The URL can be used to link to this page

Home My WebLink Aboutbocc.ord.005.1999ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY COLORADO, ADOPTING AMENDMENTS TO THE PITKIN COUNTY LAND USE CODE SECTION 4-10, GENERAL PROCEDURES ORDINANCE #99- �rj RECITALS WHEREAS, the Board of County Commissioners of Pitkin County, Colorado makes the following findings: A. Prior adoptions of the Pitkin County Land Use Code (the "Code") included a provision containing a short time -period where, after a denial of an application for a development permit, resubmittal or re -application affecting the same property or any portion thereof was temporarily prohibited. B. The provision described in paragraph A above was inadvertently omitted from the subsequent and current adoption of the Code. C. The amendment to section 4-10 of the Code is to adopt similar language to the provision described in paragraph A that was inadvertently omitted in the subsequent adoption. (The amendment is attached hereto as "Attachment 1.") D. The purpose of this amendment is to provide a short time period after the denial of an application for a development permit where further applications will not be accepted by the Community Development Department. This short time period is intended to allow the applicant or property owner, the Community Development Department, the Planning & Zoning Commission and the Board of County Commissioners sufficient time to collectively and individually consider the options for the property without expending staff and public time on resubmissions and re - applications that have not be subject to adequate consideration and formulation. This short time period also provides other applicants an opportunity to submit their applications for consideration. E. There is an immediate necessity and emergency which warrants that this amendment be immediately effective upon adoption: 1. This provision was inadvertently omitted in the current Code, and was previously relied upon to ensure for the orderly, considered review of development applications; Ordinance #99-) 5 Page 2 2. The Community Development Department, the Planning & Zoning Commission and the Board of County Commissioners are over -burdened with applications for development permits; 3. The Community Development Department, the Planning & Zoning Commission and the Board of County Commissioners are particularly over- burdened where an application for a development permit has been denied and there has not been adequate consideration of the issues raised in connection with the original denial, yet resubmittals or re -applications are immediately made; and 4. In the interest of orderly development and adequate review of applications, a short time period where an applicant or property owner is prohibited from resubmitting or re -applying for development permits is necessary to protect the public health and safety. F. A temporary prohibition on resubmittal and re -applications for properties where an application for a development permit has been denied will not affect the right of property owners to apply for building permits where a building permit is entitled to issue. NOW THEREFORE, be it ordained by the Board of County Commissioners of Pitkin County, Colorado, that section 4-10 of the Pitkin County Land Use Code is hereby repealed and re-enacted as contained in Attachment 1 hereto and subject to the following terms: 1. The Board of County Commissioners incorporates the above recitals as the justification for this Ordinance and amendment to section 4-10 of the Code. 2. This Ordinance and amendment to Section 4-10 of the Code is effective immediately upon final adoption pursuant to C.R.S. § 30-15-405 as it is necessary for the immediate preservation of the public health and safety of the citizens of Pitkin County, the circumstances of the emergency having been set forth in this Ordinance. Ordinance #99-, 5 Page 3 INTRODUCED, FIRST READ ON THE 13th DAY OF JANUARY, 1999, AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 2nd DAY OF FEBRUARY, 1999. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON JANUARY 23,1999. APPROVED UPON SECOND READING AND PUBLIC HEARING ON FEBRUARY 2,1999. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON Fe&evA,ey /33 /99f ATTEST: Jones, /yvaeeQ. 2)e.4,) Deputy Clerk APPROVED AS TO FORM: a John M. E County Attorney BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Sheltie Re Tice per Vi4t-cI7air Date:______ i// Su Q ne Kon I an, Co!'.ty Man ,ger Ord. # 99- -C Attachment 1/Page 1 REPEAL AND RE-ENACT SECTION 4-10 OF THE PITKIN COUNTY LAND USE CODE AS FOLLOWS: Subsections: 4-10-001 4-10-010 4-10-020 4-10-030 Section 4-10 GENERAL General Development Permits Building Permits Combined Development Applications 4-10-001 General This article establishes the procedures for submission and review of Building permit and Development permit applications. (Prior code § 4-1) 4-10-010 Development Permits No person may engage in any development within the unincorporated area of Pitkin County until obtaining a development permit, unless the proposed development qualifies for an exemption. All development shall be in compliance with the effective development permit duly issued in compliance with the Code. (Prior code § 4-101) 4-10-020 Building Permits No person shall erect, construct, reconstruct, excavate for a foundation, alter or change the use of any building or other structure or improvements of land without obtaining a building permit from the Building Department. (Prior code § 4- 102) 4-10-030 Combined Development Applications Any development application which would involve multiple review procedures culminating in approvals from differing review bodies pursuant to the provisions of this Code shall be combined for review and approval by the highest review authority which would otherwise have been involved in the separate review procedures. (Prior code § 4-103) 4-10-040 Resubmission or Reapplication Affecting Same Property The purpose of this section is to provide a short time period after the denial of an application for a development permit where further applications will not be accepted by the Community Development Department. This short time period is intended to allow the applicant or property owner, the Community Development Department, the Planning & Zoning Commission and the Board of County Commissioners sufficient time to collectively and individually consider the 1 Ord. # 99- S Attachment 1/Page 2 options for the property without expending staff and public time on resubmissions and re -applications that have not be subject to adequate consideration and formulation. This short time period also provides other applicants an opportunity to submit their applications for consideration. A. No application for a development permit shall be accepted by the Community Development Department after the denial of an application affecting the same property or any portion thereof for six months after the date of denial. B. This section shall apply to all applications for development permits affecting the same property or any portion thereof which were denied within the preceding six months of the effective date of this provision. C. The time period specified in this section shall be deemed to have commenced only after the denial of an application for a development permit and the exhaustion or expiration of time for all available administrative appeals. D. Building permit applications are specifically excluded from the provisions of this section. 2