2-40-170 Open Space Preservation Master Plan

(b) Standards for Open Space Preservation Master Plans.

1. Master plan and development approval under this section are available only to properties which reflect the preservation and conservation values identified by the Open Space and Trails Board as stated in their operating policies. This approval process may consider property within incorporated municipalities or outside the boundaries of Pitkin County but development approvals may only be granted for locations in unincorporated Pitkin County.
2. This master plan process is only available on applications initiated by Pitkin County with the consent of the property owner. This master plan process is not available for private party initiated applications. This process may be employed only on parcels of 70 acres or larger.
3. This master plan process is only available for property which Pitkin County is acquiring an interest with Open Space and Trails restricted funds. This acquired interest may be in the form of a fee simple interest or a conservation easement or trail easement.
4. Development approvals granted pursuant to this master plan process may not exceed the density and use limitations of the underlying zoning or the Neighborhood Master Plan for the reviewed property. Siting criteria relating to geologic hazards and steep and potentially unstable slopes may be varied if appropriate. All other siting considerations in Chapter 7 shall apply. Gross floor area shall not exceed 5750 sq. ft. per unit except in exceptional circumstances within the geographic area above the confluence of the Roaring Fork River and Brush Creek, including the East of Aspen, Castle/Maroon, Brush Creek and Owl Creek Planning Areas, as otherwise depicted on the attached map. In exceptional circumstances, the gross floor area may be increased to 8250 sq. ft. provided that a pre-existing TDR will be extinguished as a result. An exceptional circumstance maybe found if all for the following conditions are met:
   • (a) The subject property is outside the Rural and Remote Zone and within the above described area, and
   • (b) The approval of a residential unit in excess of 5750 sq. ft. gross floor area would not:
     1. create significant visual impacts from public roads, public trails, or nearby public lands, or
     2. would not significantly degrade surrounding rural character, and
     3. would not create significant light, air and water pollution, or traffic impacts.
5. This master plan process may extend or establish unique vested rights
6. Master plan and development approvals granted pursuant to this process must result in a significant public benefit and resolve all development and use potential for the subject property held by the contracting party with permanency and be reflected in appropriate approval documents, covenants, or deed restrictions as necessary.
7. Development approvals granted pursuant to this process must balance on-site development, and cash compensation in consideration of any interest acquired in the property by Pitkin County against the monetary value of the property and the conservation and community values related to the property.

(c) Procedure

1. All approvals granted pursuant to this section must first receive an affirmative recommendation from the Community Development Director. This recommendation must consider all development and impacts of development, and the cash compensation paid from Open Space and Trails restricted funds, the property interests acquired by the County, as well as any other aspects of the final disposition of development and use of the property. Once the Open Space Board has agreed that a possible Open Space Master Plan should be devised, the Board shall pay the costs of the Community Development review up until the such point as the County and Landowner have agreed in writing to the basic terms of a Master Plan, including acreage, reserved rights, and public access, if any. Following such written agreement the private party shall pay all costs of the Community Development review. The property owner shall provide the Community development with all information that is relevant or helpful at the discretion of the Community Development Director.
2. Upon an affirmative recommendation from the Community Development Director, the Open Space and Trails Board must endorse and affirmatively recommend the same conditions of the approval as reviewed and recommended by the Community Development Director.
3. Following affirmative recommendations for approval from the Community Development Director and the Open Space and Trails Board, the Board of County Commissioners shall finally consider and approve or deny, by majority vote of the Board, any requested reviews pursuant to this section. The Board of County Commissioners review approval process shall be by ordinance as that process is described in the Home Rule Charter at Section 2.8.1. The Board of County Commissioners can only approve the exact recommendation made by the Community Development Director and Open Space and Trails Board. If the Board of County Commissioners desires to amend or change any aspect of the proposed approval contrary to the recommendations of the Community Development Director and Open Space and Trails Board, the application, in its entirety must be referred back to those two reviewing bodies for affirmative recommendation.
4. All approvals granted by the Board of County Commissioners pursuant to this section shall be contingent upon the closing of a contract for acquisition of a property interest in the subject property by Pitkin County.
5. Representations and opinions expressed by the County, its departments or Boards, during this review process are not determinative or applicable to any other Land Use Code review processes.