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HomeMy WebLinkAbout005727codeconstrainedlotsAgenda Item Summary MEETING DATE: July 27, 2005 AGENDA ITEM TITLE' AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY COLORADO, ADOPTING AN AMENDMENT TO THE PITK1N COUNTY LAND USE CODE SECTION 3-310, ADDING SECTION 3-310-070, VISUALLY CONSTRAINED SITE TRANSFERABLE DEVELOPMENT RIGHTS STAFF RESPONSIBLE FOR ITEM: John Ely, County Attorney Cindy Houben, Director, Community Development DESCRIPTION OF ISSUE: First reading of an Ordinance adopting an amendment to Section 3-310 of the Pitkin County Land Use Code by adding Section 3- 310-070, Visually Constrained Site Transferable Development Rights. When the Community Development Department determines, and the Board of County Commissioners confirms, that certain lots/parcels of land are "visually constrained" by their location in the foreground of scenic areas within the public view plane such that development on such lots/parcels would severely impact or destroy the scenic view plane, the development right associated with the property may be severed. This amendment to the Land Use Code will allow the use of transferable development rights on other properties within the County without limitation. The number of transferable development rights available shall correspond to the number of existing development rights. The code is designed to sunset in sixty (60) days to allow further refinement to the plan and inclusion of it in the ongoing Code revision process. The attached ordinance sets forth the findings that justify the Visually Constrained Site Transferable Development Rights amendment to the Land Use Code, attached hereto as Exhibit 1. RECOMMENDATION: Approve on first reading and set for second reading and public heating, An 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 Section 3-310-070, Visually Constrained Site Transferable Development Rights. ATTACHMENTS: Proposed Ordinance with Exhibit 1 Code Amendment Visually Constrained Site Transferable Development Rights AN 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 SECTION 3- 310-070, VISUALLY CONSTRAINED SITE TRANSFERABLE DEVELOPMENT RIGHTS ORDINANCE # -2005 RECITALS WHEREAS, the Board of County Commissioners of Pitkin County, Colorado makes the following findings: A. The Community Development Department has determined and the Board of County Commissioners confirms, that certain lots/parcels of land are "visually constrained" by their location in the foreground of scenic areas within the public view plane such that development on such lots/parcels would severely impact or destroy the scenic view plane. B. The purpose of the addition of Visually Constrained Site Transferable Development Rights as Section 3-310-070 of the Pitkin County Land Use Code is to allow such visually constrained 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 scenically sensitive areas. C. After an administrative decision by the Pitkin County Community Development Department that a particular property is visually constrained, the Board of County Commissioners, at its discretion, will determine whether or not to allow a development right to be severed and transferred from the property. D. Upon a demonstration to the Board of County Commissioners' satisfaction, that the visually constrained property meets the criteria set forth in the Land Use Code, one transferable development right may be granted per existing development right for the property. E. The Board of County Commissioners incorporates the above recitals as the justification for this Ordinance and the addition of section 3-310-070 to the Pitkin County Land Use Code in substantially the form attached hereto as Exhibit 1. F. 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. ORDINANCE # -2005 PAGE 2 G. Section 3-310-070 of the Land Use Code shall expire and be repealed on its own accord, without any further action of the Board, sixty (60) days after adoption. 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 Visually Constrained Site Transferable Development Rights as Section 3-310-070 as set forth in Exhibit 1 hereto. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING AT THE REGULAR MEETING ON THE 27TM DAY OF JULY 2005. NOTICE OF PUBLIC HEAR/NG PUBLISHED IN THE ASPEN TIMES WEEKLY ON 14TM DAY OF AUGUST 2005. APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC HEARING ON THE 24TM DAY OF AUGUST 2005. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE __ DAY OF 2005. THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ADOPTION. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKEN COUNTY, COLORADO Jeanette Jones Clerk and Recorder Patti Kay-Clapper Chair Date: APPROVED AS TO FORM: APPROVED AS TO CONTENT: John M. Ely, Cindy Houben, County Attorney Community Development Director ORDINANCE# -2005 EXHIBIT 1 VISUALLY CONSTRAINED SITE TRANSFERABLE DEVELOPMENT RIGHTS [To be included as section 3-310-070] 3-310-070 Visually Constrained Site. A visually constrained site is one where, in the judgment of the Community Development Staff and by confirmation of the Board of County Commissioners, development would severely impact or destroy a scemc public view plane. 3-310-071 Visually Constrained Site Transferable Development Rights. The Board of County Con~uissioners may allow a development right to be severed and transferred from certain visually constrained lots/parcels pursuant to the procedure of this section and subject to each of the following requirements and the requirements of Section 3-310: 3-310-072 Transferable Development Rights Discretionary. The availability of a Transferable Development Rights as set forth in this section is discretionary, granted through the procedures set forth in this section only upon demonstration by the Applicant of compliance with the standards and criteria of this section. 3-310-073 Standards and Criteria for TDR Eligibility. The Board may grant one transferable development right for every existing development right upon demonstration that the visually constrained lot/parcel meets the following criteria: 3-310-073.1 Preservation Site Visually Constrained. The lot/parcel shall be determined by the Community Development Department to be visually constrained pursuant to the Pitkin County Land Use Code. 3-310-073.2 Rural and Remote Zoning. Visually Constrained Site Transferable Development Rights are not available for property zoned rural/remote. 3-310-074 Procedure to Obtain a Visually Constrained Site Transferable Development Right. The procedure to obtain a visually constrained lot TDR pursuant to the standards of this section shall be as follows: 3-310-074.1 Community Development Department Determination. Any property owner who desires a visually 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 visually constrained pursuant to the Pitldn County Land Use Code and analysis of the site. 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 ORDINANCE # -2005 the property has no visually constraints, and therefore is not eligible for a transferable development fight. 3-310-074.2 Board of County Commissioner Determination. If there is a determination that the property is visually constrained, the Board of County Commissioners shall, at public meeting, make a determination as to whether one transferable development fight per existing development fight for the property will be granted pursuant to the standards of this section. The Board may determine, that in the best interests of the County, no transferable development right shall be awarded. 3-310-074.3 Effect of Determination. The determination that a property is visually constrained pursuant to this section is merely a procedure to allow the Board to grant a transferable development right at the request ora 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.