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Home My WebLink Aboutbocc.ord.031.2000 ORDINANCE NO. 031-2000 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO,AMENDING SECTION 3-310-030,TRAN9F/RABLE DEVELOPMENT RIGHTS,OF THE PITKIN COUNTY LAND USE CODE RECITALS 1. The Pitkin County Planning and Zoning Commission considered the proposed code amendment at a regularly scheduled meeting on July 25,2000,and recommended approval by a vote of 4-0. 2. The BOCC considered the proposed code amendment at a public meeting on August 9, 2000,and voted to approve the proposed amendment on first reading. 3. The BOCC adopted the proposed amendment on second reading and a public hearing on August 23,2000. 4. The BOCC finds that the proposed code amendment accommodates the goals of the Transferable Development Rights program and the recently enacted GMQS legislation. 5. The BOCC further finds that the proposed code amendment is consistent with the other applicable provisions of the Code. NOW,THEREFORE,BE IT ORDAINED by the BOCC that it hereby amends 3-310- 030 of the Pitkin County Code,the Land Use Code,as follows in Attachment A. NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the aq day of�,2000. INTRODUCED AND FIRST READ on the 91h day of August, 2000. APPROVED AND ADOPTED AFTER SECOND READING AND A PUBLIC HEARING on the 231h day of August,2000. PUBLISHED AFTER ADOPTION in the Aspen Times Weekly on the TTjj day of 2000. THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO ` By ATTES �' Shellie Royeoper,Chair Date 1 r us1 sA,Clerk e BOCC rE.. csv�s APPROVED AS TO FORM: APPROVED AS TO CONTENT: John E y�ounty Attorney Cindy Houben, Community Development Director Attachment A 3-310-030 Standards and Criteria for the Transfer of Development Rights from a Rural/Remote Preservation Site to a Receiver Site Located Outside of the Rural/Remote Zone District A. Transfer of Development Rights Requires Approval by Special Review: The transfer of development rights from a preservation site to a receiver site which is not located in the Rural/Remote Zone District shall be approved by special review pursuant to Subsection 3- 210-010 and shall be subject to each and every requirement of the Code, except as expressly provided for in this section. B. TDRs May be Severed from Preservation Sites for Use Outside the Rural/Remote Zone District for Intensity Bonuses and GMQS Exemptions: In addition to any other use permitted by the applicable zone district, a receiver site shall be eligible for development with TDRs. The transfer of a TDR to a specific receiver site shall be accomplished through the procedure outlined in Subsection 4-60-095. Upon compliance with all of the provisions of this section, TDRs may be used on receiver sites for: 1. Floor Area Intensity Bonus: Based on the standards and criteria of this section, TDRs may be severed from preservation sites and transferred to preservation sites located outside of the Rural/Remote Zone District to obtain a floor area intensity bonus for permitting a higher allowed square footage, except where there is an underlying floor area ratio which limits the allowed square footage to less than fifteen thousand(15,000) square feet and/or a development approval limited the square footage allowed and does not provide for the use of TDRs; 2. GMQS Exemption. Based on the standards and criteria of this section, TDRs may be servered from preservation sites and transferred to Receiver Sites located outside of the Rural/Remote Zone District to obtain growth management quota system exemptions. G. Transfers-from-Certain Preservation Site Locations Limited tt-4 C-p--r-tMain Rnaeive, Sites Locatiens; Development rights from a preservation site lerated within the Litt! Ar�nig/Rish� end Iill-Marcae+�/Gastl�,�nd�gndense%L�inGo4vand-Weedy Gr--ek44unt�4E--;r-eok planning areas may enly be,trans&rrad to a reogiver-sito- located 11vithin the Metro area or th expanded housing stud),area of the Aspen Area Community Plan(up valley ef Aspen Village). Development rights from a preservation site, le-c—ated within the F#3,iagpaa p! i - may enly be transfigrred to a receiver site located-ivit-h-in the ne--n-A-40tr-q area Of Ditkin Count)'(th within the,Moue are--id-entified in the Aspen A-e-a Comm-unit-Y Plan). C. Transferable development rights used as a GMQS exemption for the creation of new dwelling units on newly created lots subject to Code Section 9-110-042(A.)or to_exceed 1.5000 square feet subject to Code Section 9.110 042 (-D)may only be transferred as follows. Development rights from a preservation site located within the Rural Area(excluding the Crystal and m an Areas may only be transferred to a receive....... ...................._.........................._ ...._._.............__._. Boundary,_.Development rights from a preservation site located within the Fryingpan River Area or Crystal River Area may only be transferred to a receiver site located within the Rural Area. Transferable development rights from any preservation site in unincorporated Pitkin County may be used on any receiver site in unincorporated Pitkin County as a GMQS exemption for Additional Floor Area subject to Code Sections 9-110_-042 D. Standards and Criteria for the Use of TDRs for Intensity Bonuses to Exceed Bulk Area Restrictions on Receiver Sites: The transfer of a development right from a preservation site to a qualifying receiver site approved through special review which is not located in the Rural/Remote Zone District shall entitle the receiver site to an intensity bonus of five thousand (5,000) square feet of residential floor area per TDR beyond the allowed square footage of the underlying zone district. The intensity bonus shall not be available to any receiver site where: 1. The underlying zone district contains a floor area ratio restriction that would not permit the square footage of floor area sought; and/or 2. A prior development approval limited the square footage allowed, and there was no provision for the use of TDRs to exceed the allowed square footage. E. Standards and Criteria for the Use of TDRs for GMQS Exemptions: A receiving site outside of the Rural/Remote Zone District which is approved by special review for development with TDRs shall be exempt from the growth management quota system only where the square footage transferred equals or exceeds a certain percentage of the total square footage of the entire unit. The use of one TDR results in one GMQS exempt unit of up to five thousand(5,000) square feet in size. Additional square footage may be possible where more than one TDR is used based on the sliding scale below: 1. Where the total gross floor area of a residential dwelling unit seeking a GMQS exemption is less than or equal to five thousand(5,000) square feet, a GMQS exemption shall be granted if the square footage transferred to the unit equals or exceeds thirty percent(30%) of the total square footage of the unit. 2. Where the total gross floor area of a residential dwelling unit seeking a GMQS exemption is greater than five thousand(5,000) square feet but less than or equal to seven thousand five hundred(7,500)square feet, a GMQS exemption shall be granted if the square footage transferred to the unit equals or exceeds forty percent(40%)of the total square footage of the unit. 3. Where the total gross floor area of a residential dwelling unit seeking a GMQS exemption is greater than seven thousand five hundred(7,500) square feet but less than or equal to ten thousand(10,000)square feet, a GMQS exemption shall be granted if the square footage transferred to the unit equals or exceeds forty-five percent(45%)of the total square footage of the unit. 4, Where the total gross floor area of a residential dwelling unit seeking a GMQS exemption is greater than ten thousand(10,000)square feet but less than or equal to twelve thousand five hundred(12,500) square feet, a GMQS exemption shall be granted if the square footage transferred to the unit equals or exceeds forty-eight percent(48%)of the total square footage of the unit. 5. Where the total gross floor area of a residential dwelling unit seeking a GMQS exemption is greater than twelve thousand five hundred(12,500)square feet but less than or equal to fifteen thousand(15,000) square feet,a GMQS exemption shall be granted if the square footage transferred to the unit equals or exceeds fifty percent(50%)of the total square footage of the unit. The following chart summarizes the intensity bonuses and GMQS exemptions for transfers of TDRs to receiver sites located outside of the Rural/Remote Zone District: EXAMPLES OF INTENSITY BONUSES AND GMQS EXEMPTIONS FOR TRANSFERS OF TDRs OUTSIDE OF THE RURAL/REMOTE ZONE DISTRICT Minimum Percent Number of TDRs Required for GMQS Square Exemption and Amount of Intensity Bonus Footage (Not Available to Exceed F.A.R. Restrictions, Total Floor Area of Unit from of or Square Footage Limitations Set Forth in Seeking GMQS Exemption Transfer Development Approvals) <5,000 SF 30% TDR= 5,000 SF GMQS exemption 1 TDR= 5,000 SF intensity bonus > 5,000 SF, but<7,500 SF 40% 2 TDRs=7,500 SF GMQS exemption 2 TDRs= 10,000 SF intensity bonus > 7,500 SF, but< 10,000 SF 45% 3 TDRs= 10,000 SF GMQS exemption 3 TDRs= 15,000 SF intensity bonus > 10,000 SF,but< 12,500 SF 48% 4 TDRs= 12,500 SF GMQS exemption 4 TDRs=20,000 SF intensity bonus > 12,500 SF,but< 15,000 SF 50% 5 TDRs= 15,000 SF GMQS exemption 5 TDRs=25,000 SF intensity bonus