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A R880LIITION �B THE BOARD OF COUNTY COMMI88IONERS �,� �•% �
OF PIT!(IN COU2iTY, COLORADO� PROVIDING FOR APPLICATION OF = '`+,
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Tg$ NE9f LAND IISE CODE AND OTHER NEK I+A27D USE LEGISLATION -
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TO CERTAIN PENDING APPLICATIONS
Resolution No. 96-� i':`
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RECITALS
1. In Ordinance No. 94-01, the Pitkin County Board of County � ,
Commissioners (hereinafter "Board"j adopted a new, reorganized and
' amended Land Use Code (hereafter "New Code"} . In the same E'
ordinance, the Hoard repealed the then-existing Land Use Code known !
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as Title II of the Pitkin County Code (hereafter "Old Code"). E
2. In adopting Ordinance No. 94-01, the Hoard recognized that it �
was necessary to have a rationaZ means of providing a transition
between the old Code and the New Code. As set forth in the minutes
of the Board's special meeting of March 16, 1994, the Board �:;;
� received a report from the County PZanning staff on the
desirability of adopting a transition policy to address the
significant number of land use applications that had been filed
under the Old Code and that would be pending before the Hoard when � -
the New Code became effective.
3. To provide an orderly transition and to deal fairly with
applicants who had expended funds in preparing land use
applications under the Old Code, the Board approved a motion at its .
March 16, 1994 special meeting by which applications that were on
file and certified complete before March 16, 1944 were to be
processed under the Old Code, unless the applicant and the Board
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mutually aqreed that the application would be processed under the `'�.
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New Code. �.,
4. This decision to "qrandfather" applications that were pending '..;'
under the Old Code was codified in Section 6 of ordinance No. 94-
, 02, which provides:
Nothing in this ordinance shall be construed to affect i. '•
any right, duty or liability under any ordinance in ;�� .
effect prior to the effective date of this ordinance, and
the same shall be continued and concluded under such -
prior ordinances. •
5. Therefore, Section 6 of ordinance No. 94-01 carried out the '
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Hoard's grandfatherinq policy adopted at the March 16, 1994 special
I meeting. At the same time, nothing in Section 6 of Ordinance No.
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94-01 precluded the Board from applying provisions of the New Code,
or any other new land use legislation, to grandfathered applicants
where the applicant and the Board mutually agreed to do so.
6. Land use regulation is always in a process of evolution.
Several amendments to the New Code have already been adopted, and ��`
_ other new land use legislation is under consideration. It is
appropriate to implement the New Code and other new land use
legislation e�tpeditiously, but at the same time it is necessary to
preserve and protect those interests existing at the time of
' adoption of new legislation, as recognized by the Board in its
grandfathering policy described above.
7, Therefore, the Board has determined that, in processing
applications that are grandfathered under the Old Code, and in '
order to promote the public interest and protect the health, safety
and public welfare of Pitkin County residents and visitors, the
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Board should have the flexibi2ity to apply provisions of the New �''''
Code or ather new land use legislation if the grandfathered `'•
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applicant mutually aqrees to that action. ';,;�'
NOW, TSEREFORB, BE IT REBOLVED by the Pitkin County Board of � "
County Commissioners that provisions of the New Land Use Code and
other new land use legislation may be applied to applications
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grandfathered under the Old Code where it wi11 promote the public
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interest and protect the health, safety and public welfare of ,
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j Pitkin County residents and visitors, and where the grandfathered !
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applicant mutually agrees to the use of such provisions.
INTRObUCED, READ, AND ADOPTED on the �4�-day of G��
1996.
PUBLISHED AFTER ADOPTION IN TH8 ASPEN TIMES on the 30�Pt.day of
�� �G/L.f�J . 1996.
SOARD OB COOliTY COMMISSZONERS
. � OF PITRIN COIINTY� COLORADO
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ATTEST: ames R. True^ Chairman
te :�?.;.�u.c a v.•• l�r/�Zl
A,/ (iOIG%�9TiCC� � ✓
- Jea ette 3onea,
Deputy Couatp Clerk
p, APPRODED AS TO FORM APPROVED A$ TO CONTENT
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John H. Ely, Cindy Houben, •
County Attorne���/ County Planniag Director •
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