3-70-40 CD-PUD (Conservation Development PUD)

(a) Intent

Conservation Development PUD zone district allows for a variety of conservation development options, including low density, low intensity residential development or compatible rural commercial agricultural operations.
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

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.

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.

Permitted Uses
- (a) Single family dwelling unit(s), together with associated accessory structures.
- (b) Farming or ranching. Under Development Option 1, Residential Development, farming or ranching shall be accessory to the primary residential use of the property, and 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. Under Development Option 2, Commercial Agricultural Development, and Option 3. Residential/Agricultural Development, farming and ranching must be conducted for the primary purpose of obtaining a monetary profit.
- (c) Agricultural buildings.
- (d) Agricultural stands.
- (e) Caretaker dwelling units.
- (f) Home occupations.
- (g) Public utilities, minor, which may be accessory to uses on other properties.
- (h) Satellite reception device.
- (i) Solar energy collector.
- (j) Trail
Special Review Uses For Commercial Agricultural Development Option 2 Only
- (a) Agricultural housing.
- (b) Arts and crafts studio.
- (c) Bed and Breakfast
- (d) Blacksmithing.
- (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 (allows up to 20 guest rooms)
- (i) Day care home.
- (j) Firewood splitting, commercial.
- (k) Horse boarding.
- (l) Logging.
- (m) Micro Hydro Electric Energy System
- (n) Mineral and gravel extraction.
- (o) Nordic ski area & support.
- (p) Outdoor recreational, other.
- (q) Public utilities, major.
- (r) Radio or TV transmitting station.
- (s) Sewage disposal area or water plant.
- (t) Silviculture.
- (u) Use by Federal permit.
- (v) Water crossing or diversion.
- (w) Wind powered electric generator
Special Review Uses for Residential/Agricultural Development Option 3 Only
- (a) Agricultural housing
- (b) Cellular telephone facility or building-mounted cellular telephone antennae.
- (c) Horse boarding, Accessory (Non-commercial).
- (d) Micro Hydro Electric Energy System.
- (e) Public utilities, major.
- (f) Sewage disposal area or water plant.
- (g) Water crossing or diversion
- (h) Wind powered electric generator.

(e) Development Standards

General
- All standards established in Chapters 5 and 7 of this Land Use Code shall apply within the CD-PUD unless modified as provided in subsection (3) below.
Entire Parcel
- An application for a CD-PUD Rezoning and Development Plan must include within the application the entirety of the un-subdivided 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). Adjacent parcels held 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. Adjacent parcels acquired either subsequent to the 5^th of July, 2006 or subsequent to establishment of a CD-PUD Plan may be added to an approved CD-PUD, subject to applicable approvals, which may include but not be limited to: Lot Line Adjustment, Merger, Rezoning and Growth Management Exemption pursuant to Section 6-30-100(a)(9).
Height and Setbacks
- Maximum heights of principal and accessory structures and setbacks of all structures may be modified through the CD-PUD approval process.
Siting
- All development will be sited after a site specific analysis of the resources, scenic qualities, and constraints of the parcel in consideration and application of the policies and siting criteria contained in this Land Use Code. At a minimum, the CD-PUD Development Plan shall establish Activity Envelopes on the parcel. Concurrent with or following approval of the CD-PUD Development Plan, approval of a Site Plan(s) conforming to this Land Use Code shall be required for all development within the approved Activity Envelopes.

(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:

The Preservation Areas are preserved in perpetuity.
The Property is limited to those allowed and special review uses specified in the CD-PUD Plan, as may be amended from time to time.
The Property is restricted in perpetuity against any future division, subdivision (including de facto subdivision), partition of the Property into more than one parcel of land, whether by physical or legal process, or encumbering less than the entirety of the Property by deed of trust, and any attempt to do so may be set aside by a court of competent jurisdiction. At all times, the Property shall be owned and conveyed as a single parcel. Notwithstanding the foregoing, multiple parties may hold and own undivided interests in the Property as co-tenants or joint tenants.
In the case of CD-PUD utilizing Commercial Agricultural Development Option 2 or Residential/Agricultural Development Option 3, the conservation easement shall include provisions guaranteeing continued commercial agricultural practice and operations.
Land that has been previously encumbered by a conservation easement is eligible for consideration in an application for a CD-PUD rezoning and Development Plan.

(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

Maximum Residential Density
- (a) There shall be no more than two (2) principal single-family dwelling units and two (2) caretaker dwelling units on the parcel within the CD-PUD; except if the parcel contains six hundred (600) acres of land or more, there shall be no more than three (3) principal single family dwelling units and two (2) caretaker dwelling units. An existing dwelling unit(s) may remain, but shall count towards the maximum residential density, either as one of the principal single family dwelling units or one of the caretaker dwelling units, and shall also count towards the maximum floor area.
Maximum Floor Area
- (a) The total combined maximum floor area of all principal single-family dwelling units within the CD-PUD designation area shall be limited to fifteen thousand (15,000) square feet.
- (b) Certain Caucus area floor area limitations specified below shall apply as the maximum, with no individual, or combination of two or three principal single family dwelling units exceeding the Caucus area limitation.
- (c) Within the Frying Pan Caucus area, the final maximum floor area for principal single family dwelling units shall be limited to eight thousand (8,000) square feet, with no more than four thousand (4,000) square feet contained within one principal single family dwelling.
- (d) Within the Snowmass/Capitol Creek and Upper Snowmass Creek Caucus areas, the final maximum floor area for principal single-family dwelling units shall be limited to eight thousand two hundred fifty (8,250) square feet.
- (e) 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 of floor area for each caretaker dwelling unit is allowed in addition to the final maximum floor area for principal single family dwelling units. All agricultural floor area, including barns, shall be considered to be “accessory” and shall count towards the limitation of two thousand, five hundred (2,500) square feet of accessory floor area in Development Option 1. Floor area for accessory structures and the caretaker dwelling unit(s) may not be combined.
Growth Management Quota System (GMQS)
- Approval of a CD-PUD Development Plan 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 single family dwelling units. Where codified Caucus limitations to final maximum floor area have been specified above, the Caucus area limitation shall apply as the maximum growth management exemption for principal single-family dwelling unit floor area, with no individual, or combination of two principal single-family dwelling units exceeding the Caucus area limitation. On parcels containing less than six hundred (600) acres, floor area may be divided between two (2) single family dwelling units or used exclusively for one (1) single family dwelling unit. On parcels containing six hundred (600) acres or more, floor area may be divided between up to three (3) single family dwelling units or used exclusively for one (1) single family dwelling unit.
  - (b) Two thousand five hundred (2,500) square feet of floor area for accessory structures, including agricultural buildings. This allowance may not be combined with the exemption in subsection (a) above to create larger principal structures.
  - (c) One thousand (1,000) square feet of floor area for each caretaker dwelling unit. If there is one (1) single-family dwelling unit, only one caretaker unit is exempt from GMQS; if there are two (2) single family dwelling units, 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 single-family dwelling units. No more than two (2) caretaker units shall be exempt from GMQS.
Transferable Development Rights (TDRs)
- (a) TDRs from sending sites outside of the CD-PUD may not be used in the CD-PUD under Development Option 1. However, TDRs from within the CD-PUD may be used to increase the final maximum floor area of the principal single-family dwelling unit(s) from eight thousand two hundred fifty (8,250) square feet up to a total of fifteen thousand (15,000) square feet of gross floor area exempt from GMQS. 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, TDR’s shall not be used to exceed the final maximum floor area of eight thousand (8,000) square feet.
- (c) TDRs may be severed and sold from lands located within the CD-PUD under Development Option 1. TDRs available for sale shall be calculated at one (1) TDR for each thirty five (35) acres included in the CD-PUD, but excluding the first one hundred sixty (160) acres that are developed pursuant to the standards for Option 1.
- (d) If the applicant chooses to limit the permitted principal single family dwelling unit(s) to less than the eight thousand two hundred fifty (8,250) square feet that is exempt from GMQS or to less than the eight thousand (8,000) square feet that is exempt from GMQS in the Frying Pan, then one TDR per each two thousand five hundred (2,500) square foot reduction in the total floor area of the principal single-family dwelling units may be severed and sold. For example, if the total floor area of the principal single-family dwelling units is limited to five thousand seven hundred fifty (5,750) square feet, the CD-PUD would have one (1) 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) TDR’s to sever and sell.
Vested Rights
- Approval of a CD-PUD under Development Option 1 shall be granted vested property rights pursuant to Sec. 2-20-170 for a period of twenty (20) years.
Agricultural Property Tax Classification – 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.

(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

(a) Additional Uses Available
- In addition to those uses by special review listed in Sec. 3-70-40(d)(2), if Development Option 2 is chosen, the applicant may request that the Board of County Commissioners approve any permitted or special review use listed in Table 4-1 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 special review 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 not diminish the agricultural and/or conservation resource value of the parcel; and (iv) is consistent with the stated intent of the CD-PUD zone district; and (v) will occur at times and in frequencies that will not impose significant adverse impacts on nearby residents.
(c) Annual Review
- The BOCC may require the Applicant to submit a statement annually to the Community Development Director attesting to the continued conformance of the special review use(s) to the conditions of approval.

(2) Maximum Residential Density

(a) There shall be no more than two (2) principal single-family dwelling units and two (2) caretaker dwelling units on the parcel within the CD-PUD; except if the parcel contains six hundred (600) acres of land or more, there shall be no more than three (3) principal single family dwelling units and two (2) caretaker dwelling units. An existing dwelling unit(s) may remain, but shall count towards the maximum residential density, either as one of the principal single family dwelling units or one of the caretaker dwelling units, and shall also count towards the maximum floor area.

(3) Maximum Floor Area

(a) 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. On parcels eligible for up to three (3) principal single family dwelling units, the combined final maximum floor area for said units shall not exceed eleven thousand, five hundred (11,500) square feet; and no individual unit shall contain more than five thousand seven hundred fifty (5,750) square feet of floor area. Certain Caucus area floor area limitations specified below shall apply as the maximum, with no individual, or combination of two or three principal single family dwelling units exceeding the Caucus area limitation.
(b) Within the Frying Pan Caucus, the final maximum floor area for principal single-family dwelling units shall be limited to eight thousand (8,000) square feet with no more than four thousand (4,000) square feet contained within one principal single family dwelling unit.
(c) Within the Snowmass/Capitol Creek and upper Snowmass Creek Caucus areas, the final maximum floor area for principal single-family dwelling units shall be limited to eight thousand two hundred fifty (8,250) square feet, with no more than five thousand seven hundred fifty (5,750) square feet contained within one principal single family dwelling unit.
(d) In addition to the final maximum floor area for the principal single family dwelling unit(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 is approved, and if the Caretaker Dwelling Unit is deed-restricted as stated in the affordable 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 single family dwelling units.
(e) Agricultural building floor area shall be unlimited in Development Option 2 and shall be in addition to the final maximum floor area for the principal single family dwelling units.
(f) The following floor area is allowed for approved special review uses:

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:

(a) Five thousand seven hundred fifty (5,750) square feet of floor area for each of the two (2) principal single-family dwellings. Eleven thousand, five hundred (11,500) square feet of floor area divided between up to three principal single family dwelling units on parcels containing six hundred (600) acres of land, or more. 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 have been specified above, the Caucus area limitation shall apply as the maximum growth management exemption for principal single-family dwelling unit floor area, with no individual, or combination of two principal single-family dwelling units exceeding the Caucus area limitation.
(b) Within the Frying Pan Caucus, eight thousand (8,000) square feet of residential floor area shall be the maximum GMQS exemption for principal single-family dwelling units. No more than four thousand (4,000) square feet shall be contained within one principal single-family dwelling unit.
(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. No more than two caretaker units shall be exempt from GMQS.
(d) All agricultural building floor area.
(e) Floor area for approved special review uses shall be exempt from GMQS up to the maximums allowed in Sec. 3-70-40(i)(3)(e).

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)

(a) TDRs may be severed and sold from lands located within the CD-PUD under Development Option 2. TDRs available for sale shall be calculated at one (1) TDR for each thirty (35) acres included in the CD-PUD, 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 floor area of the permitted principal single-family dwelling unit(s) to less than the five thousand seven hundred fifty (5,750) square feet that is exempt from GMQS, then one (1) TDR per each two thousand five hundred (2,500) square feet reduction in the total floor area of the principal single-family dwelling unit(s) may be severed and sold. For example, if the total floor area of one of the principal single-family dwelling units is limited to three thousand two hundred fifty (3,250) square feet, the CD-PUD property would have one (1) TDR 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 single-family dwelling unit and the second principal single family dwelling unit was never built, the property would have two (2) TDRs to sever and sell.

(6) Vested Rights

Approval of a CD-PUD under Development Option 2 shall be granted vested property rights pursuant to Sec. 2-20-170 for a period of twenty (20) years.

(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

The BOCC shall review applications for Special Review uses listed in Sec. 3-70-40(d)(3), pursuant to the standards in Sec. 2-30-30(h)(1) and (2). 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.
- (a) Additional Criteria for Approval of Special Review Uses
  - Applications for special review 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 not diminish the agricultural and/or conservation resource value of the parcel; and (iv) is consistent with the stated intent of the CD-PUD zone district; and (v) will occur at times and in frequencies that will not impose significant adverse impacts on nearby residents.
- (b) Annual Review
  - The BOCC may require the Applicant to submit a statement annually to the Community Development Director attesting to the continued conformance of the special review use(s) to the conditions of approval.

(2) Maximum Residential Density

There shall be no more than two (2) principal single-family dwelling units and two (2) caretaker dwelling units on the parcel within the CD-PUD; except if the parcel contains six hundred (600) acres of land or more, there shall be no more than three (3) principal single family dwelling units and two (2) caretaker dwelling units. An existing dwelling unit(s) may remain, but shall count towards the maximum residential density, either as one of the principal single family dwelling units or one of the caretaker dwelling units, and shall also count towards the maximum floor area.

(3) Maximum Floor Area

(a) The total combined maximum floor area of all principal single-family dwelling units within the CD-PUD designation area shall be limited to eleven thousand five hundred (11,500) square feet. Caucus area floor area limitations specified below shall apply as the maximum, with no individual, or combination of two or three principal single family dwelling units exceeding the Caucus area limitation.
- Notwithstanding the foregoing provisions of this section (j), when development rights from an adjacent parcel are approved for aggregation pursuant to Sec. 6-30-100(a)(9), density and floor area allowances may be combined into one (1) principal single-family dwelling with up to thirteen thousand two hundred fifty (13,250) square feet of floor area. In cases of such aggregation pursuant to Sec. 6-30-100(a)(9), where the applicant desires two (2) principal single-family dwellings, no individual unit shall contain more than eleven thousand five hundred (11,500) square feet of floor area.
(b) Within the Frying Pan Caucus area, the final maximum floor area for principal single-family dwelling units shall be limited to eight thousand (8,000) square feet with no more than four thousand (4,000) square feet contained within one principal single family dwelling unit.
(c) Within the Snowmass/Capitol Creek and Upper Snowmass Creek Caucus area, the final maximum floor area for principal single-family dwelling units shall be limited to eight thousand two hundred fifty (8,250) square feet, with no more than five thousand seven hundred fifty (5,750) square feet contained within one principal single family dwelling unit.
(d) In addition to the final maximum floor area for the principal single family dwelling units, 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 is approved, and if the Caretaker Dwelling Unit is deed-restricted as stated in the affordable 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 both the principal single family dwelling units and the caretaker dwelling units.
(e) Agricultural building floor area shall be unlimited in Development Option 3 and shall be in addition to the final maximum floor area for the principal single family dwelling units and caretaker dwelling units.
(f) The following floor area is allowed for approved special review uses:

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:

(a) Eleven thousand five hundred (11,500) square feet of floor area for the principal single family dwelling units. Where codified Caucus limitations to final maximum floor area have been specified above, the Caucus area limitation shall apply as the maximum growth management exemption for principal single-family dwelling unit floor area, with no individual, or combination of two principal single-family dwelling units exceeding the Caucus area limitation.
- Notwithstanding the foregoing provisions of this section (4)(a), when development rights from an adjacent parcel are approved for aggregation pursuant to Section 6-30-100(a)(9), thirteen thousand two hundred fifty (13,250) square feet of floor area may be developed in one (1) principal single-family dwelling. In cases of such aggregation pursuant to Section 6-30-100(a)(9) where the applicant desires two (2) principal single-family dwellings, no individual unit shall contain more than eleven thousand five hundred (11,500) square feet of floor area.
(b) 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. No more than two caretaker units shall be exempt from GMQS.
(c) All agricultural building floor area.
(d) Floor area for approved special review uses shall be exempt from GMQS up to the maximums allowed in Sec. 3-70-40(i)(3)(e).

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)

(a) TDRs may be severed and sold from lands located within the CD-PUD under Development Option 3. TDRs available for sale shall be calculated at one (1) TDR for each thirty (35) acres included in the CD-PUD, but excluding the first one hundred sixty (160) acres that are developed pursuant to the standards for Option 3.
(b) In addition, if the applicant chooses to limit the total gross floor area of the permitted principal single-family dwelling unit(s) to less than the eleven thousand two hundred fifty (11,250) square feet that is exempt from GMQS, then one (1) TDR per each two thousand five hundred (2,500) square feet reduction in the total floor area of the principal single-family dwelling unit(s) may be severed and sold.

(6) Vested Rights

Approval of a CD-PUD under Development Option 3 shall be granted vested property rights pursuant to Sec. 2-20-170 for a period of twenty (20) years.

(7) 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.

(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)

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3-70-40 CD-PUD (Conservation Development PUD)

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