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HomeMy WebLinkAboutbocc.ord.010.2005III IIII II II III IIII I I II III IIII 0 ©84005 09: 171 SILVIP DRVIS PITKIN COUNTY CO R 0.00 D 0.00 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, CREATING A NEW ZONE DISTRICT, ENTITLED TRANSITIONAL RESIDENTIAL (1) ZONE DISTRICT (TR-1), TO BE INCLUDED IN THE PITKIN COUNTY LAND USE CODE — AND REZONING CERTAIN PROPERTIES WITHIN THE EAST OF ASPEN/INDEPENDENCE PASS PLANNING AREA TO THE TRANSITIONAL RESIDENTIAL (1) ZONE DISTRICT ORDINANCE NO. 4 / D 2005 RECITALS 1. The Planning and Zoning Commission adopted Master Plans for the East of Aspen/Independence Pass area of Pitkin County on October 28, 2003. 2. This Master Plan recommends that, some private lands in these areas be rezoned to a low density/low intensity/open space/recreational type zone that functions as a transitional zone from an Urban Growth Boundary area to more rural areas. 3. The BOCC considered the proposed code amendment and rezoning at a public meeting on first reading on September 22, 2004, and tabled the review to a Planning and Zoning and BOCC joint work session on November 9, 2004 where the TR -1 Zone District was developed. 4. The Pitkin County Planning and Zoning Commission reviewed the proposed TR -1 Zone District and Rezoning on January 11, 2005. By a vote of 4-0, the Planning and Zoning Commission recommended approval with amendments to the BOCC. 5. The BOCC finds that the proposed code amendment and rezoning are consistent with the applicable Master Plan, policies and regulations of the Land Use 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 to create the Transitional Residential Zone District, (TR -1) and that the properties shown on the map attached in Exhibit 1 are hereby rezoned to the TR -1 Zone District. The Board further finds this ordinance is effective immediately upon adoption pursuant to C.R.S. § 30-15-405 as it is necessary for the immediate preservation of the public health and safety of the citizens of Pitkin County. The circumstances of the necessity for immediate enactment are as follows: • Pitkin County has produced a Master Plan for the areas affected by this zone district, which was adopted by the Planning & Zoning Commission on October 28, 2003. The Master Plan is a product of a study that began in April, 2003, and was pursued continuously until the adoption of the Master Plan. • The Master Plan provides recommendations for zoning changes to protect the public health, safety and welfare. The zone district in this ordinance reflects the recommendations of the Master Plan and is consistent with those recommendations. Development applications, which are received and certified as complete prior to the effective date of this zoning regulation, must be reviewed in conformance with the existing zoning regulations. The existing zoning regulations are not in conformance with the Master Plan recommendations. Applying the existing regulations to development applications, could lead to development approvals which are inconsistent with the Master Plan recommendations and are contrary to the best interests of the citizens of Pitkin County. Therefore, it is necessary for the zoning changes in this ordinance to be immediately effective. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 25`h DAY OF DECEMBER, 2004. INTRODUCED AND FIRST READ AT THE PUBLIC HEARING ON THE 23RD DAY OF FEBRUARY, 2005. APPROVED AND ADOPTED AFTER SECOND READING ON THE 9TH DAY OF MARCH, 2005. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE 1,QT9- DAY OF , 2004. EFFECTIVE IMMEDIATELY UPON ADOPTION ON MARCH 9, 2005. " Z&or 4;—, &A;s;0j �c��� ounty Clerk APPROVED AS TO FORM: John Ely, Cot3hty.Attoiney BOCC OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Patti Kay -Clapper Chai T�, Date: 6?3 , -d APPROVED AS TO CONTENT: 6�! I Q>,k dcvCtl- Cindy Houben, Community Development Director 1111111111111111111111111111111111111111111111111111111 SILVIA DAVIS PITKIN COUNTY CO R 0. 00 508452 Page: 2 of 5 03/31/2005 09:17 D 0.00 a Attachment A Section 3-40-113 TRANSITIONAL RESIDENTIAL -1 ZONE DISTRICT (TR -1) I. Intent and Applicability. The Transitional Residential -1 (TR -1) Zone District allows for low density, low intensity residential development. The principal land use in this district is historic mining scale 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 character of lands in this zone district. The zone district seeks to limit the intensity and scale of development to small sized buildings and structures, as a transition from high density and intensity within the Urban Growth Boundary (UGB) to the Rural and Remote (RR) area where zoning reflects a low intensity of use. The intent is preserving resources, protecting existing onsite natural resources, preserving neighborhood character as expressed in the East of Aspen/Independence Pass Master Plan and the AACP, 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 transitional in character, which may have or may be associated with environmental or ecological resources, environmental hazards, areas of state interest, scenic significance 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. 1. Single family dwelling unit and associated accessory structures and uses. 2. Transfer of Development Rights sending sites. B. Special Review. 1. Trails 2. Mining C. Prohibited Uses 1. Any and all uses not listed as allowed principal uses or special review uses. III. Development Standards A. Bulk and Area Requirements. The maximum potential density and developability for properties within the TR -I zone district shall be based on the entire unsubdivided parcel. 1. Minimum lot size: 35 acres III VIII II III III IIII I I III VIII III II 00 84009 08:171 SILVIR DAVIS PITKIN COUNTY CO R 0.00 D 0.00 2. Maximum allowed floor area: 1,000 square feet. All buildings shall be included in the calculation of the total floor area. Properties zoned TR -1 may become TDR Preservation Sites pursuant to Section 3-310-020 A., but they are prohibited from becoming TDR Receiver Sites. Improvement of any lot is contingent upon successful completion and award of development review and growth management approvals. 3. Maximum Height. • Principal structures: 20 feet • Accessory structures: 15 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: 100 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. H:cindy/rezoning/7R].final I IIIIII VIII IIIIII VIII VIII IIII IIIIIII III VIII IIII IIII 0 0 03/31/20058 09:17,0.00 I Exhibit 1 II II III IIII VIIII VIII VIII I II Page: 405 09:17 SILVIR DAVIS PITKIN COUNTY CO R 0.00 D 0.00 i V x Bx � II i r%;77 oil l J o°l I r .Mr I f s 7715k\ I r Maroon/Castle and Aspen Mountain/Richmond Ridge Master Plan Area This map is a graphic depiction of the proposed boundaries of a REZONING from "AFR-10" to'Transitional Residential 1" Zone District J �Qa+3rSt'IADUf ntAentie- y � JUan'Sfre �S Qan�streQt �`: ii ii f•,� \ ` Giibe ii �i 1 .1►;! n{Street i i \ ♦ \ 1, SUS Mit Street.; ti m iY + J / f/ 1'mpo..tl R.wnin0 tram: y IInch ' _ % "�'� +l• 5800feet 236 % f 0. wuw 9 �Dt S f ` • � �rw, sun..nui.