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HomeMy WebLinkAboutbocc.ord.002.20241 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AMENDING TITLE 8 OF THE PITKIN COUNTY CODE, TITLE 8, SECTION 6-30-70 – GMQS EXEMPTION FOR LARGE LOTS (500+ Acre Parcels) ORDINANCE NO. 002- 2024 RECITALS 1. Pursuant to C.R.S. § 30-35-201 and 301, the Board of County Commissioners of Pitkin County, Colorado (the “BOCC”), 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 Pitkin County Home Rule Charter, the Board of County Commissioners of the County of Pitkin, Colorado (the “BOCC”) is authorized to take official action by Ordinance for certain matters as set forth in the Home Rule Charter as well as the Colorado Revised Statues, as amended. 3. Title 8 of the Pitkin County Code, is titled “The Pitkin County Land Use Code” (“PCLUC”) and provides authority and powers conferred on the BOCC by the State of Colorado regarding the use and development of real property located in Pitkin County, Colorado as more specifically described therein. 4. Pursuant to the PCLUC, Section 2-40-10, a Land Use Code Text Amendment requires a Specialized Review and Approval Procedure, which requires Staff review, recommendation from the Planning and Zoning Commission, and adoption by the BOCC through Ordinance action. 5. The Planning and Zoning Commission reviewed the proposed Land Use Code Text Amendment at a regularly scheduled and duly noticed meeting on October 3, 2023 and again at a duly noticed meeting on December 5, 2023. 6. At its October 3, 2023 public meeting, the Planning and Zoning Commission adopted a resolution recommending the approval of this Ordinance. 7. During its December 5, 2023 meeting, the P&Z considered proposed changes to the Text Amendment to recognize properties that have previously utilized the GMQS exemption for 500 acre parcels. 8. This Land Use Code Text Amendment amends PCLUC, Section 6-30-70 – GMQS EXEMPTION FOR LARGE PARCELS (500+ Acre Parcels). 9. The BOCC, by this Land Use Code Text Amendment amends the GMQS Exemption for Large Parcels to make the review process Special Review to the BOCC, rather than Administrative Review. The BOCC’s determination to grant or deny the application shall be discretionary. 2 10.The Land Use Code Text Amendment also requires the property that is the subject of the application to be encumbered with a conservation easement running to the benefit of the BOCC. The conservation easement shall be reviewed by the Open Space and Trails Board of Trustees, which shall make a recommendation to the BOCC regarding the conservation easement as well as management and stewardship of the same. 11.The text of the Land Use Code Text Amendment is attached hereto as Exhibit A (Title 8, Chapter 6). 12.This Ordinance satisfies the criteria for approval of a Land Use Code TextAmendment as set forth pursuant to PCLUC § 2-30-40(i) and § 2-40-10 and that the proposed amendment to the Pitkin County Code is consistent with the goals and policies regarding land use and development in Pitkin County. Accordingly, the BOCC finds as follows: a.The Land Use Code Text Amendment is consistent with the Pitkin CountyComprehensive Plan, which promotes preservation of open space andmaintenance of rural character; and b.The proposed text of the Land Use Code Text Amendment, as set forth inExhibit A, is drafted in a form that is consistent with the organizational format and style of this Land Use Code; and c.The Proposed Land Use Code Text Amendment repeals and reenacts theentire, relevant sections of the PCLUC. 13.The BOCC finds that adoption of this Ordinance is necessary for the immediatepreservation 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 that the Board of County Commissioners of the County of Pitkin, Colorado, hereby adopts AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AMENDING TITLE 8 OF THE PITKIN COUNTY CODE, TITLE 8, SECTION 6-30-70 – GMQS EXEMPTION FOR LARGE LOTS (500+ Acre Parcels) as set forth in Exhibit A appended hereto. The Chair of the Board of County Commissioners of the County of Pitkin, Colorado, or his or her designee, is further authorized to execute such documents as necessary to consummate this transaction subject to the recommendation for approval as to form by the County Attorney. 3 INTRODUCED AND FIRST READ ON THE 15TH DAY OF NOVEMBER 2023 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 6TH DAY OF DECEMBER 2023. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 23RD DAY OF NOVEMBER 2023. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 16TH DAY OF NOVEMBER 2023. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 24TH DAY OF JANUARY 2024. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE 1ST DAY OF FEBRUARY 2024. POSTED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE 1ST DAY OF FEBRUARY 2024. ATTEST: By: _________________________ Sam Engen Deputy County Clerk APPROVED AS TO FORM: By: ___________________________ BOARD OF COUNTY COMMISSIONERS By: _____________________________ Greg Poschman, Chair Date: ______________ MANAGER APPROVAL By: _________________________________ Richard Y. Neiley III Jon Peacock, County Manager Asst. County Attorney Jan-30-2024 Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 1 6-30: EXEMPTIONS FROM GMQS 6-30-10: PURPOSE Growth Management is applicable to all development activity that requires a building permit, which means that most development must either compete through the GMQS or be eligible for an exemption from competition. The purpose of this section is to create a number of discretionary exemptions from Growth Management within Pitkin County that allow certain types of growth to proceed without competing for and obtaining a growth management allotment. The exemptions set forth in this section include growth that would normally be included within growth management, but because of some overriding public benefit related to the type of growth, an exemption is created. Exemptions are provided to promote the development type, character, location, and quality goals of the County, to continue an historical practice, and to ensure fairness in the system. 6-30-20: GENERAL STANDARDS AND CRITERIA FOR EXEMPTIONS (a)Exemptions Discretionary The exemptions from growth management set forth in this section are granted through the procedures set forth in Chapter 2 only upon demonstration by the applicant of compliance with the standards for the particular exemption. (b) Compliance with Code Requirements To be eligible for any exemption, the proposed development must comply with all requirements of the Pitkin County Code. (c)Consideration of Comprehensive PlanEligibility for any exemption shall consider the Comprehensive Plan, includingadopted plans for the incorporated areas of Aspen, Basalt, Carbondale, andSnowmass, and the Pitkin County Comprehensive Plan. (d)Exemptions Subject to Development Exactions and Impact Fees GMQS exempt development approved as exempt from GMQS competition shall be subject to development exactions and impact fees pursuant to Chapter 8, except as specifically exempted in that Chapter. Exhibit A Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 2 6-30-30: SUMMARY CHART OF GMQS EXEMPTIONS TABLE 6-1: Summary of Exemptions Exemption Specific Categories, If Applicable Section Reference Deed Restricted Dwelling Units Deed Restricted Category Affordable Housing Sale Units Sec. 6-30-40(a) Deed Restricted Resident Occupied Housing Units Sec. 6-30-40(b) Caretaker Dwelling Units Sec. 6-30-40(c) Development Utilizing TDR’s New Dwelling Units Sec. 6-30-50(a) Additional Floor Area Sec. 6-30-50(b) Preservation of Historic Sec. 6-30-60 Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 3 Structures Large Lots 500+ Acre Parcels Sec. 6-30-70(a) Parcels Created in the LIR Zone Pursuant to the Cluster Option Sec. 6-30-80 Conservation Development PUD (CD-PUD) Sec. 6-30-90 Development of Up to 5,750 sq. ft. of Residential Floor Area on Certain Types of Pre-Existing Lots Any Lot or Parcel Which Was Legally Created Before June 12, 1978 Sec. 6-30-100(a) Board Approved Subdivisions, Fully Developed Land Subdivision Exemptions, and 35 Acre Parcels Created P:rior to January 10, 2000 and Located within the Crystal River or Frying Pan Areas Sec. 6-30-100(b) Remodels and Replacement Remodeling Sec. 6-30-110(b) Replacement Sec. 6-30-110(c) & (d) Civic and Institutional Uses Sec. 6-30-120 New Lots Crated within the VR and VC Zone Districts Sec. 6-30-130 Accessible ANSI Residences Sec. 6-30-140 Commercial and Tourist Accommodations Developments with Insubstantial Growth Impacts Commercial Tourist Accommodations Sec. 6-30-150 Change in Use Residential Sec. 6-30-160 Commercial Sec. 6-30-160 Tourist Accommodation Sec. 6-30-160 Minor Expansion of a Multi-Family Dwelling Unit in the RMF Zone District Sec. 6-30-170 Greenhouses that are not Customarily Accessory to a Principal Residential Use Sec. 6-30-170 Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 4 (Code Revised (all sections) Ord. No. 14-D, 2006, 07-05-06; Table 6-1 (part) amended by Ord. 21-2007, 07-24-07; Ord. 029-2012, 10-24-2012; Ord. 038-2012, 12-19-12; Ord. 031-2013, 12-18-2013 Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 5 6-30-40: EXEMPTION FOR DEED RESTRICTED DWELLING UNITS There are three types of deed restricted dwelling units that may be exempted from Growth Management: (1) Deed restricted Category affordable housing sale units and publicly owned Category affordable housing rental units; (2) Resident Occupied ("RO") deed restricted sale units and publicly owned RO rental units; and (3) Deed restricted caretaker dwelling units ("CDUs"). (4) [Reserved] There is no exemption provided for privately owned deed restricted rental units. Publicly owned Category and RO rental units are eligible for exemption. (a) Deed Restricted Category Affordable Housing Sale Units Deed restricted Category affordable housing sale units in any zone district where these units are allowed may be exempted from Growth Management. Publicly owned Category affordable housing rental units may also be exempted from Growth Management. Two exemptions for the development of Category affordable housing units are provided through Growth Management as follows: (1) 70/30 Development Projects in the AH/PUD Zone The development of projects containing a minimum specified mix of seventy (70) percent deed restricted Category and RO sale housing and a maximum of thirty (30) percent free market housing may be exempted from Growth Management to create an incentive for the production of deed restricted category affordable housing. Where the project is publicly owned, the Category and RO units may be rental units. All 70/30 development projects shall satisfy the following minimum criteria to qualify for a Growth Management exemption: (a) AH/PUD Zoning Required 70/30 development project shall only occur in the AH/PUD zone. (b) Compliance with Housing Designee Goals and Deed Restrictions Required A 70/30 development project shall contribute to the annual housing production goal and unit mix established by the Aspen/Pitkin Housing Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 6 Authority for sale units (or rental units, if the project is publicly owned); and shall comply with the deed restrictions required by the Aspen/Pitkin Housing Authority for Category and RO sale units (or rental units, if the project is publicly owned). (c) Minimum Specified Dwelling Unit Mix A 70/30 development project shall comply with the following minimum specified dwelling unit mix: TABLE 6-2: Summary of Affordable Housing Standards Type of Dwelling Units by Overall Percentage of Development Required Breakdown of Unit Mix Within 70% and 30% Categories Options 70% Deed Restricted Category Affordable Housing Units and RO Housing Sale Units (or Rental Units, if publicly owned) 40% minimum for Category sale units (or rental units, if publicly owned) (Category units and RO sale units must comprise at least 60% of the total bedrooms mix in the project) 30% maximum for RO sale units (or rental units, if publicly owned) (if the project has free market units, limited to an overall total of 40% of the project's total number of bedrooms including free market bedrooms) Category sale units and RO sale units must comprise at least 60% of the bedroom mix of the project (or rental units, if publicly owned) If there is no free market development, the limitation to 40% of the project's total number of bedrooms does not apply to the RO sale units (or rental units, if publicly owned) Units may be comprised of the types of units permitted or approved by special review under the applicable zone district (e.g., single-family, duplex, multi-family) All deed restricted Category units and RO housing units are required to be sale units, unless publicly owned in which case they may be rental units 30% Free Market Dwelling Units Free market and RO sale units are limited to an overall total of 40% of the project's total number of bedrooms (or rental units, if publicly owned) Free market units are optional, and are not required Free market units may be comprised of the types of units permitted or approved by special review under the applicable zone district (e.g., single-family, duplex, multi-family) Free market units may be rental units if permitted in the underlying zone district (d) Minimum Design and Locational Criteria 70/30 development projects shall comply with the following minimum design and locational criteria: (1) The construction quality of the deed restricted sale units (or rental units, if publicly owned) shall be maximized; Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 7 (2) The size of the deed restricted sale units (or rental units, if publicly owned) shall be maximized considering the economics of the project, including the likely profit on any free market units and the restrictions on the pricing of the deed restricted sale units; (3) The development project shall be located considering the criteria contained in the Citizen Housing Plan; and (4) The development project shall be located within one-half (1/2) mile walking distance (measured from the closest residential structure) from either an existing mass transit stop or an agency approved planned mass transit stop that will be available prior to the issuance of any Certificates of Occupancy for the project. (2) Deed Restricted Category Sale Housing Located Outside of the AH Zone Districts Deed restricted Category sale housing (or rental housing, if publicly owned) in all zone districts may be exempted from Growth Management. No exemption is provided for deed restricted Category rental units, unless publicly owned. As an additional incentive, the greater of one additional dwelling unit or the total number of units necessary for any mitigation approved pursuant to Sec. 8-30 may be exempted from Growth Management on any lot or parcel located outside of the AH zone districts. The exemption is subject to special review approval pursuant to the criteria of Sec. 2-30-30(h)(2) and consideration of the Citizen Housing Plan. The additional Category sale units (or rental units, if publicly owned) may be allowed even if the lot or parcel is substandard in size and the resulting development on the lot or parcel would not conform with the underlying zone district’s minimum parcel size for each dwelling unit. (b) Deed Restricted Resident Occupied ("RO") Housing Units Deed restricted Resident Occupied sale units (or rental units, if publicly owned) in any zone district may be exempted from Growth Management, subject to compliance with the provisions of the underlying zone district. No exemption is provided for deed restricted RO rental units, unless publicly owned. (c) Caretaker Dwelling Units ("CDUs") One (1) Caretaker Dwelling Unit ("CDU") may be exempted from Growth Management on any lot or parcel located in a zone district in which a CDU is an allowed use, a use allowed by special review, or a use allowed as part of a master plan, as shown in Table 4-1. The CDU may be allowed even if the lot or parcel is substandard in size and the resulting development on the lot or parcel would not conform to the underlying zone district's minimum parcel size for each dwelling unit, subject to the standards in Sec. 4-30-50(e). The CDU may be either attached Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 8 to a single-family dwelling unit ("principal dwelling") or other use or may be detached from the principal dwelling or other allowed use if it complies with the standards in Sec. 4-30-50(e). (d) Employee Dwelling Units (“EDU”s) [Reserved] 6-30-50: EXEMPTION FOR DEVELOPMENT USING TRANSFERABLE DEVELOPMENT RIGHTS ("TDRS") The transfer of development rights (TDRs) from Sending Sites identified in Sec. 6-70-20 may provide an exemption from GMQS subject to compliance with the standards of this section. Specific forms of exemption are listed below: (a) New Dwelling Units A new dwelling unit located within the Aspen Urban Growth Boundary may be exempted from GMQS through the use of TDRs as provided in Sec. 6-70-40(b) and subject to special review approval pursuant to the criteria in Sec. 2-30-30(h)(2). A new dwelling unit located outside the Aspen Urban Growth Boundary may not be exempted from GMQS through the use of TDRs. (b) Additional Floor Area for Lots/Parcels (1) Aspen Urban Growth Boundary Additional floor area up to the final maximum size permitted by Table 5-1 (including base floor area), on a lot/parcel within the Urban Growth Boundary, may be exempted from GMQS without special review through the use of TDRs as provided in Sec. 6-70-40(b). (2) Rural Area (a) Additional floor area, up to the final maximum size permitted by Table 5-1 (including base floor area), on a lot in the following subdivisions within the Rural Area may be exempted from GMQS without special review through the use of TDRs as provided in Sec. 6-70-040(b): Starwood, Starwood Ranch, Owl Creek Ranch, East Owl Creek, Eagle Pines, Castle Creek Valley Ranch, White Star Ranch, Star Mesa and Aspen Valley Downs. (b) Additional floor area, up to the final maximum size permitted by Table 5-1 (including base floor area), on a lot/parcel within the Rural Area not included in (a) above may be exempted from GMQS through the use of TDRs as provided in Sec. 6-70-40(b) Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 9 and subject to special review approval pursuant to the criteria in sec. 2-30-30(h)(2). (3) Additional Floor Area for Properties with Development Rights Approved through Growth Management (Urban Growth boundary and rural area) Additional floor area, up to the final maximum size permitted by Table 5-1 (including base floor area), for a lot or a parcel with development rights that have been awarded base square footage allotments through the County's GMQS scoring and competition procedures may be exempt from GMQS through the use of TDRs subject to special review approval pursuant to the criteria in Sec. 2-30-30(h)(2), but such exemption shall be limited to the maximum square footage specified in the GMQS competition. (c) TDR Approvals If a parcel has been approved as a TDR receiver site for new development and/or additional floor area, a GMQS allotment may not be applied for to replace the use of the TDR(s). In cases of approved TDR Receiver Sites identified in sections 6-30-50(b)(1) and 6-30-50(b)(2)(a), use of a TDR shall be defined as the surrender of a TDR certificate at the time of building permit submittal. (Code Revised (all sections) by Ord. No. 014-D, 2006, 07-05-06; § 6-30-50 (part) amended by Ord. 024, 10-28-09) 6-30-60: EXEMPTION FOR PRESERVATION OF HISTORIC STRUCTURES One additional single-family dwelling unit may be allowed on a property designated to the Pitkin County Historic Register, subject to special review approval pursuant to the criteria in Sec. 2-30-30(h)(2) and the following: (a) One Additional Single-Family Dwelling Unit and Historic Structure(s) Exempt The additional single-family dwelling unit may be exempt from GMQS up to the base maximum size permitted by Table 5-1, subject to special review approval pursuant to the criteria in Sec. 2-30-30(h)(2), unless the Board of County Commissioners determines that a smaller dwelling unit size is necessary to avoid visually overwhelming the historic resource(s) on the property, in which case the lower maximum dwelling unit size established by the Board of County Commissioners shall apply. Only one (1) single-family dwelling unit per parcel as it was configured on June 12, 1978, is permitted in addition to the historic Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 10 structure(s), regardless of the number of historic structures on the parcel and/or the availability of an exemption pursuant to this Sec. 6-30-60. This exemption for an additional single family dwelling unit shall not be available to properties with existing, non-historic single-family dwelling units. The retention of the historic structure(s) is exempt from GMQS and the minimum lot area per dwelling unit requirement of the underlying zone district. (b) Listing of Historic Structure(s) The property must be designated to the Pitkin County Historic Register as provided in Sec. 7-20-100 to be eligible for this exemption. (c) Relocation of Historic Structure The Board of County Commissioners may grant a GMQS exemption if the historic structure has been moved from its original parcel/lot or is proposed to be moved to another parcel/lot, subject to special review approval pursuant to the criteria in Sec. 2-30-30(h)(2). (d) Transfer of Exemption The Board of County Commissioners may approve the transfer of the GMQS exemption available through this provision from the parcel/lot where the historic structure is located to another parcel/lot, subject to special review approval pursuant to the criteria in Sec. 2-30-30(h)(2). (e) Change in Use The Board of County Commissioners may approve a change in use of an historic structure, subject to special review approval pursuant to the criteria in Sec. 2-30-30(h)(2). (f) "Fathering Parcel" Retains Exemption Even if Reconfigured After June 12, 1978 An original "fathering parcel" that was legally configured as of June 12, 1978, retains one (1) GMQS exemption subject to the limitations of this section, notwithstanding any reconfiguration of the parcel after June 12, 1978. The exemption shall be granted to the parcel that is designated in the subdivision or division of the original fathering parcel, or if no such parcel is designated then to the parcel that seeks the exemption first in time. (g) Calculation of Floor Area for Historic Structure(s) If the lot or parcel on which an additional dwelling unit is proposed is located in a zone district that does not have a floor area ratio (FAR), the floor area of the Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 11 historic structure(s) shall be exempt from the calculation of floor area for the lot or parcel. (1) If the lot or parcel on which an additional dwelling unit is proposed is located in a zone district that has a floor area ratio (FAR), a floor area bonus of the lesser of twenty-five (25) percent of the allowable floor area for the lot or parcel or the size of the historic structure(s) shall be provided for the historic structure(s). However, this bonus shall not be available to properties in the VC and VR zone districts. 6-30-70: EXEMPTION FOR LARGE LOTS PARCELS (500+ ACRE PARCELS) A GMQS exemption is provided to create an incentive for owners to maintain land in large lots parclesparcels as follows: (a) 500+ Acre Parcels One single-family dwelling unit up to final maximum floor area allowed in the Countyfifteen thousand (15,000) square feet of floor area shall be exempt from GMQS on any parcel of five hundred (500) acres or more in size. For the sake of clarity,, (except where codified Caucus floor area limitations exist, they shall apply)zoning overlays have been established and approved by the BOCC, the maximum floor area shall be the more restrictive of the applicable zoning overlay or the final maximum floor area permitted in the County. Approval of this exemption shall be, subject to compliance with the following standards: (1) BOCC approval It shall be necessary to apply for an obtain Sspecial Rreview and Activity Envelope approval from the BOCC in order to utilize the GMQS Exemption for five hundred (500) acre parcels. BOCC approval is discretionary, and the BOCC may deny the application on any reasonable basis. (2) Conservation EasementDeed Restriction against Further Subdivision Prior to or concurrent with recordation of final approval of an Activity Envelopeany final approval of a Site Plan or building permit issuance, whichever occurs first, the land property that is the subject of the exemption shall be placed in a conservation easement running to the benefit of the Board of County Commissioners of Pitkin County, Colorado. At the request of the Applicant and if agreed to by the BOCC, the conservation easement may, in addition to Pitkin County, be held by a co-holder. The Conservation Easement shall be reviewed by the Pitkin County Open Space and Trails Board of Trustees, which will make a recommendation to the BOCC regarding whether to accept the Formatted: Justified Formatted: Justified Formatted: Justified Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 12 Conservation Easement or not. Any such Conservation Easement shall be in a form acceptable to the Pitkin County Attorney’s Office, shall prohibit further subdivision, and may only permit the following development on the propertymust be deed restricted against further subdivision or development of other than: (a) One single family dwelling unit; (b) Preservation and expansion of historic dwelling units or structures; (c) Accessory One caretaker dwelling unit;s or (d) Accessory structures; , including a (e) agricultural buildings; and (fd) Infrastructure associated with the approved site specific development plan. (2) Affect of Reconfiguration If the parcel that is subject to the deed restriction is subsequently reconfigured, then the area of the parcel as it existed at the time of recordation of the deed restriction shall not be utilized to provide an additional exemption from GMQS for a newly created lot or parcel. (3) Previous Approvals On properties which received a five hundred (500) acre growth management exemption approval prior to July 5, 2006, residential developmentone (1) single family dwelling unit of up to fifteen thousand (15,000)the allowable Final Maximum Floor Area in the applicable zone district square feet of floor area (or up to floor area granted in previous approval, if less than fifteen thousand (15,000) square feet) shall be exempt from GMQS, regardless of codified Caucus floor area limitations. Prior to or concurrent with recordation of any final approval of a Site Plan, the property shall record a that is the subject of this must be deed restricted against further subdivision of the property. (4) Floor Area Vesting The BOCC Special Review Approval mayshall perpetually extend or establish unique vested rights for Floor Area available for the propertyvest the property as to the approved Floor Area, which shall be based on the Final Maximum Floor Area applicable to the property at the time of Formatted: Indent: Left: 1.5" Formatted: Justified Formatted: Justified, Indent: Left: 1" Formatted: Justified Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 13 approval. Any unique vested right for floor area shall be memorialized in a development agreement. Other than Floor Area, the property shall not receive perpetual vesting from any other zoning or land use code changes. (b) Two-Year Review Codified Caucus floor area limitations (within the Exemption for Large Lots provisions only) shall be reviewed by the Board of County Commissioners after two (2) years from October 11, 2006. The purpose of the review will be to determine whether the Caucus floor area limitations within the provisions shall be retained, modified or repealed. Exemption for Parcels Created in the Low Impact Residential (LIR) Zone District Pursuant to the Cluster Option 6-30-80: EXEMPTION FOR PARCELS CREATED IN THE LIR ZONE DISTRICT An exemption is provided for one (1) single-family dwelling unit containing up to eight thousand two hundred and fifty (8,250) square feet of floor area on a parcel created in the Low Impact Residential (LIR) zone district pursuant to the cluster option specified in Sec. 3-40-50(d). (Code Revised (all sections) by Ord. No. 014-D, 2006, 07-05-06; § 6-30-70 (part) amended by Ord. 030, 10-11-06; Ord. 021-07, 07-24-07) 6-30-90: EXEMPTION FOR DEVELOPMENT IN THE CONSERVATION DEVE LOPMENT PUD (CD-PUD) ZONE DISTRICT An exemption is provided for development in the Conservation Development PUD (CD-PUD) zone district as specified in Sec. 3-70-40(h)(3) for the Residential Development Option 1, Sec. 3-70-40(i)(4) for the Commercial Agricultural Development Option 2, and Sec. 3-70-40(j)(4) for the Residential/Agricultural Development Option 3. In addition, an associated exemption is provided for aggregation of development rights from an adjacent parcel into a CD-PUD as specified below in Sec. 6-30-100(a)(9) for the Residential/Agricultural Development Option 3. An PUD) zone district as specified in Sec. 3-70-40(g)(3) for the Residential Development Option and Sec. 3-70-40(h)(4) for the Commercial Agricultural Option. Exemption is provided for development in the Conservation Development PUD (CD- The existing structures on the lot or parcel may also be replaced, subject to compliance with Sec. 6-30-110(c). (Code repealed and reenacted (all sections) by Ord. 014-D-2006, 07-05-06; § 6-30-90 amended (part Ord. 030-2016, 12-21-2016) Ord. 019-2009, 06-24-2009 Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 14 6-30-100: EXEMPTION FOR DEVELOPMENT OF UP TO 5,750 SQUARE FEET OF RESIDENTIAL FLOOR AREA ON CERTAIN TYPES OF PRE-EXISTING LOTS A GMQS exemption is provided for the development of residential floor area in the following situations, subject to compliance with the standards in this section. (a) Exemption for any Lot or Parcel that was Legally Created Before June 12, 1978 The development of residential floor area on a lot or parcel legally created before June 12, 1978, may be exempted from Growth Management. This GMQS exemption may be used to develop one single-family dwelling unit and accessory structures that count as floor area, subject to compliance with all other applicable provisions of this Land Use Code and the following additional standards: (1) Without Existing Structures If the lot or parcel is not improved with any structures that count as floor area, then the applicant may develop up to the base maximum size permitted by Table 5-1 on the lot or parcel that is exempt from Growth Management. (2) With Existing Structures Under 5,750 Square Feet If there are existing structures on the lot or parcel that count as floor area, then the applicant may expand the structures or develop a new structure(s), up to a cumulative limit equal to the base maximum size permitted by Table 5-1 on the lot or parcel. If there is already an existing single-family dwelling unit on the lot or parcel, then the applicant may not use the remaining square footage to create an additional dwelling unit of density. (3) With Existing Structures of 5,750 Square Feet or More If the existing structures on the lot or parcel already contain floor area equal to or greater than the base maximum size permitted by Table 5-1, then the applicant cannot obtain additional floor area via this exemption. The applicant may obtain additional floor area by utilizing transferable development rights to obtain an exemption from GMQS or by competing for an allotment in the Residential GMQS. (4) Replacement of Existing Structures The existing structures on the lot or parcel may also be replaced, subject to compliance with Sec. 6-30-110(c). Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 15 (5) Limitation on Additions A new dwelling unit created through this exemption may be expanded at any time by utilizing transferable development rights to obtain an exemption from GMQS or by competing for an allotment in the Residential GMQS. (6) Floor Area Reserved Development constructed pursuant to this exemption that results in less floor area than the base maximum size permitted by Table 5-1 on the lot or parcel shall be entitled to expand up to the base maximum size permitted by Table 5-1 in any future development at any future date. (7) Governmental Lands Not qualified Lands owned or controlled by any governmental entity or division on or before June 12, 1978, do not qualify for this exemption. (8) "Fathering Parcel" Retains Exemption Even if Reconfigured After June 12, 1978 An original "fathering parcel" that was legally configured as of June 12, 1978, retains one GMQS exemption subject to the limitations of this section, notwithstanding any reconfiguration of the parcel after June 12, 1978. The exemption shall be granted to the parcel that seeks the exemption first in time, or designated in the subdivision or division of the original fathering parcel. (9) Use of Growth Management Exemption on Adjacent Parcel The growth management exemption may be used on a contiguous parcel under separate ownership or an adjacent parcel under the same ownership that is separated from the fathering parcel by a public road or other right-of-way, subject to Special Review and the following additional standards: (a) The use of the growth management exemption shall: (1) Promote the clustering of buildings and uses; (2) Promote the preservation of open space, agricultural lands and/or wildlife habitat areas; (3) Take advantage of a site’s unique natural resources and scenic features, and avoid or mitigate any hazardous areas. Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 16 (b) The receiving parcel shall contain a minimum of two (2) times the minimum lot area in the zone district to be eligible to receive the growth management exemption; (c) When this growth management exemption is used in conjunction with a CD-PUD Residential Agricultural Development Option 3, the fathering parcel shall contain a minimum of 35 acres or an aggregation of smaller, contiguous parcels that combine for a minimum of 35 acres, and the aggregated development rights (floor area) may be clustered into one or two principal dwellings such that the density of units is reduced. For example, where a CD-PUD allows two principal dwellings and the adjacent parcel being added to the CD-PUD allowed another dwelling, the transferred floor area shall be used in a total either one principal dwelling or two clustered dwellings. In no event can the resulting development exceed applicable floor area limitations of the zone district. (d) A deed restriction shall be recorded against the fathering parcel to memorialize the extinguishment of growth management exemption on the fathering parcel and the use of the growth management exemption on the receiving parcel, prior to the approval of the Site Plan, subdivision plat or other development approval for the receiving parcel. (b) Growth Management Exemption For Board-Approved Subdivisions, Fully Developed Land Subdivision Exemptions, and 35 Acre Parcels Created Prior to January 10, 2000 and Located Within the Crystal River or Frying Pan Areas (1) The development of residential floor area on a lot or parcel in the following situations is exempt from GMQS, subject to compliance with the standards in this section: (a) A subdivision within the Rural Area approved by the Board of County Commissioners prior to June 19, 2000, and a subdivision within the Aspen Urban Growth Boundary approved by the Board prior to the 5th of July, 2006; (b) A low impact subdivision approved by the Board; (c) A lot split approved by the Board prior to June 19, 2000; (d) A lot in a pre-1989 fully developed lands subdivision exemption approved by the Board; and Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 17 (e) A parcel of thirty-five (35) or more acres created prior to January 10, 2000 and Located within the Crystal River or Frying Pan Areas. (f) Substandard sized lots separated by action of the Board of County Commissioners pursuant to Sec. 9-20-30. (2) This GMQS exemption may be used to develop one (1) single-family dwelling unit and accessory structures that count as floor area, subject to compliance with all other applicable provisions of this Land Use Code and the standards in subsections (a) through (f) below. (a) Without Existing Structures If the lot or parcel is not improved with any structures that count as floor area, then the applicant may develop a dwelling unit up to the base maximum size permitted by Table 5-1 on the lot or parcel that is exempt from Growth Management. (b) With Existing Structures Under 5,750 Square Feet If there are existing structures on the lot or parcel that count as floor area, then the applicant may expand the structures or develop a new structure(s), up to the cumulative limit that the base maximum size permitted by Table 5-1 on the lot or parcel. If there is already an existing single-family dwelling unit on the lot or parcel, then the applicant may not use the remaining square footage to create an additional dwelling unit of density. (c) With Existing Structures of 5,750 Square Feet or More If the existing structures on the lot or parcel already contain a dwelling unit of up to the base maximum size permitted by Table 5-1, then the applicant cannot obtain additional floor area via this exemption. The applicant may obtain additional floor area by utilizing transferable development rights to obtain an exemption from GMQS or by competing for an allotment in the Residential GMQS. (d) Replacement of Existing Structures The existing structures on the lot or parcel may also be replaced, subject to compliance with Sec. 6-30-110(c). (e) Limitation on Additions Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 18 A new dwelling unit created through this exemption may be expanded at any time by utilizing transferable development rights to obtain an exemption from GMQS or by competing for an allotment in the Residential GMQS. (f) Floor Area Reserved Development constructed pursuant to this exemption that results in a dwelling unit smaller than the base maximum house size permitted by Table 5-1 on the lot or parcel shall be entitled to expand up to the base maximum size permitted by Table 5-1 in any future development at any future date. (3) Pursuant to BOCC Ordinance 02-2013 and Resolution 99-124, the development of residential Floor Area on a lot in the Meadowood Subdivision is exempt from GMQS up to 5,750 sf of Gross Floor area OR the total of the amount allowed by multiplying .13 of the Lot Area PLUS the amount of Floor Area allowed pursuant to BOCC Resolution 99-124, OR 5,750 sf of gross floor area, whichever is greater, (and which may exceed 5,750 sf total). BOCC Resolution 99-124 allows Lots 3 and 4, Block 1, Filing 1, .13 of Lot Area plus an additional 4,400 sf of floor area. All other lots in the Meadowood Subdivision are allowed 0.13 of Lot Area plus an additional 2,528 sf of Floor Area. (4) Pursuant to a 1984 Agreement recorded at Reception No. 468382, between the BOCC and Bradford, Inc., Brattleboro, Inc., Lotawana, Inc., Penobscott, Inc., Rondelay, Inc., and Westcliffe, Inc., the parcels known as Star Mesa are each allowed 15,000 sf of Gross Floor Area without GMQS Allocation or TDR purchase (Base Floor Area). (5) Lots in the Eagle Pines Subdivision are each allowed 11,500 sf of Gross Floor Area exempt from Growth Management without GMQS allotment or TDR purchase. The 11,500 sf exemption is based on court decisions and subsequent legal determinations. (6) Pursuant to Section 1-70-20(3), each lot in The Preserve Subdivision is allowed 12,823 sf of Floor Area exempt from Growth Management without GMQS allotments or TDR purchase. Based on the AF-2 zone district and BOCC resolution 85-69, a total of 141,063 sf of floor area was approved for the 11 lots in the subdivision plus the lot formerly known as the “Smith parcel” (PID 273717311012). The amount of floor area assumed per lot was calculated as follows: Minimum lot area multiplied by the maximum allowable density divided by the number of lots. 7356 sf x 21 / 12 = 12,873 sf. Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 19 (Code Revised (all sections) by Ord. No. 014-D, 2006, 07-05-06; § 6-30-100 (part) amended by Ord. 002.2013, 01-23-13; Ord. 030.16, 12-21-2016; Ord. 011-2022, 02-23-2022 6-30-110: EXEMPTION FOR REMODELING AND REPLACEMENT A GMQS exemption is created for remodeling or replacement of existing floor area, commercial structures and tourist accommodation units, as follows: (a) General Standards An exemption for remodeling, replacement, and additions shall comply with all other applicable provisions of this Land Use Code and the following standards: (1) Legally Created Structure The applicant shall demonstrate that the structure proposed for remodel or replacement was legally created by producing a valid copy of the building permit for the structure. In the event a valid building permit for a structure cannot be provided, remodeling or replacement may occur if the applicant demonstrates that the structure was built prior to the issuance of County building permits. (2) Non-Conforming Structures The remodeling, replacement, or addition to a non-conforming structure shall comply with the standards of Sec. 9-40 as applicable. (3) No Change of Use The use of the structure shall not be changed as part of the exemption for the remodel or replacement. The provisions of Sec. 6-30-160 shall be used to determine whether a proposed development is considered to be a change in use. (4) Location The remodeling or replacement shall occur on the same lot or parcel on which the existing structure is located, but shall not be limited to the same footprint as the structure being remodeled or replaced. (b) Exemption for Remodeling (1) Residential Structures Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 20 Remodeling of residential structures may be exempted from Growth Management, provided that the floor area of the structure shall not be increased, unless additional floor area is obtained by utilizing transferable development rights or by competing for an allotment in the Residential competition system. (2) Commercial Structures and Tourist Accommodation Units The remodeling of a commercial structure or tourist accommodation unit may be exempted from Growth Management, provided that the existing commercial floor area shall not be expanded and the number of tourist accommodation units shall not be increased unless an exemption is obtained pursuant to Sec. 6-30-150 or an allotment is obtained by competing in the Commercial/Tourist Accommodations competition system. (c) Exemption for Replacement of Residential Floor Area The replacement of legally established residential floor area on a lot or parcel in a Board-approved subdivision, on a lot or parcel legally created and configured prior to June 12, 1978, or on a thirty-five (35) or more acre parcel legally created prior to January 10, 2000, and located within the Crystal River or Frying Pan areas may be exempted from Growth Management, subject to the following: (1) Replacement Size Limited (a) If the total size of the structure(s) on the lot or parcel is less than or equal to the base maximum size permitted by Table 5-1, then the existing structure(s) can be replaced and can be expanded, up to a total of the base maximum size permitted by Table 5-1 on the lot or parcel. (b) If the total size of the structure(s) on the lot or parcel is more than the base maximum size permitted by Table 5-1, then the existing structure(s) may be replaced, but these structures may not be expanded without obtaining either a GMQS allotment or transferable development rights. (c) Demolished square footage of structures not attached to the principal dwelling unit may not be combined with the replacement square footage of the principal dwelling unit to develop a replacement dwelling unit that is larger than the existing unit, except that up to seven hundred fifty (750) square feet of detached garage area may be replaced with the same number of square feet in an attached garage. Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 21 (2) Relocation May Be Required The County may require the replaced dwelling unit to be relocated within the same lot or parcel, if such relocation would result in the replaced structure avoiding a Constrained Area (as defined in Sec. 7-10-50 or would result in a less severe impact from development upon a Constrained Area. (3) Replacement Required Within Two (2) Years of Demolition An applicant who has received an exemption to replace existing floor area shall be required to obtain a building permit for the replacement floor area no more than two (2) years after the date of having received the exemption. Failure to obtain the building permit within the two (2) year period shall render the replacement exemption null and void for the lot or parcel. (4) Fathering Parcel Retains Exemption Even if Reconfigured After June 12, 1978 If the parcel is reconfigured and results in the creation of more than one parcel, the original "fathering parcel" that was legally configured as of June 12, 1978, shall retain one replacement exemption as provided in Sec. 6-30-100(d)(1), subject to the limitations of this section. The exemption shall be granted to the parcel designated upon subdivision or division of the original fathering parcel, or if no parcel is so designated, then to the parcel that seeks the exemption first in time. Reconfiguration of the parcel through lot line adjustment shall not affect the availability of the replacement exemption. (5) Limitation on Additions A replacement dwelling unit created through this exemption may be expanded at any time by utilizing transferable development rights to obtain an exemption from GMQS or by competing for an allotment in the Residential GMQS. (d) Exemption for Replacement of Commercial Structures and Tourist Accommodation Units The replacement of legally established commercial structures and tourist accommodation units may be exempted from Growth Management, subject to the following: Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 22 (1) The existing commercial floor area shall not be expanded and the number of tourist accommodation units shall not be increased unless an exemption is obtained pursuant to Section 6-30-150 or an allotment is obtained by competing in the Commercial/Tourist Accommodations competition system. An applicant who has received an exemption to replace an existing commercial structure or tourist accommodations unit shall be required to obtain a building permit for the replacement structure or unit no more than two (2) years after the date of having received the exemption. Failure to obtain the building permit within the two (2) year period shall render the replacement exemption null and void for the lot or parcel. 6-30-120: EXEMPTION FOR CIVIC AND INSTITUTIONAL USES The development of civic and institutional uses may be exempted from GMQS subject to compliance with this section. (a) General To be eligible for an exemption from GMQS an applicant shall demonstrate that the development: (1) Is listed in Table 4-1 as a Civic or Institutional use, and provides a basic or fundamental public service or public amenity, will be available to the general public or will be held for the public's benefit, serves primarily the local community, provides facilities in response to growth, and is not itself a growth generator; or (2) Is a necessary facility of a non-profit institution whose mission is consistent with the purposes of this Land Use Code and with the goals and policies of the Comprehensive Plan. (b) Employee Mitigation The applicant shall agree to mitigate any employees that are generated by the proposed development, as specified in Sec. 8-30. (c) Parking The applicant shall accommodate the parking necessary on-site or in another appropriate location to serve the proposed development. (d) Facilities Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 23 The applicant shall agree to provide any improvements to water supply, sewage treatment, drainage control, fire and police protection, roads, transit, trails schools, library, hospital, and parks that are necessitated by the proposed development. (e) Environmental and Visual Resources The applicant shall mitigate any adverse impacts on the community's air, water, land, and other natural resources and any adverse visual impacts on surrounding properties that are caused by the proposed development. 6-30-130: EXEMPTION FOR NEW LOTS CREATED WITHIN THE VILLAGE COMMERCIAL (VC) AND VILLAGE RESIDENTIAL (VR) ZONE DISTRICTS A GMQS exemption for each single family dwelling unit is provided for new lots created within the VC and VR zone districts pursuant to the provisions of Sec. 2-30-30 as follows: (a) Dwelling Units Limited in Size The single family dwelling units exempted from GMQS shall be limited to the maximum floor area permitted in the applicable zone district. (b) Fathering Parcel Retains Exemption The original fathering parcel retains one (1) GMQS exemption, which shall be designated in the subdivision of the original fathering parcel. (c) Replacement Limited An existing non-historic structure that is non-conforming in the VC or VR zone districts and is located on a lot or parcel created pursuant to the subdivision exemption in Sec. 2-30-30 may only be replaced subject to compliance with all of the dimensional standards in the applicable zone district and the Redstone Historic Preservation Guidelines. 6-30-140: EXEMPTION FOR ACCESSIBLE (ANSI) RESIDENCES A GMQS exemption is provided for single-family residences utilizing floor area, which is exempted from floor area calculations pursuant to Section 5-20-70 (k). Repealed Ord. 011-2011-08-20-2011, reinstated Ord.038-2012, 12-19-2012 6-30-150: COMMERCIAL AND TOURIST ACCOMMODATIONS DEVELOPMENTS WITH INSUBSTANTIAL GROWTH IMPACTS Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 24 A GMQS exemption is provided for commercial development and tourist accommodations with insubstantial growth impacts. For a development to qualify for this exemption, the applicant shall demonstrate that: (a) Size Limitation The development contains no more than one thousand (1,000) square feet of new commercial floor area or no more than three (3) new tourist accommodation units. (b) Employee Generation The development will generate an insubstantial number of additional employees. For purposes of this section, insubstantial shall mean that the development will generate no more than three (3) additional employees. (c) Parking Demand The development will generate an insubstantial demand for additional parking and the parking that is needed will be accommodated on-site or in another appropriate location. For purposes of this section, insubstantial shall mean that the development will generate the demand for no more than five (5) additional parking spaces. (d) Facilities The development will generate an insubstantial demand for basic governmental facilities such as water supply, sewage treatment, drainage control, fire and police protection, and roads, will place an insubstantial burden on the community's bus system, schools, library, hospital, and park/trail system. For purposes of this section insubstantial shall mean that the development will not generate the need for any new capital improvements (other than minor improvements needed to directly serve the development, such as a water service line or a driveway), and will not generate the need for any new staffing by governmental personnel. Any minor improvements that are determined to be necessary to serve the development shall be provided by the applicant. (e) Environmental and Visual Impacts The development will cause an insubstantial adverse impact on the community's air, water, and other natural resources and will cause negligible adverse visual impacts on surrounding properties. Any such adverse impacts that are caused by the development shall be mitigated by the applicant. 6-30-160: CHANGE IN USE Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 25 A GMQS exemption is provided for change in use of an existing structure from the residential, commercial, or tourist accommodation use categories to another such category. For example, the conversion of a residential dwelling unit into an office is considered to be a change of use for growth management purposes. The conversion of an office into a retail business is not considered a change of use for growth management purposes, though it may be considered a change of use for other purposes (such as special review) in this Land Use Code. For a development to qualify for this exemption, the applicant shall comply with the following requirements: (a) Legally Created The applicant shall demonstrate that the structure in which the change in use is proposed was legally created by producing a valid copy of the building permit for the structure. In the event a valid building permit for a structure cannot be provided, the applicant shall demonstrate that the structure was built prior to the issuance of County building permits. (b) Employee Mitigation The applicant shall agree to mitigate any employees that are generated by the proposed change in use, as specified in Sec. 8-30. (c) Parking The applicant shall accommodate the additional parking needed on-site or in another appropriate location the additional parking needed to serve by the proposed change in use. (d) Facilities The applicant shall agree to provide any improvements to water supply, sewage treatment, drainage control, fire and police protection, roads, transit, trails schools, library, hospital, and parks that are necessitated by the proposed change in use. (e) Environmental and Visual Impacts The development will cause an insubstantial adverse impact on the community’s air, water, and other natural resources and will cause negligible adverse visual impacts on surrounding properties. Any such adverse impacts that are caused by the development shall be mitigated by the applicant. 6-30-170: MINOR EXPANSION OF A MULTI-FAMILY DWELLING UNIT IN THE RMF ZONE DISTRICT Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 26 A GMQS exemption is provided for minor expansions to a multi-family dwelling structure or individual dwelling unit in the RMF zone district. The GMQS exemption for a minor expansion to a multi-family dwelling unit is limited to construction of a subgrade floor area. (Code Revised (all sections) by Ord. No. 014-D, 2006, 07-05-06; § 6-30-70 (part) amended by Ord. 030, 10-11-06; Ord. 029-2012, 10-24-2012; Ord. 021-07, 07-24-07); Ord. 031-2013, 12-18-2013 6-30-180: EXEMPTION FOR GREENHOUSES THAT ARE NOT CUSTOMARILY ACCESSORY TO A PRINCIPAL RESIDENTIAL USE A GMQS exemption is provided for greenhouses in the RS-160, RS-35, RS-30, RS-20, AR-10, AR-2, R-30 and T zone districts that are not customarily accessory to a principal residential use, if approved through Special Review pursuant to Sed.2-30-30(h)(2) and subject to compliance with the following requirements: a) Size/Scale: The greenhouse(s) shall be of a size and scale that relates to the size and scale of the agricultural operation on-site. b) Employee Generation: No mitigation is required for any employees that are not generated by a greenhouse(s). c) Traffic/Parking: The applicant shall limit vehicular tips and shall limit deliveries to/from the greenhouse(s) to specific hours. Adequate parking shall be provided on-site. d) Facilities: The applicant shall agree to provide any improvements to public facilities and services that are necessitated by the greenhouse(s). e) Environmental and Visual Impacts: The greenhouse(s) shall not cause a substantial adverse impact on the community’s air, water and other natural resources, and shall not cause significant adverse visual impacts on surrounding properties. Any such adverse impacts that are caused by the greenhouse(s) shall be mitigated by the applicant.