not
practicable, then the proposed development shall not be located on the highest ground or
most visible portion of any site as viewed from those corridors listed in subsection (b) above.
(3) The proposed development's height and bulk shall be designed to avoid, to the maximum
extent practicable, the visibility of buildings from those corridors listed in subsection (b)
above. This may include, but shall not be limited to, breaking the mass of the building down
into a series of smaller forms, articulation of the building facades to avoid a wall or row
effect, and staggering rooflines to avoid a long unbroken plane.
(4) The proposed structure shall be placed so it does not project above a ridgeline_ such that
a -The structure shall not silhouettes against the sky when viewed from those corridors listed
in subsection (b), unless there are no altemate building sites on the lot or parcel.
(5) The proposed development shall be designed to complement the natural topography of
the land through the use of techniques such as earth -sheltered design, the use of natural
materials and coloring, the use of low -reflectance materials, or clustering of structures on the
least visible portions of the site. When a building is proposed near a ridgeline, then its form
(particularly its roof form) shall replicate, parallel, or complement the natural form of the
ridgeline so that it appears to be an element of the natural ridgeline.
(6) The proposed development shall preserve natural vegetation and avoid development
within irrigated meadows, to the maximum extent practicable.
(7) The proposed development shall install utilities in locations and through procedures that
minimize visual impacts tothemaximum extent practicable.
(8) All satellite dishes in the proposed development shall be located to minimize visibility
from those rights -of -way listed in subsection (b), and shall use earth tone colors and/or
screening to minimize their visual impact.
(9) The proposed development shall not use earth moving and berms as the primary means
of compliance with these regulations, but earth moving may be utilized in conjunction with
Ordinance No. -2014
Page 55
other techniques to comply with standards in this section. Where earth moving techniques
are necessary, man-made font's should be undulating and natural in appearance.
(10) In the Rural Areas only, development shall be located so that activities and
development occur in at least one of the locations specified in subsection (f) as they may
apply to the particular property.
(11) Earth Tone Materials
The exterior of all development, except development located and designed in the form of a
ranch compound, shall be built or painted with indigenous earth tone materials or colors.
The exterior of a ranch compound should be built or painted with indigenous earth tone
materials, or shall be painted or stained using local, traditional ranch colors, which shall
include shades of red, brown, or white. Paints or stains that simulate weathered barn wood
also shall be permitted.
(12) Roofs
All roofs shall have a non -reflective color or composition. Reflective roof materials shall not
be used unless the materials are treated prior to installation to eliminate reflection, with the
exception of materials associated with solar or photovoltaic equipment.
(13) Revegetation of Disturbed Areas
Lands disturbed by earth moving or berms should be revegetated using native species that are
already growing on or near the site. Topsoil shall be stockpiled and placed on disturbed
areas. Irrigation shall be provided to the revegetated areas if it is necessary to ensure survival
of planted native species.
(14) Driveways Avoid Dividing Meadows and Pastures
To the maximum extent practicable, roads and driveways shall be located to skirt the edge of
and avoid dividing meadows and pastures and to avoid major road cuts. Roads and driveways
should take advantage of the screening potential of natural topography and existing
vegetation. Existing roads and driveways shall be used where practical. To enhance
screening, a row of trees may be planted along the roads or driveways. To the maximum
extent practicable, roads and driveways located around the edge of or in meadows shall be
laid out with soft, curving edges and shall avoid straight line corridors that are incongruous
with the natural setting.