HomeMy WebLinkAboutbocc.ord.012.2004 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY. COLORADO, AMENDING THE FOLLOWING SUB-SECTIONS OF THE PITKIN
COUNTY LAND USE CODE:
9-100-020(B)(3), RURAL AREA GROWTH MANAGEMENT APPLICABILITY; 9-110-042,
GROWTH MANAGEMENT INCENTIVE FOR DEVELOPMENT UTILIZING
TRANSFERABLE DEVELOPMENT RIGHTS ("TDRS"); AND 9-110-051. EXEMPTION FOR
ONE LARGE-SIZED SINGLE-FAMILY DWELLING UNIT TO ADDRESS LOW IMPACT
SUBDIVISIONS AND LOT SPLITS:
9-120-022, RURAL AREA RESIDENTIAL GROWTH MANAGEMENT ALLOTMENTS AND
COMPETITION - ANNUAL RESIDENTIAL ALLOTMENT CEILINGS;
AND ADDING SUB-SECTION 9-110-045. GROWTH MANAGEMENT INCENTIVE FOR
PARCELS CREATED IN THE LOW IMPACT RESIDENTIAL (L1R) ZONE DISTRICT
PURSUANT TO THE PUD OPTION
ORDINANCE NO.~l ~-2004
RECITALS
1. l'he Community Development Department is proposing to amend several provisions of the Land Use
Code to address issues that have been raised by the BOCC. Planning Commission and staff.
2. The Pitkin Comity Planning and Zoning Commission considered the proposed code amendments at a
regularly scheduled meeting on January 6. 2004. and recommended approval by a vote of 5-0.
3. The BOCC approved the proposed code amendments at a duly noticed public hearing on first reading
on Februar~ 11. 2004 by a vote of 4-1. and voted to approve the proposed amendments on second reading
on February 25. 2004 by a vote of 4-0.
4. The BOCC finds that the proposed code amendments are consistent with the applicable provisions of
the Code.
5. The BOCC further finds that the proposed reductions in the growth management allotment ceilings are
justified in order to stimulate the use of TDRs and to create competition for growth management allotments.
NOW, THEREFORE, BE IT ORDAINED by the BOCC that it hereby amends Title 1I of the
Pitkin County Code, the Land Use Code, as follows in Attachment A.
NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 31st day of January,
2004.
INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the 11th day of February, 2004.
APPROVED AND ADOPTED AFTER SECOND READING on the 25th day of February, 2004.
PUBLISHED AFTER ADOPTION in the AsPen Times Weeklv on the ~'b~ day of ~]l~J. ~,~, ,2004.
THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING
FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS.
Ordinance No. ~ ~--2004
Page 2
APPROVED AS TO FORM:
Joh~
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Dorothea Farris, Chai~
Date
APPROVED AS TO CONTENT:
Cindy Houben,
Community Development Director
ATTACHMENT A
I. REPEAL AND REENACT LAND USE CODE SUB-SECTION 9-110-020, RURAL AREA GROWTH
1VIANAGEMENT PURPOSE AND APPLICABILITY
9-100-020 Applicability
A. General. All growth within the rural area of Pitkin County is governed by Growth
Management and shall require either a Growth Management allotment or qualify for and receive
an incentive or exemption. For purposes of this provision growth includes:
1. Any development of a new or redevelopment of an existing residential structure and/or
agricultural building requiring a building permit, including all new structures, any remodeled
structures, any additions to existing structures and any replacement structures.
2. Any development of a new or redevelopment of an existing commercial structure
requiring a building permit, including all new structures, any remodeled structures, any additions
to existing structures and any replacement structures.
3. Any development of a new or redevelopment of an existing tourist accommodation unit
requiring a building permit, including all new structures, any remodeled structures, any additions
to existing structures and any replacement structures.
B. Vesting and Applicability Exemptions. This provision shall not apply to:
1. Site Specific Development Plans Approved Prior to June 19, 2000 Within the Statutory
Vesting Period As Set Forth in Section 4-140. If statutory vesting is determined by the County
Attorney's office, the property in issue shall not be required to seek any incentives/exemptions
from Growth Management or development allotments to the extent of the Site Specific
Development Plan approval, subject to the following:
a. The definition of floor area in effect at time of building permit shall apply as a rule of
general applicability.
b. If no floor area was specified in the development permit for the Site Specific
Development Plan, the property may be developed with the uses/structures approved by the
development permit up to the floor area permitted in the underlying zone district. Growth
Management shall be applicable to any new structures which were not approved through the
Site Specific Development Plan.
c. At the end of the statutory vesting period, these Growth Management provisions shall be
fully applicable to the property as allowed by State law.
2. Unexpired Development Allotments Awarded Prior to June 19, 2000. If a development
allotment was awarded prior to June 19, 2000, and has not expired, the property in issue shall
not be required to seek any further development allotments to develop as originally approved,
provided that:
a. 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
Ordinance No. ~[~-2004
Attachment A - Page 2
shall apply as a rule of general applicability. If no floor area was specified in the development
permit, the property owner shall be entitled to develop a single-family dwelling unit with up to
five thousand, seven hundred fifty (5,750) square feet of floor area as set forth in Subsection 9-
110-051.
b. If the development proposed exceeds the number of units or floor area of the original
development allotment and development permit, an incentive/exemption from Growth
Management or development allotment shall be required for the additional development.
c. If the development allotment is associated with a Site Specific Development Plan
approval which is statutorily vested, then Subsection 9-100-020(B)(1) shall apply.
3. County-Approved Subdivisions~_l~ow Impact Subd visions. Lot Splits and PUD Approvals
Specifying the Square Footage AIIowedl Any County-approved subdivisio~f, Iow impact
subdivision, lot split and/or planned unit development which was approved 'Prior to Ju~-e 19,
2000, which specified the floor area allowed in the development permit shall be permitted to
develop as originally approved, provided that:
a. 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. If no floor area was specified in the development
permit, the property owner shall be entitled to develop a single-family dwelling unit up to five
thousand, seven hundred fifty (5,750) square feet of floor area as set forth in Subsection 9-110-
051.
b. If the development proposed exceeds the number of units or floor area of the original
development allotment and development permit, an incentive/exemption from Growth
Management or development allotment shall be required for the additional development.
c. If the County-approved subdivision or PUD is associated with a Site Specific
Development Plan approval which is statutorily vested, then Subsection 9-100-020(B)(1) shall
apply.
4. Any Property Determined by a Court of Law or the County to be Vested Under the
Common Law of the State of Colorado. The extent of any common law vesting and 'the
applicability of the Growth Management provisions shall be made on a case-by-case basis. (Ord. 023-2000,
Att. A)
II. REPEAL AND REENACT LAND USE CODE SUB-SECTION 9-110-030, RURAL AREA GROWTH
MANAGEMENT INCENTIVES AND EXEMPTIONS - GENERAL DESCRIPTION
9-110-030 General Description of Rural Area Growth Management Incentives and
Exemptions
The following table contains a list of the incentives and exemptions available from Growth
Management within the Rural Area and the applicable Code section:
Ordinance No. ~/~-2004~
Attachment A - Page 3
Code i Incentive/
Section
§9-110-
041
§9-110- i Incentive
042 and
see § 3-
310
Exemption Description of Incentive/Exemption
Incentive for deed restricted dwelling units:
Incentive i Deed Restricted Category 1-4 Sale Affordable Housing or
i Publicly owned Category 1-4 Affordable Housing
Resident Occupied Deed Restricted Sale Units or Publicly
i owned Resident Occupied Units
i Deed Restricted Caretaker Dwelling Units
....................... I Affordable Housing Preservation Zone units
Incentive for Development Utilizing Transferable Development
Rights ("TDRs"):
Growth Management Exemption For New L-etsDwellinq Units
Growth Management Exemption For Additional Floor Area For
Existing Development
Growth Management Exemption to Exceed 15,000 Square Feet
of floor area
~ Incentive for Preservation of Historic Structures:
§9-110- i Incentive One Additional Single-FamilY Unit Limited t° 51750 square Feet
043 of floor area on a Parcel/Lot Which Contains an Historic
i Dwellinq Unit
Incentiv~e for Large Lots (RS-160 Lots or 500+ Acre Lots)
§9-110- Incentive One single-family unit up to 15,000 square feet of floor area on
044 RS-160 parcels/lots or parcels/lots greater than 500 acres
§9-110- incentive Incentive for Parcels created in the Low Impact Residential
04_ 5 Zone District Pursuant to the PUD Option
Exemption for One Large-Sized Single-Family Unit up to 5,750
§9~110- Exemption Square feet of Floor Area on:
051 Lots Located in a Subdivision= Low Impact Subdivision or Lot
_SLtit Approved by the County Prior to June 19, 2000
Parcels Legally Created and Configured Prior to June 12, 1978
Thirty-Five or More Acre Parcels Created to Prior to January
10, 2000, and Located in the Crystal River or Frying Pan Areas
I Exemption for Remodels, Smaller Additions and Replacement
§9-110- ExemPtion Units:
052 I Inlimif~H r~rn~M~le tn~ ;r~ ...... ;,~ ~1,< ....... ii ..... .~x
area allowed)
One Replacement of a Single-Family Unit Limited to the larger
of the Floor Area of the Original Structure or the large-sized
unit exemption (5,750 square feet of floor area), if applicable
~ Replacement of additional structures limited to the floor area of
the replaced structure and the original building footprint, unless
special review approval is obtained
Additions up to 1000 square feet of f oor area
053 Exemption
§9-110- ~ Exemption for Creation of Open Space Parcels and Creation of
054 Exemption Parce s for Conveyance to Pub c Ent t es for Publ c Purposes
~::i';i¥ ' ~'~i'~ ~:'"~i~;~i~ ~0)'i~l~0 i'r~P-rov~r~nt's
055 .... ~ Ex~p_t,ig,n..
Ordinance No. ~(~-2004
Attachmenl A - Page
III. REPEAL AND REENACT LAND USE CODE SUB-SECTION 9-110-042, RURAL AREA GROWTH
MANAGEMENT INCENTIVE FOR DEVELOPMENT UTILIZING TRANSFERABLE DEVELOPMENT RIGHTS
9-110-042 Incentive for Development Utilizing Transferable Development
Rights ("TDRs")
The transfer of development rights (TDRs) from preservation sites located in the Rural/Remote
Zone District may provide an exemption from Growth Management subject to compliance with
section 3-310. The review process shall be as follows:
A. New ~=e~sDwellinq Units. TDRs may provide an exemption from Growth Management for
new dwelling units em~ewyerea~e~4et-s-as provided in Section 3-310, subject to a (weone-step
special review process.
B. Additional Floor Area for County Approved Subdivisions, Low Impact Subdivisions and
Lot Sp!!t_s. Additional floor area up to fifteen thousand (15,000) square feet
~A~res~in County approved subdivisions, Iow impact subdivisions and lot splits, may be
exempted from Growth Management without special review through the utilization of TDRs as
provided in Section 3-310. The only approval required shall be a Certificate of Exemption as
provided in Subsection 9'150-21.
C. Additional Floor Area for Pre-1978 Parcels. Additional floor area up to fifteen thousand
(15,000) square feet fer-e.v, isti,qg~structures on pre-1978 parcels may be exempted from Growth
Management through the utilization of TDRs as provided in Section 3-310, subject to a one-step
special review process. The one-step special review shall be conducted by the Hearing Officer,
or, if additional land use approvals are required, the lowest reviewing body conducting the other
review.
D. Additional Floor Area in Excess of 15,000 Square Feet. Additional floor area in excess
of fifteen thousand (15,000) square feet fer-~i$¢c~--st-r~et~r-es-may be exempted from Growth
Management if allowed in the underlying zone district through the utilization of TDRs as
provided in Section 3-310, subject to a one-step special review process.
E. Additional Floor Area for Properties with Development Rights Approved Through Growth
Management. Additional floor area up to fifteen thousand (15,000) square feet for properties
with development rights that have been awarded base square footage allotments through the
County's growth management scoring and competition procedures may be exempt from Growth
Management through the utilization of TDRs as Provided in section 3-310, subject to a one-step
special review process and limited to the maximum square footage specified in the growth
management competition. One-step special review shall be conducted by the Hearing Officer,
or, if additional land use approvals are required, the lowest reviewing body conducting the other
review. (Ord. 021-2000, Att. A: Ord. 023-2000, Att. A)
IV. ADD A NEW LAND USE CODE SUB-SECTION 9-110-045, RURAL AREA GROWTH
MANAGEMENT INCENTIVE FOR PARCELS CREATED IN THE LOW IMPACT RESIDENTIAL ZONE
DISTRICT PURSUANT TO THE PUD OPTION
9~1 t0-045 Incentive for Parcels created in the Low Impact Residential (LIR) Zone District
Pursuant to the PUD Option --
Ordinance No. ~)]~-2004
Attachmen! A - Page
A Growth Management Exemption is provided for one sinqle-family dwellinc~ unlit up to e pht
thousand two hundred and fifty (8,250) square feet of floor area on a parcel created in the Low
Lmp. sct Residential (LIR) zone district pursuant to the PUD option specified in Section 3-40-
V. REPEAL AND REENACT LAND USE CODE SUB-SECTION 9-110-051, RURAL AREA GROWTH
MANAGEMENT EXEMPTION FOR ONE LARGE-SIZED SINGLE-FAMILY DWELLING UNIT
9-110-051 Exemption for One Large-Sized Single-Family Dwelling Unit for: Board-approved
Subdivisions, Low Impact Subdivisions and Lot Splits; Pre-1978 Parcels; and Thirty-Five or
More Acre Parcels Created Prior to January 10, 2000 and Located Within the Crystal River or
Frying Pan Areas
A Growth Management exemption is provided for large single-family dwelling units for:
subdivisions,_low impact subdivisions and lot splits approved by the Board of County
Commissioners; parcels legally created and configured before June 12, 1978; and thirty-five
(35) or more acre parcels created prior to January 10, 2000 and located within the Crystal River
or Frying Pan areas as follows:
A. Exemption For One Single-Family Dwelling Unit on Any Parcel Which Was Legally
Created Before June 12, 1978. The construction of one single-family dwelling unit on a parcel,
legally created before June 12, 1978, may be exempted from Growth Management. This
exemption is subject to the following:
1. Dwelling Units Limited in Size. Subject to all other required development approvals, the
single-family dwelling unit exempted from Growth Management shall be limited to a five
thousand, seven hundred fifty (5,750) square feet of floor area exemption. An existing dwelling
unit shall be permitted to expand to the larger of five thousand, seven hundred fifty (5,750)
square feet of floor area as provided in this section, or by one thousand (1,000) square feet as
provided in Subsection 9-110-052(C).
2. One Single-Family Dwelling Unit Exempted. An improved pre-1978 parcel may be
allowed one single-family dwelling unit exempt from Growth Management, notwithstanding the
improvement of the parcel with any other structures other than free market dwelling units. If
there is an existing free market single-family dwelling unit on the parcel, the unit may be
replaced subject to compliance with Subsection 9-110-052(D).
3. Additions Disallowed for Five Years After Certificate of Occupancy. The addition
exemption of Subsection 9-110-052(C) shall be prohibited for five (5) years after the issuance
of the certificate of occupancy for the dwelling unit created through this exemption, except for
additions utilizing transferable development rights to obtain an exemption from Growth
Management or'the award of allotments through Growth Management.
4. Calculation of Floor Area. The five thousand, seven hundred fifty (5,750) square foot
exemption provided through this incentive shall be measured including all residential structures
and, where the parcel/lot is less than twenty (20) acres in size, all agricultural buildings.
5. Total Floor Area Reserved. A single-family dwelling unit constructed pursuant to this
incentive with less than five thousand, seven hundred fifty (5,750) square feet shall be entitled
to the total floor area of five thousand, seven hundred fifty (5,750) square feet for any future
development. The construction of additional floor area up to five thousand, seven hundred fifty
Ordinance No.~[~-2004
Attachment A - Page
(5,750) square feet shall not be considered an addition subject to the five-year rule set forth in
Subsection 9-1 I0-051 (A)(3).
6. Governmental Lands Unqualified. Lands owned or controlled by any governmental entity
or division on or before June 12, 1978, do not qualify for this exemption.
7. "Fathering Parcel" Retains Exemption Even if Reconfigured After June 12, 1978. An
original "fathering parcel" which was legally configured as of June 12, '1978, retains one Growth
Management 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
which seeks the exemption first in time, or designated in the subdivision or division of the
original fathering parcel.
B. Growth Management Exemption For One Single-Family Dwelling Unit on a Lot in
a Subdivision~ Low tmpact Subdivision or Lot Split Approved by the Board Prior to Jur~e 19,
2000. The construction of one single-family dwelling unit on a lot in a subdivision,_ low impact
subdivision or lot split approved by the Board prior to June 19, 2000, may be exempted from
Growth Management scoring and competition, as follows:
1. Dwelling Units Limited in Size. Subject to all other required development approvals, the
single-family unit shall be limited to a five thousand, seven hundred fifty (5,750) square feet of
floor area exemption. An existing dwelling unit shall be permitted to expand to the larger of five
thousand, seven hundred fifty (5,750) square feet of floor area as provided in this section, or by
one thousand (1,000) square feet as provided in Subsection 9-110-052(C).
2. Additions Disallowed for Five Years After Certificate of Occupancy. The addition
exemption of Subsection 9-1 '10-052(C) shall be prohibited for five (5) years after the issuance
of the certificate of occupancy for the dwelling unit created through this exemption, except for
additions utilizing transferable development rights to obtain an exemption from Growth
Management or the award of allotments through Growth Management.
3. Calculation of Floor Area. The five thousand, seven hundred fifty (5,750) square foot
exemption provided through this incentive shall be measured including all residential structures
and, where the parcel/lot is less than twenty (20) acres in size, all agricultural buildings.
4. Total Floor Area Reserved. A single-family dwelling unit constructed pursuant to this
incentive with less than five thousand, seven hundred fifty (5,750) square feet shall be entitled
to the total floor area of five thousand, seven hundred fifty (5,750) square feet for any future
development. The construction of additional floor area up to five thousand, seven hundred fifty
(5,750) square feet shall not be considered an addition subject to the five-year rule set forth in
Subsection 9-110-051 (B)(2).
C. Exemption For One Single-Family Dwelling Unit on a Thirty-Five or More Acre Parcel
Created Prior to January 10, 2000 and Located Within the Crystal River or Frying Pan Areas.
The construction of one single-family dwelling unit on a parcel of at least thirty-five (35) acres,
legally created before January 10, 2000, and located within the Crystal River or Frying Pan
Areas may be exempted from Growth Management. This exemption is subject to the following:
1. Dwelling Units Limited in Size. Subject to all other required development approvals, the
single-family dwelling unit exempted from Growth Management shall be limited to a five
Ordinance No./~-2004
Attachment A - Page 7
thousand, seven hundred fifty (5,750) square feet of floor area exemption. An existing dwelling
unit shall be permitted to expand to the larger of five thousand, seven hundred fifty (5,750)
square feet of floor area as provided in this section, or by one thousand (1,000) square feet as
provided in Subsection 9-110-052(C).
2. One Single-Family Dwelling Unit Exempted. An improved parcel may be allowed one
single-family dwelling unit exempt from Growth Management, notwithstanding the improvement
of the parcel with any other structures other than free market dwelling units. If there is an
existing free market single-family dwelling unit on the parcel, the unit may be replaced subject
to compliance with Subsection 9-110-052(D).
3. Additions Disallowed for Five Years After Certificate of Occupancy. The addition
exemption of Subsection 9-110-052(C) shall be prohibited for five (5) years after the issuance
of the certificate of occupancy for the dwelling unit created through this exemption, except for
additions utilizing transferable development rights to obtain an exemption from Growth
Management or the award of allotments through Growth Management.
4. Calculation of Floor Area. The five thousand, seven hundred fifty (5,750) square foot
exemption provided through this incentive shall be measured including all residential structures
and, where the parcel/lot is less than twenty (20) acres in size, all agricultural buildings.
5. Total Floor Area Reserved. A single-family dwelling unit constructed pursuant to this
incentive with less than five thousand, seven hundred fifty (5,750) square feet shall be entitled
to the total floor area of five thousand, seven hundred fifty (5,750) square feet for any future
development. The construction of additional floor area up to five thousand, seven hundred fifty
(5,750) square feet shall not be considered an addition subject to the five-year rule set forth in
Subsection 9-110-051(C)(3). (Ord. 023-2000, Att. A)
VII. REPEAL AND REENACT LAND USE CODE SUB-SECTION 9-120-022, RURAL AREA RESIDENTIAL
GROWTH MANAGEMENT ALLOTMENTS AND COMPETITION - ANNUAL RESIDENTIAL ALLOTMENT
CEILINGS
9-120-022 Annual Residential Allotment Ceilings
Annual residential allotment ceilings are established for three classes of residential
development which may be allowed through Growth Management: (a) new residential
subdivisions and thirty-five (35) acre parcels created after June 12, 1978; (b) additional floor
area; and (c) the residential development incentivized through or exempted from Growth
Management competition. The annual ceilings are as follows:
A. New Subdivisions/Post-1978 35+ Acre Parcels. New subdivisions and post-1978 35+
acre parcels are limited to an annual ceiling of thirty-nine thousand_(§0,2F~83_¢,000~ square feet
of floor area in the Rural Area, divided into three (3) areas as follows:
1. The Rural Area (excluding Crystal/Frying Pan) shall be limited to an annual ceiling of
twenty-five thousand .(25,000) square feet of floor area.
2. The Crystal River area shall be limited to an annual ceiling of ten thousand
~4-7-;.;~58_10,000~ square feet of floor area.
Ordinance No. 0/~-2004
Attachment A - Pa~e 8
3. The Frying Pan area shall be limited to an annual ceiling of eiC~four thousand
(8-¢800:4. ,000) square feet of floor area. -
B. Additional Floor Area. Additional floor area for existing or approved development beyond
that allowed through Subsection 9-120-022(A) and/or Section 9-110 shall be limited to an
annual total of fe~ty-ek3h~thirty-three thousand (48~0033,000) square feet, divided into three (3)
areas as follows: '
1. The Rural Area (excluding Crystal/Frying Pan) shall be limited to an annual ceiling of
~ect~y-tw_~enty-five thoUsand (40~00025,000) square feet of floor area.
2. The Crystal River area shall be limited to an annual ceiling of four thousand (4,000)
square feet of floor area. (Properties within the Crystal River area shall be allowed at time of
application to elect to compete for floor area in the July 1, second bi-annual round of
competition, for the Rural Area pursuant to the allotments available in Subsection 9-120-
022(B)(1).)
3. The Frying Pan area shall be limited to an annual ceiling of four thousand
~(4,000) square feet of floor area. (Properties within the Frying Pan area shall be allowed at time
of application to elect to compete for floor area in the July 1, second bi-annual round of
competition, for the Rural Area pursuant to the allotments available in Subsection 9-120-
022(B)(1).)
C. Exemptions. Exemptions granted from Growth Management pursuant to Section
9-110 shall not be limited on an annual basis; (Ord. 023-2000, Att. A)