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Home My WebLink Aboutbocc.con.226.22 - BOCCAN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO ACCEPT DEVELOPMENT COVENANTS IN CONNECTION WITH LAND USE CODE DEVELOPMENT APPROVALS ORDINANCE NO.O3 -2017 RECITALS 1. Pursuant to C R.S. § 30- 35-301, the Board of County Commissioners (the BOCC") of Home Rule Counties 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 Hoard 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 Section 2.8.1 1 of the Pitkin County Home Rule Charter provides that official action by ordinance shall be required for the"acquisition. vacation, sale, or purchase of any real property asset:"and 4. Pursuant to Pitkin County Land Use Code,Title 8,Chapter 2-20-130,Pitkin County is authorized to accept certain interests in real property and instruments to secure the performance of future duties, conditions, or obligations in connection with certain Land Use Code development approvals: and 5. Specifically.Pitkin County Land Use Code,Title 8,Chapter 2-201 30M) authorizes Pitkin County to require applicants seeking certain Pitkin County Land I Ise Code development approval:, to execute and records certain development covenants ("Development C'ovenants') obligating the applicant or property owner to perform certain duties or conditions; and 6. Development Covenants executed and recorded pursuant 10 Title 8 of the Pitkin County Land Use Code burden the real property described therein and run with the land to the benefit of Pitkin County; and 7, From time to time, Pitkin County has accepted Development Covenants by ordinance as well as by execution and approval by the Director of the Pitkin County Community Development Department; and 8. The BOCC desires to authorize the Pitkin County Community Development Director, or the Director's designee, to accept IYevelopinent Covenants on behalf of the I10CC and such Development Covenants and the acceptance thereof by the Director shall have the same force and effect of law as having been accepted by ordinance by the BOCC, and 9. The BOCC further desires to confirm that any Development Covenants previously accepted by execution of the Community Development Department Director or BOCC Chair prior 1 Contract No. 118.2021 (Attached)Contract No. 226-2022 (Attached) to the effective date of this Ordinance arc hcwby accepted and to confirm that any such Development Covenants shall have the same force and effect of law as having been accepted by ordinance by the BOCC; and IO. 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 he effective immediately upon adoption NOW THEREFORE, BE IT ORDAINED that the Board of County Commissioners of the County of Pitkin. Colorado, hereby adopts this Ordinance Authorizing the Community Development Director to Accept Development Covenants in Connection with Land Use Code Developtnent Approvals, subject to the recommendation for approval as to form by the County Attorney's Office, and authorizes the Chair, or the Chair's designee, to sign the Ordinance upon the satisfaction of the County Attorney as to form. The Pitkm County Cotnmunih Development Director shall be authorized to accept the following Development Covenants on behalf of the Board of County Commissioners of the County of Pitkin, Colorado in accord u ith the applicable provisions of the Pitkin County Land Use Code, Title 8 and this Ordinance 1. Transferable Development Rights Covenants; 2. Employee Housing Impact Fee Covenants; 3, Prohibition on Commercial Agricultural Use Covenants, 1. Accessory Structures with Bathing Facilities Covenants: 5. ANSI Covenants; 6. Covenants on Prohibition on Further Subdivision, 7. Covenants on Presen-ation of Historic Resources; 8. Covenants in Association with a Growth Management Allotment; 9. Covenants for the Occupancy and Resale of Agricultural Facilities/Buildings; and 10 Covenants Relating to Debris Flow and/or Avalanche Mitigation. In addition,the Community Development Direction shall be authorized to accept any Development Covenants not listed herein that are expressly required as a condition of approval pursuant to the Pitkin County Land Use Code or made a condition of approval by the Board of County Commissioners, subject to the recommendation for approval as to form by the('ourty Attorney's Office. Any and all Development Covenants executed by the Pitkin County Community Development Director or the BOCC Chair,or designee,prior to the effective date ofthis Ordnance arc hereby accepted, including any types of Development Covenants not listed above. All Development Covenants accepted by the Community Development Director on behalf of Firkin County shall have the same force and effect of law as having been accepted by ordinance, The Community Development Director shall, annually, bring an ordinance to the BOCC for a confirmatory acceptance of the prior year's Development Covenants. b r t INTRODUCED AND FIRST READ ON THE !/ DAY OF /i OO6? ; 20//AND SF FOR SECOND READING AND PUBLIC HEARING ON THE /of DAY OF rAkigy 20L1 2 NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDIISA,NCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE_(q/-'4 DAY OF 0(F017u 20 /1 NOTICE OF PUBLIC HEARING ANI)THE.FULL TEST OF THE ORDINANCE POSTED ON THE OFFI F* ?ITKIN COUNTY WEBSITE (www pitl.mcown cum ) ON TIIE DAY OE triNr _20 2 AJPT'FD AFTER FINAL READING AND PUBLIC HEARING ON THE / DAY OF jwv',0-kV/ 20j4 PUBLISHED BY TITLE AND ASHORT SI iM ARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON TIIE A"" DAY OF )' o ekJly _ 20f1 POSTED BY TITLE AND SHORT SUMMARY ON THI1 OFFICIAL PI'I'KIN COUNTY WEBSI FE (w w.pitkincnunly calm ON TIIE-"4 DAY OF 0 r.4-w!_20 /] AT, T: BOARD OF COUNTY COMMISSIONERS p Q p By ' ^ .,I,YAA By: yi. I,KLc i/7h ( l++) Ieanecre Jones George Nen man. Chair Demi _ County Clerk Date: (I-CI - ) — APPROVED AS TO FORM. MANAGER APPROVAL 1- John E(.y:Count' 7tomey Yon I'e. eraa, Miry Manager 3 Contract No. 118.2021 Contract No. 226-2022