HomeMy WebLinkAboutbocc.ord.023.2009ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, AMENDING TITLE 8 OF THE PITKIN COUNTY CODE, SPECIF'ICALLY
THE 2006 LAND USE CODE FOR LAND USE CODE AMENDMENTS RELATED TO
ROAD IMPACT FEES AND EMPLOYEE HOUSING IMPACT FEES
Ordinance No. ~ 3 - 2009
RECITALS
Pitkin County Community Development Staff has initiated a Land Use Code amendment to
amend the Pitkin County Land Use Code (PCLUC) in effort to more effectively address
development in the County. Amendments will be made to following chapters and sections:
Chapter 8
EXHIBIT A- Section 8-10-40: Road Fee Schedule
- Section 8-10-50: Annual Adjustment
EXHIBI"I B- Section 8-30-60: Impact Fee far "Small Established Commercial Business"
- Section 8-30-70: Impact Fee for Change of Use
2. The Planning and Zoning Commission reviewed the proposed amendments at a regularly
scheduled meeting on August 4, 2009. The Commission voted 5-0 to recommend approval to the
BOCC in favor of the proposed code amendments.
3. The BOCC reviewed the application at 1 s' Reading at a duly noticed public hearing on September
9, 2009 and at a duly noticed public meeting on September 23, 2009. Evidence and testimony
were presented with respect to this application.
4. "I'he BOCC finds that these Code Amendments are consistent with Pitkin County's goals and
policies regarding land use and development in the County.
5. The BOCC further finds that the amendments to the Code are consistent with County
Comprehensive Plans and in compliance with Section 2-40-10.
NOW, THEREFORE, BF. IT ORDAINED by the Pitkin County Board of County
Commissioners that it hereby amends the above-referenced Sections of the of the 2006 Pitkin County
Land Use Code, as set forth in Exhibits A and B as underlined.
NOTICE OF PUBLIC HEARING PUBLISHEll IN THE ASPEN TIMES on the 23"' day of August,
2009.
INTRODL~CED ON F1RST READING AT A PUBLIC HEARING on the 9`h day of September, 2009.
APPROVED AND ADOPTED ON SECOND READING AT A PUBLIC MEETING on the 23rd day
of September, 2009
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the ~ day of~Q~l,~~~~a`_ 2009.
RECEpTION#: 564651, 11/19/2009 at
92:29:51 ~M,
~ ~F $• ~ 3U.00 Doc Code ORp~NANCE
Janice K. Vos Caudill, Pitkin County, CO
Ordinance No. ~~3 - 2009
Page 2 oj'S
BOARD OF COUNTY COMMISSIONERS
OF P,t~'KIN COUNTY, C~LORADO
~U ~~ ~.~_ ~/' ~,,;~.-,
Jea etteJones
D utv Clerk
Patti Kay-Clappe~,
Chair
~~
Date: // ' `~ ~ ~ ~
APPROVED AS TO FORM:
_~_.. ..___.- _ ~_____...__
John Ely, ~
County Attorney
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A}'PROVED AS TO CONTENT:
~~il J~ ~;~ ~~~ ~ ~.(~
~ndy }{ouben,
Community Development Director
lancec/docs/staffcodeamendmendmentRIFAH92009
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Ordinance No. (~~- 3 - 2009
Page 3 of 5
EXHIBIT A
8-10-40: ROAD FEE SCHEDULE
Any person who proposes traffic-generating development, except those exempted or conducting
an independent fee calculation pursuant to Sec. 8-10-50, shall pay a transportation capital
expansion fee in accordance with the following fee schedules:
Attached Ail Sizes 6.66 $4760
Detached 1,000 6.09 4350
Detached 1,200 6.89 4920
Detached 1,400 7.56 5400
Detached 1,600 8.15 5820
Detached 1,800 8.66 6190
Detached 2,000 9.12 6520
Detached 2,200 9.54 6820
Detached 2,400 9.92 7090
Detached 2,600 10.27 7340
Detached 2,800 10.60 7570
Detached 3,000 10.90 7790
Detached 3,200 11.18 7990
Detached 3,400 11.45 8180
Detached 3,600 11.70 8360
Detached 3,800 11.93 8520
Detached 4,000 12.16 8690
Detached 4,200 12.37 8840
Detached 4,400 12.57 8980
Detached 4,600 12.77 9120
Detached 4,800 12.96 9260
Detached 5,000 13.13 9380
Detached 5,200 13.31 9510
Detached 5,400 13.47 9620
Detached 5,600 13.63 9740
5.800 & Laraer 13.79 9850
Ft
Li ht Industrial $2.39
Manufacturin $1.31
Warehousin $1.22
Mini-Warehouse $0.85
School $3.49
Office $4.77
Business Park $4.38
RetaillRestaurant $10.15
Nonresidential er uni ue demand indicator
Assisted Living (per bed) $913
3
Ordinance No. 0 j 3 - 2009
Page 4 of 5
8-10-50: ANNUAL ADJUSTMENT
Beginning in 2070, at the end of each year the transportation impact fee schedule shall be
adjusted to account for construction cost inflation, pursuant to the provisions of this section. On
January 1 following each calendar year during which the fee schedule was not comprehensively
updated based on an update of the study, an adjusted fee schedule shall become effective. The
County shall make the adjusted transportation impact fee schedule publicly available. The County
shall calculate adjustments to the impact fee rates by multiplying them by a ratio based on
Denver-Boulder CPI-U from the preceding year.
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Ordinance No. ~~3 - 2009
Page 5 of 5
EXHIBIT B
8-30-60: IMPACT FEE FOR "SMALL ESTABLISHED COMMERCIAL BUSINESS"
(a) A"small established commercial business" (a commercial business that has 8(eight) or
fewer full time equivalent employees, that is less than 5,000 sq. ft. of floor area, and that
has operated continuously as the same type of business with the same ownership, and in
the same location in Pitkin County for a period exceeding twenty (20) years) that relocates
and abandons an old facility and that constructs and owns a new facility to accommodate
the same small established commercial business shall be required to pay only the
employee housing impact fee that would be imposed by Section 8-30-30 on the amount of
additional floor area by which the new facility exceeds the previously occupied facility.
(b) If a new facility is exempted in conformance with Section 8-30-60 (a) above, and the use of
the facility changes prior to occupancy of the new facility or within five (5) years of
occupancy of the new facility, an impact fee shall be required for the new facility in
accordance with the formula and computation of fees established in Section 8-30-30. The
fee owed will be that in effect at the time of the change in occupancy.
(c) A business utilizing this provision for reduction in/ or exemption from the impact fee shall
be subject to periodic employee audits (not more than once every two years) which shall
be undertaken by Pitkin County and which will be funded by the business. Any increase in
full time equivalent employees documented by an audit will require the business to pay
additional employee impact fees at 100% of the amount that would be imposed for the
additional employees by utilizing the formula and computation of fees established in
Section 8-30-30.
8-30-70: IMPACT FEE FOR CHANGE OF USE
When a"commercial developmenY' facility (as described in Table 8-4) changes in use from one
category to a more intensive category of use in terms of employee generation, an impact fee shall
be imposed according to Section 8-30-30 for the increase in employee generation.
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