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HomeMy WebLinkAboutbocc.ord.004.2005IIIIIiIIIIIIIIIIII VIIIIIIIIIIIillllllllllllllllliliille e DD93 08:47; SILVIA DAVIS PITKIN COUNTY CO R 0 D 0.00 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, CREATING A NEW ZONE DISTRICT, ENTITLED n TRANSITIONAL RESIDENTIAL (2) ZONE DISTRICT (TR -2), TO BE INCLUDED IN TITLE VIII OF THE PITKIN COUNTY CODE, THE LAND USE CODE — AND REZONING CERTAIN PROPERTIES WITHIN THE EAST OF ASPEN/INDEPENDENCE PASS PLANNING AREA TO THE TRANSITIONAL v RESIDENTIAL ZONE DISTRICT -2 ko QAJ CC ORDINANCE NO. 4%"( -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 Pitkin County Planning and Zoning Commission considered the proposed TR code amendment and rezoning of properties to TR at a regularly scheduled meeting on August 31, 2004, and recommended approval. 4. 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 -2 Zone District was developed. 5. The TR -2 Zone District was reviewed by the Pitkin County Planning and Zoning Commission on January 4, 2005, at which time a majority recommendation of approval with amendments was sent to the BOCC. 6. The BOCC reviewed the proposed TR -2 code amendment on I" Reading on January 12, 2005, and at 2"d Reading and Public Hearing on January 26, 2005. 7. 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 -2) and that the properties shown on the map attached in Exhibit I are hereby rezoned to the TR -2 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 Apri I, 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. 1111,1111,1111,1111111111111111111 � I 1111111111111 02/22/2005 0-1224 �0 40R SILVIP DAVIS PITKIN COUNTY CO R 0.00 0 0.00 IIIIIIISILVIQIIIIIIIIIII VIIIIIIIIIIIIIIIIIII III VIII IIIIIIIIDAVIS PITKIN COUNTY CO R 0. O 59/ ©O 0000a:47F 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 25TH DAY OF DECEMBER, 2004. INTRODUCED AND FIRST READ AT THE REGULAR MEETING ON THE 12TH DAY OF JANUARY, 2005. APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC HEARING ON THE 26TH DAY OF JANUARY, 2005. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE DAY OF `-z ;.. c 2004. -)ee 3 . EFFECTIVE IMMEDIATELY UPON ADOPTION ON JANUARY 26TH, 2005. ATTEST: Jeanette Jones, Deputy Clerk APPROVED AS TO FORM: John Ely, BOCC OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO BY ul•C(� i� w� L f G4-� -ritl Patti Kay -Clapper, Chair i Date: "�%1 APPROVED AS TO CONTENT: in y Houben, Community Development Director CO' S�ZZZ46f 40F1 0.00 D 0.00 Ilii) PI 1111111111111111111111111111 P 9 °©0005 03:47r SILVIR DAVIS PITKIN COUNTY CO R 0.00 D 0.00 Attachment A Section 3-40-113 TRANSITIONAL RESIDENTIAL ZONE DISTRICT -2 (TR -2) 1. Intent and Applicability. The Transitional Residential Zone District -2 allows for low density, low intensity residential development. The principal land use in this district is residential with typically associated accessory uses_ The propose 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 of development to moderate 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. Determination of special review use is through an administrative staff review with the possibility of an appeal to the Board of County Commissioners. 1. Mining 2. Trails C. Prohibited Uses 1. Any and all uses not listed as allowed principal uses or special review uses. Ill. Development Standards . A. Bulk and Area Requirements. The maximum potential density and developability for properties within the TR zone district shall be based on the entire unsubdivided parcel. 1. Minimum lot size: 35 acres 2. Maximum allowed floor area: 2,500 square feet. This zoning change recognizes existing vested rights in prior development approvals and SILVIA DAVIS PITKIN COUNTY CO I02/2-� 2 00 10:40A0 ,j VIII III VIII III VIII III II II II I II II51 / OOg3 MAW SILVIR DAVIS PITKIN COUNTY CO R 0.00 D 0.00 Property owners may continue to rely on those vested rights until their expiration. Residential development in place or approved prior to January 26, 2005, shall not be deemed non -conforming relative to the Pitkin County Land Use Code. All buildings shall be included in the calculation of the total floor area. Transferable Development Rights: The use of transferable development rights is allowed in the following circumstances within the TR -2 Zone District: (a) Internal to the TR -2 Zone District — a TDR may be used to increase the square footage of a home up to a maximum aggregate cap on house size at 3,500 square feet if the TDR came from the TR -2 zone district and the sending site is deeded against development. (b) External TDR's: A TDR may be transferred from the TR - 2 zone district and used in accordance with Section 3-310 (TDRs) of the Pitkin County Land Use Code. TDR's may be sent from the TR -2 Zone District based on a (1) TDR/10 acres for properties as they were configured as of January 26, 2005. Improvement of any lot is contingent upon successful completion and award of development review and growth management approvals. Property subject to more than one zoning designation. This provision applies to only those properties that are subject to more than one zone district and at least one of the zone districts is TR -2. If development occurs in an area of the property not zoned TR -2, pursuant to a PUD approval, then the area of the entire property, including the portion zoned TR -2, shall be considered for density purposes according to the density allowed in the area to be developed. If development occurs in an area of the property zoned TR -2, then the provisions and restrictions of the TR -2 zone shall control the development. Maximum Height • Principal structures: 20 feet • Accessory structures: 15 feet. 6. 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 i I • Side yard SILVIA DAVIS PITKIN COUNTY Co I I�IIII I�III VIII[ VIII ILII II�III ILII ��I VIII IIII I6II 02/22/2005 En0I R 0.00 D 0.00 J 510093 piny@nui�ognPITKIN COUNTY wruiuiim :=e,;;s:... • 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. All development within the TR -2 Zone District after January 26, 2005, shall be reviewed pursuant to the scenic review standards of Section 3-60-040 of the Pitkin County Land Use Code. C. 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 (TR -2) PUD option must include within the application the entirety of the unsubdivided parcel and additional parcels held in common ownership as configured on January 16, 2000. 1. Minimum lot size. There shall be no more than one principal single family dwelling unit per 50 acres. Actual lots may be smaller if accompanied with a preserved open space parcel which maintains one unit per 50 -acre density. 2. Maximo n allowed floor area. 3,500 square feet. All buildings shall be included in the calculation of total floor area. • 3,500 square feet of floor area is exempt from growth management. 3. 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. 4. 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. 5. Deed restriction for 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 future development and subdivision. Conservation easements may be granted prior to the PUD application and approval process. If laud has been preserved through a Page. 5 02/22/2035 50-7224 10:40A 0 i D 0.00 III II I II II III IIIIII I II I I II 510093 g 6 of oss 08:4W SILVIR DAVIS PITKIN COUNTY CO R 0.00 D 0.00 conservation easement, that land may still be considered as part of a PUD application and approval. 6. The PUD review and approval process shall be treated as two-step review consistent with Section 4-60 of the Land Use Code. The TR -2 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 afforded 20 years vested rights status. 8. See Section III A.3 above explaining the use of TDR's as another alternative to aggregate square footage to a maximum cap of 3,500 square feet. FC ciii dy/rezoni ng/TP 22.7.051 an ce 11111 507224 e Page:IIIIII VIII 1111 VIIIVIII1 II III 11111 III 1111 0 0vz2zOf 0700.0 : 44'A i�`.. i IIIIII IIIIII IIIII� III VIII IIII IIII VIII IIIIII IIIIISILVIA Pae: 5 05/ 220 08:,171: DAVIS NIIII COUNTY DO R 0.D 6 0.00 1 smuggler/Hunter Creek P Exhibit 1 MasterPlan Area I a a _a a ion of the proposed 3 from AFR-10 to a IAL 2" Zone District': -%fap XPy A-T�%'oPo RmNnO hmnAFR 10 M u a Existing P &in County Inning OISTRICFTPE AH ASPEN e m:p Pr,4uc,d _ RR- March 21 2005 `Sn a R o rw, t GtJ C� t 0 t ts, ,� o h f Irl�Gr Cei\ .tom. Is r UQ