HomeMy WebLinkAboutbocc.ord.042.2005AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY COLORADO, ADOPTING AN AMENDMENT TO THE
PITKIN COUNTY LAND USE CODE ADDING SECTION 3-330-010,
APPROVAL LIMITATIONS FOR PROPERTIES CURRENTLY IN REVIEW OF
PRIOR DEVELOPMENT ACTIONS
ORDINANCE #fz 1 -2005
RECITALS
WHEREAS, the Board of County Commissioners of Pitkin County, Colorado
makes the following findings:
A. Currently there is no restriction in the Pitkin County Land Use Code
against bringing forward a new application for development even if a previous denial of a
development application is contested in court or otherwise appealed in an effort to
overturn or reverse a previous denial.
B. This situation allows for multiple approved uses on a single property, a
current approved use and a court-ordered allowable use.
C. This current condition of the Pitkin County Land Use Code results in
uncertainty for the neighborhood and surrounding property owners of a subject property
and makes planning for the impacts of growth and development more difficult for the
County.
D. It is more reflective of sound planning principles that only one use or
approved development plan exist for one property at any one time. It would facilitate
better public planning and neighborhood participation in land development if initial
development applications were determined with finality prior to the grant of any
subsequent development approval or building permit request.
E. The Board of County Commissioners 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 and legislation to be
effective immediately.
F. This legislated code amendment is a law of general applicability of Pitkin
County and as such applicable to all land in unincorporated Pitkin County.
NOW THEREFORE, be it ordained by the Board of County Commissioners of
Pitkin County, Colorado, that the Pitkin County Land Use Code shall be amended to
include the following Section:
ORDINANCE #&V-2005
PAGE
3-330-010 Approval Limitations for Properties Currently in
Review of Prior Development Actions. No building permit,
development permit, development approval or any action which
would allow construction, site work, grading, land improvements,
or that would create a vested right shall occur for any property, lot
or parcel in the County which is currently involved in an appeal,
litigation or other proceeding which may alter, amend or void a
previous determination or action as to developability; zoning;
development regulations; construction; improvement or other
development request, except for the following exemptions:
Any owner or developer of a property holding a vested
right shall be exempt from this approval limitation.
Any property under a process of appeal or litigation by
anyone other than the owner, developer or the party subject
to review of a prior development action shall be exempt
from this approval limitation.
INTRODUCED AND CONTINUED AT THE REGULAR MEETING ON
THE 10TH DAY OF AUGUST 2005.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
WEEKLY ON 14TH DAY OF AUGUST 2005.
CONTINUED AT THE REGULAR MEETING ON THE 24TH DAY OF
AUGUST 2005 AND SET FOR FIRST READING AND PUBLIC HE ON
SEPTEMBER 28, 2005.
APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC
HEARING ON THE 12TH DAY OF OCTOBER 2005.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE
2n DAY OF 2005.
THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY
UPON ADOPTION.
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BOARDOF COUNTY COMMISSIONERS
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Recorder
Chair
Date:
APPROVED AS TO FORM:
3E, John MCo tey
APPROVED AS TO CONTENT:
Ci dy o
in,
Community Development Director