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Home My WebLink Aboutbocc.ord.032.2005AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS 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.G.�---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 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 of a 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 Ranch. The original code amendment 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. The Pitkin County Planning and Zoning Commission considered the originally proposed code amendments at regularly scheduled meetings on September 9 and October 21, 2003, and recommended approval by a vote of 3-0- 4. The BOCC considered the code amendments proposed by Mr. Stranahan at a duly noticed public hearing on first reading on January 14, 2004. The BOCC tabled the code amendment on second reading on March 10, 2004 to give Mr. Stranahan an opportunity to provide additional information related to the land use application; Mr. Stranahan has not submitted additional information, therefore, the code amendments have been on hold. 5. The Applicant has requested to pursue the portion of Mr. Stranahan's code amendment as specified above. 6. The BOCC considered the proposed code amendment at a duly noticed public hearing on first reading on August 24, 2005. The BOCC voted to approve the proposed amendment on second reading on September 14, 2005. 7. The BOCC finds that the proposed code amendment is consistent with the applicable provisions of the 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. VIII VIII II II VIII III III III IIII III II II III III Page: ' 0 09/26/2005 1 :021 SILVIP DAVIS PITKIN COUNTY CO R 0.00 D 0.00 Ordinance No.dP--2005 Page 2 NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 14°i day of August, 2005. INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the 24°i day of August, 2005. APPROVED AND ADOPTED AFTER SECOND READING on the 14`x' day of September, 2005. PUBLISHED AFTER ADOPTION in the Aspen Times Weekly on the day of Ct ,,-2005. THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. 1 Jones, Clerk t4 the BOCC AS TO FORM: John Ely, Cor y BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY. COLORADO By Patti Kay-Cla per, Chair Date O'�1-2.2-—C APPROVED AS TO CONTENT: )/t (n., Q.)k Cindy Reuben, Community Development Director 515228 I IIIIII VIII IIIIII IIIIII III IIIIIII VIII III VIII IIII It09/26/2005Page: 2 of 4 00 1:021 0/0 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 dwelling 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). 515228 IIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIVIIIIIIVIIIIIIIIIII 09/26/200500001:021 00 Ordinance No. 0.112005 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 growth management exemption may be transferred to a contiguous parcel under separate ownership or an adjacent parcel under the same ownership that is separated from the fathering parcel by a public road or other right-of-way, subject to Special Review and the following additional standards: A. The transfer of the growth management exemption shall 1. Encourage the clustering of buildings and uses' 2. Encourage the preservation of open space agricultural lands and/or wildlife habitat areas; 3. Take advantage of a site's unique natural resources and scenic features and avoid or mitigate any hazardous areas. B. 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 C. A deed restriction shall be recorded against the fathering parcel and the receiving parcel to memorialize the extinguishment of growth management exemption on the fathering parcel and the transfer of the growth management exemption to the receiving parcel prior to recordation of the 1041 site plan plat or other applicable approval for the receiving parcel. 515228 9 09/26/20050.00 9/2620 00 1:021 0/