HomeMy WebLinkAboutbocc.ord.022.2000 B M
ORDINANCE
OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
AMENDMENTS TO THE PITKIN COUNTY LAND USE CODE ADOPTING
"FAIR SHARE"REQUIREMENTS FOR DEVELOPMENT IN ARTICLE X.
ADOPTING/AMENDING CERTAIN DEFINITIONS IN SECTION 8-1 AND
REPEALING CERTAIN PROVISIONS RELATING TO AFFORDABLE
HOUSING MITIGATION
ORDINANCE # 022-2000
This Ordinance adopts Fair Share Requirements in the Pitkin County Land Use Code (the
"Code") for development in unincorporated Pitkin County for public roads. The
Ordinance also adopts/amends certain definitions relating to Fair Share Requirements and
repeals the former Code provision which exempted development utilizing transferable
development rights from affordable housing mitigation.
These Fair Share Requirements shall supersede any other provisions in the Code relating
to public roads to the extent of any conflict.
RECITALS
The Board of County Commissioners of Pitkin County, Colorado makes the
following findings to support the adoption of amendments to the Pitkin County Land Use
Code adopting Fair Share Requirements for development within unincorporated Pitkin
County:
I. AUTHORITY
A. Pitkin County has the authority to regulate the use and development of
land pursuant to Colorado Revised Statutes:
Chapter 28 of Title 30 (County Planning, Zoning, Subdivision);
Chapter 65.1 of Title 24 (Areas and Activities of State Interest);
Chapter 67 of Title 24 (Planned Unit Development Act);
Chapter 20 of Title 29 (Local Government Land Use Control Enabling Act); and
Chapter 11 of Title 30 (County Powers and Functions).
B. Pitkin County has additional authority to enact Fair Share Requirements
pursuant to Colorado Revised Statutes:
1. Section 29-20-104 of the Colorado statutes which provides:
� f
Ordinance#022-2000
Page 2
Powers of local governments. (1) Without limiting or superseding any
power or authority presently exercised or previously granted, each local
government within its respective jurisdiction has the authority to plan
for and regulate the use of land by:. . .
(0 Providing for phased development of services and facilities;
(g) Regulating the use of land on the basis of the impact thereof
on the community or surrounding areas; and
(h) Otherwise planning for and regulating the use of land so as
to provide planned and orderly use of land and protection
of the environment in a manner consistent with
constitutional rights.
2. Section 30-28-106 of the Colorado Statutes which provides:
Compliance with other requirements. Except as provided in section 29-20-105
(2)[intergovernmental agreements], where other procedural or substantive
requirements for the planning for or regulation of the use of land are provided
by law, such requirements shall control.
II. PURPOSE
The purpose of the Fair Share Requirements is to require development to pay its fair
share of the impacts it generates which, without these requirements, would otherwise be
publicly subsidized.
III. APPLICABILITY
The Fair Share Requirements shall be applicable to unincorporated Pitkin County.
IV. ADOPTION OF TEMPORARY MORATORIUM AND RETENTION OF CONSULTANTS
A. On January 10, 2000, by Ordinance 2A-2000, Pitkin County adopted a
temporary moratorium on certain development which contained the following findings:
Impact studies are ... ongoing relating to road improvement mitigation,
employee generation, fiscal and social services demands caused by development.
Initial employee generation studies have documented a correlation between
residential dwelling units and their employment generation.
Growth in unincorporated Pitkin County largely does not "pay its own way"
and either does not provide any mitigation for its impacts or mitigates at an
insufficient rate requiring some form of public subsidy. For example, exactions
Ordinance#022-2000
Page 3
for affordable housing are currently not applied throughout the entire county
and recent studies have shown that the County's exaction formula does not
require full mitigation for development impacts. Significant employment
generation and road impacts are experienced in connection with upgrading the
quality of improvements on developed properties, and the County collects no
mitigation for this impactive activity.
State Highway 82 is over capacity, as are many of the other collector roads in
Pitkin County. On November 3, 1998, the voters of Pitkin County rejected a
tax that would have funded improvements of the roads in Pitkin County.
Pitkin County does not currently have the funds to make many needed road
improvements. Colorado revenue limitations impede Pitkin County's ability
to collect money to provide these and other essential public services necessitated
by our current growth rate.
There is inadequate publicly and privately owned affordable housing to provide
housing for the employees generated due to the growth in unincorporated
Pitkin County. Pitkin County does not have a sufficient dedicated income
source for the creation of affordable housing.
B. After the adoption of the January 10, 2000 Moratorium, Pitkin County
retained a consulting firm to prepare Fair Share Requirements for public roads. Tischler
Associates was retained to prepare methodology and a support study for fair share
requirements for public roads.
C. Tischler Associates analyzed and assessed the growth and development
projections for the period of 2000 to 2010 to determine the additional demand for
transportation facilities which would be placed on Pitkin County in connection with new
development.
D. Tischler Associates prepared a Transportation Impact Fee Study ("2000
Transportation Fee Support Study) setting forth the fair share requirements for new
development, which Study has been submitted to and reviewed by the Pitkin County staff
and officials. Additional review of the study was conducted by two citizens workgroups,
the Mitigation Workgroup and the Growth Management Reform Task Force.
E. Additional studies prepared by the Pitkin County Community
Development Department were presented to the Pitkin County staff and officials. These
studies were also reviewed by the citizens workgroup, the Growth Management Reform
Task Force. One of the studies presented by the Community Development Department
showed that under Pitkin County's current regulations the total unmitigated growth in the
non-metro area of Pitkin County was approximately 88% of all development, with only
approximately 12% of development paying its fair share through growth management.
Ordinance#022-2000
Page 4
V. CITIZEN WORKGROUPS. PUBLIC MEETINGS AND HEARINGS
A. After the adoption of the January 10, 2000 Moratorium, the Board of
County Commissioners convened two workgroups to review the proposed adoption of
Fair Share Requirements, the Mitigation Workgroup and the Growth Management
Reform Task Force. The Mitigation Workgroup met on March 6, March 14, March 22,
April 11, April 13, April 18 and April 27, 2000 and continues to meet. The Growth
Management Reform Task Force met on March 2, March 9, March 23, April 6, April 13,
April 20 and April 27, 2000. Both of these citizen workgroups reviewed the 2000
Affordable Housing Support Study and the 2000 Transportation Fee Support Study.
B. General meetings regarding the objectives of the January 10, 2000
Moratorium, including discussion regarding the desire to require development to pay its
fair share of development impacts, were held by the Board of County Commissioners on
January 10, January 12, January 18, January 24, January 31, February 1, February 9 and
February 23, 2000.
C. The Board of County Commissioners and Planning &Zoning Commission
conducted public meetings and public hearings regarding the proposed Fair Share
Requirements on May 1, May 8, May 16, May 18, May 23, May 25, May 30, and May
31, 2000.
D. The Planning&Zoning Commission recommended approval of the Fair
Share Requirements on May 31, 2000.
VI. PUBLIC ROAD FEE FINDINGS
The Board incorporates the findings contained in the 2000 Transportation Fee Support
Study and, based on the meetings and hearings and the studies prepared by Tischler
Associates and the Community Development Department, makes the following additional
findings to support its adoption of the Fair Share Requirements for public roads:
A. New Growth in County. The Tischler Associates 2000 Transportation
Fee Support Study projects that there will be a significant amount of new growth and
development in Pitkin County in the next ten (10) years. Under the County's current
exaction system, none of this development would pay its fair share of its impacts to
County roads.
B. Road Management Plan and CIP. The Pitkin County Road
Management and Maintenance Plan and the 20 Year Road Improvement Plan or capital
improvement plan ("CIP") specify certain necessary parameters for and planned
improvements of public roads within Pitkin County.
Ordinance#022-2000
Page 5
C. Transportation Impact Fee Study. The Transportation Impact Fee
Support Study identified the appropriate methodology for deriving a fee which will
require new development to contribute its proportionate share of the costs of providing
road capital facilities in the County.
D. Revenue Shortfall. Without a Fair Share Requirement there will be
insufficient revenue generated from new development to fund road capital facilities
needed by the new development.
NOW THEREFORE,be it ordained by the Board of County Commissioners of
Pitkin County, Colorado, that it hereby amends the Pitkin County Land Use Code as
contained in Attachment A(Article X, Fair Share Requirements and Amendments to § 8-
1, Definitions) and repeals section 3-310-020(B)(6) of the Pitkin County Land Use Code.
Ordinance#022-2000
Page 6
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on
May 13, 2000.
INTRODUCED AND FIRST READ AT A PUBLIC MEETING and public
meeting on the 8th day of May, 2000.
APPROVED AFTER CONTINUED SECOND READING AND PUBLIC
HEARING on the 300' of May, 2000.
APPROVED AND ADOPTED AFTER THIRD READING on the 31'of
May, 2000.
EFFECTIVE 30 days after publication.
PUBLISHED AFTER THE ADOPTION IN THE ASPEN TIMES on the
day of MIh',, 2000.
ATTEST: BOARD OF COUNTY COMMISSIONERS
/f OF PIT�K�IN COUNTY,COLORADO
L dee Dean, Shellie Harper,
eputy Clerk and Recorder Chair
Date: 6- Z-
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
.00
Marcella Larsen Chilson, Cindy Houben,
Assistant County Attorney Community Development Director
10-100: PURPOSE AND APPLICABILITY
MikilriVoutntyt Land:U1$e Gpoe'r
:, • • arfiolel�C. '
10-1'30 P'ub'lIvRoads Fair-Share Requlit5rl'terits
10-140 RESEItVER•FOR PUApC SCHOOLS;
.10-160 RES'SRVE[Y FAR PUBl.UC TRAIL•S�
10.160!RESERVIED FOR1041BLI'd TFi'i MOORT" ATOON
10-170 RESERVED ObR•'PAitK9lOPEN•SpACFJAGRICULTURAL Pk8E` F /AAON.
10-1.80 RESERVED.FOR H'EALTP-AND HUMAN SERVICES:
10-190 :Spec,Ip1 Procedt!rns:•
8-1 DefinitionsT
10-100 `PURPOSE'Ai11D•A.RPI.IGU.kiMILRY;"
Subs a 4
10-100 w 1k Il�sicnBq lri' R
The purpose of the Fair Share Requirements provision is to require development to pay its fair share of the impacts
it generates which, if a fair share contribution were not required, would otherwise be publicly subsidized.
10-100.20 Applicability.
A. General. All development within unincorporated Pitkin County shall be subject to Fair Share
Requirements unless exempted pursuant to section 10-110. For purposes of the Fair Share Requirements
provision, development includes:
1. Any development of a new or redevelopment of an existing residential dwelling unit or accessory
residential structure requiring a building permit, including all new structures, any remodeled
structures, any additions to existing structures and any replacement structures.
2 Any development of a new or redevelopment of an existing commercial structure requiring a
building permit, including all new structures, any remodeled structures, any additions to existing
structures and any replacement structures.
3 Any development of a new or redevelopment of existing tourist accommodation unit requiring a
building permit, including all new structures, any remodeled structures, any additions to existing
structures and any replacement structures.
4. Any change in use of an existing structure.
Ordinance#022-2000,Attachment"A,"Adopted Fair Share Requirements Legislation Page 1
10-100: PURPOSE AND APPLICABILITY
B. General Applicability and Vesting. This provision shall not apply to:
1. Site Specific Development Plans approved prior to July 10, 2000, still within the statutory vesting
period as set forth in section 4-140. If statutory vesting is determined, the property in issue shall not be subject to
any Fair Share Requirements.
2. Any property determined by a court of law or the County to be vested under the common law of the
State of Colorado. The extent of any common law vesting and the applicability of the Fair Share Requirements shall
be made on a case by case basis.
Ordinance#022-2000,Attachment"A,"Adopted Fair Share Requirements Legislation Page 2
10-130: PUBLIC ROADS FAIR SHARE REQUIREMENTS
10.M.FAIR`W14ARE"REQU1REM S XEM NS ,
Subsectloks:'
10.110'A0' REDEVELOPMEN'i.or POEElg1tlN�i L1QE:' REP4ACEMENT-UNITS'Akb'REMODEU 0,1[likEMoilIGN:1=RpM
PIiddC•ROADWi$�:' "
As provided in this section, the following development shall be exempted from the Fair Share Requirements of this
section:
The redevelopment of a preexisting residential, commercial or tourist accommodation uses shall be exempted from
Fair Share Requirements for roads (section 10-130), subject to the following:
A. No Net Increase in Impacts. The applicant for the exemption from the Fair Share Requirements
shall demonstrate that there is no net increase in any impacts due to the replacement unit or remodeling.
B. Replacement Unit Exemption. Replacement units shall be exempt from Fair Share
Requirements for roads. The replacement unit exemption shall be limited to the total floor area of the existing unit.
Any additional floor area above the total floor area of the existing unit shall be subject to Fair Share Requirements.
C. Unlimited Remodelina Exemption. Remodeling shall be exempted from Fair Share
Requirements, provided that no expansion of floor area is permitted.
10-130-50 �n�di"ts
10-130-10 Purpose
This provision implements and is consistent with the Pitkin County Road Management and Maintenance Plan and
the 20 Year Road Improvement Plan. Traffic Generating Development, new development which places a demand
for capital road facilities, is required to pay its fair share of those capital improvements. The establishment of a
system for the imposition of transportation capital expansion fees is to assure that development contributes its fair
share of the cost of providing, and benefits from, the provision of Road Capital Improvements. The technical
support and analysis upon which the road fee is based is the 2000 Pitkin County Transportation Impact Fees (the
Support Study), which is incorporated herein by reference.
10-130-20 General Road Fee-
Traffic-Generating Development generates a need for capital improvements to County roads which is required to be
mitigated through the payment of road fees. The road fee schedule is based on two classes of development:
residential and non-residential. If the type of Traffic-Generating Development proposed is not specified on the fee
schedule, the fee applicable shall be the most comparable type of land use on the fee schedule, or the applicant
shall be required to conduct an independent fee calculation study to determine the appropriate amount pursuant to
section 10-130-40, Independent Fee Calculation Study.
A. Payment of Fee. Pursuant to the requirements of this section, the fee shall be paid to the Fee
Administrator prior to issuance of a building permit for any portion of the development subject to the road fee.
Ordinance#022-2000,Attachment"A,"Adopted Fair Share Requirements Legislation Page 3
10130: PUBLIC ROADS FAIR SHARE REQUIREMENTS
B. Computed Separately for Amount of Development. The fee shall be computed separately for
the amount of development covered by the permit if the building permit is for less than the entire development
subject to the road fee.
C. Change in Use. If the fee is paid for Traffic-Generating Development because of a change in use,
the fee shall be determined by computing the difference in the fee schedule between the proposed use and the
existing use.
D. Expansion of Area. If the fee is required to be paid for Traffic-Generating Development because
of expansion of an existing use, the fee shall be determined by computing the difference in the fee schedule
between the proposed expansion and the existing use.
E. Run with Land. The obligation to pay the fee shall run with the land.
MONEMINININ
Any person who proposes Traffic-Generating Development, except those exempted or conducting an Independent
Fee Calculation pursuant to section 10-130-40, shall pay a transportation capital expansion fee in accordance with
the following fee schedules:
TABLE 10-130-30:1
Large $7,818
(4000 square feet or more)
Medium $5,664
(2,000 to 3,999 square feet)
Small $3,505
(less than 2,000 square feet)
Ty�)e ond Size of StruCtUR. P'-(-,,r T000 S(ILIore, Feet of Floor Area
Com/Shop Car 25,000 sf or less $14,588
Com/Shop Car 25,001-50,000 sf $13,416
Com/Shop Ctr. 50,001-100,000 sf $11,683
Com/Shop Ctr.Over 100,000 sf $10,064
Office/Inst 10,000 sf or less $6,690
Office/Inst 10,001-25,000 sf $5,410
Office/Inst 25,001-50,000 sf $4,606
Office/Inst over 50,000 sf $3,921
Business Park $3,770
Light Industrial $2,059
Warehousing $1 465
Ordinance#022-2000,Attachment"A,"Adopted Fair Share Requirements Legislation Page 4
10-130: PUBLIC ROADS FAIR SHARE REQUIREMENTS
A. Applicability. An independent fee calculation may be utilized as follows:
1. The fee established in section 10-130-30 may be computed by the use of an independent fee
calculation study pursuant to the procedures of section 10-190-40 if:
a. The Fee Administrator determines that the land development activity proposed is not one
of the types listed on the fee schedule and is not comparable to any land use on the fee schedule; or
b. The applicant believes it can be demonstrated that the nature, timing, or location of the
proposed Traffic-Generating Development make it likely that the impacts generated will cost substantially
less to mitigate than the amount of the fee that would be generated by the use of the fee schedule; or
C. The proposed Traffic-Generating Development is"transit oriented,"located at within one-
half mile of an existing or proposed mass transit stop, and the applicant believes it can be demonstrated
that the proposed development will generate fewer traffic trips than assumed by the fee schedule; or
d. The Fee Administrator believes it can be demonstrated that the nature, timing, or location
of the proposed Traffic-Generating Development make it likely that the impacts generated will cost
substantially more to mitigate than the amount of the fee that would be generated by the use of the fee
schedule. It shall not be grounds for an independent fee calculation that the applicant believes that the
applicant as an individual will not generate as many traffic trips than assumed by the fee schedules; or
e. The property is located within the Village Commercial ("VC")zone district.
B. Applicant to Prepare. The preparation of the independent fee calculation study shall be the
responsibility of the applicant and shall be submitted to the Fee Administrator.
C. Portion Subject to Study. The independent fee calculation study may provide alternative data in
one or both of two areas:
1. The number of average daily traffic trips generated by the land use types in the proposed
development; and/or
2. The average trip length in miles on County roads.
D. Qualifications for Study. The independent fee calculations may include independent sources,
provided that:
1. The independent source is an accepted standard source of transportation engineering or
planning data or information.
2. The independent source is a local study on trip characteristics carried out by a qualified
traffic planner or engineer pursuant to an accepted methodology of transportation planning or engineering.
3. The percent new trips factor used in the independent fee calculation study shall be based
on actual surveys conducted in Pitkin County.
E. Standards. To qualify for an independent fee calculation, the applicant shall demonstrate that it is
reasonably likely that the use of the structure(by any person(s)subject to the Fair Share Requirements)for public
roads will result in the generation of fewer traffic trips than assumed by the fee schedule. If, on the basis of
generally recognized principles of impact analysis it is determined the data, information and assumptions used by
the applicant to calculate the independent fee calculation study satisfies the requirements of this section, the fee
determined in the independent calculation study shall be deemed the fee for the proposed Traffic-Generating
Development. The adjustment shall be set forth in a Fee Agreement.
F. Fee Agreement. The Fee Agreement shall be in a form approved by the County Attorney and
shall memorialize the fee amount to be paid pursuant to the independent fee calculation study.
Ordinance#022-2000,Attachment"A,"Adopted Fair Share Requirements Legislation Page 5
M
10-130: PUBLIC ROADS FAIR SHARE REQUIREMENTS
A. Prior Road Mitigation for System Improvements. Any person initiating Traffic-Generating
Development may apply for a credit against traffic fees otherwise due, for any contribution, payment, construction,
or dedication of land for any system improvements on a County road. No credits shall be provided for project-
related improvements. Prior road mitigation for system improvements shall be credited against the road fee
contained in this provision as follows:
1. Credit is an Offset Against Fees Owed. The person initiating Traffic-Generating
Development shall be required to pay the difference between the road fee required by this provision and
the prior mitigation. There shall be no entitlement to any refunds for fees paid in excess of the current fee
schedule.
2. Calculation of Credit. Credit shall be in an amount equal to the value of the contribution
or payment at the time it was made to Pitkin County, the costs of road construction at the time of its
completion, or the fair market value of the land dedicated at the time of dedication. An adjustment for
inflation shall then be applied to the credit at the annual CPI rate.
3. Apportionment of Credit. If road mitigation for system improvements was performed for
a subdivision as a whole, then any credits shall be applied as follows:
a. The credit for the road mitigation performed shall first be applied to any existing
development in the subdivision and/or planned unit development; and
b. Any remaining credit shall be apportioned equally among the remaining undeveloped lots.
B. No Credit if No Payment. There shall be no credit for any road mitigation required through a
development approval unless the property owner, or the property owner's predecessor in interest, actually provided
the mitigation prior to July 10, 2000.
Ordinance#022-2000,Attachment"A,"Adopted Fair Share Requirements Legislation Page 6
10-190: SPECIAL PROCEDURES
10.190-10: 'IMPOSITION OF.FAIR'"SHMM REQUIREMENTS
1 D-196-20 PR'006"URE FQR;i7IEMPtION FROMVCALCULATION OF AND COLL CT10N OF FAIR SHARE
REgIJEAAENiB ;
1O.t1:10-2"1 ;plp�adlrefior Cstiicatsf Exsmptlgn from•Fiir Shaire,ROqulrements
10=19p-2Z•• 'Prttcddl�n�fai�C>�Ioulala'br!of.F>tFr SHire Rpqullremerits:
10.190.28 :Procad6rrs4a0•C6lit" e8te�61`Collection of Falr SharaoRsquiremerits
10-190-30 P 06RDURE FdR 139UINO CREDITS
10-190.40' .PROCEDURE FOR INDEPENDENT FEE CALCULATION
10-190-50 ;PAYMENT ANDIADMINISTRATION OF'FAIR SHARE REQUIREMENTS
10-190-50: : . ;:APPEAL
10-190-70 r :ANNUAL REVE:w
Fair Share Requirements shall be imposed in connection with all development permits, and shall be collected prior
to the issuance of any building permit for all development in Pitkin County unless exempted pursuant to § 10-110.
Any application required pursuant to section 10-190 shall be submitted on a form available at the Community
Development Department along with payment of a fee to defray the cost of processing the application. The
completeness of any application submitted pursuant to section 10-190 shall be determined by the Community
Development Department within fifteen (15)days of its receipt. If it is determined that the application is not
complete, the Community Development Department shall send a written statement to the applicant outlining the
deficiencies. No action shall be taken on any application until all deficiencies have been corrected or otherwise
settled. An appeal is available to any aggrieved person pursuant to section 10-190-60.
Prior to the issuance of any building permit for any development in Pitkin County, an applicant shall apply for and
receive approval of either: 1)a Certificate of Exemption from the Fair Share Requirements; or 2) a Calculation of
Fee Determination and a Certificate of Collection of Fair Share Requirements.
As a prerequisite to building permit issuance, any building permit applicant who claims an exemption from Fair
Share Requirements pursuant to section 10-110 shall apply for a Certificate of Exemption from the Fee
Administrator. The Fee Administrator shall determine whether the applicant qualifies for an exemption based on
the standards of section 10-110.
As a prerequisite to building permit issuance, all development not exempted from Fair Share Requirements
pursuant to section 10-110 and 10-190-21 shall apply for the calculation of Fair Share Requirements as set forth in
this section. Where the applicant desires to pay a fee to satisfy the Fair Share Requirements, at building permit
application the applicant shall apply to the Fee Administrator for a determination of the amount of the fee based on
the standards of Article 10. The Fee Administrator shall issue a Calculation of Fee Determination which contains
the total fee obligation, or as provided in section 10-190-40, the Fee Administrator may seek an independent fee
calculation. The Fee Administrator may issue Advisory Calculations of Fee Determinations prior to building permit
application, but such issuance shall be non-binding and advisory in nature.
As a prerequisite to building permit issuance, all development not exempted from Fair Share Requirements
pursuant to section 10-110 and 10-190-21 shall apply for a Certificate of Collection of Fair Share Requirements as
Ordinance#022-2000,Attachment"A,"Adopted Fair Share Requirements Legislation Page 7
10-190: SPECIAL PROCEDURES
set forth in this section. Application shall be made to the Fee Administrator who shall issue a Certificate of
Collection of Fair Share Requirements upon determination that the applicant has performed pursuant to the
applicable Fair Share Requirements.
Upon building permit application, an application may be made to the Fee Administrator for credits against any Fair
Share Requirements otherwise due. The Fee Administrator shall determine whether any credits are due pursuant
to the standards of Article 10. If credits are determined applicable, the Fee Administrator shall issue a Certificate of
Credit.
At any time prior to building permit application, an applicant desiring to satisfy Fair Share Requirements through the
payment of a fee may seek an independent fee calculation by the Fee Administrator. The Fee Administrator may
also initiate an independent fee calculation as provided in section 10-130-40. The Fee Administrator shall
determine whether the standard fee should be modified based on the standards of sections 10-130.
The administration of Fair Share Requirements shall be conducted as follows:
A. Payments of Fees.
1. Building Permit Application Required. No fee payments shall be accepted from any
property owner prior to building permit application. There shall be no ability to pre-pay fees and no
building permit shall issue unless the applicant has paid the current fee applicable.
2. Trust Accounts Required. For the purpose of ensuring that the fees collected are spent
for the purpose they are imposed, separate trust accounts for each fee collected shall be
established.
a. Fees Deposited in Account. All fees collected by the Fee Administrator shall be
immediately deposited into the applicable trust account.
b. Interest Bearing. All proceeds in the trust account not immediately necessary for
expenditure shall be invested in an interest-bearing account.All income derived from these
investments shall be retained in the trust account until spent or refunded.
C. Limitations on Expenditures. The funds in the trust account shall only be
expended for the purposes for which the fee was collected.
3. Refund of Fees.
a. Seven Year Limit. Fees collected pursuant to this provision shall be returned to
the then present owner of the property for which a fee was paid, including any interest
earned, if the fees have not been spent within seven years from the date the fees were
paid, unless the Board of County Commissioners shall have earmarked the funds for
expenditure on a specific project, in which case the Board of County Commissioners may
extend the time period by three more years.
b. Written Request. To obtain the refund, the present owner must submit a written
request to the Fee Administrator within one year following the end of the seventh year from
the date payment was received.
4. Payments Determined. For the purpose of this section, payments collected shall be
deemed spent on the basis that the first payment in shall be the first payment out.
Ordinance#022-2000,Attachment"A,"Adopted Fair Share Requirements Legislation Page 8
' N
10-190: SPECIAL PROCEDURES
5. Refunds for Expired Permits. Any payment for a project for which a building permit has
expired, due to non-commencement of construction, may be refunded if a request for refund is
submitted to the Fee Administrator within 3 months of the date of the expiration of the building
permit. All requests shall be accompanied by proof that the applicant is the current owner of the
property.
A. General. Any adversely affected person,which shall include the Board of County Commission,
Planning &Zoning Commission, Community Development Department and/or County Attorney's Office, may
appeal any decision rendered pursuant to Article 10 by filing with the Director of the Planning Division of the
Community Planning and Development Department within 15 working days of the date of the written decision, a
notice stating and specifying briefly the grounds for the appeal. The Board of County Commissioners shall place the
appeal on their agenda for the next regularly scheduled meeting, provided that no hearing shall be scheduled which
would preclude notice as required by section 10-190-60(B).
B. Notice. The applicant shall provide the applicant and all adjacent landowners at least 15 calendar
days notice of the appeal before the Board by mail.
C. Hearina. At the hearing on the appeal which shall be a public meeting, the Board of County
Commissioners shall provide the appellant an opportunity to identify the grounds for the appeal and the basis for
the alleged error in the decision. After the presentations from all adversely affected persons, the Board may hear
from any other person(s) it deems appropriate, and then based on the testimony heard at the hearing and the
record affirm, modify or reverse the decision based on the standards of section 10-190-60(D).
D. Standards. To reverse a decision made pursuant to Article 10, the Board of County
Commissioners shall find that that there is a clear and demonstrable error in the application of the facts in the
record to the standards of Article 10.
E. Form of Decision. The Board of County Commissioners decision on the appeal shall be in the
form of a resolution, and shall include findings of fact and the application of those facts to the relevant standards.
Article 10 may be reviewed annually by the Community Development Department and a recommendation
forwarded to the Board of County Commissioners addressing: 1)any necessary updates to data or methodology
for the Fair Share Requirements; 2)a report on the Fair Share Requirements imposed and collected, including the
amount of development exempted from Fair Share Requirements; and 3)any other issued raised by the staff,
elected and appointed officials or the public. The failure of Community Development Department to conduct the
annual review shall not result in the invalidation of Article X, nor shall this provision be construed to create an
affirmative enforceable obligation to perform an annual review.
Ordinance#022-2000,Attachment"A,"Adopted Fair Share Requirements Legislation Page 9
• 8-1: DEFINITIONS
Adversely Affected Person means an applicant for Traffic-Generating Development, a property owner whose land is
adjacent to land subject to Fair Share Requirements, and any division of Pitkin County government.
Building Permit means that development permit issued by the Building Division of the Community Development
Department before any building or construction activity can be initiated on a parcel of land.
Change in Use means a change of the use of a building, structure or property to another use. Change in use shall
include a change in use within allowed or special review uses within the same zone district.
Person means an individual,corporation,governmental agency or body, business trust, estate,trust, partnership,
association, two or more persons having a joint or common interest, or any other entity.
Project-Related Improvements mean those road capital improvements and right-of-way dedications that provide
direct access to the development. Direct access improvements are typically located within or adjacent to a
development site and include but are not limited to the following: (a)driveways and streets leading to and from the
development; (b) right and left turn lanes leading to those driveways and streets; (c)traffic control measures for those
driveways; and (d)internal streets.
Road Capital Improvement means transportation planning of, preliminary engineering,engineering design studies,
land surveys, alignment studies, right-of-way acquisition,engineering, permitting, and construction of all necessary
features for any road construction project on a road on the County's road system, undertaken to accommodate traffic
resulting from new traffic-generating development.
System Improvement means an improvement to a public road planned and scheduled on the Pitkin County 20 Year
Road Improvement Plan.
Traffic-Generating Development means development designed or intended to permit a use of the land which will
contain more dwelling units or floor space in a manner that increases the generation of vehicular traffic.
Ordinance#022-2000,Attachment"A,"Adopted Fair Share Requirements Legislation Page 10