(a) Intent
(b) Location Criteria
Lands eligible for the CD-PUD zone district 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, areas of state interest, and agricultural resources, or may be properties otherwise sensitive to overly intensive development.
(c) A CD-PUD Development Plan
A CD-PUD Development Plan shall be approved concurrent with approval of a rezoning to the CD-PUD zone district.
(d) Use Restrictions
Lands within the CD-PUD zone district are limited to the following permitted and special review uses. Uses not listed are prohibited.
(e) Development Standards
(f) Conservation Easement
The entirety of the property within the CD-PUD shall be encumbered by a Conservation Easement that runs to the benefit of Pitkin County. The Conservation Easement shall depict the Activity Envelopes where approved development may occur and the Preservation Areas outside of the Activity Envelopes. The Conservation Easement shall ensure at a minimum that:
(g) Choice of Development Options
In the CD-PUD application, the applicant shall choose either Development Option 1 - Residential Development or Development Option 2 – Commercial Agricultural Development, or Development Option 3 – Residential/Agricultural Development. An applicant who chooses to use Development Option 2 or 3 on 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 or 3.
(h) Development Option 1: Residential Development
(i) Development Option 2: Commercial Agricultural Development
If the Community Development Director verifies that a portion of the parcel included in the CD-PUD application is currently operating legal commercial agricultural uses, then the property may be developed with additional commercial uses as set forth below. In return for the availability of additional commercial agricultural uses, residential development of the property shall be more limited than that allowed under Options 1 and 3.
(1) Special Review Uses
(2) Maximum Residential Density
(3) Maximum Floor Area
Parcel Size (acres) Floor Area for Special Review Uses (sq.ft.)
160-200 1,250
201-300 2,000
301-500 3,000
>500 5,000
(4) Growth Management Quota System (GMQS)
Approval of a CD-PUD under Development Option 2 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:
Parcel Size (acres) Floor area exempt from GMQS (sq ft)
160-200 1,250
201-300 2,000
301-500 3,000
>500 5,000
(5) Transferable Development Rights (TDRs)
(6) Vested Rights
(j) Covenant Regarding Conveyance of Structures
The applicant shall by covenant or other permanent commitment running with the land, guarantee that in the event that multiple principal single family dwelling units and/or caretaker dwelling units exist and/or are developed within the CD-PUD, said units shall not be sold or otherwise conveyed or separated from the original parcel regardless of their ultimate form of ownership.
(j) Development Option 3: Residential/Agricultural Development
If the Community Development Director verifies that a portion of the parcel included in the CD-PUD application is currently operating legal commercial agricultural uses, then the property may be developed as set forth below. In return for eliminating the potential for non-agricultural commercial uses, residential development of the property shall be more limited than that allowed under Option 1 but less limited that allowed under Option 2.
(1) Special Review Uses
(2) Maximum Residential Density
(3) Maximum Floor Area
Parcel Size (acres) Floor Area for Special Review Uses (sq.ft.)
160-200 1,250
201-300 2,000
301-500 3,000
>500 5,000
(4) Growth Management Quota System (GMQS)
Approval of a CD-PUD under Development Option 3 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:
Parcel Size (acres) Floor area exempt from GMQS (sq ft)
160-200 1,250
201-300 2,000
301-500 3,000
>500 5,000
(5) Transferable Development Rights (TDRs)
(6) Vested Rights
(7) Covenant Regarding Conveyance of Structures
(Code repealed and reenacted (all sections) by Ord. 014-D-2006, 07-05-08; § 3-70-40 (part) amended Ord. 030-06, 10-11-06; Ord. 023-07, 08-28-07); Ord. 030-2016 12-21-2016)