HomeMy WebLinkAboutbocc.ord.052.2004AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY COLORADO, ADOPTING AN AMENDMENT TO THE
PITKIN COUNTY LAND USE CODE SECTION 3-310, ADDING
CONSTRAINED SITE TRANSFERABLE DEVELOPMENT RIGHTS, SECTION
3-310-050
ORDINANCE # 09~9- -2004
RECITALS
WHEREAS, the Board of County Commissioners of Pitkin County, Colorado
makes the following findings:
A. As a consequence of rising land values and diminishing vacant land
supply, the County has seen development pressure on properties that, until
relatively recently, would not have been developed.
B. The result of these increasing development pressures has been the
development of parcels where development would have been prohibited by
operation of the standards and criteria within 'the Pitkin County Land Use Code,
particularly by those review standards concerning environmental preservation and
avoidance of hazardous areas.
C. Such development typically proceeded after a request for a takings
determination by a property owner or applicant whose development application
was denied pursuant to the development standards of the Land Use Code, resulted
in a finding that a takings had occurred due to the development sought being the
least impactive use of the property and hence the only productive use the property
could reasonably realize.
D. The purpose of the addition of Constrained Site Transferable Development
Rights as Section 3-310-050 of the Pitkin County Land Use Code is to allow such
developmentally restricted properties to have another use, that being the severance
of their development rights for sale or utilization on other properties within the
County and thereby providing an alternative to developing in environmentally
sensitive areas or areas of extreme hazard.
E. After an administrative decision by the Pitkin County Community
Development Department that a particular property is undevelopable or severely
restricted, the Board of County Commissioners would employ the principles of
equitable mitigation to determine whether or not to allow a development right to
be severed and transferred from the property and how many development rights
should be recognized for the property.
ORDINANCE #0~z-2004
PAGE 2
F. The Board of County Commissioners incorporates the above recitals as the
justification for this Ordinance and an amendment to section 3-310-050 of the
Pitkin County Land Use Code in substantially the form attached hereto as Exhibit
1.
G. The BOCC finds that adoption of this ordinance is necessary for the
immediate preservation of the public health, safety and welfare of the citizens of
Pitkin County and therefore declares this ordinance and legislation to be effective
immediately.
NOW THEREFORE, be it ordained by the Board of County Commissioners of
Pitkin County, Colorado, that section 3-310 of the Pitkin County Land Use Code is
hereby amended to add Constrained Site Transferable Development Rights as Section 3-
310-050 as set forth in Exhibit 1 hereto.
INTRODUCED, FIRST READ ON THE 1s* DAY OF DECEMBER 2004
AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 15TH
DAY OF DECEMBER 2004.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
WEEKLY ON 4TH DAY OF DECEMBER 2004.
APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC
HEARING ON THE 15TM DAY OF DECEMBER 2004.
PUBLISHED ~4,FTER ADOPTION IN THE ASPEN TIMES WEEKLY ON
THE ~-9"~DAY OF~2004.
THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY
UPON ADOPTION.
ATTEST:
Je~
De
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
/
~tte Jones
nty Clerk
I~or~thea Farris, Chair
Date: / ~ - ,t2/- to
ORDINANCE ~"~1--2004
PAGE 3
APPROVED AS TO FORM:
John M. Ely '
Cou~[.~k~tomey
Ci~d~)Houben "
Director, Pitkin County Community
Development
ORDINANCE #~'~-2004
PAGE 4
EXHIBIT 1
CONSTRAINED SITE TRANSFERABLE DEVELOPMENT
RIGHTS [To be included in section 3-310-050]
3-310-050 Constrained Site Transferable Development Rights. The Board of
County Commissioners may allow development fights to be severed and transferred from
certain constrained lots/parcels pursuant to the procedure of this section and subject to
each of thc following requirements and thc requirements of Section 3-310:
3-310-051 Transferable Development Rights Discretionary. The
availability of Transferable Development Rights as set forth in this section is
discretionary, granted through thc procedures set forth in this section only upon
demonstration by the Applicant of compliance with the standards and criteria of this
section.
3-310-052 Transferable Development Rights Available for Constrained
Lots/Parcels. The Board may grant one or more Transferable Development Right(s) to a
lot/parcel which meets the criteria of this section.
3-310-053 Standards and Criteria for TDR Eligibility. The Board may
grant one or more transferable development right only upon demonstration that the
lot/parcel meets the following criteria:
3-310-053.1 Preservation Site Undevelopable or Severely Restricted.
The lot/parcel shall be determined by the Community Development Department to
be undevelopable or severely restricted pursuant to the Pitkin County Land Use
Code.
3-310-053.2 Equitable Mitigation. The Board shall determine that
principles of equitable mitigation favor relief in the form of issuance of one or
more Transferable Development Right(s).
3-310-053.3 Conservation Easements. Transferable Development
Right(s) recognized and certified pursuant to this section, may be obtained for
property encumbered by a conservation easement provided that the conservation
easement is granted in conjunction with the procedures contained in this section
following a determination by the Community Development Department that the
lot or parcel is undevelopable or is severely restricted and prior to the issuance or
certification of the transferable development right(s).
3-310-053.4 Rural and Remote Zoning. Constrained site Transferable
Development Rights are not available for property zoned rural/remote.
3-310-054 Procedure to Obtain Constrained Site Transferable
Development Rights
ORDINANCE ~5';~-2004
PAGE $
The procedure to obtain a constrained lot TDR pursuant to the standards of this section
shall be as follows:
3-310-054.1 Community Development Department Determination.
Any property owner who desires a constrained lot transferable development right
may submit an application to the Community Development Department. The
Community Development Department shall make a determination of whether the
property is developable pursuant to the Pitkin County Land Use Code. The
property owner requesting the determination shall have the right to appeal to the
Board of County Commissioners a Community Development Department finding
that determines the property is potentially developable, and therefore not eligible
for a transferable development right.
3-310-054.2 Board of County Commissioner Determination. If there
is a determination that the property is not developable, the Board of County
Commissioners shall, at public meeting, make a determination as to whether one
or more constrained lot Transferable Development Right(s) will be granted
pursuant to the standards of this section.
3-310-054.3 Effect of Determination. The determination that a
property is developable, severely restricted or undevelopable pursuant to this
section is merely a procedure to allow the Board to grant constrained lot
Transferable Development Right(s) at the request of a property owner, and shall
not be considered a final decision as to the beneficial, productive and/or
economically viable uses that may be available to the property