HomeMy WebLinkAboutbocc.ord.030.2006
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ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, AMENDING THE LARGE-LOT GROWTH MANAGEMENT
EXEMPTION AND CONSERVATION DEVELOPMENT ZONE DISTRICT
PROVISIONS OF THE LAND USE CODE TO REFLECT CAUCUS FLOOR AREA
LIMITATIONS
Ordinance No. QJQ....- 2006
RECITALS
1.
In order to implement Caucus floor area limitations in the CD-PUD Zone District; in the
RS-160 Zone District; and in the Large Lot Growth Management Exemption provisions
for 160 and 500 Acre Parcels, the Board of County Commissioners of Pitkin County,
Colorado ("BOCC") directed the Community Development Department Staffto initiate
amendments to the following sections of the Pitkin County Land Use Code (PCLUC):
a. Sec. 3-70-40: CD-PUD (Conservation Development PUD)
b. Sec. 5-10: Dimensional Standards Table - Table 5-IA
c. Sec. 6-30-70: Exemption For Large Lots (RS-160 Lots or 500+ Acre Parcels)
d. Table 6-12: TDR Table
2.
The BOCC considered the amendments at a public meeting on first reading August 22,
2006, and will hear second reading at a duly noticed public hearing on October II, 2006.
3. The Planning and Zoning Commission reviewed the amendments at a regularly scheduled
meeting on September 19, 2006, and recommended approval of the request.
4.
The BOCC finds that the amendments to the CD-PUD (Conservation Development PUD)
zone district, the Dimensional Standards Table (Table 5-IA), the Exemption for Large
Lots (RS-160 Lots or 500+ Acre Parcel) provision, and the TDR Table are both
appropriate, and in conformance with Section 2-40-10 of the Land Use Code regarding
Land Use Code Text Amendments and Rezonings.
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-4 of this Ordinance.
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Ordinance No. J:3 Cl - 2006
Page 2
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the lOth day of
September, 2006.
INTRODUCED ON FIRST READING AT A PUBLIC MEETING on the 22nd day of August,
2006.
APPROVED AND ADOPTED AT A PUBLIC HEARING ON SECOND READING on the
11th day of October, 2006.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the 2!!..- day of ~"'AAllllf_
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AT EST:
BOARD OF COUNTY COMMISSIONERS
OFP;7;;~O
Mick Ireland,
Chair
,
Date: IZ,'U 'b11
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
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Cindy Houben,
Community Development Director
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EXHIBIT A-1
ReDeal and re-enact Section 3 -70-40 as follows:
3-70-40: CD-PUD (CONSERVATION DEVELOPMENT PUD)
(a) Intent
(1) The CD-PUD (Conservation Development PUD) zone district is a designation that allows for
a variety of conservation development options with varying degrees of conservation
including low density, low intensity residential development or compatible rural commercial
agricultural operations.
(2) The purpose of this zone district is to allow residential and agriculturally related commercial
uses that minimize impacts of construction, servicing and occupation of the residences to
preserve the rural character of lands in this zone district. The zone districts seeks to limit the
density and intensity of development thereby protecting existing onsite natural resources,
preserving neighborhood rural character, decreasing employment generation which would
occur with more intense development and otherwise limiting the demand for public services.
(b) Location Criteria
Land eligible for the CD-PUD zone district designation are large properties of one hundred sixty
(160) acres or greater located in Rural Areas. These parcels may have or may be associated with
environmental or ecological resources, environmental hazards, and areas of state interest,
agricultural resources or properties otherwise sensitive to overly intensive development.
(c) Use Restrictions
(1) PERMITTED USES
The approval of a CD-PUD shall restrict the lands within its boundaries to the following
permitted uses.
(a) Single family dwelling unites), together with associated accessory structures.
(b) Farming or ranching, which must be conducted for the primary purpose of obtaining a
monetary profit.
(c) Agricultural buildings.
(d) Agricultural stands.
(e) Bed and breakfast.
(f) Caretaker dwelling units.
(g) Home occupations.
(h) Public utilities, minor, which may be accessory to uses on other properties.
(i) Satellite reception device.
(j) Solar energy collector.
(k) Trail.
(2) SPECIAL REVIEW USES FOR COMMERCIAL AGRICULTURAL DEVELOPMENT
OPTION ONL Y
The approval of a CD-PUD shall restrict the lands within its boundaries to the following
special review uses.
(a) Agricultural housing.
(b) Arts and crafts studio.
(c) Blacksmithing.
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(d) Building materials and landscaping.
(e) Cellular telephone facility or building-mounted cellular telephone antennae.
(f) Cemetery.
(g) Club house or recreational building.
(h) Country inn, guest ranch and resort cabins.
(i) Day care center or home.
(j) Firewood splitting, commercial.
(k) Horse boarding.
(I) Institute.
(m) Junk yard.
(n) Logging.
(0) Meeting hall or conference center.
(p) Mineral and gravel extraction.
(q) Nordic ski area & support.
(r) Outdoor recreational, other.
(s) Park, playground or playfield.
(t) Public utilities, major.
(u) Radio or TV transmitting station.
(v) Sewage disposal area or water plant.
(w) Silviculture.
(x) Use by Federal permit.
(y) Water crossing or diversion.
(z) Wind powered electric generator.
(d) Development Standards
(1) GENERAL
All standards established in Chapters 5 and 7 of this Land Use Code shall apply within the
CD-PUD district unless explicitly modified in the approval documents. Potential modification
of dimensional and design standards shall vary depending on whether the applicant decides
to pursue Development Options 1 or 2, described in subsections (g) or (h) below.
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(2) ENTIRE PARCEL
An application for a CD-PUD designation must include within the application the entirety of
the unsubdivided parcel and adjacent parcels held in common ownership as configured on
the 5th of July, 2006 sufficient to meet the minimum acreage requirement in Sec. 3-70-40(b).
The maximum potential density and developability for properties within the CD-PUD
designation shall be based on the entire unsubdivided parcel. Adjacent parcels heid in
separate ownerShip may be aggregated to meet the minimum acreage requirement; if the
CD-PUD is approved, the parcels shall be combined into one (1) ownership per one hundred
sixty (160) acre parcel.
(3) HEIGHT AND SETBACKS
Maximum heights of principal and accessory structures and setbacks of all structures may
be modified through the CD-PUD approval process.
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(4) SITING
All buildings and structures will be situated after site specific analysis of the resource, scenic.
and hazard qualities of each individual property in consideration and application of the
policies and siting criteria contained in this Land Use Code. Following approval of the CD-
PUD, approval of a Site Plan conforming to this Land Use Code shall be required.
(e) Deed Restriction for Undeveloped Land
All land outside of Activity Envelopes designated in the CD-PUD process shall be designated as
preservation areas in the approved CD-PUD detailed and final plans. These preservation areas
shall be preserved in perpetuity by a conservation easement or covenant approved by the County
Attorney, which at a minimum shall restrict the property from future non-agricultural development
and subdivision (although it may specifically allow any special review uses approved as part of
Development Option 2). Conservation easements may be granted prior to the CD-PUD
application and approval process. If land has been preserved through a conservation easement.
that land may still be considered as part of a CD-PUD application and approval.
(f) Choice of Development Options
(1) Each applicant for a CD-PUD designation on a parcel of land containing between one
hundred sixty (160) and three hundred nineteen (319) acres shall choose between (i)
Development Option 1 in subsection (g) below and (ii) Development Option 2 in subsection
(h) below.
(2) An applicant for a CD-PUD designation on a parcel of land containing four hundred (400)
acres or more of land may choose to use Development Option 1 on a portion of the parcel
containing at least one hundred sixty (160) acres, and to use Development Option 2 on a
second portion of the parcel containing at least one hundred sixty (160) acres.
(3) An applicant who chooses to use Development Option 2 on all or a portion of the parcel may
later choose to instead apply for an approval under Development Option 1. As part of the
application for approval under Development Option 1, the applicant shall relinquish all rights
to conduct any uses by special review available only under Option 2. If the size of either
single-family dwelling is to be increased, the applicant shall be required to prepare a revised
Site Plan reflecting the increase in size.
(g) Development Option 1: Residential Development
(1) MAXIMUM RESIDENTIAL DENSITY
There shall be no more than two (2) principal single-family dwelling units per one hundred
sixty (160) acres or part thereof.
(2) MAXIMUM FLOOR AREA
The total final maximum floor area of all principal structures within the CD-PUD designation
area shall be limited to fifteen thousand (15,000) square feet.
Where codified Caucus limitations to final maximum floor area exist, said limitation shall
apply as the maximum, with no individual, or combination of two principal structures
exceelling that limitation.
Within the Frying Pan Caucus, the final maximum floor area for principal structures shall be
limited to eight thousand 8,000 sq. ft., with no more than 4,000 sq ft contained within one
principal structure.
Up to two thousand, five hundred (2,500) square feet of floor area for accessory structures
(including barns and other agricultural buildings), and up to one thousand (1,000) square
feet offloor area for each caretaker dwelling unit is allowed in addition to the final maximum
floor area for principal structures All agricultural floor area, including barns, shall be
considered to be "accessory" and shall count towards the limitation of 2,500 square feet of
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accessory floor area in Development Option 1. Floor area for accessory structures and the
caretaker dwelling unites) may not be combined.
(3) GROWTH MANAGEMENT QUOTA SYSTEM (GMQS)
Approval of a CD-PUD designation under Development Option 1 shall result in the creation
of the following development rights on the property and the following exemptions from the
requirements of GMQS (see chapter 6), provided that all structures are constructed in
compliance with all applicable requirements of this Land Use Code:
(a) Eight thousand two hundred fifty (8,250) square feet of residential floor area for
principal structures, except where final maximum floor area limitations have been
codified for specific Caucus areas, said maximums shall be the maximum GMQS
exemption for residential floor area for principal structures. Floor area may be divided
between two (2) residential structures or used exclusively for one (1) residential
structure.
(b) Within the Frying Pan Caucus area specifically, eight thousand two hundred fifty (8,250)
square feet of residential floor area for principal structures shall be exempt from GMQS,
though no one principal structure (of up to two allowed) may contain more than four
thousand square feet of floor area. Growth management exempt floor area that is not
built as part of a principal structure(s), may be redeemed as a TDR(s), at a rate of one
(1) TOR per twenty five hundred 2,500 square feet of floor area.
(c) Two thousand five hundred (2,500) square feet of floor area for accessory structures
including barns. This allowance may not be combined with the exemption in subsection
(a) above to create larger principal structures.
(d) One thousand (1,000) square feet of floor area for each caretaker dwelling unit. If there
is one (1) residential structure, only one caretaker unit is exempt from GMQS; if there
are two (2) residential structures, two caretaker units may be exempt from GMQS. This
allowance may not be combined with the accessory structure exemption in subsection
(c) above to create larger accessory structures or caretaker dwelling units; nor may it
be combined with the exemption in subsection (a) or (b) above to create larger principal
structures.
(4) TRANSFERABLE DEVELOPMENT RIGHTS (TDRS)
(a) TDRs may not be purchased and used in the CD-PUD designation under Development
Option 1 from other zone districts. However, TORs from within the CD-PUD
designation may be used to increase the Final Maximum Floor Area of the principal
structure(s) from the eight thousand two hundred fifty (8.250) square feet exempt from
GMQS up to a total of fifteen thousand (15,000) square feet of gross floor area. Where
Caucus area limitations to final maximum floor area have been codified, the Caucus
area limitation shall apply as the maximum.
(b) Within the Frying Pan Caucus area, TDRs shall not be used to exceed the final
maximum floor area of four thousand (4,000) square feet for each of the two allowed
principal structures however one (1 )TDR may be obtained for every two thousand five
hundred (2,500) square feet of growth management exempt floor area not built, up to a
total of eight thousand two hundred fifty (8,250) square feet.
(c) TDRs may be severed and sold from lands located within the CD-PUD designation
under Development Option 1. TORs available for sale shall be calculated at one (1)
TOR for each twenty (20) acres included in the designation, but excluding the first one
hundred sixty (160) acres that are developed pursuant to the standards for Option 1.
(e) (d) If the applicant chooses to limit the permitted prinCipal structure(s) to less
than the eight thousand two hundred fifty (8,250) square feet that is exempt from
GMQS, the property may sever and sell one additional TDR per each two
thousand five hundred (2,500) square feet reduction in the total floor area of the
principal structures. For example, if the total floor area of the principal structures
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is limited to five thousand seven hundred fifty (5,750) square feet, the CD-PUD
property would have one (1) additional TDR to sever and sell. As another
example, if floor area is limited to three thousand, two hundred and fifty (3,250)
square feet in one principal structure and the second (allowed) principal
structure was never built, the property would have two (2) additional TDRs to
sever and sell., n exceptional cases, at the time of approval of a CD-PUD, the Board of
County Commissioners, in its discretion, may also award additional TORs if the land
included in the CD-PUD designation under Development Option 1 includes (a) highly
sensitive visual properties as seen from a public right-of-way, (b) critically sensitive
wildlife and or wetland areas as determined by state and county wildlife experts, (c)
properties that contain critical resources such as water rights, minerals and other
natural resources which will be preserved or protected, andlor properties that are listed
on the Pitkin County Historic Inventory or Register.
(5) VESTED RIGHTS
Approval of a CD-PUD under Development Option 1 shall be granted vested property rights
pursuant to Sec. 2-20-170, but the vesting of rights shall be for a period of twenty (20) years,
rather than three (3) years.
(6) AGRICULTURAL PROPERTY TAX CLASSIFICA TlON - USES
A CD-PUD approved under Development Option 1 shall specify that the primary purpose of
ownership and use of all property in the CD-PUD is for residential purposes, and that all
improvements and uses of lands within the CD-PUD are associated with residential use of
the property. Any activities occurring on the property, or uses of the property that would
cause the properties to be classified as agricultural lands pursuant to Title 39, Colorado
Revised Statutes, are prohibited.
(h) Development Option 2: Commercial Agricultural Development
If the Community Development Director verifies that a portion of the parcel included in the
application for CD-PUD designation is currently operating legal commercial agricultural uses, that
portion of the property may be developed with additional commercial uses as set forth below. In
return for the availability of additional agricultural commercial uses, residential development of the
property shall be more limited than that allowed under Option 1.
(1) ADDITIONAL SPECIAL REVIEW USES
(a) Additional Uses Available
In addition to those uses by special review listed in Sec. 3-70-40(c) if Development
Option 2 is chosen, the applicant may request that the Board of County Commissioners
approve any permitted or special review use that is (i) consistent with the existing
agricultural operations on the property, and (ii) support the continuing existence of the
existing agricultural operation on the property. Special review uses may be included in
the application for approval by the Board as part of the CD-PUD, or may be requested
after approval of the CD-PUD through the special review process in Sec. 2-40-20.
(b) Criteria for Approval of Special Review Uses
Applications for commercial agricultural support uses are reviewed on an individual
basis to determine the appropriateness of the proposed use and level of activity, and
shall only be approved if the Board of County Commissioners finds that the use: (i) is
consistent with the adopted Comprehensive Plan for Pitkin County; and (ii) is related to,
and will support the continued existence of, a commercial agricultural activity or use
currently existing on the property; and (iii) will occur at times and in frequencies that will
not impose significant adverse impacts on nearby residents.
(c) Annual Review of Special Review Uses
For the first five years following the approval of a CD-PUD under Development Option
2, each approval or permit issued for a commercial agricultural special review use shall
be issued for a period of one (1) year; and each such commercial agricultural special
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review use shall be reviewed by the Board of County Commissioners annually to
ensure that it continues to meet the standards in subsection (2) above and that it has
complied with all applicable conditions. If these criteria are met for five (5) consecutive
years, the special review use shall no longer be subject to annual reviews, and may
continue so long as all applicable conditions are met.
(2) MAXIMUM RESIDENTIAL DENSITY
There shall be no more than two (2) principal single-family dwelling units and two (2)
caretaker dwelling units per one hundred sixty (160) acres or part thereof.
(3) MAXIMUM FLOOR AREA
Each of the two principal single-family dwelling units shall have a final maximum floor area of
five thousand seven hundred fifty (5,750) square feet. Where codifiedCaucus limitations to
final maximum floor area exist, the Caucus area limitation shall apply as the maximum, with
no individual, or combination of two principal structures exceeding the Caucus area
limitation.
Within the Frying Pan Caucus, the final maximum floor area for principal structures shall be
limited to eight thousand 8,000 sq. ft., with no more than 4,000 sq ft contained within one
principal structure.
In addition to the final maximum floor area for the principal structure(s), each of the two
caretaker dwelling units shall have a maximum floor area of one thousand (1,000) square
feet. If a legal caretaker dwelling unit exists on the date the CD-PUD i& approved, and if the
Caretaker Dwelling Unit is deed-restricted as stated in the affordabie housing guidelines, the
floor area of the Caretaker Dwelling Unit may be increased to a maximum size of one
thousand (1,000) square feet. All barn floor area and floor area allowed for special review
uses shall be in addition to the final maximum floor area for the principal structures. Barn
floor area shall be unlimited in Development Option 2.
(4) GROWTH MANAGEMENT QUOTA SYSTEM (GMQS)
Approval of a CD-PUD designation under Development Option 2 shall resuit in the creation
of the following development rights on the property and the following exemptions from the
requirements of GMQS (see chapter 6), provided that all structures are constructed in
compliance with all applicable requirements of this Land Use Code:
(a) Five thousand seven hundred fifty (5,750) square feet of floor area for each of two (2)
principal single-family dwellings. These exemptions may not be combined to produce
any principal single-family dwelling with more than five thousand seven hundred fifty
(5,750) square feet of floor area. Where codified Caucus limitations to final maximum
floor area exist, the Caucus area limitation shall apply as the maximum growth
management exemption for principal structure floor area, with no individual, or
combination of two principal structures exceeding the Caucus area limitation.
(b) Within the Frying Pan Caucus, eight thousand two hundred fifty (8,250) square feet of
residential floor area shall be the maximum GMQS exemption for principal structures.
No more than four thousand (4,000) square feet shall be contained within one principal
structure. One (1) TOR may be obtained for every two thousand five hundred (2,500)
square feet of growth management exempt floor area not built, up to a total of eight
thousand two hundred fifty (8,250) square feet of floor area.
(c) One thousand (1,000) square feet of floor area for each of two (2) caretaker dwelling
units. These exemptions may not be combined to produce any caretaker dwelling unit
with more than one thousand (1,000) square feet of floor area.
(d) All barn floor area.
(e) The following floor area for approved special review uses:
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Parcel Size (acres) Floor area exempt from
GMQS Isa ftl
1 60-200 1 ,250
201 -300 2,000
301 -500 3,000
>500 5,000
(5) TRANSFERABLE DEVELOPMENT RIGHTS (TDRS)
(a) TORs may be severed and sold from lands located within the CD-PUD designation
under Development Option 2. TORs available for sale shall be calculated at one (1)
TOR for each twenty (20) acres included in the designation, but excluding the first one
hundred sixty (160) acres that are developed pursuant to the standards for Option 2.
(b) In addition, if the applicant chooses to limit the total gross square footage of the
permitted principal dwelling unites) to less than the five thousand seven hundred fifty
(5,750) square feet that is exempt from GMQS, the property may sever and sell one (1)
additional TOR per each two thousand five hundred (2,500) square feet reduction in the
total floor area of the principal dwelling unites). For example, if the total floor area of
one of the principal dwelling units is limited to three thousand two hundred fifty (3,250)
square feet, the CD-PUD property would have one (1) additional TOR to sever and sell.
As another example, if floor area was limited to five thousand seven hundred and fifty
feet (5,750) square feet in one principal structure and the second (allowed) principal
structure was never built, the property would have two (2) additional TORs to sever and
sell.,
(c) In exceptional cases, at the time of approval of a CD-PUD, the Board of County
Commissioners, in its discretion, may also award additional TORs if the land included in
the CD-PUD designation under Development Option 1 includes (a) highly sensitive
visual properties as seen from a public right-of-way, (b) critically sensitive wildlife and or
wetland areas as determined by state and County wildlife experts, (c) properties that
contain critical resources such as water rights, minerals and other natural resources
which will be preserved or protected, and/or properties that are listed on the Pitkin
County Historic Inventory or Register.
(6) VESTED RIGHTS
Approval of a CD-PUD under Development Option 2 shall be granted vested property rights
pursuant to Sec. 2-20-170, but the vesting of rights shall be for a period of twenty (20) years,
rather than three (3) years.
(i) Sunset Provision
The CD-PUD regulation (Sec. 3-70-40) as a whole shall be reviewed by the Board of County
Commissioners after five (5) years from July 5, 2006 and shall otherwise expire on its own
accord without further action by the Board of County Commissioners on [10 years from July
5, 2006J.
Codified Caucus floor area limitations (within the CD-PUD provisions only) shall be
reviewed by the Board of County Commissioners after two (2) years from October
II, 2006. The purpose of the review will be to determine whether the Caucus floor
area limitations within the provision shall be retained, modified or repealed.
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EXHIBIT "A-2"
Repeal and re-enact Section 5-10-10 (Dimensional Standards Tables). Table 5-
1.A and Notes for Table 5-1.A as follows:
5-10-10: USE OF THE TABLES
(a) The general dimensional requirements for each zone district are set forth in Tables 5-10 A, B, C,
and 0 below. Each table addresses a different set of zone districts:
Table A: Rural Zone Districts
Table B: Urban I Suburban Residential Zone Districts
Table C: Affordable Housing Zone Districts
Table D. Business and Special Purpose Zone Districts
(b) Throughout this Land Use Code, references to "Table 5-1" shall be a reference to all of the
information contained in the four sub-tables 5-1.A, B, C, and D.
(c) Where two rows in these tables are separated by a dashed line, rather than a solid line, the two
rows represent alternative measures of that dimension, the most restrictive of which shall apply.
(d) Each of the four sub-tables 5-1.A, B, C and 0 contain footnotes that immediately follow each sub-
table and should be reviewed in conjunction with the sub-table.
(e) Dimensional requirements for the PUB, I, U and AC/REC-2 zone districts are set forth in Sec. 3-
80.
(f) Dimensional requirements for the CD-PUD zone district are set forth in Sec. 3-70-40.
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EXHIBIT "A-4" - ReDeal and re-enact Table 6-12 (TDR Table as follows:
TABLE 6-12: TDR TABLE
ZONE DISTRICT CAN A CAN APRQPERTY IN THIS ZONE DISTRICT
PROPERTY IN BE A TOR 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?
A TDR SENDING
SITE?
R1R 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 TORs 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 on Iv)
AR-2 NO YES - to increase house size to max permitted;
YES - to create a new development right (in the
Asnen UGB onlvl
R-6, R-15, R-30 NO YES - to increase house size to max permitted;
YES - to create a new development right (in the
Asnen UGB onlvl
R-15A NO YES - to increase house size to max oermitted
L1R NO YES - to increase house size to max permitted
ONLY as nart of a Cluster Option Develonment
CD-PUD YES YES - to increase total gross square footage of
all structures to max permitted (in compliance
with BOCC-adopted Caucus floor area
limitations, where such limitations exist) ONLY
as part of the Residential Development Option
and onlv with TDRs from within the CD-PUD
RS-G, MHP, AH, AH- NO NO
PUD, B-1, B-2, VC, P-I,
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 TORs 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 TORs 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 TORs may be used.
. Except where parcel is less than 1 acre and does not comply with the criteria specified in Sec.
6-70-40CalC61.
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TABLE5-1.A: RS RR RS - RS- L1R- TR-1 TR-2 RS- RS - AR- AR- 2 8-1 SKI-
-G 160 35 35 30 20 10 REC
DIMENSIONAL NCJ[E NOTE NOTES
REQUIREMENTS 1 NOTE 3 3_45
RURAL ZONES 2
Minimum Lot Area N/A 35 160 35 35 35 35 30 20 10 2 MF= M
(ac.) 15,000
OTH=
6,000
NOTE
6
800 M
400 400 400 N/A 400 400 400 200 50 M
100 ft. setback for buildings/1 00 ft. setback for outside uses M
NOTE 7
100 ft. setback for buildings! 50 ft. setback for outside uses M
NOTE 7
50 ft. setback for buildings/25 ft. setback for outside uses M
NOTE 7
SR SR (1) Lot Size S 3 ac = 30 ft.; 30 M
(2) Lot> 3 ac. and S 10 acres = 50 ft.;
3 Lot> 10 acres = 100 ft.
Side Setback (ft.) SR SR (1) Lot < 7,500 sq. ft. = 5 ft.; (2) Lot" 7.500 & < 30.000 sq. ft. - 10 ft,; 10 M
(3) Lot Size" 30.000 & < 43.560 sq. ft. = 15 ft.; (4) Lot" 43,560 & < 3 ac. =
20ft.;
5 Lot> 3 ac. & <20 ac. = 30 ft.; 6 Lot> 20 ac. = 50 ft,
Rear Setback (ft.) SR SR (1) Lot Size < 30,000 sq. ft. = 10 ft,; 10 M
(2) Lot" 30.000 sq. ft. & < 1 0 ac. = 30 ft,;
3 Lot>10ac, = 50ft.
From Streams (ft.)
Maximum Height of 20 20 28 28 28 20 20 28 28 28 28 28 M
Principal Structure NOTE
ft. 8
Maximum Height of 20 12 20 20 20 15 15 20 20 20 20 20 M
Accessory Structure NOTE
ft. 9
Gross Floor Area N/A NOTE 15,000 5.750 5,750 1.000 2,500 5,750 5.750 5,750 5,750 NOTE M
Exempt From GMOS 10 NOTE NOTE NOTE 4 NOTE NOTE NOTE NOTE 11
(Without GMOS 11 11 11 11 11 12 NOTE
Allocation or TDR 13
Purchase) (Base
Max. s ft
Gross Floor Area N/A NOTE N/A 15,000 15,000 1,000 3,500 15.000 15,000 15.000 15.000 8.000 M
After GMOS 10 NOTE NOTE 2 NOTE NOTE NOTE NOTE NOTE
Allocation and/or 11 11 11 11 11 11
TDR Purchase (Final
Max.Size/Area s .ft.
537938
Page: 12 of IS
05/16/2007 04: 161
JANICE K vas CAUDILL PITKIN COUNTY CO R 0.00 o 0.00
Full LUC Approval Dra.. "itkin County, Colorado
May 2006 Page 2
t?AOc 030-,;).0(1'7
NOTES FOR TABLE 5-1..(-- O_l1Sional RellUlreIll_!1\$for Rural alld.CQJ1$ervatiOtI.zCllllilOistrit\$
AaBREVlATIONS
M" All approved in MaSie'PlalllotSKI-RECzone di$bi<:t:IiM.L" HotelII>1otBlILodge;MFIl"MUIti-familyllmltedt01,2,Qr3
Bedrooms;MFIST" MUJti-fa!t1IlYStudio; MFIUl "MuJlj..famnvlNilh more than 3bl!drooms: OTH= Other
NOTE 1: In the RR zone district, the maximum size of the Activity Envelope defined for each principal use shall be one-half
(1/2) acre. Dimensional standards in the RR zone district may be varied by special review pursuant to the provisions of Sec. 3-
40-20.
NOTE 2: As an alternative to the strict application of the area and bulk requirements, parcels in the L1R-35 zone district may
be developed as a cluster option, pursuant to the standards in Sec. 3-40-50(d), provided that the application includes the
entirety ofthe unsubdivided parcel and adjacent parcels held in common ownership as configured on January 16, 2000. If the
cluster option is used: (1) There shall be no more than one (1) principal single family dwelling unit per eighty (80) acres.
Actual lots may be smaller if accompanied with a preserved open space parcel that maintains one unit per 80-acre density. (2)
Maximum allowed floor area of all buildings shall be 15,000 square feet.; of which (a) 8,250 square feet shall be exempt from
growth management; and (b) additional square footage up to 15,000 square feet may only be obtained through successful
growth management competition or for use of transferable development rights.
NOTE 3: The maximum potential density and developability for properties within the TR-1 and TR-2 zone district shall be
based on the entire unsubdivided parce1. All buildings shall be included in the calculation of the floor area.
NOTE 4: For lands rezoned to a TR.2 zone district effective on or before January 26, 2005 existing vested rights in prior
development approvals are recognized, and property owners may continue to rely on those vested rights until their expiration.
Residential development in place or approved prior to January 26, 2005, shall not be deemed non-conforming relative to the
Pitkin County Land Use Code,
NOTE 5: As an alternative to the strict application of the area and bulk requirements, parcels in the TR-2 zone district may be
developed as a cluster option, pursuant to the standards in Sec. 3-40-70(d), provided that the application includes the entirety
of the unsubdivided parcel and adjacent parcels held in common ownership as configured on January 16, 2000. Ifthe cluster
option is used: (1) There shall be no more than one (1) principal single family dwelling unit per fifty (50) acres. Actual lots may
be smaller if accompanied with a preserved open space parcel that maintains one unit per 50 acre density. (2) Maximum
allowed floor area of all buildings shall be 3,500 square feet, all of which shall be exempt from growth management; and no
additional floor area may be obtained through the use of either TORs or additional growth management allocations. Heights
and setbacks may be modified through the Two-Step Review process.
NOTE 6: Minimum lot area per principal use or dwelling unit (in square feet) shall be: MF/UL = 5,500; MF/L =3,200; MF/ST =
2.500.
NOTE 7: Off-street parking, signs, and lights shall meet the setback requirements for outside uses. Access roads, highway
regulatory and directional signs, safety lighting, and safety features shall be allowed between the right-of-way and the setbacks
listed. Off street parking and lights don't need to meet the setback required on collector streets.
NOTE 8: In the RR zone district, height of principal and accessory structures shall be measured to the top of ridge or to the
top of the parapet surface of a flat roof, as measured form existing or finished grade, whichever is lower. See Sec. 5-20-60(h)
NOTE 9: Not applicable to structures existing on the 5th of July, 2006.
NOTE 10: In the RR zone district, the maximum house size and maximum floor area ratio are replaced by the following
provisions:
(1) Maximum footprint p~r principal structure shall not exceed 1,000 square feet without special review approval. In measuring
the footprint, all dimensions shall be taken from the outside face of framing or other primary wall members.
(2) Maximum allowed square footage shall not exceed 1,000 square feet, except as may be allowed through special review to
retain an existing structure when a new structure is proposed. Below-grade space and garage or carport space are included in
the calculation of maximum allowed square footage. Up to 600 square feet of a legally created structure existing prior to
January 2, 1996, that is retained pursuant to special review, shall be excluded from the maximum allowed square footage for a
new, separate structure; square footage in excess of 600 square feet shall be included in the maximum allowed square
footage. The entire square footage of an historic structure shall be excluded from the maximum allowed square footage.
(3) Decks, porches, etc. shall not exceed a maximum of 500 square feet, as measured from the outside face of the material.
Structures including, but not limited to, decks, porches, slabs, patios and terraces, shall be included in this calculation, and
these structures shall be contiguous to the building footprint.
(4) Platforms and tree houses shall not exceed 250 square feet, which is included in the maximum allowed square footage of
1,000 square feet.
(5) Outhouse, storage and mechanical enclosures shall not exceed a total of 160 square feet, which is excluded from
maximum allowed square footage of 1 ,000 square feet.
NOTE 11: For land located within the Frying Pan area, the final maximum dwelling unit floor area shall be 4,000 square feet; in
the Capitol CreeklSnowmass area, the final maximum dwelling unit floor area shall be 8,250 square feet; and within the Basalt
Urban Growth Boundary, the final maximum dwelling unit floor area shall be 5,750 sq. ft. These maximums shall apply
regardless of application for a GMQS allotment for a larger area, and regardless of whether TORs are purchased. These
maximums shall also apply to a dwelling unit which is to be located on a parcel containing five hundred (500) acres or more,
unless the parcel was legally created and received development approvals prior to July 5, 2006, in which case previous
approvals regarding house size shall apply.
NOTE 12: (1) Lot size 0-25,000 sq. ft, = .13 up to a maximum 013,250 sq, ft. 01 floor area; (2) Lot size 25.001--50.000 sq. ft. =
3,250 sq. ft. of floor area, plus 9 sq. ft. of floor area for each additional 1 00 sq. ft. in lot area up to a maximum of 5,500 sq. ft. of
floor area; (3) Lot size 50,001-100,000 sq. ft. = 5,500 sq. ft. of floor area plus 5 sq. ft. of floor area for each additional 100 sq.
ft. in lot area up to a maximum of 8,000 sq. ft. of floor area; (4) Lot size 100,000 and larger = 8,000 sq. ft. of floor area plus 1
sq. ft. of floor area for each additional 1 00 sq. ft. in lot area.
NOTE 13: Notwithstanding any other provision of this Land Use Code, the gross floor area shall not exceed 4,000 square feet
for lots and parcels:s 1 acre; for lots and parcels >1 acre, then gross floor area shall not exceed 5,750 square feet plus 1,000
square feet for each 10,000 square feet that parcel size exceeds one acre, up to a maximum of 8,000 square feet on anyone
B-1 lot or parcel.
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Pitki!1 CQU!1ty, Colorado La!1d Use CQde
Page 3 July 2006
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EXHIBIT "A-3"
ReDeal and re-enact Section 6-30-70 as follows:
6-30-70: EXEMPTION FOR LARGE LOTS (RS-160 LOTS OR 500+ ACRE
PARCELS)
A GMQS exemption is provided to create an incentive for owners to maintain land in large lots as
follows:
(a) RS-160 Lots
One single-family dwelling unit up to fifteen thousand (15,000) square feet of floor area shall be
exempt from GMQS, (except where codified Caucus floor area limitations exist, they shall apply),
subject to compliance with the following standards:
(1) RS-160 REZONING
The applicant must obtain approval from the County to rezone the parcel to RS-160.
(2) REZONING PROCEDURE
The subdivision of the parcel must be approved pursuant to Land Use Code Text
Amendments and Rezoning procedures in Sec. 2-40-10.
(3) DEED RESTRICTION AGAINST FURTHER SUBDIVISION OR DEVELOPMENT
The land must be deed restricted against further subdivision, concurrent with recordation of
the Final Plat.
(4) LOTS CONFORMING IN SIZE
The lots shall be conforming in size in the RS-160 zone district. Lot size may be varied
pursuant to the County's PUD provisions in Sec. 3-70-30, as long as the overall density of
the subdivision does not exceed the maximum allowable density permitted for the property.
(b) 500+ Acre Parcels
One single-family dwelling unit up to fifteen thousand (15,000) square feet of floor area shall be
exempt from GMQS on any parcel of five hundred (500) acres or more in size, , (except where
codified Caucus floor area limitations exist, they shall apply) sUbject to compliance with the
following standards:
(1) DEED RESTRICTION AGAINST FURTHER SUBDIVISION
Prior to or concurrent with recordation of any final approval of a Site Plan, the land must be
deed restricted against further subdivision or development of other than:
(a) One single family dwelling unit;
(b) Preservation and expansion of historic dwelling units or structures;
(c) Accessory dwelling units or structures, including agricultural buildings; and
(d) Infrastructure associated with the approved site specific development plan.
(2) AFFECT OF RECONFIGURA T10N
If the parcel that is subject to the deed restriction is subsequently reconfigured, then the area
of the parcel as it existed at the time of recordation of the deed restriction shall not be
utilized to provide an additional exemption from GMQS for a newly created lot or parcel.
(3) PREVIOUS APPROVALS
On properties which received a five hundred (500) acre growth management exemption
approval prior to July 5, 2006, one (1) single family dwelling unit of up to fifteen thousand
(15,000) square feet of floor area (or up to floor area granted in previous approval, if less
than fifteen thousand (15,000) square feet) shall be exempt from GMQS, regardless of
codified Caucus floor area limitations.
\ 111\11 11\\\ 1111\\ 11\11 111\\ 11I11 1\\11\ III 11\111 III 111\ :;~~~i:~r 0~~ 161
JANICE K vas CAUDILL PITKIN COUNTY CO R 0.00 0 0.00
{JI1O: tJ3c5-;;l dcJ7
(c) Two Year Review
Codified Caucus floor area limitations (within the Exemption For Large Lots provisions only) shall
be reviewed by the Board of County Commissioners after two (2) years from October 11, 2006.
The purpose of the review will be to determine whether the Caucus floor area jimitations within
the provisions shall be retained, modified or repealed.
1111111111111111111111 :;~~~t~f 0~\6'
JANICE K vas CAUDILL PITKIN COUNTY CO R 0.00 0 0.00