HomeMy WebLinkAboutbocc.ord.006.1998AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO, ADOPTING AMENDMENTS TO LAND USE
CODE SECTIONS 2-30, 3-100.40, 3-110.20, 3-130.40, 3-130.70, 3-210.10, 3-220.20,
3-240.30, 3-40.10, 3-110.70, 3-110.100 and 3-160.80. CLARIFING THE USE OF
MASTER PLANS IN THE COUNTY REVIEW PROCESS.
ORDINANCE NO. 98-06
Recitals
1. It is the intent of the Pitkin County Commissioners to support adopted Master
Plans as guidance and to consider those plans while reviewing individual projects.
2. Currently the Pitkin County Land Use Code requires activities to be consistent
with adopted Master Plans rather than allowing those plans to be used for
guidance in land use reviews.
3. State Law mandates that the Planning & Zoning Commission adopt Master Plans
as advisory tools for the purpose of Land Use reviews.
NOW, THEREFORE, BE IT ORDAINED by the Pitkin County Board of
County Commissioners that it hereby amends the Pitkin County Land Use Code as
follows:
Amend Section 2-30, Conformance with the Adopted Comprehensive Plan
It is the policy of the County to insure that the use and development of land within
Pitkin County and any actions committing such land to development or a change in use
should consider Pitkin County's adopted Comprehensive Plans. (Prior
code § 2-3)
Amend Section 3-40-010, Intent of Zone Districts, Allowed Uses, Special Reveiw Uses
and Dimensional Standards - General
A. Intent: The intent of each zone district is established in this section of the
Code. The intent statements should be used in conjunction with other County standards
and policies to evaluate rezoning and special review use applications.
B. Use: The zone districts set forth the uses of land that are allowed in each
district, those that require special review and those uses that are prohibited. Uses that are
not listed are prohibited. In the B-2 zone district, uses that are not listed may be allowed
following application and review through the Special Review process.
C. Dimensional Requirements: The zone districts set forth dimensional
requirements for lands within each zone district. Dimensional requirements include
standards for minimum lot size, building setbacks from property lines, building height,
floor area, open space, lot dimension, etc.
D. Maximum Density: The zone districts include minimum lot size
requirements, which determine the maximum development intensity of land in a
particular zone district. A subdivision or other development application is not
automatically entitled to the maximum density allowed in the zone district in which the
land is located. Density shall be established based upon compliance with adopted
standards and consideration of adopted plans and policies. (Prior code
§ 3-401)
Amend Section 3-100-040 Areas Around Rapid or Mass Transit Terminals
The standards in this section and the standards for Areas Around All Key
Facilities (Refer to Section 3-100.20) apply to development within areas around rapid or
mass transit terminals.
A. Conformance with Master Plan: Development areas around rapid or mass
transit terminals, stations, or guideway shall consider applicable master
plans.
B. Development Consistent with Character of Area: Development shall be
consistent with the character of the area and its suitability for particular uses.
C. Preserve Transit Rights -of -way: Manage growth to preserve transit rights -
of -way. Prohibit development which would later require the removal of buildings and
substantially increase the public investment required to acquire rights -of -way. (Prior code
§ 3-1004)
Amend Section 3-110-020 Logical Extension of Utilities
A. Applicability: The standards in this section are applicable to all major
utility extensions within areas not presently served by major utility lines.
B. Consistency with Land Use Polices, County Master Plans and Utility
Service Plans: ' The Land Use Policies in
Article 2, applicable County master plans and utility service plans, should be considered
when reviewing utility extensions.
C. No Adopted Master Plan or Utility Service Plan: In the absence of an
adopted master plan or service plan, utility extensions shall be consistent with the Land
Use Policies in Article 2 and the standards in this section.
D. Suitability of Area: The area to be served shall be suitable for the type and
amount of development necessary to support the service or is likely to result from the
extension.
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E. One Time Installation: Design and install properly sized utility lines to
serve the ultimate population of a service area and avoid future land disruption to
upgrade undersized utility lines.
F. Coordinate Utility Line Extensions: Postpone the extension of a sole
utility line until a full range of necessary services and utilities are offered rather than
increasing the size or number of areas to which some necessary services and utilities are
provided and others are not.
G. Avoid System Overloads: The volume, nature and timing or the use of an
extension shall not result in overloads on other components of the same system.
H. State and County Standards: Extensions shall meet applicable State and
Pitkin County engineering standards.
I. Colorado Public Utility Commission Approval: If applicable, the
Colorado Public Utility Commission shall approve extensions prior to installation. (Prior
code § 3-1102)
Amend Section 3-110-070 Roads
A. Applicability: The road standards in this section are applicable to all roads
and driveways. All new road and driveway construction must receive a development
permit from the County Engineer and Planning Director in compliance with Section C
below.
B. Consistency with County Plans: All roads and rights -of -way shall
is consider adopted County plans and needs for the extension of roads.
C. Design and Construction Standards: Roads and driveways shall be
designed and constructed in compliance with the Pitkin County Road Standards and
Specifications and Pitkin County Road Management Plan.
D. Subdivision Access: The Board shall review all access points to sub-
divisions and approve access. All subdivision access points and road designs must
comply with the standards in Section 3-110.70(C) above.
E. Completion of Road Improvements: Required County highway, road,
street and private street improvements must be completed within the time limits set forth
in the development approval.
F. Development proposals which generate traffic volumes in excess of
existing road capacities are prohibited unless a road improvement plan is approved by the
County. Any development proposal which is expected to generate or attract vehicle trips
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in excess of existing road capacities may propose to upgrade the road(s) to serve the
additional traffic volume. Techniques other than road improvements may also be
proposed to provide for public or private transit solutions to increased traffic volumes.
The County may approve any road improvement plan or other technique that is found to
be consistent with adopted County plans and policies. The County may deny any road
improvement plan or other technique that it finds to be inconsistent with adopted plans
and policies, or that fails to adequately mitigate increased traffic impacts.
Any road improvements that a development proposal is required to make, shall be
assessed on a pro rata basis considering the traffic to be generated by the development in
relation to the design capacity of the finished road. (Prior code § 3-1107)
Amend Section 3-110-100 Trails
The trail standards in this section are applicable to all trails.
A. Consistency with County Plans: All trail rights -of -way shall ceafopna.4o
consider adopted County plans.
B. Design and Construction Standards: Trails shall be located, designed and
constructed in accordance with the standards in this Code, The Pitkin County Trails
Plan (1991), and other adopted plans or standards as applicable.
C. Completion of Trails Improvements: Required County trails
improvements must be completed within eighteen (18) months after issuance of a
building permit for property. (Prior code § 3-1109)
Amending 3-160-040 Metro Area Residential and Tourist Accommodations Growth
Management Quota System Allotments - Minimum Development Standards
The following minimum development criteria shall apply to all exempt and non-
exempt development within the Aspen Metro Area of Pitkin County.
A. Consistency with Community Plan: The proposed development shall be
consistent with the Aspen Area Community Plan and other adopted plans.
B. Compliance with Code requirements: The proposed development shall
comply with all applicable requirements of the Pitkin County Code. (Ord. 95-3 (part),
1995)
Amend Section 3-130-020 Affordable Housing
A. Applicability: The affordable housing development exaction standards are
applicable to new residential, commercial, and tourist development except for those
development activities exempted in this section:
1. Single Family Dwelling Units on Lots Created by a Fifty Percent (50%)
Density Reduction Lot Split pursuant to Section 3-150.50;
2. Duplex on a Lot Approved for a Fifty Percent (50%) Density Reduction
Lot Split pursuant to Section 3-150.60;
3. One Single Family Dwelling Unit on a Lot Larger than 500 Acres in Size
pursuant to Section 3-150.90; and
4. Subdivision Exemptions Approved pursuant to Sections 3-190.20, 3-
190.30 and 3-190.80.
B. Intent: Pitkin County has established an affordable housing program to
insure a supply of desirable and affordable housing for employees, senior citizens, the
handicapped and citizens of the Roaring Fork Valley necessary to achieve a balanced,
diversified community, and avoid discrimination in housing. The program is intended to
insure that:
1. An adequate supply of housing exists to accommodate the demand for
affordable housing resulting from new development;
2. Affordable housing is provided on a schedule to coincide with the demand
for affordable housing generated by new development;
3. New development is not exclusionary and helps to alleviate the
documented shortage of low and moderately priced ownership and rental units in the
County by integrating affordable housing on -site with new free-market residential
housing subject to review pursuant to the standards in Section 3-130.20(F).
4. Affordable housing created through the program will remain committed to
the low and moderately priced housing needs of the County.
C. Standards for New Residential and Commercial Subdivisions and Tourist
Accommodation Development: Pitkin County affordable housing development fees are
derived from technical data, findings, guidelines and conclusions contained within:
Resolution 74-87, 1977 Aspen Pitkin County Growth Management Policy Plan,
Aspen Area Community Plan: Housing Element/Affordable Housing
Production Plan (as amended). This section establishes the minimum affordable housing
standards for all new residential and commercial subdivisions and tourist accommodation
and commercial developments unless exempted pursuant to Section 3-130.20 (A).
Affordable housing commitments made via the Growth Management Quota System may
exceed the minimum requirements.
1. Residential Development: An applicant shall provide affordable housing
for an amount equal to thirty-three percent (33%) of the residents living in the non -deed -
restricted dwelling units.
2. Commercial Development: An applicant shall provide affordable housing
for one hundred percent (100%) of the employees generated by commercial development,
except commercial development done in association with an AH Overlay/PUD project,
based upon the standards in Figure 3-6. For commercial development done in association
with an AH Overlay/PUD project, an applicant shall be required to provide affordable
housing for sixty percent (60%) of the employees generated by the non-residential portion
of the development, in addition to meeting the unit mix and population requirements of
the AH Overlay/PUD district as described in Section 3-40.73 of the Land Use Code. If
when using the standards in Figure 3-6 to determine the number of employees generated
by a commercial use, a range of full time equivalent is indicated, the precise employee
generation standard shall be determined during review of the development application
after consideration of a proposal from an applicant.
3. Tourist Development: An applicant shall provide affordable housing for
one hundred percent (100%) of the employees to be generated by a development based
upon the standard that each tourist accommodation unit generates .2 to .4 full time
equivalent employees. The precise number within this range shall be determined during
review of the development application based upon a review of information submitted by
the applicant. For tourist development done in association with an AH Overlay/PUD
project, an applicant shall be required to provide affordable housing for sixty (60) percent
of the employees generated by the development, in addition to meeting the unit mix and
population requirements of the AH Overlay/PUD districts as described in Section 3-40.73
of the Land Use Code.
D. Independent Calculation of Affordable Housing Development Exactions:
An applicant seeking approval for residential, commercial or tourist development may
submit an independent calculation of employees generated by a particular project. If
accepted by the Board, the independent calculation will be used to determine the required
exaction.
E. Options for Satisfying Development Exaction Standards: The Board of
County Commissioners upon recommendation of the Planning and Zoning Commission
and Housing Designee shall approve or deny the method an applicant proposes to satisfy
the affordable housing development exaction standards. If the Board of County
Commissioners denies the method proposed by an applicant, it shall provide direction as
to which other method or methods would be preferable. The following methods (or
combination of methods) may be used to satisfy the requirements of this section:
1. Construction of New Affordable Dwelling Units: Construction of new
dwelling units deed restricted to terms within the applicable housing price and occupancy
guidelines approved by the Board of County Commissioners or its designee. New
affordable dwelling units shall be completed on a proportional basis to free market units
to coincide with the demand for affordable housing. The Subdivision Improvements
agreement shall stipulate the schedule for completion of affordable housing units.
2. Deed Restriction of Existing Free -Market Unrestricted Dwelling Units:
Conversion of existing dwelling units which are not restricted to Pitkin County's
affordable housing guidelines to deed restricted status by deed restricting them to terms in
compliance with the applicable housing price and occupancy guidelines approved by the
Board of County Commissioners or its designee.
3. Conveyance of Free-market Vacant Unplatted Property or Platted Lots:
Conveyance to Pitkin County of land or platted free-market lot(s) whose market value is
equal to or greater than the equivalent affordable housing dedication fee as calculated for
the project or the appropriate portion thereof at the conceptual subdivision stage.
a. An applicant shall provide a satisfactory preliminary estimate of value at
the conceptual subdivision stage. The market value of the land or lots shall be established
by an opinion of value for the land or lot(s) acceptable to the Housing Designee prior to
the recordation of the final plat for the project and net of the customary real estate
commission for the sale of the land or lot(s). Prior to the final plat approval, the applicant
shall demonstrate that the value of the commitment is equivalent to or greater than the
affordable housing commitment required at Conceptual submission.
b. The unplatted land or platted lot(s) shall be conveyed to Pitkin County
prior to the recording of the final plat. The land or lot(s) to be conveyed shall be
acceptable to the Board of County Commissioners.
c. Pitkin County may develop any such property for affordable housing, but
shall also have the ability to sell the land or lot(s) on a non -price -restricted basis provided
that the use of the funds from the sale of any such land or lot(s) shall be limited to the
provision of affordable housing for qualified persons or the subsidy of affordable
housing.
4. Payment of Cash -in -lieu Housing Development Exaction Fee: A
developer may pay an affordable housing development exaction fee, based on the formula
for such fees identified within the guidelines approved by the Board of County
Commissioners or its designee. Payment shall be made to Pitkin County prior to, and on a
proportional basis to, the issuance of any building permits for the non -deed restricted
dwelling units, tourist accommodation units and/or commercial square footage of the
approved development.
F. Criteria to Select a Method to Satisfy the Development Exaction
Standards: The Board shall consider, but shall not be limited to, the following criteria in
evaluating an applicant's proposal:
1. That the County has an adopted plan for the development of affordable
housing with monies received from payment of affordable housing dedication fee and
whether the cash -in -lieu payment is more appropriate than the provision of affordable
housing;
2. That the County has an adopted plan identifying the applicant's proposed
development site as being appropriate for affordable housing;
3. That the applicant's proposed development site is appropriate for the
construction of affordable housing, taking into consideration:
a. Availability of services;
b. Proximity to employment opportunities;
c. Proximity to adequate transportation facilities; and
d. Land Use, environmental and agricultural constraints to additional
development.
4. That the method proposed will result in affordable housing being produced
prior to or at the time the impacts of the development will be experienced by the
community;
5. That the development itself requires the provision of affordable housing
on site to meet service needs;
6. That the development itself requires the provision of affordable housing
on site to make the development non -exclusionary; and
7. That the size of the development is such that production of housing by the
applicant is not feasible. (Prior code § 3-1302)
Amend Section 3-130-040 Parks/Recreation/Open Space
A. Applicability: The parks/recreation/open space development exactions are
applicable to new residential subdivisions.
B. Intent: Pitkin County established a Parks/ Recreation/Open Space
program to insure an ample supply of parks/recreation/open space to satisfy the needs of
residents and visitors. The program is intended to insure:
1. An adequate supply of parks and recreation facilities to satisfy the demand
for such facilities resulting from new residential development;
2. An adequate supply of open space to preserve and enhance the rural
character of the County as a critical asset contributing to a high quality of life for
residents and visitors;
3. Preservation of open space in certain areas to protect wildlife habitat,
ranching, public lands and scenic road corridors;
4. Parks and recreation facilities and open space are dedicated on a schedule
to coincide with the demand for such facilities and land generated by new residential
development;
5. Land dedicated for parks/recreation/open space will remain committed to
such uses and not be used for other purposes.
C. Parks/Recreation/Open Space Development Exaction Standards: Pitkin
County parks/ recreation/open space development exaction standards are based upon
consideration of the Aspen Area Compr-ehousi4e Community Plan:
Parks/Recreation/Open Space/Trails Element, Pitkin County Down Valley
Comprehensive Plan, Roaring Fork East Master Plan, State Highway 82 Corridor
Master Plan, Pitkin County Plan for Access to Public Lands and the 1977 Growth
Management Policy Plan.
1. Standards: Prior to the recordation of final plat, a developer subdividing
residential land shall dedicate to Pitkin County, platted land in a location selected by the
Board in the ratio of ten and one half (10 1/2) acres for every one thousand (1,000)
residents of a proposed subdivision (that is, the number of residents multiplied by one
hundred and five ten thousandths [0.0105] of an acre per resident). The number of
residents attributable to a subdivision is calculated according to the schedule in Figure 3-
7 (applicable to single family, duplexes and multi -family structures). Mixed Use
Developments -- In the case of mixed residential, commercial, industrial or other uses, the
required dedication is determined based upon the minimum lot area required by the Code
for dwelling units.
D. Option for Independent Calculation of Dedication Standards: An
applicant seeking approval for a residential development application may submit an
independent calculation. If approved, the independent calculation will be utilized to
calculate the required dedication.
E. Cash -in -Lieu of Land Dedication: At the election of the Board of County
Commissioners, an applicant may satisfy his or her land dedication requirement by
making a cash payment to the County for an amount equal to the current market value of
the land required for dedication by Section 3-130.40(C).
1. Calculating Cash -in -lieu Payment: The amount of the cash -in -lieu land
dedication payment is calculated by multiplying the square footage of the area of land to
be dedicated by the current market value per square foot of the land to be subdivided.
2. Calculating Land Value: Land value shall be market value at the time of
the cash -in -lieu payment including site improvements such as streets, and utilities, but
excluding residential dwelling units. Market value may be substantiated by a documented
purchase price (if an arm's length transaction no more than two years old) or other
mutually agreed upon recognized means, provided, however, assessed valuation shall not
be relied upon as the basis of current market value. In the event, a developer and the
County fail to agree on market value, such value shall be established by a qualified real
estate appraiser acceptable to both parties. The developer shall pay for the appraisal.
3. Timing of Cash -In -Lieu Payment: Payment shall be made to Pitkin
County prior to, and on a proportional basis to, the issuance of any building permits for
the residential dwelling units.
F. Criteria to Select Method to Satisfy the Dedication Standards: The Board
of County Commissioners upon recommendation of the Planning and Zoning
Commission shall approve or deny a request from an applicant to pay cash -in -lieu of land
dedication. The Board shall consider the following criteria in evaluating a request for a
cash in lieu payment:
1. Whether the development itself requires on -site parks/recreation/open
space land on site; and
2. Whether the County has identified the applicant's proposed development
site as being appropriate for parks/recreation/open space land. (Prior code § 3-1303)
Amend Section 3-130-070 Trails
A. Applicability: The trails development exaction standards are applicable to
new residential and commercial subdivisions and tourist accommodation developments.
Subdivision exemptions approved pursuant to Sections 3-190.20, 3-190.30 and 3-190.80
are exempt from the requirements of this section.
B. Intent: Pitkin County established a trails program to satisfy trails needs of
residents and visitors. The program is intended to provide:
1. Trails for diversified segments of the population including: nordic skiers,
mountain bike riders, road bike riders, hikers, horse back riders,fisherman, hunters, senior
and handicapped citizens;
2. Recreational trails, commuting trails and dual purpose trails for recreation
and commuting; and
3. Multiple access points to the United States Forest Service trails system
and public lands.
C. Trails Standards: Pitkin County trails standards are based upon
consideration of the Aspen Area Community Plan:
Parks/Recreation/Open Space/ Trails Element, Pitkin County Down Valley
Comprehensive Plan, Roaring Fork East Master Plan, State Highway 82 Corridor
Master Plan and Pitkin County Trails Plan.
1. Standards
a. Whenever a tract to be subdivided includes any part of a trail or trails
designated on the Pitkin Trail System or historically used trails, the developer shall plat
and grant public easements consistent with County Trail standards and specifications and
in a location acceptable to the Board of County Commissioners.
b. Whenever a tract of land is traversed by or abuts a river or creek, the
developer shall plat and grant a public fishing easement to include the stream and the land
area five feet (5') beyond the high water mark on the stream bank. (Prior code § 3-1305)
Amend Section 3-160-040 Minimum Development Standards
The following minimum development criteria shall apply to all exempt and non-
exempt development within the Aspen Metro Area of Pitkin County.
A. Consistency with Community Plan: The proposed development shall bo
c414,4ste.vit—with consider the Aspen Area Community Plan and other adopted plans.
B. Compliance with Code requirements: The proposed development shall
comply with all applicable requirements of the Pitkin County Code. (Ord. 95-3 (part),
1995)
Amend Section 3-210-010 Applicability
This section of the Code establishes review standards for Uses designated as
Special Review in Section 3-30 and Figure 3-1 (refer to Section 4-60 for procedures and
Section 5-50 for submission contents). The Board of County Commissioners may
approve, approve with conditions, or deny development applications for uses designated
as special review uses within a zone district. Applications will be reviewed for
compliance with all of the standards in this section. Major amendments to special review
approvals shall be reviewed for compliance with the standards in this section pursuant to
Section 4-60. Minor amendments to special review approvals may be permitted subject to
compliance with the standards in Section 3-200.80.
A. The special review use shall consider:
1. The applicable County Master Plan;
2. County Land Use Policies in Article 2;
3. The intent of the Zone District in which it is proposed to be located; and
4. The character of the immediate vicinity of the parcel proposed for
development and surrounding land uses, or enhance the mixture of complimentary uses
and activities in the immediate vicinity of the parcel proposed for development.
B. The location, size, design and operating characteristics of the proposed
special review use must be in harmony with the surrounding area and minimizes adverse
effects, including visual impacts, impacts on pedestrian and vehicular circulation,
parking, trash, service delivery, noise, vibrations and odor on surrounding properties.
C. There must be adequate public facilities and services to serve the special
review use including but not limited to roads, potable water, sewer, solid waste, parks,
police, fire protection, emergency medical services, hospital and medical services,
drainage systems, and schools.
D. An application for a special review use must demonstrate to the Board of
County Commissioners that the proposed development will not:
1. Materially endanger the public health, safety or welfare; and
2. Substantially injure the value of adjoining or abutting property.
E. Limitations of Approval
1. The Board may at any time require that any person operating a use under a
Special Review Permit shall within thirty (30) days prior to each anniversary of the initial
granting of the permit by the Board, submit a statement to the Planning Director attesting
to the continued conformance of the use to the conditions of the permit.
If, after reviewing the statement, inspecting the site and considering any other
relevant materials, the Planning Director determines that the use is not in conformance
with the provisions of the Special Use Permit, the Planning Director shall recommend to
the Board that it consider withdrawal of such permit.
The Board shall consider and act on permit withdrawal after a public hearing,
notice of which shall be given by mail directly to the applicant, and one publication in a
newspaper of general circulation in the County, stating the time and location and subject
matter of the hearing, not later than thirty (30) days prior to the hearing.
Failure of any person operating a use under a Special Use Permit to submit such a
statement within the period specified above shall be considered a violation of the
provisions of the Special Use Permit and may be sufficient cause for withdrawal of the
permit by the Board.
2. Any person who wishes to alter a structure or change a use or method of
operation of an activity governed by a Special Use Permit in a manner not provided for
by that permit shall first apply to the County for revision of the existing permit or for a
new Special Use Permit. Substantial amendments to a Special Use Permit shall constitute
a new application and shall require a repetition of the review procedures contained herein.
Minor changes to a Special Use Permit may be authorized by the Planning Director
without additional public review. For an activity to be deemed minor, it shall be
necessary for the applicant to demonstrate compliance with Section 3-200.80, "Minor
Amendments to a Development Permit".
3. Approved Special Review Uses must begin operations within twelve (12)
months following the date of approval of the development permit or the approval shall
become null and void.
Any Special Review Use Permit shall expire after any continuous twelve (12)
month period of non-use. Any unfulfilled obligations of the permittee shall continue to be
binding after expiration of the permit.
4. Time Limits
a. The Board of County Commissioners may issue an initial, short-term trial
permit for a time period not to exceed five years from the date of issuance subject to the
standards in Section 3-250.
b. Prior to the expiration of the initial, short-term permit, but not longer than
one (1) year before such permit expiration, the permittee may submit an application
pursuant to the procedure in Section 4-60, The Submission Contents in Section 5-50, and
the standards in Section 3-210 to convert the short-term permit to a long-term permit.
Upon expiration of the initial short-term permit, and after a duly noticed public hearing, a
long-term permit may be issued to be in full force for a period of time specified by the
Board of County Commissioners. (Ord. 95-3 (part), 1995: prior code § 3-2001)
Amend Section 3-220-020 Rezoning
Rezoning may be initiated by the County or private citizens and approved by
Pitkin County subject to compliance with standards in this section. Privately initiated
applications must be submitted in conjunction with a conceptual subdivision application.
Refer to Sections 4-60.20 and 4-60.80 for procedures and Section 5-110 for submission
contents.
A. The development resulting from the proposed rezoning shall:
1. Not conflict with any applicable sections of the Land Use Code;
2. Shall consider Pitkin County master plans;
3. Be compatible with surrounding Zone Districts and land uses, considering
existing land use and neighborhood characteristics;
4. Not result in demands on public facilities, and shall not exceed the
capacity of such public facilities, including, but not limited to, transportation facilities,
sewage facilities, water supply, parks, drainage, schools, and emergency medical
facilities;
5. Not result in significant adverse impacts on the natural environment;
6. Be consistent and compatible with the community character; and
7. Not be in conflict with the public interest;
B. The Board shall consider:
1. Whether there have been changed conditions affecting the subject parcel
or the surrounding neighborhood which support the proposed amendment;
2. The effect of the proposed rezoning and development on traffic generation
and road safety. (Ord. 95-3 (part), 1995: prior code § 3-2102)
Amend Section 3-240-030 Standards for Public Master Plan
Public Master Plan standards are established in this section.
A. The Master Plan shall:
1. Comprehensively address all existing facilities and identify all proposed
future site development to occur for at least the next five years;
2. Demonstrateconsideration of proposed activities in
connection with County Land Use Policies in Article 2 and adopted County master plans
applicable to the site; and
3. Demonstrate compatibility of the proposed development with the
surrounding neighborhood and justification of the public need for the proposed activities
and facilities.
B. The Master Plan may include language elaborating upon the definitions of
the use standards to more specifically define the unique characteristics of a specific
activity proposed on a site. The approval of said definitions shall constitute a part of the
development standards for a parcel.
C. Use and dimensional standards are established in Section 3-30. However,
the dimensional standards in Section 3-30 may be varied during the Master Plan process,
if an applicant provides clear and convincing evidence that the use or building cannot
function properly within said limitations.
D. The outcome of the master plan process shall include the listing of uses
and activities in the categories and the maps described in this section.
1. Permitted Uses;
2. Uses Permitted pursuant to further review pursuant to the procedures in
Section 4-60 (special review);
3. Include maps and drawings at a scale of not less than one (1) inch = two
hundred (200) feet unless the Planning Office authorizes a smaller scale. (Ord. 95-3
(part), 1995: prior code § 3-2303)
INTRODUCED AND FIRST READ at a regular meeting on the 19th day of
November, 1997.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on
the 1st day of November, 1997.
APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC
HEARING on the 11th day of February, 1998.
PUBLISHED AFTER THE ADOPTION IN THE ASPEN TIMES on the 21 st
day of February, 1998.
ATTEST:
Jerette Jones,
D puty County Cle
APPROVED AS TO FORM:
John Ely,
Coun, fA
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By:
Dorothea FarrisChairperson
Date: ij-
APPROVED AS TO CONTENT:
Cindy Houben,
Community Development Director