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Controversial parcel faces scrutiny over development rights

June 27, 2024 | Pitkin County, Colorado


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Controversial parcel faces scrutiny over development rights
In a recent meeting, the Board of County Commissioners (BOCC) discussed a request regarding a 7,405-square-foot parcel located near Redstone Boulevard and East Creek Road. The parcel, which is nonconforming in the AR 10 zone district, is seeking a Transfer of Development Rights (TDR) in exchange for its preservation. The applicant argues that the parcel is either unavailable or severely restricted for development due to various constraints.

The discussion highlighted the parcel's existing conditions, including mature vegetation, an overhead electrical line, and dilapidated fencing. Notably, the property has never been fully developed despite containing a development right. The surrounding area includes a residence built in 1901 owned by the applicant and a neighboring parcel owned by Pitkin County Open Space, which previously received two TDRs due to similar constraints.

Key points of concern raised during the meeting included the parcel's proximity to significant wildlife habitats, including bighorn sheep production areas and elk winter ranges. A wildlife habitat assessment indicated that preserving the parcel could help restore native vegetation and improve habitat conditions. Additionally, the parcel is located within a mapped rockfall hazard area, with engineering assessments suggesting that mitigation would be economically unfeasible.

The BOCC also addressed existing easements on the property, including a Holy Cross power line and a U.S. Forest Service right-of-way. The potential need to bury the power line for any future development was noted as a significant financial consideration.

The meeting concluded with the BOCC tasked to determine whether the parcel qualifies as undevelopable or severely restricted under the Land Use Code, which would support the issuance of a TDR. The outcome of this determination could have implications for future land use and conservation efforts in the area.

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