3-40-50 LIR-35 (Low Impact Residential - 35 Acre)

(b) Locational Criteria

• The LIR-35 zone district is intended to be used within the Brush Creek/Owl Creek Area, and in other areas located no further from the Aspen Urban Growth Boundary than the Brush Creek Area in which the use of the LIR-35 zone district would create a reduction in overall development density.

(c) Zone District-Specific Regulations

• In the LIR-35 zone district, only one (1) principal allowed use may be approved or established at any one (1) time on any one (1) property, lot or parcel.

(d) Cluster Option

In the LIR-35 zone district, a cluster option is available. Applications for a cluster development option shall be reviewed through the LIR/TR-2 cluster subdivision process. The following standards shall apply:

1. Eligibility
   • The application must include the entirety of the unsubdivided parcel and adjacent parcels held in common ownership as configured on January 16, 2000.
2. Minimum Lot Size and Maximum Allowed Floor area
   • Minimum lot size, maximum allowed floor area, and other dimensional requirements shall comply with the description of the cluster option in Table 5-1.
3. Caretaker Dwelling Unit
   • A caretaker dwelling unit may be constructed consistent with the applicable provisions of this Land Use Code. The size of the caretaker dwelling unit shall be included in the calculation of total floor area.
4. Maximum Height and Setbacks
   • Maximum heights of principal and accessory structures and setbacks of all structures may be modified through the PUD approval process, consistent with the intent of the LIR-35 district.
5. Siting
   • All buildings and structures shall be subject to Site Plan Review pursuant to Sec. 2-30-20(g)(2) and 7-10-50.
6. Deed Restriction for Undeveloped Land
   • All land outside of the development areas designated in the cluster option Activity Envelope shall be designated as preservation areas in the approved Site Plan. These preservation areas shall be preserved in perpetuity by conservation easement or covenant approved by the County Attorney and the Community Development Director, which at a minimum shall restrict the property from future development and subdivision. Conservation easements may be granted prior to the cluster option application and approval process. If land has been preserved through a conservation easement, that land may still be considered as part of a cluster option application and approval.
7. Vested Rights
   • Cluster option approvals pursuant to this zone district shall be granted vested property rights valid for twenty (20) years.