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HomeMy WebLinkAboutbocc.ord.023.2000 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AMENDMENTS TO THE PITKIN COUNTY LAND USE CODE ADOPTING A NEW GROWTH MANAGEMENT SECTION, ARTICLE IX,ADOPTING THE ASPEN AREA URBAN GROWTH BOUNDARY, ADOPTING/AMENDING CERTAIN DEFINITIONS IN SECTION 8-1, REPEALING FORMER PROVISIONS RELATING TO THE NON-METRO RESIDENTIAL GROWTH MANAGEMENT QUOTA SYSTEM AND LIFTING THE TEMPORARY DEVELOPMENT MORATORIUM ORDINANCE # 023-2000 This Ordinance adopts a new Growth Management Article for development outside of the Aspen Urban Growth Boundary in unincorporated Pitkin County(Attachment"A'). The Ordinance also adopts the Aspen Urban Growth Boundary (Attachment "B") and adopts/amends certain definitions relating to Growth Management in the Pitkin County Land Use Code (the "Code") (Attachment "A"). The Ordinance shall be immediately effective upon adoption and the temporary development moratorium imposed through Ordinance 02A-2000, revised by Ordinance 0213-2000 and final Ordinance 2C-2000, approved at confirmatory reading, shall be simultaneously lifted with the adoption of this Ordinance. This Growth Management Article shall supersede any other provisions in the Code relating to residential Growth Management in the Non-Metro area and that portion of the Metro area which is now outside of the Aspen Urban Growth Boundary. The amendments to the definitions in § 8-1 of the Code shall supersede any prior definitions and shall be uniformly applicable rules of general applicability effective county-wide. RECITALS The Board of County Commissioners of Pitkin County, Colorado makes the following findings: I. AUTHORITY A. Pitkin County has the authority to regulate the use and development of land pursuant to Colorado Revised Statutes: Chapter 28 of Title 30 (County Planning, Zoning, Subdivision); Chapter 65.1 of Title 24(Areas and Activities of State Interest); Chapter 67 of Title 24 (Planned Unit Development Act); Ordinance#023-2000 Page 2 Chapter 20 of Title 29 (Local Government Land Use Control Enabling Act); and Chapter 11 of Title 30 (County Powers and Functions). B. Pitkin County has additional authority to enact Growth Management regulations pursuant to the Colorado Revised Statutes: 1. Section 29-20-104 of the Colorado statutes which provides: Powers of local governments. (1) Without limiting or superseding any power or authority presently exercised or previously granted, each local government within its respective jurisdiction has the authority to plan for and regulate the use of land by:. . . (f) Providing for phased development of services and facilities; (g) Regulating the use of land on the basis of the impact thereof on the community or surrounding areas; and (h) Otherwise planning for and regulating the use of land so as to provide planned and orderly use of land and protection of the environment in a manner consistent with constitutional rights. 2. Section 30-28-106 of the Colorado Statutes which provides: Compliance with other requirements. Except as provided in section 29-20-105 (2)[intergovernmental agreements], where other procedural or substantive requirements for the planning for or regulation of the use of land are provided by law, such requirements shall control. II. APPLICABILITY The Growth Management amendments shall be applicable to the entirety of unincorporated Pitkin County, excluding the Aspen Urban Growth Boundary area which area is defined by Attachment `B" of this Ordinance ("Aspen Urban Growth Boundary area" or "UGB") and is further described in Attachment "A" of this Ordinance in § 8-1, Definitions, "Rural Area" and "Aspen Area Urban Growth Boundary." III. PURPOSE A. Purpose of Adoption of Growth Management Amendments. The purpose of these Growth Management amendments is to manage the rate, type, location, quality and ultimate quantity of growth within the Rural Area of unincorporated Pitkin County to ensure: Ordinance#023-2000 Page 3 1. A rate of growth that results in a controlled, paced growth rate for new subdivisions and thirty-five or greater acre parcels created after June 12, 1978. 2. A type of growth in the Rural Area is that consistent with the existing rural character of the area and provides a division between the urban areas of Aspen, Basalt, Carbondale and Snowmass. 3. An appropriate location of growth that is containable in terms of its locus and will not spawn sprawl. 4. A quality and quantity of growth that: preserves and is compatible with the existing rural character; stabilizes the existing population including the number of permanent residents, visitors and total number of Pitkin County jobs; and prevents incremental urbanization of the Rural Area. 5. The incentivization of certain types of growth that represent the type of development desired in the Rural Area. 6. The provision of limited affordable housing in appropriate locations. 7. The preservation of historic structures. 8. An orderly manner of growth that does not exceed the available capacity of existing public facilities. 9. The orderly provision of public services. 10. The preservation of existing agricultural lands. 11. The preservation of a unique rural character and quality of life. 12. The preservation of important rural and backcountry lands. 13. The preservation of air and water quality. 14. The preservation of the environment, wildlife habitat and wildlife. 15. The conservation of natural resources. B. Purpose of Adoption of Aspen Urban Growth Boundary. The purpose of the adoption of the Aspen Urban Growth Boundary is to implement the 2000 Update to the Aspen Area Community Plan and to delineate the area which will be excluded from the Growth Management amendments as contained in Exhibit "A." IV. ADOPTION OF TEMPORARY MORATORIUM A. On January 10, 2000, by Ordinance 02A-2000, Pitkin County adopted a temporary moratorium on certain development which contained the following findings: The unincorporated area of Pitkin County has experienced significant growth in the last decade. That growth continues at a scale and rate which is not in Ordinance#023-2000 Page 4 keeping with the goals of the community of preserving open areas, requiring development to "pay its own way" by mitigating its impacts, and slowing the overall pace of development in the County. Growth in unincorporated Pitkin County is largely uncontrolled in terms of rate/amount and type/quality of growth. While Pitkin County has utilized a Growth Management Quota System, GMQS has failed to account for and thus regulate the rate and amount of significant growth occurrences, including: (1) development on lots created prior to 1978; (2) construction of replacement structures; and (3) remodeling of existing structures. The intensity of growth currently permitted under existing land use code regulations is resulting in significant environmental degradation. The county has experienced loss of wildlife habitat and agricultural resources, depletion of water resources, unacceptable air quality and excessive consumption of natural resources. A goal of Pitkin County is to preserve our natural environment and the health, well being and quality of life of its citizens. B. The January 10, 2000 Moratorium further stated that the purpose of the Moratorium was to contend with the following identified issues: Significant uncontrolled and unmitigated growth places the area at risk for inappropriate, publicly subsidized, uncoordinated and unplanned development. Significant planning efforts are underway that will define the appropriate amount, rate, type and quality of growth in the area. Such planning efforts will necessitate implementation through amendments to the Land Use Code. A temporary moratorium is necessary to avoid uncoordinated and potentially inconsistent development while the planning efforts and regulatory changes are being completed. C. Finally, the January 10, 2000 Moratorium stated that "the purpose of the temporary moratorium is to allow Pitkin County time to complete its ongoing planning efforts and enact regulations to ensure that future development in the unincorporated area of Pitkin County is undertaken in an appropriate, coordinated and planned manner." D. Studies prepared by the Pitkin County Community Development Department were presented to the Pitkin County staff and officials. One of the studies presented showed that, under the existing system, 88% of all development in the Non-Metro area of Ordinance#023-2000 Page 5 Pitkin County occurred outside of Growth Management, with only approximately 12% of development occurring under the system. V. CITIZEN WORKGROUPS PUBLIC MEETINGS AND HEARINGS A. After the adoption of the January 10, 2000 Moratorium, the Board of County Commissioners convened two workgroups to review potential changes to the County's Growth Management regulations, the Technical Workgroup and the Growth Management Reform Task Force. The Technical Workgroup met on March 29, April 13, April 25, May 2, 2000 and June 7, 2000. The Growth Management Reform Task Force met on March 2, March 9, March 23, April 6, April 13, April 20 and April 27, 2000. Both of these citizen workgroups reviewed first drafts of the proposed Growth Management legislation contained in Attachment"A"hereto. B. General meetings regarding the objectives of the January 10, 2000 Moratorium, including discussion regarding growth management issues, were held by the Board of County Commissioners on January 10, January 12, January 18, January 24, January 31, February 1, February 9 and February 23, 2000. C. The Board of County Commissioners and Planning & Zoning Commission conducted public meetings and public hearings regarding the proposed Growth Management provisions and the adoption of the Aspen Urban Growth Boundary on May 1, May 11, May 16, May 18, May 23, May 25, May 30, May 31, June 6, and June 19, 2000. D. The Planning & Zoning Commission recommended denial of the proposed Growth Management provisions on June 13, 2000. Vl. OTHER FINDINGS A. The Board of County Commissioners finds that the amendments to Growth Management as contained in Attachment "A" will substantially advance the legitimate governmental interest of. providing for phased development of services and facilities; regulating the use of land on the basis of the impact thereof on the community or surrounding areas; and otherwise planning for and regulating the use of land so as to provide planned and orderly use of land and protection of the environment in a manner consistent with constitutional rights. B. The Board of County Commissioners finds that the adoption of the Aspen Urban Growth Boundary area as contained in Attachment `B" will be consistent with the 2000 Aspen Area Community Plan Update, and will otherwise substantially advance legitimate governmental interests in inter-governmental land use planning and coordination. Ordinance#023-2000 Page 6 C. 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 set forth as follows: i. On January 10, 2000, Pitkin County enacted a temporary, six- month moratorium on certain development activities. The purpose of the temporary moratorium was to allow Pitkin County an opportunity to enact regulations to address issues related to growth outside of the Aspen Urban Growth Boundary Area. ii. A first draft of the proposed Growth Management provisions was prepared in early April, 2000 and the provisions were revised numerous times thereafter in response to comments from the public, the Community Development Department, Planning & Zoning Commission and decision making by the Board of County Commissioners. Public meetings and/or public hearings were conducted through April, May and the beginning of June, 2000. A total of twelve public meetings/hearings were held on April 27, May 1, May 11, May 16, May 18, May 23, May 25, May 30, May 31, June 6, June 13, and June 19, 2000. iii. The citizens of Pitkin County have repeatedly expressed their desire that there be no extension of the temporary moratorium and public comment has indicated that there would be a significant hardship placed on the construction industry if the moratorium were longer than six months. iv. It is necessary to adopt the Growth Management provisions by an ordinance which is immediately effective to avoid extension of the temporary moratorium. V. It is necessary to adopt the Growth Management provisions by an ordinance which is immediately effective to avoid inappropriate development which is inconsistent with the new Growth Management provisions since there will be no moratorium in effect. D. Any property owner who contends that the Growth Management provisions constitute a taking of private property without just compensation in violation of the United States and/or Colorado Constitutions shall, as a prerequisite to judicial action, request a taking determination pursuant to section 4-150 of the Pitkin County Land Use Code, as such Code may be amended from time to time. Ordinance#023-2000 Page 7 NOW THEREFORE, be it ordained by the Board of County Commissioners of Pitkin County, Colorado, that: I. The Board hereby amends the Pitkin County Land Use Code as contained in Attachment A(Article IX, Growth Management and Amendments to § 8-1, Definitions) and adopts the Aspen Urban Growth Boundary as contained in Attachment B (Map of Aspen UGB). II. All provisions relating to the Non-Metro Growth Management Quota System for residential development (§§ 3-140, 3-150, 4-60-20 and 4-60-60 and 5- 150) of the Pitkin County Land Use Code are repealed. Residential development located outside of the Aspen Area Urban Growth Boundary and within the Rural Area shall be subject to the new Article IX of the Pitkin County Land Use Code as contained in Attachment A. Residential development located within the Aspen Area Urban Growth Boundary shall be subject to Metro Area Growth Management as set forth in sections 3-150 and 3-160 of the Pitkin County Land Use Code. III. The amendments to the definitions in § 8-1 of the Code shall supersede any prior definitions and shall be uniformly applicable rules of general applicability effective county-wide. IV. The temporary moratorium imposed through Ordinance 02A-200, revised by Ordinance 02B-2000 and final Ordinance 2C-2000, approved at confirmatory reading, is hereby lifted, effective June 19, 2000. V. This Ordinance shall be effective June 19, 2000. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on May 13, 2000. INTRODUCED AND FIRST READ AT A PUBLIC MEETING and regular meeting on the 1 lth day of May, 2000. APPROVED ON CONTINUED SECOND READING AND PUBLIC HEARING on MAY 30, 2000. APPROVED ON THIRD READING AND PUBLIC HEARING on May 31, 2000. APPROVED ON FOURTH READING AND PUBLIC HEARING on June 6, 2000. Ordinance#023-2000 Page 8 APPROVED AND ADOPTED ON FIFTH READING AND PUBLIC HEARING on June 19,2000. NOTICE OF CONFIRMATORY PUBLIC MEETING PUBLISHED IN THE ASPEN TIMES on July 1, 2000. SET FOR CONFIRMATORY PUBLIC MEETING on July 12,2000. EFFECTIVE on June 19, 2000. PUBLISHED AFTER THE ADOPTION IN THE ASPEN TIMES on the 22nd day of July, 2000. A S BOARD OF COUNTY COMMISSIONERS OF`PIITTKIN COUNTY,COLORADO hE ES Shellie Harper, Deputy Clerk and Recorder Chair Date: - . Z.4 •6 J APPROVED AS TO FORM: APPROVED AS TO CONTENT: -_ - -- 7./B•00 Marcella Lars ilson, Cindy Houben, �sista, C ounty Attorney Community Development Director Ordinance # 023=2000, Attachment "A" GROWTH MANAGEMENT REFORM LEGISLATION (Adopted and Effective June 19, 2000) 9-100: PURPOSE AND APPLICABILITY GRI W,M NI NAGWEN " Ktk taunty Land Code, Adlcle IX stab 9.1(IO t[ IYlsd�tgtx►ant:F�liirpiA: Ls and ApRNcahi�k4T , A. 9 t10 r r l ►itaatCGcotivtt lY nri xtt Itt eritiva77 A.s.4 d Exs ipfi 0is 9-�ZQ F. ROrat i4tsa R::: Id r �r r ManaBaitterd.';�itioter enta an#i Camp fttian 9 130 RE RUED �. tt17. Ate►CQMM RC�AL�RQ1fIFTtt CYtAH eMII NT; AL oTM N s AtixQMI11Tit,: 040 REsE�t�t=ORRU�ARM TOURIST ACCOM IODATi�,ai;aROWT t i it+ r� AwaiddmP riTtONN . 9-tv0 ir+ lAatirdliltntffatt:SpIciati lroc:eliur ;t3lttdxiltbtnissiQtt i�l9WatN. rtat 9 200 REL5R3/EDIQ + MA1S1AtsEME1�lT ' 1 t50fi1J titi�n �fatt,Rr�ra I J�ala Crr4hlllli�lnal0amant 91J0 RCRAl:Ash t3ttO11fSf 1 R 111tiA11l► EI�IT ptI21�QSEAND EIPPLIt381L[Tll: 5utsaettcrns A 9 160411 PURR. 1000 Apltl;�e�ttrir e , . The purpose of Rural Area Growth Management is to manage the rate, type, location, quality and ultimate quantity of growth within the Rural Area of unincorporated Pitkin County to ensure: A. A rate of growth that results in a controlled, paced growth rate for new subdivisions and thirty-five or more acre parcels created after June 12, 1978. B. A type of growth in the Rural Area is that consistent with the existing rural character of the area and provides a division between the urban areas of Aspen, Basalt, Carbondale and Snowmass. C. An appropriate location of growth that is containable in terms of its locus and will not spawn sprawl. D. A quality and quantity of growth that: preserves and is compatible with the existing rural character; stabilizes the existing population, including the number of permanent residents, visitors and total number of Pitkin County jobs; and prevents incremental urbanization of the Rural Area. E. The incentivization of certain types of growth that represent the type of development desired in the Rural Area. F. The provision of limited affordable housing in appropriate locations. G. The preservation of historic structures. H. An orderly manner of growth that does not exceed the available capacity of existing public facilities. I. The orderly provision of public services. J. The preservation of existing agricultural lands. K. The preservation of a unique rural character and quality of life. L. The preservation of important rural and backcountry lands. M. The preservation of air and water quality. Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 2 9-100: PURPOSE AND APPLICABILITY N. The preservation of the environment, wildlife habitat and wildlife. O. The conservation of natural resources. SRI A. General. All growth within the Rural Area of Pitkin County is governed by Growth Management and shall require either a Growth Management allotment or qualify for and receive an incentive or exemption. For purposes of this provision growth includes: 1. Any development of a new or redevelopment of an existing residential structure and/or agricultural building requiring a building permit, including all new structures, any remodeled structures, any additions to existing structures and any replacement structures. 2. Any development of a new or redevelopment of an existing commercial structure requiring a building permit, including all new structures, any remodeled structures, any additions to existing structures and any replacement structures. 3. Any development of a new or redevelopment of an existing tourist accommodation unit requiring a building permit, including all new structures, any remodeled structures, any additions to existing structures and any replacement structures. B. Vesting and Applicability Exemptions. This provision shall not apply to: 1. Site Specific Development Plans Approved Prior to June 19,2000 Within the Statutory Vesting Period As Set Forth in Section 4-140. If statutory vesting is determined by the County Attorney's office, the property in issue shall not be required to seek any incentives/exemptions from Growth Management or development allotments to the extent of the Site Specific Development Plan approval, subject to the following: a. The definition of floor area in effect at time of building permit shall apply as a rule of general applicability. b. If no floor area was specified in the development permit for the Site Specific Development Plan, the property may be developed with the uses/structures approved by the development permit up to the floor area permitted in the underlying zone district. Growth Management shall be applicable to any new structures which were not approved through the Site Specific Development Plan. C. At the end of the statutory vesting period, these Growth Management provisions shall be fully applicable to the property as allowed by state law. 2. Unexpired Development Allotments Awarded Prior to June 19,2000. If a development allotment was awarded prior to June 19, 2000 and has not expired, the property in issue shall not be required to seek any further development allotments to develop as originally approved, provided that: a. The property in issue shall be allowed to develop up to the floor area set forth in the development permit, provided that the definition of floor area in effect at time of building permit shall apply as a rule of general applicability. If no floor area was specified in the development permit, the property owner shall be entitled to develop a single-family dwelling unit with up to 5,750 square feet of floor area as set forth in section 9-110-051. b. If the development proposed exceeds the number of units or floor area of the original development allotment and development permit, an incentive/exemption from Growth Management or development allotment shall be required for the additional development. C. If the development allotment is associated with a Site Specific Development Plan approval which is statutorily vested, then section 9-100-020(B)(1)shall apply. 3. County Approved Subdivisions and PUD Approvals Specifying the Square Footage Allowed. Any County approved subdivision and/or planned unit development which was approved prior to Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 3 9-100: PURPOSE AND APPLICABILITY June 19, 2000 which specified the floor area allowed in the development permit shall be permitted to develop as originally approved, provided that: a. The property in issue shall be allowed to develop up to the floor area set forth in the development permit, provided that the definition of floor area in effect at time of building permit shall apply as a rule of general applicability. If no floor area was specified in the development permit, the property owner shall be entitled to develop a single-family dwelling unit up to 5,750 square feet of floor area as set forth in section 9-110-051. b. If the development proposed exceeds the number of units or floor area of the original development allotment and development permit, an incentive/exemption from Growth Management or development allotment shall be required for the additional development. C. If the County approved subdivision or PUD is associated with a Site Specific Development Plan approval which is statutorily vested, then section 9-100-020(B)(1) shall apply. 4. Any Property Determined by a Court of Law or the County to be Vested Under the Common Law of the State of Colorado. The extent of any common law vesting and the applicability of the Growth Management provisions shall be made on a case by case basis. Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 4 9-110: INCENTIVES AND EXEMPTIONS 911pt►�k1t � MIM 'AitAIAGEMENT: Rol ,11 ? F � 91P-p10 it}> E 9•�lR-010 �xi�ij����na��osutara� t�Rta��;I�uR�►L,� ��i�c��at�s 911 p �a �t C(�s{*{+[QQ:$ titQhi';IE1ILt1R{kL/kRF�► aR xb�k1tt�itMs I...K':.:.'1 "' qr ,: yy 11th04 � 1 ,rr ,E� arctBcl,Dweui�Cg llnl . � .n la a ►,c��� tr l Elr n ,�r> ns era i billiQopn;l tl i $116443 Cncrenii �xRt! hsrtraticn o111Wotia,8twcturas 11p-041s IrrcdittvaTrlatt k' t :itlsILa#s 911:it•l p VOMitWNCO�"G, 0wwM tP-r e.t r9 ti '11br L> r =S r3 iwi Aitrs3 Mc.N br IV 111 all i 01W.foi5I 41 1 FirdBeA niv a NOW Irctw00�i 9-11 +ti3t � r,i�o"' > rrtatt>rr�ttdtttontlt{dip �dJt#FE . r� 941h4062ttttir"�11ttit +'or}tun#y Facia 110i-05i4= x+o itpft�»triRar�Cir� iar t f IrIYSplgo Pitt kb 1404114a��i��F�atcirF[slor ri Ctiriby >tre NOR 61t1ir frfr Rtbtic utae 911tl-p5 Ex rapt i>it tot i"xl ti ' tl f r DU;l� 0rd..... tts ^� `vR #a3 e Mz ii It 'i +t i P ' 3 a 'i=+ Growth Management is applicable to all significant development activity,which means that most development must either compete through the Growth Management system or be incentivized or exempted from competition. The purpose of this section is to create certain discretionary incentives and exemptions from Growth Management within the Rural Area. The incentives and exemptions set forth in this section include growth that would normally be included within Growth Management, but because of some over-riding public interest related to the type of growth, an exemption is created. Incentives are created to promote the type, character, location and quality goals of the County in the Rural Area. Some exemptions are also allowed either to continue an historical exemption or to promote another goal of the County. The purpose of these incentives and exemptions is to allow certain types of growth to proceed without competing for and obtaining Growth Management allotments, however these incentives and exemptions are still to be accounted for through the annual growth reports for the Rural Area of Pitkin County. A. Incentives and Exemptions Discretionary. The incentives and exemptions from Growth Management within the Rural Area set forth in this section are discretionary incentives and exemptions, granted through the procedures set forth in section 9-150 only upon demonstration by the Applicant of compliance with the standards and criteria for the exemption. B. Compliance With Code Requirements. As a prerequisite to the grant of any incentive or exemption, the proposed development must comply with all requirements of the Code. No incentive or exemption shall be granted where the development proposed violates the Code. C. Consideration of Comprehensive Plans. The grant of any incentive or exemption shall consider the applicable comprehensive plans, including adopted plans for the incorporated areas of Aspen, Basalt, Carbondale, and Snowmass and the Upper Fryingpan Valley Master Plan. Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 5 9-110: INCENTIVES AND EXEMPTIONS D. Incentivized and Exempted Development Subject to Fair Share Requirements. Notwithstanding any incentives or exemptions granted pursuant to this section, development approved as exempt from Growth Management competition shall be subject to Fair Share Requirements pursuant to Article X, except as specifically exempted therein. � 77770-71- 0-41 .ow W441-:00010r."d '1Z 01 The following table contains a list of the incentives and exemptions available from Growth Management within the Rural Area and the applicable Code section: Code Incentive/ Description of Incentive/Exemption Section Exemption §9-110-041 Incentive ■ INCENTIVE FOR DEED RESTRICTED DWELLING UNITS: V DEED RESTRICTED CATEGORY 1-4 SALE AFFORDABLE HOUSING OR PUBLICLY-OWNED CATEGORY 1-4 AFFORDABLE HOUSING ✓ RESIDENT OCCUPIED DEED RESTRICTED SALE UNITS OR PUBLICLY-OWNED RESIDENT OCCUPIED UNITS ✓ DEED RESTRICTED CARETAKER DWELLING UNITS ✓ AFFORDABLE HOUSING PRESERVATION ZONE UNITS §9-110-042 Incentive ■ INCENTIVE FOR DEVELOPMENT UTILIZING TRANSFERABLE DEVELOPMENT RIGHTS and see§3- 310 ("TDRs"): ✓ GROWTH MANAGEMENT EXEMPTION FOR NEW LOTS ✓ GROWTH MANAGEMENT EXEMPTION FOR ADDITIONAL FLOOR AREA FOR EXISTING DEVELOPMENT ✓ GROWTH MANAGEMENT EXEMPTION To EXCEED 15,000 SQUARE FEET OF FLOOR AREA §9-110-043 Incentive ■ INCENTIVE FOR PRESERVATION OF HISTORIC STRUCTURES: ✓ ONE ADDITIONAL SINGLE-FAMILY UNIT LIMITED TO 5,750 SQUARE FEET OF FLOOR AREA ON A PARCEULOT WHICH CONTAINS AN HISTORIC DWELLING UNIT §9-110-044 Incentive ■ INCENTIVE FOR LARGE LOTS(RS-160 LOTS OR 600+ACRE LOTS) ✓ ONE SINGLE-FAMILY UNIT UP TO 15,000 SQUARE FEET OF FLOOR AREA ON RS-1 60 PARCELS/LOTS OR PARCELS/LOTS GREATER THAN 500 ACRES m §9-110-051 Exemption ■ EXEMPTION FOR ONE LARGE-SIZED SINGLE-FAMILY UNIT UP TO 6,750 SQUARE FEET OF FLOOR AREA ON: v/ LOTS LOCATED IN SUBDIVISION APPROVED BY THE COUNTY PRIOR TO JUNE 19,2000 V PARCELS LEGALLY CREATED AND CONFIGURED PRIOR TO JUNE 12, 1978 v/ THIRTY-FIVE OR MORE ACRE PARCELS CREATED TO PRIOR TO JANUARY 10,2000 AND LOCATED IN THE CRYSTAL RIVER OR FRYINGPAN AREAS §9-110-052 Exemption ■ EXEMPTION FOR REMODELS, SMALLER ADDITIONS AND REPLACEMENT UNITS: V UNLIMITED REMODELS(NO INCREASE IN FLOOR AREA ALLOWED) ✓ ONE REPLACEMENT OF A SINGLE-FAMILY UNIT LIMITED TO THE LARGER OF THE FLOOR AREA OF THE ORIGINAL STRUCTURE OR THE LARGE-SIZED UNIT EXEMPTION(5,750 SQUARE FEET OF FLOOR AREA), IF APPLICABLE V REPLACEMENT OF ADDITIONAL STRUCTURES LIMITED TO THE FLOOR AREA OF THE REPLACED STRUCTURE AND THE ORIGINAL BUILDING FOOTPRINT,UNLESS SPECIAL REVIEW APPROVAL IS OBTAINED v/ ADDITIONS UP TO 1000 SQUARE FEET OF FLOOR AREA §9-110-053 Exemption a EXEMPTION FOR ESSENTIAL COMMUNITY FACILITIES §9-110-054 Exemption a EXEMPTION FOR CREATION OF OPEN SPACE PARCELS AND CREATION OF PARCELS FOR CONVEYANCE TO PUBLIC ENTITIES FOR PUBLIC PURPOSES §9-110.055 Exemption a EXEMPTION FOR EXISTING CDUIEDU IMPROVEMENTS Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted Juno 19,2000) Page 6 9-110: INCENTIVES AND EXEMPTIONS wow illh't.: : There are four types of deed restricted dwelling units that are incentivized through Growth Management: (a)deed restricted Category 1-4 affordable housing sale units and publicly-owned Category 1-4 affordable housing rental units; (b) Resident Occupied ("RO")deed restricted sale units and publicly-owned RO rental units; (c)deed restricted caretaker dwelling units ("CDUs"); and units created through the Affordable Housing Preservation/Planned Unit Development Zone. There is no incentive provided for privately-owned deed restricted rental units; publicly-owned Category 1-4 and RO rental units are incentivized. A. Deed Restricted Category 1-4 Affordable Housing Sale Units. Deed restricted Category 1-4 affordable housing sale units in any zone district where these units are allowed may be exempted from Growth Management. Publicly-owned Category 1-4 affordable housing rental units may also be exempted from Growth Management. Two incentives for the development of Category 1-4 affordable housing units are provided through Growth Management as follows: 1. 70/30 Development Projects in the AH-2/PUD and AH-3/PUD Zones. The development of projects containing a minimum specified mix of seventy percent(70%) deed restricted Category and RO sale housing and a maximum of thirty percent (30%)free market housing may be exempted from Growth Management to incentivize the production of deed restricted Category affordable housing. Where the project is publicly-owned, the Category 1-4 and RO units may be rental units. All 70/30 development projects shall satisfy the following minimum criteria to qualify for a Growth Management exemption: a. AH-2/PUD and AH-3/PUD Zoning Required. A 70/30 development project shall only occur in the AH-2/PUD and AH-3/PUD zones. b. Compliance With Housing Designee Goals and Deed Restrictions Required. A 70/30 development project shall: 1) Contribute to the annual housing production goal and unit mix established by the Aspen/Pitkin Housing Authority for sale units (or rental units, if the project is publicly-owned); and 2) Comply with the deed restrictions required by the Aspen/Pitkin Housing Authority for Category 1-4 and RO sale units (or rental units, if the project is publicly-owned). C. Minimum Specified Dwelling Unit Mix. A 70/30 development project shall comply with the following minimum specified dwelling unit mix: Type of Dwelling Units Required Breakdown of Unit Mix Options by Overall Percentage Within 70% and 30% Categories of Development 70% Deed Restricted 40% minimum for Category 1-4 If there is no free market Category 1-4 sale units(or rental units, if development, the limitation to Affordable Housing publicly-owned) (Category units and 40% of the project's total number Units and RO Housing RO sale units must comprise at least of bedrooms does not apply to the Sale Units (or Rental 60% of the total bedrooms mix in the RO sale units (or rental units, if Units, if Publicly- project) publicly-owned) Owned) 30% maximum for RO sale units Units may be comprised of the (or rental units, if publicly-owned) types of units permitted or (if the project has free market units, approved by special review under limited to an overall total of 40% of the applicable zone district (e.g., the project's total number of single-family, duplex, multi-family) bedrooms including free market Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 7 9-110: INCENTIVES AND EXEMPTIONS bedrooms) All deed restricted category 1-4 units and RO housing units are ■ Category sale units and RO sale units required to be sale units, unless must comprise at least 60% of the publicly-owned in which case they bedroom mix of the project(or rental may be rental units units, if publicly-owned) 30% Free Market M Free market and RO sale units are Free market units are optional, Dwelling Units limited to an overall total of 40% of and are not required the project's total number of Free market units may be bedrooms (or rental units, if publicly- comprised of the types of units owned) permitted or approved by special review under the applicable zone district(e.g., single-family, duplex, multi-family) ■ Free market units may be rental units if permitted in the underlying zone district d. Minimum Design and Locational Criteria. 70/30 development projects shall comply with the following minimum design and locational criteria: 1) The construction quality of the deed restricted sale units (or rental units, if publicly- owned) shall be maximized; 2) The size of the deed restricted sale units (or rental units, if publicly-owned)shall be maximized considering the economics of the project, including the likely profit on any free market units and the restrictions on the pricing of the deed restricted sale units; 3) The development project shall be located considering the criteria contained in the Citizen Housing Plan; and 4) The development project shall be located within one-half mile walking distance (measured from the closest residential structure)from either an existing mass transit stop or an agency approved planned mass transit stop approved by the which will be available prior to the issuance of any Certificates of Occupancy for the project 2. Density Bonus for Deed Restricted Category 1-4 Sale Housing Located Outside of the AH Zone Districts. Deed restricted Category 1-4 sale housing (or rental housing, if publicly-owned) in all zone districts may be exempted from Growth Management. No incentive is provided for deed restricted Category 1-4 rental units, unless publicly-owned. As an additional incentive, the greater of one (1) additional dwelling unit or the total number of units necessary for any mitigation required pursuant to section 3-130-020 may be exempted from Growth Management on any lot or parcel located outside of the AH zone districts. The exemption is subject to special review approval and consideration of the Citizen Housing Plan. The additional Category 1-4 sale units (or rental unit, if publicly-owned) may be allowed even if the lot or parcel is substandard in size and the resulting development on the lot or parcel would not conform with the underlying zone district's minimum parcel size for each dwelling unit. B. Deed Restricted Resident Occupied ("RO") Housing Units. Deed restricted Resident Occupied ("RO")sale units (or rental units, if publicly-owned) in any zone district may be exempted from Growth Management, subject to compliance with the underlying zone district. No incentive is provided for deed restricted RO rental units, unless publicly-awned. C. Density Bonus for Caretaker Dwelling Units("CDUs"). Caretaker Dwelling Units ("CDUs") may be exempted from Growth Management through special review and the standards and criteria of this section. As an additional incentive for the construction of CDUs, one(1)CDU may be allowed and exempted from Growth Management on any lot or parcel. The one(1)CDU may be allowed even if the lot or parcel is substandard in size and the resulting development on the lot or parcel would not conform with the underlying zone district's minimum parcel size for each dwelling unit. The density bonus for CDUs shall be subject to the following criteria: Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 8 9-110: INCENTIVES AND EXEMPTIONS 1. Attached Caretaker Dwelling Units. The Community Development Director may permit one Caretaker Dwelling Unit attached to a single family home (hereinafter"principal dwelling") on any lot or parcel of land which conforms to the minimum lot area requirements within the R-6, R-15, R-15A, R-30, AFR-2, AFR-10, RS-20, RS-30 and RS-160 zone districts under the following conditions and limitations. a. Attached caretaker units shall not exceed seven hundred (700) net livable square feet, except that caretaker units in the R-6 and R-15 zones shall be limited to four hundred (400) net livable square feet. b. The floor area of the caretaker unit shall be included in the total allowed floor area for the lot or parcel of land. C. There shall be provided one (1) off-street parking space for the caretaker unit. d. The applicant shall by deed restriction or other permanent commitment running with the land, guarantee that the caretaker unit shall not be required to be rented; not be sold or otherwise conveyed or separated from the original parcel regardless of the ultimate form of ownership of the caretaker unit; be limited to occupancy by not more than two (2)adults, and related children, who qualify as (and have been found by the Housing Office to be)employees of the community under such guidelines as may from time to time be established by said authority; be rented for terms not less than six(6)months if rented. The Caretaker Dwelling Unit may be occupied by members of the immediate family even though they may not qualify as employees of the community. 'Immediate Family"shall mean a person related by blood or marriage who is a first cousin (or closer relative)and his or her children. e. The Caretaker Dwelling Unit restriction may be removed by the property owner upon approval of the Community Development Director, subject to the requirement that the dwelling is removed or modified. If modified, the remaining improvements must no longer be capable of occupancy as a dwelling unit and must meet otherwise applicable Code requirements. 2. Detached Caretaker Dwelling Units, The Community Development Director may permit Caretaker Dwelling Units up to seven hundred (700) net livable square feet on any size lot in the R-30, AFR-2, AFRA0, RS-20, RS-30 and RS-160 zones, and any other zone districts where caretaker dwelling units are listed as a Special Review use, unless there is a timely objection pursuant to section 9-150-40 in which case the application will be considered by the Board of County Commissioner who may approve or deny the application. The Community Development Director may permit Caretaker Dwelling Units up to four hundred (400) net livable square feet on any size lot or parcel of land in the R-6, R-15 and R-15A zone districts, and any other zone districts where caretaker dwelling units are listed as a Special Review use, unless there is a timely objection pursuant to section 9-150-40 in which case the application will be considered by the Board of County Commissioners who may approve or deny the application. All such units may be attached to, or within, the principal dwelling; within a properly approved outbuilding, or detached. All such units may be approved under the following conditions and limitations: a. The floor area of the caretaker unit shall be included in the total allowed floor area for the lot or parcel of land. b. There shall be provided one(1)off-street parking space for each bedroom within the principal dwelling and one (1) off-street parking space for each bedroom in the caretaker unit. C. The applicant shall by deed restriction or other permanent commitment running with the land, guarantee that the caretaker unit shall not be required to be rented; not be sold or otherwise conveyed or separated from the original parcel regardless of the ultimate form of ownership of the caretaker unit; be limited to occupancy by not more than two (2)adults, and related children, who qualify as (and have been found by the Housing Authority to be) employees of the community under such guidelines as may be from time to time established by said Authority; be rented for terms not less than six (6) months if rented. The caretaker dwelling may be occupied by members of the immediate family (as defined in section 8-1), even though they may not qualify as employees of the community. Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 9 9-110: INCENTIVES AND EXEMPTIONS d. The caretaker dwelling unit restriction may be removed by the property owner upon approval of the Community Development Director, subject to the requirement that the dwelling is removed or modified. If modified, the remaining improvements must no longer be capable of occupancy as a Dwelling Unit and must meet otherwise applicable Code requirements. 3. No Affordable Housing Credit. The provisions of this regulation are for the purpose of providing a voluntary unit(s)on a legally created property in the County.Any unit granted under this provision of the Code shall not be used for mitigation of employee housing requirements as established elsewhere in this Code. D. Single-Family Dwelling Units Created Through the Affordable Housing Preservation/Planned Unit Development Zone. Single-family free market dwelling units up to 5,750 square feet of floor area per unit which are created through the Affordable Housing Preservation/Planned Unit Development zone may be exempted from Growth Management. Additional floor area beyond the 5,750 square foot exemption may be attained by obtaining Growth Management allotments or through the use of transferable development rights. There is no incentive provided for Category 1-4 deed restricted rental housing in the Affordable Housing Preservation/Planned Unit Development Zone. The transfer of development rights (TDRs)from Preservation Sites located in the Rural/Remote Zone District may provide an exemption from Growth Management subject to compliance with section 3-310. The review process shall be as follows: A. New Lots. TDRs may provide an exemption from Growth Management for new dwelling units on newly created lots as provided in section 3-310, subject to a two-step special review process. B. Additional Floor Area for County Approved Subdivisions. Additional floor area up to 15,000 square feet for existing structures in County approved subdivisions may be exempted from Growth Management without special review through the utilization of TDRs as provided in section 3-310. The only approval required shall be a Certificate of Exemption as provided in section 9-150-21. C. Additional Floor Area for Pre-1978 Parcels. Additional floor area up to 15,000 square feet for existing structures on pre-1978 parcels may be exempted from Growth Management through the utilization of TDRs as provided in section 3-310, subject to a one-step special review process. The one-step special review shall be conducted by the Hearing Officer, or, if additional land use approvals are required, the lowest reviewing body conducting the other review. D. Additional Floor Area in Excess of 15,000 Square Feet. Additional floor area in excess of 15,000 square feet for existing structures may be exempted from Growth Management if allowed in the underlying zone district through the utilization of TDRs as provided in section 3-310, subject to a two-step special review process. One additional single-family dwelling unit may be allowed on a parcel that contains an historic structure, subject to the following: A. One Single-Family Unit and Historic Structure Exempt. The additional single-family dwelling unit is exempt from Growth Management up to 5,750 square feet of floor area Only one single-family dwelling unit per parcel as it was configured on June 12, 1978 is permitted in addition to the historic structure(s), regardless of the number of historic structures on the parcel and/or the availability of an exemption pursuant to section 9-110-051. This incentive shall not be available to properties with existing, non-historic single-family dwelling units. The retention of the historic structure is exempt from Growth Management. B. Listing of Historic Structure. The Applicant shall agree to place the historic structure on the National and State Register of Historic Places, if the structure qualifies, and/or the structure must be listed on the Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 10 9-110: INCENTIVES AND EXEMPTIONS Pitkin County inventory. The listing must occur prior to issuance of any building permits for the property. C. Agreement to Maintain Historic Structure. The Applicant shall agree to maintain the historic structure and covenant in a form acceptable to the County Attorney that such maintenance will occur. Expansion of the historic structure necessary to comply with the Uniform Building Code shall be allowed exempt from Growth Management. D. Original Location of Historic Structure Required. No Growth Management exemption shall be available if the historic structure has been moved from its original parcel/lot or is proposed to be moved to another parcel/lot, unless approved through a one-step special review by the Board. A Growth Management exemption obtained through this provision is only available on the parcel/lot where the historic structure is located, and transfer of the exemption to another parcel/lot shall be prohibited, unless approved through a one-step review by the Board. E. Change in Use Requires Special Review Approval. Changes in use of the historic structure may be allowed through a one-step special review by the Board of County Commissioners. F. Additions Disallowed for Five Years After Certificate of Occupancy. The addition exemption of section 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 incentive unless a Growth Management allotment is obtained or transferable development rights are utilized. G. Calculation of Floor Area. The 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 acres in size, all agricultural buildings. H. Total Floor Area Reserved. A single-family dwelling unit constructed pursuant to this incentive with less than 5,750 square feet shall be entitled to the total floor area of 5,750 square feet for any future development. The construction of additional floor area up to 5,750 square feet shall not be considered an addition subject to the five-year rule set forth in section 9-110-043(F). I. "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. a d A Growth Management exemption is provided to incentivize large lots as follows: A. RS-160 Lots. One single-family dwelling unit up to 15,000 square feet of floor area shall be exempt from Growth Management on lots created through RS-160 rezoning and subdivision. The lots created pursuant to the RS-160 zone shall be conforming in size to qualify for this exemption. B. 500+Acre Parcels. One single-family dwelling unit up to 15,000 square feet of floor area shall be exempt from Growth Management on any parcel greater than 500 acres in size. 8 11ty-051 Expmplt a bn for pn t t s-Stzad Stngle I~amtly rA4lir g tlntt fors Bciatd 1pprovett �u!>dh►taioni�; Ilyrgor�t978 lrcals; ttC11`ttrtfpe ctC MarBAtwre Parcels doted pt7ot td'Jartueryr 10,t 0O Intl l.ocatieNti Witt hlk W Crystal Rivet tr Fr ngpxwt: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 or more acre parcels created prior to January 10, 2000 and located within the Crystal River or Fryingpan areas as follows: Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 11 9-110: INCENTIVES AND EXEMPTIONS 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 5,750 square feet of floor area exemption. An existing dwelling unit shall be permitted to expand to the larger of 5,750 square feet of floor area as provided in this section, or by 1,000 square feet as provided in section 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 section 9-110-052(D). 3. Additions Disallowed for Five Years After Certificate of Occupancy. The addition exemption of section 9-110-052(C) shall be prohibited for five(6)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 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 acres in size, all agricultural buildings. 5. Total Floor Area Reserved. A single-family dwelling unit constructed pursuant to this incentive with less than 5,750 square feet shall be entitled to the total floor area of 5,750 square feet for any future development. The construction of additional floor area up to 5,750 square feet shall not be considered an addition subject to the five-year rule set forth in section 9-110-051(A)(3). 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. B. Growth Management Exemption For One Single-Family Dwelling Unit on a Lot in a Subdivision Approved by the Board Prior to June 19, 2000. The construction of one single-family dwelling unit on a lot in a subdivision approved by the Board prior to June 19, 2000 may be exempted from Growth Management scoring and competition, as follows: 1. Dwelling Units Limited in Size. Subject to all other required development approvals, the single-family unit shall be limited to a 5,750 square feet of floor area exemption.An existing dwelling unit shall be permitted to expand to the larger of 5,750 square feet of floor area as provided in this section, or by 1,000 square feet as provided in section 9-110-052(C). 2. Additions Disallowed for Five Years After Certificate of Occupancy. The addition exemption of section 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. 3. Calculation of Floor Area. The 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 acres in size, all agricultural buildings. Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 12 9-110: INCENTIVES AND EXEMPTIONS 4. Total Floor Area Reserved. A single-family dwelling unit constructed pursuant to this incentive with less than 5,750 square feet shall be entitled to the total floor area of 5,750 square feet for any future development. The construction of additional floor area up to 5,750 square feet shall not be considered an addition subject to the five-year rule set forth in section 9-110-051(B)(2). C. Exemption For One Single-Family Dwelling Unit on a Thirty-Five or More Acre Parcel Created Prior to January 10,2000 and Located Within the Crystal River or Fryingpan Areas. The construction of one single-family dwelling unit on a parcel of at least thirty-five acres, legally created before January 10, 2000, and located within the Crystal River or Fryingpan Areas 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 5,750 square feet of floor area exemption. An existing dwelling unit shall be permitted to expand to the larger of 5,750 square feet of floor area as provided in this section, or by 1,000 square feet as provided in section 9-110-052(C). 2. One Single-Family Dwelling Unit Exempted. An improved 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 section 9-110- 052(D). 3. Additions Disallowed for Five Years After Certificate of Occupancy. The addition exemption of section 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 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 acres in size, all agricultural buildings. 5. Total Floor Area Reserved. A single-family dwelling unit constructed pursuant to this incentive with less than 5,750 square feet shall be entitled to the total floor area of 5,750 square feet for any future development. The construction of additional floor area up to 5,750 square feet shall not be considered an addition subject to the five-year rule set forth in section 9-110-051(C)(3). ape , A Growth Management exemption is created for residential remodels, small additions to existing structures and replacement units as follows: A. General Standards and Criteria. An exemption for a residential remodel, small addition or replacement unit shall comply with the following standards: 1. Legally Created Structure. An applicant shall demonstrate that the structure where the remodel, addition or replacement is proposed was legally created by producing a valid copy of the building permit for the structure. In the event a valid building permit for a structure cannot be provided, remodeling or replacement may occur if an applicant demonstrates that the structure was built prior to the issuance of County building permits. 2. Non-Conforming Structures. Non-conforming structures shall comply with the standards for non-conforming uses, if applicable, including any necessary approvals for the expansion of a non- conforming use structure and 1041 environmental hazard review. B. Exemption for Remodeling. Remodeling of residential structures may be exempted from Growth Management as follows: 1. Original Footprint Required. The original footprint of the structure shall not be expanded or relocated. Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 13 9-110: INCENTIVES AND EXEMPTIONS 2. No Change in Use. The use of the structure shall not be changed. 3. No Increase in Floor Area. The floor area of the structure shall not be increased. C. One-Time Exemption for Smaller Additions. Smaller additions to residential structures and/or agricultural buildings may be exempted from Growth Management as follows: 1. Addition Exemption Limited to 1,000 Square Feet of Floor Area. The addition exemption is limited to a cumulative total of 1,000 square feet of floor area per parcel or lot. If an addition is larger than the 1,000 square feet provided through the small addition exemption, there shall be no exemption allowed for any portion of the proposed addition and a Growth Management allotment or the use of transferable development rights shall be required. 2. Delay in Eligibility for Addition Exemption May Apply. The additions exemption is immediately available for existing structures. A delay in the availability of the addition exemption may apply to dwelling units created through the incentive for the preservation of historic structures (section 9-110- 043(F)) and the exemption for large-sized single-family dwelling units for Board approved subdivisions,pre- 1978 parcels and thirty-five or more acre parcels created prior to January 10, 2000 located within the Crystal River or Fryingpan areas (section 9-110-051(A)(3), 9-110-051(B)(2)and 9-110-051(C)(3)). 3. No Change in Use. The use of the structure shall not be changed as a result of the addition. 4. Total Floor Area Reserved. The use of the addition exemption is limited to a cumulative total of 1,000 square feet for all additions constructed after June 19, 2000. The cumulative total of 1,000 square feet of floor area available under the small addition exemption shall be allowed to be utilized in multiple increments smaller than 1,000 square feet with a cap of the total of the incremental additions not to exceed 1,000 square feet of floor area. 5. 1041 Review May be Required. If required, the addition is subject to 1041 environmental hazard review. 6. Additions Available to Certain Non-Conforming Structures. The one-time exemption for smaller additions may be allowed to properties improved with sub-grade space and/or garages which are made non-conforming by virtue of the floor area definition adopted through Ordinance#023-2000 even if it would result in a structure which exceeds the underlying zone district floor area ratio. D. Exemption for Replacement Units. The replacement of legally established single-family residential structures may be exempted from Growth Management, subject to the following: 1. Replacement Limited to Size of Replaced Structure. The replacement structure shall be limited to the floor area of the replaced structure, but not the existing footprint. Provided that, even if the replacement unit would be larger than the replaced structure, if the replacement structure is proposed in a Board approved subdivision. on a parcel legally created and configured prior to June 12, 1978 or a thirty-five or more acre parcel legally created prior to January 10, 2000 and located within the Crystal River or Fryingpan areas, the applicant may be permitted to replace the replaced structure with a single-family dwelling unit up to 5,750 square feet of floor area as allowed in section 9-110-051 (large-sized house exemption 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 Fryingpan areas). 2. Changes in Use Prohibited. A replacement unit shall be utilized for the same type of use (e.g., residential, commercial or tourist accommodation). 3. One Replacement Unit Allowed up to 5,750 Square Feet; Other Replacement Units Limited to Size of Original Unit. Only one replacement exemption per parcel as it was configured on June 12, 1978 or approved by the Board through subdivision is permitted up to 5,750 square feet of floor area as provided in section 9-110-052(D)(1). Additional legally created structure may be replaced on the parcel/lot, limited to the floor area and footprint of the replaced structure, provided that through a one-step Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 14 9-110: INCENTIVES AND EXEMPTIONS special review to the Board of County Commissioners the footprint of the additional replacement structure(s) may be relocated and additional floor area may be attained through Growth Management allotments or the use of transferable development rights. 4. Fathering Parcel Retains Exemption Even if Reconfigured After June 12, 1978. If the parcel is reconfigured and results in the creation of more than one parcel, the original "fathering parcel" which was legally configured as of June 12, 1978, shall retain one Growth Management exemption as provided in section 9-110-052(D)(1), subject to the limitations of this section. The exemption shall be granted to the parcel which seeks the exemption first in time, or may be designated upon subdivision or division of the original fathering parcel. Reconfiguration of the parcel through lot line adjustment shall not affect the availability of the replacement unit exemption. 5. Additions Disallowed for Five Years After Certificate of Occupancy.: The addition exemption of section 9-110-052(C)shall be prohibited for five (5)years after the issuance of the certificate of occupancy for the replacement unit, except for additions which have received Growth Management allotments or additions utilizing transferable development rights to obtain an exemption from Growth Management pursuant to section 3-310. 6. 1041 Required. Replacement units shall be required to obtain 1041 environmental hazard review and approval if any portion of the building footprint is relocated outside of an approved building envelope. The development of essential community facilities may be exempted from Growth Management subject to compliance with this section. A. General. To be eligible for an exemption from Growth Management an applicant must demonstrate that the development: 1. Provides a basic or fundamental public service or public amenity; 2. Will be available to the general public or held for the public's benefit; 3. Serves primarily the local community; and 4. Provides facilities in response to growth and is not itself a growth generator. B, Mitigation of Service Demands.An applicant shall demonstrate the mitigation of demands for: 1. Additional affordable housing; 2. Transportation services and parking; and 3. Basic services such as water supply, sewage treatment,fire and police protection and solid waste disposal. C. Mitigation of Environmental Impacts.An applicant shall demonstrate the development has negligible adverse impacts on: 1. Air quality; 2. Water, land and energy resources; and 3. Scenic quality. Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 15 9-110: INCENTIVES AND EXEMPTIONS 9-110-054 Exemption for Creation of Open Space Parcels and Creation of Parcels for Conveyance to Public Entities for Public Purposes The creation of open space parcels and parcels created for conveyance to public entities for public purposes may be exempted from Growth Management even if the creation of the new parcel results in a parcel which is non- conforming in size, subject to compliance with standards in this section. A. General. To be eligible for a GMQS exemption an applicant must demonstrate that the creation of the open space parcel or parcel created for conveyance to public entities for public purposes: 1. Provides a fundamental public service; 2. Will be conveyed to a public entity for public purposes, or, where the parcel is not conveyed to a public entity, provides for a deed restriction of open space prohibiting all structures and uses incompatible with the open space designation; and 3. Will not result in additional development. B. Mitigation of Service Demands.An applicant shall demonstrate the mitigation of demands for: 1. Additional affordable housing; 2. Transportation services and parking; and 3. Where the open space is in active use, police and emergency medical services are available. C. Mitigation of Environmental Impacts. An applicant shall demonstrate the development has negligible adverse impacts on: 1. Air quality; 2. Water, land and energy resources; and 3. Scenic quality. A single-family dwelling unit up to 5,750 square feet of floor area may be exempted from Growth Management, excluding the floor area of any existing CDU or EDU, as follows: A. Approval for Free Market Unit and CDU/EDU Prior to June 19,2000. To qualify for the exemption, the property shall have obtained approval for a free market single family dwelling unit and a CDU or EDU prior to June 19, 2000. B. Construction of Single-Family Dwelling Unit Prior to June 19, 2000. To qualify for the exemption, a single family dwelling unit shall have been constructed and issued a Certificate of Occupancy on the property prior to June 19, 2000. The single family dwelling unit shall have been intended to be deed restricted as a CDU or EDU upon construction of the other approved single-family dwelling unit. The single-family unit shall be deed restricted as a CDU or EDU at such time as the new free market single family dwelling unit receives a certificate of occupancy. C. Further Deed Restriction Required. Any approved CDUs are required to be deed restricted as EDUs for the exemption for the single family dwelling unit to apply. The EDU deed restriction shall be subject to approval by the County Attorney and shall comply with section 38-12-301 of the Colorado Statutes. Failure to deed restrict an existing structure as an EDU in a form approved by the County Attorney shall result in ineligibility for this exemption. Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 16 9-110: INCENTIVES AND EXEMPTIONS Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 17 9-120: RESIDENTIAL ALLOTMENTS AND COMPETITION 9•f r I '± ►UPWPM �o rr r Ate er # 1� a EE -��-- 9•'r$ir- siRtvi F AIP+I i !' SR7iI01A4.ALF;OTdAEbiT . fr-�2 r alb t�llr>0.0411106,0 t6r4 forWlbtfnobfs - tza .11 riit�� rr dnt Cefrings n iarltIn e ����Kyyyy�yyyy��y6" , IiWy '.. '. IF Af�1l; rF� t' ifrsaani , iia11�eri s� �a Jr� '3 0a .01Mr '" t�,ah r� 6tCalfvlrl A. = ld bij aIPmtok1 ' illf�l� dtnt�lvn`rt�ri�aat�i ;. U, 3 .� � �� v r a e 3 < J, " , '•a '' i m ".1 , 4 a� a. r ° ; . a y ,u 4 a ar , ,1 x Ea �. J The purpose of this section is to establish a method of managing growth in the Rural Area whereby all residential development is controlled through a competition system or the incentive/exemptions contained in section 9-110. Residential development which is not incentivized through or exempted from Growth Management is required to compete for annual development allotments. A competitive system wherein proposed development is considered based on certain standards and criteria of development is established to ensure that residential development is consistent with the purpose set forth in section 9-100-010. Development is scored through this competitive process by the Planning &Zoning Commission and allotments are awarded based to the highest scoring applicant(s). Appeals may be taken to the Board in connection with any scoring, WON"~, NNOW ,: @ 5 3 'i 'r �'i�t r �3 ¢ � me Residential development is subject to annual allotments of permitted development. These allotments are based on the purpose set forth in section 9-100-010 and are intended to ensure that the rate of growth in the Rural Area occurs in a controlled, harmonious manner that does not change the fundamental character of the Rural Area. R � s a a, � The following minimum standards and criteria shall apply to the award of any allotments in the residential Rural Area: A. Compliance With Code Requirements. As a prerequisite to the award of any residential development allotment, the proposed development must comply with all requirements of the Code. No allotments shall be granted where the development proposed violates the Code. An allotment is a pre-requisite to continuation in the land use review process; if an allocation is denied, any pending land use applications shall be denied as well. B. Consideration of Comprehensive Plans. The award of any development allotment shall consider the applicable comprehensive plans, including adopted plans for the incorporated areas of Aspen, Basalt, Carbondale, and Snowmass and the Upper Fryingpan Valley Master Plan. C. Annual Allotment Ceilings. There shall be an annual ceiling for the number of Growth Management allotments granted per year as provided in section 9-120-022. D. Unallocated Allotments Expire Annually. Allotments that are not allotted to any development expire on December 31 of each calendar year, and are not carried forward into future successive years. E. Annual Report Calculating Number of Allotments Available for Competition. By February 1 of Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 18 9-120: RESIDENTIAL ALLOTMENTS AND COMPETITION each year, the Community Development Department shall issue a report calculating the number of allotments available for competition that year. The report shall include a list of: the incentives/exemptions allowed in the prior year; and the total allotments awarded through competition in the prior year. F. Annual Report Calculating Annual Growth Rate. By February 1 of each year, the Community Development Department shall issue a report on the past years rate of growth. The growth rate shall be based on the baseline number of units set forth in the 1976 Growth Management Policy Plan and shall count in its total all development allowed through incentives or exemptions and competition. Additionally, separate rates of growth shall be included in the report which calculate the annual rate of growth in population (permanent, tourist and commuting employee, if available)and the annual rate of growth in Pitkin County employment. This information will be used by the Board of County Commissioners to determine whether revisions to Rural Area Growth Management are necessary. Annual residential allotment ceilings are established for three classes of residential development which may be allowed through Growth Management: (a) new residential subdivisions and thirty-five acre parcels created after June 12, 1978; (b)additional floor area; and (c)the residential development incentivized through or exempted from Growth Management competition. The annual ceilings are as follows: A. New Subdivisions/Post-1978 35+Acre Parcels. New subdivisions and post-1978 35+acre parcels are limited to an annual ceiling of 50,250 square feet of floor area in the Rural Area, divided into three areas as follows: 1. The Rural Area (excluding Crystal/Fryingpan)shall be limited to an annual ceiling of 25,000 square feet of floor area. 2. The Crystal River area shall be limited to an annual ceiling of 17,250 square feet of floor area. 3. The Fryingpan area shall be limited to an annual ceiling of 8,000 square feet of floor area. B. Additional Floor Area. Additional floor area for existing or approved development beyond that allowed through section 9-120-022(A)and/or section 9-110 shall be limited to an annual total of 48,000 square feet, divided into three areas as follows: 1. The Rural Area (excluding Crystal/Fryingpan)shall be limited to an annual ceiling of 40,000 square feet of floor area. 2. The Crystal River area shall be limited to an annual ceiling of 4,000 square feet of floor area. (Properties within the Crystal River area shall be allowed at time of application to elect to compete for floor area in the July 1, second bi-annual round of competition, for the Rural Area pursuant to the allotments available in section 9-120-022(B)(1).) 3. The Fryingpan area shall be limited to an annual ceiling of 4,000 square feet of floor area. (Properties within the Fryingpan area shall be allowed at time of application to elect to compete for floor area in the July 1, second bi-annual round of competition, for the Rural Area pursuant to the allotments available in section 9-120-022(B)(1).) C. Exemptions. Exemptions granted from Growth Management pursuant to section 9-110 shall not be limited on an annual basis. All development subject to Growth Management shall be annually tracked and counted. All awarded development allotments shall be deducted from the annual residential ceilings as set forth in section 9-120-022. Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 19 9-120: RESIDENTIAL ALLOTMENTS AND COMPETITION i F All residential development which does not qualify for an incentive through or exemption from Growth Management shall be required to compete for development allotments based on the standards and scoring criteria set forth in this section. Scoring shall be performed by the Planning&Zoning Commission with an appeal to the Board of County Commissioners as set forth in the procedures of section 9-150. e A. Minimum Threshold Total Score. To qualify for an allotment award, a proposed development must receive a total score of forty-eight(48)points available pursuant to sections 9-120-032 through 9-120-36 (including multipliers)and meet or exceed the minimum threshold for each of the individual categories identified in this section. If the overall minimum threshold is not received or if any of the minimum individual thresholds of individual categories are not met, the application shall be denied. B. Method of Scoring. Scoring is conducted separately for two different types of development: 1) new subdivisions and post-1978 35+acre parcels; and 2) additional floor area. For new subdivisions and post- 1978 35+ acre parcels, scoring shall be performed considering all of the structures for which a Growth Management allotment is sought. For additional floor area, scoring shall be performed considering the entire structure or structures for which the Growth Management allotment for additional floor area is sought. For existing subdivisions seeking additional floor area, scoring shall be performed in each category considering the commitments and contributions of the initial subdivision approval. C. Categories of Scoring, Minimum Thresholds by Category and Multipliers. The following are the categories of scoring and the minimum threshold for each category. Multipliers are applied to each of the categories of scoring in sections 9-120-032 through 9-120-035, and bonus points for affordable housing in section 9-120-36(D), to reflect the relative importance of each category in relation to the other. 1. Availability and Appropriateness of Public and Private Facilities and Services, minimum threshold five (5)points, no multiplier(refer to section 9-120-032); 2. Effect on the Environment and Resource Conservation, minimum threshold five (5) points, multiplier of two (2) (refer to section 9-120-033); 3. Wildlife and Wildlife Habitat Protection, minimum threshold four(4)points, multiplier of two (2) (refer to section 9-120-034); and 4. Consistency with Land Use Goals, minimum threshold five(5) points, multiplier of two (2)or three (3) (refer to section 9-110-035). D. Award of Bonus Points. Bonus points are available to applicants and may be awarded by the Planning &Zoning Commission as provided in section 9-120-036. To qualify for the award of bonus points pursuant to section 9-120-036, a development shall achieve the minimum threshold for each category pursuant to sections 9-120-032 through 9-120-035. The following chart depicts the threshold, minimum and maximum scores by category: Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 20 9-120: RESIDENTIAL ALLOTMENTS AND COMPETITION Scoring Categories SUBSECTIONS OF CATEGORIES AND BASE MINIMUM MAXIMUM MAXIMUM and Multiplier SCORING POINTS(0 TO 2 POINTS) CATEGORY POTENTIAL SCORE WITH THRESHOLD BASE MULTIPLIERS CATEGORY SCORE Availability and ■ Water Service(0-2 points) 5 10 10 Appropriateness of ■ Sewer(0-2 points) Public and Private Facilities and Services ' Storm Drainage(0-2 points) (no multiplier) ■ Fire Protection (0-2 points) ■ Road System(0-2 points) Effect on the ■ Air Pollution (0-2 points) 5 10 20 Environment and ■ Water Resources(0-2 points) Resource Conservation (multiplier=x 2) ' Hazards/Site Disturbance! Environmental Impact(0-2 points) ■ Energy/Water Conservation/Waste Water Reuse (0-2 points) ■ Conservation Through Construction Management Plan (0-2 points) Wildlife and Wildlife ■ Avoidance of Wildlife/Habitat(0-2 4 8 16 Habitat Protection points) (multiplier=x 2) ■ Canine Management(0-2 points) ■ Enhancement or Restoration of Wildlife/Wildlife Habitat(0-2 points) ■ Reduction of Human Influence(0- 2 points) Consistency with Land ■ Open Space/Agricultural Land 5 10 22 Use Goals Preservation(0-2 points) (multiplier=x 2,except (multiplier=x 3) as noted) ■ Visual Impacts (0-2 points) ■ Development Below Allowable Density(0-2 points) ■ Development Below Allowable Intensity(0-2 points) ■ Clustering(0-2 points) Bonus Points ■ Land Preservation Consistent with 0 12 12 (multiplier for the DVCP(0-2 points) mitigation of ■ Creative Bonus(0-4 points) employment generation =x 2) ■ Optimal Mitigation of Employment Generation (0-3 points, multiplier of 2) TOTAL REQUIRED FOR ALLOCATION: Minimum Threshold in Each Category and Total Score of 48(with multipliers) 1 logo The Planning and Zoning Commission shall consider each application's impact upon public facilities and services and rate each development by assigning points according to the following system (minimum threshold score five(5) points; maximum score ten (10)points); no multiplier): Score of 0 - Indicates one of the following: a)total impracticality of providing services due to availability, quality, distance or route, and/or the development is detrimental to the existing level of service in the area; or b)the introduction of public or private facilities and/or urban services is likely to result in a fundamental change to the community character of the area and/or a fundamental change in the type of historical use of the property; or c)the introduction of public or private facilities and/or urban services is Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 21 9-120: RESIDENTIAL ALLOTMENTS AND COMPETITION likely to result in a detriment to the environmental condition of the property or adjacent properties. Score of 1 - Indicates all of the following: a)an acceptable level and type of service meeting the needs of the development and standards of the Code; b)the provision of services will not fundamentally change the character of the area in which the proposed development is located; and c)the provision of the services will not result in a significant detriment to the environmental condition of the property or adjacent properties. Score of 2 - Indicates a level and type of service meeting the needs of the development based on the requirements of the Code and helping to satisfy an existing need of the surrounding area. Also indicates that the provision of services will not change the character of the area in which the development is located or detrimentally affect the environmental condition of the property or adjacent properties. A. Water Service (0-2 points): 1. Capacity, quality and reliability of the water system proposed to serve a development; 2. The demonstration of adjudicated water rights to serve the development; and 3. The capability to attain any necessary water through an augmentation plan. B. Sewer(0-2 points): The type and capability of the sewage disposal system proposed to meet the needs of a development and to dispose of wastes without impact on water quality and in a reliable manner. C. Storm Drainage (0-2 points): 1, The degree to which an applicant proposes to maintain historic runoff patterns and to retain the surface water resulting from development on-site. 2. If a development requires use of the County's drainage system, considering the commitment of an applicant to install necessary drainage control facilities and to maintain the system on a long term basis. D. Fire Protection (0-2 points): 1. Capability of the appropriate Fire Protection District to provide fire protection according to established response standards without establishing a new station, adding equipment or personnel, or making capital improvements; 2. The adequacy of water pressure and capacity for providing fire-fighting flows; 3. The commitment of an applicant to provide fire protection facilities necessitated by a development, including, but not limited to, fire hydrants,water storage tanks, ponds and distribution links; 4. The capability of the Fire District to provide adequate service based upon site design of a development and reliability of the proposed water system. 5. The capability of a development to be a self-sufficient fire protection system in the event response times from the fire district are too slow to protect a development. E. Road System (0-2 points): 1. Capability of the public road network to provide for the needs of a proposed development within acceptable levels of safety and design, as defined by the Pitkin County Road Management& Maintenance Plan; 2. Capability of the public road network to provide for the needs of the proposed development without exceeding the capacity of the existing road network, as defined by the County Engineer. Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 22 9-120: RESIDENTIAL ALLOTMENTS AND COMPETITION 3. Applicant's commitments to finance necessary road system improvements attributable to a proposed development; and 4. Ability to perform any necessary road improvements without resulting in a fundamental change in the character of the area or neighborhood in which the development is proposed. The Planning and Zoning Commission shall consider each application's environmental impacts and resource conservation measures and rate each development by assigning points according to the following system (minimum threshold score five (5) points; maximum score ten (10) points; multiplier of two (2)): Score of 0 - Indicates adverse environmental impacts due to an applicant's unwillingness or inability to mitigate impacts or inadequate mitigation measures proposed by an applicant; Score of 1 - Indicates no adverse environmental impacts or an applicant's complete mitigation of impacts or a development exceeding the standards of the Land Use Code. Score of 2 - Indicates an improvement or enhancement of the existing environment by the applicant. A. Air Pollution (0-2 points): The effect of the development on the community's air quality, including but not limited to whether: 1. Fewer or cleaner woodburning devices than allowed by law will be installed; 2. Existing dirty burning devices will be removed or replaced by cleaner burning devices; 3. Dust prevention measures are employed on the unpaved areas; 4. Any special emission control devices are used; 5. Development proposed utilizes and/or promotes in design and location the use of public mass transit or other non-vehicular transportation; 6. Mitigation of PM10. B. Water Resources (0-2 points): 1. Extent to which the project will impact surface, groundwater and irrigation supply; and 2. Extent to which the project commits to maintain existing surface, groundwater and irrigation supply for domestic uses,wildlife uses, vegetation uses and agricultural uses. C. Hazards and Site Disturbance/Environmental Impact (0-2 points): 1. A proposed development is free from man-made hazards; 2. A proposed development completely avoids development within one-hundred year floodplain hazard areas; high hazard avalanche zones; landslide areas; 30% slopes; rock fall hazard areas; and severe wildfire areas; 3. A proposed development commits to preserve or enhance natural vegetation and terrain on the site and to revegetate disturbed areas with native vegetation; 4. A proposed development commits to minimize the area of disturbance by limiting the size of the building envelope(s), road/driveway cuts, etc.; and 5. A development commits to weed management. Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 23 9-120: RESIDENTIAL ALLOTMENTS AND COMPETITION D. Energy and Water Conservation/Waste Water Reuse (0-2 points): The extent to which an applicant proposes to employ: 1. Passive and/or active solar heating and cooling and thermal insulation measures beyond those required by the Aspen/Pitkin Energy Conservation Code; 2. Water conservation devices and wastewater reuse systems within the development rather than standard plumbing facilities; 3. Renewable non-polluting energy resources for the primary source of energy for the development; 4. "Green"and/or high efficiency building materials and "green"technologies; and 5. Reuse of existing construction materials on-site. E. Conservation Through Construction Management Plan (0-2 points): The extent to which an applicant proposes a Construction Management Plan to: 1. Limit the number of trips to the site through carpooling, storage of tools on site and other innovative measures; 2. Limit the amount of fill removed from the site through limited excavation, regrading and use of the fill on-site; and 3. Control noise and dust generated during construction. 4. Minimize construction and material waste (i.e., reduce, recycle and reuse). The Planning and Zoning Commission shall consider each application in terms of its impact on wildlife and wildlife habitat and rate each development by assigning points according to the following system (minimum threshold score four(4) points; maximum eight(8) points); multiplier of two (2)): Score of 0 - Indicates non-compliance with the policies and standards of the Land Use Code and adverse impacts to wildlife and/or wildlife habitat due to an applicant's inability and/or unwillingness to locate the proposed development away from wildlife and/or wildlife habitat. Score of 1 - Indicates compliance with the policies and standards of the Land Use Code and minimal impact to wildlife and/or wildlife habitat due to an applicant's avoidance of wildlife and wildlife habitat and capability to mitigate most impacts, but lack of total avoidance and lack of total mitigation. Score of 2 - Indicates no adverse impacts to wildlife and/or wildlife habitat due to the applicant's location of the proposed development away from wildlife and/or wildlife habitat and/or the complete mitigation of impacts and a development exceeding the policies and standards of the Land Use Code. Applicants with no wildlife or wildlife habitat on the entire site shall automatically receive a score of two (2) for each sub-category. A. Avoidance of Existing Wildlife and Wildlife Habitat. (0 to 2 points.) The extent to which the proposed development, including the building envelope and other disturbed areas, completely avoids existing wildlife and wildlife habitat including, but not limited to areas mapped by the Division of Wildlife on Wildlife Resource Information maps (1041 environmental hazard maps)or areas identified by the County biologist as: critical winter range; migration corridors; calving areas;waterfowl habitat; fisheries; riparian areas; wetlands; and/or sage, aspen and oak-serviceberry habitat. B. Canine Management. (0 to 2 points.) The extent to which the proposed development commits to prohibiting dogs where the building envelope is located within one-quarter(1/4) mile from mule deer, elk and bighorn sheep severe winter range, winter concentration areas, migration corridors and production areas. Commits Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 24 9-120: RESIDENTIAL ALLOTMENTS AND COMPETITION to kenneling dogs where the building envelope is located within one-half(1/2)mile, but more than one-quarter(1/4) mile, from mule deer, elk and bighorn sheep severe winter range, winter concentration areas, migration corridors and production areas. Where the building envelope is located more than one-half(1/2) mile from mule deer, elk and bighorn sheep severe winter range, winter concentration areas, migration corridors and production areas, automatically award two (2) points. C. Enhancement of Wildlife or Wildlife Habitat. (0 to 2 points.) The extent to which the proposed development commits to enhance existing wildlife or wildlife habitat or to restore native habitat to degraded sites (for example, creating or restoring wetlands and/or riparian habitat. On-site enhancement is preferred, but where there are no significant opportunities for on-site enhancement or restoration, a commitment to enhance or restore other sites in Pitkin County may be considered. D. Reduction of Human Influence. (0 to 2 points.) Consider the extent to which the proposed development commits to cluster development and reduces the zone of influence on wildlife and/or wildlife habitat. The Planning and Zoning Commission shall consider each application's consistency with County Land Use Policies and rate each development by assigning points according to the system in this section (minimum threshold score five (5) points; maximum score ten (10) points); multiplier of two (2)or three (3)as noted below): A. Open Space. (0-2 points; multiplier of three(3).)The extent to which the development preserves desirable undeveloped lands for wildlife, scenic and other desirable resource values, or preserves known agricultural lands, including those which have been historically irrigated, used for food, hay, grains or other feed production, and those used for dry pasture and rangeland, consistent with adopted comprehensive plans and Land Use Policies 2-10, 2-30, 2-120, 2-160, 2-240 and 2-280. Score of 0 - The application is totally inconsistent with adopted comprehensive plans and Land Use Policies 2-10, 2-30, 2-120, 2-160, 2-240, 2-280, and does not preserve valued open space or agricultural lands within a property. Score of 1 - The application is generally consistent with adopted comprehensive plans and Land Use Policies 2-10, 2-30, 2-120, 2-160, 2-240, 2-280, and preserves the most valued open space or agricultural lands within a property. If a property does not contain any valued open space or agricultural lands, it shall automatically be eligible for a score of one(1). Score of 2 - The application is consistent with adopted comprehensive plans and Land Use Policies 2- 10, 2-30, 2-120, 2-160, 2-240, 2-280, and preserves all valued open space or agricultural lands within a property. B. Visual Impacts (0-2 points; multiplier of two (2))Considering the extent to which a development impacts the scenic quality and visual character of an area as viewed from public roadways and the extent to which a development is consistent with the Scenic Overlay standards (Section 3-60-40), Land Use Policy 2-120, and the West Elk Loop Scenic and Historic Byway, notwithstanding the fact that the parcel may be located outside of the mapped scenic overlay (i.e.,within tributary valleys to the Roaring Fork Valley). Score of 0 - The application is inconsistent with the Scenic Overlay review standards (Section 3-60040) and Land Use Policy 2-120. Score of 1 - The application is generally consistent with the Scenic Overlay review standards (Section 3-60-40)and Land Use Policy 2-120. Score of 2 - The application is consistent the Scenic Overlay review standards (Section 3-60-40) and Land Use Policy 2-120. C. Development Below Allowable Density(0-2 points; multiplier of two (2)) Consider the extent to which the development proposed is less than the allowable density in terms of numbers of dwelling units (not including caretaker dwelling units, employee dwelling units or deed restricted affordable housing dwelling units) permitted in the applicable zone district: Ordinance#023-2000,Attachment"A;'Growth Management Reform Legislation(Adopted June 19,2000) Page 25 9-120: RESIDENTIAL ALLOTMENTS AND COMPETITION Score of 0- The application proposes development at a density of 76%to 100% of the density allowed under the zone district which maximizes development on the site under the zoning. Score of 1- The application proposes development at 56%to 75%of the density allowed under the zone district. The applicant shall provide a covenant or other guarantee running with the land, for which Pitkin County shall be a beneficiary, guaranteeing the representation of the density reduction. When competing for additional square footage only, an applicant shall be eligible for a score of one (1) if there is no opportunity to reduce density on a property. Score of 2- The application proposes development at 50% or less of the density allowed under the zone district. The applicant shall provide a covenant or other guarantee running with the land,for which Pitkin County shall be a beneficiary, guaranteeing the representation of the density reduction. D. Development Below Allowable Intensity (0-2 points; multiplier of two(2)) Consider the extent to which the development proposed is less than the allowable intensity in terms of the total amount of square footage of floor area potentially available as an allowed use under the applicable zone district: Score of 0- The application does not commit to reduce the square footage of floor area of development on site. Score of 1- The application agrees to limit square footage to 56%to 75% of the square footage of floor area potentially available under the zone district. The applicant shall provide a covenant or other guarantee running with the land, for which Pitkin County shall be a beneficiary, guaranteeing the representation of the intensity reduction. Score of 2- The application proposes development at 50% or less of the square footage of floor area potentially available under the zone district. The applicant shall provide a covenant or other guarantee running with the land, for which Pitkin County shall be a beneficiary, guaranteeing the representation of the intensity reduction. E. Clustering (0-2 points; multiplier of two (2)) Consider the extent to which the development proposed clusters the structures proposed for development, or,where applicable, clusters the proposed development adjacent to existing or approved development on adjacent properties. Score of 0 - The application does not commit to clustering. Score of 1 - The application commits to limited clustering, but additional clustering is still possible. An applicant shall be eligible for a score of one (1) if development is not clustered and, clustering is determined by the Community Development Department to be inappropriate on a specific property. Score of 2 - The application clusters development to the fullest extent possible. The Planning and Zoning Commission shall consider the award of bonus points as follows (maximum score six (6) points; no multiplier): A. Bonus points may awarded only to development applications which achieve the overall minimum scoring threshold in sections 9-120-032 through 9-120-035. B. The Planning and Zoning Commission shall consider the extent to which an applicant purchases interests in land in order to preserve valuable undeveloped lands or creates conservation easements or dedicates land located in the Agricultural Wildlife Reserve District(AWR)of the Pitkin County Down Valley Comprehensive Plan: Future Land Use Map. Score of 0 - The development does not help meet the goals of the County as identified in the Pitkin County Down Valley Comprehensive Plan regarding the preservation of open space, agricultural and wildlife lands. Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 26 9-120: RESIDENTIAL ALLOTMENTS AND COMPETITION Score of 1 - The development supports the goals and objectives of the Pitkin County Down Valley Comprehensive Plan by preserving open space, agricultural lands and wildlife lands located in the Agriculture Wildlife Reserve(AWR)designated on the Pitkin County Down Valley Comprehensive Plan Future Land Use Map. The applicant must preserve no less than two (2)times the minimum lot size in the zone district where the development is proposed. Score of 2 - The development aggressively supports the goals and objectives of the Pitkin County Down Valley Comprehensive Plan by preserving open space, agricultural lands and wildlife lands located in the Agriculture Wildlife Reserve(AWR)designated on the Pitkin County Down Valley Comprehensive Plan : Future Land Use Map. The applicant must preserve no less than three (3)times the minimum lot size in the zone district where the development is proposed. C. Creative Bonus. Bonus points shall be available to the applicant to specify other creative methods in which the proposed development will achieve the goals of each of the categories set forth in sections 9-120-032 through 9-120-035. To be eligible for a bonus point, the applicant shall specify in which category the bonus point is sought and describe the creative measure which the applicant proposes to further the goal of the category. Only one creative bonus point is available per category,with a total of four possible bonus opportunities except to break ties between applications. At its option, an applicant may submit for one additional creative bonus to be considered in the event of a tie between applications. The Planning &Zoning Commission shall score the creative bonus points as follows: Score of 0—The development does not further the goal or objectives of the category. Score of 1 —The development substantially furthers the goal or objectives of the category. D. Optimal Mitigation of Employment Generation. Bonus Points shall be available to the applicant for the optimal mitigation of employment generation. The Planning and Zoning Commission shall consider the provision of affordable housing in relation to each development application by assigning points according to the system in this section (no minimum threshold ; maximum score three (3)points; multiplier of two (2)): 1. Conversion of Existing Free Market Housing. Any applicant who commits to convert existing free market housing located within the Aspen Area Urban Growth Boundary to deed restricted sale housing pursuant to section 3-130-020 shall be awarded three (3) points. Any applicant who commits to convert existing free market housing located within the Rural Area to deed restricted sale housing pursuant to section 3-130-020 shall be awarded two (2) points. 2. Construction of Affordable Housing. Any applicant who commits to construct sale affordable housing on site for on-site employees pursuant to section 3-130-020 shall be awarded two (2) points. Any applicant who constructs sale affordable housing shall be awarded one (1) point. 3. Dedication of Land. Any applicant who commits to dedicate land within the Aspen Area Urban Growth Boundary pursuant to section 3-130-020 shall be awarded one (1) point. Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 27 9-150: SPECIAL PROCEDURES 9�15Q SFl4Q>� 915baNySF. tj£p( MISf , IX�� N �. y ':tt , (:.' %4✓!! :. A :,5 { 5 7 k..'. 3i x � s %i k..:P a. ! ., £a 1 , , % ..x . e ', �. a � -- , Pursuant to section 9-100-20(A), all development which requires a building permit in the Rural Area of Pitkin County is required to either: 1)obtain an incentive through or exemption from Growth Management; or 2)compete for development allotments, This section sets forth the procedures relating to this requirement. Any application required pursuant to section 9-150 shall be submitted on a form available at the Community Development Department along with payment of a fee to defray the cost of processing the application. The completeness of any application submitted pursuant to section 9-150 shall be determined by the Community Development Department within fifteen (15) days of its receipt. If it is determined that the application is not complete, the Community Development Department shall send a written statement to the applicant outlining the deficiencies. No action shall be taken on any application until all deficiencies have been corrected or otherwise settled. An appeal is available to any aggrieved person pursuant to section 9-150-40. ens : . era An application shall be required for any incentives/exemptions from Growth Management. The application and process shall differ based on the type of approval required for the incentive/exemption to issue. As a prerequisite to building permit issuance, the applicant shall obtain a Certificate of Incentive/Exemption from the Community Development Director which shall signify the granting of an incentive/exemption which exempts a property owner from Growth Management competition. k , An applicant who requires only a building permit, and no additional land use approvals, may apply to the Community Development Director for a Certificate of Incentive/Exemption at time of building permit application. The Community Development Director shall determine the availability of the requested incentive/exemption based on the standards of section 9-110. � e � . An applicant who requires land use approvals prior to building permit issuance shall apply for any requested incentive/exemptions from Growth Management simultaneously with the filing of any applications seeking development approvals. The entity reviewing the land use application shall approve or deny the requested incentive/exemption based on the standards of section 9-110. A Certificate of Incentive/Exemption pursuant to section 9-150-21 shall be required prior to building permit issuance. As a prerequisite to building permit issuance, an applicant who is not eligible for any of the exemptions in section 9- 110 shall be required to compete for development allotments through the following process: A. Submission of Application. The following application deadlines shall be applicable: 1. Application Deadline for New Subdivisions/Post-1978 35+Acre Parcels for Annual Competition. Applications for development allotments for new subdivisions/post-1978 35+ parcels Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 28 9-150: SPECIAL PROCEDURES pursuant to section 9-120-022(A)shall be submitted by November 1, 2000 for competition for allotments for year 2000. Applications for competition for allotments after the year 2000 competition shall be submitted on or before: a. September 1 for residential development. b. November 15 for commercial development. C. October 1 for tourist accommodation development. 2. Application Deadline for Additional Floor Area for Bi-Annual Competition. Applications for development allotments for additional floor area pursuant to section 9-120-022(B)shall be submitted by either January 15 or July 1. B. Amendment of Applications. Applications may be amended to make technical corrections or clarifications. No substantive changes may be made to a complete application prior to the competition and scoring of the application. Only one application may be made per parcel each year. C. Planning &Zoning Commission Meeting Procedure. The Planning &Zoning Commission shall meet to consider all applications for development allotments at a noticed public hearing. Applications for development allotments shall be considered collectively based on the type of development proposed (e.g., residential, commercial or tourist accommodation). The meeting shall be conducted according to the following procedure: 1. Establishment of Time Limitations. The Chair of the Planning &Zoning Commission shall establish time limits for each part of the meeting prior to the beginning of discussion. If oral presentations are limited due to time constraints, anyone may submit written testimony to the official record of the proceedings. 2. Presentation of Staff Report. Prior to any presentation by the applicant, a Community Development staff person shall present a summary of the staffs review of the application(s) based upon the scoring standards. 3. Presentation by Applicant. The applicant or the applicant's representative shall present his or her comments regarding the application(s)consistency with the scoring standards. 4. Citizen Comments. Citizens in attendance at the public hearing, including other applicants competing for an allotment, shall be provided the opportunity to comment. 5. Planning and Zoning Commission Comments and Questions. The Planning and Zoning Commission shall ask questions of the staff, applicant or citizens and make comments regarding the application(s). 6. Miscellaneous Comments and Questions. Additional procedural safeguards such as right of cross-examination shall be granted to citizens and applicants when and to the extent necessary to assure fair and full disclosure. 7. Closure of Public Hearing. After all comments have been considered from the public and the applicant, the public hearing shall be closed by the Chair of the Planning &Zoning Commission. 8. Scoring. The Planning and Zoning Commission shall score the application(s) on the score sheets provided by the staff and submit their score sheets for the staff to calculate the overall score for the application(s)pursuant to section 9-150-30(D). D. Procedure for Scoring Growth Management Quota System Applications. After the public hearing is officially closed, the Planning and Zoning Commission shall consider and score each application based upon the scoring standards in section 9-120. The following scoring procedures shall be adhered to: Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 29 9-150: SPECIAL PROCEDURES 1. Scoring Based on Whole Numbers. Based upon the scoring standards in section 9-120, each voting Planning and Zoning Commissioner shall award a whole number score (not a fractional number)to the application(s)on the score sheets provided by the Community Development Department. 2. Discussion of Scoring. Following the initial scoring, Commission members shall be free to discuss individual scores and to offer justification for such scores. Staff may make comment during this discussion, but no member of the public or the applicant may be permitted comment. 3. Rescoring. Following the close of Planning and Zoning Commission discussions regarding initial scoring, a final scoring round will be held, during which each Commission member shall again identify the number of points, expressed as whole numbers, assigned to the project. Planning and Zoning Commission members shall be free to revise the number of points awarded to a project between the preliminary and final scoring rounds. 4. Calculation of Final Score. After the close of the final scoring round, a project's final average score shall be calculated by: (1)totaling the Commissioners' individual scores; and (2)dividing that total by a number equal to the number of commissioners who participated in the final scoring round. Final average project scores shall be calculated for each of the applicable growth management scoring criteria of section 9-120 and a cumulative score shall be calculated for the criteria as a whole. The final average cumulative score shall constitute the project's final score. 5. Ranking of Applications. Projects shall be ranked in order of their final average scores. 6. Tie-Breaking. In the event of a tie in the scoring of any applications, the Planning & Zoning Commission may consider the additional creative bonus point provided in section 9-120-036(C)to break a tie. 7. Forward Ranking and Final Score to Board of County Commissioners. The ranking of the development applications and calculation of the final Planning &Zoning Commission score shall then be forwarded by resolution to the Board of County Commissioners. E. Board of County Commissioner Award of Allotments and Potential Rescoring. Upon receipt of the Planning and Zoning Commission resolution forwarding their ranking and final scores,the Board of County Commissioners may by resolution, allocate development allotments to the eligible applicant as follows: 1. Majority of the Board May Vote to Rescore. A majority of at least a quorum of the Board of County Commissioners may vote to rescore an application. The rescoring shall be conducted following the same procedure of section 9-150-30(D). 2. Allotments Awardable After Appeal Right Has Expired. No allotment shall be awarded until the appeal period set forth in section 9-150-40 has expired. 3. Allotments Awarded Based on Ranking. In the event of multiple eligible applicants, the Board shall award allotments in the ranking order established by the Planning &Zoning Commission, provided that if the Board elects to rescore any project that ranking may change. 4. Denial of Development Allotments. Development allotments are effectively denied by any scoring that fails to award the minimum number of points per category and/or the total required threshold points. Development allotments may also be denied if a project which met the minimum scoring criteria is ranked below a project consuming the last available allotments for the year. Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 30 9-150: SPECIAL PROCEDURES Any aggrieved person, including the Board of County Commissioners, the Planning &Zoning Commission, the Community Development Department and/or the County Attorney's Office, may file an appeal regarding: 1)the grant or denial of any incentive/exemption from Growth Management; 2)the scoring of any application for development allotments; and 3)the award or denial of any development allotments. A. Filing an Appeal. Any challenges must be filed in writing with the Community Development Department, by any affected or aggrieved parties to the proceedings within fifteen (15)days of the complained action. B. Basis of Appeal. The review of an appeal shall be limited to determining whether there has been an abuse of discretion or a denial of procedural due process. C. Review of Appeal. Appeals shall be reviewed by the Board of County Commissioners within forty- five (45) days of the date of the receipt of the appeal. In reviewing an appeal, the Board of County Commissioners shall consider the development applications based upon the record established in the applicable proceeding and the following standards: 1. Grant/Denial of An Incentive/Exemption. The Board of County Commissioners shall affirm the grant or denial of an incentive/exemption from Growth Management unless it finds an abuse of discretion considering the standards set forth in section 9-110 or a denial of procedural due process. If the Board finds either an abuse of discretion or a denial of procedural due process, the Board may by resolution remand the matter to the reviewing entity responsible for the decision with directions or the Board may grant or deny an incentive/exemption. 2. Scoring of An Application for Development Allotments. The Board of County Commissioners shall affirm the scoring of an application seeking development allotments unless it finds an abuse of discretion considering the standards set forth in section 9-120 or a denial of procedural due process. If the Board finds either an abuse of discretion or a denial of procedural due process, the Board may by resolution remand the matter to the Planning &Zoning Commission with directions or the Board may rescore the project itself. 3. Award or Denial of Development Allotments. The Board of County Commissioners shall affirm the award or denial of development allotments unless it finds an abuse of discretion considering the standards set forth in section 9-120 or a denial of procedural due process. If the Board finds either an abuse of discretion or a denial of procedural due process, the Board may by resolution award or deny development allotments. Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 31 8-1: DEFINITIONS !ij 0 777771 ASPEN AREA URBAN GROWTH BOUNDARY means the area depicted on Attachment"B"to Ordinance#023- 2000 and is further described as the area beginning at a point whence the Northwest corner of Section 34, Township 9 South, Range 85 West bears N41-38-16W 3559.87 feet. Thence: N52-48-38E 412.36 feet; Thence N66-30-17E 171.19 feet; Thence N62-16-25E 342.02 feet; Thence N75-09-19E 313.72 feet; Thence N76-50-25E 253.66 feet; Thence S84-32-40E 67.05 feet; Thence N89-48-24E 1703.51 feet; Thence S89-40-46W 111.75 feet; Thence S89-41-OOW 542.76 feet; Thence S00-15-33E 1326.64 feet; Thence S84-28-21 E 124.58 feet; Thence N89-59-01 E 435.25 feet; Thence N89-58-49E 365.00 feet; Thence N24-18-16E 21.26 feet; Thence N20-22-35E 28.00 feet; Thence N 1 7-47-46E 10.63 feet; Thence NO3-09-35W 58.96 feet; Thence N29-44-42W 19.15 feet; Thence N26-50-26W 11.63 feet; Thence N20-14-37W 18.79 feet; Thence N23-11-55W 9.52 feet; Thence IN 11-38-01 W 8.68 feet; Thence 11-46-56W 20.81 feet; Thence N 10-1 2-50W 14.10 feet; Thence N26-29-32W 87.99 feet; Thence N20-18-30W 33.85 feet; Thence N20-28-20W 30.02 feet; Thence N12-27-42W 23.17 feet; Thence N05-53-37W 19.48 feet; Thence NO2-43-09W 47.43 feet; Thence N05-16-52E 29.88 feet; Thence N 13-55-01 W 29.10 feet; Thence N 12-05-41 W 42.95 feet; Thence N00-53-1 BW 48.38 feet; Thence N08-21-42E 96.27 feet; Thence N 17-44-11 E 64.83 feet; Thence N19-56-46E 32.98 feet; Thence N05-02-33E 8.53 feet; Thence N05-39-49E 45.60 feet; Thence N00-00-OOE 2.75 feet; Thence N34-06-16W 19.17 feet; Thence N41-49-55W 23.99 feet; Thence N36-13-30W 26.65 feet; Thence NO2-42-43W 47.55 feet; Thence N08-42-58W 36.29 feet; Thence N07-58-36W 19.82 feet; Thence N14-24-53W 128.55 feet; Thence N18-14-22W 46.33 feet; Thence N 1 7-29-50W 50.72 feet; Thence N 1 6-46-58W 32.90 feet; Thence N13-44-34W 47.36 feet; Thence NOO-1 5-01 W 57.25 feet; Thence N54-09-44W 27.75 feet; Thence N51-10-54W 35.30 feet; Thence N49-51-24W 27.14 feet; Thence N60-46-19W 24.06 feet; Thence N46-58-30W 25.65 feet; Thence N41-18-31W 43.93 feet; Thence N44-25-02W 26.08 feet; Thence N43-04-10W 15.74 feet; Thence N61-50-34W 84.50 feet; Thence N60-57-40W 44.04 feet; Thence N75-08-59W 17.07 feet; Thence N74-54-56W 33.14 feet; Thence N77-32-54W 50.44 feet; Thence N77-44-50W 25.33 feet; Thence N72-24-48W 29.37 feet; Thence N72-05-07W 30.48 feet; Thence N74-33-13W 9.86 feet; Thence N75-08-59W 17.07 feet; Thence N76-21-39W 34.99 feet; Thence N76-05-23W 27.56 feet; Thence N79-22-49W 16.28 feet; Thence S82-28-12W 21.94 feet; Thence S83-05-20W 16.62 feet; Thence S68-41-39W 13.42 feet; Thence S68-55-52W 16.34 feet; Thence S28-23-35W 26.29 feet; Thence S36-19-03W 18.15 feet; Thence S43-30-20W 10.17 feet; Thence N83-06-09W 15.61 feet; Thence N79-22-49W 14.24 feet; Thence N62-25-32W 25.38 feet; Thence N20-09-06W 43.54 feet; Thence N18-55-29W 9.25 feet; Thence N31-40-16W 29.52 feet; Thence N60-20-49W 29.06 feet; Thence N74-40-54W 29.81 feet; Thence S89-48-32W 37.50 feet; Thence N82-29-26W 27.74 feet; Thence N63-26-06W 2.80 feet; Thence N63-37-40W 33.21 feet; Thence N53-29-04W 32.35 feet; Thence N35-20-1 1 W 28.96 feet; Thence N29-18-57W 37.27 feet; Thence N30-19-36W 36.64 feet; Thence N14-59-50W 56.03 feet; Thence N 1 8-19-16W 19.88 feet; Thence N20-36-49W 29.11 feet; Thence N24-46-31W 14.32 feet; Thence N31-54-29W 15.61 feet; Thence N52-55-03W 13.48 feet; Thence Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 32 8-1: DEFINITIONS N67-04-04W 21.17 feet; Thence N61-30-16W 19.91 feet; Thence N28-55-56W 28.42 feet; Thence N15-25-20W 37.60 feet; Thence N50-26-25W 14.92 feet; Thence N62-29-17W 20.30 feet; Thence N58-38-34W 18.74 feet; Thence N47-22-19W 14.95 feet; Thence N58-59-29W 27.42 feet; Thence N48-48-51 W 13.29 feet; Thence N38-09-26W 8.90 feet; Thence N59-20-58W 7.85 feet; Thence N56-25-49W 16.50 feet; Thence N43-29-33W 13.44 feet; Thence N66-44-27W 15.51 feet; Thence N55-59-33W 25.03 feet; Thence N55-27-06W 18.52 feet; Thence N52-19-47W 21.48 feet; Thence N50-45-16W 22.92 feet; Thence N23-43-13W 18.02 feet; Thence N67-38-35W 16.76 feet; Thence N46-07-24W 18.03 feet; Thence N46-43-15W 20.60 feet; Thence N46-38-12W 27.85 feet; Thence N43-53-28W 13.70 feet; Thence N40-06-03W 12.42 feet; Thence N51-50-34W 13.35 feet; Thence N38-39-35W 5.60 feet; Thence N50-49-35W 60.95 feet; Thence N59-15-52W 75.33 feet; Thence N56-40-22W 93.05 feet; Thence N53-22-03W 96.58 feet; Thence N32-30-59W 60.93 feet; Thence N52-18-46W 73.61 feet; Thence N50-37-50W 50.45 feet; Thence N60-35-50W 51.94 feet; Thence N24-08-44W 63.56 feet; Thence N27-09-26W 43.27 feet; Thence N53-29-04W 32.35 feet; Thence N61-06-48W 66.24 feet; Thence N40-54-52W 59.55 feet; Thence N26-11-17W 8.50 feet; Thence S89-16-21 E 1673.38 feet; Thence N90-00-00E 112.25 feet; Thence N89-58-35E 304.00 feet; Thence N89-36-27E 91.25 feet; Thence S00-40-55W 21.00 feet; Thence S74-14-42W 46.50 feet; Thence S00-00-OOE 20.62 feet; Thence S00-00-OOE 47.38 feet; Thence S00-08-10E 1264.13 feet; Thence S00-00-OOE 121.38 feet; Thence N89-45-21 W 88.00 feet; Thence S00-08-01 W 321.50 feet; Thence S00-08-18W 103.50 feet; Thence S00-07-24W 464.75 feet; Thence S05-42-38E 30.15 feet; Thence S06-10-47E 281.01 feet; Thence S89-24-15W 408.77 feet; Thence S00-00-OOE 1161.88 feet; Thence S01-04-43W 1221.97 feet; Thence N89-56-15W 801.25 feet; Thence S87-29-12W 262.25 feet; Thence S87-30-02W 157.65 feet; Thence N88-03-46W 85.05 feet; Thence N81-58-16W 119.93 feet; Thence N83-30-11 W 115.99 feet; Thence S87-00-35W 167.73 feet; Thence S85-57-54W 60.40 feet; Thence N76-31-03W 125.46 feet; Thence N68-54-44W 81.99 feet; Thence S88-00-26W 873.53 feet; Thence N79-29-10W 116.46 feet; Thence N57-07-01 W 64.00 feet; Thence S00-00-OOE 967.75 feet; Thence N77-33-46W 93.44 feet; Thence N70-55-19W 66.93 feet; Thence N77-31-46W 119.83 feet; Thence S35-02-12W 197.70 feet; Thence N64-59-30W 201.66 feet; Thence S00-58-24W 309.04 feet; Thence S00-10-52W 1503.38 feet; Thence S89-24-09W 587.28 feet; Thence N89-12-49W 127.51 feet; Thence S89-31-21W 15.00 feet; Thence S89-34-26W 218.51 feet; Thence S00-15-32E 719.38 feet; Thence S00-41-09E 250.64 feet; Thence S00-03-37W 238.00 feet; Thence S00-00-OOE 112.38 feet; Thence S00-19-31 W 176.13 feet; Thence S00-19-24W 265.75 feet; Thence N86-52-20E 946.16 feet; Thence N88-41-53W 49.51 feet; Thence N06-04-56E 30.67 feet; Thence N14-53-47W 26.26 feet; Thence N11-32-05W 18.75 feet; Thence N05-52-11W 26.89 feet; Thence N20-46-52W 52.14 feet; Thence N77-01-43W 254.49 feet; Thence S10-57-15E 19.73 feet; Thence S02-31-46E 186.93 feet; Thence S29-01-16E 144.81 feet; Thence S59-39-07E 157.59 feet; Thence S02-41-08W 117.38 feet; Thence S02-08-24E 153.98 feet; Thence SO4-17-42E 307.11 feet; Thence S07-11-30E 159.76 feet; Thence S02-27-55E 191.80 feet; Thence S88-01-11 W 141.08 feet; Thence S89-40-41 W 1335.02 feet; Thence NO3-08-43E 1139.09 feet; Thence N11-18-36W 2.55 feet; Thence N07-16-20W 217.25 feet; Thence N56-28-30W 300.79 feet; Thence S40-00-15W 143.11 feet; Thence N51-40-12W 461.15 feet; Thence S45-05-38W 377.68 feet; Thence Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 33 8-1: DEFINITIONS N64-57-14W 29.53 feet; Thence N39-03-11 W 17.06 feet; Thence N33-41-24W 12.17 feet; Thence N24-16-OOW 33.46 feet; Thence N18-40-36W 37.47 feet; Thence N14-29-30W 41.96 feet; Thence N41-53-38W 22.84 feet; Thence N20-35-53W 19.90 feet; Thence N05-37-50W 35.67 feet; Thence N24-35-14W 37.25 feet; Thence N18-19-46W 21.46 feet; Thence NO3-57-44W 28.94 feet; Thence N07-49-58E 23.85 feet; Thence N17-33-24W 23.21 feet; Thence N34-34-38E 26.87 feet; Thence N32-42-17E 28.22 feet; Thence N44-20-18E 38.27 feet; Thence N31-57-29E 32.12 feet; Thence N04-14-11 W 27.07 feet; Thence N23-52-31 W 16.68 feet; Thence N41-50-57W 38.60 feet; Thence N61-06-19W 52.26 feet; Thence N75-26-11 W 52.69 feet; Thence N48-05-OOW 75.59 feet; Thence N24-39-21 W 16.78 feet; Thence N20-15-38W 39.71 feet; Thence N33-27-48W 52.59 feet; Thence N42-37-18W 27.69 feet; Thence N32-59-02W 135.01 feet; Thence N50-02-33W 60.34 feet; Thence N54-33-29W 52.17 feet; Thence N64-53-44W 39.48 feet; Thence N52-07-30W 71.26 feet; Thence N51-23-19W 46.07 feet; Thence S89-56-36W 253.25 feet; Thence N50-33-21 W 172.55 feet; Thence N69-20-43W 186.75 feet; Thence N43-48-46W 204.75 feet; Thence N05-09-1OW 264,44 feet; Thence N19-07-52W 172.40 feet; Thence N49-26-08W 147,43 feet; Thence N53-46-26W 124.58 feet; Thence N30-41-31W 176.32 feet; Thence N26-50-57W 157.76 feet; Thence N74-44-18W 96.40 feet; Thence N34-37-15W 85.37 feet; Thence N55-28-13W 104.09 feet; Thence N21-02-44W 63.35 feet; Thence N15-26-OOW 42.27 feet; Thence N32-19-49W 70.12 feet; Thence N04-05-08W 14.04 feet; Thence N08-48-24W 71.85 feet; Thence N13-10-41W 26.32 feet; Thence N08-01-49W 30.42 feet; Thence N22-12-13W 19.85 feet; Thence N19-23-04W 14.31 feet; Thence N16-11-21W 8.07 feet; Thence N24-46-31W 7.16 feet; Thence N34-18-02W 19.52 feet; Thence N33-58-36W 13.87 feet; Thence N52-48-01 W 26.05 feet; Thence N56-56-55W 21.77 feet; Thence N37-44-48W 9.80 feet; Thence N36-42-1OW 17.15 feet; Thence N36-23-04W 8.85 feet; Thence N41-38-01W 4.52 feet; Thence N26-04-31 W 13.08 feet; Thence N25-15-11 W 14.65 feet; Thence N36-23-04W 11.80 feet; Thence N40-00-49W 13.22 feet; Thence N40-16-48W 9.67 feet; Thence N23-03-05W 19.15 feet; Thence N24-42-09W 13.76 feet; Thence N12-15-53W 5.88 feet; Thence NO3-28-06E 20.66 feet; Thence N22-50-01 E 2.58 feet; Thence N55-31-06E 27.60 feet; Thence S34-16-16E 136.74 feet; Thence S33-58-36E 13.87 feet; Thence S32-54-19E 5.06 feet; Thence S35-35-51 E 41.66 feet; Thence S35-13-03E 5.20 feet; Thence S33-56-29E 158.06 feet; Thence S35-36-16E 24.91 feet; Thence S35-29-59E 21.96 feet; Thence S31-44-01E 22.34 feet; Thence S34-12-41 E 53.36 feet; Thence N55-42-56E 698.34 feet; Thence S35-33-20E 46.86 feet; Thence 832-48-34E 40.60 feet; Thence S35-28-OOE 46.96 feet; Thence N55-42-47E 193.05 feet; Thence S33-20-56E 58.21 feet; Thence S35-30-11 E 24.11 feet; Thence S35-08-03E 8.25 feet; Thence S35-35-41 E 14.60 feet; Thence S56-18-36W 18.93 feet; Thence N32-34-43W 107.25 feet; Thence N33-53-17W 80.26 feet; Thence S77-07-11 W 75.14 feet; Thence S78-13-54W 3.06 feet; Thence S75-57-50W 3.09 feet; Thence S78-13-54W 3.06 feet; Thence S77-11-45W 2.82 feet; Thence S75-57-50W 3.09 feet; Thence S78-13-54W 3.06 feet; Thence S77-11-45W 2.82 feet; Thence S75-57-50W 3.09 feet; Thence S78-13-54W 3.06 feet; Thence S77-11-45W 2.82 feet; Thence S75-57-50W 3.09 feet; Thence S78-13-54W 3.06 feet; Thence S78-13-54W 3.06 feet; Thence S74-44-42W 2.85 feet; Thence S78-13-54W 3.06 feet; Thence S78-13-54W 3.06 feet; Thence S74-44-42W 2.85 feet; Thence S78-13-54W 3.06 feet; Thence Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 34 8-1: DEFINITIONS S78-13-54W 3.06 feet; Thence S74-44-42W 2.85 feet; Thence S78-13-54W 3.06 feet; Thence S78-13-54W 3.06 feet; Thence S75-57-50W 3.09 feet; Thence S77-11-45W 2.82 feet; Thence S78-13-54W 3.06 feet; Thence S75-57-50W 3.09 feet; Thence S77-11-45W 2.82 feet; Thence S78-13-54W 3.06 feet; Thence S75-57-50W 3.09 feet; Thence S75-00-18W 7.25 feet; Thence N00-13-34E 253.38 feet; Thence N31-33-02W 115.15 feet; Thence N34-39-34W 430.37 feet; Thence N89-39-38E 105.50 feet; Thence N45-26-08E 569.86 feet; Thence N45-39-19W 587.29 feet; Thence S46-30-44W 623.00 feet; Thence N34-27-22W 176.31 feet; Thence S78-51-48W 275.69 feet; Thence NO8-19-44E 219.19 feet; Thence N88-44-37W 256.56 feet; Thence N01-20-40E 649.93 feet; Thence N89-52-25E 680.25 feet; Thence N26-24-32W 123.10 feet; Thence N04-32-38E 56.80 feet; Thence N12-04-50E 142.15 feet; Thence N59-47-22E 89.68 feet; Thence N37-30-11 E 253.37 feet; Thence N84-05-01 E 97.02 feet; Thence N37-49-12E 194.48 feet; Thence N31-26-07E 174.48 feet; Thence N11-43-56E 113.11 feet; Thence N01-03-49E 94.27 feet; Thence N13-51-50W 121.03 feet; Thence S89-13-33E 120.26 feet; Thence NO3-22-28E 106.18 feet; Thence S87-35-14W 89.08 feet; Thence S89-28-OOW 94.00 feet; Thence S89-12-15W 27.00 feet; Thence S89-27-24W 92.25 feet; Thence S88-40-11 W 263.82 feet; Thence N54-53-17W 39.12 feet; Thence N14-11-28E 246.78 feet; Thence N49-20-34W 180.92 feet; Thence N49-27-15W 42.11 feet; Thence N34-10-21 W 181.15 feet; Thence N23-01-21 E 106.75 feet; Thence N41-53-38E 22.84 feet; Thence S80-57-38E 5.57 feet; Thence S81-52-12E 5.30 feet; Thence S83-39-35E 4.53 feet; Thence S83-39-35E 4.53 feet; Thence S83-17-25E 4.28 feet; Thence S86-49-13E 4.51 feet; Thence S86-49-13E 4.51 feet; Thence S84-57-27E 4.27 feet; Thence N90-00-00E 4.50 feet; Thence S86-38-01 E 4.26 feet; Thence N88-45-17E 5.75 feet; Thence N90-00-00E 4.25 feet; Thence N88-24-32E 4.60 feet; Thence N86-49-13E 4.51 feet; Thence N88-18-55E 4.25 feet; Thence N85-14-11 E 4.52 feet; Thence N84-57-27E 4.27 feet; Thence N85-14-11 E 4.52 feet; Thence N82-02-33E 23.48 feet; Thence N04-35-41 E 137.32 feet; Thence N11-15-08E 267.77 feet; Thence N00-21-49W 197.00 feet; Thence N70-46-54W 404.81 feet; Thence N46-35-22W 391.98 feet; Thence N62-46-25W 581.14 feet; Thence N63-44-31 W 333.96 feet; Thence N63-17-36W 407.19 feet; Thence N21-48-05E 453.03 feet; Thence S89-49-11 W 1549.51 feet; Thence S33-53-46E 134.93 feet; Thence S34-20-17E 36.79 feet; Thence S35-13-03E 46.82 feet; Thence S34-59-31 E 3.05 feet; Thence S34-59-31 E 3.05 feet; Thence S30-57-50E 2.92 feet; Thence S34-59-31 E 3.05 feet; Thence S30-57-50E 2.92 feet; Thence S34-59-31 E 3.05 feet; Thence S34-59-31 E 3.05 feet; Thence S30-57-50E 2.92 feet; Thence S34-59-31 E 3.05 feet; Thence S30-57-50E 2.92 feet; Thence S34-59-31 E 3.05 feet; Thence S30-57-50E 2.92 feet; Thence S33-41-24E 22.53 feet; Thence S56-35-54W 41.33 feet; Thence S56-33-36W 15.88 feet; Thence S56-35-45W 778.32 feet; Thence S00-04-19W 198.75 feet; Thence S77-20-46E 118.12 feet; Thence S77-25-39E 35.60 feet; Thence S33-19-35E 21.84 feet; Thence S13-00-24W 178.84 feet; Thence S12-47-56W 57.56 feet; Thence S13-00-32W 300.97 feet; Thence S12-56-47W 290.13 feet; Thence S13-04-53W 61.86 feet; Thence S71-29-30E 246.50 feet; Thence S70-44-42E 770.61 feet; Thence S69-48-51 E 9.06 feet; Thence S70-02-49E 183.52 feet; Thence S19-24-56W 32.34 feet; Thence S65-43-36E 114.63 feet; Thence N49-25-05E 40.16 feet; Thence S69-58-48E 331.53 feet; Thence S69-15-01 E 1090.22 feet; Thence S69-18-16E 36.08 feet; Thence S69-07-33E 547.97 feet; Thence Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 35 8-1: DEFINITIONS N46-32-20E 29.62 feet; Thence N65-27-44W 37.93 feet; Thence N56-16-23W 53.81 feet; Thence N55-57-15W 33.49 feet; Thence N47-05-06E 374.13 feet; Thence N47-16-42E 33.35 feet; Thence S59-58-21 W 238.80 feet; Thence N90-00-00W 439.00 feet; Thence N04-40-01 E 55.31 feet; Thence N90-00-00W 85.50 feet; Thence N90-00-00W 125.25 feet; Thence N90-00-00W 26.75 feet; Thence N90-00-00W 159.00 feet; Thence N90-00-00W 87.50 feet; Thence N56-31-25W 9.29 feet; Thence N56-58-34W 5.96 feet; Thence N45-22-26W 94.84 feet; Thence N86-51-49E 109.66 feet; Thence N89-03-11 E 30.25 feet; Thence S17-41-27W 30.44 feet; Thence S00-00-OOE 28.62 feet; Thence S03-07-49E 32.05 feet; Thence S21-04-33E 40.32 feet; Thence S35-38-38E 54.91 feet; Thence S34-33-40E 91.22 feet; Thence S32-40-42E 106.03 feet; Thence S35-42-09E 171.79 feet; Thence S34-11-10E 8.01 feet; Thence S35-15-51 E 103.49 feet; Thence S36-45-33E 12.95 feet; Thence S36-27-56E 67.30 feet; Thence S45-32-57E 110.67 feet; Thence S47-58-10E 122.85 feet; Thence S52-48-19E 96.98 feet; Thence S52-46-56E 107.05 feet; Thence S50-33-18E 106.83 feet; Thence S47-25-26E 66.88 feet; Thence S47-29-22E 20.35 feet; Thence S26-33-54E 3.91 feet; Thence S28-45-35E 30.66 feet; Thence S28-22-09E 14.21 feet; Thence S20-20-29E 81.99 feet; Thence S08-26-55E 146.34 feet; Thence S16-25-20E 12.38 feet; Thence S15-53-43E 117.75 feet; Thence S32-45-52E 133.04 feet; Thence S33-00-24E 34.88 feet; Thence S36-08-11 E 164.06 feet; Thence S36-20-02E 24.05 feet; Thence S33-41-24E 86.98 feet; Thence S39-43-44E 83.70 feet; Thence S40-38-54E 99.02 feet; Thence S38-31-26E 65.83 feet; Thence N87-35-39E 29.78 feet; Thence N89-56-55E 139.25 feet; Thence S89-58-08E 230.25 feet; Thence N89-42-29E 834.01 feet; Thence S54-15-05E 1218.91 feet; Thence S19-48-41 W 684.51 feet; Thence S37-06-40E 53.45 feet; Thence S89-16-59E 589.30 feet; Thence S00-29-23E 3861.39 feet; Thence S01-25-10E 1806.55 feet; Thence S89-31-OOE 1141.29 feet; Thence S55-57-35W 28.36 feet; Thence S37-38-45W 90.46 feet; Thence S32-09-08W 103.35 feet; Thence S44-41-OOW 111.99 feet; Thence S27-54-25W 116.98 feet; Thence S22-22-08W 103.14 feet; Thence S35-40-50W 215.60 feet; Thence S40-39-02W 157.34 feet; Thence S63-06-49W 159.49 feet; Thence S66-26-35W 181.09 feet; Thence S63-06-49W 159.49 feet; Thence S37-05-22W 169.55 feet; Thence S52-50-29W 158.73 feet; Thence S47-24-16W 103.24 feet; Thence S01-19-56W 21.51 feet; Thence S36-07-39W 94.56 feet; Thence S27-30-43W 13.53 feet; Thence S05-35-10E 74.48 feet; Thence S00-21-22E 120.63 feet; Thence S18-31-52W 235.19 feet; Thence S22-14-04W 122.89 feet; Thence S00-57-46E 208.28 feet; Thence S08-25-58W 90.35 feet; Thence S01-15-58W 45.26 feet; Thence S25-46-10E 56.35 feet; Thence S20-58-47E 35.61 feet; Thence S03-15-40W 43.95 feet; Thence S23-00-19W 24.31 feet; Thence S64-34-51 W 27.96 feet; Thence S85-54-52W 40.35 feet; Thence N84-25-56W 39.94 feet; Thence N84-35-46W 27.87 feet; Thence N72-16-51 W 117.05 feet; Thence S88-44-02W 45.26 feet; Thence S86-11-09W 11.27 feet; Thence S78-14-30W 59.50 feet; Thence S64-00-13W 45.06 feet; Thence S35-14-18W 33.36 feet; Thence S24-55-05W 70.02 feet; Thence S25-19-39W 90.58 feet; Thence S25-33-17W 53.90 feet; Thence S89-55-01 E 690.75 feet; Thence S00-00-OOE 112.62 feet; Thence S01-52-58W 342.43 feet; Thence 81-11-54E 441.95 feet; Thence N32-52-52E 14.74 feet; Thence N17-55-46E 1151.55 feet; Thence N05-54-52E 300.85 feet; Thence N89-40-06E 237.50 feet; Thence S00-19-49E 520.26 feet; Thence S89-59-24E 708.75 feet; Thence S45-13-04E 23.25 feet; Thence S75-12-24E 110.15 feet; Thence N71-13-OOE 52.02 feet; Thence Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 36 8-1: DEFINITIONS N83-19-47E 74.25 feet; Thence N73-44-46E 89.32 feet; Thence N61-07-41 E 102.77 feet; Thence S45-26-15E 11.58 feet; Thence S76-17-14E 118.12 feet; Thence S06-03-47W 111.25 feet; Thence S85-44-28E 353.48 feet; Thence SOO-36-49E 443.53 feet; Thence S89-19-54E 2571.43 feet; Thence S88-24-32E 40.52 feet; Thence S53-55-34W 543.45 feet; Thence S03-15-08W 202.70 feet; Thence S82-20-08E 115.28 feet; Thence S49-59-07E 350.90 feet; Thence S32-49-22W 467.22 feet; Thence S01-15-54E 158.54 feet; Thence N88-06-47E 341.69 feet; Thence NOO-34-OOE 783.66 feet; Thence N72-05-22E 297.94 feet; Thence N32-57-37E 212.29 feet; Thence N23-43-23E 188.28 feet; Thence N63-32-06E 192.13 feet; Thence N26-55-45E 624.32 feet; Thence N42-10-28W 301.24 feet; Thence N17-21-04E 915.41 feet; Thence N16-19-52E 387.64 feet; Thence N17-08-51E 705.48 feet; Thence N09-19-37E 731.17 feet; Thence N04-25-22W 113.46 feet; Thence N10-21-48W 197.34 feet; Thence N74-57-27E 224.44 feet; Thence N21-41-49E 76.41 feet; Thence N72-00-46E 242.87 feet; Thence N18-17-58E 33.44 feet; Thence N89-41-27E 810.51 feet; Thence S10-40-37E 330.60 feet; Thence N60-11-39E 116.69 feet; Thence N87-02-21E 166.97 feet; Thence S21-46-34W 316.73 feet; Thence S67-08-36E 60.50 feet; Thence N28-37-53E 598.43 feet; Thence S68-12-30E 137.04 feet; Thence N24-33-40E 481.16 feet; Thence S20-08-28E 46.47 feet; Thence S45-27-04E 56.13 feet; Thence S69-24-23E 89.20 feet; Thence S47-52-24E 206.29 feet; Thence S13-08-21 E 89.08 feet; Thence S28-30-30E 156.61 feet; Thence S12-27-46E 70.67 feet; Thence S14-58-10E 96.78 feet; Thence S30-29-09E 35.97 feet; Thence SOO-48-41 W 1412.39 feet; Thence N89-40-57E 1443.52 feet; Thence S01-20-09W 1372.75 feet; Thence N89-41-12E 1348.27 feet; Thence S01-26-39W 515.79 feet; Thence N58-13-54E 1550.84 feet; Thence N11-38-08W 215.68 feet; Thence N31-10-57E 774.96 feet; Thence N59-42-31 W 294.16 feet; Thence NOO-09-05E 1703.13 feet; Thence N56-40-04W 333.03 feet; Thence N18-41-40W 680.92 feet; Thence S44-20-56W 186.69 feet; Thence N74-10-07W 189.70 feet; Thence N08-10-24W 374.55 feet; Thence S85-03-13W 436.38 feet; Thence N04-09-58E 120.44 feet; Thence N53-25-37E 135.10 feet; Thence N41-50-08W 147.30 feet; Thence NO2-51-47E 600.62 feet; Thence N79-53-24W 1174.23 feet; Thence SOO-38-19W 246.77 feet; Thence S84-15-21 W 295.99 feet; Thence NO3-29-36E 484.15 feet; Thence N88-34-OOW 264.83 feet; Thence N45-24-07E 226.81 feet; Thence N58-11-56W 528.01 feet; Thence N45-45-37E 153.19 feet; Thence N57-42-49W 59.44 feet; Thence N47-53-13E 719.51 feet; Thence N44-42-49W 159.19 feet; Thence N56-17-10E 586.66 feet; Thence to the Point of Beginning. ADDITION means the adding on to a structure, usually resulting in an increase in floor area. An addition includes the adding on to a structure even where a portion of the structure is demolished and not replaced. CRYSTAL RIVER AREA means the area depicted on Attachment"B"to Ordinance#023-2000 and is further described as all land in Pitkin County west of the following line: Beginning at a point on the Northern line of Pitkin County whence the Southwest corner of Section 8, Township 8 South, Range 87 West bears S64-25-09W 1822.66 feet: Thence: SOO-06-53E 18343.54 feet; Thence SOO-17-45W 3487.30 feet; Thence SOO-17-46W 3436.05 feet; Thence SOO-40-15W 16591.39 feet; Thence S29-53-57W 3786.03 feet; Thence S23-48-32W 3049.39 feet; Thence S43-52-26W 2959.64 feet; Thence S03-00-55W 3122.45 feet; Thence Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 37 8-1: DEFINITIONS S27-12-58E 6458.96 feet; Thence S45-32-46E 6092.62 feet; Thence S29-21-25E 3012.76 feet; Thence S19-21-35E 3217.96 feet; Thence S16-30-20E 2310.72 feet; Thence S34-41-40E 2594.87 feet; Thence S33-41-24E 2662.70 feet; Thence S51-50-30E 2921.89 feet; Thence S41-43-20E 1689.66 feet; Thence S35-11-52E 4574.50 feet; Thence S15-00-17E 3404.84 feet; Thence S18-06-39E 3816.85 feet; Thence S16-13-41E 1357.07 feet; Thence where it intersects with the Southern boundary of Pitkin County. FLOOR AREA means the sum of the gross horizontal surfaces of each floor of a building or structure. In calculating floor area, the following rules shall apply: I. For properties within the Rural Area and properties within the Aspen Area Urban Growth Boundary not subject to floor area ratio restrictions through underlying zoning, the following shall apply to the calculation of floor area: A. General: In measuring floor area, all dimensions shall be taken from the outside face of framing or other primary wall members or from the center line of walls separating adjoining units of a building or portion thereof. Fireplaces, elevators, stairs and similar features are included in the floor area on each floor. B. Measurement of Total Floor Area for a Property: In measuring floor area for a property, for parcels under twenty (20)acres in size, all structures shall be included in the calculation. For parcels over twenty acres in size, all structures shall be included in the calculation except for agricultural buildings. C. Roof Overhangs and Decks: The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall include the area under the horizontal projection of roofs or floors, when the roof or floor exceeds five feet (5'). These architectural projections are exempt for five (5')of the perimeter of each story of the structure. This exemption cannot be used to transfer space between floors. D. Decks, Balconies, Stairways and Similar Features: Structures that exceed thirty inches (30")above natural or finished grade, and that are not covered by a roof or architectural projection from a building, are exempt from floor area for up to fifteen percent(15%)of the approved floor area for the subject parcel or lot. Any areas in excess of fifteen percent(15%)shall be counted toward floor area. E. Crawl Space: Crawl spaces shall be exempt from the calculation of floor area, even if exposed above natural grade, so long as the height of the crawl space does not exceed five feet six inches (5'6"). F. Attic Space: That portion of attic space where the distance between the floor and ceiling exceeds five feet six inches (5'6") in height shall count as floor area. II. For properties within the Aspen Area Urban Growth Boundary subject to floor area ratio restrictions through underlying zoning, the following shall apply to the calculation of floor area: A. General: In measuring floor area, all dimensions shall be taken from the outside face of framing or other primary wall members or from the center line of walls separating adjoining units of a building or portion thereof. Veneer facades up to eight inches in thickness shall be excluded from the calculation of floor area; that portion of a facade which exceeds eight inches shall be included. Fireplaces, elevators, stairs and similar features are included in the floor area on each floor. B. Roof Overhangs and Decks: The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall include the area under the horizontal projection of roofs or floors, when the roof or floor exceeds five feet (5'). These architectural projections are exempt for five feet (5') of the perimeter of each story'of the structure. Architectural projections may project up to ten feet(10') and still be exempt, so long as the total perimeter space for a floor is less than or equal to the total area allowed for the five foot (5')exemption. This exemption cannot be used to transfer space between floors. C. Decks, Balconies, Stairways and Similar Features: Structures that exceed thirty inches (30") above natural or finished grade, and that are not covered by a roof or architectural projection from a building, are Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 38 8-1: DEFINITIONS exempt from floor area for up to fifteen percent (15%) of the maximum floor area allowed. Any areas in excess of fifteen percent (15%)shall be counted toward floor area. D. Spaces Below Natural Grade for Principal Single-Family and Duplex Residences: Spaces below natural grade, up to a maximum of twenty feet (20') in depth and which include no more than a single story, are exempt from floor area calculation up to a maximum of four thousand (4,000) square feet of floor area. Floor area below natural grade which exceeds the four thousand (4,000) square foot exemption provided herein shall count toward the calculation of allowable floor area. If any part of the below grade space is exposed above natural grade (such as walk-out basements, walls or courts) the entire below grade area shall be included in the floor area calculation; except that window wells and one egress area as required by the Uniform Building Code may be provided without affecting this exemption. The foundation wall or footing may be exposed to the minimum degree required to comply with the Uniform Building Code pertaining to foundation design without affecting this exemption. Up to ten percent (10%) of any particular below grade wall surface may extend above natural grade and still be exempt from the calculation of floor area so long as the finished grade covers the surface that would otherwise be exposed. Garages up to seven hundred fifty (750) square feet may be incorporated into below grade space and shall not affect this exemption so long as the only sections of building so exposed are directly related to the garage structure. E. Garages and Carports: For the purpose of calculating floor area ratio and allowable floor area for a lot where the principal use is a single-family residence, garage and carport floor area shall be exempted up to a maximum of seven hundred fifty (750) square feet. On a lot which contains a duplex, garage and carport floor area shall be exempted up to a maximum of five hundred (500) square feet per side. All garage or carport space in excess of the exempted areas shall be included as part of the residential floor area calculation. When an existing legal single- family or duplex dwelling exceeds the allowed floor area, the exempt garage space shall be reduced by subtracting the excess floor area from the exempt garage space. F. Crawl Space: Crawl spaces shall be exempt from the calculation of floor area, even if exposed above natural grade, so long as the height of the crawl space does not exceed five feet six inches (56"). G. Attic Space: That portion of attic space where the distance between the floor and ceiling exceeds five feet six inches (5'6") in height shall count as floor area. FRYINGPAN AREA means the area depicted on Attachment"B"to Ordinance#023-2000 and is further described as all land in Pitkin County east and north of the following line: Beginning at a point on the Northern line of Pitkin County whence the Northeast corner of Section 14, Township 8 South, Range 875 West bears N88-30-29W 1809.86 feet. Thence: S78-50-43E 90.46 feet; Thence N78-11-46E 230.37 feet; Thence N50-12-01 E 307.18 feet; Thence N30-18-35E 135.24 feet; Thence N05-46-13E 191.47 feet; Thence N88-04-38E 175.10 feet; Thence S48-05-39E 39.30 feet; Thence S47-55-30E 60.62 feet; Thence S14-30-46E 94.77 feet; Thence S81-52-12E 67.18 feet; Thence S40-36-19E 378.35 feet; Thence S60-35-02E 294.46 feet; Thence S70-15-51 E 282.07 feet; Thence S80-28-04E 978.26 feet; Thence N86-45-37E 225.61 feet; Thence N64-50-52E 648.49 feet; Thence S81-31-02E 117.79 feet; Thence S56-29-31E 109.14 feet; Thence S84-20-41 E 284.13 feet; Thence N82-13-49E 278.31 feet; Thence S71-24-40E 323.90 feet; Thence N80-08-28E 178.13 feet; Thence N54-19-59E 238.18 feet; Thence N72-09-57E 158.36 feet; Thence S57-28-53E 127.19 feet; Thence S39-18-39E 1230.42 feet; Thence S52-34-43E 166.21 feet; Thence S73-47-28E 190.32 feet; Thence N85-42-48E 284.30 feet; Thence S89-18-34E 466.78 feet; Thence S57-46-36E 48.76 feet; Thence N68-40-58E 755.44 feet; Thence N62-02-26E 275.68 feet; Thence N43-06-30E 259.74 feet; Thence N72-17-14E 395.24 feet; Thence N52-23-57E 148.94 feet; Thence N70-57-36E 97.32 feet; Thence N23-33-25E 107.59 feet; Thence Ordinance#023-2000,Attachment"A,"Growth Management Reform legislation(Adopted June 19,2000) Page 39 8-1: DEFINITIONS N66-26-49E 183.00 feet; Thence N77-36-27E 188.13 feet; Thence N86-05-55E 393.16 feet; Thence N36-11-21E 71.56 feet; Thence NO2-59-49E 425.58 feet; Thence N14-40-55E 207.14 feet; Thence N06-11-33W 343.00 feet; Thence N23-01-OOW 227.62 feet; Thence N51-17-35W 190.30 feet; Thence N72-03-03W 340.31 feet; Thence N29-57-44W 49.06 feet; Thence N36-24-35E 71.60 feet; Thence N68-24-33E 63.18 feet; Thence S89-10-14E 241.78 feet; Thence N26-33-54E 57.02 feet; Thence N34-54-36W 71.64 feet; Thence N79-58-58W 768.21 feet; Thence N47-55-50W 77.80 feet; Thence NO2-38-14W 141.27 feet; Thence N24-59-45E 81.65 feet; Thence N58-55-29E 176.30 feet; Thence S75-43-14E 214.37 feet; Thence N75-59-18E 422.32 feet; Thence N87-36-17E 317.03 feet; Thence NO3-22-32E 182.57 feet; Thence S85-54-03E 150.38 feet; Thence S69-45-44E 495.06 feet; Thence N79-20-02E 246.51 feet; Thence N68-44-15E 1312.60 feet; Thence N52-08-29E 266.61 feet; Thence N42-32-44E 212.59 feet; Thence N55-59-OOE 425.88 feet; Thence N44-42-29E 624.38 feet; Thence N50-05-45E 241.81 feet; Thence N69-31-OOE 437.94 feet; Thence N77-19-19E 145.80 feet; Thence S80-44-14E 118.04 feet; Thence S44-43-28E 128.61 feet; Thence S00-43-36W 59.13 feet; Thence S43-27-07E 35.99 feet; Thence S01-20-17E 224.81 feet; Thence S29-44-42E 114.89 feet; Thence SO4-38-43E 175.95 feet; Thence S57-47-34E 97.80 feet; Thence S00-46-04W 149.26 feet; Thence S58-40-07E 96.88 feet; Thence N84-04-37E 570.55 feet; Thence S71-15-OOE 999.02 feet; Thence S78-16-22E 397.29 feet; Thence S78-13-22E 129.22 feet; Thence S64-41-16E 219.86 feet; Thence S41-46-10E 271.34 feet; Thence S26-33-15E 290.80 feet; Thence S01-42-55E 192.09 feet; Thence S31-29-41W 407.24 feet; Thence S42-03-27W 356.41 feet; Thence S31-23-15E 533.29 feet; Thence S56-18-31 E 1669.09 feet; Thence S38-39-50E 2235.30 feet; Thence S51-00-30E 3143.83 feet; Thence S56-18-19E 1678.18 feet; Thence S38-59-37E 3143.91 feet; Thence S26-33-47E 3122.33 feet; Thence S37-24-24E 2490.26 feet; Thence S40-48-58E 3382.62 feet; Thence S28-26-39E 3176.03 feet; Thence S29-21-26E 4272.27 feet; Thence S29-28-20E 3074.19 feet; Thence S38-09-32E 2071.72 feet; Thence S36-23-15E 2746.35 feet; Thence S45-00-OOE 1481.04 feet; Thence S43-11-25E 3910.22 feet; Thence S47-47-32E 6754.97 feet; Thence S34-22-52E 2678.88 feet; Thence S29-44-40E 4690.78 feet; Thence S62-06-15E 2238.35 feet; Thence S67-09-47E 1188.13 feet; Thence 300-00-OOE 17363.12 feet; Thence S47-47-17E 350.70 feet; Thence S50-44-50E 564.01 feet; Thence S62-00-59E 383.88 feet; Thence S80-09-45E 269.97 feet; Thence S59-09-32E 250.41 feet; Thence S49-09-57E 206.84 feet; Thence S18-12-04E 280.93 feet; Thence S29-42-41 E 212.86 feet; Thence S11-52-09E 266.19 feet; Thence S37-55-49E 159.43 feet; Thence S56-06-38E 169.25 feet; Thence S67-41-38E 179.16 feet; Thence S89-04-08E 600.08 feet; Thence S64-12-06E 275.73 feet; Thence S46-38-56E 282.61 feet; Thence S37-46-52E 374.20 feet; Thence S66-36-53E 171.32 feet; Thence S79-35-50E 202.83 feet; Thence N77-44-36E 222.57 feet; Thence N57-04-43E 240.35 feet; Thence N47-46-41 E 353.79 feet; Thence N73-43-29E 226.58 feet; Thence S78-40-03E 186.38 feet; Thence S61-59-12E 712.19 feet; Thence S38-47-17E 52.28 feet; Thence S76-46-42E 392.40 feet; Thence N86-05-02E 602.16 feet; Thence S77-05-13E 315.48 feet; Thence S55-38-03E 149.92 feet; Thence S23-16-50E 183.44 feet; Thence S05-11-25E 317.80 feet; Thence S71-02-31W 34.63 feet; Thence S05-47-47E 282.19 feet; Thence S37-28-24E 201.76 feet; Thence S11-34-40E 776.04 feet; Thence S45-55-05E 766.69 feet; Thence S11-42-41 E 307.91 feet; Thence S31-13-49E 156.71 feet; Thence S41-18-34E 223.82 feet; Thence S34-43-06E 544.73 feet; Thence Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 40 8-1: DEFINITIONS S13-17-21 E 67.43 feet; Thence S38-02-1 OE 226.00 feet; Thence S70-41-22E 131.92 feet; Thence S82-43-09E 285.05 feet; Thence S25-28-35E 94.16 feet; Thence S83-46-43E 259.53 feet; Thence S68-11-29E 187.41 feet; Thence S47-27-25E 725.81 feet; Thence S66-29-30E 324.97 feet; Thence S81-32-40E 311.13 feet; Thence S64-13-27E 137.98 feet; Thence S46-50-13E 124.07 feet; Thence S24-34-09E 194.21 feet; Thence SOO-21-02E 408.51 feet; Thence S14-11-55E 128.42 feet; Thence S41-42-45E 135.63 feet; Thence S63-23-52E 518.10 feet; Thence S26-39-OOE 452.02 feet; Thence S13-48-43E 394.79 feet; Thence S80-44-14E 118.04 feet; Thence S34-47-58E 143.24 feet; Thence S03-55-54E 401.07 feet; Thence S45-42-52W 70.89 feet; Thence S22-59-41 W 198.39 feet; Thence SOO-36-08E 333.02 feet; Thence S13-13-48W 77.56 feet; Thence S36-36-19W 584.86 feet; Thence S16-18-42W 155.77 feet; Thence S07-18-39E 176.81 feet; Thence S30-55-55E 308.35 feet; Thence S30-57-50E 103.50 feet; Thence S81-58-32E 67.16 feet; Thence S40-46-46E 200.57 feet; Thence S18-25-23E 379.71 feet; Thence S02-59-34W 225.06 feet; Thence S12-46-58W 281.35 feet; Thence S25-47-40E 390.68 feet; Thence S35-49-10E 404.97 feet; Thence S49-36-03E 865.02 feet; Thence S64-23-26E 596.61 feet; Thence N85-38-21 E 652.64 feet; Thence S73-01-07E 121.55 feet; Thence S44-12-40E 70.63 feet; Thence S44-17-50E 223.37 feet; Thence S69-09-07E 195.29 feet; Thence S52-49-43E 703.41 feet; Thence S42-13-54E 183.00 feet; Thence S25-53-30E 185.49 feet; Thence S89-17-51E 91.76 feet; Thence S51-56-39E 1350.31feet; Thence S57-49-26E 897.61 feet; Thence S85-39-20E 141.91 feet; Thence N61-13-34E 220.47 feet; Thence S84-15-48E 108.79 feet; Thence S59-39-46E 421.46 feet; Thence S87-25-51 E 292.79 feet; Thence S78-49-59E 511.18 feet; Thence to where it intersects with the Eastern boundary of Pitkin County. IMMEDIATE FAMILY means a person related by blood or marriage who is a first cousin (or closer relative)and his or her children. REMODELING means the renovation of an existing structure which does not change: a)the original size or location of the footprint of the structure; b)the use of the structure; or c)the floor area of the structure. REPLACEMENT means the complete removal of all or a portion of a structure and substitution of the original structure with a new structure. A replacement structure may change the original size and location of the footprint of the structure. RURAL AREA means the area depicted on Attachment"B"to Ordinance#023-2000 and is further described as unincorporated Pitkin County excluding the area comprised of the Aspen Area Urban Growth Boundary. 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