HomeMy WebLinkAboutbocc.ord.045.2004ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO REPEALING AND RE-ENACTING SECTION 3-310-020 OF
THE PITKIN COUNTY LAND USE CODE (TRANSFER OF DEVELOPMENT RIGHTS)
ORDINANCE NO. ~'c/~ -2004
RECITALS
1. The BOCC finds that there are certain remainder parcels within the Rural and Remote
zone district that are small slivers of land that are created as a result of overlapping
mining claims. These parcels are too small to meet adequate life, health and safety
requirements of the Pitkin County codes.
2. The BOCC finds that these remainder parcels, which are not developable, should not
receive Transferable Development Rights (TDR's) because there is no development
potential to be transferred.
3. The Pitkin County Planning and Zoning Commission considered the proposed code
mnendments at a regularly scheduled meeting on August 31, 2004, and recommended
approval by a vote of 4-0.
4. The BOCC approved the proposed code amendment at a public meeting on first reading
on September 22, 2004, and voted to approve the proposed amendments on second
reading at a public hearing on October 27, 2004.
5. The BOCC finds that the proposed code amendment is consistent with the applicable
policies and Master Plans for Pitkin County.
NOW, THEREFORE, BE IT ORDAINED by the BOCC that it hereby repeals and re-
enacts Section 3-310-020 of the Pitkin County Land Use Code, as follows in Attachment
A, to create developability criteria for parcels of one (1) acre or less which are seeking
TDR's from the Rural and Remote Zone District.
NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 25th day of
September, 2004.
INTRODUCED AND FIRST READ AT A PUBLIC MEETING on the 22nd day of
September, 2004.
APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC
HEARING on the 27th day of October, 2004.
b.W_ BLISHED AFTER ADOPTION in the Aspen Times Weekly on the//~ day of
~ 2004.
THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION
FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS.
COMMISSIONERS
BOARD OF COUNTY
OF PITKIN COUNTY, COLORADO
ATTEST: \.
Jeanette Jones, Clerk to ~he BOCC
APPROVED AS TO FORM:
Dorothea Farris, Chair
Date
APPROVED AS TO CONTENT:
John~ey
Cindy Houben,
Community Development Director
ATTACHMENT A
Repeal and Re-Enact Section 3-310-020 as follows:
3-310-020 General Standards and Criteria
A. General Standards and Criteria for Preservation Sites
Development Rights Appurtenant to Preservation Sites May be
Severed from the Site and Converted into TDRs: In addition to any
other use permitted in the Rural/Remote Zone District,
preservation sites shall have development rights, or TDRs, which
may be severed and transferred to receiver sites. The severance of
development rights from a preservation site, and creation of TDRs,
shall be accomplished through the procedure outlined in
Subsection 4-60-095.
Every thirty-five Acres Associated With One TDR. For every
thirty-five (35) acres, each preservation site shall be associated
with one TDR, provided that fractions of TDRs shall not be
considered. A preservation site less than thirty-five (35) acres in
size shall also be associated with one TDR, except for purposes of
aggregation within the Rural/Remote zone.
If an owner of a parcel of 1 acre or less in the Rural Remote zone
district wishes to be granted a TDR, the following criteria must b~,
met and an administrative approval granted pursuant to section d
40-20:
1. The applicant must provide the legal description and proof
of ownership of the property and a site plan demonstrating that
the following can be met:
a) Required distances between the well location and the septic
tank/leach field locations can be satisfied pursuant to the Pitki~
County Environmental Health regulations;
_b) A leach field system can be accommodated pursuant to th~,
Pitkin County Environmental Health Regulations;
cO A footprint of 1000 square feet for a structure can be
accommodated on the site without interference of a) and b)
above.
d) Legal access to the site.
_e) Any site with a septic tank must have access for a septic
pump truck.
The folloWing chart illustrates the number of TDRs by size of the Preservation Site:
TDRs BY ACREAGE
Acreage of Preservation Site Number of TDRs
Less than 35 acres 1 TDR
35 acres 1 TDR
60 acres 1 TDR
70 acres 2 TDRs
90 acres 2 TDRs
135 acres 3 TDRs
140 acres 4 TDRs
Transfer of Fractions of TDRs Prohibited: The transfer of less than
one TDR, or any fractional interest of less than a whole number, is
prohibited.
Preservation Sites Shall be Located in the Rural/Remote Zone
District: A preservation site shall be located within the
Rural/Remote Zone District.
Preservation Sites Shall be Legally Created and Are Subject to
Cumulation Provisions. A preservation site shall be a legally
created parcel and is subject to the cumulation provisions of
Subsection 6-50-020.
Preservation Sites Shall be Deed Restricted Against Further
Development: Upon severance ora TDR fi'om a preservation site,
the preservation site shall be deed restricted against all further
development, as that term is defined in Section 8-I. The form of
deed restriction must be approved by the County Attorney.
One legally created structure up to one thousand (1,000) square
feet in size may be retained on a preservation site, and one TDR
severed, subject to special review approval and the following
additional standards and criteria:
a. The structure must pre-date the enactment of the
Rural/Remote Zone District;
b. The structure must be one thousand (1,000) square feet or
less in size;
c. The structure must be deed restricted to category employee
housing as specified by the Board of County
Commissioners;
d. The preservation site must be restricted against all further
development, as that term is defined in Section 8-1, in a
form acceptable to the County Attorney;
e. The structure may never be expanded;
f. The structure may not be subdivided, separately conveyed
o.r otherwise separated from the underlying preservation
site; and
g. The structure must be on at least thirty-five (35) acre
parcel, or must be on a legally created separate parcel that
is substandard in size. Subdivision shall not be permitted to
create parcels less than thirty-five (35) acres in size.
General Standards and Criteria for Receiver Sites
1. Receiver Site Must Obtain Special Review Approval: No development
of a receiver site with TDRs shall be carried out unless such
development complies with the standards and criteria of this section
and has been approved by special review pursuant to Subsection 3-
210-010.
2. Receiver Site Has Potential to Receive TDRs: In addition to any other
use permitted by the applicable zone district, a receiver site shall be
eligible for development with TDRs. The transfer of a TDR to a
specific receiver site shall be accomplished through the procedure
outlined in Subsection 4-60-095.
3. Receiver Site Located Anywhere in Pitkin County: A receiver site
may be located anywhere in Pitkin County, subject to the standards
and criteria of this section and the special review criteria of Subsection
3-210-010.
4. Uses Proposed on Receiver Site Must Be Consistent With Underlying
Zone District: Except as expressly authorized in this section, all
development of the receiver site shall comply with each and every
requirement of the applicable zoning district regulations.
5. Aggregation of TDRs Permitted on Single Receiver Site: Multiple
TDRs may be allowed through special review to be aggregated from
different preservation sites for development on a single receiver site,
provided that the bulk area restrictions of the underlying zone district
of the receiver site may be exceeded only as authorized by this
provision. (Ord. 22-2001 (part): Ord. 99-36 Att. A (part))
Janis/cindy/RR ORD&attachA