HomeMy WebLinkAboutbocc.ord.019.2020AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO AMENDING TITLE 8 OF THE PITKIN COUNTY CODE, Sees.
640,6-50,2-30-40,2-4040, Table 2-1, and Table 2-2, REGARDING THE GROWTH
MANAGEMENT QUOTA SYSTEM (11GMQS11)
ORDINANCE NO. 019-2020
RECITALS
1. Pursuant to C.R.S. § 30-35-301, the Board of County Commissioners of Pitkin
County, Colorado (the `BOCC"), a Home Rule County, is authorized to make and publish
ordinances for carrying into effect or discharging the powers and duties conferred upon such
counties by law and as seems necessary; and
2. Pursuant to Section 2.8.1 of the Pitkin County Home Rule Charter, the Board of
County Commissioners of the County of Pitkin, Colorado (the "BOCC") is authorized to take
official action by Ordinance :for certain matters as set forth in the Home Rule Charter as well as
the Colorado Revised Statues, as amended; and
3. Title 8 of the Pitkin County Code, is titled "The Pitkin County Land Use Code"
("PCLUC") and provides authority and powers conferred on the BOCC by the State of Colorado
regarding the use and development of real property located in Pitkin County, Colorado as more
specifically described therein; and
4. The Planning and Zoning Commission reviewed the proposed Land Use Code Text
Amendment at a regularly scheduled and duly noticed meeting on April 7, 2020 and May 5, 2020;
and
5. At its May 5, 2020 public meeting, the Planning and Zoning Commission adopted
a resolution recommending the approval with conditions of this Ordinance as set forth in Planning
and Zoning Commission Resolution No_ 15-2020.
6. This Land Use Code Text Amendment amends applicable sections of the PCLUC
regarding the Growth Management Quota System (the "GMQS") in Pitkin County; and
7. The BOCC, by this Land Use Code Text Amendment, seeks to effectuate the stated
purpose of the GMQS "to manage the rate, type, location, quality, and ultimate quantity of growth
within the Rural and Urban Areas of unincorporated Pitkin County."
8_ This Land Use Code Text Amendment is applicable only to the "Residential
Competition System" provided by PCLUC, Sec. 6-50 and does not affect the allotment system for
"Commercial Development" and/or "Tourist Accommodation Units;" and
9. By this Land Use Code Text Amendment, the BOCC intends to restore competition
to the GMQS and to more effectively fulfill the stated purpose of the GMQS to manage growth in
Pitkin County; and
10. The text of the Land. Use Code Text Amendment is attached hereto as Exhibit A
(Title 8, Chapter 6) and Exhibit B (Title 8, Chapter 2)
11. This Ordinance satisfies the criteria for approval of a Land Use Code Text
Amendment as set forth pursuant to PCLUC § 2-30-40(i) and § 2-40-10 and that the proposed
amendment to the Pitkin County Code is consistent with the goals and policies regarding land use
and development in Pitkin County. Accordingly, the BOCC find as follows:
a. The Land Use Code Text Amendment is consistent with the Pitkin County
Comprehensive Plan; and
b. The proposed text of the Land Use Code Text Amendment, as set forth in
Exhibit A and Exhibit B, is drafted in a form that is consistent with the
organizational format and style of this Land Use Code; and
C. The Proposed Land Use Code Text Amendment repeals and reenacts the
entire, relevant sections of the PCLUC; and
12. The BOCC finds that adoption of this Ordinance is necessary for the immediate
preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore
declares this Ordinance to be effective immediately upon adoption.
NOW THEREFORE, BE IT ORDAINED that the Board of County Commissioners of
the County of Pitkin, Colorado, hereby adopts An Ordinance of the Board of County
Commissioners of Pitkin County, Colorado Amending Title 8 of the Pitkin County Code, Secs. 6-
40, 6-50, 2-30-40, 2-40-40, Table 2-1, And Table 2-2, Regarding the Growth Management Quota
System ("GMQS") as set forth in Exhibit A and Exhibit B appended hereto. The Chair of the
Board of County Commissioners of the County of Pitkin, Colorado, or his designee, is further
authorized to execute such documents as necessary to consummate this transaction subject to the
recommendation for approval as to form by the County Attorney.
N
INTRODUCED AND FIRST READ ON THE J DAY OF L)j a e- 20X_ AND
SET FOR SECOND READING AND PUBLIC HEARING ON THE �4t`�tDAY OF
d 20
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMAR OF THE
ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE DAY
OF ft,,vkl 20 )
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON
THE OFIq IAL PITKIN COUNTY WEBSITE (www.pitknlc_o_ un , .comm ) ON THE
DAY OF 20 .
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE DAY OF
20
E
PUBLISHED BY TITLE AND SHORT SUMM4RY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE QDAY OF �?�/ ( _ 20i
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincounty.com) ON THE %Y-6� DAY OF }an 20U.
c
ATTEST:
By 3 dtn.ttt. ,hauls
Jeanette Jones
Deputy County Clerk
APPROVED AS TO FORM:
By: 4ffZT7--
- - --
Richard Y. Neiley III
Asst. County Attorney
BOARD OF COUNTY COMMISSIONERS
In
S4.JeA F. C -(.1 ,L
Steven F. Child, Chair
Date: Aug -19-2020
MANAGER APPROVAL
By: A*s u-
Phylis Mattice, Deputy County Manager
3
Chapter 6: Growth Management Quota System (GMQS)
and Transferable Development Rights (TDR's)
6-40: ALLOTMENT SYSTEM
6-40-10: ALLOTMENT TYPES
(a) Purpose
The purpose of this section is to establish a method of managing growth in Pitkin
County whereby all development that is not eligible for an exemption, pursuant to
Sec. 6-30, is managed through a competition system. The competition consists of
(i) a set of annual development allotment ceilings (a/k/a "quotas") that identify the
amount of growth that may occur through the competition system, and (ii) the
scoring categories and standards, which establish a rational method of awarding
development allotments to competing applications. Development is scored
through this competitive process by the Planning and Zoning Commission and
allotments are awarded by the Board of County Commissioners to the highest
scoring applicants. Appeals of the scoring may be taken to the Board.
(b) Allotment Types
The following types of allotments have been established:
(1) Residential Development: New Lots and Parcels
These allotments are intended to provide for the development of
residential floor area on:
(a) New subdivision lots or any other legally created lot or parcel
determined not to have a development right;
(b) Thirty-five (35) acre parcels that are located within the Crystal
River or Frying Pan areas and were created after January 10, 2000;
and
(c) Thirty-five (35) acre parcels that are located within the
remainder of unincorporated Pitkin County and were created after
June 12, 1978.
(2) Residential Development: Additions
These allotments are intended to provide for the development of additional
residential floor area in existing dwelling units and related accessory
structures, or for additional residential floor area in approved dwelling
Pitkin County Land Use Code CHAPTER 6 -- GROWTH MANAGEMENT QUOTA
July 2006 SYSTEM (GMQS) AND TRANSFERABLE
DEVELOPMENT RIGHTS (TDR -S) Page 1
Chapter 6: Growth Management Quota System (GMQS)
and Transferable Development Rights (TDB's)
units and related dwelling units beyond that obtained on a lot or parcel
pursuant to Sec. 6-30 or Sec. 6-40-10(b)(1)_ See also Sec. 5-20-70.
(3) Commercial Development
These allotments are intended to provide for new commercial
development and additions to existing commercial development
that results in the creation of Employment Generation Units
(EGUs). An Employment Generation Unit is the number of full-
time equivalent employees generated by the project, based on the
following formula:
(a) Square footage of commercial development x number of full
time equivalent employees generated per 1,000 square feet = EGU.
(b) The standards of See. 8-30 shall be used to determine the
employee generation of a project.
(4) Tourist Accommodation Units
These allotments are intended to provide for the development of tourist
accommodation units.
6-40-20: GENERAL STANDARDS FOR ALLOTMENTS AND COMPETITION
(a) Compliance with Code Requirements
As a prerequisite to the award of any development allotment, the proposed
development must comply with all requirements of the Pitkin County Code. No
allotments shall be granted where the development proposed violates this Land
Use Code.
(b) Allotment or Exemption Required
Receipt of an allotment or eligibility for an exemption is a pre -requisite to
continuation in the land use review process. If an allocation or exemption is
denied, any other land use applications that are pending for the property shall be
denied as well.
(c) Consideration of Comprehensive Plan
Pith County Land Ilse Code CHAPTER 6 - GROWTH MANAGEMENT QUOTA
July 2006 SYSTEM (GMQS) AND TRANSFERABLE
DEVELOPMENT RIGHTS (TDR'S) Page 2
Chapter 6: Growth Management Quota System (GMQS)
and Transferable Development Rights (TDR's)
The award of any development allotment shall consider the applicable
Comprehensive Plans, including the Pitkin County Comprehensive Plan and the
adopted plans for the incorporated areas of Aspen, Basalt, Carbondale, and
Snowmass Village.
(d) Covenant
Any applicant who is awarded an allotment shall prepare a eoveft shall enter
into a "GMQS Covenant" in a form provided by the County that addresses all of
the commitments made in the application. The covenant shall be submitted prior
to the submission of any building permit applications that would utilize the
allotments that have been awarded. Following review and approval of the
covenant by the Community Development Department, the covenant shall be
recorded with the Pitkin County Clerk and Recorder and shall run with and be a
burden upon the land. The GMQS Covenant shall be recorded by the Applicant
within 180 days from the date that the BOCC awards the allotment to the
Applicant following scoring by the P&Z. Failure to record the Covenant within
180 days shall void the award of the GMQS Allotment.
(e) Scoring Based on Merits of Proposed Development and Parcel Alone
Scoring of individual development proposals shall be based on features and
characteristics included in the proposed development and on the parcel where the
proposed development would take place. Scores shall not be increased based on
features or characteristics included in any subdivision containing the lot or parcel
proposed for development, unless the feature or characteristic would actually be
created by the proposed development. In the event an application includes
proposed development, or on more than one tract of thirty-five (35) acres or more,
each proposed lot or parcel shall be considered as an individual application.
Scoring for a parcel, lot, or tract, will not be increased due to proposed
improvements, features or characteristics proposed for other lots or parcels.
(f) Proportionality
When scoring an application, the Planning and Zoning Commission should
consider whether each commitment made by the applicant seeking points is
proportional to the size of the allotment being requested. In other words, an
applicant seeking an allotment for a large amount of floor area would be expected
to make a proportionally greater commitment to obtain the same score as an
applicant seeking a lesser amount of floor area.
Site Plan Required for Allotments for Additional Floor Area
-Applications for additional floor area allotments shall be filed in conjunction with
an application for Site Plan demonstrating how the allotment will be utilized.
Pitkin County Land Use Code CHAPTER 6 - GROWTH MANAGEMENT QUOTA
July 2006 SYSTEM {GMQS] AND TRANSFERABLE
DEVELOPMENT RIGHTS (TDR'S) Page 3
Chapter 6: Growth Management Quota System (GMQS)
and Transferable Development Rights (TDR's)
Applicants ma not ask for floor area allotment be and what is depicted in the
Site Plan application_
(Code revised (all sections) Ord 014-D, 2006, 07-05-08, § 4-30-50 (part) amended by
Ord. 019-09, 06-24-09)
6-40-30: ESTABLISHMENT OF ANNUAL ALLOTMENT CEILINGS
(a) The following table establishes annual allotment ceilings for residential,
commercial, and tourist accommodations development.
(b) Exemptions from GMQS awarded pursuant to Sec. 6-30 shall not be subject
to the annual allotment ceilings and shall not be limited on an annual basis.
TYPE OF DEVELOPMENT
ANNUAL ALLOTMENT
CEILING
1. Residential Development; New Lots and Parcels
Within Aspen Urban Growth
2-3-l" 11,500 sq. ft.
-Boundary
10,000 s A
5,750 s -+
Within 1 = =Rural Area
25,00017,25017,25Q sq. ft.
2. Residential Development: Additions
Within Aspen Urban Growth
Boundary
+051,0005699 sq. ft.
Within Crystal pivex Area
^,0�
Within - til—Rural Area
404 ,0QQ s q. ft.
3. Commercial Development
Within Entire County
43 ECUs
4. Tourist Accommodations Development
Within Entire County
1 31 units
(Code Revised (all sections) by Ord No. I4 -d, 07 05 06, Table 6-4 (part) amended by
Ord. 022-08.07-09-08) - -
6-40-40: EXPIRATION OF ALLOTMENTS
(a) Awarded Allotments Expire.
Allocated aAllotments Do Not E e expire i-hfe e��5) years from the date
the allotment is awarded by the Plannin and Zoning Commission
except as set forth in Subsection c) of this Section 6-40-40, unless an application
for a building permit is filed with the Community Development Department. The
Pitldn County Land Use Code CHAPTER 6 -- GROWTH MANAGEMENT QUOTA
July 2006 SYSTEM (GMQS) AND TRANSFERABLE
DEVELOPMENT RIGHTS (TDR'S) Page 4
Chapter 6: Growth Management Quota System (GMQS)
and Transferable Development Rights (TDB's)
award of a QMQS Allotment is not a site-specific development plan and shall not
be a vested right. Applicants mgy request a one time one 1 year extension of
time within which to use the allotment u on a showing of good cause supporting
such an extension. Extensions shall be granted administratively by Staff at
Staffs sole discretion. The decision to grant or deny an extension shall tube
appealable to the BOCC.
or eause of ae
A lot or parcel that retains a develo ment right after the expiration of its original
allotment is e1ii4ible to compete in the GMQS.
.11lletnien4s that allo ate r l' fAs shall of e
r a.xxv LaaavuLv La1uL uiv u11V V[L�LeU LV ^ �.
(b) Unallocated Allotments Expire Annually_
Allotments that are not allocated to any applicants expire automatically and are
not carried forward into successive years. The annual allotments shall expire on
December 31 st of each calendar year or at such time as all applications for
allotments in the particular development type have been processed and the
requested allotments have either been awarded or have been denied.
c Awarded: Allotments in BOCC Approved Subdivisions:
Residential Allotments in BOCC an -Droved subdivisions Mire within t i- fay e
3 ears from the date the Planning and Zoning Commission *''�(,awards
the allotment except that each lot or parcel in a BOCC qpProved subdivision
whereupon a develo trent ri ht is established through the GMOS shall retain a
development right, which shall not ex ire or la se to develop pp to 5,750 N. ft.
of Residential Floor Area or such lesser amount if established by the BOCC in its
subdivision approval (e.g. the subdivision _approval limits residential floor area on
a particular lot to 2,500 sq. ft.) and/or subsequent reduction in exempt Residential
Floor Area from GMQS (e.g. if the 5,750 sq. ft. exemption from GMQS is
reduced to 2,500 sq. ft.. A one 1 year extension.may be sought as set forth
above in Subsection a of this Section 6-40-40 subject to the limitations set forth
therein.
A lot or parcel in a BOCC approved subdivisions that retains a development right
after the expiration of its original allotment is eligible to compete in the GMQS
d Allotments awarded nnor to —T\4ay 1 2020 do not expire.
6-40-50: ANNUAL DEADLINES FOR SUBMISSION OF APPLICATIONS
(a) The following table establishes the annual deadlines for submission of
applications for growth management allotments.
Pitkin County land Use Code CHAPTER 6 - GROWTH MANAGEMENT QUOTA
July 2006 SYSTEM (GMQS) AND TRANSFERABLE
DEVELOPMENT RIGHTS (TDR'S) Page 5
Chapter 6: Growth Management Quota System (GMQS)
and Transferable Development Rights (TDB's)
T.ABt_E
TYPE OF DEVELOPMENT
ANNUAL SUBMISSION
DEADLINE
Residential Development:
September 1
New Lots
Residential Development:
January 15; if all alletm ms aro „et
Additions
awafded in this eempetitien, then
is11
the b Y
deadline
the a m
A+IY4
Commercial Development
November 15
Tourist Accommodations
October 1
Units
(b) The procedures for submission and review of applications for GMQS
allotments may be found in Sec. 2-40-40.
6-50: RESIDENTIAL COMPETITION SYSTEM
6-50-10: GENERAL
The standards and scoring system in this section are utilized to evaluate applications for
residential development allotments submitted pursuant to the procedures in Sec. 2-40-40.
The competitive categories, points available, and minimum competitive thresholds for
residential developments are summarized in Table 6-7 (for development within the Aspen
Urban Growth Boundary) and Table 6-8 (for development within the Rural Area—,Gfy-&W
Tliye Are .a,„ 7r-ying Pan Area).
(a) Method of Scoring
Scoring shall be conducted separately for (i) new lots and parcels, and (ii) new
additions. Scoring shall also be conducted separately for development within the
Aspen Urban Growth Boundary and; Rural Area, Gfystal Ritter A fe and Fry in
F� lAL"
(1) Scoring of new lots and parcels consider all structures for which a
GMQS allotment is being sought.
(2) if allotments are sought for more than one (1) parcel of thirty-five (35)
acres or larger which was created pursuant to the state statutory exemption
for such parcels, then each parcel for which an allotment is sought shall be
considered a separate application for an allotment. Such parcels shall not
be considered together as if they were part of a single subdivision or
planned development.
Pitkin County Land Use Code CHAPTER 6 - GROWTH MANAGEMENT QUOTA
July 2006 SYSTEM (GMQS) AND TRANSFERABLE
DEVELOPMENT RIGHTS (TDR -S) Page 6
Chapter 6 : Growth Management Quota System (GMQS)
and Transferable Development Rights (TOR's)
Q14�- Scoring for additions shall consider the entire structure or
structures for which the GMQS allotment is being sought
6-50-20: STANDARDS FOR SCORING APPLICATIONS FOR RESIDENTIAL
ALLOTMENTS
The Planning and Zoning Commission shall consider each application with respect to the
standards described below, and shall assign points according to the following schedules:
(a) Impacts on Public and Private Facilities
(1) Considering whether an applicant has provided a commitment to
install those public and private facilities that are necessary to serve the
development and also to install facilities that may be of benefit to the
surrounding neighborhood. Points shall be awarded according to the
following schedule:
(a) Zero (0) means the proposed facilities do not comply with the
County's adopted standards or do not meet the needs of the project.
(b) One (1) means the proposed facilities comply with the
County's adopted standards and provide for the needs of the
project, but do not improve services to the surrounding
neighborhood.
(c) Two (2) means the proposed facilities comply with the
County's adopted standards, provide for the needs of the project,
and help to solve a problem or resolve a constraint with existing
facilities, or otherwise are of benefit to the surrounding
neighborhood. Any such improvements proposed must also he
consistent with adopted County plans addressing such facilities and
must be determined to be necessary and appropriate by the referral
agency charged with utilizing the facility or providing the related
service.
(2) The categories in which points shall be awarded are as follows:
(a) Fire Protection
(1) Capability of the appropriate fire protection district to
provide fire protection according to its established response
standards, including whether appropriate access has been
provided to the development site, with necessary vehicle
turnouts and turn -around pads;
Pitkin County Land Use Code CHAPTER 6 - GROWTH MANAGEMENT QUOTA
July 2006 SYSTEM (GMQS) AND TRANSFERABLE
DEVELOPMENT RIGHTS (TOR'S) Page 7
Chapter 6: Growth Management Quota System (GMQS)
and Transferable Development Rights (TDR's)
(2) Adequacy of available water pressure and capacity for
providing fire -fighting flows; and
(3) Commitment of an applicant to provide or pay for fire
protection facilities that may be necessitated by the project
or that may improve fire protection capabilities in the
neighborhood, including but not limited to fire hydrants,
water storage tanks or ponds, and fire fighting vehicles or
equipment.
(b) Road System
(1) Capability of the public road network to provide for the
needs of the proposed development within acceptable
levels of safety, as defined in the Pitkin County Asset
Management PIan; and
(2) Applicant's commitment to provide or pay for
necessary road system improvements attributable to the
proposed development or to improve road capacity or
safety in the neighborhood.
(c) Transit and Trail Systems
(1) Whether the proposed development site is located in
proximity to existing transit routes and trail systems and
whether appropriate on-site connections are made to these
routes and trails;
(2) Capability of the transit system to accommodate the
proposed development without the need for additional
equipment or route shifts;
(3) Commitment of the applicant to finance or provide
capital improvements (such as a bus, bus shelter, or trail
connection) that enhance the ability of the transit or trail
system to serve the proposed development, or to provide an
easement for a trail that has been identified in the Pitkin
County Comprehensive Plan; and/or an easement for a trail
that has generally been identified as a public access need.
(b) Effect on the Environment
(1) Considering the environmental impacts of the proposed development
and whether the applicant commits to actions that will have a positive
effect on the natural environment in Pitkin County, thereby achieving an
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July 2006 SYSTEM (GMQS) AND TRANSFERABLE
DEVELOPMENT RIGHTS (TDR'S) Page 8
Chapter 6 . Growth Management Quota System (GMQS)
and Transferable Development Rights (TDR's)
overall benefit for the community. Points shall be awarded according to
the following schedule:
(a) Zero (0) means the proposed development does not comply
with the applicable adopted County environmental standards.
(b) One (1) means the proposed development complies with (but
does not exceed) the applicable adopted County environmental
standards.
(c) Two (2) means the proposed development exceeds the
applicable adopted County environmental standards, or the
proposed development complies with the applicable adopted
County environmental standards and helps to solve an existing
environmental problem. To receive a score of 2 in any category,
an applicant shall exceed an adopted standard or solve an existing
problem as expressed in at least one of the standards in that
category, but need not do so in all of the standards of that category.
(2) The categories in which points shall be awarded are as follows:
(a) Water Resources
Considering the overall impacts of the development on local and
regional water resources, including:
(1) The extent to which the proposed development of the
property will comply with or will exceed (by more than
fifty (50) percent) the minimum stream setbacks and
riparian and wetland buffers established in Table 5-1 and
Sec. 7-20-80 of this Land Use Code.
(2) Whether an applicant commits to the dedication of
water rights to an appropriate public agency or other
actions that will contribute to the protection of minimum
stream flows and address a documented need in Pitkin
County.
(3) Whether an applicant commits to retain irrigation water
rights with agricultural or open space lands that are part of
the development.
(4) Whether an applicant commits to the implementation
of techniques that will improve the efficiency of existing
irrigation systems and commits to dedicate the remaining
water to minimum instream flows, or increases the amount
Pitkin County Land Use Code CHAPTER 6 - GROWTH MANAGEMENT QUOTA
July 2006 SYSTEM (GMQS) AND TRANSFERABLE
DEVELOPMENT RIGHTS (TDWS) Page 9
Chapter 6: Growth Management Quota System (GMQS)
and Transferable Development Rights (TDB's)
of agricultural land or protected open space that is able to
be irrigated within the development.
(5) Whether an applicant proposes a water augmentation
plan that will replace water that is to be used by the
development with augmentation water that re-enters the
stream either (i) upstream of the development, or (ii) at the
same point of diversion employed by the development (that
is, bringing "wet water" to the County), or (iii) downstream
of the development, but stili upstream of the in -stream
depletion areas in Pitkin County.
(b) Wildlife Habitat Protection
Considering the extent to which the proposed development will
contribute to the protection of wildlife habitat in Pitkin County by
exceeding the standards of Sec. 7-20-70. The County has
identified the following activity that qualifies as exceeding the
adopted standards:
(1) An applicant could commit to a program that would
enhance or would restore native wildlife habitat that has
been degraded by human or animal activity (for example,
by creating or restoring wetlands and/or riparian habitat).
On-site enhancement is preferred, but where there are no
significant opportunities for on-site enhancement or
restoration, a commitment to enhance or restore other sites
in Pitkin County may be considered.
(2) Applicants may also identify other innovative ways in
which wildlife habitat can be protected in Pitkin County
that would exceed the County's adopted wildlife standards.
Applicants with no mapped or known wildlife habitat on their
entire lot or parcel shall receive a score of two (2) in this category.
(c) Achievement of Community Goals
(1) Open Space Preservation
(a) Considering the extent to which the proposed development will
contribute to the preservation of open space in Pitkin County.
Valued open space that an applicant could preserve includes:
(1) Undeveloped lands that have wildlife, scenic, and other
desirable resource values;
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july 2006 SYSTEM (GMQS) AND TRANSFERABLE
DEVELOPMENT RIGHTS (TDR'S) Page 10
Chapter 0 : Growth Management Quota System (GMQS)
and Transferable Development Rights (TDR's)
(2) Agricultural lands, including those that have been
historically irrigated, used for food, grains or other feed
production, and those used for dry pasture and rangeland;
(3) Lands, or easements over lands, which provide access
to public lands or public waters; and
(4) Other undeveloped lands whose preservation would be
consistent with the adopted Pitkin County Comprehensive
Plan.
(b) Points shall be awarded according to the following schedule:
(1) Zero (0) means the proposed development does not
preserve any of the valued open space within the property.
(2) One (1) means the proposed development preserves
some, but not all of the valued open space within the
property.
(3) Two (2) means the proposed development preserves all
of the valued open space within the property.
(4) If the entire lot or parcel does not contain any valued
open space, the applicant shall receive a score of two (2).
*Note: An Applicant can receive a score of zero (0) in this
category and not be in violation of the Land Use Code.
(2) Hazard Mitigation and Avoidance
Considering the extent to which the proposal mitigates the impacts of
development or avoids locating development in floodplain hazard,
geologic hazard, or wildfire hazard areas, as these areas are described in
Chapter 7 of this Land Use Code. Points shall be awarded according to
the following schedule:
(a) Zero (0) means the proposed development does not comply
with the County's adopted standards for floodplain, geologic, and
wildfire hazard areas.
(b) One (1) means the proposed development complies with the
County's adopted mitigation standards for development in
floodplain, geologic, and wildfire hazard areas, but includes some
development activities on slopes in excess of thirty (30) percent or
in areas subject to severe wildfire hazards.
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July 2006 SYSTEM (GMQS) AND TRANSFERABLE
DEVELOPMENT RIGHTS (TDR'S) Page 11
Chapter 6: Growth Management Quota System (GMQS)
and Transferable Development Rights (TDB's)
(c) Two (2) means the proposed development complies with the
County's adopted mitigation standards for development in
floodplain, geologic, and wildfire hazard areas and includes no
development activities on slopes in excess of thirty (30) percent or
in areas subject to severe wildfire hazards. *Note: An Applicant
can receive a score of zero (0) in this category and not be in
violation of the Land Use Code
(3) Development Below Allowable Density (Only applies to
developments within the Rural Area)
Considering the extent to which the development proposed is less than the
allowable density in terms of numbers of dwelling units (not including
caretaker dwelling units, employee dwelling units, or deed restricted
affordable dwelling units) permitted in the applicable zone district. No
points shall be awarded where density is reduced subject to standards in
Sec. 5-10-20 of the Land Use Code (Reduction in Density for Steep
Slopes.) Points shall be awarded according to the following schedule:
(a) Zero (0) means the applicant proposes development at a
density of seventy-six (76) percent to one hundred (100) percent of
the density allowed by the underlying zone district.
(b) One (1) means the applicant commits to limit development to
fifty-one (5 1) percent) to seventy-five (75) percent of the density
allowed by the underlying zone district.
(c) Two (2) means the applicant commits to limit development to
fifty (50) percent or less of the density allowed by the underlying
zone district.
An applicant shall receive a score of one (1) if there is no
opportunity to reduce density on a property. Note: an Applicant
can receive a score of zero (0) in this category and not be in
violation of the Land Use Code.
(4) Reduction of Visible Mass (Only applies to developments within the
Rural Area) *Note: An applicant can receive a score of zero (0) in this
category and not be in violation of the Land Use Code.
Considering the extent to which the development proposed is less than the
allowable floor area allowed on the property by the underlying zone
district; utilizes some of its allowed floor area to develop sub -grade space;
or is below the allowable height of the underlying zone district. Points
shall be awarded according to the following schedule. Applicants for a
Pitlan County Land Use Code CHAPTER 6 - GROWTH MANAGEMENT QUOTA
July 2006 SYSTEM (GMQS) AND TRANSFERABLE
DEVELOPMENT RIGHTS (TUB'S) Page 12
Chapter 6: Growth Management Quota System (GMQS)
and Transferable Development Rights (TDR's)
new lot or parcel in the Rural Remote Zone District shall receive the
maximum score of six (6) points in this category.
(d) Creative Bonus *Note: An Applicant can receive a score of zero (0) in this
category and not he in violation of the Land Use Code.
The Planning and Zoning Commission may award bonus points to any
development application that meets the overall minimum scoring threshold to
obtain an allocation, as specified in Tables 6-7 and 6-8. Bonus points may be
awarded to an applicant who proposes creative approaches that are consistent with
the purpose and intent of the scoring categories set forth in Sees. 6-50-20 (a), (b),
and (c), and go beyond the standards established in each of the respective
categories. Bonus points may also be awarded for creative approaches that have
not been addressed in any of the scoring categories set forth in Secs. 6-50-20 (a),
(b), and (c), but that are consistent with and help to implement the Pitkin County
Comprehensive Plan. Up to five (5) bonus points may be awarded as follows:
Pitldn County Land Use Code CHAPTER 6 - GROWTH MANAGEMENT QUOTA
July 2006 SYSTEM (GMQS) AND TRANSFERABLE
DEVELOPMENT RIGHTS (TDR'S) Page 13
Final Maximum Floor
Sub -Grade Floor Area
Height
Area
(see note 2)
(see note 3)
(see note 1)
4 Points
Final maximum floor
Less than 20% of the
Proposed structure(s)
area is limited to more
requested floor area
limited to less than
than 75% of that
would be built sub-
15% below the
potentially available to
grade.
maximum allowable
the property.
hei t.
1 Point
Final maximum floor
At least 20% of the
Proposed structure(s)
area is limited to no
requested floor area
limited to at least 15%
more than 75% of that
will be built sub -grade.
below the maximum
potentially available to
allowable height.
the property.
2 Points
Final maximum floor
At least 30% of the
Proposed structure(s)
(Note 4)
area is limited to no
requested floor area
limited to at least 30%
more than 55% of that
will be built sub -grade.
below the maximum
potentially available to
allowable height.
the proputy.
Notes:
1. This calculation is based on the final maximum floor area that is potentially allowed
on the property by the underlying zone district, as specified in Table 5-1.D. See Sec. 5-
20-70 for rules governing measurement of floor area.
2. To qualify as sub -grade, the space must meet the requirements for exempt sub -grade
space in Sec. 5-20-70(g)(1)_
3. To receive points in this category, no portion of any proposed structure can measure
above the stated height limit.
4. Applicants may score points in each of the three categories described in this section,
up to a maximum of 6 points (2 points in each category).
(d) Creative Bonus *Note: An Applicant can receive a score of zero (0) in this
category and not he in violation of the Land Use Code.
The Planning and Zoning Commission may award bonus points to any
development application that meets the overall minimum scoring threshold to
obtain an allocation, as specified in Tables 6-7 and 6-8. Bonus points may be
awarded to an applicant who proposes creative approaches that are consistent with
the purpose and intent of the scoring categories set forth in Sees. 6-50-20 (a), (b),
and (c), and go beyond the standards established in each of the respective
categories. Bonus points may also be awarded for creative approaches that have
not been addressed in any of the scoring categories set forth in Secs. 6-50-20 (a),
(b), and (c), but that are consistent with and help to implement the Pitkin County
Comprehensive Plan. Up to five (5) bonus points may be awarded as follows:
Pitldn County Land Use Code CHAPTER 6 - GROWTH MANAGEMENT QUOTA
July 2006 SYSTEM (GMQS) AND TRANSFERABLE
DEVELOPMENT RIGHTS (TDR'S) Page 13
Chapter 6: Growth Management Quota System (GMQS)
and Transferable Development Rights (TDR's)
(1) One (1) bonus point may be awarded for each creative approach an
applicant proposes that is consistent with the purpose and intent of a
scoring category set forth in Secs. 6-50-20 (a), (b), and (c), and goes
beyond the standards established in that category.
(2) One (1) bonus point may be awarded for each creative approach an
applicant proposes that is consistent with and helps to implement the
Pitkin County Comprehensive Plan.
(3) One (1) bonus point may be awarded to any applicant who proposes to
build affordable housing, rather than pay the Employee Housing Impact
Fee required by Section 8-30 of this Land Use Code. To obtain the bonus
point, the proposal to build the housing shall comply with the County's
adopted affordable housing policies and guidelines in terms of its location
and the type of housing proposed.
Pitkin County Land Use Code CHAPTER 6 - GROWTH MANAGEMENT QUOTA
July 2006 SYSTEM (GMQS) AND TRANSFERABLE
DEVELOPMENT RIGHTS (TDR'S) Page 14
Chapter 6: Growth Management Quota System (GMQS)
and Transferable Development Rights (TDR's)
Criteria
Points
Available
Multiplier
Potential
Score
(a) Im acts on Public and Private Facilities
(1) Fire Protection
0-2
1
2
(2) Road System
0-2
1
2
(3) Transit/Trails
0-2
2
4
)Effect on the Environment
1) Water Resources
0-2
0-2
2
4
(2) Wildlife Habitat Protection
2
0-2 j
1
2
c) Achievement of Community Goals
(1) Open Space Preservation
0-2
(1) Open Space Preservation
0-2
1
2
(2) Hazard Avoidance
0-2
1
2
(d) Creative Bonus
0-5
1
5
Total Points Available (Excluding Bonus)
6
(d) Creative Bonus
18 points
Minimum Threshold to Obtain an Allocation (New Lots)
Minimum Threshold to Obtain an Allocation (Additions)
5
13 points
12 points
Criteria
Points
Available
Multiplier
Potential
Score
(a) Impacts on Public and Private Facilities
(1) Fire Protection
0-2
1
2
(2) Road System
0-2
1
2
(3) Transit/Trails
0-2
1
2
(b) Effect on the Environment
(1) Water Resources
0-2
2
4
(2) Wildlife Habitat Proteetion
0-2
2
4
c) Achievement of Community Goals
(1) Open Space Preservation
0-2
2
4
(2) Hazard Avoidance
0-2
1
2
(3) Development Below Allowable Density
0-2
2
4
(4) Reduction of Visible Mass
0-6
1
6
(d) Creative Bonus
0-5
1
5
Total Points Available (Exclud' Bonus)
30 points
Minimum Threshold to Obtain an Allocation (New Lots)
Minimum Tbreshold to Obtain an Allocation (Additions)
22 points
20 points
(Cade revised (all sections) by Ord. 014-D-2006, 07-05-0; § 6-50-20 (part) amended by
Ord. 021-0, 07-24-07; Ord. 023-07,08-28-0 Ord. 019-09, 06-24-09. Ord. 026-0911-
04 09) —
Pitkin County Land Use Code CHAPTER 6 - GROWTH MANAGEMENT QUOTA
July 2006 SYSTEM (GMQS) AND TRANSFERABLE
DEVELOPMENT BIGHTS (TDWS) Page 15
Chapter 6: Growth Management Quota System (GMQS)
and Transferable Development Rights (TOR's)
6-60: COMMERCIAL/TOURIST ACCOMMODATIONS COMPETITION
SYSTEM
6-60-10: GENERAL
The standards and scoring system in this section are utilized to evaluate applications for
commercial and tourist accommodations allotments submitted pursuant to the procedures
in Sec. 2-40-40. The competitive categories, points available, and minimum competitive
thresholds for commercial and tourist accommodations units are summarized in Table 6-
10 (for commercial development) and Table 6-11 (for tourist accommodations units).
(a) Method of Scoring
Scoring shall be conducted separately for commercial development and for
development of tourist accommodations units.
(b) Proportionality
When scoring an application, the Planning and Zoning Commission should
consider whether each commitment made by the applicant seeking points is
proportional to the size of the allotment being requested. In other words, an
applicant seeking an allotment for a large number of EGDs or tourist units would
be expected to make a proportionately greater commitment to obtain the same
score as an applicant seeking a lesser number of EGUs or units.
6-60-20: STANDARDS FOR SCORING APPLICATIONS FOR COMMERCIAL
AND TOURIST ACCOMMODATIONS ALLOTMENTS
The Planning and Zoning Commission shall consider each application with respect to the
scoring categories described herein, and shall assign points according to the following
schedules:
(a) Impacts on Public and Private facilities
(1) Considering whether an applicant has provided a commitment to
install those public and private facilities that are necessary to serve the
development and may also be of benefit to the surrounding neighborhood.
Points shall be awarded according to the following schedule:
(a) Zero (0) means the proposed facilities do not comply with the
County's adopted standards or do not meet the needs of the project.
(b) One (1) means the proposed facilities comply with the
County's adopted standards and provide for the needs of the
Pitkin County Land Use Code CHAPTER 6 - GROWTH MANAGEMENT QUOTA
July 2006 SYSTEM (GMQS) AND TRANSFERABLE
DEVELOPMENT RIGHTS (TDR'S) Page 16
Chapter 6: Growth Management Quota System (GMQS)
and Transferable Development Rights (TDR's)
project, but do not improve services to the surrounding
neighborhood.
(c) Two (2) means the proposed facilities and improvements
comply with the County's adopted standards, provide for the needs
of the project, and help to solve a problem or resolve a constraint
with existing facilities, or otherwise are of benefit to the
surrounding neighborhood. Any such improvements proposed
must also be consistent with adopted County plans addressing such
facilities.
(2) The types of facilities for which points shall be awarded are as
follows:
(a) Storm Drainage
(1) The degree to which an applicant proposes to manage
storm drainage from the development site and where
applicable, from neighboring properties; and
(2) If the development requires the use of a public or
private drainage system, the commitment of the applicant
to install the necessary improvements to the system and to
maintain the system over the long term.
(b) Fire Protection
Capability of the appropriate fire protection district to provide fire
protection according to its established response standards;
(1) Adequacy of available water pressure and capacity for
providing fire -fighting flows; and
(2) Commitment of an applicant to finance or provide fire
protection facilities that may be necessitated by the project
or that may improve fire protection capabilities in the
neighborhood, including but not limited to fire hydrants,
water storage tanks or ponds, and specialized fire fighting
vehicles or equipment.
(c) Road System
(1) Capability of the public road network to provide for the
needs of the proposed development within acceptable
levels of safety, as defined in the Pitkin County Asset
Management Plan; and
Pitkin County Land Use Code CHAPTER b - GROWTH MANAGEMENT QUOTA
July 2006 SYSTEM (GMQS) AND TRANSFERABLE
DEVELOPMENT RIGHTS (TDR'S) Page 17
Chapter 6: Growth Management Quota System (GMQS)
and Transferable Development Rights (TDB's)
(2) Applicant's commitment to finance or provide
necessary road system improvements attributable to the
proposed development or to improve road capacity or
safety in the neighborhood.
(d) Transit and Trail Systems
(1) Whether the proposed development site is located in
proximity to existing transit routes and trail systems and
whether appropriate on-site connections are made to these
routes and trails;
(2) Capability of the transit system to accommodate the
proposed development without the need for additional
facilities or route shifts;
(3) Commitment of the applicant to finance or provide
capital improvements (such as a bus, bus shelter, or trail
connection) that enhance the ability of the transit or trail
system to serve the proposed development, or to provide an
easement for a trail that has been identified in the Pitkin.
County Comprehensive Plan; and/or an easement for a trail
that's generally been identified as a public access need.
(b) Quality of Design
(1) The Planning and Zoning Commission shall consider each
application's exterior design and rate each development by assigning
points according to the following system:
(a) Zero (0) means a deficient design or a design with a major
flaw.
(b) One (1) means an acceptable (but standard) design.
(c) Two (2) means an excellent design.
(2) The types of design features for which points shall be awarded are as
follows:
(a) Site Design
Considering the quality and character of the proposed site plan,
including but not limited to the following elements:
Pitkin County Land Use Code CHAPTER 6 - GROWTH MANAGEMENT QUOTA
July 2006 SYSTEM (GMQS) AND TRANSFERABLE
DEVELOPMENT RIGHTS (TAR'S) Page 18
Chapter 6: Growth Management Quota System (GMQS)
and Transferable Development Rights (TDR's)
(1) Quality and character of the proposed landscaping and
open space areas;
(2) Degree to which natural vegetation is preserved;
(3) Provision of pedestrian amenities (paths, sitting areas,
outdoor recreation areas, construction of connections to
existing trails or walks) that enhance the design of the
development and provide for the needs of customers and
employees;
(4) Provision of automatic, in -ground irrigation systems
for all landscaped areas that require irrigation;
(5) Use of reclaimed grey water for landscape irrigation;
(6) 100% balance of cut and fill on-site;
(7) Orientation of development to accommodate active
solar gain; and
(S) Orientation of development to accommodate passivbe
solar gain.
(b) Parking and Circulation
Considering the quality and efficiency of the internal circulation,
parking lot design, trash areas, service vehicle access, loading
areas, and snow storage areas. Considering whether design
features have been proposed to screen parking and service areas
from public views. Considering whether the design avoids the
potential for conflicts between vehicle circulation and pedestrian
circulation areas, or between vehicle circulation, vehicle parking
and service loading and delivery areas.
(c) Visual Impacts
Considering the extent to which the applicant uses mitigating
techniques such as siting, buffering, natural topography and
vegetation and setbacks to offset the visibility of the project (man-
made berms are not encouraged), and whether the height of the
proposed project is consistent and compatible with that of
surrounding buildings. Only reductions in height beyond those
standards required by Table 5-1, and by Chapter 7 shall receive
points.
Pitkin County Land Use Code CHAPTER 6 - GROWTH MANAGEMENT QUOTA
July 2006 SYSTEM (GMQS) AND TRANSFERABLE
DEVELOPMENT RIGHTS (TDR'S) Page 19
Chapter 6: Growth Management Quota System (GMQS)
and Transferable Development Rights (TDR's)
(d) Guest Amenities (Only Applies to Tourist Accommodation
Development)
Considering the extent to which the project provides facilities for
its guests, including, but not limited to, on-site common meeting
areas such as lobbies and conference areas, on-site dining facilities,
and on-site recreational facilities. *Note: An Applicant can receive
a score of zero (0) in this category and not be in violation of the
Land Use Code.
(c) Achievement of Community Goals
(1) Employee Housing *Note: An applicant can receive a score of zero
(0) in this category and not be in violation of the Land Use Code.
Considering the commitment of the applicant to exceed the requirements
of Sec. 8-30 of this Land Use Code, Employee Housing Impact Fee.
According to this section, an applicant for commercial development or for
historic/standard tourist lodge accommodation units and luxury
tourist/lodge accommodation units is required to mitigate for one hundred
(100%) percent of the project's employee housing impacts. An applicant
shall receive up to three (3) points for committing to exceed this
requirement, according to the following schedule:
(2) Alternative Transportation Techniques
Considering the commitment of the applicant to provide: employee
transportation services (such as van pools, bus passes) at no cost to
employees; guest transportation services (applicable to tourist
accommodations only); facilities that will encourage bicycling by
employees (such as secure bicycle storage, showers, lockers); or other
Pitkin County Land Use Code CHAPTER 6 - GROWTH MANAGEMENT QUOTA
July 2006 SYSTEM (GMQS) AND TRANSFERABLE
DEVELOPMENT RIGHTS (TDWS) Page 20
Employee Housing Im acts Mitigated...
Points Awarded
Commercial Development and Historic/Standard Tourist Lodge
Accommodation Units
100%
0 points
110%
1 oints
120%
2 points
130%
1 3 points
Luxury Tourist/Lodge Accommodation Units
100%
0 points
110%
1 points
120%
2 points
130%
3 points
(2) Alternative Transportation Techniques
Considering the commitment of the applicant to provide: employee
transportation services (such as van pools, bus passes) at no cost to
employees; guest transportation services (applicable to tourist
accommodations only); facilities that will encourage bicycling by
employees (such as secure bicycle storage, showers, lockers); or other
Pitkin County Land Use Code CHAPTER 6 - GROWTH MANAGEMENT QUOTA
July 2006 SYSTEM (GMQS) AND TRANSFERABLE
DEVELOPMENT RIGHTS (TDWS) Page 20
Chapter 6: Growth Management Quota System (GMQS)
and Transferable Development Rights (TDR's)
alternative transportation solutions that the Planning and Zoning
Commission finds to be consistent with the intent of this scoring category.
Points shall be awarded according to the following schedule:
(a) Zero (0) means the applicant does not propose to employ
alternative transportation techniques as part of the project.
(b) One (1) means the applicant proposes to employ alternative
transportation techniques as part of the project, the extent and type
of which are determined to be standard for a project of its size and
type. *Note: An Applicant can receive a score of zero (0) in this
category and not be in violation of the Land Use Code.
(c) Two (2) means the applicant proposes to employ alternative
transportation techniques as part of the project, the extent or the
type of which are determined to be exceptional for a project of its
size and ty e.
Criteria
Points
Available
Multiplier
Potential
Score
Criteria
Points
Available
Multiplier
Potential
Score
a) Availabilit of Facilities
1
2
(2) Fire Protection
(1) Storm Drainage
0-2
1
2
2 Fire Protection
0-2
1
2
(3) Road System
0-2
1
2
(4) Transit/Trails
0-2
2
4
(b) Quality of Design
(1) Site Desi
0-2
2
4
(2) Parking and Circulation
10-2
0-2
2
4
(3) Visual Tmpacts
2
4
(c) Achievement of Community Goals
1 Affordable Housing
0-3
2
6
(2) Alternative Transportation Modes
1
0-2
2
4
Total Points Available
32 points
Minimum Threshold to Obtain an Allocation
24 points
Criteria
Points
Available
Multiplier
Potential
Score
{a Impacts acts on Public and Private Facilities
(1) Storm Drainage
0-2
1
2
(2) Fire Protection
0-2
1
2
(3) Road System
0-2
1
2
(4) Transit/Trails
0-2
2
4
(b) Quality of Design
Pitkin County Land Use Code
July 2006
CHAPTER b - GROWTH MANAGEMENT QUOTA
SYSTEM (GMQS) AND TRANSFERABLE
DEVELOPMENT RIGHTS (TDR -S)
Page 21
Chapter 6: Growth Management Quota System (GMQS)
and Transferable Development Rights (TOR's)
(Code revised (all sections)by Ord. 014-d-2006, 07-05-0; § 6-50-20 (part) amended by
Ord 021-0,07-24-0 Ord 023-07,08-28-0 019-09, 06-24-09J
Pitkin. County Land Use Code CHAPTER 6 - .GROWTH MANAGEMENT QUOTA
July 2006 SYSTEM (GMQS) AND TRANSFERABLE
DEVELOPMENT RIGHTS (TDWS)
Page 22
Criteria
Points
Available
Multiplier
Potential
Score
(1) Site Desi
0-2
2
2
(2) Parking and Circulation
0-2
2
4
3) Visual Impacts
0-2
1 2
14
4 Guest Amenities
1 0-2
1
2
(c) Achievement of Community Goals
(1) Affordable Housing
0-3
2
6
(2) Alternative Transportation Modes
0-2
2
4
Total Points Available
34 points
Minimum Threshold to Obtain an Allocation
26 points
(Code revised (all sections)by Ord. 014-d-2006, 07-05-0; § 6-50-20 (part) amended by
Ord 021-0,07-24-0 Ord 023-07,08-28-0 019-09, 06-24-09J
Pitkin. County Land Use Code CHAPTER 6 - .GROWTH MANAGEMENT QUOTA
July 2006 SYSTEM (GMQS) AND TRANSFERABLE
DEVELOPMENT RIGHTS (TDWS)
Page 22
2 — Review and Approval Procedures
2-30: STANDARD REVIEW AND APPROVAL PROCEDURES
2-30-10: REVIEW AND APPROVAL PROCEDURES SUMMARY TABLE
Table 2-1 below summarizes the review, decision-making, and appeal bodies for each specific type of land
use and building approval in Pitkin County. The following abbreviations are used_
R = Review Body
D = Decision -Making Body
Staff = Community Development
ABRC = Agricultural Building
Staff
Review Committee
-Department
A = Appeal Body
< > = Public Meeting or Hearing
RHPC = Redstone Historical
Required BOA = Board of
Preservation Committee
Adjustment
M = Mailed Notice Required
N = Newspaper (published) Notice
P&Z = Planning and
Required BOCC = Board of County
Commission
Commissioners
-Zoning
P = Posted (sign) Notice Required
BOGG
Land Use Cade Section
Public
e -App.
eview, Decision -Malting, and Appeal Authority
Lapsing
otice
a uired
< > = Public Hearin Required
A
10 years
(Without Vested Ri bt)
Sift
ABRC
�Ho
RHPC
BTO
BOGG
Activity Envelope
✓
A
Review Body; D = Decision -Making Body; A = Appeal Body; < > = Public Meeting or Hearing Required;
114 — A/MailPd Mnfl RPnnirarl N=NvwcnanPr (nnhlichPril Nntirer Rer drerl• P = Pncted (-ion) Notice Renuired O= 0hiection Bodv
ADMINISTRATI\T RFV�EWS
Activity Envelope
Sec. 2-30--)()
D
A
10 years
(Without Vested Ri bt)
Activity Envelope
✓
A
10 years
(With Vested Right)
,M
Agricultural Stand
✓
D
A
10 years
R
if in VR or
Building Permit
✓D
VC
or within
1000 ft
Caretaker Dwellft Unit
,M✓
D
A/O
3 ears
Certificate of Appropriateness
A
one
for Historic Re is Property
Certificate of No Effect for
✓
A
one
Historic Re is Pra e
Demolition Certificate for Historic
✓
A
one
Properties
Demolition Extensions
✓
A
6 months
Energy Storage not Based on Battery
A
l0 years
Technology
Flexibility for Agricultural Support
R
IA
13 years
Pitkin County Land Use Code CHAPTER 2 - REVIEW AND APPROVAL PROCEDURES
July 2006 Page 1
Chapter 2 Review and Approval Procedures
Use Code Section
ublic
Pre -App.
eview, Decision -Making, and Appeal Authority
otice
a wired
<> = Public Hearin Required Lapsing
Staff SRC HO RHPC A IP&Z BOCC
7under
ed Solar Energy Collectors
f an Acre of Land Used
A 10 years
xemption Not Listed
Elsewhere
✓
A one
Minor Amendment to a
Development Permit or
= Original Decision-
A Does Not Alter
—Approval
Making Body
Original Lapsing
Major Amendment to a
Same
Development Permit or
otice
D or <D> = Original
Same as Approve
Approval Where Original
s
V"ecision-Making
Body and
A or Permit
Approval was by Administrative
riginal
riginal Hearing Reqt.
mended
Review
eview
Satellite Reception Devices
✓
A 1 year
Signs
A 1 year
Site Grading, Earthmoving (> 50
cubic yards), Vegetation
Removal, Grubbing and
✓
A I year
Clearing
R (for
Site PIan
✓
agricultural
(With Vested Right)
'P
ri
buildings
A 10 years
only)
Special Review for Commercial
Recreational
Jsc on County -owned property or roads if
✓
D
A one unless state
)elow thresholds established in Sec. 4-30-
in approval
40( )(3)(a)
Subdivision Pxeml)le
juju -just---
-
--
t
---____---LotLine Adjustme-___---
✓u--�---
- -- ----
--------------------------
----------- --juju-- -----------------
---
Minor Plat Amendm✓
--juju--
- juju-
----
------juju--
------------ --------juju--
--- ----- p - _one - l
A one
Temporary Land Use and vities
✓
D
A 1
Special Events✓
ear
A 1 year
Transfer of Developmeht
.......... (Sce_also Sec. 2.40-
---
--juju--
of TDR Certe
�------
--------juju----------juju--
--___ juju- --juju-- -Issuance
for Sale from_Sendings---------
D
-------
Ise of TDR Certificate for Adnal FloorArea
-------
------juju--
----
------juju--
------juju----------juju--
juju- -__-- --juju-- -----------------
on a Lot/Parcel withinAspen
✓Urban
A one
------ GrowthBoundar--------
-juju--
------juju--
Use of TDR Certificate for tional
----
------juju--
------juju----------juju--
juju- juju- --juju---------------
Floor
krea on a Lot in a Subdivision in the Rural
✓
D
A one
Area
listed in Sec. 6-30-50(b)(2)(a)
Water Crossingor Diversion
✓
A one
Wind Powered Ener Generators
,P
D
A 10 ears
Areas and Activities of State Interest —
Findingof No Si nificant Impact
D
A
Pitkin County Land Use Code CHAPTER 2 - REVIEW AND APPROVAL PROCEDURES
July 20€16 Page 2
Chapter 2 Review and Approval Procedures
Land Use Code Section
ublic
P --App-
Decision -Making, and Appeal Authority
apsing
oticeublic
Hearin Required
RC
HO
RHPC
A
P&Z
BOCC
ONT-S
I_FP
REVIEWS
Sec. 2--10-30
Designation to or Delisting from HistoricFPmF
<D>
one
Register
,
activity Envelope and Site Plan Review for
✓
R
<D>
10 years
Stream Restoration Projects
,M
Extension/
✓
R
D
Reinstatement of Vested Ri hts
Ground Mounted Solar Energy Collectors
P
✓
D
A
10 years
over 1110 of an Acre of Land Used
'
around Mounted Solar Collectors over 117
P
✓
<D>
A
10 years
of an Acre of Land Used
GMQS Exemption for -
------------
----
------------
------------
--------------
-----
-----
- - -�_--
None
---_______-------
One Additional Dwelling Unit
on a Property Designated to the Historic
N,P,M
✓
<D>
None
-----_- Re ister
Change in Use of Historic- Structure
,P,M
✓
<D>
one
Civic or Institutional Use
_
NAM
-----------
✓
----
------------
----------------------------------
--------
<D>
-----------------
one
One Single Family Dwelling on
N,P,M
<D>
one
500* Acre Parcel
Historic Incentives for Historic Register
P,M
✓
<D>
one
Properties
Location and Extent Review
'P'M
✓
R
<D>
one
Major Amendment to Development Permit
D Original
Same as ApprovE
or
Approval
,P,M
✓
Decision -Malting
r Permit
Body
ended
Non -Conforming Use or Structure,
Restoration or Expansion with Minor
N,P,M
R
<D>
I year
Building Modifications
Road and Easement Vacations
N,P,M
R
<D>
one
Special Review Uses
one unless state
(See also Sec. 4-20 Use Table and Sec. 2-
,P,M
✓
R
<D>
in approval
40-20)
Special Events Venue
IPM✓
<D>
1 year
Special Review for Commercial
one unless state
Recreational Use on County -owned
in approval
ro ert or roads
p
-------------I'- --I---------______---------
--------
------------
---
-----------
-----------
--------------
-----
If below thresholds established in
P M
"-<D>
A
_.4-30-40 (-)(3)�b}
___ Sec -----------
-------
--------
------------
------------------------------
--------------------------
--------
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If above thresholds established in
M
✓
R
<D>
Sec. 4-30-40{ 3)(c)
,P
SubdivisionExernption_for ---------
-------
------------
-----------------
------------
--------------------------
--------
-----------------
Fully Developed Lands -------
'P'M
- ------
✓
------------
------------------------------
--------------------------
<D>
A
--
None
-----------------
New Lots in VC and VR Zone Districts
AM
✓
------------
--------------------------
<D>
A
--------
one
-----------------
---------------------------------------------
arcelsfor Corrununity and Public Facilities
--------
------------
-----------------
and
AM
✓
<D>
one
Open Space
Pitkin County Land Use Code CHAPTER 2 - REVIEW AND APPROVAL PROCEDURES
July 2006 Page 3
Chapter 2 Review and Approval Procedures
For exam le, if an activity envelope is approved to remedy a takings, the approval will expire after 10 years.
Pitkin County Land Use Code CHAPTER 2 - REVIEW AND APPROVAL PROCEDURES
July 2006 Page 4
ublicre-App.
eview, Decision -Making, and Appeal Authority
Land Use Code Section
otice
a uiredV
> = Public Heariun Re uired
apsing
Staff
A.BRC
HO
RHPC
BO
P&Z
BOCC
Separation of Platted Sub -Standard Size
Lots
,P,M
R
<D>
A
one
(See also See. 9-20-030)
etermined
Takings Determination
✓R
Dy
remedy
roved]
Transfer of Development Rights
----------(See-also - Sec. - 2-40-30) -----------
---
;suance of TDR Certifiate for Constrained
P,M
R
<D>
one
Site
ssuance of TDR Certificate(s) for Limited
N.P M
R
<D>
--- Development Conservation Parcels-----
-----------------------------------------
------------
--
rse of TDR Certificate far Additional Floor
xea on a Lot/Parcel in the Rural Area NOT
,P,M
R
<D>
A
None
___listed in Sec. 6-3.0-50(6}{2)(a)
__
Ise of TDR Certificate for Additional Floor
Area on a Lot/Parcel with a Base Square
Footage
N,P,M
✓
<D>
A
None
.11otment Granted via Growth Managers en
Com etition
----- p--------- -----
--------
-----------
----
-----------
-----------
--------------------------
--------
-----------------
Use of TDR Certificate to Create
Development
AM
✓
<D>
one
Right
Variance of Height or Setback
M
✓
<D>
A
i year
See also Sec. 2-40-90)
,P
ariance for Historic Preservation Incentive
P M
✓
<D>
A
1 year
(See also Sec. 7-20-100{ )(2)(b)
Variance of Sign Setback or Number
P,M
<D>
A
1 year
See also See. 2-40-100)
Solar Facility
,P,M
I<D>
10 years
Condominium and Cooperative
Conversions,
,PIM
✓
R
<D>
one
Timeshare Developments
onservation Development PUD CD -PUD)
'P'M
✓
R
<D>
one
GMQS Exemption for Construction of
affordable Housing Located Outside of the
,P,M
✓
R
<D>
None
AH Zone
GMQS Scoring & Allotments
A ate%
wars
(See also Sec. 24040)
D
Land Use Code Amendments (See also
Sec.2-
✓
R
<D>
one
40-10)
LIR or TR -2 Cluster Option Devt.
✓
R
<D>
one
(See also Sec. 2-40-70)
'P'M
1'P'M
Micro Hydroelectric Energy System
✓
R
<D>
110 years
For exam le, if an activity envelope is approved to remedy a takings, the approval will expire after 10 years.
Pitkin County Land Use Code CHAPTER 2 - REVIEW AND APPROVAL PROCEDURES
July 2006 Page 4
Chapter 2 Review and Approval Procedures
Land Use Code Section
ublic
re -App.
eview, Decision -Making, and Appeal Authority
Lapsing
otice
a aired
< > = Public He Re uired
Staff
ABRC
HO
RHPC
A
P&Z
BOCC
VLP, P-1 and SKI-REC
Master Plans and Amendments
AM
✓
R
R
<D>
one
(See also Sec. 2-40-80)
Rezonings to Zone Districts Other Than a
✓
'UD Zone District (See also Sec. 2-40-10)
P M
R
<D>
one
Site Selection for Activities of Local and
State
Interest
AM✓
R
<D>
5 yrs.
See also Sec. 2-40-120)
Solar Farm
'P'M
R
<D>
10 years
Subdivision Exemption for Major Plat
P,M
✓
R
R
<D>
one
Amendment
Areas and Activities of State Interest
.P.M.
S11131DIVISION
✓
IN
LIR
R
<D>
Detailed and Final (See also Sec. 2-40-70)
AFFORI)ABI..F
P,M
✓
oi`f'R-21
�BD[\/]SfON
DIS-FRICT
Sec. 2-40-70
R
<D>
INone
UDs for AH/PUD Zone District and PUDs
HOUSING
PUD
AND St
PROCESSS"ec.2-40-60
;ontaining AH Units in Any Zone District
(See also Sec. 2-40-60)
----------- - - --- -------------
--------
------------
------------------------------
---------------- Conceptual ------_ ---------
P,M
--'------
✓
------------
------------------------------
--------------------------
--------------
R
<D>
--------[one
----------------
year-
Final
D
Subdivisions of Land and Rezonings to
PUD zone districts
(See -also -Sec, -2-40-50)
Conceptual - - -
- -
'P' -M
✓
------------I
R
<D>
1 Year
Detailed------------------
------------------
---'P'M
-
R_--
<D7---
]year------------
inal Plat
----
------------
------------
--------- -
-
D
one
(Code repealed and reenacted (all sections) by Ord. 014-D-2006, 07-05-06; Table .2-1(part)
Pitkin County hand Use Code CHAPTER 2 - REVIEW AND APPROVAL PROCEDURES
July 2006 Page 5
Chapter 2 Review and Approval Procedures
2-30-40: TWO-STEP REVIEW PROCEDURES
(a) General
The Two -Step Review procedure applies to decisions for which development permits may be issued
after review by the Planning and Zoning Commission and by the Board, as shown in Table 2-1.
(b) Applicability
The Two -Step Review procedure is used for the types of decisions listed under Two Step Review in
Table 2-1.
(c) Pre -Application Meeting
A pre -application meeting pursuant to Sec. 2-20-30 is required for those two- step review applications
indicated in Table 2-1.
(d) Initiation
Applications for Two -Step Review are initiated by filing the submission materials referenced in Pitkin
County Land Use Application Manual with the Community Development Department. No application
shall be reviewed until a determination of completeness has been made pursuant to Sec. 2-20-70. After
the application has been determined to be complete, the Community Development Department shall
schedule a public meeting before the Planning and Zoning Commission. Following the completion of
the public meeting by the Planning and Zoning Commission, the Community Development Department
shall schedule a public hearing for the application pursuant to Sec. 2-20-80. Public notice for the public
hearing shall be provided pursuant to Sec. 2-20-100.
(e) Relationship to GMQS and TDRs
Applications for Two -Step Review may require receipt of a GMQS allocation and/or purchase of a TDR
for approval if they involve development on a lot or parcel that does not have development rights
attached to it or the construction of a house larger than the base maximum size permitted by Table 5-1.
(f) Staff Review and Recommendation
The Community Development Department shall review the application and make a recommendation
pursuant to Sec. 2-20-40.
(g) Recommendation by Planning and Zoning Commission
(1) All Applications Except GMQS Allotments
The Planning and Zoning Commission shall review the application and the staff
recommendation, shall hold a public meeting on the application, and shall make a
recommendation to approve, approve with conditions, or deny the application. A
Pitkin County Land Use Code CHAPTER 2 - REVIEW AND APPROVAL PROCEDURES
July 2006 Page 6
Chapter Z Review and approval Procedures
recommendation of denial shall specify the approval criteria that have not been met. The
Planning and Zoning Commission may document its recommendation by recording a resolution
with the County Clerk and Recorder.
(2) Applications for GMQS Allotments
The Planning and Zoning Commission shall review the applications and the staff
recommendations, shall hold a public hearing on the applications, and -shall score the
applications pursuant to the GMQS criteria in Chapter 6, and shall award GMQS Allotments.
The Planning and Zoning Commission may -shall document its decision by
recording a resolution with the County Clerk and Recorder.
(h) Action by Board
(1) All Applications except GMQS Allotments
The Board shall review the application, the staff recommendation, and the Planning and Zoning
Commission recommendation, shall conduct a public hearing on the application pursuant to Sec.
2-20-110, and shall make a decision to approve, approve with conditions, or deny. A denial of
the application shall be in writing, and shall specify the approval criteria that have not been met.
The Board shall document its decision in a resolution recorded with the County Clerk and
Recorder.
(2) Applications for GMQS Allotments
The Board shall receive- _the resolution awarding GMQS Allotments from seeriirenrthe
m
Planning and Zoning Comission at the next Regular Meeting following the Planning and
Zoning Commission adoption, and shall have the opportunity to Mpeal the award
allotmefAs in aeeOFdanee with that seefing unless an appeal has been filed pursuant to Sec. 2-20-
180 and 6. In the event that either the BOCC or any other party having the right to appeal the
Planning and Zoning Commission decision does so appeal, the BOCC shall hear the appeal and
take action before the Planning and Zoning Commission resolution can be acted upon., °moi
b '
QS allotmefAs pur-suaiA to thesearing. if there is ne appeal en the v
(i) Criteria for Approval
(1) General
An application for Two -Step Review shall be recommended for approval and shall be approved
if it complies with (a) all applicable provisions of this Land Use Code, (b) all applicable Land
Use Policies listed in Sec. 1-60, and (c) all prior development approvals applicable to the subject
property.
(2) Subdivision Exemption for Major Plat Amendments
Pitkin County Land Use Cade CHAI'TER 2 - REVIEW AND APPROVAL PROCEDURES
July 2006 Page 7
Chapter 2 .Review and Approval Procedures
A subdivision exemption for major plat amendment may be permitted subject to compliance with
the standards in this section.
(a) Amendments shall be consistent and compatible with the surrounding neighborhood.
(b) Additional community impacts resulting from the amendment shall be completely
mitigated by the applicant.
(c) The amendment must comply with the standards of this Land Use Code whichever
are applicable.
(d) In no case shall a major plat amendment be utilized to increase the number of lots on
a plat.
(3) GMQS Scoring and Allotments
Applications for GMQS allotments shall be scored pursuant to Chapter 6 of this Land Use Code.
(4) SKI-REC and P -I Master Plans
Applications for approval of Master Plans in the SKI-REC and P -I zone districts shall be
approved if they are consistent with Section 2-40-100, the goals and objectives of the Pitkin
County Comprehensive Plan, and limit adverse impacts on surrounding properties, on the
transportation system, and public facilities of the County and municipalities to the maximum
extent practicable.
(j) Vested Right
The Two -Step Review process will result in the creation of a vested right pursuant to Sec. 2-20-170 in
the following situations only:
(1) When the Board approves a rezoning to a Planned Unit Development (PUD) zone district,
either before or after the 5th of July, 2006.
(2) When the Board approves a final subdivision plat, either before or after July 5, 2006.
(3) When the application is for a major amendment to a Site Specific Development Plan (as it
was defined before the 5th of July, 2006) approved prior to the Sth of July, 2006.
(4) When the application is for a major amendment to a Site Specific Development Plan
pursuant to Sec. 2-20-150 after issuance of a development permit and after the 5th of July, 2006.
(k) Appeal
Decisions made pursuant to the Two -Step Review process may be appealed to those bodies identified in
Table 2-1 pursuant to Sec. 2-20-180.
Pitkin County Land Use Code CHAPTER 2 - REVIEW AND APPROVAL PROCEDURES
July 2006 Page 8
Chapter 2 Review and Approval Procedures
2-40: SPECIALIZED REVIEW AND APPROVAL PROCEDURES
2-40-40: GROWTH MANAGEMENT QUOTA SYSTEM
SCORING / ALLOTMENTS
Growth Management Quota System (GMQS) scoring and allotments are completed through the Two -Step
Review process described in Sec. 2-30-40, but are subject to several specialized provisions. These provisions
supplement those provisions in Sec. 2-30-40, and in case of conflict, these provisions govern.
(a) General
All development that requires a building permit in Pitkin County is required to either: (a) obtain an
exemption from GMQS system; or (b) compete for GMQS development allotments_ This section sets
forth the procedures relating to this requirement.
(b) Procedure for Competition for Development Allotments
In addition to the provisions of 2-30-40, the following shall apply. An applicant who is not eligible for
any of the exemptions in Sec. 6-30 shall be required to compete for development allotments through the
following process:
(1) Initiation of Applications
(2) Amendment of Applications
Only one application may be made per parcel each year. Applications may be amended to make
technical corrections or clarifications prior to competition and scoring of the applications.
Otherwise no application May be revised or amended once the application has been filed.
Similarly,commitments made in an a lication for GMQS allotments shall not be withdrawn or
undone at any time following filing of the application, including during the Planning and Zonin
Pitkin County Land Use Code CHAPTER 2 - REVIEW AND APPROVAL PROCEDURES
July 2006 Page 9
TYPE OF
..ANNUAL SUBMISSION
DEVELOPMENT
DEADLINE
Residential Development:
September 1
New Lots
Residential Development:
January 15; if Al allef. iei is afe
Additions
not afd@d i this , pet;tie
the the bi annual st,bmissiofi
Commercial Development lNovember
15
Tourist Accommodations
October 1
Units
(2) Amendment of Applications
Only one application may be made per parcel each year. Applications may be amended to make
technical corrections or clarifications prior to competition and scoring of the applications.
Otherwise no application May be revised or amended once the application has been filed.
Similarly,commitments made in an a lication for GMQS allotments shall not be withdrawn or
undone at any time following filing of the application, including during the Planning and Zonin
Pitkin County Land Use Code CHAPTER 2 - REVIEW AND APPROVAL PROCEDURES
July 2006 Page 9
Chapter 2 Review and Approval Procedures
Commission review of theapplication; except in the circumstance where the applicant elects to
forego the award of the GMQS allotment in addi on, if no eompefing applieations have then
been filed, applisations may also be ameoded to make other ehanges, so leng as flfiese -ehaiiges de
competing applioations have been tiled, enly ameiidmei4s to make teehnmieal changes niay be
raring of the � t
���»»e prior ry vviui/y c;4}Vll and Ji.�
(c) Recommendation by Planning and Zoning Commission
In addition to the provisions of Sec. 2-30-40(g)(2), the following shall apply:
(1) Meeting for Collective Review
The Planning and Zoning Commission shall meet to consider all applications for development
allotments at a noticed public hearing_ Applications for development allotments shall be
considered collectively based on the type of development proposed (e.g., residential, commercial
or tourist accommodation). The meeting shall be conducted as set forth in the Pitkin County
Land Use Application Manual.
(2) Procedure for Scoring GMQS Applications
After the public hearing is officially closed, the Planning and Zoning Commission shall consider
and either (i) score each application based upon the scoring standards in Chapter 6, or (ii) by
unanimous vote of the Planning and Zoning Commission, decide to adopt the scoring
recommended in the staff report from the Community Development Department. If the Planning
and Zoning Commission chooses to score the applications itself, the following scoring
procedures shall be adhered to:
(a) Scoring Based on Whole Numbers
Based upon the scoring standards in Chapter 6, each voting Planning and Zoning
Commissioner shall award a whole number score (not a fractional number) to the
application(s) on the score sheets provided by the Community Development Department.
(b) Discussion of Scoring
Following the initial scoring, Commission members shall be free to discuss individual
scores and to offer justification for such scores. Staff may make comment during this
discussion, but no member of the public or the applicant may be permitted comment.
(c) Restoring
Following the close of Planning and Zoning Commission discussions regarding initial
scoring, a final scoring round will be held, during which each Commission member shall
again identify the number of points, expressed as whole numbers, assigned to the project.
Pitkin County Land Use Code CHAPTER 2 - REVIEW AND APPROVAL, PROCEDURES
July 2006
Page 10
Chapter 2 Review and approval Procedures
Planning and Zoning Commission members shall be free to revise the number of points
awarded to a project between the preliminary and final scoring rounds.
(d) Calculation of Final Score
After the close of the final scoring round, a project's final average score shall be
calculated by: (a) totaling the Commissioners' individual scores; and (b) dividing that
total by a number equal to the number of commissioners who participated in the final
scoring round. Final average project scores shall be calculated for each of the applicable
growth management scoring criteria and a cumulative score shall be calculated for the
criteria as a whole. The final average cumulative score shall constitute the project's final
score.
(e) Ranking of Applications
Projects shall be ranked in order of their final average scores.
(f) Tie -Breaking
In the event of a tie in the scoring of any applications, the Planning and Zoning
Commission shall consider the projects' scores without the bonus points provided in
Chapter 6 to break a tie among applications that meet the applicable competitive
thresholds.
(g) Ado t Resolution Awarding Allotments
Upon completion of scoring, the Planning and Zoning Commission shall adopt a
resolution awarding the GMQS allotments based on the scoring and subsequent rankin
of each application.
Development allotments are effectively denied by any scoring that fails to award the
minimum number of points per category and/or the total required threshold points,
Development allotments_ may also be denied if a project that met the minimum scoring
criteria is ranked below a pLoject Consuming the Iast available allotments for the year.
Forward Ranking and Final Score to Board of County Commissioners
The PPlanning and
Zoning Commission resolution awarding the allotments seore shall then be forwarded
engin to the B®CC at its next regular meetingeffd. ✓
(d) Action by Board
In addition to the provisions of Sec. 2-30-40(h)(2), the following shall apply. Upon receipt of the
Planning and Zoning Commission resolution forwarding their- _,....a... ,,, 4-fi al ,,,,, „ ; *�-� nn a r
Pitkin County Land Use Code CHAPTER 2 - REVIEW AND APPROVAL, PROCEDURES
July 2006 Page AL
Chapter 2 Review and Approval Procedures
resolut, H, alLa 49 the eligible applioant the award of
allotments, the BOCC pLa
(1) Appeal the award of allotments as provided by Sec. 2-20-180 and Subsection e of this
Section 2-40-40. Alletmen4s AwaWed Based on Ranking
(24) Multi -Year Allotments for Commercial or Tourist Accommodations
In the case of applications for GMQS allotments for commercial or tourist accommodation
development, the Board may award a multi-year allotment if the application meets the following
standards:
(a) The quality of the proposed development substantially exceeds the minimum
threshold for scoring established in Chapter 6.
(b) The site design of the proposed development makes construction phasing infeasible.
This requires but is not limited to a demonstration that (1) economies of scale will result
from construction occurring at once; (2) the proposed development is a single building
that cannot easily be constructed or operated in phases; and (3) the public facility
investments for the proposed development such as roads, airport facilities, water and
sewer shall all be installed at the initiation of the project, making phasing economically
unrealistic.
(c) The impacts of construction of the proposed development on the surrounding
neighborhood will be reduced by the construction at one (1) time rather than phasing it
over two (2) or more construction periods and such impacts can be tolerated by the
County.
(d) The County is capable of absorbing the accelerated rate at which impacts on services
and public facilities will be experienced. It shall be considered sufficient evidence of
service and public facility availability if it can be demonstrated that sufficient capacity is
available in the following public facilities to accommodate the County's planned rate of
growth and the accelerated rate due to the proposed development: (1) transportation,
including, airport, roads, transit and parking; (2) utilities including, water, sewer, electric,
Pitkin County Land Use Code CHAPTER 2 - REVIEW AND APPROVAL PROCEDURES
July 2006 Page 12
Y
_v
- MEWTIM
AU y
(24) Multi -Year Allotments for Commercial or Tourist Accommodations
In the case of applications for GMQS allotments for commercial or tourist accommodation
development, the Board may award a multi-year allotment if the application meets the following
standards:
(a) The quality of the proposed development substantially exceeds the minimum
threshold for scoring established in Chapter 6.
(b) The site design of the proposed development makes construction phasing infeasible.
This requires but is not limited to a demonstration that (1) economies of scale will result
from construction occurring at once; (2) the proposed development is a single building
that cannot easily be constructed or operated in phases; and (3) the public facility
investments for the proposed development such as roads, airport facilities, water and
sewer shall all be installed at the initiation of the project, making phasing economically
unrealistic.
(c) The impacts of construction of the proposed development on the surrounding
neighborhood will be reduced by the construction at one (1) time rather than phasing it
over two (2) or more construction periods and such impacts can be tolerated by the
County.
(d) The County is capable of absorbing the accelerated rate at which impacts on services
and public facilities will be experienced. It shall be considered sufficient evidence of
service and public facility availability if it can be demonstrated that sufficient capacity is
available in the following public facilities to accommodate the County's planned rate of
growth and the accelerated rate due to the proposed development: (1) transportation,
including, airport, roads, transit and parking; (2) utilities including, water, sewer, electric,
Pitkin County Land Use Code CHAPTER 2 - REVIEW AND APPROVAL PROCEDURES
July 2006 Page 12
Chapter 2 Review and Approval Procedures
gas and drainage; (3) affordable housing; (4) park and recreation facilities; (5) solid waste
facilities; (6) police and fire
protection facilities; and (7) Pre -Application
hospitals and schools. Conference
(e) The applicant demonstrates that (if required)
granting allotments from future
years will be consistent with
Policies 1-60-20, 1-60-30, 1-60-40, Staff
and 1-60-50. Review &
Recommendation
(e) Appeals
Appeals to -from the Planning and Zoning
Commission GMQS Scoring and adoption of the
resolution awardingtile_ allotments shall be heard
by the Board pursuant to Sec. 2-20-180 and this
Subsection (e). After hearing the appeal, the
Board may decide to allow the existing score to
stand, to re -score the application, or to remand the
application to the Planning and Zoning
Commission for re -scoring,
(f) Allotments Not Effective Until ale
After Appeal Right Has Expired
No allotment shall become effective until
the appeal period set forth in Sec. 2-20-180 has
expired.
(g) Relationship to TDR System
1.
CONCEPTUAL,
2. DETAILED
P & z
PUD and Subdivision Process
The creation of a new development right or the
increase in permitted floor area may also be accomplished through purchase of a transferable
development right (TDR) pursuant to Sec. 2-40-30, or through a combination of TDR purchases and
GMQS allocations. The purchase of TDRs for these purposes avoids the need for an applicant to
compete in the GMQS for the same purposes. Similarly, receipt of a GMQS allocation for these
purposes avoids the need for an applicant to purchase a TDR certificate for the same purpose.
(h) Igo Vested Right
The award of a GMQS allotment does not involve a Site Specific Development Plan, as defined in Sec.
2-20-170(b) and does not result in the creation of a vested right for use of the allotment.
Subsequent use of the GMQS allotment through the approval of a Site Specific Development Plan
rnar :.;'�,- t1 n establish a vested right.
Pitkin County band Use Code CHAPTER 2 - REVIEW AND APPROVAL PROCEDURES
July 2006 Page 13
Chapter 2 Review and Approval Procedures
Pitkin County Land Use Code CHAPTER 2 - REVIEW AND APPROVAL, PROCEDURES
July 2006
Page 14