HomeMy WebLinkAboutbocc.ord.036.2023AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO ADOPTING TEXT AMENDMENTS TO THE 2006 PITKIN
COUNTY LAND USE CODE, TITLE 8 OF THE PITKIN COUNTY CODE
• CREATING SECTION 3-40-170, BC-0 (BRUSH CREEK MASTER PLAN AREA
OVERLAY ZONE DISTRICT; SECTION 3-40-180, E-O (EMMA MASTER PLAN
AREA OVERLAY ZONE DISTRICT); SECTION 3-40-190, VCLS-O (VALLEYS
OF CAPITOL CREEK AND LOWER SNOWMASS CREEK MASTER PLAN
AREA OVERLAY ZONE DISTRICT); AND SECTION 3-40-160, BUGB-O
(BASALT URBAN GROWTH BOUNDARY OVERLAY ZONE DISTRICT);
• AMENDING SECTION 3-20-20 TO ESTABLISH THE BASALT URBAN
GROWTH BOUNDARY AND ASPEN URBAN GROWTH BOUNDARY MAPS;
AND
• AMENDING SECTIONS 3-70-40, TABLE 5-1.A, TABLE 5-1.B, 6-50-20, AND
TABLE 6-12 TO IMPLEMENT A 9,250 SQUARE FOOT FINAL MAXIMUM
FLOOR AREA LIMITATION COUNTY -WIDE
ORDINANCE No. 036-2023
RECITALS
1. Pursuant to 30-35-301 C.R.S., the Board of County Commissioners ("BOCC") of Pitkin
County, a home rule county, is authorized to make and publish ordinances for carrying into
effect or discharging the powers and duties conferred upon such counties by law and as seems
necessary.
2. Pursuant to Section 2.8.1 of the Home Rule Charter ("HRC"), the BOCC is authorized to take
official action by Ordinance for certain matters where action is prescribed pursuant to the
Colorado Revised Statutes as amended.
3. The Pitkin County Community Development Department has proposed Land Use Code Text
Amendments to create Overlay Zone Districts, as follows:
A. Land Use Code Text Amendment to create Section 3-40-170 Brush Creek Master Plan
Area Overlay Zone District (`BC-O") to implement recommendations of the 2022 Brush
Creek Master Plan to limit the final maximum floor area for residential development
within the Brush Creek Master Plan Area to 5,750 square feet.
B. Land Use Code Text Amendment to create the Section 3-40-180 Emma Master Plan Area
Overlay Zone District ("E-O") to implement the recommendation of the 2016 Emma
Master Plan to limit the final maximum floor area for residential development within the
Emma Master Plan Area to 8,250 square feet.
Ordinance No. 036-2023
Page 2
C. Land Use Code Text Amendment to create the Section 3-40-190 Valleys of Capitol
Creek and Lower Snowmass Creek Master Plan Area Overlay Zone District ("VCLS-O")
to implement certain recommendations of the 2023 Valleys of Capitol Creek and Lower
Snowmass Creek Master Plan to limit the final maximum floor area for residential
development within the Valleys of Capitol Creek and Lower Snowmass Creek Master
Plan Area to 5,750 square feet.
D. Land Use Code Text Amendment to create the Section 3-40-160 Basalt Urban Growth
Boundary Overlay Zone District (`BUGB-O") to limit the final maximum floor area for
residential development within the unincorporated area within the Basalt Urban Growth
Boundary to 5,750 square feet.
4. The Pitkin County Community Development Depattnient has also proposed Land Use Code
Text Amendments to amend the final maximum floor area in unincorporated Pitkin County to
9,250 square feet, unless an area is subject to a more restrictive zone district standard or overlay
zone district.
5. The Pitkin County Planning and Zoning Commission considered the proposed amendments at a
regularly scheduled meeting on October 17, 2023, and recommended approval of the
amendments and certified the zoning plan to the BOCC by a vote of 5-1-1, pursuant to
Resolution No. PZ-006-2023.
6. The BOCC considered and approved the Ordinance on first reading at a public meeting on
October 25, 2023. The BOCC adopted the Ordinance on second reading at a duly noticed
public hearing on November 15, 2023.
7. The BOCC finds that the proposed text amendments to create Overlay Zone Districts are
consistent with Sections 2-30-40(i) and 2-40-10(c) of the Pitkin County Land Use Code
("Code"), the Land Use Policies in the Code, the applicable Master Plan and the Pitkin County
Comprehensive Plan, as follows:
A. The Brush Creek Master Plan Area Overlay Zone District (`BC-O") is supported by and is
intended to implement the Brush Creek Master Plan's objective under 1.3 for Growth
Management/House Size: "Maintain the rural character of the Brush Creek Valley by
encouraging lower density, conservation -oriented and planned unit development, while
acknowledging that larger lots and homes, which are not visible from Brush Creek Road,
are part of its character." Additionally, the first action item under this objective reads, "To
address, among other things, water capacity issues, including but not limited to the IBC
requirement to provide fire protection sprinkler systems for homes exceeding 5,000 square
feet, limit house size to 5,750 square feet and prohibit the use of transferable development
rights to increase house size."
B. The Emma Master Plan Area Overlay Zone District ("E-O") is supported by and is
intended to implement the Emma Master Plan's objective under 1.2 for Residential
Development Goal: "It is the goal of this master plan, in keeping with the Caucus opinion
survey, that all future residential development in the Emma Caucus Area be consistent
with and complimentary to the rural character of the area. The natural environment
Ordinance No. 036-2023
Page 3
should dominate a person's experience of the area. To achieve this and sustain the
viability of our year-round resident occupied community, we strongly recommend
extremely low density, single-family residential housing of moderate size and bulk."
Additionally, the first implementation measure under this objective reads, "The Caucus
strongly supports the existing house size (floor area) limitation of 5,750 square feet (as
"floor area" is defined in the Land Use Code). Under exceptional circumstances, floor
area in the Caucus area may be increased to a maximum of 8,250 square feet through the
use of one TDR or through growth management competition...." The E-O furthers the
final maximum floor area limitation that is codified in Land Use Code Chapter 5, Table
5-1.A Note 11, which states: "In the Emma Caucus area, the final maximum floor area
shall be 8,250 square feet."
C. The Valleys of Capitol Creek and Lower Snowmass Creek Master Plan Area Overlay
Zone District ("VCLS-O") is supported by and is intended to implement the Valleys of
Capitol Creek and Lower Snowmass Creek Master Plan's objective under Section IV for
Residential Development: "All residential development in the Snowmass-Capitol Creek
Caucus area should be consistent with and complimentary to the rural character of the
area. The natural environment should dominate a person's experience of the valley. To
this end, our caucus strongly advocates that single-family residential housing be of
moderate size and bulk and are compatible with the size of lots on which they are built."
Additionally, the first implementation measure under this objective reads, "With respect
to Transferable Development Rights (TDRs), the Snowmass-Capitol Creek Caucus
supports the creation and export of TDRs from the Caucus area. We do not support the
use of TDRs generated within or outside of the Caucus area to increase house size above
5,750 square feet."
D. The Basalt Urban Growth Boundary Overlay Zone District (`BUGB-O") is established to
support and maintain the transition between urban areas and rural character within the
County. The BUGB-O further the final maximum floor area limitation that is codified in
Chapter 5, Table 5-1, Note 11, which states, "...within the Basalt Urban Growth
Boundary, the final maximum floor area shall be 5,750 square feet."
8. The BOCC further finds that the proposed text amendments to reduce the final maximum floor
area from 15,000 square feet to 9,250 square feet County -wide, unless subject to a more
restrictive zone district standard or overlay zone district, are consistent with the Pitkin County
Comprehensive Plan, Sections 2-30-40(i) and 2-40-10(c) of the Code, and the Land Use
Policies in the Code, as follows:
A. It advances the welfare of the community and the dominant policy of the county as stated
in the Section 1-60-30, Community Balance, "to conserve and protect from further
degradation the present natural environment and its resources."
B. It is supported by and is intended to implement the Pitkin County Comprehensive Plan,
which supports enactment of further limitations on final maximum floor area as a means
to address climate action and preservation of rural character.
C. It addresses the BOCC's Declaration of a Climate Emergency (BOCC Resolution No.
042-2021), which established Climate Action goals to reduce annual emissions by 90%
Ordinance No. 036-2023
Page 4
from 2019 levels by 2050 and require all new residential development be net zero by
2030.
D. It addresses the BOCC's vision to address increasing impacts from growth and
development on the community: Utilize growth management and the Land Use Code
(LUC) to meet our climate action goals while creating an equitable, sustainable and
resilient regional quality of life and economy for the future.
E. The BOCC identified the Land Use Code as a tool to "meet our climate action goals
while creating an equitable, sustainable and resilient regional quality of life and economy
for the future."
F. The Community Growth Advisory Committee ("CGAC"), convened by the BOCC,
approved a Final Report of Recommendations on May 17, 2023. One of the
recommendations, among many, from the report is to "Implement a square footage cap of
8,750 in unincorporated Pitkin County and 9,250 in the UGB (unless caucus or allowable
floor area designates smaller)."
9. The provisions of this Ordinance shall apply to all development of a new, or redevelopment of
an existing, residential structure, requiring a building permit, including all new structures, any
remodeled structures, any additions to existing structures and any replacement structures,
unless specifically exempted by a provision of this Land Use Code.
10. The provisions of this Ordinance shall not apply to:
A. Development applications submitted on or before November 15, 2023, and determined by
the Community Development Department to be complete, pursuant to Sec. 2-20-70.
B. Site Specific Development Plans of the kind and type specifically enumerated and
identified in PCLUC, Sec. 2-20-170 vested beyond the effective date of this Ordinance,
which specifically identify, in the underlying development permit/approval, a floor area
that exceeds the final maximum floor area set forth in the Ordinance, subject to the
following:
1) The definition of floor area in effect at time of building permit shall apply as a rule of
general applicability;
2) If no floor area was specifically identified in the development permit for the Site
Specific Development Plan, the final maximum floor area adopted in this Ordinance,
or any amendment thereto, applies to the property; and
3) Upon the expiration of the vesting period identified in the development
permit/approval, the final maximum floor area adopted in this Ordinance, or any
amendment thereto, shall be fully applicable to the property.
Ordinance No. 036-2023
Page 5
C. Unexpired GMQS Allotments Awarded Prior to May 13, 2020
1) If the property owner can demonstrate that the commitments made in the application
for the allotment have been satisfied, then the property in issue shall be allowed to
develop up to the floor area set forth in the development permit, provided that the
definition of floor area in effect at time of building permit shall apply as a rule of
general applicability.
2) If the development allotment is associated with a Site Specific Development Plan
approval that is statutorily vested, then `B" above shall apply.
11. The BOCC finds that adoption of this Ordinance is necessary for the immediate preservation
of the public health, safety and welfare of the citizens of Pitkin County and, therefore,
declares this Ordinance to be effective immediately upon adoption.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Pitkin County, Colorado that it hereby adopts the following text amendments to the 2006 Pitkin
County Land Use Code, Title 8 of the Pitkin County Code, and authorizes the Chair or the
Chair's designee to sign the Ordinance and upon the satisfaction of the County Attorney as to
form, execute any other associated documents necessary to complete this matter.
1. Create Section 3-40-170, BC-0 for Brush Creek Master Plan Area Overlay Zone District
attached hereto as Exhibit A.
2. Create Section 3-40-180, E-O for Emma Master Plan Overlay Zone District attached hereto
as Exhibit B.
3. Create Section 3-40-190, VCLS-O for Valleys of Capitol Creek and Lower Snowmass Creek
Master Plan Overlay Zone District attached hereto as Exhibit C.
4. Create Section 3-40-160, BUGB-O for the Basalt Urban Growth Boundary Overlay Zone
District attached hereto as Exhibit D.
5. Amend Section 3-20-20: Urban and Rural Areas to include the current Basalt Urban Growth
Boundary and the current Aspen Urban Growth Boundary (as specified in the West of
Maroon Creek Master Plan) in Figure 3-1: Map Of Urban Growth Boundary Areas Within
Pitkin County, attached hereto as Exhibit F.
6. Amend the following sections of the Land Use Code to implement a final maximum floor
area of 9,250 square feet for all lands within unincorporated Pitkin County, unless subject to
a more restrictive zone district standard or overlay zone district:
A. Amend Section 3-70-40: CD-PUD (Conservation Development PUD) to include the
Overlay Zone Districts and the 9,250 square foot final maximum floor area, attached
hereto in Exhibit G.
B. Amend Table 5-1.A: Dimensional Requirements for Rural and Conservation Zone
Districts to establish the 9,250 square foot final maximum floor area and update Note 11
to include the Overlay Zone Districts, attached hereto in Exhibit H.
Ordinance No. 036-2023
Page 6
C. Amend Table 5-1.B: Dimensional Requirements Urban/Suburban Residential Zone
Districts Other Than Affordable Housing Districts to establish the 9,250 square foot final
maximum floor area, attached hereto in Exhibit I.
D. Amend Section 6-50-20: Standards For Scoring Applications For Residential Allotments,
Table 6-6 Points Schedule for Reduction of Visible Mass - Final Maximum Floor Area,
to adjust the percentage reductions required to score points, attached hereto in Exhibit J.
E. Amend Table 6-12: TDR Table to include the Overlay Zone District final maximum floor
area limitations, attached hereto in Exhibit K.
INTRODUCED ON FIRST READING ON THE 25TH DAY OF OCTOBER, 2023.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN DAILY NEWS ON THE 26TH DAY OF
OCTOBER, 2023.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED
ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE
2ND DAY OF NOVEMBER, 2023.
APPROVED AND ADOPTED ON SECOND READING AT A PUBLIC HEARING ON THE
15TH DAY OF NOVEMBER, 2023.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
DAILY NEWS ON THE 23RD DAY OF NOVEMBER, 2023.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincounty.com) ON THE 16TH DAY OF NOVEMBER, 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Soh 'emu& Fratn.Git- jg kr
Sam Engen Francie Jacober,
Deputy Clerk Chair
Dec-11-2023
Date:
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Richard Y. Neiley III
Asst. County Attorney
SuijavuA,t, (Pb(.ff
Suzanne Wolff,
Community Development Director
Ordinance No. 036-2023
Page 7
Exhibits:
A. Sec 3-40-170 Brush Creek Master Plan Area Overlay Text Amendment
B. Sec 3-40-180 Emma Master Plan Area Overlay Text Amendment
C. Sec 3-40-190 Valleys of Capitol Creek and Lower Snowmass Creek Master Plan Area
Overlay Text Amendment
D. Sec 3-40-160 Basalt UGB Overlay Text Amendment
E. NOT USED
F. Sec 3-20-20, Figure 3-1
G. Sec 3-70-40, CD-PUD Zone District
H. Table 5-1.A, Dimensional Requirements Rural Zones
I. Table 5-1.B, Dimensional Requirements Urban/Suburban Residential Zone Districts
Other than Affordable Housing Districts
J. Sec 6-50-20, Standards for Scoring Applications for Residential Allotments
K. Table 6-12, TDR Table
EXHIBIT A
3-40-170: BC-0 (BRUSH CREEK MASTER PLAN AREA OVERLAY) ZONE DISTRICT
(a) Intent
The BC-0 (Brush Creek Master Plan Area Overlay) zone district is intended to implement the
recommendations of the Brush Creek Master Plan. A fundamental objective of the Master Plan is
to preserve the rural character and maintain existing land use patterns to protect the natural
landscape.
The Brush Creek Master Plan recommends that the final maximum floor area for residential
development is 5,750 square feet; and does not support the use of TDRs to increase the house
size above 5,750 square feet. The intent of the BC-0 zone district is to implement a final
maximum floor area limitation of 5,750 square feet for residential development to ensure that
new residences which are built in Brush Creek are of moderate size and are compatible in
character with surrounding development.
(b) Location Criteria
The BC-0 zone district shall apply to all lands within the boundaries of the Brush Creek Master
Plan Area. As an overlay district, the BC-0 zone district applies in addition to any underlying
zone district applied to the property. In the case of a conflict between the provisions of the BC-0
zone district and the provisions of any underlying zone district the more restrictive standards
shall apply.
(c) Final Maximum Floor Area
The final maximum floor area for all residential development on any lot or parcel zoned BC-0 in
the Brush Creek Master Plan Area shall be 5,750 square feet, as set forth in Note 11 in Table 5-
1.A of this Land Use Code. In the case of a conflict between the provisions of the BC-0 zone
district and the provisions of any underlying zone district the more restrictive standards shall
apply.
(d) Receiving Sites for Transferable Development Rights (TDRs)
Transferable development rights shall not be landed on any lot or parcel zoned BC-0 in the
Brush Creek Master Plan Area to obtain an exemption from GMQS for any floor area beyond the
final maximum floor area of 5,750 square feet.
(e) Growth Management Quota System (GMQS)
Lands in the BC-0 zone district in the Brush Creek Master Plan Area are subject to the GMQS.
However, a GMQS allotment shall not be utilized to exceed the final maximum floor area of
5,750 square feet for the BC-0 zone district.
EXHIBIT B
3-40-180: E-O (EMMA MASTER PLAN AREA OVERLAY) ZONE DISTRICT
(a) Intent
The E-O (Emma Master Plan Area Overlay) zone district is intended to implement the
recommendations of the Emma Master Plan. The established vision for Emma in the Master Plan
is to preserve traditional agricultural operations; protect the natural environment; and maintain
low -density residential development that compliments the rural character of the Emma Master
Plan Area.
The Emma Master Plan supports a base maximum floor area of 5,750 square feet for residential
development that may only be increased to the final maximum floor area of 8,250 square feet
"under exceptional circumstances" as determined through special review to utilize one TDR or
through growth management competition. The intent of the E-O zone district is to implement a
final maximum floor area limitation of 8,250 square feet for residential development under
circumstances that ensure that new residences built in the Emma Master Plan Area are of
moderate size and are compatible in character with surrounding development.
(b) Location Criteria
The E-O zone district shall apply to all lands within the boundaries of the Emma Master Plan
Area. As an overlay district, the E-O zone district applies in addition to any underlying zone
district applied to the property. In the case of a conflict between the provisions of the E-O zone
district and the provisions of any underlying zone district, the more restrictive standards shall
apply.
(c) Final Maximum Floor Area
The final maximum floor area for all residential development in the Emma Master Plan Area on
any lot or parcel zoned E-O shall be 8,250 square feet, as set forth in Note 11 in Table 5-1.A of
this Land Use Code. In the case of a conflict between the provisions of the E-O zone district and
the provisions of any underlying zone district, the more restrictive standards shall apply.
(d) Receiving Sites for Transferable Development Rights (TDRs)
Transferable Development Rights shall not be landed on any lot or parcel zoned E-O in the
Emma Master Plan Area to obtain an exemption from GMQS for any floor area beyond the final
maximum floor area of 8,250 square feet.
(e) Growth Management Quota System (GMQS)
Lands in the E-O zone district are subject to the GMQS in the Emma Master Plan Area.
However, a GMQS allotment shall not be utilized to exceed the final maximum floor area of
8,250 square feet for the E-O zone district.
EXHIBIT C
3-40-190: VCLS-0 (THE VALLEYS OF CAPITOL CREEK AND LOWER SNOWMASS
CREEK OVERLAY) ZONE DISTRICT
(a) Intent
The VCLS-0 (The Valleys of Capitol Creek and Lower Snowmass Creek Overlay) zone district
is intended to implement the recommendations of the Valleys of Capitol Creek and Lower
Snowmass Creek Master Plan. A fundamental premise of the Master Plan is to protect and
preserve the agricultural and rural character; sustain the rural quality of life; and ensure that
development is subordinate to the beauty of the natural surroundings.
The Master Plan for the Valleys of Capitol Creek and Lower Snowmass Creek recommends that
the final maximum floor area for all residential development is 5,750 square feet; and does not
support the use of TDRs to increase the house size above 5,750 square feet. The intent of the
VCLS-0 zone district is to implement a final maximum floor area limitation of 5,750 square feet
for residential development to ensure that new residences which are built in the Valleys of
Capitol Creek and Lower Snowmass Creek are of moderate size and are compatible in character
with surrounding development.
(b) Location Criteria
The VCLS-0 zone district shall apply to all lands within the boundaries of the Valleys of Capitol
Creek and Lower Snowmass Creek Master Plan Area. As an overlay district, the VCLS-0 zone
district applies to any underlying zone district applied to the property. In the case of a conflict
between the provisions of the VCLS-0 zone district and the provisions of any underlying zone
district, the more restrictive standards shall apply.
(c) Final Maximum Floor Area
The final maximum floor area for all residential development on any lot or parcel zoned VCLS-
0 in the the Valleys of Capitol Creek and Lower Snowmass Creek Master Plan Area shall be
5,750 square feet, as set forth in Note 11 in Table 5-1.A of this Land Use Code. In the case of a
conflict between the provisions of the VCLS-0 zone district and the provisions of any
underlying zone district, the more restrictive standards shall apply.
(d) Receiving Sites for Transferable Development Rights (TDRs)
Transferable development rights shall not be landed on any lot or parcel zoned VCLS-0 in the
the Valleys of Capitol Creek and Lower Snowmass Creek Master Plan Area to obtain an
exemption from GMQS for any floor area beyond the final maximum floor area of 5,750 square
feet.
(e) Growth Management Quota System (GMQS)
Lands in the VCLS-O zone district in the the Valleys of Capitol Creek and Lower Snowmass
Creek are subject to the GMQS. However, a GMQS allotment shall not be utilized to exceed the
final maximum floor area of 5,750 square feet for the VCLS-O zone district.
EXHIBIT D
3-40-160: BUGB-0 (BASALT URBAN GROWTH BOUNDARY OVERLAY) ZONE
DISTRICT
(a) Intent
The BUGB-0 (Basalt Urban Growth Boundary Overlay) zone district is intended to implement a
final maximum floor area limitation of 5,750 square feet for residential development to ensure
that new residences which are built in unincorporated Pitkin County lands within the boundaries
of the Basalt Urban Growth Boundary support and maintain the transition from urban to rural
character within unincorporated Pitkin County.
(b) Location Criteria
The BUGB-0 zone district shall apply to all unincorporated Pitkin County lands within the
boundaries of the Basalt Urban Growth Boundary. As an overlay district, the BUGB-0 zone
district applies in addition to any underlying zone district applied to the property. In the case of a
conflict between the provisions of the BUGB-0 zone district and the provisions of any
underlying zone district the more restrictive standards shall apply.
(c) Final Maximum Floor Area
The final maximum floor area for all residential development on any lot or parcel zoned BUGB-
0 in the Basalt Urban Growth Boundary shall be 5,750 square feet, as set forth in Note 11 in
Table 5-1.A of the Pitkin County Land Use Code. In the case of a conflict between the
provisions of the BUGB-0 zone district and the provisions of any underlying zone district the
more restrictive standards shall apply.
(d) Receiving Sites for Transferable Development Rights (TDRs)
Transferable development rights shall not be landed on any lot or parcel zoned BUGB-0 in the
Basalt Urban Growth Boundary to obtain an exemption from GMQS for any floor area beyond
the final maximum floor area of 5,750 square feet.
(e) Growth Management Quota System (GMQS)
Lands in the BUGB-0 zone district are subject to the GMQS. However, a GMQS allotment
shall not be utilized to exceed the final maximum floor area of 5,750 square feet for the BUGB-
0 zone district.
EXHIBIT F
3-20-20: URBAN AND RURAL AREAS
Lands located within adopted urban growth boundaries or the townsite of Redstone are
sometimes referred to in this Land Use Code as "urban" lands or "urban" areas. Lands
located outside of adopted urban growth boundaries and the townsite of Redstone are
sometimes referred to in this Land Use Code as "rural" lands or "rural" areas. In those
cases where zone districts intended for use inside the urban growth boundaries (or
Redstone) have already been mapped outside those boundaries, such zone districts will
remain in effect. After the 5th of July, 2006 of this Land Use Code, applications to
rezone land outside the urban growth boundaries (and Redstone) to a zone district
intended for use inside the urban growth boundaries will not be approved. In general,
any proposed development that is required to be reviewed by the State of Colorado site
application process because of estimated water requirements or wastewater generation
(based on State of Colorado standards) should not be located in a Rural Area of the
County.
FIGURE 3-1: MAP OF URBAN GROWTH BOUNDARY AREAS WITHIN PITKIN
COUNTY
Eagle County
Pttkin County
1 Inch equals 0.54 miles
C,ty of Aspen
Urban Growth Boundary
Go1 2 Mies Map Pri,t st Urban Growth Boundaries &
nr,.,.�c.,,.zdw Rural Areas in Pitkin County
Es
Town of Basalt
Urban Growth Boundary
1 inch e1i ile. 2 miles
CUM 5
r
1 !TOWN OF BASALT
TURBAN GROWTH BOUNDARY
___EAO �iiL
j I PITKIN COUNTY
I J 4teni
CITY OF ASPEN
URBAN GROWTH BOUNDARY
0 0.5 1
I l t l l Miles
E-
05 1
I Miles
A(,: (-
P17.K IV
Note Al unurcwpomted
areas outside of the
UGB's rn Pdka County
are defined as the Rural
poan of the County
0 0.5
Miles L 1 1 t
FIGURE 3-1
MAP OF URBAN GROWTH BOUNDARY o
AREAS WITHIN PITKIN COUNTY
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GEOGRAPHIC INFORMATION SYSTEM
EXHIBIT G
3-70-40 CD-PUD (CONSERVATION DEVELOPMENT PUD)
(a) Intent
(1) Conservation Development PUD zone district allows for a variety of
conservation development options, 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 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 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, areas of
state interest, and agricultural resources, or may be properties otherwise sensitive to
overly intensive development.
(c) A CD-PUD Development Plan
A CD-PUD Development Plan shall be approved concurrent with approval of a rezoning
to the CD-PUD zone district.
(d) 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
(a) Single family dwelling unit(s), together with associated accessory
structures.
(b) Farming 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 occurring on the
1
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, Commercial
Agricultural Development, and Option 3. Residential/Agricultural
Development, farming and ranching must be conducted for the primary
purpose of obtaining a monetary profit.
(c) Agricultural buildings.
(d) Agricultural stands.
(e) Caretaker dwelling units.
(f) Home occupations.
(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 2
Only
(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.
2
(j) Firewood splitting, commercial.
(k) Horse boarding.
(1) Logging.
(m) Micro Hydro Electric Energy System
(n) Mineral and gravel extraction.
(o) Nordic ski area & support.
(p) Outdoor recreational, other.
(q) Public utilities, major.
(r) Radio or TV transmitting station.
(s) Sewage disposal area or water plant.
(t) Silviculture.
(u) Use by Federal permit.
(v) Water crossing or diversion.
(w) Wind powered electric generator
(3) Special Review Uses for Residential/Agricultural Development Option 3
Only
(a) Agricultural housing
(b) Cellular telephone facility or building -mounted cellular telephone
antennae.
(c) Horse boarding, Accessory (Non-commercial).
(d) Micro Hydro Electric Energy System.
(e) Public utilities, major.
(f) Sewage disposal area or water plant.
(g) Water crossing or diversion
3
(h) Wind powered electric generator.
(e) Development Standards
(1) General
All standards established in Chapters 5 and 7 of this Land Use Code shall apply
within the CD-PUD unless modified as provided in subsection (3) below.
(2) Entire Parcel
An application for a CD-PUD Rezoning and Development Plan must include
within the application the entirety of the un-subdivided 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). 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. Adjacent parcels acquired either subsequent to the 5th of
July, 2006 or subsequent to establishment of a CD-PUD Plan may be added to an
approved CD-PUD, subject to applicable approvals, which may include but not be
limited to: Lot Line Adjustment, Merger, Rezoning and Growth Management
Exemption pursuant to Section 6-30-100(a)(9).
(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 development will be sited after a site specific analysis of the resources, scenic
qualities, and constraints of the parcel 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 following 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.
(f) Conservation Easement
The entirety of the property within the CD-PUD shall be encumbered by a Conservation
Easement that runs to the benefit of Pitkin County. The Conservation Easement shall
depict the Activity Envelopes where approved development may occur and the
4
Preservation Areas outside of the Activity Envelopes. The Conservation Easement shall
ensure at a minimum that:
(1) The Preservation Areas are preserved in perpetuity.
(2) The Property is limited to those allowed and special review uses specified in
the CD-PUD Plan, as may be amended from time to time.
(3) The Property is restricted in perpetuity against any future division, subdivision
(including de facto 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 times, the Property shall
be owned and conveyed as a single parcel. Notwithstanding the foregoing,
multiple parties may hold and own undivided interests in the Property as co-
tenants or joint tenants.
(4) In the case of CD-PUD utilizing Commercial Agricultural Development
Option 2 or Residential/Agricultural Development Option 3, the conservation
easement shall include provisions guaranteeing continued commercial
agricultural practice and operations.
Land that has been previously encumbered by a conservation easement is eligible for
consideration in an application for a CD-PUD rezoning and Development Plan.
(g) 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, or Development Option 3 — Residential/Agricultural Development. An
applicant who chooses to use Development Option 2 or 3 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 or 3.
(h) Development Option 1: Residential Development
(1) 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 within the CD-
PUD; except if the parcel contains 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
5
of the caretaker dwelling units, and shall also count towards the maximum
floor area.
(2) 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 nine thousand two hundred and fifty (15,0009,250) square feet.
(b) Certain Caucus arealf an Overlay Zone District has a final maximum
floor area limitations of less than nine thousand two hundred and fifty
(9,250) square feet, specified below shall apply as the maximum, with
no individual, or combination of two or three principal single family
dwelling units shall exceeding the Caucus areaOverlay Zone District
limitation.
pr-incipal-single-farnily-dwelling-units-shall-be-linnted-te-eight
thousand (8,000) square feet, with no more than four thousand (4,000)
square feet contained within one principal single family dwelling.
(d) Within the Snowmass/Capitol Creek and Upper Snowmass Creek
Caucus areas, the final maximum floor area for principal single family
dwelling ,nits shall be lim ted to o ght the s.,n.1 two hun.7re.a f fty
(8,250) square feet.
(e)(c) 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 single 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 Development Plan 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 single family dwelling units— Any Overlay
Zone District floor area limitation of less than eight thousand two
hundred fifty (8,250) square feet shall apply as the maximum growth
management exemption for principal single-family dwelling unit floor
area, with no individual, or combination of two or three principal
single family dwelling units exceeding the Overlay Zone District
limitation. Where codified Caucus limitations to final maximum floor
area have been specified above, the Caucus area limitation shall apply
as the maximum growth management exemption for principal single
family dwelling unit floor area, with no individual, or combination of
two principal single family dwelling units exceeding the Caucus area
limitation. On parcels containing less than six hundred (600) acres,
floor area may be divided between two (2) single family dwelling
units or used exclusively for one (1) single family dwelling unit. On
parcels containing six hundred (600) acres or more, floor area may be
divided between up to three (3) single family dwelling units or used
exclusively for one (1) single family dwelling unit.
(b) Two thousand five hundred (2,500) square feet of floor area for
accessory structures, including agricultural buildings. This allowance
may not be combined with the exemption in subsection (a) above to
create larger principal structures.
(c) One thousand (1,000) square feet of floor area for each caretaker
dwelling unit. If there is one (1) single-family dwelling unit, only one
caretaker unit is exempt from GMQS; if there are two (2) single
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
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-PUD may not be used in
the CD-PUD under Development Option 1. However, TDRs from within
the CD-PUD may be used to increase the final maximum floor area of the
principal single-family dwelling unit(s) from eight thousand two hundred
fifty (8,250) square feet up to a total of fifteen nine thousand two hundred
and fifty (15,0009,250) square feet of gross floor area exempt from
GMQS, unless- an Overlay Zone District has a more restrictive final
maximum floor area limitation.Where Caucus area limitations to final
apply as the maximum.
_(b) Within the Frying Pan Caucus area, TDR's shall not be used to
exceed the final maximum floor area of eight thousand (8,000) square feet.
(eb) TDRs may be severed and sold from lands located within the CD-
PUD under Development Option 1. TDRs available for sale shall be
calculated at one (1) TDR for each thirty five (35) acres included in the
CD-PUD, but excluding the first one hundred sixty (160) acres that are
developed pursuant to the standards for Option 1.
(dc) If the applicant chooses to limit the permitted principal single family
dwelling unit(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 one
TDR per each two thousand five hundred (2,500) square foot reduction in
the total floor area of the principal single-family dwelling units may be
severed and sold. For example, if the total floor area of the principal
single-family dwelling units is limited to five thousand seven hundred fifty
(5,750) square feet, the CD-PUD would have one (1) 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 structure was never built, the property would
have two (2) TDR's to sever and sell.
(5) Vested Rights
Approval of a CD-PUD under Development Option 1 shall be granted vested
property rights pursuant to Sec. 2-20-170 for a period of twenty (20) years.
(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.
(i) Development Option 2: Commercial Agricultural Development
If the Community Development Director verifies that a portion of the parcel included in
the CD-PUD application is currently operating legal commercial agricultural uses, then
the property may be developed with additional commercial uses as set forth below. In
return for the availability of additional commercial agricultural uses, residential
8
development of the property shall be more limited than that allowed under Options 1 and
3.
(1) Special Review Uses
(a) Additional Uses Available
In addition to those uses by special review listed in Sec. 3-70-40(d)(2), 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) support 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 special review 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 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
The BOCC may require the Applicant to submit a statement annually to
the Community Development Director attesting to the continued
conformance of the special review use(s) to the conditions of approval.
(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 within the CD-
PUD; except if the parcel contains 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
9
(3)
of the caretaker dwelling units, and shall also count towards the maximum
floor area.
Maximum Floor Area
(a) On parcels eligible for two (2) principal single family dwelling units, the
combined final maximum floor area for said units shall be nine thousand two
hundred and fifty (9,250) square feet.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 nine thousand, five two hundred and
fifty (11,5009,250) square feet; and no individual unit shall contain more than
five thousand seven hundred fifty (5,750) square feet of floor area. Certain
Caucus e„ floor „ lim;t.,tiong ci fed below sl all apply as the
maximum, with no individual, or combination of two or three principal single
f mily dwelling units e e.ling the C..uc,,s „ limitation
(b) If an Overlay Zone District has a final maximum floor area limitation of less
than nine thousand two hundred and fifty (9,250) square feet, no individual, or
combination of two or three principal single family dwelling units shall
exceed the Overlay Zone District limitation.Within the Frying Pan Caucus, the
final maximum floor area for principal single family dwelling units shall be
limited to eight thousand (8,000) square feet with no more than four thousand
('1,000) square feet contained within one principal single family dwelling unit.
() W thin the Snowmaaa Capito1 Creek a„a , r- Snowmass Creek Caucus
areas, the final maximum deer area for „rincipal a gle family dwelling , n;ts
shall be limited to eight thousand two hundred fifty (8,250) square feet, with
no more than five thousand seven hundred fifty (5,750) square feet contained
within one principal single family dwelling unit.
(d)(c) In addition to the final maximum floor area for the principal single 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 single family dwelling units.
(e)(d) 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.
10
(4 (e) The following floor area is allowed for approved special review uses:
Parcel Size (acres)
Floor Area for Special Review Uses
(sq.ft.)
160-200
1,250
201-300
2,000
301-500
3,000
>500
5,000
(4) Growth Management Quota System (GMQS)
Approval of a CD-PUD 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 two hundred fifty (5,7509,250) square feet
of floor area divided between up tofor each of the two (2) principal single-
family dwellings on parcels containing less than six hundred (600) acres
of land, . Eleven thousand, five hundred (11,500) square feet of floor
areaor 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. Any Overlay Zone District floor area limitation of less
than nine thousand two hundred fifty (9,250) square feet shall apply as the
maximum growth management exemption for principal single-family
dwelling unit floor area, with no individual, or combination of two or three
principal single family dwelling units exceeding the Overlay Zone District
limitation.Where codified Caucus limitations to final maximum floor area
have been specified above, the Caucus ar a limitation shall apply as the
maximum growth management exemption for principal single family
dwelling unit floor area, with no individual, or combination of two
principal single family dwelling units exceeding the Caucus area
limitation.
(b) Within the Frying Pan CaucusValley Overlay Zone District, eight
thousand (8,000) square feet of residential floor area shall be the
maximum GMQS exemption for principal single family dwelling units.
No no more than four thousand (4,000) square feet shall be contained
within any one principal single-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)
11
square feet of floor area. No more than two caretaker units shall be
exempt from GMQS.
(d) All agricultural building floor area.
(e) Floor area for approved special review uses shall be exempt from
GMQS up to the maximums allowed in Sec. 3-70-40(i)(3)(e).
Parcel Size (acres)
Floor area exempt from
GMQS (sq ft)
160-200
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 under Development Option 2. TDRs available for sale shall be
calculated at one (1) TDR for each thirty (35) acres included in the CD-
PUD, but excluding the first one hundred sixty (160) acres that are
developed pursuant to the standards for Option 2.
(b) In addition, if the applicant chooses to limit the total gross 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 one (1) 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) 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 single-family dwelling unit and the second
principal single family dwelling unit was never built, the property would
have two (2) TDRs to sever and sell.
(6) Vested Rights
Approval of a CD-PUD under Development Option 2 shall be granted vested
property rights pursuant to Sec. 2-20-170 for a period of twenty (20) years.
(j) Covenant Regarding Conveyance of Structures
The applicant shall by covenant or other permanent commitment running with the land,
guarantee that in the event that multiple principal single family dwelling units and/or
caretaker dwelling units exist and/or are developed within the CD-PUD, said units shall
not be sold or otherwise conveyed or separated from the original parcel regardless of their
ultimate form of ownership.
(j) Development Option 3: Residential/Agricultural Development
If the Community Development Director verifies that a portion of the parcel included in the CD-
PUD application is currently operating legal commercial agricultural uses, then the property may
be developed as set forth below. In return for eliminating the potential for non-agricultural
commercial uses, residential development of the property shall be more limited than that allowed
under Option 1 but less limited that allowed under Option 2.
(1) Special Review Uses
The BOCC shall review applications for Special Review uses listed in Sec. 3-70-
40(d)(3), pursuant to the standards in Sec. 2-30-30(h)(1) and (2). 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.
(a) Additional Criteria for Approval of Special Review Uses
Applications for special review 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 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.
(b) Annual Review
The BOCC may require the Applicant to submit a statement annually to
the Community Development Director attesting to the continued
conformance of the special review use(s) to the conditions of approval.
13
(2) Maximum Residential Density
There shall be no more than two (2) principal single-family dwelling units and
two (2) caretaker dwelling units on the parcel within the CD-PUD; except if the
parcel contains 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.
(3) 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
eleven nine thousand five -two hundred fifty (5009,250) square feet.
If an Overlay Zone District has a final maximum floor area limitation
of less than nine thousand two hundred and fifty (9,250) square feet,
no individual, or combination of two or three principal single family
dwelling units shall exceed the Overlay Zone District limitation.
Caueus . ., floor ., limit gong rife below sh 11 pl., as the
maximum, with no individual, or combination of two or three principal
single-family-Etwellifig-units-e-xeeeding-the-Gaueus-afea-limitatieffr
Notwithstanding the foregoing provisions of this section (j), when
development rights from an adjacent parcel are approved for
aggregation pursuant to Sec. 6 30 100(a)(9), density and floor area
allowances may be combined into one (1) principal single family
dwelling with up to thirteen thousand two hundred fifty (13,250)
square feet of floor area. In cases of such aggregation pursuant to Sec.
6 30 100(a)(9), where the applicant desires two (2) principal single
thousand five hundred (11,500) square feet of floor area.
principal single 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.
0thin the- s^./C—apitel eek Urre s Creek
dwelling units shall be limited to eight thousand two hundred fifty
(8,250) square feet, with no more than five thousand seven hundred
14
fifty (5,750) square feet contained within one principal single family
dwelling unit.
(db) In addition to the final maximum floor area for the principal single
family dwelling units, 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 both the principal single family dwelling units
and the caretaker dwelling units.
(ec) Agricultural building floor area shall be unlimited in Development
Option 3 and shall be in addition to the final maximum floor area for
the principal single family dwelling units and caretaker dwelling units.
(fd)The following floor area is allowed for approved special review uses:
Parcel Size (acres)
Floor Area for Special Review Uses
(sq.ft.)
160-200
1,250
201-300
2,000
301-500
3,000
>500
5,000
(4) Growth Management Quota System (GMQS)
Approval of a CD-PUD under Development Option 3 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) Eleven Nine thousand €x two hundred fifty (11,5009,250) square feet
of floor area for the principal single family dwelling units. Any
Overlay Zone District floor area limitation of less than nine thousand
two hundred fifty (9,250) square feet shall apply as the maximum
growth management exemption for principal single-family dwelling
unit floor area, with no individual, or combination of two or three
principal single family dwelling units exceeding the Overlay Zone
District limitation. Where codi fed Ca cus limit tions to f n l
maximum floor area have been specified above, the Caucus area
limitation shall apply as the maximum growth management exemption
15
(5)
for principal single family dwelling unit floor area, with no individual,
or combination of two principal single family dwelling units
exeeeding-the-C—attetts-afe-a-limitation,
Notwithstanding the foregoing provisions of this section (4)(a), when
development rights from an adjacent parcel are approved for
aggregation pursuant to Section 6 30 100(a)(9), thirteen thousand two
hundred fifty (13,250) square feet of floor area may be developed in
one (1) principal single family dwelling. In cases of such aggregation
pur-sua„t t„ Section 6 30 i 00(a)(9) who, the plicart desi, two (2)
more than eleven thousand five hundred (11,500) square feet of floor
area
(b) 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.
(c) All agricultural building floor area.
(d) Floor area for approved special review uses shall be exempt from
GMQS up to the maximums allowed in Sec. 3-70-40(i)(3)(e).
Parcel Size (acres)
Floor area exempt from
GMQS (sq ft)
160-200
1,250
201-300
2,000
301-500
3,000
>500
5,000
Transferable Development Rights (TDRs)
(a) TDRs may be severed and sold from lands located within the CD-
PUD under Development Option 3. TDRs available for sale shall be
calculated at one (1) TDR for each thirty (35) acres included in the
CD-PUD, but excluding the first one hundred sixty (160) acres that are
developed pursuant to the standards for Option 3.
(b) In addition, if the applicant chooses to limit the total gross floor area
of the permitted principal single-family dwelling unit(s) to less than
the eleven nine thousand two hundred fifty (11,2509,250) square feet
that is exempt from GMQS, then one (1) TDR per each two thousand
16
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.
(6) Vested Rights
Approval of a CD-PUD under Development Option 3 shall be granted vested
property rights pursuant to Sec. 2-20-170 for a period of twenty (20) years.
(7) Covenant Regarding Conveyance of Structures
The applicant shall by covenant or other permanent commitment running with the
land, guarantee that in the event that multiple principal single family dwelling
units and/or caretaker dwelling units exist and/or are developed within the CD-
PUD, said units shall not be sold or otherwise conveyed or separated from the
original parcel regardless of their ultimate form of ownership.
17
EXHIBIT H
TABLE 5-
1.A:
Dimensional
Requirements
Rural Zones
RS -
G
RR
NOTE
1
RS -
160
RS -
35
LIR-35
NOTE
2
TR-1
NOTE 3
TR-2
NOTES
3, 4, 5
RS -
30
RS -
20
AR -
10
AR-
2
B-1
SKI-
REC
( WOMP
Overlay
VLP
LOTS
Minimum Lot
Area (ac.)
N/A
35
160
35
35
35
35
30
20
10
2
MF =
15,000
OTH
6,000
NOTE
6
M
Note
17
M
Minimum
Usable Open
Space per
Dwelling Unit
(sq. ft.)
800
M
Note
17
M
Minimum Lot
N/A
hways
400
400
400
N/A
400
400
400
200
50
M
Note
17
M
Width ft.)
MINIMUM SETB
From Arterial Hi
Structures /
Outside Uses
(ft.)
100 ft. setback for buildings/ 100 ft. setback for outside uses
NOTE 7
M
Note
17
M
From Major Roads
Structures /
Outside
Uses(ft.)
100 ft. setback for buildings/ 50 ft. setback for outside uses
NOTE 7
M
Note
17
M
From Collector Streets
Structures/
Outside
Uses(ft.)
50 ft. setback for buildings/ 25 ft. setback for outside uses
NOTE 7
M
Note
17
M
From Property Lines
Front Setback
(ft.)
SR
SR
(1) Lot Size < 3 ac = 30 ft.;
(2) Lot > 3 ac. and < 10 acres = 50 ft.;
(3) Lot > 10 acres = 100 ft.
30
M
Note
17
M
Side Setback
(ft.)
SR
SR
(1) Lot < 7,500 sq. ft. = 5 ft.; (2) Lot > 7,500 & < 30,000 sq. ft. = 10 ft.;
(3) Lot Size > 30,000 & < 43,560 sq. ft. = 15 ft.; (4) Lot > 43,560 & < 3 ac. = 20 ft.;
(5) Lot > 3 ac. & <20 ac. = 30 ft.; (6) Lot > 20 ac. = 50 ft
10
M
Note
17
M
Rear Setback
(ft.)
SR
SR
(1) Lot Size < 30,000 sq. ft. = 10 ft.;
(2) Lot > 30,000 sq. ft. & < 10 ac. = 30 ft.;
(3) Lot > 10 ac. = 50 ft.
10
M
Note
17
M
From Streams
ft.
100
NOTE 14, 15 and 16
M
Note
17
M HEIGHT
Maximum
Height of
Principal
Structure (ft.)
20
20
NOTE 8
28
28
28
20
20
28
28
28
28
28
M
Note
17
M
Maximum
Height of
Accessory
Structure (ft.)
20
12
NOTE 9
20
20
20
15
15
20
20
20
20
20
M
Note
17
M
1
Maximum
Height of
Exempt
Agricultural
Buildin:s
MAXIMUM FLOOR
Gross Floor
Area Exempt
From GMQS
(Without
GMQS
Allocation or
TDR Purchase)
(Base
Maxim m-
Refer
to Sec.
5-20-
70(j)
ARE
N/A
N/A
A
NOTE
10
Refer to
5,750
NOTE
11
Sec. 5-20-70(j)
5,750
NOTE
11
5,750
N/A
1,000
N/A
T
2,500
NOTE 4
Refer to
5,750
NOTE
11
Sec. 5-20-70(j)
5,750
NOTE
11
5,750
NOTE
11
5,750
NOTE
12
N/A
—I—
NOTE
11
NOTE
13
N/A
M
Note
17
Note
17
M
M
Floor Area)
Gross Floor
Area A
GMQS
Allocat
and/or
Purchw
Maximum.
ler
on
-DR
e (Final
-
N/A
NOTE
10
15,000
9,250
000
9,250
15,000
9,250
1,000
3,500
15,000
9,250
000
9,250
15,089
9,250
080
9,250
8,000
NOTE
11
M
Note
17
M
NOTE
11
NOTE 2
NOTE
11
NOTE
11
NOTE
NOTE
11
NOTE
NOTE
11
18
19
Floor Area)
ABBREVIATIONS
M = As approved in Master Plan for SKI-REC zone district; HML = Hotel/Motel/Lodge; MF/L=
Multi -family limited to 1,2, or 3 Bedrooms; MF/ST = Multi -family Studio; MF/UL = Multi-
family with more than 3 bedrooms; OTH = Other
NOTES FOR TABLE 5-1.A — Dimensional Requirements for Rural and Conservation
Zone Districts
NOTE 1: In the RR zone district, the maximum size of the Activity Envelope defined for each
principal use shall be one-half (1/2) acre. Dimensional standards in the RR zone district may be
varied by special review pursuant to the provisions of Sec. 3-40-20.
NOTE 2: As an alternative to the strict application of the area and bulk requirements, parcels in
the LIR-35 zone district may be developed as a cluster option, pursuant to the standards in Sec.
3-40-50(d), provided that the application includes the entirety of the unsubdivided parcel and
adjacent parcels held in common ownership as configured on January 16, 2000. If the cluster
option is used: (1) There shall be no more than one (1) principal single family dwelling unit per
eighty (80) acres. Actual lots may be smaller if accompanied with a preserved open space parcel
that maintains one unit per 80-acre density. (2) Maximum allowed final maximum floor area of
all buildings shall be 15,0009,250 square feet.; of which (a) 8,250 square feet shall be exempt
from growth management; and (b) additional square footage up to 15,0009,250 square feet may
only be obtained through successful growth management competition or for use of transferable
development rights.
NOTE 3: The maximum potential density and developability for properties within the TR-1 and
TR-2 zone district shall be based on the entire unsubdivided parcel. All buildings shall be
included in the calculation of the floor area.
NOTE 4: For lands rezoned to a TR-2 zone district effective on or before January 26, 2005
existing vested rights in prior development approvals are recognized, and property owners may
2
continue to rely on those vested rights until their expiration. Residential development in place or
approved prior to January 26, 2005, shall not be deemed non -conforming relative to the Pitkin
County Land Use Code.
NOTE 5: As an alternative to the strict application of the area and bulk requirements, parcels in
the TR-2 zone district may be developed as a cluster option, pursuant to the standards in Sec. 3-
40-70(d), provided that the application includes the entirety of the unsubdivided parcel and
adjacent parcels held in common ownership as configured on January 16, 2000. If the cluster
option is used: (1) There shall be no more than one (1) principal single family dwelling unit per
fifty (50) acres. Actual lots may be smaller if accompanied with a preserved open space parcel
that maintains one unit per 50 acre density. (2) Maximum final allowed floor area of all buildings
shall be 3,500 square feet, all of which shall be exempt from growth management; and no
additional floor area may be obtained through the use of either TDRs or additional growth
management allocations. Heights and setbacks may be modified through the Two -Step Review
process.
NOTE 6: Minimum lot area per principal use or dwelling unit (in square feet) shall be: MF/UL =
5,500; MF/L =3,200; MF/ST = 2,500.
NOTE 7: Off-street parking, signs, and lights shall meet the setback requirements for outside
uses. Access roads, highway regulatory and directional signs, safety lighting, and safety features
shall be allowed between the right-of-way and the setbacks listed. Off street parking and lights
don't need to meet the setback required on collector streets.
NOTE 8: In the RR zone district, building height is measured pursuant to Sec. 5-20-60(h)
NOTE 9: Not applicable to structures existing on the 5th of July, 2006.
NOTE 10: Floor area In the RR zone district is addressed in Section 5-20-70(i).
NOTE 11: ,
attached accessory structures, shall be limited to 4,000 sq. ft.; up to 1,750 sq. ft. of gross floor
area shall be allowed for accessory structures and uses that are detached from
principal structure. In the Capitol Creek/Snowmass area, the final maximum floor area shall be
8,250 square feet; and within the Basalt Urban Growth Boundary, the final maximum floor area
shall be 5,750 sq. ft. In the Emma Caucus area, the final maximum floor area shall be 8,250
square feet. The final maximum floor area for all residential development within the Maroon
Creek Caucus area shall be 5,750 square feet. These maximums shall not be exceeded with a
GMQS allotment or use of TDRs. These maximums shall also apply to a dwelling unit which is
to be located on a parcel containing five hundred (500) acres or more unless the parcel was
legally created and received development approvals prior to July 5, 2006, in which case previous
approvals regarding house size shall apply.
The final maximum floor area shall not be exceeded. GMQS allotments shall not be granted and
Transferable Development Rights (TDR) shall not be utilized to exceed the final maximum floor
area. These maximums shall also apply to a dwelling unit which is to be located on a parcel
containing five hundred (500) acres . The final maximum floor areas for residential
development in certain Overlay Zone Districts shall be set forth per Table 5-1.A (a).
3
Table 5-1.A(a)
Location
Final
Overlay
Additional Criteria
Maximum
Zone
Floor Area
District
(square feet)
Code
Reference
Basalt Urban Growth
5,750 SF
3-40-160
Boundary Overlay Zone
District
Brush Creek Master
5,750 SF
3-40-170
Plan Area Overlay Zone
District
Emma Master Plan
8,250 SF
3-40-180
Area Overlay Zone
District
Maroon Creek Caucus
5,750 SF
3-40-150
Area
Fryingpan Valley
5,750 SF
3-40-130
Gross floor area for principal structure,
Master Plan Area
including all below -grade space and
Overlay Zone District
attached accessory structures, shall be
limited to 4,000 sq. ft.; up to 1,750 sq.
ft. of gross floor area shall be allowed
for accessory structures and uses that
are detached from principal structure.
The Valleys of Capitol
5,750 SF
3-40-190
Creek and Lower
Snowmass Creek
Master Plan Area
Overlay Zone District
NOTE 12: (1) Lot size 0--25,000 sq. ft. = .13 up to a maximum of 3,250 sq. ft. of floor area; (2)
Lot size 25,001--50,000 sq. ft. = 3,250 sq. ft. of floor area, plus 9 sq. ft. of floor area for each
additional 100 sq. ft. in lot area up to a maximum of 5,500 sq. ft. of floor area; (3) Lot size
50,001--100,000 sq. ft. = 5,500 sq. ft. of floor area plus 5 sq. ft. of floor area for each additional
100 sq. ft. in lot area up to a maximum of 8,000 sq. ft. of floor area; (4) Lot size 100,000 and
larger = 8,000 sq. ft. of floor area plus 1 sq. ft. of floor area for each additional 100 sq. ft. in lot
area. Lots in the Preserve Subdivision are each allowed 12,873 sf of Gross Floor Area exempt
from Growth Management without GMQS allocation or TDR purchase. Refer to 6-30-100(b)(6)
4
NOTE 13: Notwithstanding any other provision of this Land Use Code, the base maximum
gross floor area shall not exceed 4,000 square feet for lots and parcels < 1 acre; for lots and
parcels >1 acre, then base maximum gross floor area shall not exceed 5,750 square feet plus
1,000 square feet for each 10,000 square feet that parcel size exceeds one acre, up to a maximum
of 8,000 square feet on any one B-1 lot or parcel.
NOTE 14: An additional setback may be required or a lesser setback may be allowed pursuant
to Sec. 7-20-80.
NOTE 15: Development of a micro hydroelectric energy system may be allowed in a setback
pursuant to Section 7-20-80 (c) and 4-30-50(m).
NOTE 16: Stream restoration projects may encroach into this setback pursuant to Sections 7-20-
40 and 7-20-80
NOTE 17: All areas mapped within the WOMP Overlay Zone District shall be subject to
Section 3-70-50.
NOTE 18: For the six 35+ acre parcels known informally as Star Mesa, 15,000 of Gross Floor
Area is exempt from GMQS for each lot. Refer to Sec. 6-30-100(b(4)
NOTE 19: Lots in the Eagle Pines Subdivision are each allowed 11,500 sf of Gross Floor Area
exempt from Growth Management without GMQS allocation or TDR purchase. Refer to Sec. 6-
30-100(b)(5).
5
EXHIBIT 1
TABLE 5-1.B: Dimensional Requirements
Urban/Suburban Residential Zone Districts
Other Than Affordable Housing Districts
R - 30
R -15
R-15A
R-15B
R-6
RMF
VR
MHP
WOMP
Overlay
LOTS
Minimum Lot Area (sq. ft.)
30,000
15,000
15,000
15,000
NOTE
11
6,000
1 Acre
5,000
NOTE 1
NOTE 2
NOTE 14
Minimum Lot Area Per Principal Use or
Dwelling Unit (sq. ft.)
30,000
15,000
15,000
15,000
NOTE
11
6,000
.14
5,000
NOTE 2
NOTE 14
Maximum Lot Area Per Principal Use or
Dwelling Unit (sq. ft.)
11,999
NOTE 14
Minimum Usable Open Space per Dwelling
Unit (sq. ft.)
6,600
3,000
3,000
3,000
1,500
500
1,500
NOTE 2
NOTE 14
Minimum Lot Width (sq. ft.)
100
75
75
75
60
75
50
Maximum Dwelling Units Per Acre
10.5
MINIMUM SETBACKS
From Arterial Highways
Structures / Outside Uses (ft.)
100 ft. setback for buildings /
outside uses NOTE 3
100 ft. setback for
N/A
N/A
NOTE 14
From Major Roads
Structures / Outside Uses (ft.)
100 ft. setback for buildings / 50 ft. setback for
outside uses NOTE 3
N/A
N/A
NOTE 14
From Collector Streets
Structures / Outside Uses (ft.)
50 ft. setback for buildings / 25 ft. setback for
outside uses NOTE 3
N/A
N/A
NOTE 14
From Property Lines
Front Setback (ft.)
(1) Lot Size < 3 ac = 30 ft.;
(2) Lot > 3 ac. and < 10 acres = 50 ft.;
(3) Lot > 10 acres = 100 ft.
5 feet
30
NOTE 2
NOTE 14
Side Setback (ft.)
(1) Lot < 7,500 sq. ft. = 5 ft.; (2) Lot > 7,500 & <
30,000 sq. ft. = 10 ft.;
3) Lot Size > 30,000 & < 43,560 sq. ft. = 15 ft.;
(4) Lot > 43,560 & < 3 ac. = 20 ft.;
(5) Lot > 3 ac. & <20 ac. = 30 ft.; (6) Lot > 20 ac.
= 50 ft.
5 feet
Min 7
per side
and 20
total
both
sides
NOTE 2
NOTE 14
Rear Setback (ft.)
(1) Lot Size < 30,000 sq. ft. = 10 ft.;
(2) Lot > 30,000 sq. ft. & < 10 ac. = 30 ft.;
(3) Lot > 10 ac. = 50 ft.
20 feet
10
NOTE 2
NOTE 14
From Streams (ft.)
100
NOTE 4, 12 and 13
100
20
NOTE 4
NOTE 2
NOTE 14
MAXIMUM HEIGHT
Maximum Height of Principal Structure (ft.)
28
28
28
28
28
28
NOTE 5
NOTE 2
NOTE 14
Maximum Height of Accessory Structure
(ft.)
20
20
20
20
20
20
NOTE 6
NOTE 2
NOTE 14
Maximum Height of Exempt Agricultural
Buildings
Refer
to Sec.
N/A
N/A
N/A
N/A
N/A
N/A
N/A
NOTE 14
1
TABLE 5-1.B: Dimensional Requirements
Urban/Suburban Residential Zone Districts
Other Than Affordable Housing Districts
R - 30
R -15
R-15A
R-15B
R-6
RMF
[ VR
[ MHP
WOMP
Overlay
5-20-
70(j)
MAXIMUM FLOOR AREA
Allowable floor area based on Floor Area
Ratio (FAR)7
.13
.16
NOTE
NOTE
10Note
.30
.50
14
NOTE 8
NOTE 2
NOTE 14
Gross Floor Area Exempt from Growth
5,750
5,750
Note 15
NOTE 14
Management (without GMQS Allocation or
NOTE
5,750
5,750
5,750
NOTE 8
N/A
TD
lt) (Base Maximum Floor Area) (sq ft)
9
Grc
ss Floor Area After GMQS Allocation
15,000
15,000
�i n
5,750
Note 15
NOTE 14
and/or
TDR Purchase (Final Maximum
4,000
NOTE 8
N/A
Flom-
Area) (sq ft)
9250
9,250
9,250
NOTES TO TABLE 5-1.B: Dimensional Requirements for Residential Zone Districts
Other Than Affordable Housing Districts
NOTE 1: 5,000 square feet, which shall include any land areas within the Redstone A Lots (as
defined in this Land Use Code)
NOTE 2: Dimensional requirements for the MHP zone district are found in Table 7-4. The
dimensional requirements for the Aspen Village Subdivision, Lazy Glen Subdivision, and
Woody Creek Subdivision, are described in the PUD Development guide approved by Pitkin
County for each development.
NOTE 3: Off-street parking, signs, and lights shall meet the setback requirements for outside
uses. Access roads, highway regulatory and directional signs, safety lighting, and safety features
shall be allowed between the right-of-way and the setbacks listed. Off street parking and lights
don't need to meet the setback required on collector streets.
NOTE 4: An additional setback may be required or a lesser setback may be allowed pursuant to
Sec. 7-20-80.
NOTE 5: Maximum height principal structures: twenty-four (24) feet to the top of ridge;
fourteen (14) feet to the top of eave (dormers excluded). See also Sec. 5-20-60(i) for Building
Height calculation methodology.
NOTE 6: Maximum height accessory structures: twenty-one (21) feet to the top of ridge; twelve
(12) feet to the top of eave (dormers excluded). See also Sec. 5-20-60(i) for Building Height
calculation methodology.
NOTE 7: The allowable floor area shall be based on the least restrictive of the following
formulas: (a) 3,500 square feet (plus 30% for pre-existing duplexes); or (b) floor area ratio
(FAR) = .20 (plus 30% of allowed floor area for pre-existing duplexes). Only duplex units that
existed prior to 1974 are permitted in the R-15A zone district, and no dwelling unit in the R-15A
zone district shall exceed 5,500 square feet of floor area. Each dwelling unit on a pre-1974
duplex lot is exempt from Growth Management up to the Base Maximum of 5,750 square feet of
gross floor area.
2
NOTE 8: (1) Lot with 50-74 ft. frontage = 2,000 square feet; (2) Lot with 75-99 ft. frontage =
2,300 square feet; (3) Lot with 100 ft or larger frontage = 2,500 square feet. See also Sec. 5-20-
70 for Floor Area calculation methodology.
NOTE 9: In the Meadowood Subdivision, Lots 3 and 4, Block 1, Filing 1, are allowed an
additional 4,400 sf of floor area. All other lots in the Meadowood Subdivision are allowed an
additional 2,528 sf of floor area. Refer to Sec. 6-30-100(b)(3)
NOTE 10: The allowable floor area shall be based on the least restrictive of the following
formulas: (a) 3,500 square feet; or (b) floor area ratio (FAR) = .20. Duplexes are prohibited in
the R-15B zone district and no dwelling shall exceed 3,500 square feet in floor area, and 5,750 in
gross floor area (max sq. ft.).
NOTE 11: For the R-15B zone district, the 15,000 square foot minimum relates to Lot Size, and
not Lot Area as defined in Section 11, Definitions.
NOTE 12: Development of a micro hydroelectric energy system may be allowed in a setback
pursuant to Section 7-20-80(c) and 4-30-50(m).
NOTE 13: Stream restoration projects may encroach into this setback pursuant to Sections 7-20-
40 and 7-20-80
NOTE 14: The individual floor area cap per unit in the RMF Zone District is 2,855 square feet
NOTE 15: See Le Chamonix PUD guide for Growth Management Exemption and Maximum
floor Area
NOTE 16: All areas mapped within the WOMP Overlay Zone District shall be subject to
Section 3-70-50.
3
EXHIBIT J
6-50-20: STANDARDS FOR SCORING APPLICATIONS FOR RESIDENTIAL
ALLOTMENTS
(c) Achievement of Community Goals
(4) Reduction of Visible Mass (Only applies to developments within the Rural
Area) *Note: An applicant can receive a score of zero (0) in this category and not
be in violation of the Land Use Code.
Considering the extent to which the development proposed is less than the
allowable floor area allowed on the property by the underlying zone district;
utilizes some of its allowed floor area to develop sub -grade space; or is below the
allowable height of the underlying zone district. Points shall be awarded
according to the following schedule. Applicants for a new lot or parcel in the
Rural Remote Zone District shall receive the maximum score of six (6) points in
this category.
TABLE 6-6: Points Schedule for Reduction of Visible Mass
Final Maximum Floor
Area
(see note 1)
Sub -Grade Floor Area
(see note 2)
Height
(see note 3)
0 Points
Final maximum floor
area is limited to no
more than 7589% of
that potentially
available to the
property.
Less than 20% of the
requested floor area
would be built sub-
grade.
Proposed structure(s)
limited to less than 15%
below the maximum
allowable height.
1 Point
Final maximum floor
area is limited to no
At least 20% of the
requested floor area
will be built sub -grade.
Proposed structure(s)
limited to at least 15%
more than 7589% of
that potentially
available to the
property.
below the maximum
allowable height.
2 Points
(Note 4)
Final maximum floor
area is limited to no
At least 30% of the
requested floor area
will be built sub -grade.
Proposed structure(s)
limited to at least 30%
more than 5575% of
that potentially
available to the
property.
below the maximum
allowable height.
Notes:
1. This calculation is based on the final maximum floor area that is potentially allowed
on the property by the underlying zone district, as specified in Table 5-1.D. See Sec. 5-
20-70 for rules governing measurement of floor area.
1
2. To qualify as sub -grade, the space must meet the requirements for exempt sub -grade
space in Sec. 5-20-70(g)(1).
3. To receive points in this category, no portion of any proposed structure can measure
above the stated height limit.
4. Applicants may score points in each of the three categories described in this section,
up to a maximum of 6 points (2 points in each category).
2
EXHIBIT K
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
YES - to create a new development right
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-10, RS-20, RS-30
NO**
YES — to increase house size to max permitted;
YES - to create a new development right
AR-2
NO
YES — to increase house size to max permitted;
YES - to create a new development right
R-6, R-15, R-30
NO
YES — to increase house size to max permitted;
YES - to create a new development right
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
to BOCC
structures max permitted (in compliance with
adopted Caucus Overlay Zone District final maximum
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, RS-20, and AR-10) where TDRs are available to increase house
' size, the final maximum size floor area of the house after use of the TDRs shall be the maximum size as shown in Table
5-1, is based Comprehensive Plan for different In districts FAR limits R-30, R-15,
which on areas. zone with (AR-2,
R-15A, R-6, and VR) where TDRs are available to increase house size, the maximum allowable floor area of the house
shall be limited by the applicable FAR, as shown in Table 5-1. TDRs may not be used to exceed the maximum
allowable floor area, but may be used to attain the final maximum gross floor area
*Except where parcel is less than 1 acre and does not comply with the criteria specified in Sec. 6-70-40(a)(6) or where
a Growth management allotment has been awarded for a new lot or parcel, pursuant to Sec. 6-40-10(b)(1).
**Except where parcel is designated as a Limited Development Conservation Parcel by Special Review