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
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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
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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.
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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.
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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
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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,
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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
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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.
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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.
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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.
Ordinance#023-2000,Attachment"A,"Growth Management Reform Legislation(Adopted June 19,2000) Page 41
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