HomeMy WebLinkAboutbocc.ord.038.2006
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, AMENDING THE PROVISIONS OF THE LAND USE CODE TO
ALLOW FOR THE SEVERENCE OF TDRS FROM CONSERV AnON PARCELS
ON WHICH LIMITED DEVELOPMENT WILL OCCUR
Ordinance NJJ~ 2006
RECITALS
1. The Board of County Commissioners of Pitkin County, Colorado ("BOCC") directed the
Community Development Department Staff to initiate amendments to the following
sections of the Pitkin County Land Use Code (PCLUC):
a. Sec. 3-40-30: RS-160
b. Sec.3-40-40: RS-35
c. Sec. 3-40-80: RS-30
d. Sec. 3-40-90: RS-20
e. Sec.3-40-100:AR-I0
f. Sec. 6-70-20: Sending And Receiving Sites
g. Sec. 6-70-30: Number of TORs Created And Required
h. Sec. 6-70-40: Criteria for TOR Transfers
I. Table 2-1: Review and Approval Authority
J. Table 6-12: TOR Table
The amendments are intended to facilitate the preservation oflarge parcels ofland in the
rural area; and to provide conservation options to those who wish to sever TORs in order
to realize value, but do not wish to subdivide, or pursue further development oftheir
property (with the exception of development of a caretaker dwelling unit and/or
agricultural buildings.)
2. The BOCC considered the amendments at a public meeting on first reading October 11,
2006, and will hear second reading at a duly noticed public hearing on December 6, 2006.
3. The Planning and Zoning Commission reviewed the amendments at regularly scheduled
meetings on September 19 and November 7, 2006, and recommended approval ofthe
amendments.
4. The BOCC finds the amendments to be appropriate, and in conformance with Section 2-
40-10 of the Land Use Code regarding Land Use Code Text Amendments.
5. The BOCC finds that adoption ofthis ordinance is necessary for the immediate preservation of
the public health, safety and welfare of the citizens of Pitkin County and therefore declares this
ordinance and legislation to be effective immediately.
NOW, THEREFORE, BE IT ORDAINED by the Pitkin County Board of County
Commissioners that it hereby amends the Sections of the 2006 Pitkin Land Use County Code, as
reflected in Exhibits A-I through A-7 ofthis Ordinance.
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Ordinance No.(J3<6 - 2006
Page 2
. INTRODUCED AND ADOPTED AT THE REGULAR MEETING ON THE 11 TH
DAY OF OCTOBER, 2006 AND SET FOR CONFIRMATORY READlNG AND
PUBLIC HEARlNG ON THE 6TH DAY OF DECEMBER, 2006.
NOTICE OJ: PUBLIC H~RING PUBLISHED IN THE ASPEN TIMES WEEKLY
ONTHE~DAYOF n1JJ.v\A.~ 2006.
CONFIRMED AT PUBLIC HEARING ON THE 6TH DAY OF DECEMBER, 2006.
PUf'ISHED AlliR ADOPTION IN THE ASPEN TIMES WEEKLY ON THE
~ DAY OF '~I-.e.-v 2006.
TillS ORDlNANCE IS EFFECTIVE ON DECEMBER 6, 2006.
BOARD OF COUNTY COMMISSIONERS
O:;;COUZ;ro
Michael C.~d'
Chair
Date:
/7" -r. "'As
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
c-/> c Ih l-
. Cindy Houben,
Community Development Director
Q~
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INTROD D AND ADOPTED AT THE REGULAR M
DAY OF OCTO , 2006 AND SET FOR CONFIRM
PUBLIC HEARlNG
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF PITKlN COUNTY, COLORADO
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Michael C. Ireland,
Chair
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Jeanette Jones
Deputy Clerk
Date:
APPROVED AS TO FORM:
Sf~ tP~/'S tk
John Ely,
County Attorney
Cindy Houhen,
Community Development Director
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Ordinance No. 13< - 2006
Page 3
EXHIBIT A-I
3-40-30: RS-160 (RESQURCE-160 ACRE)
(a) General Intent
The RS-160, RS-35, L1R, RS-30, RS-20, AR-10 zone districts all share the following basic intent, which is
to:
(1) Permit low density, single family residential development and customary accessory uses, while
recognizing that natural hazards, wildlife areas, limited utility services, roads, schools, and/or other
facilities may constitute constraints on the realization of zoned density;
(2) Discourage sprawl;
(3) Encourage clustering of development, preservation of open space and promotion of efficient utility
services;
(4) Preserve agricultural operations and environmental resources; and
(5) Preserve the rural visual quality and character while permitting carefully sited low density
development.
More specific intent statements for each of the listed zone districts are set forth in the subsections below.
(b) RS-160 Intent
The RS-160 (Resource--160 Acre) zone district is intended to protect natural resources and agricultural
uses while allowing some very low density development.
(c) When PUD Required
When a rezoning to the RS-160 zone district occurs, or when land within the RS-160 zone district is
subdivided or otherwise divided into separate parcels through a subdivision exemption pursuant to C.R.S.
30-28-110, a PUD must be prepared pursuant to Sec. 2-40-50. The criteria for approval of a PUD are
listed in Sec. 3-70-30(i). .
(d) Transferable Development Rights (TDRs)
TDRs may not be severed and sold from lands in the RS-160 zone district, unless the lot or parcel is
determined to be constrained or visually constrained pursuant to Sec. 6-70-40, or is designated on the
Pitkin County Historic Register, or is approved as a limited development conservation parcel pursuant to
Sec. 6-70-40. TDRs may be purchased from other zone districts and used in the RS-160 zone district.
(e) Growth Management Quota System (GMQS)
Construction of dwelling units in the RS-160 zone district that meets all applicable requirements is exempt
from the need to obtain a GMQS allocation pursuant to Sec. 6-30-70.
3-40-40: RS-35 (RESQURCE-35 ACRE)
(a) Intent
The RS-35 (Resource-35 Acre) zone district is intended to: preserve the open character of land divided
into tracts between 35 and 160 acres, promote land uses consistent with the applicable Pitkin County
Master Plan, and prevent inappropriate development on such tracts, regardless of whether such lands
have been formally subdivided. The zone district is intended to allow only very low impact resource or
residential uses on such lands. The zone district includes lands previously zoned UFRS-35, and the
regulations applicable to such lands remain unchanged.
(b) When PUD Required
When a rezoning to the RS-35 zone district occurs a PUD must be prepared pursuant to Sec. 2-40-50.
The criteria for approval of a PUD are listed in Sec. 3-70-30(i).
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Ordinance No. [' J ,} - 2006
Page 4
(c) Transferable Development Rights (TDRs)
TDRs may not be severed and sold from lands in the RS-35 zone district, unless the lot or parcel is
determined to be constrained or visually constrained pursuant to Sec. 6-70-40, or is designated on the
Pitkin County Historic Register, or is approved as a limited development conservation parcel pursuant to
Sec. 6-70-40. TDRs may be purchased and used in the RS-35 zone district only for the purpose of
increasing the maximum size of an existing dwelling located within the limits on final maximum floor area
established in Table 5-1, pursuant to Sec. 6-70 and as set forth in Table 2-1.
(d) Growth Management Quota System (GMQS)
Lands in the RS-35 zone district are subject to the GMQS (see Chapter 6).
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EXHIBIT A-2
3-40-80: RS-30 (RESQURCE-30 ACRE)
(a) Intent
The general intent statement included in Sec. 3-40-30 applies to the RS-30 zone district.
(b) Locational Criteria
The RS-30 zone district is intended to be applied primarily in the Crystal River Valley and the
Snowmass-Capitol Creek area, but may also be appropriate where other lands share similar
physical characteristics with those areas. The RS-30 zone district should generally not be
applied when the result would be to increase the potential development density outside of the
urban growth boundaries.
(c) When PUD Required
When a rezoning to the RS-30 district occurs, or when land within the RS-30 zone district is
subdivided or otherwise divided into separate parcels through a subdivision exemption pursuant
to C.R.S. 30-28-110, a PUD must be prepared pursuant to Sec. 2-40-50. The criteria for approval
of a PUD are listed in Sec. 3-70-30(i).
(d) Transferable Development Rights (TDRs)
TDRs may not be severed and sold from parcels of land in the RS-30 zone district, unless the lot
or parcel is determined to be constrained or visually constrained pursuant to Sec. 6-70-40 or is
designated on the Pitkin County Historic Register, or is approved as a limited development
conservation parcel pursuant to Sec. 6-70-40.. TDRs may be purchased and used in the RS-30
zone district for the purpose of increasing the maximum size of an existing dwelling within the
limits on final maximum floor area established in Table 5-1, pursuant to Secs. 6-70 and 2-40-30,
and as set forth in Table 2-1.
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(e) Growth Management Quota System (GMQS)
Lands in the RS-30 zone district are subject to the GMQS (see Chapter 6).
3-40-90: RS-20 (RESQURCE-20 ACRE)
(a) Intent
The general intent statement included in Sec. 3-40-30 applies to the RS-20 zone district. The
RS-20 PUD (Resource Planned Unit Development-20 Acre) zone district is intended to apply to
areas closer to urban growth boundaries than those zoned RS-30.
(b) Locational Criteria
The RS-20 zone district is intended to be applied primarily in the Woody Creek area, but may also
be appropriate where other lands share similar physical characteristics with those areas. The
RS-20 zone district should generally not be applied when the result would be to increase the
potential development density outside of the urban growth boundaries.
(c) When PUD Required
When a rezoning to the RS-20 zone district occurs, or when land within the RS-20 zone district is
subdivided or otherwise divided into separate parcels through a subdivision exemption pursuant
to C.R.S. 30-28-110, in connection with an application for subdivision, a PUD must be prepared
pursuant to Sec. 2-40-50. The criteria for approval of a PUD are listed in Sec. 3-70-30(i).
(d) Transferable Development Rights (TDRs)
TDRs may not be severed and sold from parcels of land in the RS-20 zone district, unless the lot
or parcel is determined to be constrained or visually constrained pursuant to Sec. 6-70-40 or is
designated on the Pitkin County Historic Register, or is approved as a limited development
conservation parcel pursuant to Sec. 6-70-40.. TDRs may be purchased and used in the RS-20
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zone district for the purposes of increasing the maximum size of an existing dwelling located on a
parcel of land within the limits on final maximum floor area established in Table 5-1, pursuant to
Secs. 6-70 and 2-40-30, and as set forth in Table 2-1.
(e) Growth Management Quota System (GMQS)
Lands in the RS-20 zone district are subject to the GMQS (see Chapter 6).
3-40-100: AR-10 (AGRICUL TURALI RESIDENTIAL-10 ACRE)
(a) Intent
The AR-10 district is intended to accommodate small scale agricultural activities and large-lot
residential development that maintains the rural character and appearance of the land. Because
few agricultural activities can be accomplished on a lot of ten (10) acres, the majority of such land
will be used for residential uses. Residential development should be clustered and/or grouped at
the edges of valleys or wooded areas in order to minimize the visual disruption of the natural
landforms and to avoid the appearance of unrelated homes spread randomly across the land.
(b) Locational Criteria
Lands zoned AR-10 are located primarily adjacent to the municipalities of Aspen and Basalt, and
along the Highway 82 corridor and in scattered sites elsewhere in the County. The AR-10 zone
district could be appropriate for use outside of urban growth boundaries where the applicable
Pitkin County Master Plan calls for an increase in residential density, or for residential
development on ten (10) acre parcels.
(c) Transferable Development Rights (TDRs)
TDRs may not be severed and sold from parcels of land in the AR-10 zone district, unless the lot
or parcel is determined to be constrained or visually constrained pursuant to Sec. 6-70-40 or is
designated on the Pitkin County Historic Register, or is approved as a limited development
conservation parcel pursuant to Sec. 6-70-40. TDRs may be purchased and used in the AR-10
zone district for the purpose of increasing the maximum size of an existing dwelling within the
limits on final maximum floor area established in Table 5-1, pursuant to Secs. 6-70 and 2-40-30,
and as set forth in Table 2-1.
(d) Growth Management Quota System (GMQS)
Lands in the AR-10 zone district are subject to the GMQS (see Chapter 6).
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EXHIBIT A-3
6-70-20: SENDING AND RECEIVING SITES
(a) Sending Sites
In addition to all other uses available, the following types of land shall have the right to sever
development rights, and to transfer those development rights to other areas pursuant to this
section.
I (5)
(1) PRESERVATION SITES
Lots or parcels, or portions of lots or parcel, in the RR, TR-1, TR-2 zone districts that have
not previously used TDRs to remove development potential, and subject to the limitations
shown in Table 6-12.
(2) CONSERVATION DEVELOPMENT PUD (CD-PUD)
Lands within the Conservation Development PUD (CD-PUD) zone district that are not
developed pursuant to the Residential Development or Commercial Agricultural
Development Options.
(3) CONSTRAINED SITES
Legally created lots or parcels that have been identified as Constrained Sites because the lot
or parcel is undevelopable or severely restricted pursuant to the this Land Use Code, as
determined in the discretion of the Board of County Commissioners.
(4) VISUALL Y CONSTRAINED SITES
Legally created lots or parcels that have been identified as Visually Constrained Sites
because development would severely impact or destroy a scenic public view plane, as
determined in the discretion of the Board of County Commissioners.
LIMITED-DEVELOPMENT CONSER VA TlON SITES
Conservation parcels on which limited development is proposed pursuant to Sec. 6-70-
40Ia)(9l; on which a conservation easement for limited development has been executed and
recorded: and which have received special review approval from the Board of County
Commissioners to sever transferable development riohts.
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EXHIBIT A-4
6-70-30: NUMBER OF TDRS CREATED AND REQUIRED
(a) Sending Sites
This section describes how the number of TDRs available to be severed from Sending Sites is
calculated. If the Sending Site contains an existing dwelling unit or other primary structure, the
total acreage available for calculation of available TDRs under subsections (1) through (3) below
shall be reduced by the minimum lot size for a lot in that zone district. The remainder of the lot or
parcel does not need to be divided into individual lots or parcels, through subdivision, lot split, or
subdivision exemption, as a pre-requisite to severance and transfer.
(1) RR AND TR-1 ZONE DISTRICTS
In the RR and TR-1 zone districts, one TDR may be severed and sold for every thirty-five
(35) acres of each Sending Site, provided that fractions of TDRs shall not be considered. A
legally created lot or parcel less than thirty-five (35) acres in size may sever and sell one (1)
TDR. The transfer of less than one (1) TDR, or any fractional interest of less than a whole
number, is prohibited. The following chart illustrates the number of TDRs by size of the
Sending Site:
TABLE 6-13: TORs AVAILABLE By ACREAGE
AcreaQe of Preservation Site Number of TDRs
35 acres or less 1 TDR
60 acres 1 TDR
70 acres 2 TDRs
90 acres 2 TDRs
135 acres 3 TDRs
140 acres 4 TDRs
(2) TR-2 ZONE DISTRICT
TDRs may be severed and sold from the TR-2 zone district based at the rate of one (1) TDR
per ten (10) acres for properties as they were configured as of January 26th, 2005. A legally
created lot or parcel less than ten (10) acres in size may sever and sell one (1) TDR. The
transfer of less than one (1) TDR, or any fractional interest of less than a whole number, is
prohibited.
(3) CD-PUD ZONE DISTRICT
TDRs may be severed and sold from lands within the CD-PUD zone district at the rate of
one (1) TDR per twenty-five (25) acres, excluding acreage developed pursuant to the
standards for the Residential Development or Commercial Agricultural Development
Options.
(4) CONSTRAINED SITES
The Board may allow one (1) or more development rights to be severed and transferred from
a site, provided the site meets the criteria for Constrained Sites in Sec. 6-70-40(a)(7).
(5) VISUALLY CONSTRAINED SITES
The Board may allow up to one (1) development right per existing unused development right
on the lot or parcel to be severed and transferred, provided the site meets the criteria for
Visually Constrained Sites in Sec. 6-70-40(a)(8).
(6) LIMITED DEVELOPMENT CONSERVATION PARCELS
Provided the site meets the criteria for Limited Development Conservation Parcels in Sec. 6-
70-40(a)(9), TDRs may be severed and sold at the rate of one (1) TDR per twenty (20) acres
from parcels containing less than six hundred forty (640) acres; and at a rate of one (1) TDR
per thirty five (35) acres from parcels containing six hundred forty (640) acres, or more. In
calculating parcel size for purposes of determining number of potential TDRs, thirty five (35)
acres shall be deducted for each legal dwelling unit that exists on properties containing less
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than six hundred forty (640) acres; and seventy (70) acres shall be deducted for each legal
dwelling unit that exists on properties containing six hundred forty (640) acres of land, or
more. If no dwelling units exist on the property, and the property was legally created before
June 12, 1978, the entire parcel acreage can be used for purposes of determining number of
potential TDRs.
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EXHIBIT A-5
6-70-40: CRITERIA FOR TDR TRANSFERS
(a) Criteria for Sending Sites
(1) LEGALL Y CREA TED PARCEL
A Sending Site shall be a legally created parcel.
(2) ELIGIBLE SENDING AREA
A Sending Site shall be located in a zone district from which development rights may be
transferred, or may be a Constrained Site, as shown in Table 6-12 (referenced as Eligible
TDR Zones). TDRs may be severed and sold from land within Eligible TDR Zones if the
land is subject to a conservation easement granted to Pitkin County in a form approved by
the County after the 5th of July, 2006 but before the TDRs have been certified provided the
conservation easement specifically reserves the right to certify TDRs. The County, in its
discretion, may refuse acceptance of the conservation easement. If the landowner seeking
a TDR claims State or Federal Tax benefits for the conservation easement, the landowner
must declare any TDRs reserved as an amount received for a bargain sale at their appraised
value on IRS Form 8283 signed by the appraiser and acknowledged by the County. TDRs
reserved in a conservation easement may not be certified until the County duly executes a
deed restriction on the property, and takes other action as may be necessary to rezone the
property or to designate it as a constrained lot in order to designate the property as a TDR
sending site.
(3) AGGREGATION OF ACREAGE
The acreage of all contiguous parcels in common ownership shall be aggregated for
purposes of calculating how many TDRs may be severed from the Sending Site.
(4) RESTRICTION ON FURTHER DEVELOPMENT
Upon severance of a TDR from a Sending Site, the Sending Site shall be deed restricted
against all further development, as that term is defined in Chapter 11. The form of deed
restriction shall be approved by the County Attorney, and shall address (a) what types of
activities not involving structures or regular human occupancy may still be conducted upon
the land following transfer of the TDR, and (b) obligations regarding maintenance of the land
(including weed control and fence maintenance) following transfer of the TDR.
(5) CRITERIA FOR RETAINING STRUCTURE IN RR ZONE DISTRICT
Notwithstanding the severance of TDR(s) from a lot or parcel in the RR zone district, one (1)
legally created structure up to one thousand (1,000) square feet in size may be retained,
subject to special review approval and the following additional standards and criteria:
(a) The structure must pre-date the re-zoning of the parcel to the RR zone district;
(b) The structure must be on a least thirty-five (35) acre parcel, or must be on a legally
created separate parcel that is substandard in size. Subdivision shall not be permitted
to create parcels less than thirty-five (35) acres in size;
(e) The structure must be deed restricted as Category or Resident-Occupied employee
housing as specified by the Board of County Commissioners;
(d) The preservation site must be restricted against all further development, as that term is
defined in Chapter 11, in a form acceptable to the County Attorney;
(e) The structure may never be expanded; and
(f) The structure may not be subdivided, separately conveyed or otherwise separated from
the underlying preservation site.
Land Use Code
July 2006
Pitkin County, Colorado
Page 1
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(6) CRITERIA FOR TRANSFER OF TDR FROM A LOT OR PARCEL CONTAINING LESS
THAN ONE ACRE WITHIN THE TR-1, TR-2, OR RR ZONE DISTRICTS
If an owner of a parcel of one (1) acre or less in the RR zone district wishes to be granted a
TDR, the following criteria must be met and an administrative approval granted pursuant to
Sec. 2-30-20:
(a) The applicant must provide the legal description and proof of ownership of the property
and a site plan demonstrating that the following can be met:
1. Required distances between the well location and the onsite wastewater treatment
system can be satisfied pursuant to the Pitkin County Environmental Health and
Natural Resources regulations;
2. A onsite wastewater treatment system can be accommodated pursuant to the
Pitkin County Environmental Health and Natural Resources regulations;
3. A footprint of one thousand (1,000) square feet for a structure can be
accommodated on the site without interference of subsections (1) and (2) above;
4. Legal access to the site exists;
5. Any site with a septic tank must have access for a septic pump truck.
(7) CRITERIA FOR CONSTRAINED SITE TORS
(a) The lot or parcel shall be located in a zone district other than the RR, TR-1, TR-2, VR,
VC, SKI-REC, MHP, AH, AH-PUD, RS-G, B-1, B-2, P-l, T, PUB, I, U or AC/REC-2 zone
districts, and shall be undevelopable or severely restricted pursuant to this Land Use
Code. Both the availability of Constrained Site TDRs and the amount of TDRs to be
awarded, if any, are discretionary with the Board, and shall be considered pursuant to
Sec. 6-70-20(a)(3).
(b) The determination that a property is constrained pursuant to this section is merely a
procedure to allow the Board to consider granting a TDR(s) at the request of a property
owner, and shall not be considered a final decision as to the beneficial, productive,
and/or economically viable uses that may be available to the property.
(8) CRITERIA FOR VISUALL Y CONSTRAINED SITE TORS
(a) The lot or parcel shall be located in a zone district other than the RR, TR-1, TR-2, VR,
VC, SKI-REC, MHP, AH, AH-PUD, RS-G, B-1, B-2, P-l, T, PUB, I, U or AC/REC-2
zone district, and shall be determined by the Community Development Department to
be visually constrained because development would severely impact or destroy a
Scenic View Protection Area, and the Board of County Commissioners shall confirm
that determination. The availability of a Visually Constrained Site TDR(s) is
discretionary with the Board, and shall be considered pursuant to Sec. 6-70-20(a)(4).
(b) The determination that property is visually constrained pursuant to this section is merely
a procedure to allow the Board to consider granting a transferable development right at
the request of a property owner, and shall not be considered a final decision as to the
beneficial, productive, and/or economically viable uses that my be available to the
property.
(9) CRITERIA FOR LIMITED DEVELOPMENT CONSER VA nON PARCEL TORS
If a property owner wishes to sever TDRs from a parcel on which no further development is
proposed (with the exception of development of one (1) deed restricted caretaker dwelling
unit and/or accessory agricultural buildings,) the following criteria must be met, and a Board
of County Commissioners approval granted pursuant to One-Step Review Procedures and
Criteria for Approval for Special Review Uses or Activities in the Land Use Code.
(a) The parcel shall be located within the AR-10, RS-20, RS-30, RS-35 or RS-160 zone
district.
Land Use Code
July 2006
Pitkin County, Colorado
Page 2
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(b) The parcel shall contain a minimum of 160 acres and be configured as it was on
December 6, 2006. All adjacent parcels held in common ownership shall be included
for review.
(e) An activity envelope and/or site plan shall be established for all existing development on
the property. The size and location of existing structures shall be documented on the
site plan.
(d) One existing dwelling unit on the parcel may expand up to a maximum floor
area of 5,750 square feet. (Floor area of caretaker dwelling units and accessory
structures other than agricultural buildings, shall be included in the total floor
area allowance of 5,750 square feet.) If a dwelling unit(s) of larger than 5,750
square feet exists, and/or if more than one legal dwelling unit exists on the
parcel, then the parcel shall be subject to the replacement and/or non-
conforming structure provisions of the Land Use Code,
(e) Agricultural buildings shall not count as floor area. One deed-restricted caretaker
dwelling unit of up to 1,000 square feet shall not count as floor area. Other accessory
structures including garages, shall count as floor area. Below grade space shall count
as floor area.
(f) Neither Growth Management allotments, nor growth m~nagement exemptions,
including TDRs, may be used on-site to increase floor area or to create a new
development right(s).
(g) If a deed restricted dwelling unit does not already exist, development of one (1) deed
restricted caretaker dwelling unit may be requested and reviewed concurrently with the
one step special review for severance of TDRs on the property,. The location of the
proposed caretaker dwelling unit shall be established through the activity envelope and
site plan process. Parcels shall not be eligible to apply for any other new Special
Review uses.
(h) A conservation easement prohibiting further development of the property must be
approved by the County Attorney, executed and recorded prior to, or concurrent with
issuance of TDR Certificates. The following two exceptions to the prohibition to further
development may be made:
1, An unlimited number of new Agricultural Buildings may be built to accommodate
on-site agricultural operations subject to a deed restriction(s) pursuant to Sec. 6-
30-140(e) of the land Use Code; and/or
2. One (1) deed restricted caretaker dwelling unit may be built.
(i) TDRs may be severed from the property and transferred to eligible receiver sites based
on the following criteria:
1, The parcel size shall be based upon a survey depicting the property and adjacent
parcels held in common ownership, both as configured on December 6, 2006.
2. For parcels six hundred forty (640) acres in size, or more: The number of TDRs
awarded shall be based on one (1)TDR/thirty-five (35) acres.
3. For parcels containing less than six hundred forty (640) acres: The number of the
TDRs awarded shall be one (1) TDR/twenty (20) acres.
4. In calculating parcel size for purposes of determining number of potential TDRs,
seventy (70) acres shall be deducted for each legal dwelling unit that exists on
properties containing six hundred forty (640) acres, or more; and thirty five (35)
acres shall be deducted for each legal dwelling unit that exists on properties
containing less than six hundred forty (640)acres of land. If no dwelling units exist
on the property, and the property was legally created before June 12, 1978, and is
not otherwise restricted against further development, the entire parcel acreage can
be used for purposes of determining number of potential TDRs.
Land Use Code
July 2006
Pitkin County, Colorado
Page 3
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5. If the floor area of the principal structure on the property is limited in perpetuity to
less than five thousand, seven hundred fifty (5,750) square feet of floor area, one
(1) TDR may be awarded per twenty five hundred (2,500) square feet of floor area
reduction.
111111111111111111111111 III 11111 111111111111111 1111111 ~~:~~~~f 0~~ 121
JANICE K VOS C~UDILL PITKIN COUNTY CO R 0.00 0 0.00 .
Land Use Code
July 2006
Pitkin County, Colorado
Page 4
/1(
C:/ll'); ? J;j- ~ ;.-.'C:' Ie
EXHIBIT A-6
. : . . . j, . . -. . . .
Public Pre-App. Review, Decililion..""akil1!l',al1dAppeal
Land Use Code Section Notice Reqd. Authority
< > = PUblic Helll'in!:1Reaui...m
Staff 1-10 I RHPC BOA P&ZIElOCc
R - Review Body; D = Decision-Making Body; A = Appeal Body; < > - Public Meeting or Hearing Required;
~d Notice Re uired; N = News a er ublished Notice Re uired; P = Posted si n Notice Re uired
j, . ~".1I."'J=-~J:t.1 . , ,
Activity Envelope ,/ D A 10 years
(Without Vested Right\
Activity Envelope P,M ,/ D A 10 years
With Vested Riaht)
Agricultural Stand ,/ D A 1 year
R
ifin VR
Building Permit ,/ D orVC
or
within
1 000 ft
Caretaker Dwelling Unit P,M ,/ D A 3 vears
Certificate of Appropriateness ,/ D A None
for Historic Reaistrv ProDertv
Certificate of No Effect for ,/ D A None
Historic Reaistrv ProDertv
Demolition Certificate for ,/ D A None
Historic Properties
Demolition Extensions ,/ D A 6 months
GMQS Exemption Not Listed ,/ D A None
Elsewhere
Minor Amendment to a D = Original Does Not
Development Permit or ,/ Decision- A Alter
Approval Making Body Original
Laosina
Major Amendment to a Same D or <D> =
Development Permit or notice Original Same as
Approval Where Original as ,/ Decision- A Approval
Approval was by original Making Body or Permit
Administrative Review review and Original Amended
HearinCl Reat.
Satellite Receotion Devices ,/ D A 1 vear
Signs D A 1 vear
Site Grading, Earthmoving (>
50 cubic yards), Vegetation ,/ D A 1 year
Removal, Grubbing and
Clearing
Site Plan N,P ,/ D A 10 years
'Without Vested Riahtl
Special Review for Commercial
Recreational Use on Pitkin None
County Open Space and Trails
property or on County-owned ,/ D A unless
property or roads if below stated in
thresholds established in Sec. approval
4-30-40Ia)13)la)
1111111111111111111111 :~~~~~0~f 0~~ 12~
J~NICE K VOS C~UDILL PITKIN COUNTY CO R 0.00 0 0.00
;5
.
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EXHIBIT A-6
Land Use Code Section
Review, Decision-Making, and Appeal
Authority
< > = Public Hearln R uired
Staff HO RHPC BOA P&Z BOCC
----~---- ----[j------------- --------- --------- ------- ---j\---
- - - - - - - - - - - - - - - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ --
./ D A
./ D A
l?_l!!:>.tI!y!~_i~!I_ ~~_I!!I:IP'~i~!Ih_ _ _ _ _ n_ _ _ _n _ _ n
_ _____h _______~9J_~JI1_~_'~~J~~!~~~!_ ____h__
Minor Plat Amendment
Temporary Commercial Uses
/S ecial Events
Transfer of Development Right
l:?~~_ ?!~~ _~~~,~~~9_-}9)_ _ __ _ _ _ _ _ ___ _ _ _ h _ __
Issuance of TDR Certificat
_ _ _ _ h _ !~~ ~?!~_ !~'?!'11_ ~~!1.~~~9. ~lt~_ _ _h _ _ __
Use of TDR Certificate fo
Additional Floor Area on
Lot/Parcel within the Aspen
Urban Growth Bounda
--------------~--------.--------~----- -~------
Use of TDR Certificate fo
Additional Floor Area on a Lot in
a Subdivision in the Rural Are
listed in Sec. 6-30-50 b 2 a
Water Crossin or Diversion
.
Activity Envelope P M
l\!\l!~~ y~~!~~ _'3!g!1.t)_ _ _ h _ __ _ _ __ _ _ _ _ _ _ _ _ _'_ _ h
Lots in County approved
subdivision
--------------------------------------- --------
Lots in non-Count
a roved subdivisions
Designation to or Delisting
from Historic Re ister
Extensionl
Reinstatement of Vested Ri hts
~~q~_I;~~!'I1~!l'?~!~~__h___m_n ____hn
One Additional Dwelling Uni
on a Property Designated to th N,P,M
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _!-:l ~~!,?~i_~ _'3_~g!~!~!
One Additional Dwelling Uni
on a Property Designated to th
Historic Register Where th
Historic Structure has been or i N,P,M
proposed to be Relocated 0
Exemption is proposed to b
Transferred to a Different Parcel
-----------------------~--------------- --------
Change in Use of Histori N P M
Structur "
---------------------._---------------- -----.--
Civic or Institutional Us N,P,M
Historic Incentives for Historic N P M
Re ister Pro erties ' ,
./
D
A
./
D
A
./
D
A
./
N,P,M
R
<D>
./
R
D
./
R
<D>
./
R
<D>
./ R <D>
---._----- --------- -------- -.------- --------- ._~---- .-------
./ R <D>
./ R <D>
1111111111111111111111 :~~:~~:0~f 0~~ 121
J~NICE K VOS C~UDILL PITKIN COUNTY CO R 0.00 0 0.00
None
-------------
None
1 year
None
None
None
None
10 years
None
None
None
None
None
None
None
It
Crt: ^ [/S'- :'/'7"(.
EXHIBIT A-6
Major Amendment to
Development Permit or
Approval Where Original
Approval Was Not by
Administrative Review (Except
for Plats
Non-Conforming Use or
Structure, Restoration or
Expansion with Minor Building
Modifications
Road and Easement Vacations
Site Plan
With Vested Ri ht
Special Review Uses
(See also Sec. 4-20 Use Table
and Sec. 2-40-20)
Special Review for Commercial
Recreational Use on Pitkin
County Open Space and Trails
property or on County-owned
p!,~p_~~y_~_~ !'~!l~~_ _ _ _ _ n_ _ _ _ _ __ _ _ _ _ ___. - _ --
If below thresholds established in N P M
_. _.. _ _ _ _ __ _. _ $..~c::, _~~?Q:1P'{ql@(~) _ _:. _'_ n
If above thresholds established in N P M
Sec. 4-30-40 3 c "
~_l!!>.c:I!y~~_i~~.~~~~p'~i~~J~~_.____ __n__n
___ __.____n_'=~_I!y _9.~y_~I~p~~_~_~':l~_ _~J~'_~
New Lots in VC and VR Zon N P M
District "
___~_w________~________________________ .-.-----
Parcels for Community and Publi N P M
_ n _ _. _ _ _'=~c;\@~_!> _ClI1_c! 5?_f:J~~.$RCl~ _ _ -: _ -'. -_
Separation of Platted Sub
Standard Size Lot N,P,M
See also Sec. 9-20-030
Transfer of Development
~ig~_t.l! _l~~l?_Cl!~~_~~_~'_ ?_-_~9:~QL. _ _ _ _ _ __.
Issuance of TDR Certificate fo N P M
Constrained Sit "
-------~-.----------------------------- --------
Issuance of TDR Certificate(s)
for Limited Developmen N,P,M
Conservation Parcel
Land Use Code Section
Takings Determination
Staff
N,P,M
,/
D = Original Decision-
Making Body
R
N,P,M ,/ R <D>
N,P,M ,/ R <D>
N,P,M ,/ R <D> A
N,P,M ,/ R <D>
,/
R
<D>
,/
<D>
R
,/ R <D> A
--.-.----- .---.----------.-- -----.--. .-------- ------- --------
,/ R <D> A
,/
<D>
R
,/
<D>
R
,/
R
,/
<D>
R
,/
<D>
R
1 For example, if an activity envelope is approved to remedy a takings, the approval will expire after 10
years.
1111111111111I111111111111 ~~:~~r~f 0~~ 12~
J~NICE K VOS C~UDILL PITKIN COUNTY CO R 0.00 00.00'
Same as
Approval
or Permit
Amended
1 year
None
10 years
None
unless
stated in
a roval
None
unless
stated in
approval
A
None
None
None
A
None
D
Determin-
ed by
remedy
a roved'
None
None
11
(7\0' (3'-;;" <1.,;((.
EXHIBIT A-6
Review, Decision-Making, and Appeal
Authority
< > = Public Hellnn R uired
Staff HO RHPC BOA P&Z BOCC
Land Use Code Section
Public Pre-App.
Notice Reqd.
Use of TDR Certificate fo
Additional Floor Area on
Lot/Parcel in the Rural Area NO
_ _ _ _ _ \i~~~~ _ i_~ _~~~: _l:?:~9.:~9_lt~K~}( ~
Use of TDR Certificate fo
Additional Floor Area on a
lot/Parcel with a Base Squar N,P,M
Footage Allotment Granted vi
~~~_~~_ .fI!1.<!~.<!g~'!!~_~t f~J!!p~J!ti~r1 _ _ m ___
Use of TDR Certificate to Creat N P M
Develo ment Ri h "
Variance of Height or Setback
See also Sec. 2-40-90 N,P,M
Variance for Historic
Preservation Incentive
See also Sec. 7-20-100 2 b
Variance of Sign Setback or
Number
See also Sec. 2-40-100
. ,
Condominium and Cooperative
Conversions, Timeshare
Develo ments
Conservation Development
PUD (CD-PUD)
Development in Areas Around
Key Facilities
See also Sec. 7-90
GMQS Exemption for
Construction of Affordable
Housing Located Outside of
the AH Zone
GMQS Scoring & Allotments
See also Sec. 2-40-40
Land Use Code Amendments
See also Sec. 2-40-10
L1R or TR-2 Cluster Option
Devt.
See also Sec. 2-40-70
P-I and SKI-REC
Master Plans and Amendments N,P,M
See also Sec. 2-40-80
Rezonings to Zone Districts
Other Than a PUD Zone District N,P,M
See also Sec. 2-40-10
Site Selection for Activities of
Local and State Interest
See also Sec. 2-40-120
N,P,M
N,P,M
N,P,M
N,P,M
N,P,M
N
N,P,M
N,P,M
,f
None
R
<D>
,f
None
R
<D>
A
,f
<D>
None
R
,f
A
1 year
R
<D>
,f
1 year
<D>
A
R
,f
A
1 year
R
<D>
,f R
R <D> None
R <D> None
R <D> 5 yrs
R <D> None
<D> Aand None
D
R <D> None
R <D> None
R <D> None
R <D> None
R <D> 5 yrs.
,f R
,f R
,f R
,f R
,f R
,f R
,f R
,f R
,f R
11111111I111I111111111 ~~:~~:0~f 0~~ 121
J~NICE K VOS C~UDILL PITKIN COUNTY CO R 0.00 0 0.00
ICO
..c. )c'''';;
C:1V1 C t"_.",; -. ,.
EXHIBIT A-6
Land Use Code Section
Subdivision Exemption for
Ma"or Plat Amendment
.
N,P,M
0/
PUD & SUBDIVISION PROCESS Sec. 2-40-50
Subdivisions of Land and
Rezonings to PUD zone
districts
(~~E?_ '!I!~9.. _~~C?c ~~~9_-_~9) _ _ _ _ _ _ _ _ _ _ __ hU:;____ --------- --.------ --------- -------.- - - - - - - - - ~ - - --
_ _ _ ___ _ __ _ _ _ _ _ __ _ _ _ _ __ _ _ _ _ ~()~C?~J!!~'!I_ _~l~cllJ! R R <D> ___1.Y.~.<!~___
---------- --------- --------- -----.--- ---_.----
Detailed _f\!,_~!!IJ1 0/ R R <D> h_1y.~'!I!h__
.----.-----------_.-----------------.-- ---------- -----_.-. --------- ----_.--. --------- ---_.---
Final Pia R D None
:::?:::: ::::13::::::::::::: ::::::::: ::::::::: :::13::: ::~J??:: ::I~~:~~:::
R D None
1111111111111111111111 :~~~~:0~f 0~~ 121
J~NICE K VOS C~UDILL PITKIN COUNTY CO R 0.00 0 0.00
If
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EXHIBIT A-7
TABLE 6-12: TDR TABLE
ZONE DISTRICT CAN A CAN A PROPERTY IN THIS ZONE DISTRICT
PROPERTY IN BE A TDR RECEIVING SITE?
THIS ZONE IF YES, CAN IT BE USED TO INCREASE
DISTRICT OR HOUSE SIZE ANDIOR TO CREATE A NEW
DESIGNATION BE DEVELOPMENT RIGHT?
ATDR SENDING
SITE?
R/R YES. NO
RS-160 NO .. NO
RS-35 NO.. YES - to increase house size to max permitted
TR-1 YES. NO
TR-2 YES. YES - to increase house size up to 3,500 sq.
ft., but only with TDRs from a sending site
within the TR-2 zone district
AR-10, RS-20, RS-30 NO.. YES - to increase house size to max permitted;
YES - to create a new development right (in the
Asoen UGB onlv)
AR-2 NO YES - to increase house size to max permitted;
YES - to create a new development right (in the
Asoen UGB only)
R-6, R-15, R-30 NO YES - to increase house size to max permitted;
YES - to create a new development right (in the
Aspen UGB only)
R-15A NO YES - to increase house size to max permitted
L1R NO YES - to increase house size to max permitted
ONL Y as Dart of a Cluster Ootion Development
CD-PUD YES YES - to increase total gross square footage of
all structures to max permitted ONLY as part of
the Residential Development Option and only
with TDRs from within the CD-PUD
RS-G, MHP, AH, AH- NO NO
PUD, B-1, B-2, VC, pol,
T, SKI-REC, VR, I, PUB,
AC/REC-2
Lots/Parcels in any Zone YES NOT APPLICABLE
District Other than RR,
TR-1, TR-2, VR, VC,
SKI-REC, MHP, AH, AH-
PUD, RS-G, B-1, B-2, P-
I, T, PUB, I, U, AC/REC-
2 Determined to be
"Constrained Sites"
NOTES: In zone districts without FAR limits (RS-35, RS-30, RS-20, and AR-10) where TDRs are
available to increase house size, the maximum size of the house after use of the TDRs shall be
the maximum size shown in Table 5-1, which is based on Comprehensive Plan for different
areas.
In zone districts with FAR limits (AR-2, R-30, R-15, R-15A, R-6, and VR) where TDRs are
available to increase house size, the maximum size of the house shall be limited by the
applicable FAR, as shown in Table 5-1. If the FAR limits house size below 5,750 sf, then TDRs
may not be used. If the FAR allows house sizes above 5,750, then TDRs may be used.
Except where parcel is less than 1 acre and does not comply with the criteria specified in
Sec. 6-70-40(a)(6).
..Except where parcel is designated as a Limited Development Conservation Parcel by
Soecial Review
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