HomeMy WebLinkAboutbocc.ord.025.2000 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO,AMENDING SECTION 3-310-030 OF THE LAND USE CODE,
STANDARDS AND CRITERIA FOR THE TRANSFER OF DEVELOPMENT RIGHTS FROM A
RURAL/REMOTE PRESERVATION SITE TO A RECEIVER SITE LOCATED OUTSIDE OF
THE RURAL/REMOTE ZONE DISTRICT
Ordinance No.A57-2000
RECITALS
1. Aspen Valley Land Trust("Applicant")requested that the Board of County Commissioners of
Pitkin County, Colorado("BOCC")consider an amendment to the Land Use Code to allowthe transfer of
development rights from any areas within the Rural/Remote zone district to receiver sites in the nonmetro
area,when the TDRs are used to accomplish land preservation projects.
2. The Pitkin County Planning and Zoning Commission considered the proposed code amendment at a
regularly scheduled meeting on April 4,2000,and recommended approval.
3. The BOCC considered the proposed code amendment on first reading at a duly noticed public
hearing on May 24,2000,and voted to adopt the proposed amendment on second reading on June 14,2000.
4. The BOCC finds that the proposed code amendment is consistent with the County's policies to
promote and encourage the transfer of private inholdings to public ownership,to preserve and protect public
lands from the impacts of incompatible development,and to insure that land use proposals are compatible
with existing neighborhoods.
5. The BOCC further finds that the proposed amendment complies with the applicable provisions of
the Pitkin County Land Use Code.
NOW,THEREFORE,BE IT ORDAINED by the BOCC that it hereby amends Title II of the
Pitkin County Code,the Land Use Code, as follows in Attachment A.
NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 22nd day of
April,2000.
INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the 24th day of May,
2000.
Ordinance No.a5 -2000
Page 2
APPROVED AND ADOPTED AFTER SECOND READING on the 14th day of June,2000.
_PUBLISHED AFTER ADOPTION in the Aspen Times Weekly on the a m day of
�k,v,e 2000.
THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION
FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS.
BOARD OF COUNTY COMMISSIONERS
OF PITKKIpN COUNTY,COLORADO
By
ATTEST: Shellie Roy Harper,Cl air
Date • f 1•d v
ee R. Dean,Clerk to the BOCC
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely,County itey mdy Houben,
Community Development Director
p : �5 -2ooa
ATTACHMENT A
AMEND SECTION 3-310-030 OF THE PITHIN COUNTY LAND USE CODE
3-310-30 Standards and Criteria for the Transfer of Development Rights from a
Rural/Remote Preservation Site to a Receiver Site Located Outside of the
Rural/Remote Zone District
A. Transfer of Development Rights Requires Approval by Special Review: The transfer of
development rights from a preservation site to a receiver site which is not located in the Rural/Remote
Zone District shall be approved by special review pursuant to Subsection 3-210-010 and shall be subject
to each and every requirement of the Code, except as expressly provided for in this section.
B. TDRs May be Severed from Preservation Sites for Use Outside the Rural/Remote Zone
District for Intensity Bonuses and GMQS Exemptions: In addition to any other use permitted by the
applicable zone district, a receiver site shall be eligible for development with TDRs. The transfer of a
TDR to a specific receiver site shall be accomplished through the procedure outlined in Subsection 4-60-
095. Upon compliance with all of the provisions of this section, TDRs may be used on receiver sites for:
1. Floor Area Intensity Bonus: Based on the standards and criteria of this section, TDRs
may be severed from preservation sites and transferred to preservation sites located outside of the
Rural/Remote Zone District to obtain a floor area intensity bonus for permitting a higher allowed square
footage, except where there is an underlying floor area ratio which limits the allowed square footage to
less than fifteen thousand(15,000) square feet and/or a development approval limited the square footage
allowed and does not provide for the use of TDRs;
2. GMQS Exemption. Based on the standards and criteria of this section, TDRs may be
servered from preservation sites and transferred to Receiver Sites located outside of the Rural/Remote
Zone District to obtain growth management quota system exemptions.
C. Transfers from Certain Preservation Site Locations Limited to Certain Receiver Sites
Locations: Unless otherwise exempted by the Board of County Commissioners,4?development rights
from a preservation site located within the Little Annie/Richmond Hill,Maroon/Castle,
Independence/Lincoln and Woody Creek/Hunter Creek planning areas may only be transferred to a
receiver site located within the Metro area or the expanded housing study area of the Aspen Area
Community Plan (up valley of Aspen Village). Board of County Commissioner exemption from this
requirement is available only to land preservation projects by public entities or not-for-profit entities,
such as a land exchange,that result in no net gain of units within the planning area where the receiver site
is located. In determining to grant an exemption to this requirement the Board of County Commissioners
shall consider the extent to which the application for special review advances specific policies of the
Code,the recommendations of the Planning Commission and the comments of the applicable caucus of
the receiving area.
Development rights from a preservation site located within the Fryingpan planning area may only
be transferred to a receiver site located within the non-Metro area of Pitkin County(the area not included
within the Metro area identified in the Aspen Area Community Plan).
D. Standards and Criteria for the Use of TDRs for Intensity Bonuses to Exceed Bulk Area
Attachment A—Page 1
D'•
aS-2000
Restrictions on Receiver Sites: The transfer of a development right from a preservation site to a
qualifying receiver site approved through special review which is not located in the Rural/Remote Zone
District shall entitle the receiver site to an intensity bonus of five thousand (5,000) square feet of
residential floor area per TDR beyond the allowed square footage of the underlying zone district. The
intensity bonus shall not be available to any receiver site where:
1. The underlying zone district contains a floor area ratio restriction that would not permit
the square footage of floor area sought; and/or
2. A prior development approval limited the square footage allowed, and there was no
provision for the use of TDRs to exceed the allowed square footage.
E. Standards and Criteria for the Use of TDRs for GMQS Exemptions: A receiving site
outside of the Rural/Remote Zone District which is approved by special review for development with
TDRs shall be exempt from the growth management quota system only where the square footage
transferred equals or exceeds a certain percentage of the total square footage of the entire unit.
The use of one TDR results in one GMQS exempt unit of up to five thousand(5,000) square feet
in size. Additional square footage may be possible where more than one TDR is used based on the sliding
scale below:
1. Where the total gross floor area of a residential dwelling unit seeking a GMQS
exemption is less than or equal to five thousand(5,000)square feet, a GMQS exemption shall be granted
if the square footage transferred to the unit equals or exceeds thirty percent(30%) of the total square
footage of the unit.
2. Where the total gross floor area of a residential dwelling unit seeking a GMQS
exemption is greater than five thousand (5,000) square feet but less than or equal to seven thousand five
hundred (7,500) square feet, a GMQS exemption shall be granted if the square footage transferred to the
unit equals or exceeds forty percent(40%)of the total square footage of the unit.
3. Where the total gross floor area of a residential dwelling unit seeking a GMQS
exemption is greater than seven thousand five hundred (7,500) square feet but less than or equal to ten
thousand(10,000)square feet, a GMQS exemption shall be granted if the square footage transferred to
the unit equals or exceeds forty-five percent(45%)of the total square footage of the unit.
4, Where the total gross floor area of a residential dwelling unit seeking a GMQS
exemption is greater than ten thousand(10,000) square feet but less than or equal to twelve thousand five
hundred (12,500) square feet, a GMQS exemption shall be granted if the square footage transferred to the
unit equals or exceeds forty-eight percent(48%)of the total square footage of the unit.
5. Where the total gross floor area of a residential dwelling unit seeking a GMQS
exemption is greater than twelve thousand five hundred (12,500) square feet but less than or equal to
fifteen thousand(15,000)square feet, a GMQS exemption shall be granted if the square footage
transferred to the unit equals or exceeds fifty percent(50%)of the total square footage of the unit.
The following chart summarizes the intensity bonuses and GMQS exemptions for transfers of
TDRs to receiver sites located outside of the Rural/Remote Zone District:
Attachment A—Page 2
EXAMPLES OF INTENSITY BONUSES AND GMQS EXEMPTIONS FOR
TRANSFERS OF TDRs OUTSIDE OF THE RURAVREMOTE ZONE DISTRICT
Minimum
Percent Number of TDRs Required for GMQS Exemption
Square and Amount of Intensity Bonus(Not Available to
Footage Exceed F.A.R. Restrictions, or Square Footage
Total Floor Area of Unit from of Limitations Set Forth in Development Approvals)
Seeking GMQS Exemption Transfer
<5,000 SF 30% TDR=5,000 SF GMQS exemption
1 TDR= 5,000 SF intensity bonus
> 5,000 SF, but<7,500 SF 40% 2 TDRs= 7,500 SF GMQS exemption
2 TDRs= 10,000 SF intensity bonus
> 7,500 SF, but< 10,000 SF 45% 3 TDRs= 10,000 SF GMQS exemption
3 TDRs= 15,000 SF intensity bonus
> 10,000 SF,but< 12,500 SF 48% 4 TDRs= 12,500 SF GMQS exemption
4 TDRs=20,000 SF intensity bonus
> 12,500 SF,but< 15,000 SF 50% 5 TDRs= 15,000 SF GMQS exemption
5 TDRs=25,000 SF intensity bonus
Attachment A—Page 3