HomeMy WebLinkAboutbocc.res.044.1982 1 . �v� . _ _ .
. ,'.`l�y�, .
::Ii:��:S\ ' .
. 7 �k:'i �,'}� a � �
• ,��f �a � �[��j.` �s_..� N, .1, i� . f� i��i��Tly}qr��1°Nf���`$ q4 �,�yrs'�`rfs � ����r'�i4Js�,d�:��v �
� ^� ''`,�'�";,� t` a;'�� !'/`�d�� '�"p.R� '�`4��.y�� �,c..:f��F�1� J��,y �.���a:... .�� ��,�,..►t��i�l��''r
^;,,it v�e.{kt.vai.�'.��'9YiJ['��11f11L�i�GY.L�ISti�:�u. � �'.G...�a�I::i�`ic.��.FL:<`•� ; �
pt .
��::
�L��`.�:'�:�,.
��;
C��
�.'"
4
i�
�''•� RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
€�"g .
�;':
OF PITKIN COUNTY, COLORADO, AUTHORIZIfdG AN ADMINISTRATIVE DELAY ON THE
t� PROCESSING OF BUILDING PERMIT AND LAND USE
�.`:
�' APPLICATIONS PROHIBITED BY PROPOSED AMENDMENTS '
� TO THE PITKIN COUNTY LAND USE CODE /
�:'
�� �,J
�, Resolution No. 82 - 44 {
�;3
�. WHEREAS, the Pitkin County Land Use Code, in Section 5-510 provides
� limitations on the development of residential units by imposing a growth •
��
management quota system on all such development outside of the Crystal River �
Valley and Frying Pan areas of unincorporated Pitkin County, and
WHEREAS, in June of 1981, the Planning Office did initiate an update of
the Growth Management Policy Plan, including a review of the growth rates
"� since the adoption of that plan and an analysis of the effectiveness of the
��• -� �
operation of the growth management quota system, and
WHEREAS, on February 1, 1982, the Planning Office did publish a memorandum i��
: entitled "Status Report - GMP Update" which concluded that since the inception
• � of the GMP, projects which have been exempt from a less than comprehensive GMP
�,.:.� have had a more profound impact on our growth than have the ones which have '''_
• ;';
competed, and -_
't WHEREAS, on February 23, 1982, the Planning Office did hold a work session
with the Board of County Commissioners at which time the issue of the importance i;.�'
� of a comprehensive GMP was thoroughly discussed and data was presented regarding
� the extent of recent commercial growth in Pitkin County outside of the GMP and �``-�
�
the potential for future commercial and lodging growth outside of the GMP was -
analyzed, and '��°
[ai:
��a. '
WHEREAS, at meetings on March 1, 1982 and on March 2, 1982 the basic r-_�`�-�''. . .
concepts of commercial and lodge growth management quota systems were presented �s�
by the Planning Office and considered by the Board of County Commissioners and �
�
Planning and Zoning Commission respectively, and as a result the Planning j
Office was directed to proceed with the development of specific language for a `�
�,�.
code amendment concerning limitations on cormiercial development and to further ,;�' '
study the lodge development question, and �
WHEREAS, at its regular meeting on March 16, 1982 and at a special meeting � . •
;, '
noticed as a public hearing on March 30, 1982 the Planning and Zoning Cortmission
did consider the specific language of a code amendment concerning limitations �'.
r :
on commercial development, and �:
� s,�
�. :
�
,.�..�:c
� _.._.�
�-°� wr.�...�
},i: �'
ty'��
SY�*'l . _ ;y� L ..
� a.'Y 1cr{�4,M,j�'.�ri 2'V<k�� f ��1 t�'1'1`S��LSI.k-74��n�,�ar�a� 4 4 k .at�� '��4 LR�i...v;4�r�)ty^+��.� .�
..M'`�ne.'fit�1.�--._..��_.+!�''�...�.:...:.t7iA^.d����i..� oa�.��'�.-�..�t�_,r,__,..�:ua...r^� L� '��'�S " �° .�,�� �tv-s
�.�.:.i...�Js��r'...M.dee`.'.`��'�'.1+I�la'�a t-..
�`�,
�la;;..
1,�
4':�
€�.� WHEREAS, on Aprii 12, 1982, the Planning Office did present to a joint
„
�:_
meeting of the Board of County Commissioners and City Council the results of
�F
��� its study of short term accortanodations in Aspen and Pitkin County, including a
��
�� conclusion that Pitkin County should adopt a lodge development quota system,
��
y` �:,;:
and
�4 � `�
�:� WHEREAS, at a public hearing on April 20, 1982 the Planning Commission did �
9.
� recommend by Resolution that a Growth Management Quota System for commercial
�� development be adopted in Pitkin County, and
� WHEREAS, during the public deliberations described above, the Building
i� Department has received numerous applications for cortmercial developments F
;�
� which would be required to obtain a growth management allotment prior to
�� application for a building permit by adoption of these proposed amendments to
�
;� the Land Use Code, and -
� WHEREAS, the public deliberations considering the appropriateness of a �
�r., r' i:
' lodge development quota system are not anticipated to be concluded prior to �:
�
the June lst once-a-year subdivision application deadline and will therefore
`�e
permit applications to the Planning Office for )odge development, and
r � WHEREAS, the courts are sensitive to the inequities involved in requiring
"��� local governments to meet certain time consuming procedural requirements prior `'
�i � to the adoption of amendments to zoning codes during which time applicants may ,�;
defeat the intended effects of the amendment by applying for approvals prior
� to the effective date of the amendment. The doctrine of administrative delay
1;
permits a reviewing agency to put in abeyance a request for development permission
when there is pending an amendment to a previously permissive zoning ordinance f;°
� which.would prohibit the approval sou9ht, and
WHEREAS, reliance on the doctrine requries that, prior to the exercise of
this remedy, the government agency has made some public declaration of an �_
intent to amend the existing regulations, and �
�.:
WHEREAS, there have been fi]ed numerous applications for building permits �`�':°°
�::�,��,.:.
which would be required to obtain a growth management allotment prior to �'��'` •
Ix' .
application for a buildin �
� g permit if the proposed amendments are adopted, and �
there may be filed additional applications for commercial and/or lodge subdivisions `x
� ..
at the once-a-year subdivision application deadline of June 1, the approval of
these applications would substantially defeat the purpose of the amendments, � �
a
and the Board has given adequate public notice of its intention to initiate
these changes on March 1, 1982, if not before.
,
. �
�.
..�:��?�:�. `
-=,�� •o�x•
.I.�i;4'`�,'�','.'� .
^.ct+..'Sti . .
^�a..�'¢,,e� _ . �. .
.. ��.:�,,,, . . _..�. .. ,.���. j..��''�'�� ai�t is, r��� ,��ti X,.:� `s .
r:� . ����;,�'�' �.�,Y, .,����',� ����`,�',{
, � ����,a:.
���34?.'-"���. .
�'i�
��A:� j
.t�ii'A
"'' NOW, THEREFORE, BE IT RESOLVED by the Board of County Comnissioners of `•
<'•i i
'v' Pitkin County, Colorado, that it does hereby authorize an administrative delay ;
�t� ,.
on the processing of all building permit and land use applications which are
t
�,
L� for the purpose of development of new commercial space or lodge units, except #,_.•
;:.
� within the Crystal River Valley and Frying Pan areas, and have been filed on �
�� '��
or subsequent to April 26, 1982 which would be prohibited by the adoption of s
r i
�,, the above amendments to the Land Use Code, and delay processing of such applica- £
)-
tions until the scheduled date of the public hearing and second reading of
'�:' these amendments before the Board of County Commissioners anticipated to be on �
F
June 28, T982.
BE IT FURTHER RE50LVED by the Board of County Commissioners of Pitkin +,
a
County, Colorado, that it does hereby modify the deadline for submission of
,�:, ::
�� subdivision applications for residential, comnercial and lodge deveTopments �
. F�:.
�'� �� which require application for a GMP allotment for the year 1982 only. This �
k�i date is hereby modified to be September 1, 1982 for residential applicati�ns �
�
�� � and January 1, 1983 for comnercial and lodge appiications. €
t.
, '� Approved by the Board of County Commissioners of Pitkin County, Colorado, ;
z
.<
''� at its regular meeting held April 26, 1982, Co be effective immediately.
-.� .
�
��
`1 Y
;.� BOARD OF COUNTY COMMISSIONERS OF PITKIN
� COUNTY, COLORADO �
� /
- ','� / �
.Y �
By• � .
len derud, Chairwoman i
F� �'
ATTE : �
/ 4
J'
Deputy County Clerk
�,,.. ..
APPROVED AS TO FORM:
'���/,r/�'ll da%yc .���0��
5andra Stulle , ounty orney
;
�.
..*� � �
:?!4:ii�