Loading...
HomeMy WebLinkAbout20050914tagertlakesTO: THRU: FROM: RE: AGENDA ITEM SUMMARY Board of County Commissioners Regular Meeting - September 14, 2005 Cindy Houb~n, Commonity Development Director Suzanne Wolff, Senior Planner* Code Amendment to Allow the Trm~sfer of a Development Right to an Adjacent Parcel - Second Reading SUMIVIARY: The Applicant has proposed to amend the Land Use Code ("Code") provision regarding the growth management exemption for pre-1978 parcels to allow the transfer of a development right to an adjacent parcel in order to encourage clustering, preservation of open space, agricultural lands and/or wildlife habitat areas, and to take advantage ora site's unique natural resources and scenic features, and avoid or mitigate any hazardous areas. George Stranahan originally submitted this code amendment in conjunction with a land use applicatiou for the Flying Dog Ranch. The original code mnendment also proposed to ameud the Code to clarify that historic structures do not count as a unit of density; this amendment is not contemplated at this time. The BOCC approved the code amendmeot by a vote of 5-0 on first reading on August 24, 2005. APPLICANT: Tagert Lakes Family Trust REPRESENTATIVES: Gleon Horn and Gideon Kaufman 1SSUES: The BOCC directed staff to add hmguage to specify that the receiving parcel must have adequate lot area to accommodate the additional dwelling unit. The following language has been added: The receiving parcel shall contain a minimum of two times the minimum lot area in the zone district to be eligible to receive the growth management exemption. RECOM]VIENDATION: Staff and the Planuing Commission recommend that the BOCC adopt a "motion to approve the proposed code amendment to transfer a development right to an adjacent parcel on second reading." AN ORDINANCE OF THE BOARD OF COUNTY COIVIMISSIONERS OF PITKIN COUNTY, COLORADO, AMENDING SECTION 9-110-051(A) OF THE PITKIN COUNTY LAND USE CODE, GROWTH MANAGEMENT EXEMPTION FOR ONE SINGLE-FAMILY DWELLING UNIT ON ANY PARCEL WHICH WAS LEGALLY CREATED BEFORE JUNE 12, 1978 ORDINANCE NO. -2005 RECITALS 1. Tagert Lakes Family Trust ("Applicant") has proposed to amend the Land Use Code ("Code") provision regarding the growth management exemption for pre-1978 parcels to allow the transfer ora development right to an adjacent parcel in order to encourage clustering, preservation of open space, agricultural lands and/or wildlife habitat areas, and to take advantage ora site's unique natural resources and scenic features, and avoid or mitigate any hazardous areas. 2. George Stranahan originally submitted this code amendment in conjunction with a land use application for the Flying Dog Rauch. The original code mnendment also proposed to amend the Code to clarify that historic structures do not count as a unit of density; this amendment is not contemplated at this time. 3. Tbe Pitkin County Ptanning and Zoning Commission considered the originally proposed code ameodments at regularly scheduled meetings on September 9 and October 21, 2003, m~d recommended approval by a vote of 3-0. 4. The BOCC considered the code amendments proposed by Mr. Stmnahan at a duly noticed public hearing on first reading on January 14, 2004. The BOCC tabled the code amendment on second reading on Mamh 10, 2004 to give Mr. Stranahao an opportunity to provide additional infom~ation related to the land use application; Mr. Stranahan has not submitted additional information, therefore, the code amendments have been on hold. 5. Tile Applicant has requested to pursue the portion of Mr. Stranalmn's code amendment as specified above. 6. Tile BOCC considered the proposed code amendment at a duly noticed public hearing on first reading on August 24, 2005. Tbe BOCC voted to approve the proposed mnendment on second reading oil September 14, 2005. 7. The BOCC finds that the proposed code amendment is consistent with the applicable provisions of tile Code. NOW, THEREFORE, BE IT ORDAINED by the BOCC that it hereby amends Title 8 of the Pitkin County Code, the Land Use Code, as follows in Attachment A. Ordinance No. -2005 Page 2 NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 14th day of August, 2005. INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the 24th day of August, 2005. APPROVED AND ADOPTED AFTER SECOND READING on the 14"~ day of September, 2005. PUBLISHED AFTER ADOPTION in the Aspen Times Weekly on the day of ., 2005. THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLIcATIoN FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ATTEST: Jem~ette Jones, Clerk to the BOCC By Date Patti Kay-Clapper, Chair APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, County Attorney Cin~'y ~(~uben, - ' Communily Development Director ATTACHMENT A III. REPEAL AND REENACT SECTION 9-110-051(A), GROWTH MANAGEMENT EXEMPTION FOR ONE SINGLE-FAMILY DWELLING UNIT ON ANY PARCEL WHICH WAS LEGALLY CREATED BEFORE JUNE 12, 1978 9-110-051 Exemption for One Large-Sized Single-Family Dwelling Unit for: Board-approved Subdivisions; Pre-1978 Parcels; and Thirty-Five or More Acre Parcels Created Prior to January 10, 2000 and Located Within the Crystal River or Frying Pan Areas A Growth Management exemption is provided for large single-family dwelling units for: subdivisions approved by the Board of County Commissioners; parcels legally created and configured before June 12, 1978; and thirty-five (35) or more acre parcels created prior to January 10, 2000 and located within the Crystal River or Frying Pan areas as follows: A. Exemption For One Single-Family Dwelling Unit on Any Parcel Which Was Legally Created Before June 12, 1978. The construction of one single-family dwelling unit on a parcel, legally created before June 12, 1978, may be exempted from Growth Management. This exemption is subject to the following: 1. Dwelling Units Limited in Size. Subject to all other required development approvals, the single-family dwelling unit exempted from Growth Management shall be limited to a five thousand, seven hundred fifty (5,750) square feet of floor area exemption. An existing dwetling . unit shall be permitted to expand to the larger of five thousand, seven hundred fifty (5,750) square feet of floor area as provided in this section, or by one thousand (1,000) square feet as provided in Subsection 9-110-052(C). 2. One Single-Family Dwelling Unit Exempted. An improved pre-1978 parcel may be allowed one single-family dwelling unit exempt from Growth Management, notwithstanding the improvement of the parcel with any other structures other than free market dwelling units. If there is an existing free market single-family dwelling unit on the parcel, the unit may be replaced subject to compliance with Subsection 9-110-052(D). 3. Additions Disallowed for Five Years After Certificate of Occupancy. The addition exemption of Subsection 9-110-052(C) shall be prohibited for five (5) years after the issuance of the certificate of occupancy for the dwelling unit created through this exemption, except for additions utilizing transferable development rights to obtain an exemption from Growth Management or the award of allotments through Growth Management. 4. Calculation of Floor Area. The five thousand, seven hundred fifty (5,750) square foot exemption provided through this incentive shall be measured including all residential structures and, where the parcel/lot is less than twenty (20) acres in size, all agricultural buildings. 5. Total Floor Area Reserved. A single-family dwelling unit constructed pursuant to this incentive with less than five thousand, seven hundred fifty (5,750) square feet shall be entitled to the total floor area of five thousand, seven hundred fifty (5,750) square feet for any future development. The construction of additional floor area up to five thousand, seven hundred fifty (5,750) square feet shall not be considered an addition subject to the five-year rule set forth in Subsection 9-110-051(A)(3). Ordinance No. -2005 Attachment A - Page 2 6. Governmental Lands Unqualified. Lands owned or controlled by any governmental entity or division on or before June 12, 1978, do not qualify for this exemption. 7. "Fathering Parcel" Retains Exemption Even if Reconfigured After June 12, 1978. An original "fathering parcel" which was legally configured as of June 12, 1978, retains one Growth Management exemption subject to the limitations of this section, notwithstanding any reconfiguration of the parcel after June 12, 1978. The exemption shall be granted to the parcel which seeks the exemption first in time, or designated in the subdivision or division of the original fathering parcel. 8. The qrowth manaqement exemption may be transferred to a contiquous parcel under separate ownership or an adiacent parcel under the same ownership that is separated from the fathering parcel by a public road or other right-of-way, subiect to Special Review and the followinq additional standards: A. The transfer of the growth manaqement exemption shall: 1. Encouraqe the clusterinq of buildinqs and uses; 2. Encouraqe the preservation of open space, agricultural lands and/or wildlife habitat areas;. 3. Take advantaqe of a site's unique natural resources and scenic features, and avoid or miti.qate any hazardous areas. B The receivinq parcel shall contain a minimum of two times the minimum lot area in the zone district to be eligible to receive the qrowth manaqement exemption. C. A deed restriction shall be recorded aqainst the fatherin.q parcel and the receiving parcel to memorialize the transfer of the growth mana,qement exemption, prior tn recordation of the 1041 site plan, plat or other applicable approval for the receivinq parcel.