HomeMy WebLinkAboutbocc.ord.022.2004 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, REPEALING AND REENACTING SECTION 3-40-111 (LIR) OF THE
PITKIN COUNTY LAND USE CODE, RELATED TO USE OF TRANSFERABLE
DEVELOPMENT RIGHTS
ORDINANCE NO.0)'~-2004
RECITALS
I. The Community Development Department is proposing to amendthe Land Use Code provisions
regarding the Low Impact Residential zone district, to clarify that successful special review application
approval is required for use of TDRs to exceed 8,250 square feet.
2. The Pitkin County Planning and Zoning Commission considered the proposed code amendment at a
regularly scheduled meeting on March 9, 2004, and recommended approval by a vote of 5-0.
3. The BOCC considered the proposed code amendments at a duly noticed public hearing on first reading
on April 28, 2004, and heard evidence and testimony presented.
4. The BOCC approved the proposed amendment at second reading on May 12, 2004.
5. The BOCC finds that the proposed code mnendment is consistent with the provisions ofapplkable
Master Plans and the Code.
NOW, THEREFORE, BE IT ORDAINED by the BOCC that it hereby amends Title VIII 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 17th day of April, 2003.
INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the 28th day of April, 2004.
APPROVED AND ADOPTED AFTER SECOND READING on the 12th day of May, 2004.
PUBLISHED AFTER ADOPTION in the Aspen Times Week y on the ~ day offal,, 2004.
THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION
FOLLOWING FINAL ADOPTION BY THE.BOARD OF COUNTY COMMISSIONERS.
Ordinance No. ~-2004
Page 2
Jeane,tt~-Jones, Clerk t~ ~tl~e~ BOCC
APPROVED AS TO FORM:
John Ely, County Attorney
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Dorothea Farris, Chair
Date ,.~ -z.,2/- ~ ~Z
APPROVED AS TO CONTENT:
(Sindy Houben,"
Community Development Director
lancec/cases/LIR notice ord.doc
Attachment A
Section 3-40-111
LOW IMPACT RESIDENTIAL ZONE DISTRICT ("LIR")
I. Intent and Applicability. The Low Impact Residential Zone District allows ~or
low density, low intensity residential development. The principal land use in this district
is residential with typically associated accessory uses.
The purpose of the district is to allow residential use that minimizes 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 intensity of development
to moderate sized buildings and structures, thereby preserving resources, protecting
existing onsite natural resources, preserving neighborhood character, decreasing
employment generation which would occur with more intense development and
otherwise limiting the demand for public services.
Land appropriate for this zone district designation are those properties that are
rural in character, which may have or may be associated with environmental or ecological
resources, environmental hazards, areas of state interest, agricultural resources or
properties otherwise sensitive to overly intensive development.
II. Uses
A. Allowed Principal Uses. The following uses are allowed by right after
obtaining appropriate development review approval. Only one principal allowed use may
be approved or established at any one time on any one property, parcel or lot.
Single family dwelling unit and associated accessory structures and uses
which may be accompanied by farming or ranching not conducted for the
primary purpose of obtaining monetary profit.
Farming or ranching conducted for the primary purpose of obtaining a
monetary profit.
B. Special Review Accessory Uses. Accessory uses, which are associated
with a particular principal use, are only permitted after the establishment of a principal
use. Determination of special review use is through an administrative staff review with
the possibility of an appeal to the Board of County Commissioners.
2.
3.
4.
5
6.
7.
8.
Agricultural buildings
Agricultural housing
Agricultural retail structures (i.e., agricultural stands)
Bed and Breakfast
Home occupations
Animal boarding/kennel/animal rescue shelters
Riding stables/riding academies.
Trails
Utility facilities. Utility facilities may be accessory to uses on
other properties.
Camping for less than 14 consecutive nights
C. Prohibited Uses
1. Any and all uses not listed as allowed principal uses or special review
accessory uses.
III. Development Standards
A. Bulk and Area Requirements. The maximum potential density and
developability for properties within the LIR zone district shall be based on the entire
unsubdivided parcel.
1. Minimum lot size: 35 acres
Maximum allowed floor area: 5,750 square feet. All buildings
shall be included in the calculation of the total floor area. The use
of transferable development rights is prohibited. Improvement of
any lot is contingent upon successful completion and award of
development review and growth management approvals.
3. Maximum Height.
· Principal structures: 28 feet
· Accessoly structures: 20 feet.
4. Set Backs.
· Front yard · Properties less than 3 acres: 30 feet
· Properties greater than 3 acres, less than 10 acres: 50 feet
· Properties equal to or greater than 10 acres: i00 feet
· Side yard · Properties less than 7500 square feet: 5 feet
· Properties 7500 square feet to 30,000 square feet: 10 feet
· Properties greater than 30,000 square feet to less than 43,560
square feet: 15 feet
· Properties greater than 43,560 square feet to less than 3 acres:
20 feet.
· Properties 3 acres to 20 acres: 30 feet
· Properties equal to or greater than 20 acres: 50 feet.
· Rear yard
· Properties less than 30,000 feet: 10 feet
· Properties 30,000 square feet to 10 acres: 30 feet
· Properties equal to or greater than 10 acres: 50 feet.
B. Planned Unit Development. Parcels may be developed as planned unit
developments as an alternative to the strict application of the area and bulk requirements
above. Any development proceeding under the PUD option must include within the
application the entirety of the unsubdivided parcel and adjacent parcels held in common
ownership as configured on January 16, 2000.
Minimum lot size. There shall be no mom than one principal
single family dwelling unit per 80 acres. Actual lots may be
smaller if accompanied with a preserved open space parcel which
maintains one unit per 80-acre density.
Maximam allowed floor area. 15,000 square feet. All buildings
shall be included in the calculation of total floor area.
· 8,250 square feet of floor area is exempt from growth
management.
· Additional square footage, over 8,250, up to 15,000 square feet,
may only be obtained through successful growth management
competition or successful special review approval for use of
transferable development rights.
· A caretaker dwelling unit may be constructed consistent with
the applicable provisions of the Land Use Code. Its size shall
be included in the calculation of total floor area.
Maximum height and set backs: maximum heights of principal
and accessory structures and set backs of all structures may be
modified through the PUD approval process.
Siting. All buildings and structures will be situated after site
specific analysis of the resource, scenic, and hazard qualities of
each individual property in consideration and application of the
policies and siting criteria contained in the Land Use Code.
Deed restriction fbr undeveloped land. All land outside of the
development areas so designated in the PUD process shall be
designated as preservation areas in the approved development plan.
These preservation areas shall be preserved in perpetuity by
conservation easement or covenant approved by the County
Attorney, which at a minimum shall restrict the property from
furore development and subdivision. Conservation easements may
be granted prior to the PUD application and approval process. If
land has been preserved through a conservation easement, that land
may still be considered as part of a PUD application and approval.
The PUD review and approval process shall be treated as two-step
review consistent with Section 4-60 of the Land Use Code. The
LIR PUD may be approved outside the subdivision process and
outside of the requirements of Section 3-170(PUD) of the Land
Use Code.
PUD approvals pursuant to this zone district shall be aftbrded 20
years vested rights status.
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