HomeMy WebLinkAboutbocc.ord.025.2002 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN{PRIVATE}
COUNTY, COLORADO,AMENDING LAND USE CODE SECTIONS 3-310-030 AND 3-310-040
REGARDING THE TRANSFER OF DEVELOPMENT RIGHTS FROM A RURAL/REMOTE
PRESERVATION SITE TO A RECEIVER SITE LOCATED OUTSIDE OF THE
RURAL/REMOTE ZONE DISTRICT AND FROM A PRESERVATION SITE TO A RECEIVER
SITE LOCATED WITHIN THE RURAL/REMOTE ZONE DISTRICT
ORDINANCE NO.00'-2002
RECITALS
1. Capitol Creek Ranch Company and Robert Child("Applicant")have applied to the Board cf County
Commissioners of Pitkin County, Colorado("BOCC")to amend Section 3-310-030 of the Land Use Code to
accommodate use of the TDRs created from the Rural/Remote portion of the ranch on the proposed lots.
2. Staff has proposed additional amendments to Sections 3-310-030 and 3-310-040 regarding the transfer
of development rights.
3. The Pitkin County Planning and Zoning Commission considered the proposed code amendments at a
regularly scheduled meeting on July 16, 2002,and recommended approval by a vote of 5-0.
4. The BOCC considered the proposed code amendments at duly noticed public hearings on first reading
on August 14 and 28 and September 11, 2002,and voted to approve the proposed amendments on second
reading on September 25,2002.
5. 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 II of the
Pitkin County Code,the Land Use Code,as follows in Attachment A.
NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 3rd day of
August,2002.
INTRODUCED AND FIRST READ AT PUBLIC HEARINGS on the 14th and 28th days of
August and the 1 1 th day of September, 2002.
2002. APPROVED AND ADOPTED AFTER SECOND READING on the 25th day of September,
2002. PUBLISHED AFTER ADOPTION in the Aspen Times Weekly on the �(tday of
THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION
FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS.
Ordinance No.(4`f-2002
Page 2
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
By l i C - d
;AAS T: Patti Kay-Clap er,ChairDate (G —2 I -C'ZCler to the BOCC
.r1�
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely, omey Cindy Houben,
Community Development Director
ATTACHMENT A
Amendments to Land Use Code Sections 3-310-030 and 3-310-040
Section 3-310-030 Standards and Criteria for the Transfer of Development Rights from a
Rural/Remote Preservation Site to a Receiver Site Located Outside of the Rural/Remote Zone
District
A. Transfer of Development Rights Requires Approval by Special Review: The
transfer of development rights from a preservation site to a receiver site which is not located in
the Rural/Remote Zone District may require special review approval and shall be subject to
each and every requirement of the Code, except as expressly provided for in this section.
B. TDRs May be Severed from Preservation Sites for Use Outside the
Rural/Remote Zone District for Additional Floor Area and New Development Rights for
Residential Development: Upon compliance with all of the provisions of this section, TDRs may
be used on receiver sites for:
1. Additional Floor Area up to or in excess of 15,000 square feet: Based on the
standards and criteria of this section, TDRs may be severed from preservation sites and
transferred to receiver sites located outside of the Rural/Remote Zone District to obtain
additional floor area for residential development, except where there is an underlying floor area
ratio that limits the allowed square footage and/or a development approval that limits the square
footage allowed and does not provide for the use of TDRs;
2. New Development Rights. Based on the standards and criteria of this section,
TDRs may be severed from preservation sites and transferred to Receiver Sites located outside
of the Rural/Remote Zone District to avoid growth management competition to create a new
development right for new residential structures and/or accessory structures up to 5,750 square
feet.
C. Standards and Criteria for the Use of TDRs for Additional Floor Area on Receiver
Sites Outside of the Rural/Remote Zone District:
1. TDRs may be used to avoid growth management competition and obtain
additional floor area up to 15,000 square feet as follows:
a. One TDR = 2,500 square feet of floor area. Subject to all necessary procedures
and approvals, one TDR shall be associated with a total of 2,500 square feet of floor area for
additional floor area up to 15,000 square feet of floor area.
b. Total Floor Area Reserved. A portion of the 2,500 square feet of floor area
associated with one TDR may be reserved for future development on the same site exempt
from growth management.
C. Transferable development rights from any preservation site in unincorporated
Pitkin County may be used on any receiver site in unincorporated Pitkin County for additional
floor area up to 15,000 square feet of floor area.
2. TDRs may be used to obtain additional floor area in excess of 15,000 square
feet of floor area as follows:
Ordinance Noa;�5/2002
Attachment A—Page 2
a. One TDR = 2,500 square feet of floor area. Subject to all necessary procedures
and approvals, one TDR shall be associated with a total of 2,500 square feet of floor area for
additional floor area in excess of 15,000 square feet of floor area.
b. Total Floor Area Reserved. A portion of the 2,500 square feet of floor area
associated with one TDR may be reserved for future development on the same site exempt
from growth management.
C. Transferable development rights from any preservation site within the Rural Area
may be transferred to a receiver site located within Urban Growth Boundary areas or within the
same planning area where the preservation site is located (ie. Snowmass/Capitol Creek,
Woody Creek, Independence, or Maroon/Castle Creek). Transferable development rights from
a preservation site located within the Crystal or Fryingpan River areas may be transferred to a
receiver site within the Rural Area or within the same planning area where the preservation site
is located.
3. Additional floor area shall not be available to any receiver site where:
a. The underlying zone district contains a floor area ratio restriction that would not
permit the square footage of floor area sought; and/or
b. 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.
D. Standards and Criteria for the Use of TDRs for New Development Rights: TDRs
may be used to avoid growth management competition and create a new development right for
new residential structures and/or accessory structures up to 5,750 square feet of floor area as
follows:
1. One TDR = 5,750 square feet of floor area. Subject to all necessary procedures
and approvals, one TDR shall be associated with a total of 5,750 square feet of floor area for a
new development right. Additional floor area beyond 5,750 square feet may be acquired
exempt from growth management competition through the use of TDRs as provided in Section
3-310-030(C).
2. Total Floor Area Reserved. A portion of the 5,750 square feet of floor area
associated with one TDR may be reserved for future development on the same site exempt
from growth management.
3. Transferable development rights from any preservation site within the Rural Area
may be transferred to a receiver site located within Urban Growth Boundary areas or within the
same planning area where the preservation site is located (ie. Snowmass/Capitol Creek,
Woody Creek, Independence, or Maroon/Castle Creek). Transferable development rights from
a preservation site located within the Crystal or Fryingpan River areas may be transferred to a
receiver site within the Rural Area or within the same planning area where the preservation site
is located.
4. A receiver site for a new development right shall not be eligible for 5,750 square
feet of floor area, if the underlying zone district contains a floor area ratio restriction that would
limit the receiver site to less than 5,750 square feet of floor area.
3-310-40 Standards and Criteria for Transfer of Development Rights from a Preservation
Site to a Receiver Site Located Within the Rural/Remote Zone District
L/
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Ordinance No.4;L!5-2002
Attachment A—Page 3
A. Transfer of Development Rights Requires Approval by Special Review: The
transfer of development rights from a preservation site to a receiver site located within the
Rural/Remote Zone District shall be approved by special review pursuant to the standards and
criteria of this Section, Subsection 3-210-010 and shall be subject to each and every
requirement of the Pitkin County Land Use Code.
B. TDRs May be Severed from Preservation Sites for Use Within the Rural/Remote
Zone District for New Development Rights: Based on the standards and criteria of this section
and special review pursuant to Subsection 3-210-010, TDRs may be severed from preservation
sites and transferred to receiver sites located within the Rural/Remote Zone District to avoid
growth management competition to create a new development right for new residential
structures and/or accessory structures up to 1,000 square feet. A TDR may be severed from a
preservation site that is less than thirty-five (35) acres in size, provided that it was legally
created, to create a new development right for a receiver site within the Rural/Remote District.
C. Preservation and Receiver Sites Must Be Located Within Same Planning Area:
Preservation sites must be located within the same planning area where the receiver site
proposed for the GMQS exemption is located. The planning areas are defined by Ordinances
No. 94-16, No. 95-24, No. 99-13 and are known as: the Little Annie/Richmond Hill planning
area; the Maroon/Castle planning area; the Independence/Lincoln planning area; the Woody
Creek/Hunter Creek planning area; the Fryingpan planning area; and a portion of the White
River National Forest Maroon Bells-Snowmass wilderness area and the area surrounding the
confluence of the Bulldog and Avalanche Creeks, including a 40+ acre parcel comprised of the
Amazon Lode, the Anderson Lode, the Bunker Hill Lode and the Mascott Lode Mining Claims
planning area.
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