Details and Drafts of Boulder County Expanded TDR Including Structure Size Threshold

2nd draft for April 8, 2008

4-1300 – Expanded TDR Program and Structure Size Thresholds for Single Family Uses
Introduction and Purposes
1. This Section 4-1300 establishes structure size thresholds for single family residences, above which additional Development Credits must be obtained to offset the impacts of larger scale homes, and below which Development or Credits can be sold to preserve a supply of smaller scale homes. These regulations also provide for the transfer of Development Credits to maintain rural character through the preservation of vacant land.
2. These regulations are adopted to implement the goals and policies in the Sustainability Element of the Boulder County Comprehensive Plan. Those goals and policies include:
a. Preserving the rural character of unincorporated Boulder County, especially those areas with particular historic or contextual character;
b. Promoting more sustainable development through incentives, education and regulation;
c. Allowing for the impacts of larger scale home development to be offset through the preservation of vacant land and smaller scale residential development elsewhere in the County;
d. Providing flexibility for property owners to build and keep smaller scale homes which will help provide a diversity of housing stock in unincorporated Boulder County; and
e. Promoting and preserving vacant land by creating incentives for property owners to leave land undeveloped.

4-1301 – Division of the County into Geographic Areas
For purposes of this article 4-1300, unincorporated Boulder County is divided into the following two geographic areas:
1. Mountain Area – The Mountain Area includes the mountainous areas of the County as defined in the Land Use Code Section 18-178A (the area west of CO 93 from its intersection with the south county line to the City of Boulder, west of the City of Boulder city limits, west of US 36 from the City of Boulder to CO 66, and west of the St. Vrain Supply Canal from CO 66 to its intersection with the north county line),
2. Plains Area – The Plains Area includes all areas of the County that are not included in the Mountain Area.
a.

4-1302 – Single Family Size Threshold
A. The Size Threshold is the measure of single family residential floor area that is allowed on a legal building lot without having to purchase Development Credits, as further provided below. Building lots with residential floor area at a specified level less than the Size Threshold may sell Development Credits, as further provided below.
1. Size Threshold to be applied county-wide
·

a. Total residential floor area equal to X,XXX square feet, excluding the following floor area:
i. subterranean basements as defined in Article 18,
ii. up to 500 square feet of attached or detached garage floor area,
iii. up to 500 square feet of detached unconditioned storage floor area, such as a storage shed, and
iv. up to 500 square feet of covered porches or decks.
b. This total floor area includes all other residential accessory structures including but not limited to studios and home offices.
·
B. Structures exempt from the Size Threshold are manufactured homes located in a zoned Manufactured Home Park; nonresidential structures including agricultural accessory structures such as barns and loafing sheds; and Agricultural, Family Care and Historic Accessory Dwelling Units that are approved though a special review process.

1.
a.
1.


4-1303 –Conveyance and Severance of Development Credits
A. Development Credits may be conveyed either in a private market transaction or through the County Clearinghouse (see Section 4-1305, below).
1. For Development Credits conveyed through private market transactions, the parties must obtain Development Credit Certificates from the County Clearinghouse in advance of conveyance.
a. Adequate documentation of private transactions, such as purchase agreements or bills of sale, must be submitted to the County Clearinghouse within five business days after the closing of the transaction, for registration purposes.
b. The County Clearinghouse may request information as necessary to provide adequate evidence of the private transaction.
2. Boulder County may sell or donate Development Credits to the County Clearinghouse from properties purchased by the Boulder County Parks and Open Space Department under the rules and policies governing the operation of the Clearinghouse, contained in Section 4-1306, below, and the purchase of properties by the Parks and Open Space Department.
B. Conveyance of Development Credits from Vacant Building Lots
1. Development Credits may be conveyed from vacant building lots, and any future development potential removed from the subject parcel, based on the following :
a. In the Plains Area
i. The parcel must be a building lot.
ii. The building lot must have legal access.
iii. The property owner may offer to grant a conservation easement, or other preservation instrument, on the property to either the County or another land preservation entity approved by the County, keeping the property vacant in perpetuity. If such offer is accepted, the property owner retains fee title to the lot and will receive ten Development Credits, which may then be held by the property owner or sold to either the County Clearinghouse or on the private market.
iv. The property owner may offer to sell the lot in fee to either the County or another land preservation entity approved by the County. If such offer is accepted, the property owner will receive twelve Development Credits, which may then be held by the property owner or sold to either the County Clearinghouse or on the private market.
b. In the Mountain Area
i. The parcel must be a building lot.
ii. The building lot must have legal access.
iii. The property owner may offer to grant a conservation easement, or other preservation instrument, on the property to either the County or another land preservation entity approved by the County, keeping the property vacant in perpetuity. If such offer is accepted, the property owner retains fee title to the lot and will receive five Development Credits which may then be held by the property owner or sold to either the County Clearinghouse or on the private market.
iv. The property owner may offer to sell the lot in fee to either the County or another land preservation entity approved by the County. If such offer is accepted, the property owner will receive seven Development Credits, which may then be held by the property owner or sold to either the County Clearinghouse or on the private market.
(a) c.
C. Severance of Development Credits from Vacant or Developed Building Lots where development is to be restrictred
1. Development Credits may be severed from either vacant or developed building lots, and any future development restricted on the subject lot, based on the following:
a. The parcel must be a building lot.
b. The building lot must have legal access.
c. For Developed Building Lots, only detached single family residential floor area is eligible for these size restriction.
d. The property owner must restrict their property to the size, measured in square feet of residential floor area as calculated in Section 4-1302.A.1a., above, noted below and receive the designated Development Credits specified below:
i. Development restricted to 2,000 square feet of residential floor area and may receive two Development Credits.
ii. Development restricted to 1,500 square feet of residential floor area and may receive three Development Credits.
iii. Development restricted to 1,000 square feet of residential floor area and may receive four Development Credits.
2. The owners of eligible lots shall receive the authorized number of Development Credits upon the granting of a restrictive covenant or other county approved preservation instrument to assure that the restriction imposed on the size of future development will run with the property in perpetuity.
3. A developed lot, whose owner restricts the size of development on that property under this Section, may redevelop to the maximum size included in that deed restriction.

i.
D. Additional Development Credits may be awarded for either vacant or developed building lots from which Development Credits are conveyed, as a bonus for significant conservation values found to exist on such lots, subject to the provisions of this subsection. Vacant property purchased by the Boulder County Parks and Open Space is not eligible for Bonus Development Credits.
i. Bonus Development Credits may be awarded to a particular lot based on a site-specific assessment of the parcel by the County Parks and Open Space Department.
(a) The availability of Bonus Development Credits will be based on the number and extent of significant conservation values which the Parks and Open Space Department in its sole discretion finds associated with the specific building lot.
(b) Such review will be undertaken upon request of the building lot owner.
(c) The award of Bonus Development Credits is limited to a maximum of five Development Credits per building lot.
ii. Significant conservation values based on which the County Parks and Open Space Department may award Bonus Development Credits include:
(b) Preservation of Resources – The lot(s) contains natural, cultural or ecological resources as outlined in the Boulder County Comprehensive Plan that will be preserved thorough a restriction on development on the lot, such as critical ecosystems (riparian habitat, natural areas or landmarks, scenic vistas or view corridors, wildlife habitat and migration corridors) historic or archaeological areas, or cultural resources.
(c) Urban Shaping – The lot(s) helps to create significant buffer zones between communities or between residential and nonresidential uses, including but not limited to rural preservation areas specified in County intergovernmental comprehensive planning agreements with municipalities.
(d) Other Open Space Benefits – The lot(s) offers linkages to trails or other open space properties, provides access to public lakes, streams or other usable open space properties, eliminates private property enclaves, or expands current pubic land holdings.
(e) Agricultural Water Rights – The lot(s) have agricultural water for irrigation tied to the land to be preserved in accordance with Parks and Open Space policy.
E. Limitations on the Use of Development Credits on Preserved Lots
1. Once a property owner has severed the Development Credits from a vacant lot under Section 4-1303.B, above, Development Credits may not be repurchased to allow development on that lot.
2. Once a property owner has severed Development Credits from a lot where development has been restricted under Section 4-1303.C.., above, the preservation instrument restricting development on that lot may be amended to allow the purchase and use of Development Credits to increase the floor area allowed on that lot up to a maximum of 2,000 square feet.
a. Prior to the issuance of a building permit for the allowed increase in floor area, the owner must execute and record an amended preservation instrument approved by the Clearinghouse to memorialize the new restricted floor area.

b. The property owner shall submit the required Development Credit Certificates along with building permit application for construction of the additional square footage.

4-1304 – Acquisition and Use of Development Credits for Construction of Residential Floor Area
A. Requirement for acquisition of Development Credits – For residential floor area approved through the Site Plan Review process or other applicable County review process, which exceeds the Size Threshold in Section 4-1302, above, Development Rights or Credits must be acquired prior to the issuance of a building permit for the approved development.
B. Development Credits must be obtained for development of floor area greater than the Size Thresholds according to the following table.

.
Number of square feet
Number of Credits
Total Additional Square Footage
Total Credits for Additional Square Footage
1st 500
1
500
1
2nd 500
1
1000
2
3rd 500
2
1500
4
4th 500
2
2000
6
5th 500
3
2500
9
Each additional 500
3





C. Process for the acquisition of Development Credits
1. In the case of either a private transaction or purchase from the Clearinghouse, the Clearinghouse shall issue the appropriate Development Credit certificates. Certificates may be acquired in a private transaction at any time, and applicants purchasing Credits prior to a site plan review approval do so at their own risk. Certificates may not be acquired from the Clearinghouse for development exceeding the applicable size threshold until the development has received final County Site Plan Review approval.
2. Any building permit application for a single family residential structure greater than the applicable Size Threshold shall not be considered complete without the submission of the necessary Development Credit certificates and completion of any required land use process.
C. Relationship between Size Thresholds Existing Single Family Residential Structures
1. Existing single family residential structures are not subject to the Size Thresholds; however, any addition of residential floor area to an existing structure which increases the total residential floor area to a size greater than the specified size threshold, will be subject to a requirement to purchase Development Credits to offset the portion of that additional residential floor area above the threshold.
2. The number of Development Credits required will be based on the additional square footage of the addition.

4-1305 – Boulder County Development Credits Clearinghouse
A. Short Title
1. The Boulder County Development Credits Clearinghouse (also referred to as the “Clearinghouse”) shall be established to assist in the administration of this Article 4-1300.
B. Duties and Responsibilities
1. Purchase and Sale of Development Credits – The Clearinghouse will have the ability to purchase Development Credits from willing sellers, and to sell Credits to willing buyers needing additional floor area for their single family residential development.
2. Registration of the Development Credits – The Clearinghouse will maintain a registration of the Development Credits available for purchase either through private market transactions or through the Clearinghouse, and of Development Credits that have been purchased and sold.
3. Issuance of Development Credit Certificates – The Clearinghouse shall be responsible for the issuance of Development Credit Certificates to be used in both private and Clearinghouse transactions to convey or acquire Development Credits.
4. Recordation – The Clearinghouse shall oversee the recordation of the necessary approved documents to assure that development size limitations and vacant land preservation encumbrances on specific lots associated with the transfer of Development Credits are maintained as required in this Article 4-1300.

4-1306 – Application of These Regulations
A. The following development shall be exempt from compliance with the Size Thresholds outlined in Section 4-1302:
1. The specific development recognized in any land use approval granted prior to the effective date of these regulations, which is within the statutory vesting period granted under Section 3-207 of the Land Use Code (codifying Part 1 of Article 68, Title 24, C.R.S.). The applicable statutory vesting period is specified in the Commissioners’ resolution approving the subject development. Once the statutory vesting period expires, the development becomes subject to these regulations.
2. The specific development for which a complete application for a County building permit has been submitted prior to the effective date of these regulations. If any building permit issued under this subsection expires or is not lawfully pursued, the development becomes subject to these regulations.
3. The specific development approved as a site plan review under Article 4-800 of this Code (whether approved solely as a site plan review request, or as a site plan review request combined with another form of land use review), pursuant to a complete application submitted on or before September 7, 2007. This exemption lasts for the three-year period specified in Section 4-810.A., after which the site plan review approval expires and the development becomes subject to these regulations.
·
4. The specific development recognized in a Commissioners’ authorization for a firm, numerical house size to be built, under the following circumstances:

a. The house size is stated in a land use approval granted pursuant to a complete application submitted on or before September 7, 2007, for which a recorded conservation easement was required or agreed to as part of the approval. This exemption does not apply, however, where the conservation easement was anticipated or required under the general land use regulations governing the development, such as PUD, NUPUD, and TDR sending site regulations. This exemption also does not apply where the house size allowance in the subject approval is stated presumptively (as opposed to authorizing a definite size), or where the size allowance applies to multiple structures (making it difficult to determine the particular size authorized for the residence itself).
b. The house size is stated in a land use approval granted pursuant to a complete application submitted on or before September 7, 2007, for which no conservation easement was required or agreed to as part of the approval. This exemption also does not apply, however, where the house size allowance in the subject approval is stated presumptively (as opposed to authorizing a definite size), or where the size allowance applies to multiple structures (making it difficult to determine the particular size authorized for the residence itself). In addition, this exemption lasts only for three years following the date of adoption of the Commissioners’ resolution governing the subject land use approval.
5. The restoration of a structure under Section 4-802.B.3, where a structure has been damaged or destroyed by causes outside the control of the property owner or agent.
B. For purposes of interpreting the exemptions contained in Section A, above, the following additional provisions shall govern:
1. The effective date of these regulations shall be the effective date stated in the Commissioners’ resolution approving the regulations.
2. Approvals granted prior to the effective date of these regulations shall be approvals that have a final Commissioners’ vote of approval before the regulations’ effective date.
3. A requirement for a complete application to be filed, means a complete application as determined by the Director with reference to this Code’s or the Building Code’s submittal requirements for the application in question.
4. The reference to an exemption applying to the “specific development” in a submitted or approved application means the exact development in the submitted or approved application, with only minor modifications being allowed in the discretion of the Land Use Director.
C. The Land Use Director is empowered to make interpretations regarding the application of the exemptions stated in Section A., above, to specific development. In making interpretations, the Land Use Director shall consider the purposes of the regulations in this section, as well as the principles of interpretation and rules of construction contained in Article 1 of this Code. Any aggrieved party may appeal the Director’s final interpretation under this Section to the Board of County Commissioners, provided that any such appeal shall be in writing, and shall be filed with the Land Use Director no later than 30 days following the date of the Director’s final interpretation.

4-1307 – Review and Amendment of These Regulations
A. The Board of County Commissioners will undertake a review of this Article 4-1300, including the Size Thresholds and the operation of the Clearinghouse, six months after the effective date of these regulations.
B. After that initial review, the Board may establish a regular time interval for continued review of this program.

Site Plan Review Amendments
4-806 Site Plan Review Standards
All site plan review applications shall be reviewed in accordance with the following standards which the Director has determined to be applicable based on the nature and extent of the proposed development. When two or more of the standards listed below conflict, the Director shall evaluate the applicability and importance of each of the conflicting standards under the facts of the specific application and make a reasonable attempt to balance the conflicting standards in reaching a site plan decision.
1. To provide a greater measure of certainty as to the size of single family residential development which is compatible with the general character of the applicable neighborhood or surrounding area, the following presumptions definition of neighborhood or surrounding area shall be used to review proposed Site Plan Review applications:
a. For applications outside of platted subdivisions with seven or more developed lots or the townsites of the Allenspark, Eldora, Eldorado Springs, Gold Hill, Greater Allenspark, Hygiene, Raymond and Riverside Special Character Areas, the applicable defined neighborhood or surrounding area is the area within 1500 feet from the applicable parcel. The neighborhood or surrounding area shall not include any parcels inside municipal boundaries, platted subdivisions with seven or more developed lots or the townsites of Allenspark, Eldora, Eldorado Springs, Gold Hill, Raymond and Riverside.
b. For applications within inside the Allenspark, Eldora, Eldorado Springs, Gold Hill, Greater Allenspark, Hygiene, Raymond and Riverside Special Character Areas, the applicable neighborhood or surrounding area is defined as the mapped townsite. area defined as that applicable Special Character Area.
c. For applications inside platted subdivisions which have seven or more developed lots, the neighborhood or surrounding area is that platted subdivision.
2. The size of the proposed development must be compatible with the topography, vegetation, and general character of the applicable defined neighborhood or surrounding area. The height, size, location on the parcel, exterior materials, color, and lighting of proposed structures shall be compatible with the topography, vegetation, and general character of the applicable defined neighborhood or surrounding area.
a. In determining size compatibility of residential structures with the defined neighborhood, it is presumed that structures of a size within 125% of the median above grade floor area for that defined neighborhood or area are compatible with that neighborhood.
i. The Boulder County Assessor’s Records will be the source of data to determine the median above grade size within that defined neighborhood or area.
ii. Median above grade floor area will exclude subterranean basement floor area, as defined in Section 18-162.B.1.
b. Development compatible with the general character of that applicable neighborhood or area is development that is of a size within 125% of the median single family residential floor area for parcels in the defined neighborhood or area.
b. Either the applicant or the Director may demonstrate that these this presumptions does not adequately address the neighborhood size compatibility of the proposed development with the defined neighborhood.
i. Factors to be considered when determining the adequacy of these this presumptions in addressing neighborhood compatibility include:
(a) The Visibility of the proposed structure(s) from other private parcels within the defined neighborhood or areas, as well as public roads and open space both within and outside that defined neighborhood or area.
(i) To overcome this size presumption, the structure must be minimally visible other private parcels within the defined neighborhood or areas, as well as public roads and open space both within and outside that defined neighborhood or area.
(ii) Mitigation factors to be considered in determining the visibility of the proposed development include the use of topography to screen the proposed development and distance of the proposed development from other private parcels, pubic roads and open spaces;
(b) transportation routes or topographic features on or around the parcel that delineate a coherent area provide separation between the subject parcel and other parcels in the defined neighborhood;
(b) the distribution of home sizes within the defined neighborhood, taking into consideration the home sizes most closely adjacent to the subject property; and
(c) common development patterns within the defined neighborhood, including considering such features as the bulk and mass of residential structures size, structure height and location on the parcel, and lot size and lot coverage.; and
(d) boundaries of platted subdivisions or other established communities.
b. In addition to the presumed size of the proposed development, other factors to be used in determining compatibility with the defined neighborhood include the following:
i. the height, size, bulk and massing of the proposed structure;
ii. setbacks and location of development on the parcel;
iii. exterior materials, color, and exterior lighting of proposed structures shall be compatible with the topography, vegetation, and general character of the applicable defined neighborhood or surrounding area.
3. The location of existing or proposed buildings, structures, equipment, grading, or uses shall not impose an undue burden on public services and infrastructure.
4. Plans for the proposed development have satisfactorily mitigated any geologic hazards, such as expansive soils, subsiding soils, questionable soils where the safe-sustaining power of the soils is in doubt, or contaminated soils, landslides, unstable slopes, rockfalls, and avalanche corridors, as identified in the Comprehensive Plan, or through the site plan review process.
5. The site plan shall satisfactorily mitigate the risk of wildfire both to the subject property and those posed to neighboring properties in the surrounding area by the proposed development. In assessing the applicable wildfire risk and appropriate mitigation measures, the Director shall consider the referral comments of the County Wildfire Mitigation Coordinator and the applicable fire district, and may also consult accepted national standards as amended, such as the 2003 Urban-Wildland Interface Code; NFPA / 80A, 299, 1231; 2003 International Fire Code; and the 2003 International Building Code.
6. The proposed development shall not alter historic drainage patterns and/or flow rates or shall include acceptable mitigation measures to compensate for anticipated drainage impacts.
7. The development shall avoid significant natural ecosystems or environmental features, including but not necessarily limited to riparian corridors and wetland areas, plant communities, and wildlife habitat and migration corridors, as identified in the Comprehensive Plan or through the site plan review process. Development within or affecting such areas may be approved, subject to acceptable mitigation measures and in the discretion of the Director, only if no other sites on the subject property can be reasonably developed, or only if reasonably necessary to avoid significant adverse impacts based upon other applicable site plan review criteria.
8. The development shall avoid flash flood corridors, alluvial fans, floodplains, and unique geologic, geomorphic, paleontological, or pedologic features, as identified in the Comprehensive Plan or through the site plan review process. Development within or affecting such hazards may be approved, subject to acceptable mitigation measures and in the discretion of the Director, only if no other sites on the subject property can be reasonably developed, or only if reasonable necessary to avoid significant adverse impacts based upon other applicable site plan review criteria.
9. The development shall avoid agricultural lands of local, state or national significance as identified in the Comprehensive Plan or through the site plan review process. Development within or affecting such lands may be approved, subject to acceptable mitigation measures and in the discretion of the Director, only if no other sites on the subject property can be reasonably developed, or only if reasonably necessary to avoid significant adverse impacts based upon other applicable site plan review criteria.
10. The development shall avoid significant historic or archaeological resources as identified in the Comprehensive Plan or the Historic Sites Survey of Boulder County, or through the site plan review process. Development within or affecting such resources may be approved, subject to acceptable mitigation measures and in the discretion of the Director, only if no other sites on the subject property can be reasonably developed, or only if reasonably necessary to avoid significant adverse impacts based upon other applicable site plan review criteria.
11. The development shall not have a significant negative visual impact on the natural features or neighborhood character of surrounding area. Development shall avoid prominent, steeply sloped, or visually exposed portions of the property. Particular consideration shall be given to protecting views from public lands and rights-of-way, although impacts on views of or from private properties shall also be considered. Development within or affecting features or areas of visual significance may be approved, subject to acceptable mitigation measures and in the discretion of the Director, only if no other sites on the subject property can be reasonably developed, or only if reasonably necessary to avoid significant adverse impacts based upon other applicable site plan review criteria.
a. Development located within the Peak-to-Peak Scenic Corridor Area shall not have a significant negative visual impact on the scenic character of the scenic corridor. In reviewing development proposals in this Scenic Corridor Area, special attention will be paid to minimizing the view of the development from the Peak-to-Peak Highway. Mitigation of visual impact may include changing structure location, reducing or relocating windows and glazing to minimize visibility, reducing structure height, changing structure orientation, requiring exterior color and materials that blend into the natural environment, and/or lighting requirements to reduce visibility at night.
12. The development location of the development shall be compatible with the natural topography and natural vegetation and the development shall not cause unnecessary or excessive site disturbance. Such disturbance may include but is not limited to long driveways, over-sized parking areas, or severe alteration of a site's topography. Driveways or grading shall have a demonstrated associated principal use.
13. Runoff, erosion, and/or sedimentation from the development shall not have a significant adverse impact on the surrounding area.
14. The development shall avoid Natural Landmarks and Natural Areas as designated in the Goals, Policies & Maps Element of the Comprehensive Plan and shown on the Zoning District Maps of Boulder County. The protection of Natural Landmarks and Natural Areas shall also be extended to their associated buffer zones. Development within or affecting such Landmarks or Areas may be approved, subject to acceptable mitigation measures and in the discretion of the Director, only if no other sites on the subject property can be reasonably developed, or only if reasonably necessary to avoid significant adverse impacts based upon other applicable site plan review criteria.
15. Where an existing principal structure is proposed to be replaced by a new principal structure, construction or subsequent enlargement of the new structure shall not cause significantly greater impact (with regard to the standards set forth in this Section 4-806) than the original structure.
16. The proposal shall be consistent with the Comprehensive Plan, any applicable intergovernmental agreement affecting land use or development, and this Code.



Peak to Peak Corridor amendments

4-119 –Peak-to-Peak Scenic Corridor Area
Purpose
1. To preserve and protect the distinctive scenic values of the Peak-to-Peak Scenic Corridor enjoyed and valued by residents of and visitors to Boulder County.
2. To establish boundaries of the Scenic Corridor Area where additional Site Plan Review Standards will reduce conflicts between new residential construction, existing development, and the natural beauty and scenic vistas along this established corridor.
General Provisions
1. The Peak-to-Peak Scenic Corridor Area shall be subject to the provisions contained in the regulations in this Section 4-119 of the Land Use Code, including a map defining the Scenic Corridor Area boundaries.
2. Residential development in the Peak-to-Peak Scenic Corridor shall be subject to the specific standards for review included in Section 4-806, Site Plan Review Standards.

4-119A – Peak-to-Peak Scenic Corridor Area

A. Boundaries of the Peak-to-Peak Scenic Corridor Area
1. For purposes of applying the Site Plan Review Standards in Section 4-806, the boundaries of the Peak-to-Peak Scenic Corridor Area are as shown on the Peak-to-Peak Scenic Corridor Area Map.
B. Building and Structure Requirements
1. Development in the Peak-to-Peak Scenic Corridor Area must preserve the unique scenic qualities of the corridor. Site Plan Review approvals in this area will be subject to specific requirements to mitigate the visual impact of the development on the vistas and views from the Peak-to-Peak roadway.
2. Specific Site Plan Review standards for review of development proposals within the Peak-to-Peak Scenic Corridor are included in Section 4-806.A.11.a.

Clearing House

As part of the Expanded Transfer of Development Rights Program, the Board of County Commissioners authorizes the establishment of a County Clearinghouse to facilitate the administration of this program. For the first year of the program, a third-party Clearinghouse Administrator will manage the Clearinghouse. (The County put out a Request for Proposal for this work, and has entered into a contract with a third-party to act as the Clearinghouse Administrator.) It is expected that in this first year of operation, the Clearinghouse Administrator may assist in identifying any necessary changes to process or procedure needed to ensure the efficient operation of the Clearinghouse. After this initial one-year period, the Board of County Commissioners may decide to continue having a third-party administrator or may determine it is appropriate to locate the Clearinghouse within an existing County department.

The functions and duties of the Clearinghouse are outlined below; these functions and duties are broken into processing functions and administrative functions.

1. Program Processing Functions and Duties of the Clearinghouse

The primary functions associated with the processing of a County TDR Clearinghouse will be the following:

For the Sale of Development Credits to the County Clearinghouse:
Accept applications for the sale of Development Credits by property owners to the Clearinghouse; applications would include documentation from the Land Use Department as to the status of the property as a legal building lot(s) and documentation from the Transportation Department as to the legal access to the property
Send a referral to Parks and Open Space for review of applicant’s request for a determination of any Bonus Development Credits associated with the parcel
Notify property owners of the number of Rights or Credits associated with a particular property based on the regulations and any bonus determination
Coordinate with County to draft, review, execute and record required conservation easements, deed restrictions or other preservation instruments in exchange for the creation of Credits
Issue certificates memorializing the sale of Credits
Process purchase and sale agreement for Credits, and payment to the property owner for the sale
Assist, on a regular or on-going basis, determine a fair market value for which the Clearinghouse will pay for Development Credits

For the purchase of Development Credits from the County Clearinghouse
· Accept application to the Clearinghouse by an interested party to purchase Development Credits, including an approved Site Plan Review including a determination letter showing approval for a residential structure of a size greater than the size threshold.

· Coordinate appropriate documentation to memorialize the sale, including the issuance of development Credit Certificates to property owner, execution of a purchase agreement between the Clearinghouse and the purchaser, and registration of the sale of certificates
· Processing payment from Property Owner for the Credits Purchased
· Assist, on a regular or on-going basis, determine a fair market value for which the Clearinghouse will sell Development Credits

For the Repurchase of Development Credits from the Clearinghouse
· Application to Clearinghouse by Property Owner to repurchase a Development Credit for a parcel where a previous sale of Development Credits has been completed
· Coordinate appropriate documentation to memorialize the sale and increase in the allowed single family residential floor area for a particular parcel, including the issuance of Development Credit Certificates to the property owner, execution of a purchase agreement between the Clearinghouse and the purchaser, and registration of the sale of certificates, and recordation of an appropriate deed restriction with the Clerk and Recorder

For the processing of private market transactions for the sale or purchase of Development Credits
· If Credits have not been previously created, accept applications for the creation of Development Credits by property owners; Applications would include documentation from the Land Use Department as to the status of the property as a legal building lot(s) and documentation from the Transportation Department as to the legal access to the property
Send a referral to Parks and Open Space for review of applicant’s request for a determination of any bonus Credits associated with the parcel
Notify property owner of the number of Credits associated with a particular property based on the regulations and any bonus determination
Coordinate with County to draft, review, execute and record required conservation easements and deed restrictions in exchange for the creation of Credits
Issue certificates memorializing the sale of Credits
· Registration of purchases and sales through private transactions


2. Administrative Functions of the Clearinghouse

The primary administrative functions of the Clearinghouse will be the following:
· Keep appropriate records, including records of private market transactions and extinguished Rights and Credits used in County-approved development projects
· Make periodic reports of the Clearinghouse’s functions to the Board of County Commissioners

Definitions
Current Definitions, with amendments, included in Article 18 of the Land Use Code

18-100 Above Grade - Amended into and replaced by Article 18-162. See Article 18-162.

18-114 Basement – Amended into and replaced by Article 18-162. See Article 18-162.

18-162 – Floor Area – The area of a building or structure, existing or new, including basements and attached garages calculated without deduction for corridors, stairways, closets, the thickness of interior walls, columns, or other features as measured from the exterior face of the exterior walls. (For Residential Structures, see also Article 18-190.)

A. Above Grade Floor Area – Any Floor Area that is not Below Grade Floor Area.

Below Grade Floor Area – Any level of a building or structure where more than one half of the vertical distance between the floor and ceiling is below finished grade for more than 50% of the total perimeter of that building or structure.
1. Subterranean Basement – For the purposes of Site Plan Review and the presumptive size thresholds associated with the Expanded Transfer of Development Rights Program, a Subterranean Basement is Below Grade Floor Area which includes any lower level of a structure where the finished surface of the floor above is no more than two feet above either the existing or finished grade, whichever is more restrictive.


18-190 – Residential Floor Area – For the purposes of Site Plan Review and the presumptive size thresholds associated with the Expanded Transfer of Development Rights Program, Residential Floor Area includes all floor area (as defined in 18-162) on a parcel including principal and accessory structures used or customarily used for residential purposes.