Loading...
HomeMy WebLinkAboutbocc.min.spec.05252000 THURSDAY, MAY 25, 2000 5:30 PM SPECIAL MEETING in CITY COUNCIL CHAMBERS Joint P&Z/BOCC 2nd Reading Growth Management and Fair Share Requirements Legislation 9:00 PM ADJOURN APPROVED JULY 269 2000 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS SPECIAL MEETING (Joint Meeting with P&Z) MAY 259 2000 CALL TO ORDER: Chairperson Shellie Roy Harper called the special meeting to order at 5:45 PM. COMMISSION MEMBERS PRESENT: Commissioners Shellie Roy Harper, Mick Ireland, Leslie Lamont, Dorothea Farris and Patti Clapper (Commissioner Clapper arrived at 6:40 PM due to another engagement) COMMISSION MEMBERS ABSENT: None PLANNING AND ZONING COMMISSION MEMBERS PRESENT: Peter Martin, Steve Whipple, Chris Cox and Charlie Tarver SECOND READING AND PUBLIC HEARING ON ORDINANCE APPROVING AMENDMENTS TO THE PITKIN COUNTY LAND USE CODE ADOPTING A NEW GROWTH MANAGEMENT SECTION,ARTICLE IX,AND ADOPTING THE ASPEN URBAN GROWTH BOUNDARY—MOTION TO CONTINUE SECOND READING AND PUBLIC HEARING TO MAY 309 2000 Chairperson Harper thanked the task forces and the Caucuses that have already met with the Board regarding this new legislation. Although they have all spent a great deal of time together, she continued, there is no consensus on either the problem or the solution at this time. The Board has, however, tried to incorporate as many of the comments from the public, Caucuses and task force members as they can. As staff will show tonight, she pointed out, they have come a great distance from the first reading draft to the second reading draft that they are looking at tonight. The Board's goal, she added, is to absolutely meet the June 5`h deadline so the Moratorium will be lifted by July 10. BOARD OF COUNTY COMMISSIONERS 1 SPECIAL MEETING MAY 25,2000 Cindy Houben, Director of Community Development, explained the major points of departure from the first published version of the legislation. There are two pieces of the legislation. One is Growth Management and the other is Fair Share. Ms. Houben referred the audience to the fact sheets on Growth Management and the fact sheets on Fair Share, which highlight the major points of departure she spoke about earlier. Said sheets are attached hereto and made a part of this record as EXHIBIT "A". Chairperson Harper opened the hearing to public comment at this time. The following people submitted letters or read their letters into the record. Said letters are attached hereto and made a part of this record as EXHIBIT `B". Letters were submitted by Jim and Ramona Markalunas, Julie and Marshall Hall, Mickey Herron on behalf of Andrew Hecht representing LPG-ONI, Ltd., Robin Kiernan, Penny Carruth, Gary Beach, Ray L. Wall, Charles and Lee Plimpton, William Fales, and George "Wilk" Wilkinson. Larry Yaw believes it is a good idea if the money derived from this legislation go to impacts. With regard to the 5750 square feet, he would like garages exempt up to 500 square feet. Steve Walker thinks that large homes have saved the valley from more density. He thinks the passage of this legislation will create a subsidized class and a super rich class. Ron Sorter, from Redstone, thinks the Crystal River Valley should decide their own fate. He also wondered what kind of flexibility the Crystal River Valley Caucus would have if this were passed? Ed Glickman lives at Lazy O Ranch and agrees with those comments made by Steve Walker. Regarding CDUs, he feels the amount allowed falls short. He also thinks there should be more square footage, particularly garage space. Bill Lipsey believes the legislation is very complicated. He would get behind the Board in order to gain more money for road impacts, etc., if they could just make it less complicated to read. Otherwise he believes money for roads should come from taxes. Redstone resident, Bob McCormick, agrees with Bill Lipsey that roads should be a tax item. Houses that will be less than 2500 square feet are normally for employees. He feels they will be hardest hit with the road fees. Ray Poyman is under the impression that the road fee is a retribution for the road tax not being approved when it was put on the ballot. He would also prefer it be put on the ballot instead of this legislation being enacted. He wondered what communities the proposed affordable housing would impact. He feels he is subsidizing the businesses. Shouldn't it be the businesses that are subsidizing the homeowners? He was curious as to how other cities deal with this problem? BOARD OF COUNTY COMMISSIONERS 2 SPECIAL MEETING MAY 25,2000 Mike Tanglag asked the Board to study the effects of employee housing. He feels that housing is a machine, of sort,that produces population growth here. He believes this legislation will just feed that machine with more funds and defeat the whole purpose of trying to control growth. David Mueller posed several questions to the Board. He was invited to sit in on one of the technical work groups. One of the most important things his work group dealt with was trying to understand the information that the consultants provided, particularly regarding affordable housing. Commissioner Ireland answered his questions on this to his satisfaction. Mr. Mueller also said that when the Board sat down and identified the problem, it was large homes, uncontrolled growth, unmitigated impacts of growth, and problems of employee generation. The reality in unincorporated Pitkin County has been approximately 70 units a year, new construction. (He was subsequently corrected by staff that the number of units a year was 58). He was curious as to how many of those units were over 5,000 square feet. Staff informed Mr. Mueller that the number of units per year over 5,000 square feet was 12. Based on the information he was given, Mr. Mueller asked exactly what does this legislation address to control the growth? John Wood is one of the attorneys representing the Starwood Homeowners Association. He said the Board needs to show him the linkage, or need, that the size of a house has to providing affordable housing. Mr. Woods also asked if there was a specific plan for how the money will be spent? Mr. Woods further commented on what he referred to as "proportionality on credits". He feels it only addresses contributions in kind and that the burden of proof is shifting to be on the citizen. He believes these discussions are not GROWTH MANAGEMENT legislation but SIZE legislation. He questioned what purpose was being served to limit the size of houses? Finally, Mr. Wood addressed Transferable Development Rights. He thinks it would be better if a TDR reservoir were available first before enacting this legislation. Robert White felt that many of the studies were fatally flawed and a rush was done to enact the Moratorium. Now he believes there is another rush to enact the present legislation. If passed, he thinks this will just accelerate the "we versus them" mentality and allow for more tax money going toward lawsuits against the County. He believes the Board should pause and have further discussions. BOARD OF COUNTY COMMISSIONERS 3 SPECIAL MEETING MAY 25,2000 John Davis wanted some clarity on where this legislation was going. He has been a builder here for about 20 years. He wants to build himself a 7,000 square foot house with a 2,000 square foot horse barn and, he thought, a caretaker unit above that. Mr. Davis said according to the calculations he is seeing today, his square footage would now be calculated as 7,000 square feet for his house, 750 for his garage, 700 for a caretaker unit and his 2,000 square foot horse barn. That would bring him up to 10,500 square feet. He said he would be paying somewhere in the neighborhood of a$150,000 affordable housing fee for the people he would bring in when, of course, they are employees of his that have worked in Pitkin County for the last 10 years. Beside his own labor, he would have to pay a $7,800 road fee and then be put into a pool of anybody that's going to add-on more than 1,000 square feet to their existing home to compete for 44,000 square feet. He doesn't feel he is the type of person the Board wanted to capture here. Kathy Rowley wants the Moratorium lifted and the Board to spend 60-90 days in further discussion. She feels they should continue discussing the FAIR SHARE legislation but postpone the GROWTH MANAGEMENT until later. Robert Oxenberg was furious as he feels the Board is rushing through this legislation. He believes large homeowners will just get richer by the imposing mitigation on the small, local homeowner. He would rather have this put on the ballot for a vote. Jack Kaufman thinks the Board is about to make a mistake that was made back in 1972 when Growth Management was introduced. The County has put the cost of the solution on the undeveloped property. He thinks this is the most ill considered, unfair, distribution of community costs that we have all created. Gwendolyn Whitman wants the Board to look into the inventory for employee housing to find what the impacts are, who are the people living in it and who is being subsidized. Regarding road fees and lower grade space fees, she would like the Board to explain how they got their percentages. Patricia Straight wants to add a three-car garage and an addition to her existing house for her son and family to live with her. She feels, based on the amounts she has seen tonight, she will not be able to do what she wants and may have to eventually leave the valley. Paul Taddune, attorney and general counsel for the Starwood Homeowner's Association, had several comments to put before the Board. He mentioned long time local Ellie Brickham who owns a parcel in Starwood that, basically, represents her entire retirement investment. It will be too costly for her to be able to build and if so, she would have to phase in. Regarding procedures, he feels the Board needs to community more with the public. The way things are being done has become too complex. Mr. Taddune was concerned over the cost that has been expended for additional staff to deal with this legislation and how many more employees will have to be hired to BOARD OF COUNTY COMMISSIONERS 4 SPECIAL MEETING MAY 25,2000 implement it. He suggests the Board look into a County RETT (Real Estate Transfer Tax). Marc Friedberg touched on two issues. He commented on the first issue by asking the number of people employed by the City and County. And, that the legislation itself will require that additional employees need to be hired. He thinks the Board needs to find another way to find revenues. He asked that the Board step back and not pass this legislation so as not to polarize the people in this community. Doug Laucks voiced his concerns on what he referred to as contradictions. He believes the problems with the City of Aspen are getting confused with County problems. He doesn't think Crystal River Valley or Frying Pan Valley development affects housing in Aspen. He is a building contractor and is seriously concerned about his loss of income due to this legislation getting passed. Chairperson Harper explained that the Board would try to incorporate the input from tonight at their next reading on Tuesday. At this time, each of the Board members gave their comments. Commissioner Clapper hopes to fine tune the Fair Share and move forward, but she does have concerns on the Growth Management legislation. She is interested in working on a RETT tax, even though she knows it would take an amendment to the State Constitution. Commissioner Farris thanked everyone who came and commented tonight and she hopes to be able to incorporate some of their input. She wanted them to know that she is listening. By way of information, she informed the audience that of$1500 paid in yearly taxes, approximately only $70 goes to Pitkin County. Commissioner Lamont thinks there is merit in putting something on the ballot. She believes commercial properties are carrying a greater and greater burden. Pitkin County, she added, has the lowest mill levy in the state, perhaps the country. Chairperson Harper has concerns over landowners possibly subdividing into 35-acre parcels and if so, only the wealthy will be able to afford to buy. She agrees with many of the comments tonight regarding the document being too complex and cumbersome. P&Z Commissioner Steve Whipple stated that he and Chairperson Harper were the only ones against the Moratorium back in the beginning of the year. One of the problems, he feels, is with a confined time span. He encouraged the public to not run out of juice, as their input is needed. He is, however, convinced that there is not enough time to do all that is needed to do. Chairperson of the P&Z, Peter Martin, said that he learned something from each speaker. He does agree that any of this should be put on the ballot. That is how we got Gallagher, BOARD OF COUNTY COMMISSIONERS 5 SPECIAL MEETING MAY 25,2000 he said. He asked how many people in attendance would support a raise in property taxes? A majority of those in the room raised their hands. New P&Z Commissioner Chris Cox grew up here and has seen a lot of changes. He does have a desire to limit growth. He thinks it is something that can be solved and will be solved. The onus is as much on the community as the Boards and he hopes they can all come to a satisfactory conclusion. Charlie Tarver, P&Z Commissioner, said that simple solutions are gone. If there were any, they would have been chosen. The fact that some, most, whatever the number is think this is too complex doesn't just mean that the solution proposed is too complex. It means they all haven't spent enough time understanding the solution and, possibly, the reasons that brought them to it. "I will stand by that as a very, very important point", he said. The concept of Growth Management is not new, Commissioner Tarver continued. Exemptions from that system is why we're all here, he concluded. The concept of Growth Management is not new, Commissioner Tarver continued. Exemptions from that system is why we're all here, he concluded. Commissioner Tarver said that one of the things that does hit people is the story of the person who does want to build 3,000 square feet and that it might overly burden them. Look at the costs, he stated. Without those costs, you're asking somebody else, everybody else in the community to pay them. And they're not developing anything. And that is what's ultimately unfair. Commissioner Ireland believes there is a misconception of what Fair Share pays for. It does not pay for housing right now that you need right now to meet some community goal. It pays, he explained, for jobs generated by new growth. He doesn't think 274 units over 10 years is an unreasonably high goal. He said Paul Taddune had a great point. You could pay for all this Fair Share over 10 years with 3 mil. $300 dollars per $1,000,000 house with everybody exempt from housing mitigation. His suggestion would be that you could adopt this legislation and go to the voters in November and say shall we repeal the Fair Share requirements as enacted by Ordinance such and such and enact in its place 3 mil? He'd be a lot happier, he said. Finally, Commissioner Ireland stated, another thing that he has proposed is the possibility of a deferral of fees for people who are working residents and continue to occupy the property. Commissioner Clapper moved to continue the second reading of the ordinance approving amendments to the Pitkin County Land Use Code adopting a new Growth Management section,Article IX, and adopting the Aspen Urban Growth Boundary to May 30,2000 at 2:00 PM. Commissioner Farris seconded the motion. Motion passed unanimously. BOARD OF COUNTY COMMISSIONERS 6 SPECIAL MEETING MAY 25,2000 Commissioner Clapper moved to continue the public hearing to May 30,2000 at 2:00 PM. Commissioner Lamont seconded the motion. Motion passed unanimously. ADJOURNMENT: Commissioner Clapper moved to adjourn at 8:50 PM. Commissioner Farris seconded the motion. Motion passed unanimously. BOARD OF COUNTY COMMISSIONERS 7 SPECIAL MEETING MAY 25,2000 Respectfully submitted, L ee Clerk to the Board of County Commissioners -7pev) -- Shellie Roy Harper Chairperson of the Board of County Commissioners ww/g/minutes/2000/05252000 BOARD OF COUNTY COMMISSIONERS 8 SPECIAL MEETING MAY 25,2000 Growth Management Reform Legislation Fact Sheet Second Reading Version Dated 5/25/00 WHERE DOES THE GROWTH MANAGEMENT LEGISLATION APPLY? New Growth Management legislation is under consideration by Pitkin County for all of unincorporated Pitkin County,excluding the unincorporated area inside of the Aspen Urban Growth Boundary("UGB") — the new legislation calls this area the"Rural Area." The most current draft of this legislation is the second reading version of the legislation dated May 25, 20M HOW DOES THE LEGISLATION WORK? The proposed Growth Management legislation requires that all development within the Rural Area either: • Qualify for an exemption from Growth Management (see list below);OR • Compete for an annual allotment (see below for total number of square feet available annually) WHAT ARE THE EXEMPTIONS FROM THE LEGISLATION? Exemptions from Growth Management (i.e.,development which would not be required to compete for annual allotments) are proposed as follows: • Subdivisions and Pre-1978 Parcels. Existing subdivision lots, and parcels created before June 12, 1978, are allowed a single-family dwelling unit with up to 5,750 square feet of floor area.* ■ Remodeling, Small Additions and Replacement Units. Properties with existing residential units are allowed to remodel those units totally exempt from Growth Management. Small additions up to 1,000 -square feet of floor area are also allowed for existing units as a one-time exemption from Growth Management, even if the addition will result in a house larger than 5,750 square feet. Existing residential units may be replaced up to their original floor area, or up to 5,750 square feet, whichever is larger. ■ TDRs. Development using transferable development rights ("TDRs") is exempt from Growth Management. For example,TDRs may be used to obtain additional square footage if more than 5,750 square feet is desired in an existing subdivision or pre-1978 parcel, or they may be used for new subdivisions which do not desire to compete for annual allotments. ■ Deed Restricted Units. All deed restricted units (category 1-4 units, resident occupied units, caretaker dwelling and employee dwelling units) are exempt from Growth Management. • Historic Structures. Properties which contain historic structures are allowed to retain the historic structure and build a new single-family dwelling unit with up to 5,750 square feet of floor area. ■ Existing CDU or EDU Improvements. A property owner may build a new single family dwelling trait of up to 5,750 square feet of floor area, excluding the floor area of a CDU or EDU,under the following circumstances: (1) The property has obtained approval for a free market single family dwelling unit and a CDU or EDU prior to July 10,2000; (2)A single family dwelling unit has been constructed on the property prior to July 10, 2000,which will be deed restricted as a CDU or EDU at such time as the new free market single family dwelling unit is built; and (3) CDUs are required to be deed restricted as EDUs. • Large Lots. Large lots which are either zoned RS-160 (minimum acreage of 160 acres) or contain 500+ acres are allowed to build new single-family dwelling units with up to 15,000 square feet of floor area. • Essential Community Facilities and Open Space/Public Purpose Parcels. Any parcel utilized for an essential community facility or for open space or another public purpose would be exempt from Growth Management. The proposed floor area definition is all inclusive. For example,garages,sub-grade space(basements),®Us and EDUs would count in the total 5,750 square feet available. On parcels under 20 acres in size,agricultural structures such as barns would also be counted in the 5,750 square foot total. On parcels greater than 20 acres in size,agricultural structures are not counted. Page 1 Growth Management Reform Legislation Fact Sheet Second Reading Version Dated 5/25/00 WHO HAS TO COMPETE FOR ANNUAL ALLOTMENTS? Any development which is not exempt from Growth Management must compete for annual allotments. Basically,the following two types of development will have to compete for allotments: • New subdivisions and post-1978 35+ acre parcels (except development using TDRs) ■ .All development which exceeds 5,750 square feet (except 1,000 square foot additions to existing units and development using TDRs) HOW MANY ALLOTMENTS WILL BE AVAILABLE FOR COMPETITION? HOW MANY EXEMPTIONS ARE ALLOWED EVERY YEAR? In the past,the number of allotments available has been defined in terms of a number of units. The number of allotments is now proposed to be quantified in terms of the total square footage available to new development each year. The total square footage available each year is divided into different "bins" for each type of development,with a separate allotment for the Crystal/Fryingpan area. Planning staff recommended annual allotments as follows: ■ New Subdivisions/Post•1978 35+Acre Parcels = Annual Total of 49,250 Square Feet • Rural Area (excluding Crystal/Fryingpan) — 24,000 Square Feet • Crystal Area — 17,250 Square Feet • Fryingpan Area — 8,000 Square Feet ■ Additional Floor Area = Annual Total of 44,000 Square Feet • Rural Area (excluding Crystal/Fryingpan) — 40,000 Square Feet • Crystal Area — 4,000 Square Feet • Fryingpan Area — 0 Square Feet • Exemptions = Unlimited HOW DOES COMPETITION FOR ALLOTMENTS WORK? The competition for allotments is proposed to be divided into three areas: the Rural Area (excluding the Crystal/Fryingpan);the Crystal area; and the Fryingpan area. Applicants seeking allotments would compete against each other within the area where the development is proposed. Scoring criteria which reflect the goals and policies of the County would be utilized to "rank" development applications with a minimum qualifying score. The applicants who meet the minimum qualifying score with the highest scores amongst the competition would be awarded development allotments. HOW WILL VESTED RIGHTS BE TREATED UNDER THE NEW LEGISLATION? Properties with site specific development plan approvals still within their statutory vesting period (usually three years)would not be subject to this regulation until their vesting expired. As the County has historically dealt with property owners who claim that they are common law vested,the County will continue to review such claims on a case-by-case basis to determine whether they should be exempted from the regulations. Finally,anyone with a development allotment awarded under the old growth management system and/or a development approval for a subdivision/PUD which specified a square footage allowed would be permitted to develop that square footage. Page 2 �A N 3�,�y Fair Share Requirements Legislation Fact Sheet -ems Second Reading Version Dated 5/25/00 WHAT AREA DOES THE FAIR SHARE REQUIREMENTS LEGISLATION APPLY TO? New Fair Share Requirements legislation is under consideration by Pitkin County for all of unincorporated Piddn County. The most current draft of this legislation is the second reading version of the legislation dated May 25, 2000. HOW DOES THE LEGISLATION WORK? The proposed Fair Share Requirements legislation requires that all new residential,commercial and tourist accommodation development within unincorporated Piddn County(that is not exempted from the regulations) pay its fair share of its development impacts for. • . Affordable Housing • Public Roads (`The County is considering additional Fair Share Requirements for open space/agricultural preservation and health and human services,but those requirements are still being formulated and are not contained in the current legislation.) WHAT ARE THE EXEMPTIONS FROM THE LEGISLATION? Exemptions from Fair Share Requirements (i.e., development which would not be required to contribute its fair share of the impacts it causes, but the County will make up for through general funds) are proposed as follows: • Single-Family Dwelling Units. Single-family dwelling units up to 4,000 square feet of floor area would be exempt from Fair Share Requirements for affordable housing but would be required to pay a road fee. If a property owner constructed more than 4,000 square feet,there would be no"credit" for the first 4,000 square feet and the full mitigation requirements would be applied • Small Residential Additions. Small residential additions up to 1,000 square feet of floor area are exempt from affordable housing mitigation,but are required to pay road fees. • Redevelopment of'Preexisting Uses: Remodeling and Replacement Units. Properties with existing residential units are allowed to remodel or replace those units exempt from Fair Share Requirements for post-constriction phase affordable housing and roads. Replacement units and remodels which replace a portion of the structure would be required to mitigate for construction phase affordable housing which is only a portion of the affordable housing mitigation requirement. ■ Deed Restricted Units. All:category 1-4 restricted units,resident occupied units ("RO") and employee dwelling units ("EDUs") are exempt from Fair Share Requirements for affordable housing. These deed restricted units would be required to pay road fees,though an independent fee calculation is available for transit-oriented affordable housing development which might eliminate the road fee. CDUs are required to provide full mitigation for affordable housing and roads. Page 1 Fair Share Requirements Legislation Fact Sheet Second Reading Version Dated 5/25/00 HOW DOES THE FAIR SHARE REQUIREMENT FOR AFFORDABLE HOUSING WORK? The Fair Share Requirements for affordable housing require new development to mitigate for the employees that are generated by the development. Mitigation for the employees generated may be provided by: ■ Paying a fee in the amount it costs to subsidize housing for the employees generated ■ Building affordable housing units to house the number of employees generated ■ Buying down existing five market housing and deed restricting that housing to house the number of employees generated ■ Dedicating land for affordable housing to house the number of employees generated HOW MUCH IS THE AFFORDABLE HOUSING FEE? The affordable housing fee is based on a formula which allows for the calculation of the fee based on the square footage of the development. There are different fee schedules for residential, commercial and tourist accommodation development. The fees for residential development are proposed as follows (see the legislation for the proposed commercial and tourist accommodation fee schedules): Size of Unit Fee/Subsidy <4,000 scRiare feet EXEMPT 5,000 sq=e feet $6 928.00 6,000 feet $77 940.00 7,000s e feet $93 457.00 8.000 square feet $109 426.00 9,000 square feet $125 811.00 77 00 12.000 e $177,155.00 .0 20.000 square feet9 . HOW DOES THE ROAD FEE WORK AND HOW MUCH IS IT? The Fair Share Requirements for public roads require the payment of a fee for residential and non-residential development. The fees for residential development are proposed as follows (see the legislation for the proposed non-residential fee schedule): Size of Unit Fee <Z000 12rA feet $3 505.00 2,000 to 3,999 square feet $5 664.00 4,000 feet or more $7 818.00 HOW WILL CREDITS AND THE INDEPENDENT FEE CALCULATION WORK? The Fair Share Requirements legislation has two important components to ensure that the correct mitigation is required First,there is a provision which allows for credits to properties which have already mitigated for affordable housing and certain road improvements. Second,there is a provision which allows property owners to seek an independent fee calculation where it is believed that the use proposed for the property will not result in the impacts assumed by the affordable housing and road Fair Share Requirements. Page 2 5n5/00 Board of County Commissioners PITKIN COUNTY 516 East Main Street Aspen, Colorado Dear Commissioners: We support and commend the commissioners on their stand to initiate reforms to the Growth Management Quota System (GMQS) that requires "Fair Share" mitigation for housing, roads and other growth impacts. We feel the continued unbridled growth in large luxury homes with their attendant demands on the natural environment, labor and infrastructure resources cannot be sustained without further denigration of the quality of life for every citizen in the Roaring Fork Valley. However, that said, we feel the present Pitkin County Code has resulted in unintended consequence of depriving long time residents of Pitkin County the lawful use of their property to the detriment of all the citizens of Pitkin County. In our own instance, ten years ago we acquired some irregular lots in Redstone, for the purpose of building three small cottages of which one would be for our use in the summer. In spite of the transition of Redstone toward larger structures, we requested three small conforming lots, more in character with historic Redstone. Unfortunately, because of local politics, we were denied the right to arrange our lots to conform to Redstone. Denial by the Commissioners has impaired our ability to have the small cottages. The drawn out 1041 land use process has caused us severe economic hardship and the inappropriate restrictions imposed by the process has made our property in Redstone virtually worthless. The small income we derive from the rental of our property barely pays the taxes and assessments. For all practical purposes we might as well let the county have the property, because they have taken it away from us by the imposition of unreasonable and impractical restrictions. We can do little or nothing with our property under the present circumstances and soon we will even lose our vested rights. The effect, has been to deny us any practical use of our property and therefore, we feel it constitutes a taking of our property. Most importantly the present system of TDRs rewards only those who have the money to purchase them. It does nothing to prevent development. It fosters speculation in back country mining claims and rewards the unscrupulous land developers. The little guy with no money is out of luck. Only the rich can afford to stay in this county. Your efforts to regulate growth are well intentioned and we support your endeavors. However, please do not take away the small holdings of long time locals who have their life savings tied up in their property. We do not ask for any special consideration. But we do ask to have the opportunity to use and enjoy our property. We ask for equality and fairness in the administration of the land use code. Respectfully submitted, and Ramona Markalunas We are 4" and 2"d generation Aspenites trying to build housing for our new family on land my parents own and live on. Currently we have two structures on 13.5 acres, are classified as legal non-conforming and have provided employee housing for more than 30 years. Under the growth management plan, it is much easier to build a 15,000 square foot monster home than 2 homes totaling less than 5,000 square feet which would continue to provide employee housing that was not subsidized by the county. The 1,500 square foot limit on employee housing is a real hindrance. It encourages a transient employee population, forces families to move down-valley and encourages commuting. It is unfair to restrict employees to 1/101h of what a second homeowner can build. I want to encourage flexibility in the new growth management plan. The 15,000 foot limit is good, and the limit of 3 units per parcel is good. Please allow more flexible allocation of the square footage between the 3 units to encourage community stability by being more family friendly. We are uncomfortable with the idea of deed restricting my parents property for employee housing because we can't predict the future, don't fully understand the implications and the house could be torn down. Can a deed restricted unit be used for seniors and retirement? Can it be used for volunteers? Can it be used for a handicapped child who can't be fully employed? Can it be rented to music student or teachers over the summer? It just doesn't seem possible to create a deed restriction that could accommodate all possible scenarios a family might encounter over the long haul. It doesn't make sense to deed restrict someone willing to spend hundreds of thousands of dollars and provide land for employee housing when second homeowners have to merely pay 1/101h of that amount in mitigation fees and do not have deed restrict their land. The growth management plan is a mere speed bump for second homeowners but a brick wall for locals who live in tear-downs. Anything that we can afford to build will be a tear-down by definition. Please provide flexibility to accommodate the needs of long term locals and their families. Marshall Hall PO Box 438 Aspen, CO 81612 544-0692 Exhibit ,�ARFIEILD & IIECHT P.C. RONALD GARFIELD' s 601 EAST HYMAN AVENUE ANDREW V. HECHT2 ATTORNEYS AT LAW ASPEN, COLORADO 81611 MICHAEL J. HERRON' TELEPHONE DAVID L. LENYO E-mail: (970) 925-1936 MATTHEW C. FERGUSON' atty@garfieldhecht.com TELECOPIER CHRISTOPHER J. LACROIX'.5 Web Site: (970) 925-3008 CHAD J. SCHMIT" www.garfieldhecht.com 110 MIDLAND AVENUE SUITE 201 BASALT, COLORADO 81621 May 11, 2000 TELEPHONE (970) 927-1936 TELECOPIER (970) 927-1783 Board of Pitkin County Commissioners 506 East Main Street Aspen, Colorado 81611 Re: LPG-ON[, Ltd. Dear Commissioners: We represent LPG-ONI, Ltd., a Colorado limited partnership, and Paul Michael Schaefer as trustee on behalf of the Jodi Lynn Trust and the Elizabeth Jill Trust, who own a 565-acre ranch in Pitkin County commonly known as the "Ranch at Owl Creek." On or about December 8, 1999, a 35-acre exemption plat was recorded subdividing a portion of the Ranch at Owl Creek into 13 lots, each of which comprises 35 or more acres of land. Our clients oppose the enactment of Article IX of the Pitkin County Land Use Code titled "Growth Management" because, among other things, the enactment of Article IX as written would exceed the jurisdiction and authority of Pitkin County and would constitute an abuse of discretion because Article IX applies to lots of 35 acres or greater not intended for use by multiple owners. Therefore, we request that the BOCC vote against the enactment of the new Growth Management legislation. Sincerely yours, <��y Andrew V. Hecht DLL cah guber\It\bocc.02 I. also admitted to 2. also admitted to 3. also admitted 1. 4. also admitted to 5. ale.admitted to New York Bar District of Columbia Bar Florida Bar Illinois Bar Connecticut Bar ®Printed on recycled paper � /t Exhibit t1 OF May 25,2vvo Board of County Commissioners Pitkin County, Colorado 530 East Main Street Aspen, CO 81611 Re: Growth Management Reform Legislation Second Reading Dear Commissioners, This letter is in regard to the currently developing county legislation regarding the construction of new homes, and specifically the structure of the Fair Share Requirements legislation. We all know that affordable housing and good transportation is key to the survival and viability of our many small communities in the Roaring Fork Valley,and I am not limiting the term"affordable housing"to the county and city affordable housing programs alone. Ftousing in this valley needs to continue to be affordable as long as possible, to the working class whether it is subsidized or not. If heavy fees are exacted upon the working class for building modest homes, they will be forced further and further from Aspen,exacerbating transportation and housing issues even more, rather than gaining ground on our many complex community issues. The problem we have been witnessing over the past fifteen years has not been created by modest-sized working class homes, but by enormous and often vacant, trophy-sized second homes. By placing this burden on modest sized homes and homeowners,you will be inviting the further encroachment of second homes further and further down-valley into working class neighborhoods,and forcing those people further and further away. (Please do not punish working people by forcing them into smaller and smaller homes because they cannot afford these fees.) This will continue to degrade the quality of life we all hold so dearly here, and negatively affect the socioeconomic fabric of our community. (To emphasize this point there was an article recently printed in the paper which compared the average housing price in Carbondale in the last five years rising 113%, while the income level of Carbondale residents only rose an average of 32%.) As I understand, this would not meet the objectives of the board, which would be to support as large and as affordable a housing base as close to Aspen as possible. in the next week of work sessions, I am advocating your consideration of exempting the situation of homes for the working class which are still barely affordable, but allows locals to live within commutingdistance from Aspen,without havingto further burden an already insufficient inventory of"affordable housing",as well as transportation systems and air and ozone quality. Please consider craftingyour legislation to support the portion of the population which provides services that the City of Aspen and surrounding areas require to function and be vital, but who do not qualify or fit into the county and city-sponsored affordable housing program. Rere are some legislative proposals: 1. Exempting houses 4000sf or less, not includinggarages, basements or attached or detached affordable housing units. 2. Deferring the fair share requirement fee above 4000 sf to the first non- permanent home owner. This can be easily managed through the real estate transfer process. When an out of town buyer closes on property, fees can be collected the same way the real estate transfer tax is currently collected in the City of Aspen. My husband and I are currently under contract for a lot in Holland Fills, which is located just outside an exempt area(Basalt),and is on the borderline of affordability for us. our due diligence may be up before the final vote is taken on this issue,and this deal is affecting a property sale in the City of Aspen for another local family, as well as a sale in Grand junction. We are all tied together this way and have been immediately affected and caught in this legislation. Please remember that affordable housing still can include the free market for some people, and we are very affected by every additional building cost after the purchase of raw land. Please do not try to fix one problem while creating a housing epidemic of another kind. Sincerely, F Robin Kiernan 215 S Monarch Street#105 Aspen,CO 81611 kds@inetmail.att.net 925-7499 w Ilp 9 May 25, 2000 Many citizens of Pitkin County disagree with the proposed Growth Management and Fair Share Regulations currently under consideration by the BOCC and P & Z. This disagreement is based on legal, philosophical, factual, and procedural grounds. • Legally, we disagree with the County Attorney's interpretation of statutory and common law vesting. • Philosophically, we believe the goal of limiting growth under these rules will produce unmitigated and uncontrolled growth in the development of affordable housing at the expense of the"middle class", and at the depletion of one of the community's greatest resources ... our second homeowners. • Factually, we believe that the studies, which supposedly validate these actions, are totally flawed ... even contrived ... because they are based on bad data and a desire to validate a pre-determined outcome. • Procedurally, we believe that the"moratorium" was underhanded in its implementation; the Task Forces, as convened, have been an exercise in futility as implied commitments have not been honored; citizen input was restricted while staff and elected officials were allowed more than their fair share of comment time; and the legislation was virtually written at the time the moratorium was passed. Thus, we believe our last chance to have any impact is to present our point-of-view on technical/practical grounds. GENERAL: (1) The Crystal River and the Frying Pan areas should be exempt from Growth Management, and should have a reduced amount for impact fees. (2) Pre-approved 1978 subdivided property and BOCC approved property should be exempt from Growth Management. (3) FAR calculations should be at least 6,000 sq.ft. with exemptions for 1,000 sq.ft. of basement, 750 sq.ft. of garage and CDUs and EDUs. (4) Aguarantee that TDR's are available must accompany this legislation as more "sending"zones are needed. Language indicating how TDR's will be noticed and regulated should be included. (5) Growth Management should apply to remodels which increase the size of the existing dwelling by more than 2,000 sq. ft. or 30% of the existing square footage, whichever is greater, otherwise, remodels should be exempt. (6) Growth Management should not apply to replacement of houses. r Page 2 (7) If a restriction applies to the number of times an owner or subsequent owner can remodel, then a"special review" provision should be included to allow for extenuating personal circumstance. (8) House size caps should be eliminated. .(9) Scoring system for competition should be changed to be more relevant. How can a Prince Creek property owner compete fairly with one in Starwood when, for example, one has paved roads and the other doesn't; one has a community water system and the other has wells and a partial system? (10) The allotment concept is way too complicated, and probably unnecessary because the relationship between allotments and building permits is very unclear. This leads to a general point regarding staffing. How many new staff people will be needed to implement and monitor the legislation? (11) 1041 Review is a hazard review by state statute, and should not be used to regulate house size (12)Fair Share impact fees are exorbitant and should be reduced by at least 50%. (Proposed housing impact fees for San Miguel County are attached). (13) A guarantee that Fair Share fees will be used for the purposes stated should be stipulated in the Legislation, notwithstanding the assurances of Colorado law. (14)If the home will be owner occupied, affordable housing fair share fees should not apply until the property is sold, and only if sold to a second homeowner. (15) The legislation is currently drafted to be in its own section. We recommend that the provisions be incorporated throughout the text as described in the existing Growth Management document. ,ke,+b ey F'eaov/ e-AA,evrH 6� Beach PF4 Exhibit n „ soF Resource Management, LLC May 25, 2000 Pitkin County Board of Commissioners Pitkin County Colorado 530 East Main Street Aspen, Colorado 81611 Re: Fair Share & Growth Legislation Dear Members of the Board: The legislation you are considering to mitigate the impacts of development may be the most important legislation you create during your terms in office. Although you and the county staff have put in an enormous amount of time, there are pieces missing and the legislation is not ready to be adopted. I urge you to step back from the minutia to see if it meets the community's goals for preservation of all that is good in this valley. I don't think the present draft legislation does that. In January, when the moratorium was first enacted, you spoke of uncaptured costs, avoided costs and unmitigated impacts due to growth and development in our communities. Since then you have identified four areas in which you would seek fees or mitigation to reverse the impacts on highways, open space, affordable housing and social services. The establishment of fees does little to remove traffic from our roads, it simply drives up the cost of construction which further exacerbates the impacts in many other areas. This is true to with the other areas of impacts. Consequently, you developed a point system to establish a certain minimum that all development must meet in order to proceed through the land use approval process. While the point system is a good method, there are some changes that I believe you should incorporate. First and foremost, any system or format you develop should be incentive based rather than punitive based. Instead of requiring fees to mitigate impacts, which doesn't mitigate them, it merely attempts to pay for them, there should be an incentive to mitigate as many impacts as possible and the mitigation should be accomplished both on-site and off-site. While you have established a minimum number of points in five categories that must be met before a development proposal is considered, you should eliminate the maximum number of points that can be accumulated. In keeping with Charlie 7 1 5 w.Main Tarver's suggestion, there should be no limit on the number of points that an applicant Suite 304 can amass by mitigating impacts, after all, isn't that really your intent, to mitigate all A5pen.CO 8 101 1 impacts? Tel(970)9253475 Fax 925-4754 BEACH RESOURCE MANAGEMENT,LLC Page 2 May 25, 2000 If you collect a fee, you then become responsible for the impacts and for mitigating them. If you provide inducements to the developer, you reduce the steps and the time it takes to achieve the community's goals. If you charge a fee for road impacts you do nothing to reduce road trips, air pollution, impacts to water, vegetation, wildlife and traffic congestion. If the applicant can gain some advantage by mitigating all of his or her impacts there is a net gain for the county, the community and the applicant. The creation of a system that rewards the best and most innovative land use plans will provide an incentive to all homeowners, builders and developers to reduce or eliminate the impacts associated with their projects. A system that provides incentives to do what's right will typically succeed because there is something to be gained. A system that is based on fees or penalties leads to finding ways to reduce them. I am attaching a sheet of recommendations aimed at providing these incentives. Sincerely, By Gar h, CES Principal bommit BEACH RESOURCE MANAGEMENT,LLC Page 3 May 25, 2000 Recommendations 1. Any project that fully mitigates the calculated impacts of its development should be exempt from the growth management and fair share legislation since they are creating no unmitigated impacts to the community. 2. Such project should receive a higher land use review priority than non-complying projects. 3. When allowing caretaker units, why limit the size to only 400-700 square feet? If the applicant is willing to provide housing for a caretaking family, why limit dwelling size to something that precludes a family? 4. There needs to be an alternative to TDRs. This legislation drives up the cost of TDRs by making their use mandatory in several circumstances. There should be another alternative created which helps achieve a stated goal of preserving the community, such as maximizing green construction, limiting house sizes, et cetera. 5. §9-12-031 should be amended to remove the maximum potential category score. There should be bonus points allowed for each of the five categories, plus a general bonus category for the overall development. Bonus points should be given to incentivize an applicant to do more than the minimum to offset impacts. For example, bonus points might be given for projects that enhance or improve existing conditions both on and off site. Bonus points should be awarded for environmental responsibility, reduction of waste and impacts to traffic congestion, air quality, water quality, vegetation quality, wildlife, bird habitat, et cetera. Bonus points should be given for the use of salvaged, reusable or recycled materials. Bonus points should be given for development processes which utilize off-site construction, use all excavated material on-site, create self-sustaining systems, reduce normal operations and maintenance for buildings, roads, utilities, and infrastructure. 6. While there is a shift in emphasis on engineered systems for waste water treatment, it should be recognized that this is only one alternative and these systems require a certified operator. This translates into the creation of another job and daily trips to operate the system. Other systems, if designed properly, do not generate the same level of operation or maintenance and the use of these systems should be encouraged. - . ..v ... r i • .>.l V V V .V V '.V Y .\.l l r 11%L L. 4J V L RAY L. WALL ATTORNEY Exhibit ti 6 2 i, � /� S-2s-z May 25, 2000 BOCC of Pitkin County Fax 970 920-5198 Re: Ordinance # 2000 New Growth Management Section Dear BOCC: I represent Fidelity Trust Building, (ric. which owns land on Smuggler Mountain. The 1976 Aspen/Pitkit, County Growth Management Plan places the land owned by Fidelity in the Aspen metro area as part of the Red/Smuggler Mountain Planning area. The land is so close to Aspen that in use and reality it is a part of the Aspen metro area. The land is not a wildlife habitat ( two leggeds excluded) and it is not an agricultural resource. The planners who placed the land in the Aspen metro area followed sound land planning principals. There exists no change of conditions that would support changing what professional land planners have previously determined to be an appropriate plan. On behalf of Fidelity I respecfully request that the land owned by fidelity not be removed from the Aspen Metro Area Growth Management Planning Area. If the BOCC enacts an ordinance that removes the Fidelity land from the Aspen metro area I respectfully request that the BOCC make specific findings that support such action. Please contact me if you have questions or need anything further. Cordially. z4er'7 6415 CATHY NE, ALBUQUERQUE, NM 87109 TELePMONE: (505)798-1818 FACSIMILE: (505)798-1980 b_: c�:' curJJ _d: Ju 7i YJ'ybJ�Gb7 rLll°Ih'I UN � s-zs Charles and Lee Plimpton P.O Box 61 Carbondale, CO 81623 May 25, 2000 The Board of County Commissioners Pitkin County Sheltie Harper, Leslie Lamont, Patty Clapper,Dorothea Firris,Mick Ireland Dear Ladies and Gentlemen, You're kidding. This approved first reading of the Proposed Land Use Rules and Regulations is a joke, right? Well, this is not a financial exercise. There is a need to join the real world of people/families who actually have to live in this area. We are a family of five. The result of two people who moved to Aspen in 1970. We worked, supported ourselves, married, had two children and in need of more room with our third, were forced to move from a 14 X 70 foot(980 sf)trailer we owned in Aspen Village to Carbondale and commute. We purchased a lot in Prince Creek(Pitkin County) several years ago with the idea of building a house for a family. No one from Pitkin County has given us one cent for any residence in which we have lived during our thirty years in this valley. We have had to commute through horrendous roads and mind- numbing construction for any business or entertainment we have enjoyed in Aspen. Currently, our children(15-23 years of age)are living at home with an aged mother possibly moving in with us because of ill health. Can you explain to me why we should have to contribute to housing for a newly arrived person or family in Aspen so some rich people(whose investment in an area in which they probably don't live has forced us to move down valley in the first place)can have employees to serve them in restaurants, ski shops, and clothing stores, etc.? Can you also explain how a family of five or six is suppost to live in a,two thousand square foot house, 750 sq. feet of which would be garage plus another amount for a reasonable-sized basement(we just spent a year in a 1500 sq. ft house without garage and basement included with our youngest sleeping in the living room)? The alternative is to pay$40,000 to $50,000 to Pitkin County instead of college, medical bills, insurance, etc. with which families are already burdened. We resent these conditions you are proposing and feel that if people can't afford to live in Aspen, it is their responsibility and not ours. dOl 4tiud rLll'4Y'IUN r"UL ej4 Finally, shame on you for playing with peoples lives and businesses in this way. Do you really think businesses in this valley can survive economically with only twenty four homes being built in unincorporated Pitkin County. Ladies and gentlemen, the Crystal River valley has very little to do with your problems in Aspen - charge the people who are causing them. We strongly urge you to leave the exempt status of the Crystal River valley. If you want to limit growth - fine(the bulk of the growth is already happening down here anyway), but please don't increase the cost of building a family residence in this way. Otherwise, realign the County boundaries so they make sense. We also urge you to raise the exempt square footage and Leave the garage and basement out of the total square footage to be considered . There are good reasons why these last considerations are currently in effect. They make sense; leave them alone. We are tired of this chancing financial pressure; taxes are enough. We have had it. If you do not take families not living in Aspen into consideration, soon even families downvalley will be living and probably working in Rifle. I am sorry we are not able to attend your meeting on May 25; we will be out of town and are so busy we barely had time to write this letter. We do appreciate and thank Dorothea Farris who took the time to respond to the many phone calls we made to the Commissioners. We strongly appeal to your sense of reason and fairness. Sincerely, Gib Plimpton r _ Lee Plimpton I,QA Exhibit �� no 06 Z S-doc William E.L. Fales Cold Mountain Ranch 4239 Highway 133 Carbondale, Colorado 81623 May 2000 Pitkin County Board of County Commissioners 510 East Main Street Aspen, Colorado 81621 Dear Commissioners, I am writing you at this late date to comment on the proposed land use rules and regulations. I am sure that you know that I am in full agreement with most of what you are trying to accomplish with this program. However, I am concerned that the proposed fees will eliminate any chance of a middle class family from building a home in Pitkin County. I built my own house in the early i 990's. I did almost all of the work myself so that it would be affordable. My total expenses for my 1800 square foot house, completely equipped with all new appliances, a 7200 square foot garage/shed, a 1/3 mile driveway with 2 cattle guards, a well, a septic system, and bringing power to the site, totaled $100,000. If I read the proposal correctly, I would be assessed fees based on 3,000 square feet that would equal $ 40,380. This would have absolutely prohibited me from building my house. I strongly urge you to exempt houses under a modest square footage, say 3,000 if you include basements and garages, from the proposed fees. To charge this size a house such astronomical fees would speed the county on the way to becoming a county of the very rich and their low income servants, with no middle. Would not a more progressive fee structure starting with very low fees be a good idea? Also, I wonder if it would make sense to consider if the owner is doing all the construction themselves. In my own case, by not hiring any labor I minimized my impact on the roads and affordable housing needs of the county. Secondly, I am unclear on how Crystal River property would compete against other areas of the county in a growth management quota system. The county is made up of distinct watersheds each with its own peculiarities and problems. Wouldn't it made sense to have projects compete against other projects in their own watershed, rather than county wide. I am sorry this letter is so late, May is a BUSY time of year, Have a good meeting! Sincerely, George (Wilk) Wilkin...: Public Notice Hearing Public Land Owner Comment Growth Ma Page l of 4 i, � •off From: "George (Wilk) Wilkinson" <wilkw@email.msn.com> � s zs-zvvo To: <johne@co.pitkin.co.us> Subject: Fw: Public Notice Hearing Public Land Owner Comment Growth Mangement Amendments May 25 ,2000 hearing. Date: Tue, 23 May 2000 15:40:52 -0700 X-Mailer: Microsoft Outlook Express 5.00.2615.200 ----- Original Message----- From: (i orge_(Wi1kYWilkinsoP To: PattLClapper; SLe i er; Dorothea Farris ; Johrl_ a Cc: Jaya Jardy Wilklnsorl ; James Kent ; Lenny Oates ; Mi[Wrc I Zimet ; Paul Taddune ; Sharyr Wynters ; Don Ostrander ; _EdwgLd_L wson ; Gail_Stanger; Harb_LClein ; Marjory L..--K—ephart Sent: Monday, May 22, 2000 7:01 PM Subject: Public Notice Hearing Public Land Owner Comment Growth Mangement Amendments May 25 ,2000 hearing. PITCONOTICE52500 TO: County Atty John Eley Bocc Members except Mick Ireland Adjacent Land Owners Marjory L.Kephart, S&M International, Tulasi &Jaya Wilkinson, Robert Stanger and Aspen Mt. Construction, EAR. John Eldy Please have these Notices Read and Placed into the Record on the May 25 2000 hearing date, placed in the Commissioners packages. MAY 22, 2000 LAND OWNER PUBLIC COMMENT TO THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING ONN MAY 25, 2000 REGARDING ORDINANCES AMENDMENTS TO THE PITKIN COUNTY LAND USE CODE: "FAIR SHARE REQUIREMENTS" "AFFORDABLE HOUSING REQUIREMENTS FEES AND MITIGATION"Article X, Subsections 10- 100 etseq. "PUBLIC ROAD FEE AND MITIGATION" Section 10-130-30 etseq. "NEW GROWTH MANAGEMENT ARTICLE FOR DEVELOPMENT OUT SIDE OF THE ASPEN URBAN GROWTH BOUNDARY IN UNINCORPORATED PITKIN COUNTY. ARTICLE IX Sub sections 9-100 Printed for John Ely <johne@co.pitkin.co.us> 5/30/00 George (Wilk) Wilkin...: Public Notice Hearing Public Land Owner Comment Growth Ma Page 2 of 4 etseq. Rural Area Growth Management ." "ASPEN AREA COMMMUNITY PLAN Boundaries and Physical Constraints Plat Map." 1. Please note that the Aspen Area Community Plan Boundaries and Physical Constraints Plat Map, "Aspen Urban Growth boundary line should include all of the properties situated on Smuggler Mountain within it's boundary. The county Commissioners, Staff and County Attorney are under an oath and obligation to uphold the Orders of the Court both Federal and Colorado Districts, which set forth findings of fact that the properties situated on Smuggler Mountain including those on the top are located within the Aspen Metro Planning Area. The draft proposed Aspen Area Community Plan Boundaries Plat Map Aspen Urban Growth boundary is incorrect and is in direct violation of the Court Orders in 89cv24, 91Ca1780, 98ca2056; 91cv81; 93cv11; 942244, CA 96-1235; and 96DR72-1. Clearly from 1954 the first zoning and master plan of the Aspen and adjoining Areas until now the Smuggler Mountain properties, including those located on the top of the Mountain, have been included and do in fact lie within the Aspen Metro Planning Area. Please direct staff to correct this most glaring error, so that the Boundary line conforms with the above referenced Courts Orders and Findings of Fact, and the Historic designations for the subject properties. 2. It is noted for the Record that Wilkinson, and Fidelity Trust Building, Inc. Etal have filed a Land Use Application pursuant to the directives of the above referenced Court Orders, and that said application is for 86 Substandard Sized Lots, and 40 Employee lots and Homes, and that said Land Use Application has been on file with the Pitkin County Land Use Office since 1994, that a pre-application and post- application conferences has taken place, that the Applications has been and is still pending processing by the County Staff. That said application was filed prior to and with out knowledge of the Pitkin County Moratorium Ordinance passed Jan. 2000. Therefore, pursuant to the House Bill 99-1280 and Enacted as C.R.S. 24-68-102, 103, 105, & 106 and pursuant to C.R.S.30-28-301, 302 and C.R.S. 38-51-102 the county is obligated to acknowledge the Property Rights of Wilkinson Fidelity etal and process their respective land use applications, under the Land Use Code in effect when the applications were originally filed. And in accordance with the Guidelines set forth in the New C.R.S. cited here in. Please direct staff to process said applications and to acknowledge to the full extent of the law the Findings of Fact and conclusions of law in the above referenced Cases and Colorado Revised Statutes. 3. Please include in you resolution, an exemption specifically for the Smuggler Mountain Properties under the Section B. Vesting, regarding property determined by a court of law to be vested under common law of the State of Colorado as set forth in the Litigation Cases sited herein above in paragraph 1. Make such finding as an individual case basis. 4. Please Take Notice of the Attached Exhibit a PUBLIC NOTICE PUBLISHED IN THE ASPEN DAILY NEWS AND ASPEN TIMES 15TH DAY OF MARCH 2O00 AND THEREAFTER. 5. As to the limitation of 3000 square feet on Standard and Substandard Size lots within the unincorporated part of Pitkin County outside of the Rural Area Growth Management Boundary. This is inconsistent with the Moratorium which set the Limit at higher limit of approximately 5000 square feet, and is 5 times less than thee existing 15,000 square foot limit in the AF —1 and AF-10 Zone Districts. Printed for John Ely <johne@co.pitkin.co.us> 5/30/00 George (Wilk) Wilkin...: Public Notice Hearing Public Land Owner Comment Growth Ma Page 3 of 4 Once again the County and Staff have shown total disrespect for the rights of Private Property owners to economically or personally use their property in a reasonable equally protected fashion consistent with the existing approved housing which has been built in Pitkin County to date. The County now calls upon the last existing undeveloped land owners to bare the burden of the former County Commissioners lack of judgment with regard to prior land use approvals which have caused the current state of affairs of what is perceived by some to be rampant growth of oversized homes. I must sat at this point that I am for smaller and more energy efficient and less visually in- pactive homes and structures in general, but 3000 square feet is far too restrictive. A better threshold size would be 6000 square feet, not including out buildings, barns, shops, garages, stables, art studios, and guest house. I would hope that you would consider this larger figure. 6. The Costs add on for both Employee Housing generated and Road Costs Generated are extremely exorbitant. And simply add to the overall cost of construction and living in Aspen, and further dis- infranchises everyone who now lives here or in the future wishes to build a home or remodel same. If this type of regulation is to be applied at all it should be applied to the Commercial sector, and not the Residential sector. The people that live here and own land are not the enemy, nor are they the ones impacting the environment. Taxes levied by the State and County are supposed to be adequate to pay the costs which you are now proposing to extract from any one who wishes to build or use their property in Pitkin County. Please sent this regulation to some other country, and do not enact yet another shackle on the property owners of this County. 7. 1 though I recall that all of the BOCC members had committed to making the Pitkin County Land Use Code more friendly and easier to use. This proposed set of Ordinances is so complex it will take a team of several lawyers, and land use planners and County staff to figure out, implement, and implement, use is most likely out of the question, and comprehension is beyond most normal citizens. Sincerely, George M. Wilk Wilkinson Land Owner, Smuggler Mountain, Hunter Creek, Castle Creek and the Crystal River Valley. For Property Descriptions see web site http:/www.ecodesign.com P.O. Box 4067 Aspen, Co. 81611 970-948-0168 e-mailWilkw@msn.com. Printed for John Ely <johne@co.pitkin.co.us> 5130100 To Asrsw Tim: . . .Box E Aspen,Colorado PROOF OF PUBLICATION STATE OF COLORADO) Copy of Notice County of Pitkin ) I, Mitch Bettis, do solemnly swear that I am the Publisher of"II•IE ASPEN TIMES:that the same is a weekly + newspaper printed, in, whole or in part,and published in the County of Pitkin,State of Colorado,and has a general circulation therein; that said newspaper has been Published continuously and uninterruptedly in said County of Pitkin, for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement that said newspaper / /D has been admitted to the United States mails as second class matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a a weekly newspaper duly qualified for publishing legal notices and advertisements with the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was pub- fished in the regular and entire issue of every number of said weekly newspaper for the period of_ [_consecu- tive insertions;and that the first publication of said notice was in the issue of said newspaper dated . _A.D., 20 CYC)_ and that the last pub- lication of said notice was in the issue of said newspaper dated MOU t 13 A.D., 20 Ot� . Subscribed and sworn to before me, a notary public in and or the County of Pitkin,State of Colorado, on this day of M0,44 AD.,20 00 Notary Public My commission expires lD fitw�'.Z a MCA weine Mllik" bwi, Yr te�tlle i+:al&•',*eG �USt',CCr a ..,ri Jcr �.,�, QIppW t?.ee�rWieet.aWhw dKxM ! ,� N�'•y�l� .aiilld ,oNdLLwn �IY�Wu�t� iM IMUr'Por �y� Y gY got GQJ.4 ' am of bmwo -� :. ritwCri xt: m #IW� + 6. t'fia. ttxssfm W r 1..gahr - 7LiK. af.dallA�.Cem�InWetlw q. _...'. "�;a yg- ;=• a .:: ` r,, .. ,... PkYhsWColorade wW cmduct a- eltlle" ;._t fr4a •'r MWilr , W Comb 'WlbsOfthe blk�yi and he heard: , BBe AND PWAlBGIIO A70 BQIMD..COMMsm OF TIE BOABR - tAMMISSION[P6 #, .:},4et as iau1 e*+ssra Oy►RtfYNCMMl AFQiOMFlA0 TO TIE NEW t:dMl' MO. 4 _ 179HCp�AD MK A A�y GRAr4D A"r- ACFJEMf SIDCTgN,AB71Gi BW.AHD ADOPT +e'B�e"��. .Yowl-1d;, T e`bBe w•v°tsa4i- hVOTIE-Adl�IB�WGBOlyftibgHH)ABY + Thh Oedhmamce a a new, Growth ed W MIS IMw .9ur+avy Boueaarr( :��IWBIBIn�dtedf4il.� '�!Mriawed -, eWIwMM4 � the AW a lec €: The Dowd dCerrb PaswYmens of Famo !aa AY CoAfte oradoaahu1M1e6w"*Ab p. d 'L AWHOO if' n .� A htYaCailgWdee.WYoete eY{Ylate the rr mtl derWpselfd 4ad pwpmt to t6 � `: � '. �'+'3.l ,A.'4Hsesr<se-. . Cakeado Rerhad Btetuks:.. a.,.. rrF sG.a A"qY' .e1?.+t. e`Yr*+'3&`� '�i1* /� :t ;tlW stal �.afTWedG(Carq�PMaeYy, " o Mu+mahl ,Bit b' .' k CMWR iYlbb Awra.d d oe'N ! 'a lid wYr.. ~s�-, o Chm cam.. at a�1Ile� C d of Tlde ,U (Rimed lhdt ++*k Rlrt%d� R. a u CMfNle 9t01 Land dMeKaMR �' I lflYiV' iM tlYltaMhe per UrCieWipF#nYWftAdl and ampor 11 d 11tk IR.(Cawgr Pam and ;l�iMt •, `>'�, tM � fp E§' Y :. an vk rqt •. & 17yo Cwelb but atlY.YrwiW wAwft to w... II y '2 eu►r2�ewdliMpywpatwdq►do�r Pursuant tothe£alaraORileMACBMrlMc I I I�� '��(A MF d - i. ?relYle�7�XdefllpYeWoatYr<es - � t `+.;« ?�'=` o. (A)NYhout,ln* sae 0,30000Z YIMr}F fj arau1WBy K' n,+4t^a Was d730000 IWhWamCZ- ry�rati�Med Such tN h6,the4w*A 'totlhr lsrq}aposte the uee efYed bF... + INW lernb a (9 PftddW4 Ter Yr.wf Iawaen..et no rr- - lawnit tliy ba'Vie hMl�ucktlYldef ou Ye oagmMy arardwltl&NOW ad oMaYfiada►meepvN w.m"m"ada� lW� ��'�, ; k'�` +W� bw.MJ�tdaNPeeMNaa afdlrmehamw � t1E'= ro a rl�}rdaheet.a�exd.pateww l .- ," �s�' a � Y. deditli H►BBddt!M Eloloeedo 3rtater ° �l'�k pa�Y.nyha�. , 12-C The Aspen Tunes•s rdw5' way,edgy net,2w 1. Any development tone ma,orraqutrog redevelopment ... t . ... . nunlwseaiaesex of existing rcspm ntof structure building permit. Including all new structures, os1 ! O®(banamraG any remodeled structures, any additions to - ! Reweesl Ommrrmp existing structures and my replacement strue. ". ! Onortremmerocar lures. ! palplleenenl®£M 2. Any development otanew or redevelopment ye.tta x000so .. bssym[ruaar�yw of existing ammmereW structure requiring a M2 gbaes Prat building permit Including all new structures. any remodeled structures, any additions to i •'a^w'• wMarrRxrm existing structures and any replamment arnm- tures. 1a Mt ! orinyrmMawaAEM 3. Any development of*newalMeveopment — ! orawrnawsvaiaw, of existing tourist accommodation unit requir- ing a building.permit,Including all new struo !.dn0lwntVlwnierlr turn,any remodeled structures,any addiddre SQUARE FEET to existing structures and any.replacement. /i11o. bxeurWs ...ammnsereavalMPA structures. - Word qiY yrae B. vesting..This provision shall not apply to: S— 1. Site Specific Development Plane approved WPM Yresnera - � yrrstnemusassnrs prior to July 10,2000 still within the smothery uwe ! Ssxw vesting period as forth In section 4.140. If9musMFex tee AadntwcIhax statutory vesting is determined,thepmparty in TMAlJY issue shall nor be required to soak any amen- Dwatbs for 1/ ereesM • 'Inrmrmrm0.usro twee/exempt all hour s. At the and of he ore Panama - development allotments. At due end n the statutory vesting period; these. Growth Management provisions will be kit:applicable as* meads!ra to the Property as allowed by arms lea, , Ooulrnw 2. Any properly determined by&court elfew ! Lots Locamc MAm or the County to be veated unit the contusion Pxx sma Y M.ld Law of the Wit of Colorado.The extant of any : !.uar�ov®aaammi common law veding and the applicability dthe PwesTOJ,11b 1x to Growth Management provisions shall be made �10.- E+wapexn abwialreaaaasu on a can by can basis. ' 9.110 RURAL AREACROWFH MANAGE . ! 7>ot.•srayrtarew MMr-. U93NFIM AM E MMWTI'!ry8 Pnaa AlwAesneC Sulbectloea: I Mcsllrvxw. AFRICIIIa 9.11Od1O. PURPO86. ! AmnbwuxotM0 P71OO2O GENERAL STANDAM AND'CR& sauaeParauowr MtIA FOR RURAL AMA OtCFJY TM A191EXIMUMM ' • mwenriarmse0ren tap 9.110039 .GRNRRAL DESCRBP tON OF its f lerexn Brrnwloamesn RURAL AM GROWTH bii1NAIG MENT es• aeabwaprmm Rocown BBAIU:WMkwTwm vaPatrnmMwases &MONO el(MRrAMORVEDOOMT 9.11OO41 Incentive for D"..=Restricted DweO1y Ibtra 9.11"42 Ycmtive.In Stoop! poefet lly I1n111 Taxsiaetlaessaaawwaaemewrrk uslxw &II0d42 btawAn ter OsvelsOeMwl waYMtallpryl.lssawesblursluguMw Oise TarmalteeYe.�RIMre dssenchantaMssasWAMW�f=kW% (. ON Agricultural Orvelwelyl,Runs 9-110" Pry lNBastlM A,. ;sYeORlydwnGlawrl,4Albld "Iece" ter... r_...-._ d Dba nMegadprYwMrl�4ksswM�g4�mis�niw+agpapuosirsein IRe 106"kKnor e ....cioso Panel[ �i-"�yiaY'GrsYw s7sHefe e•11OOh ■IDP u ups't7Rseaiy 11a1k'M . 9.19.1 FROM.,alowwM t. Aeb Owwtrplwre Is of,I MANAGEMENT O41O4O1 ,gee laeBadhei{bdpte tb eaeblbrntatswMekbawsab ergolow b Bond APPor'N male.and Tot Pop. C4%m tNaORYAatONYdlwa 107E PM1ds 9M. AO-PP9awm wbrwdNaaw aarr.etera D%eewysrbryalxeMrfgrg„N ram 9-11002 for gkmsdek'Samow 4xydxaawsewtrdxrhslaaWBiw q�rsNlamraewlabpMkFa[ f al�I+M�laMwx Additional Tell 111"hoonstat Gets, 9-1y 4a sntist Co®� Fl - & ANi/INxM axePlltoawreriMil0o0 A1Ms9YwpYPwt/tl�rM!ML Pray esmraar s1s81 W ip'sia/sta/11Diwn: &IIO0R4 RseO�IImP fe[CaapWiPss of Open ;b,; ,pawpraoss8911YrwYy,Bs��tti9Oq adOn in 10alw,NgywL c�ya.«�mkR.RResapilYuu;.r'.,< M1gp6a1rysMsaprllR!MIiP, x s'!a+'tr k ,r7� 4,' Psxpsas 'fl gaha fto a�snyyf�wki9i �_llatidpuRair _ byMbeel efeMag trot.:. 9.110010 :P,svp&se. ' 21 dwnppwa+Mdss9a�tr�psigt�►li41n/!►M}IM9�n4war Growth Mabgmaem is applicable to all stgn9- Cabpy 11M NdiMYi` - y cant development acUrity, which means that , most developalmot AsildtPoia -�d1�FlE �p To st AMR, O��•0 dw through bltasgmmer symn,aha .�yv _ tlw eaxaaq awr smn - tncentivted or exempted from compplltlon. Tapm The purpose of this section is to mesh¢meryn yOns1a1 Pasanulge wwnrxsa ee% .. .•,:.,, discretionary incerstives and memotiars In m dab9abs Growth Management within the flunk Ain..The - Incentivesandexermptignssmoftiptilslac- Millais sw'bnesl spry .s tubes s1resM ton include growth the would Mrm�y be Da or,14 aMetdarlmsyxnb an0 euvnb 4wdkiI .Iftemblbl bop% Included within. Growth asa9am but Assesete e wxlwey kt musloaneese emtmtw ofmxaya0 bbf ew rnwm because of mine ove"ellggM puTdlt wdaest WMxnm919 rogrrlrs... bbigtlumw mtbthe F I I MdepiagapslaMlyaM related to the type of . eat wtlmwnbroo mwAptw crashed.Incenthass are�to promote the .. praeclbs I went-Wha + Yagswr9asewalbmaea type,character,locatbnandquaWdoalso(The aalanimWSW%atM 99tsslas9t9sssesdacx.. , County In the Rural Ares..Sorge exemptions,are "Wfxwrtlasmw alb:_ NPwsedyoadttarrrwral also allowed either to cMUm M bNtaical- iawsaq Mar.rsaenersxrMI alsaoarrwrawdMdw(y, .- exemption or to promote another goal of the xrrOsilnfip.eyt%rxrrttwxNl County. The purpose of Than hsoantivee and • Oste9sry unW wed llOtarbaawt ' exemption,to to allow cera n types of growth assewes mkm M%elR■to proceed without competing in nW obtaining sdaarb Growth Management allotments,however than o%�• nsn art sea fes awns Incentives and exemptions me stBtll,be carat. ensesii Ua► , bar ,x&arsa bowed%I'M - • aNfwlyda+ada ed in the overall srgeax tsY auFawaesdawes� growth rate of the Runt Area of - UubresyWpx"bdw %[wn County. taPaesbeI"Pos "w &I1OO2O Gesteral9d lsNat sdGReriefor 0• �~•set*4w Rural Area Incentives and Faresplluns - A Incentives red Ewen Ioua Discret MOM 009*24F:RI&k R3OraPWAPR10, Incentives and pa ImaY. d. Minimum De dgin and Locational Criteria. RB30,.=W4r&N0gWO M6W the The I exemptions from Growth. 70/30 deveopment projects Shaft comply with Wowing emMham and limitations. Management within the Rural Am set forth in the following mmin um design and ocadMm a. Attadred emeWm melt aneblnm!coed this section are discretionary Incentives and crittloc - sever,hundred..(700 net livable square lost, exemptions,granted through the procedures set 1)The construcdon.qud9y of the deed restrict- OMW that sardtloer asks In the R4larl R1S forth In section 3150 only upon demonstration ad unite stma tie msxistind; saeesahallM3mlted o4 (4B9jeet by the Applicant of compliance with the stet- 2)The urn deed res ted MIts shall be maxF livable square ken - dards and criteria for the exemptions - -mind comaiderkgthe economics of:the project, -b. Tha Boor area of the earmakn unit shall be B. Compliaore With Code Requlremaate. As a induct ft rise Ytely,pb9t on any free market hmfuded'te 14e ohm ellowed gas art br.the prerequisite to the grant of mW income or unts and the restrictions mthe pricing of the lot or parcel of land. exemption, the Proposed development most deed restricted melts: and c:. Than phell'bsyrwided one(I)okatraet comply with all requirements of the Cade. No 3) The development project SW be located puking space for the carmater Me. incentive or exemption shell be granted where myldering the ,riaria contained In the Conn d. Tha applicant shall by deed restriction car the development proposed violates the Code. HousingPlar,, other permangd comes ( smopntwWathe C. Consideration of Compreeelumbplt"Plams..The UrgL:giMsaittpUKthe ChR4f11tpaWskysa[ mlk*,test to sallow,adlear- grant d r the applany icaaWe ompm nmve Plana,Shaft— 4 Outsi,Density fkame,for Deed de Restricted tte AAHHza,e -wk be ecneed tie t eiglno Including adopted irises In the Incorporated Bttrlcts: parcel regardless of the ueonate form doneer- areas of Aspan,BaeelL Carbondale,gnovm - Dead.Restricted Category 1-/homing In all mne ship of the caretaker net be limited to occv. D. Incentives and Exemptions Conlfyere Upon districts may be exempted from Growth -poetry AV tint msra Them two-Am adelb,and Availability of Allotments. Incentives and bfanagement. Aa on'eddlgmal lncemke,one "IWddlOdraq.Wallis ��a!s!p99y�'ail(sOd' exemptions-shall only be granted where them (1) addltlo* dwelling unit which is dead lomrdby the Meuabtg O&ftedbsleM9legasaof are allotments available in The year'.requested, restricted Category.1.4 my be allowed and .the commtryty under such guldmhne as,may provided that where the incentive or exemption conscripted Iron Growth ManoOsmmpi an Pry lot -:hamWho4edurebe doodiYdied by ssiA autinr is required to be deducted from the overall allot- mpacePbeaod unfolds of the AH none dis- K)r, be railed or tams not kM+UI®slr(4) ment poop an allotment may baser even If there tract eablec!to specie ievkw approval. The months R MOM.The Co modw DweWgg Unit are no remaining allmmeina available or that one(1) addkbno..Category ld dwelling wit may be of bmingine year may be allowed even If the let or pucelb sub- .kW*oven Notgh,davy,agp nut;OUNH&ea E. Incentivixed and Exempted Development standard in size and the making development .amptaiaeor of the commssmgy. liossibbe Subject to Fair Share Requirements. M the lot or neeal'woald not 900mmwith the '- PamMy'chWsesms I ' rebtbdbybgnda Notwithstanding any Incentives Or exemptims underlying tam disasters mi#A m parcel sire '.-maintop:wit*Is'a&st,ce sin(or ciaer:n1a. granted pursuant to this xemlon,development for each dwelling unit. eve)and his as her children:. approved se exempt from Growth Management B. Deed Restricted Resident Occupied(•110') e. The Camialm Dwelling Unit restrictim may competition shell he subject to.Ask Share ,Hondas Urdt• - be removed.by Als,propnly...awes:tym Requirement pursuant to Ardde_'except Deed restricted ResmentOcceged C.RO')-Unit appew'd of the Q Davekp R t .. as specifically examined thereto. in say me 4WWd my be exempted from Dkecva,soloab dies, tk2i:a" 9-110030 Genmad Growth.MpgAptlant bar an deducted tram the dwdNgg k nessrs OoT ■MEIBMd:The DescriptlmdRwm Asa. total nnha'W amsela9amelnta avail .rmetlule,g iapawRal is mtm.�sse.fortgarha Growth Maengeeseet ibcentiv's and C. CanlekaDwelllhg tbrO M Us') 1st9abte o/.oboBpmcP=r a dwrtAlag titan eat Exemptions Caretaklt Dwelling Uhda C£DUs"),may be :amKrwt !end nq*eo- The following table contains a list of the Ineen, exampted from Growth Monaganant through rest% - ` - pedal review and the standards and critters,of -.2:. 9sharAad Oal�Bwskmg.ffaet. lives and exemptions available from.Growth thksertion. .The Commonalty Development:Wneroraegrps- Management within the Rural Area the aPPllcs- 1. AttaraedCCarstherOwe"Units. mit Caretaker DweMmg floes up to seven hurt ble Code section#ud whether the lioendvized The Community Development Director my per_ magsln]ot or exempted development is deducted from mit one Caretaker DWWWW Unit attached to a In the R-X AFR4 AFR K RS-W,11930 and.R& annual allotments: single family home (hereinafter principal 160'aoeaA'niLay other kodOmrb— dweWng")on any tot or of landparcei d which COOMMd seal lit oelk m ASPKW 12-C The Aspen Tunes•Saturday,S"nday,May 13.14,2000 1. Any development of a new or redevelopment P14huanl,to section 9-150 In+vaett Case the where listed as a special mumir a e, of building existing residential structure requiring a afro- a iraawrrvawae tNyRbrwar••""1)�yj�0 CounAPPIty Commissioner will be o d by the Board of may ppe e W 9.1104{4 Iooesgve br gm•R 9Ul/eF�tly building remodermit,eled including all new structures, •V,nMalbmcrmGrmaYr4AIs4anYafleuaNEL deny the application. The :.: Ceremonially LYIs any remodeled structures, my additions le. pe e' aeanmrakpelanp rm wimufm �yflppmplf Dkeetpr MAYrmk Cmetaker existing structures and any replacement struo ,i GampesranrmcanmaruDn&uWiaare RweMng UMis ptnbn (�m Uw TO,PromMe a type and goorart ,d p er ,davelo cores. mrrtdeeired.Inthe Rural Ams exiscandeefor ♦ GrmrmsmgrwDaldmtrasamtaam able souses Nat on any eWapofM^paedlMWad 2. Any development ofanew or redevelopment fo-ttp Inteneva . hcrimmasR4awu&s"alamYlmm4rW mtiss R•6,R•45 and RI6A MedYVICb,Uld any -. pyg.,ay1j1018mgy1Wh.Yo/rated wJdffi afliwe of existing commercial structure requiring a oat gm�� pore come diaw144 w'beiPe varetafcer d Pti l Greerth building permit, Including all new structures, weu*4 tM1e a:eon on Of WAM Unft _ any remodeled structural, m additions to L•'t xpar•he -dab am Rated as hfhiinganiar competltbn,:aWiem trdm bflow- existing structures and any replacement struc. Otis ant r Oavmpmmr �nmssymmrwma., lieeb Atbmebpobtealian Pinsirwst 404ecti S big - tares. sa Art. ISO In wMWtems the ePpRmdaneill bernnNd A G•Mling"Wb Shag be SMA Ali dwelling 3. Any development of a ew or mrlevelopmenr - flinnrhiAmltoD,an � � end by the Board Of CauMy COMMOk UFO kmmtvimd through this pro,ion sag. of existing tourist accommodation unit requlr- - /mnnorntra4Mlaelmurlima &wRUM 'who ruby approve Of dray the ypfleM/on. All be thatee to 2,000 square poet of How Din ing a building permit,including all new struc- .' oYgwoLyayomrrpxu,rloamEgc®14mD s��Malt topl 'W�`V 'sim The tow her o xgmmupted law Growth lures,any remodeled structures,any additions aplvaaser principal dwdtlng Mthln a Prop"approved Ma•agemw andl IS:--NO a toag to-existing structures and any replacement Fiala unmans- - ontbidldrnfl.Ordetadian. A9&cb:wdtsmaybe NOibol"Umd. DN 0110 Mee. himurwe•suMpmnhAvais4Aae.vAsaew.ruA- tlra,dweflbg b rorntaha lase if structures aamd Osmnwrtaua aFWo'ng uuder.ate IWowing txadimns.ang sevArL gl, iWlldbrls: IbAr seesassp slaw alea lkowed...-. B. Vesting. This c provision Development Plan apply to: f_ - a.' Tbe flaw amen d-Ihe ametdlm wtatWiba'.. B. ,,Ad*Up and Mile Obdbwed for Fire. . 1. Site Specific Development glens approved {At10 Nxapave - . Ysurnarasmaiwmmwrnpaallaar&i Included In the Dotal aflpead flow mea far aM Yaam Aftc ComMc*ed OCayNe¢ Addltiom prior to July 10,2000,still within the statutory 04e tlrinlarmlu lop ar Dawel ad land. a"00 uste of TpHs to am ow am!+lave the vesting Period as set forth In section 4.140. If preaoenouu&xaa-Farr Wtr Wroro - b' Mawo SW be Pm%"mu t)dpelr m fang Hour ay allowed for risrepinp units couni statutory vesting is determined,the Property In 9wurmPoarwaLorwsonCwmwweaflaran�' 'PW"09 apsorfor eackbadyomwitpgt the am-- pl admigt this WOOPON SlWf bepoWbh$dfor issue shall not be required to seek any meet Dwanaiter . ' deal dwditIjg.tied pee (1) offmam pmbbg AW90 Yawml Wrtheimwm4eal MeemtMrate . fives/exemptions from Growth Maagement or f&iip mow• InnimSa4ttaWrnmmiMmam7r4nY�aeAia :aPms ink ehdl<bedmOm blbE candabR UIL :d ORc•glmak3' for the distilling link ppYq:.a development allotments. 040 At the end of the r'MCnA ', t The applicant shag by deed rowlicaan or DmaDiil.Managemmt &HOUND" Is obtained. statutory vesting period, ' these Growth .0um Dann"cmmwb otnmow with the -lbwedm4 Other Wagneroresmpku,msy Management provisions will be fully pplkabk 11W END ON4xsr1mMo4tams•dm -.hod.ipmrantsethm the cmetakrAM$haRMt bouppflbble to the property as allowed by stale law. Mt ♦ r4wwmmman be ragp4ed to be ratngr sort m fold or caber- 2. Any property determined by a court of law V L LonlrWMA&am.®prAanNmmavm 84 regmdYad ofwhisesconeeyed Olt sepalialsid,hum the , 0.110" UM jmHvm for povelopaamt or the County to be vested under the common pDparparvr4iaoo 1q�qtsrg law of the State of Colorado,The extent deny ♦ UnwrahpPa La YCRAt oDmganS .0 ship d the a lmoder Wb.ba lb*W to ocep• �9 TaWlengle " common law vesting and the applicability of the PwaamAse Meru prkY by set:am tbap tea 4dtdt•.4"4 Growth Management Proviskm agald be made fella 6+mriesn O®ureaveasasrariAaalnhOYainbmeaan�Ir "land rlddu4 sWnegWMy i4 Cod lmimbeen.. 6DOlnaiaMr of tevdogeem rights(7'Dlb))roni on a case by case bases. pax Cana: found by His NOIekrAdAprlfy tRbe)OMPIer 'i4Manmtloq$ifs Ixerad m:tbe lhg•IAbmpte roes of the cmarpsaiwwww F-W h'NUNIUM NO Zone Diefrict Noy Provide an a pti m Used 9.110 RURAL AREA CAOVVM MANAG4+ #+y,be from Hum re amq,WhiyGd by said pslfaMfiifmu•g!imnt siiblNiLtoroutPWnw wkh. 11ffM: INCENTIVES AND fl7ffAWTM7M4 'r asrAmm,roritemaPrav Uam tear®rdM .MdhorkY:be ranNd doe ppmmrr mrAeM[um*lx Aagd4��;,: Irmpa Aaswarm OnmNsL 4aaCaap anM0pV1 " ma menthe a aWng, T7mctaftbe r mt"e .i Subsections: war h,mwvaeawnmaaowrrYnmLr m46eoaiipbd by member OFDAe ImmaAWe . ►IMsml m7s"s ) t aerumrs MtmD�W ill" MW'PW qudy m 9-110-010 PURPOSE Asonmau,m tea•auruaa Oerq Taeatr wen OWAVAAty'. ...elmmngbde 8-110420 GENERAL STANDAI®s AND CRL 80U"a AnpwmlNalrinm Ea#ilf+'sieflaaeanapet.rtrwmplippiaoamr f.tp$+gg r pteP.aW br .PrOmureW. or TERIA FOR RURAL AREA RNCEM IM AND am o- munaxssu[Ssenmmaraaamv inm'rlVe who INl flee Oolem(pal elosm Deis. ,:.igafmir g%wdanan EXEMPTIONS 9-1 GENERAL DE9GPenoN OF Pit& Far4Oaa &arrrnr�t•pllfuata&dpmsiasa 7lss roiebbm,dwaigbSAmEipW6ibR4W voimladdRknat.tljPd►bmiRye 4Nsan RURAL AREA GROWTH 11AMAGEMEM &ramnHiwmasrea0mmvygm t be fe A**d by'AAN Psgpaffy samin span ..es,aRawng one perad am INCFPf Am EXEMPTIONS N4m &Sm &110-040 INFY7YMEE)DEppl F DNw DE 29"$OPWAM•' • ggm%subject to the iBow&g&w to . m�imm tMl D4 A ,rs dwwflbig isemmerng De m.adl6ng an.Rf �5i•rAwFmagy Lads and "Istattc N"MM 9-110441 Incentive for peed Restricted madlbag. `++mow+ Tbla•dtHtlpnd aflWWbe � unit b rmmpt hd.**, f 9Dwelling 11 IbW2 WI tenure for 9rR lisgleftadbf .. rc4pable,q,mmMOW ON 6 Dwl0nW.Alek idolas1s 7' W toRSOD a00saa JaNtd now Unib - r mast mind Wwaarbi4WPNeabm,CiidA mqu4itr s114Mi dofs� Wma ham 9.110043 Incentive for Development mgpA M•Mgamw" sinafl be win b le Utllizlag Transferable Developmut.RlNEs essetalandnpn hwnas•wK(tyllrsianel Casl4tidfwaT4! idgp"(af ,• Corp Axa"aap LVwaRhgjprgm; demlhlt ftaMAmcered piirrlDat MAW ricer N+Now•a+rvuwfAO"Brr,uOiQawawsiYladmldMm Tvo acommory.dwNWak-DIIMkR'.:NkRad b .iMCIRNmMilvedw-Was mi�ttmadaaRn- 91 10444 Incentive t W�utay Utltlstlam A. mlPlaOaa-arudjar ctl'ebkm awdxnl d MmylWr Rnpq ma - 'ma rasp tnmN me. few, mrq bee GW*tO R :"jk"& Osb' pan •lklftle4eL aiftglsbpslly 411oas«o�n.e9 Fl Eramr.wep a aadrmAiiS CSIww7 aRraraiwaIpgmlahwamwaNm.dapeaamaalw iMMbes ae•mlimmYM fimblm �p .pateei NDW aOdRmidon xwtic saenlarsu m4i41aAwntaoAnifnNpwuN,adhw6+akwbaMrrmp•ard eanmr wmd�i ,lapel fd am RBBO.RtWP:,aM R8.160 '. t�,t 11979 Y �mm1 "rymsem of the 9-110-016 Incentive for Chumming IMib on Was, aepnraacrgny r4nmoramDaDasewtamSanRN , sad•diW%da.6ilfrMmemplpae Wk manMY of Ais/mk "agdnnnw an me Parrot. Thirty-five Ave room. ,l �,aNm�MaWIND lrld�„atYy,Wit amwomw�l, pr#� •4 h�>"mot MANAGEMENT PTt01Ns FROM CAOWIH i. 7pct4wMpmwrnMss&Iatb.ARipwaSAws&trrsaar ., time wMtm,WOad V a Bimdmi WlMw S. I,tl g0( bN1N 9truclu�s.TbeAppikad &uo-0S7 E:mptla.6rlgeAea Udbb mac wgrnwasrhWsaaawnv.n+ mmkrnra lam` 4 Bound Approved S-bdbYau and an Pse•. Calmwy.na RDh•Wmamsaradamltaf#klhwme"S• amlydiuM+Y alFl pM iay1 .,yn3' 1970 Pneda ikew.,alaswuwrpest&ba&apodutfnafMrwMbsl a�* ��^ aiitOlWbitlitM mn'"Mid M 4, *"W if�Msii ��aawMr Md10oW aodx "on post for Rempdds.9mdW dvaloprrraraer4saashm *owp- i wad olleft qv iOlNmgY��ym1,p��um_iDmgmlf ( pp41 81S PIiiftf 9-1104MS Eeem"pp for Ewen" a• aNAPW WA714haW"InaigmrameA At4m 'ea'aFftrMd pdmvlakrMttyt iat:DineFm` (6R'pm camm earRitia 4 wa'•mrarhaAWAlmmdAw4nlAaana P l�ImKl�mr•MN- -b fdabtpJtidHe6mlc tim4eine. 9-110-054 Exemption for C wen, d w tlmpbemflffi NlmmlgOmlPsONra4Dw.. aram4d PeeOmtY p Mil CoimOL Am' rum Appdeat IN cos Ric his- Space Parreis and CreaWa of Pareds car iDitaFK fPMani 1011i iit4ablcs of f11►'Qlde Wag talk 4lnmime con coNplmmt m a fm'Y yeptt to Public PaNNb far P•blle. Ag4plwMpaeyppyeylg 1 „" �sqs' � Y�r4xF, - CMQ' S1A�dRMkAy-mMkrF� all Cmarasr&e ruse asmDeomaiaihnplus0.ilfin mia&mMeWw .L._� ,�mlLg�ee.1mFidfldhb 40 9.110010 Purpose br awt�Na/Ceuhy lkaMNmemah4nhgihEYfprb,am li• 'R•IPbfanOwNbViida CFlRj{� Coded.aitagdMY be WOsw•d esmI prllm tl Cagiy vAnMMss nMh4nnrNmnbNh'M mlrDdt�el*i114R �iW,4rE�U*r) mW be " Growth Management n applicable to all sipnl& cabgpy t.seup _ .'.. Sp4md a0dffie bs imiot" i W ,a ,1cant tAaWIiR w.�iflNknk du4eAke most development activity, which means that A Moa*w "� Ibis.Sac1106 pdaebng or ,a MiM Ira most development most tither compete �m„ash the"sense � .1 uns. �e �A a� us orwall� 'abPmw through the Growth Maugamea eytem or be Y "raN^sP": 0M' rt�(re � ben p1ss alining M aitgmo& Thepurp s or examined Trom competition. yypva P'awtausllalD �M, �,tl The purpose of this section is to create certain btlseag t9i•anrlapa YYNan yxwfnf esrpwhm - t IGO Ong aI ether sous dWdcb where emlsls§- a Ckarrgs In Usm�i0au d am Growth Mdiscretionanagement Incementivm at eRemptioua Iron M : 1 ° t p, W, MOW IBlad UNDOW ArgpmRgod♦M�. it' r"-'�;a.Growth Management within the forth Ara. The ' '' Vas under Me Hinkle i incentives and exemgrowth loin wo krthm this sec- rot� D no lse alklMnl'Gl' another Hon include growth that would normally be dPlm Included within Growth Management, but AINN " i saw �� '( Os,all ebng qua dwelling 1L - because of some overalel tiuiwhi oval mamwm•ua0%rb , mpsiNMamMble"iyw,w° 4mis aheR roe rod Aofks flie h0o- CestiiWte, DIa4tMahat I.FIND aims liter related to the type of alb'public assumption is mile /anamsa,p bldbansonN pDh Mpawaq iNauhDNel►aMNfIfNa4rp dt4sl-(i r ram N.ftJtlWa"lag, ,;.ytyis tie d flpmrBY qgi - gmwte t ero pal le Ibme v aD%mmnmalbrM"wM "GOOD 2 Aho pbye: m mgillall¢w!d& .04Pli�ibd lar/M(5)yers see thele"ianmd created.Incentives are created to promote the MiMhaDesaafturAk AW '• ijrA NU,,wm W1W : the AMUL RS 7d and R¢fdg miss dla- +ilDmggiiMp6psfopgggtDh,,.*n pddv ipft type,character,location and quality goals of the b m avwm atd4aL arum. County in the Rural Ares,. Some exemptions,are waadw tddrmsawrasaowm. sb/nmm�l ip •arnrirwsr'. , kids an erdesng suirwior dfUgL •-Arordh ManygWat agpl•M.al:-.b also allowed either to comma an historical nd ssVINswwMlisdmml MmpklpDmaa4mtabp, y'�dwkh- .'Tbwafar• oDGm-l�gtive. or exemption or to promote another goal of the - "be•ey ethesm A$DaWa good sea pe- etemplimmfag be aPDikahk• County. The purpose of these incentives and • Ghtr/hiY waalfi/IlOraibnrt hsVumlM'.IYiNlliuhhhhhwWi dW lMew.use V diDM in P4maF st hand .l,:.i exemptions Is to allow certain types a growth auPdm*%Nou%cdvn wag double wrdaxap Mt map mRfiiad In , NaWim far all eases the Cure R7aatpslnF lhdls u to Proceed without competing for and obtaining badmen mxd&. fuetafle d the employee Vorbrhra Aesa Finaada Growth Management allotments,however these ]0% ramrnew mbw srr•M cob dweWlg unit is lacbndad lWMla Hie dtDpr ed incentives and exam tivralwe Ynlai • ban, wed OWN offe mosuesl fleramA _ � pal s ' pfion are stall to be count. _ r„Nems tomnrtbaralespewsi aiDasss i A -Dduead MPI"M ewd9lMmdb mud be thirDyHwe sem.divnw,M:1pt m SYIdet4 to ed in the overall growth rate of the Rural Area of Wilbourne WpmhOdsa 1posfng In oanforMitt rvitb aMm of Olps'Ns Pitkin County. r U4maidm ur tm,ISarid Um Code,btobiibg,bidref-flelmdb, s,(Or top''ofnht"kg of ink►col pore*a ed l4110-020 C¢meM standards gad Criaris nor - wommw&p, A� wndm�6i-Me tat -{iasl�b,p11d1r4ke 64*'* do4 of land W9ch Ruud Ara incentives and E - 4. Tim spy"am shig,.bp slang wDawl"or �40ym"y*d#xnpAie PPtOnW ail I'llial fmm Growth A. Incentives and Fxempfions Discretionary. DRUM Me R.*ReHi,&I%W AlR,yI:AWt-10, MbarVNMW M elmmleleM moolag with the A. lit nnhnt rs TldrlrPlve Anae PaaNeb The incentives and exemptions from Growth d. Minimum Design and LAudi cal ly[with P-2Xitsmam1is-160 nadbs"lpnpidm the iced-(W appmgp.yy.ym Comity;AMyepoy), pagdmd 7o uRw brclustmmg,angnMrpk Management within the Rural Area.set forth in thef development protects shill comply with tdmwmg conditions and Ilmianoins. guarantee tbW ft4mpb pea mk: ,two 4YjilytH s time peml4 Ism w� this section are discretionarythe lollowkry miuimum assign and Iosutlorld a, Atbches uxrteke uiab NI•R ribrlueae A Sha be required b be feWd be rented 'foram .incentives end criteria: se s m hundred(700) not IMbm square fast, porn ParNds d an than alp(Qapawm,Upon parmy cosy'be drdd fender dllkMnt ownem exemptions,nth I--action actio 9-150 Only u the procedure set 1)The couatructlon gwllty d the rottit- escapt aW ramDliMtmlm Y lM Reg and Rt Vacancy d the umk,.a bnlmwdL granted ahMy ,;B. IQlgkfmgOitJSR4gn0pg4d.:Mio(Me umNa forth in Applicant of omp upon with the shorn ad units shall tie maximized; empire"I be9antngbfdwr(medmd(AB�pet (d0l;tbysmwhkbb 4p4gWant R ,g4pppped b be ewpmd from fulowh by the Applicant of compliance with the stun- 2)The aim deed resMded units ahe0 be max4 IlvaMe square leer. - tin tanw i placedbyy laq ,ad lie tbmwug Ajfal0111,WA ghe dnlLyad wasim 01ssIn Bards and criteria for the exemption.. mixed comMeing the econanka d the protect, b. The floor area of tlss ranA wptKrtSun dneW/matimma IS prerequisitpre- renceWit10 the grantof m Incentive or Incindmg tM1e Ukely prdlt on array fine mantel Indursng m tie tow.ago'M4ddbm�am•'kir the 0, Aadpnd hNpecpp"igby�rs pwaarmr mom• ;pesNWNW NmpRfty s("a prppoaed wy 4 y 'unib rM the restrktloua on the Prlcin d:tiss la o WNDP i t iamb'#•a exemption, the proposed development . ustNo 3) Ths, development mica; anti g.. c- TI�d"-be�pMVMW WW - Isom a $d [ t red **Owq#VW WNdMhaan algWaw behie t s comply with all exemption menb of the Code. re The revelopment.protect shall be located Paribas:apace for the eadmlar �) 1sRmtneet tecUan-nor nhag" Wng aaathva Out u` and tagdMe forbad'w incentive or ant proposed shall be gored where considering beniae or guest batty, "' Ore'cone d mTuantt M the pro- the development proposed.ddrsu the Code. derNa the criteria contained In the ptimn d. The appYew shelf by good or e, Miadmuiq mpUi ndm abpd Wt geoped the tryps 'Made ggpaSM �o gb gp adygyagd edq�AaW C. Consideration of Comprehensive plans. The Homing Plum otlssr permanent coomlpomt rntomg=Me I Authority Categary$HviL r,Wplra- tot is•Idtlmyrotk and whore there M pgikrd grant of an exemption shall con- 2.peachy Bonus for Dad Restricted Category 1- kind. •ommem thm t)aibgfilom WDaRWI an rum..nmPWyms i;9aR he gmdaNd by the fund imde Inmlvad,the presmsetlap d drone y incentive le or a required to be remigh half be atgd pe-oMo- Aapep}Pltr4t.COludy fionafpg Office as to Iangsle m--t.,,�r..n ncludingeadoptied pllane for he incorporated 4 Henning Locates Outside d the'AN F.aoe wine conveyed or.separaNd floor ib'el tent ind'4a mmdmtm(mpme or C. W Districts. eed Res RdFmmijib hikf from Gal b ItM areas ce Aspen,Basalt.Carbondale,Con Snowmann Deed ct Restricted Col tin I ship mganmem d the uMnnw hem to occu• aaaeDlWwam. Units 1Nw e*W, from Growth limited In dEumoe to D. Incentives and lot Exemptions;Contingent Upon Category laueingin ag'rme aMp d tits or Manor"M w M Ac lb,Ad rl 'Emdloy Ajumporly air maid,Weieny be jlys ate 001,1; ymtad.m doe to Availability of Allotments. locatives and dame s may be.exempted Iron Growth ixWary by ppl come time Dim(2)llarm Ad of Qnr C bylprp 40N,,S r"gUi mumn that fdit Management..As an additional ioeenidve;Una related chakma a%* i =N D mUowed for Igve Yam Aloe exemptions shall only be grunted where there (1) additional dwelling unit which is deed found the oI((miN1 'liepalmol M O eMMis•WVO bass m"4Ood bd. p: are allotmentsheret available In the romm iy contest such a may 00 nemahngb imermwwNN matam[podMW, ,�l:aeMgded provided that where the incentive or esem requested, Damaged Gregory 14 may be aWwed.mW iM1e community pntlm such aWdailia as anY the m4WaN 0ignrpmmamamWt Ne�kagmbe tiudta "�Lo/w be is required to be deducted from the overall alilob f Crowd Management on soy lot koenUma tOaoie De wDaFYDded yFSaM'anamr- rapailled occupancy a a molt and pi46�tuia(�yaam4ker.MNWmanaed ment or is subject special d the pr vat Th- Ity; be ienng for terms apt mm.pWas'jN.(ii) anuat amM Otherwise APONC"" amdre-_ ,,,Min cmilukaus of OPOWIllCy Aar the d%uHmg pool a i allotment may Issue ever if there ofte ) addl to d red approval .The months t rated.The CcO*W''llweamg Unit mom, udL are no remaining allotments available for that one P) eddkbn Celegory.14 dwelling unit mayLaeorppWby mmdhemWJhalmwdde 5, Ths sevfew dart pgikgli pmlerajppaw•mi.d E. !Merl RestrlcUdu a Puaal Use. The pip yeas maybe slowed even h the ul in tercel Daub .Wily even though 9M a an emplipx ..arty RanRMng.for euapt•p from Growth E. ct tlo F and Exempted Development etandat in size and the resulting developma[ employes a the 4:"eagll fy Wp& is, ddeNim,in,eddm"b amtdpaddd pll en- Mlm ant slag It deed tAm,from Growth Subject to Fair Share 'Requirements. an t e des or Parcel would not coMohn paft the Fa wb Sh&a a poi"a kudpEblangor Carla;comphtiaMY with the$PbdOOXW .I*W,nry MOWO ent d cry dead restricted ional st dAWA the Notwithstanding any hisIncentives or exemptions -underlying zone sDfzlc['s minimum percela{m marnpa;vAm i4 AM uawW(eaxioser rehe b4em and mullefRky d pulik stud„prkate rpppiwslby the County Ale ismir .. granted pursuant to this section,development for such dwelling an five)andtds or her chkdrew acome,"Wklwaad aetrtpo . �"W approved as exempt Iron Growth Management Sam S. Deed Restricted Resident Occupied("RO') e. The Caretaker Dwelling OUR resonalon may % Aliyn"s,apponed a1Mp iemry plwq Dsadmoww NpeepWO Fy competition shall be subject a Fair Share Housing Units be rm*NW by the prpmp( o5vw Upon reed with the C4mitl OhawlitLlmaramDeat Requirements pursuant to Article_except peed restricted Resident Occupied('RO"YLWU approval of the Community Davefogment ONain eOiNNNme wftb the pmvbbw .,... 1 _as specifically exempted therein. 'in any muss district may be emmpW Win Dmeew,, adjust to it*Out pamlNm.tDY.Me motion. 4lLR«p EaerepMon pal One LargwSgmd 9-110-030 Genets Description of Ruth Area Growth Management,bull are dphnemd from the dweWngIs mouredornodWad.gaidllwebe Ti Tbeprossis datie 4"$iWlel are forte MnflfAf�b' DwnRw UNg gm odd Grown Management total nmaberd annual aUd is AvWable. remaining lmproveneell am*,rum. AppegOad -54pYrylanasmf resUTt►coeds Growth dement Incentives and C. Caretaker Dwelling Urd caxb7 cepble'Ofo Pmncy MA thalMtg*.WaldEsempt fawP4•NmeaMd abrMWbmy ami{a)ana Caretaker Dwelling-Growth may be must mat dheMm 4pplldlbfa•6mbSgfdm- iswoo OWN tdapmrhron of frodN WWI A �tpmplas bpioNled The followingtable conwns.a list of the incen- exemptetl from Growth enmut ; ndad criteria f eats. . . nil be used for mltyOtap Maapioyse hquuam8 folmflam tlweMngWbiwsuhdd- tives and exemptions available from Growth specWtevaw and the ataMerM and mitesiad 2. p Cam Ueesra , emab as eWlbbakad ayey&em le this i,tCmo ppgpfoapi.np.,ib4 Hoped of„fwpty this aectbn The Commmdry-Management within the Renal Area,the apvlica- 1. Attached Caretaker Dwelling Unlb. mi Caretalcor ppme v ma nil co and red before r J ssmtls 978 in bee Code section and whether the incaHdzed The Came Uveb6n/Un tw uW to lama AmF It :b5o0(2 unit,4nbr 4aR�wfilthi 4*be a crested and configured bdore hone 12,1978 m tmltypeveipment Diracior may per. deed CR10)WtwaMe'poDad'1eD4imAaJ,r�17arIM ematabm,dnN�ig,.iuplL may D.a"owmi,ma an exempted nts:development is deducted from mit one Caretaker Dwelling.Unit attached:to a In tee R30,APRd,AFR-10.RU4404 pii*gkA Mohr Mf elm*'W L,WA of lyrtlis"a its ' annual allotments: single family home (hereinafter "principal 160 Wlmpllad For OPe 9Y�p/pgYY U>rNflmg saga sosN4 aid m9•Mhe:.4Ri•d'Ntddla"be, 20, WW W160 sins d oicb;.OMy ore Unit on Any parcel Which Was Legally Created dwagmg')an my lot ortiercel of land widU armanawawro.e.. _. ... u,t a...._. w..wn�..: . ___ _ _ .___ SaturdaySunday,May 13-14,2000 a The Aspen Times 11-C I 1 Share Requirements purpose they are imposed, separate trust it is included here for reference purposes,but regulation of the use olland are provided by law, were held by the Board of County I0-190-23 Procedure for Certificate of accounts for each fee collected shall be estab- will be deleted upon adoption of the final regu- such requirements shall control. Commissioners on January 10, January 12, Collection of Fair Share Requirements fished. lotion.] January 18,January 24,January 31,February 1, 10.19030 PROCEDURE FOR ISSUING CRIED. a. Fees Deposited In Account. All fees collect- Employee means a person who is employed on 11. APPLICABILITY February 9 and February 23,2000. ITS ed by the Fee Administrator shall be immediate- the basis of a minimum of 1,000 hours worked The Growth Management amendments shall be 10-190-40 PROCEDURE FOR INDEPENDENT ly deposited into the applicable Dust account. per calendar year in Pitkin County,which aver- applicable to the entirety of unincorporated C. The Board of County Commissioners and FEE CALCULATION b. Interest Bearing. All proceeds in the afford- ages 35 hours a week, 10 months a year;or 32 Pitkin County, excluding the Aspen Urban Planning&Zoning Commission conducted pub- 10.190-50 ADMINISTRATION OF COILF.C= able housing lee trust account not Immediately hours aweak,11 months ayear,physically work- Growth Boundary axes which area Is defined by lic meetings and public hearings regarding the FAIR SHARE REQUIREMENT'S necessary for expenditure shall be Invested in Ing in Pitkin County. Attachment "B" of this Ordinance ("Aspen proposed Growth Management provisions and 10-191W APPEAL an Interest-bearing account.All income derived Employee Generating Development means any Urban Growth Boundary area"or"UGB'), the adoption of the Aspen Urban Growth 10.190-70 ANNUAL REVIEW from these investments shall he retained in the development which generates short- or long- Boundary on May 1,May 11,May 16,May 25 and teat account until spent or refunded. term employees In Pitkin County. 111. PURPOSE May 30,2000. 10.190-10 Imposition of Fair Share c. Limitations on Expenditures. The funds m Person means an individual,corporation, gov- A. Purpose of Adoption of Growth Management Requirement the trust account shall only be expended for the ernmental agency or body, business trust, Amendments. The purpose of these Growth VI. OTHER FINDINGS purposes for which the lee was collected. estate, trust, partnership, association, two or Management amendments is to manage the rate, Fair Share Requirements shall be imposed In 2. Refund of Fees. more persons having a joint or common inter- type,location,quality and ultimate quantity of A.The Board of County Commissioners finds connection with all development permits,and a. Seven Year Limit. Fees collected pursuant to est,or any other entity. growth within the Rural Area of unincorporated that the amendments to Growth Management as shall be collected prior to the Issuance of any this provision shall he returned to the then pre, Project-Related Improvements mean those Plain County to ensure: contained in Attachment"A"will substantially building permit for development In Pitkin sent owner of the property for which a fee was road capital Improvements and rightrof-way 1. A rate of growth that results In a controlled, advance the legilimat'%overnmenlal interest of: County. Any application required pursuant to paid,Including any interest earned,if the fees dedications that provide direct access to the paced growth rate. providing for phasm ievelopment of services section 10-190 shall be submitted on a form have not been spent within seven years from the development. Direct access Improvements are 2. A type of growth in the Rural Area is that con- and facilities; regulating the use of land on the available at the Community Development date the fees were paid, unless the Board of typically located within or adjacent to a Bevel- sistent with the existing rural character of the basis of the impact thereof on the community or Department along with payment of a fee to County Commissioners shall have earmarked opment site and Include but are not limited to area and provides a division between the urban surrounding areas;and otherwise planning for defray the cost of processing the application. the funds for expenditure on a specific project, the following: (a)driveways and streets leading areas of Aspen, Basalt, Carbondale and and regulating the use of land so as to provide The completeness of any application submitted In which case the Board of County to and from the development;(b)right and left Snowmass. planned and orderly use of land and protection pursuant to section I0-190 shall be determined Commissioners may extend the time period by turn lanes leading to those driveways and 3. An appropriate location of growth that is of the environment in a manner consistent with by the Community Development Department three more years. streets; (c) traffic control measures for those containable in terms of its locus and will not constitutional rights. within fifteen(15) days of Its receipt. If it is b. Written Request. To obtain the refund,the driveways;and(d)Internal streets. spawn sprawl. - determined that the application is not complete, present owner must submit a written request to Residential development or ase means devel- 4. A quality and quantity of growth that pre, B. The Board of County Commissioners finds the Community Development Department shall the Fee Administrator within one year following opment used or intended for use exclusively for serves and is compatible with the existingmost that the adoption of the Aspen Urban Growth send a written statement to the applicant outlin- the end of the seventh year from the date pay- dwelling purposes, but not Including hotel or character; stabilizes the existing population Boundary area as contained in Attachment"B" Ing the deficiencies. No action shall be taken on ment was received. lodge rooms. Residential development or use Including the number of permanent residents, will he consistent with the 2000 Aspen Area any application until all deficiencies have been 3. Payments Determined. For the purpose of includes single-family dwellings,studios,duplex visitors and total number of PRIdn County jobs; Community Plan Update,and will otherwise sub- corrected or otherwise settled. An appeal Is this section, payments collected shall be dwelling units,and multifamily dwelling units.A and prevents incremental urbanization of the stantlally advance legitimate governmental available to any aggrieved person pursuant to deemed spent on the basis that the first pay- unit of residential development consists of a Rural Area. Interests in Inter-governmental land use plan- section 1019060. ment In shall be the first payment out. dwelling unit (Note: This definition Is repro- 5. The Incentivization of certain types of ning and coordination. 4. Refunds for Expired Permits. Any payment duced from the County Code;it Is included here growth that represent the type of development 10-IM20 Procedure for Exemptian, for a project for which a building permit has for reference purposes,but will be deleted upon desired In the Rural Area. NOW THEREFORE,be it ordained by the Board Calculation and Collection of Fair Share expired, due to non-commencement of con- adoption of the final regulation.] & The provision of limited affordable housing of County Commissioners of Pitkin County, Requirements strudlon, may be refunded If a request for Road Capital Improvement means transports. in appropriate locations. Colorado, that It hereby amends the Pitkin refund Is submitted to the Fee Administrator tion planning of,preliminary engineering,engi- 7. The preservation of historic stmctmes. County Land Use Code as contained in Prior to the issuance of any building permit for within 3 months of the date of the expiration of nWIng design studies,land surveys,alignment 8. An orderly manner of growth that does not Attachment A(Article IX,Growth Management) any development in Firkin County,an applicant the building permit. All requests shall be studies, rightol-way acquisition, engineering, exceed the available capacity of existing public and adopts the Aspen Urban Growth Boundary shall apply for and receive approval of either: 1) accompanied by proof that the applicant is the permitting, and construction of all necessary facilities. as contained In Attachment B(Map of Aspen a Certificate of Exemption from the Fair Share current owner of the property. features for any road construction project on a 9. The orderly provision of public services. UGH). Requirements; or 2) a Calculation of Fee B. Non-Fee Mitigation. For development that road on the County's road system,undertaken 10. The preservation of existing agricultural Determination and a Certificate of Collection of satisfies Fair Share Requirements through meth- to accommodate traffic resulting from new traf- leads. NOTICE OF PUBLIC HEARING PUBLISHED IN Fair Share Requirements. ads other than the payment of fees, the fic-generating development. 11. The preservation of a unique Ural chase- THE ASPEN TIMES on May 13,2000. Community Development Department shall Toudid mcommodatim means hotel, motel, ter and quality of life. 10-190.21 Procedure for Certificate of track the mitigation and provide an annual lodge or my building primarily used or Intended 12. The preservation of Important rural and INTRODUCED AND FIRST READ AT A PUBLIC Exemption from Fair Shone Requirements report which contains: a)the date the mitiga. to be used for the purpose of providing backcomtry lands. MEETING and regular meeting on the tlih day of tion requirement was imposed;b)the date the ovemight lodging facilities on a shorttem basis 13. The preservation of air and water quality. May,2000. As a prerequisite to building permit Issuance, mitigation was performed;c)the type of mitiga- to the general public for compensation,with or 14. The prenervatlon of the environment, my building permit applicant who claims an tion with as much specificity as possible;and d) without meals,and which has common facilities wildlife habitat and wildlife. APPROVED AND ADOPTED AFTER SECOND exemption from Fair Share Requirements put. the date the development requiring mitigation for reservation and clewing services,combined 15. The conservation of natural resources. READING AND PUBLIC HEARING on the 25th day suant to section 10�110 shall apply for a was issued a building permit and a description utilities and onwile management. (Note:This B. Purpose of Adoption of Aspen Urban Growth of May,2000. Certificate of Exemption from the Fee of the permitted development. definition is reproduced from the County Code; Boundary. The purpose of the adoption of the Administrator. The Fee Administrator shall It is Included here for reference purposes,but Aspen Urban Growth Boundary is to Implement EFFECTIVE 30 days after adoption. determine whether the applicant qualifies for an 10.190-60 Appeal will be deleted upon adoption of the final rego- the 200fi Update to the Aspen Area Community exemption based on the standards of section ID Infirm.] Plan and to delineate the area which will be PUBLISHED AFTER THE ADOPTION IN THE 110. A General. Any adversely affected person may T Development means deve4 excluded from the Growth Management amend. ASPEN TIMES on the _ day of appeal any decision render pursuant to Article opment des or Intended to permit a use of ments as contained in Exhibit"A." ,2t1(10. 10-190-22 Procedure for Calculation of Fair 10 by filing with the Director of the Planning the land whit will contain more dwelling units Share Requirement Division of the Community Planning and or floor space a manner that Increases the W. ADOPTION OF TEMPORARY MORATORI- Coples of the entire Ordinance are available for Development Department within IS working generation of veh sNic. UM public Inspection at the Clerk and Recorder's As a prerequisite to building permit Issuance,all days of the date of the written decision,a notice Published in the nd edition of The Aspen Office,Jeanette Jones,at 530 East Main Street, development not exempted from Fair Share stating and specifying briefly the grounds for the Times on May 13,2000.(6511&65117) A. On January 10,2000,by Ordinance 2000402, Aspen,Colorado 81611,during regular business Requirements pursuant to section lDi 10 and 10. appeal. The Board of County Commissioners Pilkln County adopted a temporary moratorium hour's. 190-21 shall apply for the calculation of Fair shall place the appeal on their agenda for the PUBLIC NOTICE Development Department which contained the Share Requirements as set forth in this section. next regularly scheduled meeting,provided that NOTICE OF PUBLIC HEARING following findings: ATTACHMENF A The procedure for calculating Fair Share no hearing shall be scheduled which would pre- Requirements shall he based on the type of Fair elude notice as required by section 10.19hWUH. PLEASE TAKE NOTICE: The unincorporated area of Pitkin County has GROWTH MANAGEMENT Share Requirement Imposed. B. - Notice. The applicant shall provide the experienced significant growth In the last applicant and all adjacent landowners at least 15 That the Board of County Commissioners of decade. That growth continues at a scale and Pltldn Comfy land Use Code, A Payment of Fee. calendar days notice of the appeal before the Milan County, Colorado will conduct a public rate which is not in keeping with the goals of the Article 0f Where the applicant desires to pay a fee to sat- Board by mail. hearing on the following Ordinance at 5:30 p.m, community of preserving open areas,requiring (to be Renumbered as the Code Update isfy the Fair Share Requirements, at building C. Hearing. At the hearing on the appeal which on the 25th day of May, 2000, In the Pitkin development to"pay its own way"by mitigating Continues] permit application the applicant shall apply to shalt be a public meeting,the Board of County County Board Meeting Room, 530 East Main its Impacts, and slowing the overall pace of the Fee Administrator for a determination of the Commissioners shall provide the appellant an Street, Aspen, Colorado 81611, at which time development in the County. Subsections: amount of the fee based on the standards of opportunity to Identify the grounds for the and place all members of the public may appear ... Article 10.The Fee Administrator shall Issue a appeal and the basis for the alleged error in the and he heard: Growth in unincorporated Pitkin County is large- 9.100 Rural Area Growth Management Calculation of Fee Determination which contains decision. After the presentations from all ly uncontrolled in terms of rate/amount and Purpose and Applicability the total lee obligation,or as provided in section adversely affected persons,the Board may hear NOTICE THIS ORDINANCE CONTAINS THE type/quality,of growth.While Pitkin County has 9.110 Rural Area Growth Management 10-19040, the Fee Administrator may seek an from my other person(s)it deems appropriate, MOST RESTRICTIVE VERSION OF LEGISLA . utilized a Growth Management Quota System. Incentives and Exemptions Independent fee calculation. The Fee and then based on the testimony heard at the TION UNDER CONSIDERATION BY THE PITKIN GMQS has failed to account for and thus ratio- 9.120 Rural Area Residential Growth Administrator may issue Advisory Calculations hearing and the record affirm,modify or reverse COUNTY BOARD OF COUNTY COMMISSION late the rate and amount of significant growth MahagemmL• Allotments and Competition of Fee Determination,prior to building permit the decision based on the standards of section E.RS AND PLANNING AND ZONING COMMIM occurrences,including:(1)development on lots 9.130 RESERVED FOR RURAL AREA application, but such issuance shall be non- 10-19060(D). SION created prior to 1978; (2) construction of COMMERCIAL GROWTH MANAGEMENT: binding and advisory In nature. D. Standards. To reverse a decision made pur. replacement structures;and (3) remodeling of ALLOTMENTS AND COMPEDITION B. Other Non-Fee Mitigation. An applicant who suant to Article 10, the Board of County ORDINANCE existing structures. 9.140 RESERVED FOR RURAL AREA desires to satisfy the Fair Share Requiremmis in Commissioners shall find that that there Is a OF THE BOARD OF COUNTY COMMISSIONERS TOURIST ACCOMMODATION GROWTH MAN. a manner other than payment of a fee shall clear and demonstrable error in the application OF PITKIN COUNTY,COLORADO The Intensity of growth currently permitted AGEMENT: ALLOTMENTS AND COMPETITION apply for approval of non-fee mitigation prior to of the facts in the record to the standards of AMENDMENTS TO THE PITKIN COUNTY LAND under existing land use code regulations is 9.150 Rural Area Growth Management building permit application. For development Article 10. USE CODE ADOPTING A NEW GROWTH MAN- resulting in significant environmental degrade- Spechd Procedures and Submission requiring building permit application only,apply E. Form of Decision. The Board of County AGEMENT SECTION,ARTICLE UL AND ADOPT- tion. The county has experienced loss of Requirements cation shall be made to the Hearing Officer who Commissioners decision on the appeal shall be ING THE ASPEN URBAN GROWTH BOUNDARY wildlife habitat and agricultural resources, 9.200 RESERVED FOR UGB GROWTH shall conduct a public hearing and Issue a reso- In the form of a resolution, and shall Include depletion of water resources,unacceptable air MANAGEMENT lotion of approval or denial based on the stsn- findings of fact and the application of those facts ORDINANCE#2000_ quality and excessive consumption of natural 8.1 Definitions, for Ronal dards of Article 10. For development requiring to the relevant standards. resources. A goal of Pitkin County is to preserve Area Growth Maoagemenl&100 RURAL land use approvals prior to building permit This Ordinance adopts a new Growth our natural environment and the health, well AREA GROWTH MANAGEMENT: PURPOSE issuance,application shall be made to the entity 10.190-70 Annual Review Management Article for development outside of being and quality of life of its citizens. AND APPLICABILITY reviewing the requested land use approval(e.g., the Aspen Urban Growth Boundary in winter- B. The January 10,2000 Moratorium further the Hearing Officer, the Planning & Zoning Article 10 shall be reviewed annually by the posted Pitkin County(Attachment-A*). The stated that the purpose of the Moratorium was Sahsectioos: Commission and/or the Board of County Community Development Department and a rec- Ordinance also adopts the Aspen Urban Growth to contend with the following identified Issues: Commissioners,whichever is applicable). The commendation forwarded to the Board of Comfy Boundary(Attachment"B'). 9-100310 PURPOSE resolution of approval or denial for the land use Commissioners addressing: 1) my necessary Significant uncontrolled and unmitigated growth 9.100-020 APPLICABILITY approval shall Indicate the approval or denial of updates to data or methodology for the Fair RECITAI5 places the area at risk for inappropriate,pub- my non-fee mitigation based on the standards Share Requirements; 2)a report on the Fair licly subsidized,uncoordinated and unplanned 9.10"10 Purpose of Article 10. Share Requirements Imposed and collected; The Board of County Commissioners of Pitkin development. and 3)my other issued raised by the staff,elect- County,Colorado makes the following findings: The purpose of Rural Area Growth Management 10-190-23 Procedure for Certificate of ed and appointed officials or the public Significant planning efforts are under way that is to manage the rate,type,location,quality and Collection of Fair Share Requirements 1.AUTHORHY will define the appropriate woman, rate, type ultimate quantity of growth within the Rural &1 DeBuitioos and quality of growth in the area. Such planning Area of unincorporated Pitkin County to ensure: As a prerequisite to building permit Issuance,all A Pitkin County has the authority to regulate efforts will necessitate implementation through A. A rate of growth that results In a controlled, development not exempted from Fair Share Adversely aftedad Famous means an applicant the use and development of land pursuant to amendments to the land Use Code. paced growth rate. Requirements pursumtlo section 10-110and 10. for Traffic-Generating and/or Employment- Colorado Revised Statutes: B. A type of growth in the Rural Area Is that 190-21 shall apply for a Certificate of Collection Generating Development, a property owner A temporary moratorium is necessary to avoid consistent with the existing mral character of of Fair Sbace Requirements as act forth in this whose land Is adjacent to land subject to Fair 'Chapter 28 of Title 30(County Planning,Zoning, uncoordinated and potentially inconsistent the area and proNdea a division between the section. Application shall be made to the Fee Share Requirements,and my dh ision'of Pitkin Subdivision); development while the planning efforts and reg- urban areas of Aspen, Basalt,Carbondale and Administrator who shall Issue a Certificate of County government. Chapter 65.1 of Title 24(Areas and Activities of ulatory changes are being completed. Snowmaas. Collection of Fair Share Requirements upon Affordable housing unit mews either a rental State Interest); C. Finally, the January 10, 20f10 Moratorium C. An appropriate location of growth that is determination that the applicant has performed or ownership dwelling unit that Is restricted to Chapter 67 of Title 24 (Planned Unit stated that"the purpose of the temporary more- containable In terms of Its locus and wIli not pursuant to the applicable Fair Share the housing size,type and occupancy require- Development Act); torium is to allow Pitkin Comfy time to cam- spawn sprawl. Requirements. menu established in the Aspen/Pltkln County Chapter 20 of Title 29(Local Government Land plea Its ongoing planning efforts and enact rat D. A quality and quantity of growth that For, Housing Guidelines that are affordable to low Use Control Enabling Ad);and ulations to ensure that future development In serves and is compatible with the existing rural 10-190-30 Procedure for turning Credits (Category 1),moderate(Categories 2 and 3)and Chapter 11 of Title 30 (County Powers and the unincorporated area of Pitkin County Is character; stabilizes the existing population middle(Category 4)Income employees working Functions). undertaken in an appropriate,coordinated and Including the number of permanent residents, Upon building permit application,an application In Pitkin County and their families, or retired planned manner." visitors and total number of Pitkin County jobs; may be made to the Fee Administrator for cre l- persons who were employed in Pitkin County for B. Pitldn Comfy has additional authority to D. Studies prepared by the Pitkin County and prevents incremental urbanization of the Its against my Fair Share Requirements other- a minimum of four years prior to retirement and enact Growth Management regulations pursuant Community Development Department were pre, Rural Area. wise due. The Fee Administrator shall deter- their families. The specific Income and cate, to the Colorado Revised Statutes: seined to the Pitkin County staff and officials. E The Incentivization of certain types of mine whether any credits are,due pursuant to gories for low, moderate and middle Income One of the studies presented showed that under growth that represent the type of development the standards of Article 10. If credits are deter- workers and their families is Identified in the 1. Section 29-20-104 of the Colorado statutes the existing system 88%of all development In desied in the Rural Area. mined applicable, the Fee Administrator shall Aspen/Pitkin County Housing Guidelines,which which provides: the Non-Metro area of Pitkin County occurred F. The provision of limited affordable housing in Issue a Certificate of Credit. are Incorporated herein by reference. outside of Growth Management, with only appropriate locations. Building permit means that development per- Powers of local amer„menb_(1) Without limit- approximately 12% of development occurring G. The preservation of historic stmctum. 10,119041) Procedure far Independent Fee out issued by the ChM Building Official before Ing or superseding my power or authority under the system. H. An orderly manner of growth that does not Calculation my building m construction activity can be Ind, presently exercised or previously granted,each exceed the available capacity of existing public listed on a parcel of land. local government within Its respective jurisdic. V. CITIZEN WORKGROUPS PUBLIC MEETINGS facilities. ' At my time prior to building permit application, flange In age means a change of use of a build tion has the authority to plan for and regulate AND HEARINGS I. The orderly provision of public services. an applicant desiring to satisfy Fair Share Ing,structure or property to mother use. the use of land by.... A Afton the adoption of the January 10,2000 J. The preservation of esdsting agricultural Requirements through the payment of a fee may Commercial development means and includes, Moratorium, the Board of County lands. seek an Independent lee calculation by the Fee but is not limited to,the expansion of existing or (Q Providing for phased development of car- Commissioners convened two workgroups to K. The preservation of a unique mral character Administrator. The Fee Administrator may also the construction of new office,retail,wholesale, vices,and facilities; review potential changes to the Crawly's and quality of life. initiate an Independent fee calculation as pro warehouse, manufacturing, commercial recm, UU Regulating the use of land an the basis of the Growth Management regulations,the Technical L. The preservation of important rural and ` Aded in sections 10-120-70 and 10-13040. The anon, rest rmant/Mr and service commercial Impact thereof on the community or surround- Workgroup and the Growth Management Reform badmountry lands. Fee Administrator shall determine whether the operations.[Note:This definition is reproduced Ing areas:and Task Force. The Technical Workgroup met on M. The preservation of air and water quality. standard Lae should be modified based on the from the County Code:It is Included here for W. (h)Otherwise planning for and regulating the March 29.April 13,April 25 and May 2,2000,and N.The preservation of the environment,wildlife standards of sections 10,120 and HFI30. mence purposes,but will be deleted upon adop- use of land so as to provide planned and order- continues to meet. The Growth Management habitat and wildlife. tion of the final regulation.] ly use of land and protection of the erwhommeat Reform Task Force met on Mamh 2, March 9, O. The conservation of natural resources. 10-I90,50 Administration W Collected Fair Development permit Includes any building per- in a manner consistent with constitutional March 23,April 6,April 13,April 20 and April 27, Share Requirements mit,special review approval, rights. 2000. Both of these citizen workgroups &1000211 AppReabHhy subdivision approval,approval of growth men- reviewed proposed Growth Management Iegisla- The administration of collected Fair Share ailment allotment,approval of a certificate of 2. Section 30-28-106 of the Colorado Statutes tim similar to the amendments contained In A. General. All growth within the Rural Ares of Requirements shall be conducted as follows: zoning compliance,a GMQS exemption or my which provides Attachment"A"hereto. Pitkin County Is governed by Growth other official action by my official,council,cons- rn - wl h other rea,Ireme ts. Except as Management and shall require either a Growth A Payments of Fees. mission, or board of the County having the provided In section 2920105 (2)[Inlegoveo- B. General meetings regarding the objectives of Management allMmmt or quality for and receive 1. Tn.t Arem,nta R.aInvl_ For the nn.w of effect M nermittina development [Note:This mental aareemmtsl.where other waterline]or the January 10.2000 Moratorium.including ells- an Incmtive or exemmio t. For ourpows,of this 4 ..._ . �ali;mlaYY&mdqY.,mfiy m m,2000 a The Aspen Times 13-C unit on a pared,legally created before Am 12, 2. Changes.Is Use.Prohibited. A replacement AHotmmla ►3& M .gods="ASem t Arxwmthg Sans of I- Score of 1-Indicates all of the tol- 1978which codprmem theadelmmn btame,of unit"be-pleased for tee sae type of - lowing: a)an acceptable level and type of see- -• the uneulyhW zone district may be exempted (s g.,,wdedtd,commercial or tourist actors- Residential development Is wbl&t to crowd All lldevelopme t subject to Growth Management vies meeting the needs Of the development and teas Growth Management. The eampbun from` madatlon). agobnmts of permitted..devdapmaa. Those sholl be annually harked and counted as to[- .standards of the Code: b)the provision of m .Growth Management on net nfomdng pre- 3. Only Can Replacement Unit Allowed. Only aBatments are basedm the purpose eetJords In lows: . vices will not:fundamentally changetheelwac- 1978 parcels may also be allowed and On size of one npiacemert ma dpknper parcel as it was section.9.100-010 and an released'be ananre A. Am~AUmments Deducted From Annual ter of the area In which the proposed develop the structure shall be determined through 1041 conflgumm orJuee 12,1978a perealtud. if the that thorate a geawth m theANW Areaoccors Reddeathal Motment Ceilings. All awarded mint Is located:and c)the provision of the ser- environmenw heated review considering all paned Is fe:reWgared and results In creation In a controlled;bwwAab p seamier OW.dam, development allotments sizes be deducted from vies will not result in a detriment to the e V1- development constraints of the property::.This of am than ons,parsd,the Mghml•Imlming our damer e:the fundamental dexamoor of the tha.annual residential rating. romental condition of the property or adlseent exemption Is subject to the folbwkep pared"which was;lepsy configured as of June dud Ares. B. kecentive6/Exemptions From Growth propertied. - 1. Dwelling Units Limited In gone. On odwm 12.19796 oftalt'relatmane Growth Management Menagezamt Deducted Prom Annual Residential Sense oft- Indices a level and type of service Ing parcels, the ekegNtfahaly-dwelling.mat morm on su6jscmthe hmUatbs a. sec &this 1801411 Geema'ftWdok&a CjLmYfor Allotment Ce". AN Incentives and excp of meeting the needs the development based on exempred from Growth Management dad be tat TM emmptbh shall be gnitmd to the pa- Almlgamaa -. times from Growth Management shall be deduct- the requirements of the Cade and helping to sat- limited to a 3,000 square loot mmiplmn.On cel:which sets thoaxemptlo0 first In time or 'ed from the annual residential allotment calling, isty an existing need of the surrounding Area, nottconkerni g parcels:the else of the allowed nay he designated uponsutdblsiun w division The follow"minimum standards pas steeds except the emnptions for essential community Also Indicates the the provision or services will single4aily dwelling mat abag be determined of the original todeme"pa¢d.Pamrdgtnatlorh shall apply tothe&word of any dWMMtaIn the, facilities(MOM 9.110053)and the exemption net fundamentally change the character of the through 1041 environmental baard review coo. a We pacd ors A is lone adjustmea shall residential fixed Asae .. for creation a open space paresis and creation area in.which the mytlopment b located or slowing all development ataraints.of she rmt�st &v,&R,WA real raplwe t wit A Compliance With Code Rcqurmnetti. As& a paroep for conveyance m pubk entities for detrimentally affects rooentd'condo property, but In on case shall the six a the aamptlms. prerequisite to the aaaaed a all smdanlW pusle' purposes (section 9.110,054). tim a the properly aces properties.. structure exceed We exemption for conforming 4, Addition Disemwd,for Fie Years..After development alidmm[j the proposed desmp Development permitted through Incentives or A. Water Service(0-2 pants): sized paten. E a nonce igmmg pared Is.not CwUbcabaOecnmpW.. Adatlom todweMg meet amen comply with all aequ*NwM.of the erempuos from Growth Management that 1. Capacity,quality and liability of the water constrained by any 1041 laurels;than the pr- ..mdb wasted thWawm�sn hid exemption shall be Code.No allammts Wsbo VeOW What the moeeed the rural number of annual allotments, system proposed toserve a development; cel sisal be mtltled to tieing 3,000 square Mot prmmltsd for fivewyears after the asuancaof deveioptsed Proposed:.vaWs.tlm'Code..'An deal=be deducted from the allotments available 2. The demonstration of adjudicated water exemption. am :ties corilficde a occupancy for the dwelling allotment he a preregalWe to eme"oa imt In for hems development. A minimum number of right-m serve the development and 2. ngk-F ly D""Lae Exempted. wit except for MMIOW.-utdidng.Tall,to the land us review.poceser 940 allocation is .allotmmb available through competition shay 3...The capabWtylo'attain any necessary water An improved pre-t978 pared may be allowed obtain an semspsm cam Growth Management demed,soy,IlaedmglaMssgmpbdkm sW be retained each year as set forth In section 9. through an a i mmerte0on plan. one shegle4 ally dwelling men exempt from porsuem tmsnegm_and Article be denied ere well. 12HU ass Mrs kecantiveo/exemplons"I be B. Sewer(0 poInte):The type ad capanWoy Growth.:Management, notwithstanding-.the S. L"RegWratl..Rep4aeara mM.ehaMJx B. CmsdwdlmacompMsdsu.8lana,The deducted for as many years Into the futmem ofshe,ewagedispsdsystem proposedmmaeet . -. improvement of the parcel with any other strap required,to,obmh W41 anVammanal bawd award.f any development atletermbtAd smo esded to preserve that-Inimm number of the needs of a development and to dispute of ores other then/toe marks tlwMbg tdts..:If review and approval:Yaq,portion of the build, -rider WeappheaW exasprelesessive pets,: competition allot®ma. wastes without impact on water quality and In a there is an existing feet market dryk4amlly unit Ing footprint.ls adoeaad - C. ArmualAU&mdt sloe been -r- Deduction of MulotYear Allotments. reliable manner. on the pared,the unit nay bereplasdamseact: - annual cefhq br=tin so Mr of Growth DwPAopment,allowed mull-year allotments C. Storm Dr~(0-2-pmmb): to complianm with section 9.1100fi8(B). 9611041U -gwpYes, for FisemW Management asohoenapraitdpyaer u pro ,shall be deducted from the residential allotment I. Thedegree fo whleb an applicant ppropses 3. Adttioats Disallowed Muslim Yats Asa Ommmf¢taMWea vMed Insedym,9.lmaJ. eaWgs..available for hum development, A to,mbmstntasrorlcanroifpatt m mWoomtafn � �Cunits atBcreag 7 developmentof semiarid community 4dk s ABotmea,that am t:aNet4sb a4 appall, through mpoltlon shall be retained each avathe ilable was resulting bum development teed through tldstl0 ieseptlap shall be prohibited Ts five(5)yame after flesIn ,of .Its may, he exempted from.. Growth mot-momme Daambs 31otseadeademar asad'forth as section-&1200n and the muitt 2. If a development requires use of the County's the cert6¢ate of occupancy for.the.dnelWg Mumpamt:sublet[to..compliance with th4' yea,amdan 0drasaMdforrdd4lmtubnefuc- year a0amemm shag be ddgcted for as many drainage systese.considering the commitment unit. except for addmom-all" tails tosedlon. es We yws. yeas 4aothebmm u needed to preserve that of an appraat to mstali.necessary drainage -obtslaan:exemption.hm Omwtm#Imymerd•. : E. - Annual Report Calculating Numbs of ,mbtlaom msubm of competWadalkammb. control fagltles and to maintain We system on t Governmental Ladd;tmqudWed. Tad4. A Gm r*..To be eligible form exemption born Motmeds Available for Competition. By along to bad. owned wcmdrolled by any gowwrAmo al Growth hbnaRmem anapptlmm.must demon- January 1 of dam;.reu.tie Consistently. &l2007s Roommates Growtb 24aspemant D. Fire Protection(02 points): entry or division on or before Jtme t4,1979ao -. strata the d&vdopwmt . - Development Deforested Comr0ib a - 1. CapaMlhyef theappxoprde Fire Pmtectlm net qudfy her this esmlrtm.. L PtwAds a'bade whodemanw pudic set• calculating the comma of 4ftBbstsavOWe District to provide fire protection according to S. 'Fathering Pored'RoomEmphmEvan If rdcewpmblkamaaR • : for COMPS&Aon that Ps" .22W.arepta:.lam AN realaentled development which does net established response standards without estab. Recomlymed After June I; WA M wand 2 Will be.ivd4t4m gbgameM public or hold Include a tit of the Ina dad quality err an incentive through or exemption loving a new station,adding equipment or pa- - '4theemg pan %W pared'which was kg crosdpeeel krlbegoft'obmYst apumotrmaa4 aR&d&dlalnajh.& =*b tlm ham.Gwwtb AtmagemeM shay he required to entrap or making caphal Improvements: as a sys June 12, 1978, Matime son Growth 3. SlMmm*tM imWgommunhy,and .Msreft consists for development allooneM based on 2. Theaftuxyawaterpmamadeepael - ManagemmiemplonsnkixtWADWAa 4 Prosidwfudtnfe rsporstte pmvth and P Aammd Report 4Wwth :tfa etrdade aid,• etag steals ad forth in tykr providing 8ro0g"flowa times of this section WWWwtmdbgmp mast bnoLk larD%*IWAMW.. Rda.Bybmaas tat$" ire CllmtllWy thlaaectiom. Scofbg dog be performed by the 3. The co kneed of an applicant to provide sgurmbn of the pared afar James 12,ISM The B. >,' sdvkoDwmmtL An apptlerd Devdopmmgl}ap&eldeah �m�eath BeraaB Crmm4sgm with an.appeal the prorectmhnlaeWss necessitated by adesF eaemptlm dal ha prmied mta.pmd w4mh : anM a l6t anitlWimrn a ammoas tm.Dad yasre ram aprditt•mgim rate to.Bar Bared.a.Cam6y F,CWAdOW a ere ell[ "Mart,:rmhaing,•but rot.limited-ter the seeks the aaempdon firetm'ime,ordeelpmled.. for: - .Mil be baud on ton baaatlm . a,nits hd4ls4the prmcadmee of section 9.150. hydrants:water storagetanm,pods and d art- In the subdivision w division of the.mfgkeal 1.r,AddgmWalbNWM.iWWkaL sal forth In the 1976 button Inds: i°tMmng land• L Tasprtatbnaas4sadlmrMnF and Plan and shall cmmt ism toad All &i* H: GmwgftdmdsadGbmtaiw a. The capability of the lgm Wtdd tgpodde B. Pas Oat 3, auk m vlcspRs fislo termppll'.swage allowed/Awyr mslMlMal. }ad Campstgwa"BevM adequate service based upon We dedOe of a Single-Family Dwdimg Ume On A Lot in a -�Abe tad po4 tprotectmd a aid prmmayhoptme. gala A. ai 'MffshdaTb4l Serene. development and sgaMtlty a the proposed Subdivision Approved B�Tha Boar.d Pas To that.�gmatm141tRh :Po br st diolmmt awrd a :a proposed water sydan. .t*14� �` 'C.. a6iubo®erss hopects.Aar culri0e;awalnes.k.FoW1¢m,/ryviaWa awst receive a cow sae afbln & The capability aa development mbeawl- 7Tm cmnatr,ralan of new singils,41wsy dwellIM :appRant dsmmnmd it, devol,$,,M w pms�e,t amganle porsupdmsectlme sufficient fire protedlon.aysten In the cent mid on a lot In a semdvWm Apfinesd :,'4, #a4apgs&m• (pan rdl hNl�llg. MIRaIMu4If No aMasawaamd mpms thins ham tlrgmdldddsmtmabw Board prlor m hil f0A 2gg0:agay be Y Afe quaWy, - Coumy aagd&ymanL him4 b mm,gkea as®ha tlmeaeielmam imshmld for each.a tM bdh4d- to protect a dsvalmPmeni• from Growth Management Under ad mmpid- 2 Yfmm,Q"elm ad r seed M'tbtesn d(kmty t q¢mMdseds to tot s,lIMadm idx*"in this section.g the :E: School 99 '- (0.2 op4d&y no eclat m :tan,as follows: r S. sm*gm w detdmleR edasthsr a&•RYad'.�Alm esn/aaoluem threshold ia net received or 9 which the schod system is - hyadood- t1. Dwelentily ling UqW. 26 -:lII0�g 16ewMtfieagemsst+ drt dq-Chthe.moml radial"thambeek4 a opmem by imsauI come box services, esmPtlon on m dw Rpanm.Is- -vdo-> i'r Ps"kfr a MU4='..Aaam1 �ddaesiYl•:aW4msua U be&wad me to mot eM appgca• fde>� add sJpuooms s tlewmd ;,mmmda aasatne aerie. A�c�eov�1n Oraftgdm 16, Baalues far ibreRe CMya , . '. .,+, ebb Category of nil rod. Petroleum F. goad athepubbbcrr6WD lworkmwo 'addng ton, u a arhbde A 'Om fbelmpa Mannagement' ape.acasabk . Annual aeald[mW agelrepA algsge ere dab• 1. lkreORW f&and G seed S Wass a Public side let ce needs a i proposed development ad the detirf The ae/ageMsd' R sal peasa� sea* arahsetwa dnssisi#e dsatlop. -sad AasA&+Fanlpoinmr1mr to s,mkamm dwithin e&ndb the Pil leCoasAmidUmWmwK ` ampWp 'drop be az*d sealed for pabge maiden for mat+vend,amY W ldtigastla danlydd sbrf44'pdtu'{sale maedim&tza dM ah M the mm Comb Rod'MmaRmant .=lad Y&iduAg' - w hsaid WMIg sWile_ ImmWawtn (,,s'pnaaMgtdg Wpt 038k_ &MAp ecom ' uum qpt yaes@A.Y18aoWPeW1a4 rsldao- Cmwrs►ton:mmlmum Mmhdd.Momce a2ry Y commlmso4 to oakumaxes- _. 5/d1aR -dAN'dUidmt'im t� I�ts•&.MY1ksiMtdJyIASWS 'd'MopovaalbdWlem sized lots.2. AddUlons +... : :.Wtsemtlaa}c,,._, ". through vmsm ...- W4abtl WseW/el4bkd Protection.min, 3: AMI1tY to Pa1as W' oetseah mad BW2awatp joi Five Ysrs After - ally be 2rambdw4ardr amend allot lam threshold sts(6).pors(referm eectmn 9• mprorvemenb;wltboaleadtYpIna.baldamen - CfdlNCsteof todwdhgg A r fw ammp- ,, Jon "Oda"-4mwbpMWlL 130mmR talcaragemthechomeWaOneamawndgh- �twhM gmatd { F ilm - B ^Ram. •'fie' - +Whp +l •;• 4. ,Comtmcy with Community Gow,mid- hothead In which the desmpmmt h proposed. ,.F 16lted ."tg014ahef' Pad or Pend steins s v r. ^iaam threshold hve(§)Points(der to section unit, for'dditbs TDRa to for conveyancer to publ,cmthtls(orpubheplr 9R mmzmmopJ ML &1t6Q711)iasa, : ...1, .: 1�0.028 Ellett the Easlr'oaaaeM and pace: . S. Provision a Afford"Housing,mInrpm and anew . .. obtain aseexa mptan lt" maMp. t. Pmadie gmmdlmaaw pd1Rc service; (cotmatML thradmid m s(1)poker(refer fo section 9-110 - �2. WWbe curtseyed m apublk Wthy for piNc AS k a967: The P4neing and yeamg Commission shMce, &1100s8 k pdgreree.ac.where the pared is not conveyed mcmt4mad Tad C.-Ama of BMu Pobo to Brsk7%s, drier each apdedion's Mountains"h0pmcts -Re.aaeM to&F"cenlpp prasdn:/a aead roaMlon Asaremb Vmh - and rmawee eaneerntfon msams and rate at i awpen spas proMbWfW so structure ad Mfaimum. a 8 UtlRs... " WMe-ire agsmBd two..ormoreaPVBsatios each development by assigning points anmd- �,v! "we" p,llbh wlthdre open spaudsagm- CWWgoae . .. m*slntt4;bmaapaassheUbedillaedby Ing m the following sydep(gmYlmumf}las,bold :An exemption b - ldldstttid rages• mR and" „ „'. the lgYdBglk 24mkeg Comdselon to bmkthe score the(5):W Ws:maximum Kure eight(8) els small ddWas atrwmre.ahMu 3. tlBl mmtrsuRmaadpbWldasmemaW... wi2pi@# 3sptY-won Realdrwat•fl,vsbp• t4.'IbamWymrthe mad abaw.points pu- pm44k replacement units s follows: it Magamea3ervlcefAmads.M applkano mat A*4*Mb .tad m section 9.120037,a development most SgomALR- Indicates adverse mvLonmmul A Gaaeal standards and Criteria. ao essd{p qaR demgatmta eha mWgatlon a aemerda - °tsars the total.son a at wet twmly4war mpacte.due to an or Dion for a residential remodel,snaE addition or.. tor. - MultFtger'residential devalspmenf aiMtamas (8O psmavagar4 pmeuamto sections9.126 inability tomWMe Impacts or Imdequate mho replacement unit shag comply with the foikm- 1. Adstlonal aNm4M leeosing: may be awarded subject mmalgl4ss with the -W3,t 9.120036 and exceed the mkemam gatlon menuras proposed by an applicant -Ing standards; 2. TnrapmtMld servicaa and parking:and danderels In the section: thratbnls:for at Next three(3)of the specific kgm,W,1- Indicates compliance with the Stan. 1. legally Crated Structure. An appilcust 3. WAem the epmgsmpks native use,poste categories predeuedy Identified In this section. den of the led Use Cade and-Wind ew1- alas thal, where tha - ad abazenq.msdkd advioss are available, A Standards and Comm 4w.M4 dwwad et 7la fosoaMg dart depicts the threshold,snmF momenw Impacts dnem an applicants capaW ...remedeph - IWrn M rqp PraPoe4a C. bBhgYlm a•6aviroden4l mpaCb_An Multi-Yap Residential Allareants for mesa and madmum srom by category: Ile to nmlgete sweat hmp,LLYa but lade of coral was legasygr�edt ana by l coDym applicant ta s sw dmkmebathe de4pama Das4@aad FemUtdm,Tugbitmp�elftlon• a rmoWrts& the ballot for the In the has nKBgMle manses repecta on: - see pns•mou unions, .. ass event a viW baMingpeemRJdy aa4mclure clie- 1. Akq - - D--do mt.pmmgmd frontage esperal- summt causes, not be provided, remdMng or mplacemegrit 2. Rhea Iwdmdmm Mrs mn:md .which amubeamse#M*AamiWoolmmkual . aatsiawdw&zaowal mayoccw1fanappllcartdmmstmatbm 3. Bodequaft - = amtmbavwiwAnpbe •..Mw&apdasl. structure was bud prior io m plMmnc&of thnoagbfhermdatedtryse&1+eddmtW am- sr County building pmalta 3. &12k RURAL AREA RMDMMAL ments,:asd Men bcda&atebWed4madsthe..agd m - .gatthrmsaav,m: . Flnvrdsaaalo poem) 2. NoD bmmgum&rsss.fliecdadormbg -GRIMM MANARMMM ALOrME419 AND mes es4bb br/ataae d 1e m dtsda l� • e0�ed lohwm ps petits) aruchwas dal cdnwt wo1pp sbdards for IXNWEITI" tmtlr4�wmgmtadadsadaitaft SO --noncoaornsg uses, R agpkerilk lacInd9r8 L..the quality of toe pespamd dv"komma .. aFewaaloamwe) my necessary approvals for the expression ale smaertm.m khan snesan4y aaaxd tho;Ngkmvrmthrealt m poocordormfag useatrygtene pal 100 mvlN�a-. old for xabgem mssd4e ii Wan r awe ��01imemaw+•1. menw heed parties, &12me Karam - 2. £osmapm:plaseng Adf bamhdble t^Ivta ONZ :B. Fsmptlon for 912&M -GR0VAK UANAGHMEhf--Buhl- becrosaatadMdeMsstht44*mkrrtoaake Reenodesn8 bl red Dbocum my l;e ou4n&AFJ•Oykam9 - dos190wMoltwp"au wcDndr*ymourg. exempted tram Growth Management as follows: . &12sMM1�GeamalAmiedssd Cd,da4r This requires bar.b md auhdsaddmerlri. emm em ,. pfeavdmeaawW Cexw,ym . aaq Y. The original hroteloc ethe structure flWl AROmeaas f a. that.. . . - ta.elm,vema&apsrm) not be expanded use wrelacdd, a110Me Awaaal ResWmtW Aeatmmt a. vtmmdas.a seek.wd1A#dt'hom-rot 2. The use of the stnntme siWi rot �- etrrxdbn mmakhtatpece; laaaar,rravaa w.swereaws�o" , its changed. y ¢ &12Wx8 momyow RealdamW b TlmprapadrksiopriEM4e.0JtWebdld- Need TheBow mom aWucrmnv not ARnmamm Ing wMrh aura away be cwOMmdsdoroper- - A.aw,wawxml y,.w pal Imnsd. 1Maldmthg ARmbmi Aa ated Inphasml and ova) C. Emption for S0na8er Adutlbm. ` '1,t28g0p:' ISW.GR09Fflt c. Threpablkk WvbwesUnWIprthepro- exawraenp.wa ptpam) addition; to mldedal strngtum may sl{I4PiCDf!>t SMt - Posed development such as roads,okpart bed- - ema.. awkvw mans exempted from Growth Masgimaft d•ewer as; to►: JNtBPMt Yiewa4 CeOpstltlm 940sdrnls ftimwaaadustaRbilstOW tithe •.-a' aoasoa) 1. The addition exemption Is limited to 1,000 .err tkmerlatarRaoldeatlalDevdmpmmt WtWhm at the Project-mdds(tbasW ace- square amwfaakelsa feet a floor area par parcel or lot. JNYM9'AwiYRq ad Apprepdabmss noarkarl,unmMtie..r - • • 2. The use of the structure shall not bechanged aPW*abiPalsalei psud 9ervtou. 3. Tim ImpactsOf Construction pftheopeoposed nadramaatmm,vemavp0 as a mutt of the addition. 9-126072 east m ton FavtrmmeM nth devempdeamfM am figgraborbood mvmsaawaoewaI s 3. The use tithe addition exemption Is limited Maximum,domervalloss *half be rcducd•legra. suhaletiorvat arse(1) comae Ywee, • Mlaoa+.tens wawwan Nr to a cumulative total of 1,000 square feet to*, 9438434 WNMft OW �WBdBh ,U&MM tkne.rather them phod"it evergee(2)or more wren period of five ((5��years•ham the date of das pmtKom cDoOnatlonpdodamdsudtimpadt shall be war4,o.da&zpaaau isuena p1 tha Certfirsled-Ilceasiaincy for airy M2gd0s-Owm1wmsT with Comsmlly adjudged to be taleraD4 by • mwr,apeadsasvvaev.oltu.." prior additons. ;. GgaY ' 4. ThoCamg,efdha ahWmbbgthe pa wets) - 4. The addition is sblect m 1041:enradindr• .&tff&pp0gg20^hodslmwy'WAdosdeble ifonh)g acedeaataa die m.wYrh lasiaasa&eerslcee '..m waaemnrmaAtsww -w hazard review,: &i2dMT IYvaaePdsb and public bdbdm Will botigiWANlt abag IPoof D. Exemption for Replagaomt Unless. --. bewWdMdaanWWAYmvstesud '..WaVme'srtaadaea•IDmd The replacement of a l amadmtsemmM"aw stare my be exsindo- &t3M10 Propose strafe Ldpd:.MgeMcft* l�1aIp,LR t4mat "ua+u tsmubm mmq irony mldmW gemetun may lob the - a follows tlotaNklmtdmto sme atahbmtlm rwaenaew,walawMrq -from Growth Management,submM totha W4W- The purpose an tits aewthInto Rural At" following unty's leaseCfuWRt aaamipdate the mw.bmxdampepinn 1. whem iof maeSkkRt rowlh In the Rural COr- CouratyY pleased rhea do aced. - t - 1. Bee. Th ea LlWtod to Size a Origisal' :whereby all mealaemllal deva4pment.ia coo- eratd dbJiaem tbe�prapomddwalopmant: la,vahaas uotwsuwumamlaaswmew e --I- Structure. Tha-fePlseemonfi structure shag gee bused.:tbmhsie a-co petition syeoam or der a. haopmrteton hmludke& abpmd;.:rode. - uvra'&tpmial oompOMW to�pre t: the original drxtote wide i a k1 J txgashhd In section is ,s. .It. sal pakbeg; - h or rexempte it= 4not b, llrWtlas ineJdke&water.assaaalesbic.gs Ike td to the Boor son dthhoriginal struchem, a AtmmWum.the appllcadaPp :Incedvaed themglnwaanpted loom GrowthadthaWge; rarAsr . origi �1 Management is required to compete fee armat c A4gtleMabousher; . uThrr lemlly dwelling unit the same stress allow 2n dmwMperent Mammla. A compeem weayste5n d perk"ton* dWnh rmdw ,. �sectm9-IJN 21smgtmmee Yf9hnR wha4m propsed development ls cmadmed a. 9o&lwamfuWpas;' I - b. If the replacement atrncYmebpropcaed a '..hopdw vwtabLsbdWeand criteria dtkwel- L Polkle-.ani8"Im6actize Whsdaed: - Board�ppproved,pbd4vislmorme pate1 'Woad tosiWWad names that M*Wal g9. Hospitals ad shoed•• v - lycmtedaddeadgueaprireto- 12,1 development b eMddmt:wWa the Purpose M S fene0ebador aha Aoaft and Z-kq CamnewbnaW aw,waw se appluWrY aapad war+public lelas ad wevsse and the Ppcelts conforming,Don epplkan[rgly fresh In section S100010. DeveopmeM fs .if dead d"W bowft ,AW* AIs pert-a. ark abeMasMoerimY b" mosiarnodnp bMMbdng"Wean Ore s.seemed.se,(a) - be permitted to replace the original druct4ge amedtlrcau(it this competitive process by the the eMj de aeatpapmel,tmmnmgemud be pane:Wwatarrawewn ,=oetrbY. . with a slnsiefe the unit the wnee a Piarmmg A Zan"COMWAUJn and allotments constructed bndWAMplueseofdavNopmm. flew.ef04edeaee.axr:el,wllmDeaWmhurPi^vwq Mvliwe duetisvelmlq.quay. as allowed In sector 9.110051(9)Q amawaddbsed to te•hi0theat sewing appli 6 •The'Appgemt shed cood"Ordydorm- exemption fo Bond roved sub ..sue antaasamuM asalw ew aevwanataaeaarmw,Metlmglemld..veaame saw house r a mull ppF C� oaay�M trim to We BosM:tn orate tlad(padbg�s�a�Ynh uobhrr�„-q�roers .oral.• metaauownaoesewowmrarnw sneer aeon owvwawuteyw,..atv 14-C The Aspen Times a SaturdaySunday,May 1344,2000 mitigation. The Planning and Zoning Commission shall con- the award of bonus points as follows(maximum Ing procedure: abuse of discretion considering the standards Sarre of 2- Indicates no adverse environmental sider each applications consistency with County score two(2)points): 1. Establishment of Time Limitations. The set forth in section 9-110 or a denial of proce- impacts or an applicants complete mitigation of Land Use Policies and rate each development by A. Bonus points may awarded only to develop Chair of the Planning & Zoning Commission dotal due process. If the Board finds either an impacts or a development exceeding the stao- assigning points according to the system In this ment applications exceeding the overall mini- shall establish time limits for each part of the abuse of discretion or a denial of procedural due dards of the Land Use Code. section (minimum threshold score five (5) mum scoring threshold and at least three of the meeting prior to the beginning of discussion. If process,the Board may by resolution remand A. Air Pollution(0-2 points):The effect of the points;maximum score ten(10)points): minimum thresholds for sections 9-120032 oral prosentatlons are limited due to time con- the matter to the reviewing entity responsible development on the community's air quality A. Open Space. (0.2 points.) The extent to through 9-120-037. straints,anyone may submit written testimony for the decision with directions or the Board including but not limited to whether: which the development preserves desirable B. The Planning and Zoning Commission shall to the official record of the proceedings. may grant or deny an Incentive/exemption. 1. Fewer or cleaner woodburning devices than undeveloped lands for wildlife,scenic and other consider the extent/o which an applicant pur- 2. Presentation of Staff Report. Prior to any 2. Scoring of An Application for Development allowed by law will be installed; desirable resource values consistent with adopt- chases interests in land m order to preserve presentation by the applicant, a Community Allotments. The Board of County 2. Existing dirty burning devices will be ed comprehensive plans and land Use Policies valuable undeveloped lands or creates conser- Development staff person shall present a sum- Commissioners shall affirm the scoring of an removed or replaced by cleaner burning 2-10,230,2-I20,2-160,2-240 and 2-280. vation easements or dedicates land located 1n marry of the Staffs review of the application(S) application seeking development allotments devices; Score of 0- The application is totally inconsis- the Agricultural Wildlife Reserve District(AWR) based upon the scoring standards. unless it finds an abuse of discretion consider- 3. Dust prevention measures are employed on tent with adopted comprehensive plans and of the Pitkin County Down Valley 3. Presentation by Applicant. The applicant or Ing the standards set forth In section 9-120 or a the unpaved areas; land Use Policies 2-10,23q 2-120,2160,2-240, Comprehensive Plan:Future Land Use Map. the applicant's representative shall present his denial of procedural due process. If the Board 4. Any special emission control devices are 2-280,and does not preserve valued open space Score of9- The development does not help or her comments regarding the application s) finds either an abuse of discretion or a denial of used; lands. meet the goals of the County as identified in the consistency with the scoring standards. procedural due process,the Board may by resu S. Development proposed utilizes and/or pro- Scam of I- The application is generally consis- Pitkin County Down Valley Comprehensive Plan 4. Citizen Comments. Citizens In attendance at lotion remand the matter to the Planning & motes In design and location the use of public tent with adopted comprehensive plans and regarding the preservation of open space,agri- the public hearing, Including other applicants Zoning Commlaslon with directions or the Board mass transit or other non-vehicular transports- Land Use Policies 240,230.2-120,2-I60,2-240, cultural and wildlife lands. competing for an allotment,shall be provided may rescore 2 project Itself. tion; 2-280, and preserves the most valued open Score of I- The development supports the the opportunity to comment. 3. Award or isenial of Development Allotments, 6. Mitigation of PM70. space lands within a property. goals and objectives of the Pitkm County Down 5. Planning and Zoning Commission Comments The Board of County Commissioners shall affirm B. Water Resources(0.2 points): Score of 2- The application is consistent with Valley Comprehensive Plan by preserving open and Questions. The'Planning and Zoning the award or denial of development allotments 1. Patent to which the project will Impact sur- adopted comprehensive plans and Land Use space, agricultural lands and wildlife lands Commission shall ask questions of the staff, unless It finds an abuse of discretion consider- face,groundwater and irrigation supply;and Policies 2.10,230,2120,2-160,2-240,2-280,and located in the Agriculture Wildlife Reserve applicant or citizens and make comments ing the standards set forth in section 9-120 or a 2. Extent to which the project commits to malo- preserves all valued open space lands within a (AWR)designated on the Pitkin County Down regarding the application(s). denial of procedural due process. If the Board tain existing surface,groundwater and Irrigation property. Valley Comprehensive Plan : Future Land Use & Miscellaneous Comments and Questions. finds either an abuse of discretion or a denial of supply for domestic uses,wildlife uses,vegeta- B. Agricultural Land Preservation(0.2 points.) Map.The applicant must preserve no leas than Additional procedural safeguards such as right procedural due process,the Board may by mesa - tion uses and agricultural uses. Considering the extent to which a development two(2)times the minimum lot size in the zone of crooexamination shall be granted to citizens lotion award or deny development allotments. C. Hazards and Natural Vegetation(0.2 points): preserves known agricultural lands Including, district where the development Is proposed. and applicants when and to the extent neces- L A proposed development is free from man- but not limited to,those which have been Ms- Score M 2- The development aggressively sup- sary to assure fair and full disclosure. 0.1 Growth Management DefiniHom made hazards; torically irrigated, as identified on the ports the goals and objectives of the Pitkin 7. Closure of Public Hearing. After all com- 2. A proposed development completely avoids Historically Irrigated land Maps and supple- County Down Valley Comprehensive Plan by ments have been considered from the public ADDITION means the adding on to a structure, development within one-hundred year Rood- mental report entitled Irrigated lands of Pitkin preserving open apace,agricultural lands and and the applicant,the public hearing shall be usually resulting in an Increase in Floor area. An plain hazard areas; high hazard avalanche County available in the Community wildlife lands located in the Agriculture Wildlife closed by the Chair of the Planning&Zoning addition Includes the adding on to a structure zones;landslide areas;30'%slopes;rockfall has- Development Department,those used for food Reserve(AWR)designated on the Pitkin County Commission. even where a portion of the structure is demol- ard areas;severe wildfire areas where wildfire production,hay,grains and other feed produc- Down Valley Comprehensive Plan:Future land 8. Scoring. The Planning and Zoning ished and not replaced. mitigation is not possible or desirable; flan and those used for dry pasture and range- Use Map.The applicant most preserve no less Commission shall score the applicatione) on FLOOR AREA means the area included within 3. A proposed development does not destroy land than three(3)times the minimum lot size In the the score sheets provided by the staff and sub- the surrounding exterior wall surface of a build- and actually preserves natural vegetation on the Scam of 0- The application is inconsistent with zone district where the development is pro- mit their score sheets for the staff to calculate Ing or portion thereof,exclusive of courts. The site; and adopted comprehensive plans and land Use posed. the overall score for the application(s)pursuant floor area of a building,or portion thereof,not 4. A development commits to weed manage Policy 2-240 because development is proposed to section 9.15030(D). provided with surrounding exterior walls shall ment on valued agricultural lands. 0.150 SPECIAL PROCEDURES D. Procedure for Scoring Growth Management be the usable area under the horizontal pmfi� D. Energy and Water Conservation/Waste Water Scam of I- The application Is generally cones- W150.10 GENERAL Quota System Applications. After the public tion of the roof or Door above. Reuse(0.2 points): tent with adopted comprehensive plane and XISO-20 PROCEDURE FOR hearing is officially closed, the Planning and REMODELING means the renovation of an exist. The extent to which an applicant proposes to Land Use Policy 2-240 because development Is INCE34II7VES/EXFMPFIONS Zoning Commission shall consider and score Ing Structure which does not change:a)the orig. employ: proposed for areas outside of Irrigated lands &.150.21 Issuance of Certificate of each application based upon the scoring star- inal size or location of the footprint of the struc- 1. Passive and/or active solar heating and cool- used for food,hay,grams and other feed pro- Incentive/Exemption at Building Permit deeds In section 9-9-120.The following scoring lure;b)the use of the structure; or c)the Boor Ing and thermal insulation measures beyond duction. 9.IW22 Approval of bnttntive/Psempion procedures shag be adhered to: area of the structure. those required by the Aspen/Pitkln Energy Score of 2- The application is consistent with at land On Approval Stage 1. Scoring Based on Whole Numbers. Based REPLACEMENT means the complete removal of Conservation Code;and adopted comprehensive plans and Land Use 9.15030 PROCEDURE FOR COMPEITTION upon the scoring standards in Sectioli 3-140, all or a portion of a structure and substitution of 2. Water conservation devices and wastewater Policy 2-240,It preserver Irrigated land for food, FOR DEVELOPMENT AILOlMENrS each voting Planning and Zoning Commissioner the original structure with a new structure. reuse systems within the development rather hay,grains and other feed production.and also 0.150d0 APPEAL shag award a whole number score(not a fraa RURAL AREA means [description of area out. than standard plumbing facilities. preserves lands used for dry pasture and range Ronal number) to the application(s) on the side of Aspen and Basalt UGBs to be inserted) E. Conservation Through Construction land. 9.150.10 General score sheets provided by the Community Management Plan(42 points): C. Visual Impacts(0-2 points.)Considering the Development Department. The extent to which an applicant proposes a extent to which a development Impacts the Pursuant to section 9-1I420(A)all development 2. Discussion of Scoring Following the initial SEE ATTACHMENT B ON Construction Management Plan to: scenic quality and visual character of an area which requires a building permit In the Rural scoring,commission members shall be free to NEXT PAGE 1. .Wmit the number of trips to the site through and the extent to which a development is con- Area of PltIm County Is required to either. 1) discuss Individual scores and to offer jusHfica- wrpooling,storage of tools on site and other ahstent with the Scenic Overlay standards obtain an Incentive through or exemption from tion for such scores. Staff may make comment innovative measures; (Section 360.40) and Land Use Policy 2120, Growth Management; or 2)compete for devel- during this dbcusshon,but no member of the 2. Limit the amount of fill removed from the site notwithstanding the fact that the parcel may be opment allotments. This section sets forth the public or the applicant may be permitted corn- through regrading and use W the fig weaker; located outside of the mapped scenic overlay procedures relating to this requirement. ment. - 3. Reuse of existing construction materials on O.e.,within tributary valleys to the Roaring Fork 3. Rumoring. Following the close of Planning site; and Valley). Any application required pursuant to section 9- and Zoning Commission discussions regarding 4. Construct the new structure from"Rosso" Score of - The application Is inconsistent with 150 shall be submitted an a form available at the initial scoring,a final scoring round will be held, building materials and"green"technologies. the Scenic Overlay review standards(Section 3. Community Development Department along during which each Commission member shall 60.40)and land Use Policy 2-120. with payment of a fee to defray the cost of pro again Identify the number of points,expressed W1204134 Wildlife and Wildlife Habitat Score of 1- The application Is generally consis- cessing the application. The completeness of as whole numbers, assigned to the project. Probetlan tent with the Scenic Overlay review standards any application submitted pursuant to section 4 Planning and Zoning Commission members shall (Section 360.40)and Land Use Policy 2.120. 150 shall be determined by the Community be free to revise the number of points awarded The Planning and Zoning Commission shall con- Score of 2- The application is consistent the Development Department within fifteen (15) to a project between the preliminary and final sider each application in terns of its Impact on Scenic Overlay review standards (Section 3. days of Its receipt. If it is determined that the scoring rounds. wildlife and wildlife habitat and rate each devel- 60.40)and Land Use Policy 2-120. application Is not complete, the Community 4. Calculation of Final Score. After the close of opment by assigning points according to the fol. D. Development Below Allowable Derutty(0.2 Development Department shall send a written the final scoring round,a project's final average lowing system(minimum threshold score six(6) points.)Consider the extent to which the devel- statement to the applicant outlining the deft- score shall be calculated by(1)totaling the come, points; maximum twelve(12)points): opment proposed is less than the allowable den- ciencies. No action shall be taken on any appll- missloners' individual scores and (2)dividing Score,ofp- Indicates noncompliance with the ally in terms of numbers of dwelling units(not cation until all deficiencies have been corrected that total by a number equal to the number of policies and standards of the land Use Code and Including caretaker dwelling wits, employee or otherwise settled. An appeal Is available to commissioners who participated in the final adverse Impacts to wildlife and/or wildlife habi- dwelling units or deed restricted affordable any aggrieved person pursuant to section 10. scoring round.Final average project scores shall tat due to an applicants Inability and/or anwill- housing dwelling units)permitted in the applec- 19060. be calculated for each of the applicable growth Ingress to locate the proposed development able zone district: management scoring criteria of section 9.120 away from wildlife and/or wildlife habitat. Score of 0- The application proposes develop- 1).150.20 Procedure for Issuance of and a cumulative score shall be calculated for Score of l- Indicates compliance with the poli. ment at a density of 76%to 100%which mast Certificate of Ineentive/Exemptlan the criteria as a whole. The final average cum - ties and standards of the Land Use Code and mixes development on the site under the zone lative score shall constitute the project's finalVL minimal Impact to wildlife and/On wildlife habi- district. An application shall he required for any incem score. tat due to an applicants avoidance of wildlife Score of I- The application proposes develop- lives/exemptions from Growth Management. 5. Ranking of Applications. Projects shall be and wildlife habitat and capability to mitigate ment at 56%to 75%of the density allowed under The application and process shag differ based ranked in order of their final average scores. most impacts, but lack of total avoidance and the zone district.The applicant shall provide a on the type of approval required for the incen- 6. Forward Ranking and Final Score to Board OI lack of total mitigation. coven in ant or other guarantee ruing with the five/exemption to Issue. As a prerequisite to County Commissioners. The ranking of the Scare of 2- Indicates no adverse impacts to land for which Pitkin County shall be a fienefl- building permit Issuance, the applicant shall development applications and calculation of the wildlife and/or wildlife habitat due to the appli- Clary, guaranteeing the representation of the obtain a Certificate of Incentive/Exemption from final Planning A Zoning Commission score shall cent's location of the proposed development density reduction. the Community Development Director which than be forwarded by resolution to the Board of away from wildlife and/or wildlife habitat and/or Score of2- The application proposes develop- shall signify the granting of an Incentive/exemp County Commissioners. the complete mitigation of impacts and a devel- ment at 50%or less of the density allowed under lion which exempts a property owner from E. Board of County Commissioner Award of opment exceeding the polices and standards of the zone district.The applicant shall provide a Growth Management competition. Allotments and Potential Rumoring, Upon the land Use Code. casement or other guarantee running with the receipt of the Planning and Zoning Commission A. Preservation of Existing Wildlife and Wildlife land,for which Eldon County shag be a benefi- 9.150-21 Issuance of Certificate of resolution forwarding their ranking and final Habitat. (0 to 2 points.)The extent to which the ciary, guaranteeing the representation of the Ioeeotive/Exemptlom at Building Pernik scores,the Board of County Commissioners may LEGALS proposed development preserves existing density reduction. to resolution,allocate development allotments wildlife and wildlife habitat Including, but not E. Development Below Allowable Intensity(0.2 mi applicant who requires only a building per- 1.the eligible applicant az follows: limited to areas mapped e I the Division s points.) Consider the extent to which the devel- mph and no additional land use approvals,may 1. Majority of the Board May Vote to Rescons. of Wildlife on Wildlife Resource Information maps opment proposed is less than the allowable of s dare forty a the Community Development Director majority Co of at least s quorum et the Board of identified environmental hazard maps) or areas ally in terms of the total amount of square for a Certificate of application. Con m time County Commissioners may vote a rescore ed identified by the County biologist as: critical footage of finer area potentially available under of building permit torshall de The Community application.t The restoring shall se conducted wads; habitat; fisheries; riparian areas; wet- the applicable zone isMot Development Director shall determine a avail- following the same procedure of section 4154 lands;and/or significant habitat. sage,aspen and/or oak- reduceof 0 the Theapplication foto does not commit to ability of the requested Incentive/exemption 2. All B. Avoidance a of Existing reduce the square footage of floor area of devel- based on the Standards of section 4110. 2. Allotments Awardable Aker Appeal Right Has DEADLINE B. Avoidance oExisting Wlldllfe and Wild life opment on site. - Expired.No allotment shall beawarded0-40 the Habitat(e to 2 points.) The extent to which Me squat pff- The application agrees to limit a9.150.22 Approval t Intrntive/Paemptlan appeal period set forth in section 9-15440 Ias proposed development completely avoids,but square of flags to potentially to 75% W the square oi tend Ilse Approval Stage - expired. Ing wildlife and wildlife habitat including,but footage of floor area pmentialty available under t Allotments Awarded Based on Ranking. In Wildlife limited on Wildlife areas mapped In the Division of Me zonedistrict.nhThe applicant shall provide a An applicant who requires land use approvals the event of multiple eligible ments applicants, the 1=�*I Wlldllfe on Wildlife Resource Information maps covenant h other guarantee running with Me prior to building penmen issuance shall apply for Board shall award allotments in the ranking �00� (dent environmental hazard maps) : areas land,for which ing t County shall be a benefi- the any requested simultaneously imi ltaneomly with from order Commission, provided eel the Planning & Zoning Identified by the County biologist calving critical dart' guaranteeing the representation of the Growth Management simultaneouslywiththe fit Commission,provided that Uthe Board elects to winter range;migration corridors;calving areas; intensity reduction. Ing of any applications viewing development remove any project that range may change. waterfowl habitats fisheries;riparian area;wet- m ore M 2-The application proposes develop- approvals. The entity reviewing the land use 4.m Muear all Allotments. The Board may grant lands;and/or sage,aspen and oak-serviceberry meat at 50%or less of the square footage of Door application shallcalbizapprove or deny the requested multi-year allotments pursuant to section 9-120. habitat. area potentially available under the zone ells- section ex-110. based on the standards of 023. On TUESDAY e Canine Management.ed d 2 points.) The MCL The applicant shall provide a d,for which or section 9-mpt A Certificate section of 5. Denial of Development Allotments. extent to which the proposed development tong other Cguaranteefys running with the land for which 21 shall be require pursuant to section 3154 Development allotments are and them denied sits to prohibitingloate dogs where the er (1/4) Inhale Coanry shall be f b e intea tl guarantor Is shall be required prior to building permit by any scoring that bile to award the minimum envelope b located within d bighorn sheep Ing the representation of the intensity,reduction. Issuance. number of resnb per category and/or the total mile from mule deer elk and bighorn aheep required threshold jets. Development severe winter range,wearer concentration areas, 0.1204g6 Provision of A/faNebb Nooelq 0.Development Procedure for Competition for meets may also be denied H a project which w a migration corridors and production areas. Development ABolmenb the minimum scoring criteria ai ranked below s Commas to kenneling dogs where the building The Planning and Zoning Commissionislehousing shall con- projectyear. consuming the last available allotments envelope Is located within one-hall fro mile, sider the provision of affordable housing as reta As l pant w alle to building permit issuance,he for the year. but more than one-quarter er(1/4)mile,from mule ge, Uan to each development application by assign- applicant who is not eligible for any ir the deer,elk and bighorn sheep severe winter range, Ing points according to the system In this sec- exemptions In section ant shall be required to 0.150-10 Appeal /� ,j winter concentration cress.migration corridors lion (minimum threshold score one(1) Point; compete for development allotments through Co must be clean d and production areas. Where building envelope maximum more two lie points): the Submission process: My nggrleved panne may file an appeal regard-y Copy y type la located more than onhaffe-she p se milt from Swigding- The ap able ho ing.oes l commit to development mbabn of means s all a sub fittedions by ing: 1) the gran[ or denial of enY No Fax transmissions accepted mule deer,elk and bighom sheep as, mi winter providing the affordable housing. Nomber1, allotment shall ha submitted is Incentive/scoring of n hoes Growth for de meth; range, winter concentration areas, migration provif Iding t The application h on does commit to November 00. Applications cusps for co r allotments 2)the moring of any )application way for develop award tcorridors and production areas, automatically pro 100%the affordable housing. for year ZOW. Applications for competition for mend allotments;nact 3)the award or denial of for publication, award two e points. (0 100n Mitigation of Employment Generation. be submitted mb alter the year e: competition aheff any development allotments. D. Enhancement of Existing extent t or Wildlife mitigates, point.)J Consider whether the development be submitted I o before: A Filing an Appeal.with challenges most be Habitat(0 e 2 points.) The extol to which the the pales proposed a all employment either generated by 1. September 1 for residential development. hied In writing with the Community proposed development wimib to enhancing(for de proposed development either by providing 2. November o far cot accommodation devel, Developmentwedpa i Department,t enp by arty s wit in or the pie,existing wildlife st wildlife habitatandis a (for deed restricted affordable housing m site,pay- 3. October 1 for tourist accommodation Bevel- aggrieved parties he the proceedings within M- lab .rbsmu in example,creating or restoring wetla f a and/or Ing cash t Iles C untytopurchasing Property for Can- opment. teen Bun days of the complained action. l�(�'Qr�rM`WL riparian habitat or reintroduction of a threat- vryance to the County to be developed with B.m Amendment m mended of Application. Applications coos s Basis of Appeal. The review he h appeal used species). affordable housing. may ha amended ec make the applications,ormen shall been limited nab se determiningdiscretion whether Here E. Restoration x entty Habitat.(0 to2 pointed B. On-SitefEProvision Generated.Affordable Hansing for patio or to make tecMie c cane s my b made has beenanabuse dbcrtinn ar a simnel W t st insertion- .5060Aine•Consider the o mi to which the proposed So% of Employees hevelop (0.1 point) cations. le substantive changes may be mule procedural due process.Appeal. A r development commits to restoring the native Consider whether the development provides to a complete application prior to the compel C. Review of Appeal.Appeals shall be reviewed habitat to degraded sites. category deed restricted affordable housing on thin and among W the application. Only one by the Board of County Commissioners within 2nd insertion- .3680Aine; F. Reduction of Human Influence. (0 to 2 site for 50%of the employees generated by the application may be made per parcel each year. forly41ve(45)days of the date of the receipt of points.) Consider the extent to which the pro- proposed development. C. Planning & Zoning Con odasion Meeting the appeal. In reviewing an appeal,the Board of Proof of publication-$2 posed development commits to cluster develop Procedure. The Planning&Zoning Commission County et Commissioners shall consider the dev meet,reduce the size of the structures,an the 0.120037 Bows Points shall meet to consider all applications for devel- opment applications based upon the record property proposed far development to reduce - opment allotments at a noticed public hearing. established in the applicable proceeding and the zone of influence on wildlife and/or wlidlHe In the event of a scoring tfe between two or Applications for development allotments shall the following standards: habitat. more applications seeking residential develop be considered collectively based on the type of 1. Gram/Denial of An Incentive/Famption. ment allotments or If the application seeks development proposed (e.g., residential, corn The Board of County ConanWinnma shall affirm 9-720025 Consistency with Coleman" multi-year development allotments, the merceal or tourist accommodation). The met- the grant or denial of an hncmHve/exemption 14C The Aspen Times a Saturday Sunday,May 13-14,2OW ! I mitigation. The Planning and Zoning Commission shall con- the award of bonus points as follows(maximum Ing procedure: abuse of discretion considering the standards Scum of 2- Indicates no adverse environmental sider each applications consistency with County score two(2)points): I. Establishment of Time Limitations. The set forth in section 9.110 or a denial of proce- Impacts or an applicants complete mitigation of Land Use Policies and rate each development by A. Bonus points may awarded only to develop Chair of the Planning & Zoning Commission dural due process. If the Board finds either an impacts or a development exceeding the Stan, assigning points according to the system in this mend applications exceeding the overall min, shall establish time limits for each part of the abuse of discretion or a dental of procedural due dards of the land Use Code. - section (minimum threshold score five (5) mum scoring threshold and at least three of the meeting prior to the beginning of discussion. If process,the Board may by resolution remand A Air Pollution(0.2 points):The effect of the points;maximum score ten(10)points): minimum thresholds for sections 9-12M32 oral presentations are limited due to time con- the matter to the reviewing entity responsible development on the community's air quality, A. Open Space. (0-2 points.) The extent to through 9420037. Strands,anyone may submit written testimony for the decision with directions or the Board including but not limited to whether. which the development preserves desirable B. The Planning and Zoning Commission shall to the official record of the proceedings. may grant or deny an incentive/exemption. 1. Fewer or cleaner woodbuming devices than undeveloped lands for wildlife,scenic and other consider the extent to which an applicant pur- 2. Presentation of Staff Report. Prior to any 2. Scoring of An Application for Development allowed by law will be installed; desirable resource values consistent with adopt- chases interests in land in order to preserve presentation by the applicant, a Community Allotments. The Board of County 2. Existing dirty burning devices will be ed comprehensive plans and land Use Policies valuable undeveloped lands or creates conser- Development staff person shall present a sum Commissioners shall affirm the scoring of an removed or replaced by cleaner burning 2-10,2-30,2-120,2-160.2-240 and 2-280. vation easements or dedicates land located in mary of he Staff's review of the applications) application seeking development allotments devices; Score of 0- The application Is totally inconsis- the Agricultural Wildlife Reserve District(AWR) based upon the scoring standards. unless it finds an abuse of discretion consider- 3. Dust prevention mecums are employed on tent with adopted comprehensive plans and of the PIddu County Down Valley 3. Presentation by Applicant. The applicant or ing the standards set forth in section 9-120 or a the unpaved areas; Land Use Policies 2-10,2-30,2-120,2-160.2-240, Comprehensive Plan:Future land Use Map. the applicant's representative shall present his denial of procedural due process. If the Board 4. Any special emission control devices are 2-280,and does not preserve valued open space Score_ofl2- The development does not help or her comments regarding the application(s) finds either an abuse of discretion or a denial of used; lands. meet the goals of the County as identified in the consistency with the scoring standards. procedural due process,the Board may by reso- 5. Development proposed utilizes and/or pro- Score of l- The application is generally corals- Pitkin County Down Valley Comprehensive Plan 4. Citizen Comments. Citizens in attendance at lotion remand the matter to the Planning & motes in design and location the use of public tent with adopted-comprehensive plans and regarding the preservation of open space,agri- the public hearing, including other applicants Zoning Commission with directions or the Board mass transit or other non-vehicular transporta- Land Use Policies 240,2-30,2-120,2.160,2-240, cultural and wildlife lands. competing for an allotment, shall be provided may rescore th :oject Itself. tlon; 2-280, and preserves the most valued open Score-of I- The development supports the the opportunity to comment. 3. Award or Dial of Development Allotments. 6. Mitigation of PM10. space lands within a property. goals and objectives of the Pitkin County Down 5. Planning and Zoning Commission Comments The Board of County Commissioners shall affirm B. Water Resources(0-2 points): Score oft- The application is consistent with Valley Comprehensive Plan by preserving open and Questions. The Planning and Zoning the award or denial of development allotments 1. Extent to which the project will impact Sur- adopted comprehensive plane and Land Use space, agricultural lands and wildlife lands Commission shall ask questions of the staff, unless It finds an abuse of discretion consider- face,groundwater and irrigation supply;and Policies 2-10,230,2-120,2.160,2-240,2-280,and located in the Agriculture Wildlife Reserve applicant or citizens and make comments ing the standards set forth in section 9.120 or a 2. Extent to which the project commits to main- preserves all valued open space lands within a (AWR)designated on the Pitkin County Down regarding the application(s). dental of procedural due process. If the Board two existing surface,groundwater and Irrigation property. Valley Comprehensive Plan : Future Land Use 6. Miscellaneous Comments and Questions. finds either an abuse of discretion or a denial of supply for domestic uses,wildlife uses,vegeta- B. Agricultural land Preservation(0-2 points.) Map.The applicant most preserve no less than Additional procedural safeguards such as right procedural due process,the Board may by Faso- tlon uses and agricultural uses. Considering the extent to which a development two(2)times the minimum lot size In the zone of crossexatnination shall be granted to citizens lotion award or deny development allotments.. C. Hazards and Natural Vegetation(02 points): preserves known agricultural lands including, district where the development is proposed. and applicants when and to the extend neces- 1. A proposed development Is free from mar, but not limited to,those which have been his- Score of 2- The development aggressively sup as"to assure fair and lull disclosure. 8-1 Growth Management Dentitions made hazards; torlcaily irrigated, as Identified on the ports the goals and objectives of the Pitkin 7. Closure of Public Hearing. Aker all com- 2. A proposed development completely avoids Historically Irrigated Land Maps and supple- County Down Valley Comprehensive Plan by ments have been considered from the public ADDITION means the adding on to a structure, development within one-hundred year flood- mental,report entitled Irrigated Lands of Pitkin preserving open Space, agricultural lands and and the applicant,the public hearing shall be usually resulting In an increase in floor area. An plain hazard areas; high hazard avalanche County available In the Community wildlife lands located in the Agriculture Wildlife closed by the Chair of he Planning&Zoning addition includes the adding on to a structure zones;landslide areas;30%slopes:rocldall has- Development Department,those used for food Reserve(AWR)designated on he Pitkin County Commission. even where a portion of the structure Is demol- ard areas:severe wildfire areas where wildfire production,hay,grains and other feed produc- Down Valley Comprehensive Plan:Future land 8. Scoring. The Planning and Zoning fished and not replaced. mitigation Is not possible or desirable; tlon and those used for dry pasture and range Use Map.The applicant must preserve no less Commission shall score the application(s) on FLOOR AREA means the area included within 3. A proposed development does not destroy land. than three(3)times the minimum lot size in he the score sheets provided by the staff and sub- the surrounding exterior wall surface of a build- and actually preserves natural vegetation on the Score of - The application Is inconsistent with zone district where the development Is pro- mit their score sheets for the staff to calculate ing or portion thereof,exclusive of courts. The site; and adopted comprehensive plats and Land Use posed. the overall score for the application(s)pursuant floor area of a building,or portion thereof,not 4. A development commits to weed manage- Policy 2.240 because development is proposed to section 9-15030(D). provided with surrounding exterior walls shall ment. on valued agricultural lands. 9.150 SPECIAL PROCEDURES D. Procedure for Scoring Growth Management be the usable area under the horizontal prejec- D. Energy and Water Coraervation/Waste Water Score of I- The application Is generally curets- 9.150-10 GENERAL Quota System Applications. After the public Lion of the roof or floor above. Reuse(02 points): tent with adopted comprehensive plans and 0.150.20 PROCEDURE FOR hearing is officially closed, the Planning and REMODELING means the renovation of an exist. The extent to which m applicant proposes to Land Use Policy 2-240 because development Is INCENTPiESlEEFAIPI'IONS Zoning Commission shall consider and score ing structure which does not change:a)the orig. employ: proposed for areas outside of irrigated lands 9.150-21 laauance of CertiBeae of each application based upon the scoring Stan- inal size or location of the footprint of the side. 1. Passive and/or active solar heating and cool- used for food,hay,Sralns and other feed pro loe d"/Exespllou N Building Permk dards in Section 9-9-120.The following scoring lure:b)the use of the structure; or c)the floor Ing and thermal Insulation measures beyond duction. WISO-22 Approval of Ineentive/Erzempdm procedures shall be adhered to: area of the structure. those required by he Aspen/Pllkin Energy Send oft. The application Is consistent with a land Use Approval Stage 1. Scoring Based on Whole Numbers. Based REPLACEMENT means the complete removal of Conservation Code;and adopted comprehedsive plans and land Use 9.1" PROCEDURE FOR COMPETITION upon the scoring standards in Section 3.140, all or a portion of a structure and substitution of 2. Water conservation devices and wastewater Policy 2-240,it preserves Irrigated land for food, FOR DEVELOPMENT ALLOTMENTS each voting Planning and Zoning Commissioner the original structure with a new structure. reuse systems within he development rather hay,grams and oil.feed production,and also 9.15040 APPEAL shall award a whole number score(not a frac- RURAL AREA means [description of area out- than standard plumbing facilities. preserves lands used for dry pasture and range tlonal number) to the application(s) on the side of Aspen and Basalt UGBs to be Inserted] E. Conservation Through Construction land. 9-15010 Gee ml score sheets provided by the Community Management Plan(02 points): C. Visual Impacts(42 points.)Considering the Development Department. The extent to which an applicant proposes a agent to which a development Impacts the Pursuant to section 9-110-20(A)all development 2. Discussion of Scoring. Following the initial SEE ATTACHMENT B ON Construction Management Plan to: scenic quality and visual character of an area which requires a building permit in the Rural scoring,commission members shall be free to NEXT PAGE 1. Limit the number of trips to the site through and he extent to which a development Is core- Area of Pitkm County is required to either: 1) discuss Individual scores and to offer justifica- carpmling, storage of tools on site and other sistent with the Scenic Overlay standards obtain an incentive through or exemption from flow for such scores. Staff may make comment Innovative measures; (Section 360.40) and Land Use Polity 2-120, Growth Management; or 2)compete for devel- during this discussion,but no member of he 2. Limit the amount of fill removed from the site norwihstanding the fact that the parcel may be opment allotments. This section Seta forth the public or the applicant may be permitted corn through regrading and use of the fill onslte; located outside of he mapped scenic overlay procedures relating to this requirement. ment. - 3. Reuse of existing construction materials m Q.e.,within tributary valleys to the Roaring Fork 3. Restoring. Following the close of Planning site; and Valley). Any application required pursuant to section 9. and Zoning Commission discussions regarding 4. Construct the new structure from-green" Score of 0- The application Is inconsistent with 150 shall be submitted on a form available at the initial scoring,a final scoring round will be held, - building materials and"green"technologies. the Scenic Overlay review standards(Section 3. Community Development Department along during which each Commission member shall 60.40)and land Use Policy 2-I20. with payment of a fee to defray he cost of pro- again identity the number of points,expressed 9.120034 Wildlife and Wildlife Habitat Score of I- The application is generally counts. Gassing the application. The completeness of as whole numbers, assigned to the project. Protection tent with the Scenic Overlay review standards my application submitted pursuant to section 9- Planning and Zoning Commission members shall (Section 3.60.40)and Land Use Policy 2-I20. 150 shall be determined by the Community be free to revise the number of points awarded The Planning and Zoning Commission shall con. Score Oft. The application Is consistent the Development Department within flflem (15) to a project between he preliminary and final Sider each application in terms of Its Impact on Scenic Overlay review standards (section 3. days of Its receipt If It is determined that the scoring rounds. wildlife and wildlife habitat and rate each devel- 60.40)and land Use Policy 2-120. application Is not complete, the Community 4. Calculation of Final Score. After the close of opment by assigning points according to the fol- D. Development Below Allowable Density(0.2 Development Department shall send a written the final scoring round,a project's final average lowing system(minimum threshold score six(6) points.) Consider the extent to which the devel- statement to the applicant outlining the dell- score shall be calculated by(I)totaling the com- points; maximum twelve(12)points): opment proposed Is less than the allowable den- ciencies. No action shall he taken on any appll- misatoneri Individual scores and (2)dividing Score of - Indicates noncompliance with the sity in terms of numbers of dwelling units(not canon until all deficiencies have been corrected that total by a number equal to the number of policies and standards of the Land Use Code and including caretaker dwelling units, employee or otherwise settled. An appeal Is available to commissioners who participated in the final adverse impacts to wildlife and/or wildlife habi- dwelling units or deed restricted affordable any aggrieved person pursuant to section 10- scoring round.Final average project scores shall tat due to an applicants inability and/or unwill- housing dwelling unhs)permitted In the appIte. 19060. be calculated for each of he applicable growth Ingress to locate the proposed development able zone district: management Scoring criteria of section 9-120 away from wildlife and/or wildlife habitat. Score of.D- The application proposes develop- 9-IW20 Procedure for teamster of and a cumulative score shall be calculated for Score of 1- Indicates compliance with the poli- ment at a density of 76%to 100%which mad- Certificate of Incentive/Exemption the criteria as a whole. The final average cumo- cies and standards of the Land Use Code and mixes development on the site under the zone lalive score shall constitute the project's final minimal impact to wildlife and/or wildlife habi- district. An application shall be required for any incen- score. tat due to an applicants avoidance of wildlife Sr^m of l- The application proposes develop- fives/exemptions from Growth Management. S. Ranking of Applications. Projects shall be and wildlife habitat and capability to mitigate ment at 56%to 75%of the density allowed under The application and process shall differ based ranked in order of their final average scores. most impacts, but lack of total avoidance and the zone district.The applicant shall provide a on the type of approval required for the mean- 6. Forward Ranking and Final Score to Board of lack of total mitigation. covenant or other gnaraam running with the Live/exemption to Issue. As a prerequisite to County Commissioners. The ranking of the Scor0.of2- Indicates no adverse impacts to land,for which Pitkin County shall be a bent, building permit Issuance, the applicant shall development applications and calculation of the wildlife and/or wildlife habitat due to the appli- entry, guaranteeing the representation of the obtain a Certificate of Incentive/Exemption from final Planning&Zoning Commission score shall canl's location of the proposed development density reduction. he Community Development Director which then be forwarded by resolution to the Board of away from wildlife and/or wildlife habitat and/or Score of 2- The application proposes develop- shall signify the granting of an Incentive/exemp County Commissioners. he complete mitigation of impacts and a devel- ment at 50%or less of the density allowed under tion which exempts a property owner from E. Board of County Commissioner Award of opment exceeding the polices and standards of the zone district.The applicant shall provide a Growth Management competition. Allotments and Potential Restoring. Upon he land Use Code covenant or other guarantee running with he receipt of the Planning and Zoning Commission A Preservation of Existing Wildlife and Wildlife lend,for which Pitkin County shall be a benefi- 9.IW21 Issuance of Certificate of resolution forwarding heir ranking and final Habitat.(0 to 2 points.)The extent to which the ciary, guaranteeing the representation of the Ince stive/Exe option a Building Perini[ scores,the Board of County Commissioners may ■�0,,1'/�I S proposed development preserves existing density reduction. to resolution,allocate development allotments LEGALS limitswildlife and wildlife peed y the Division but not E. Development Below Allowable Intensity(U2 mi,and rot who real law mly a building per- 1.[he eligible applicant d follows: ■ig1 limited o areas mapped e I the ation of opment Consider the extent to which the deer, apply and no additional y D sees approvals,may 1. Majority of the Board May Vote to BeacoBoard o. Wildlife on oWildlifepmen Resource Information on maps opment proposed Is less hen he allowable tleo- apply a the Community Development Director A majority of at least s quorum of he restore Board of (dent environmental hazard maps) : areas fSillyoot in arms of the total amount of square for a Certificate of application. Community m time County Commissioners may vote be rescore ed Identified by the County biologist re critical installs of floor area potentially available under of Devldingelopment permit application. The Community application. The same stroll be conducted ,..�''�,\}�.�11/ wildlife habitat fisheries; riparian areas; wet- them of T zone licMct Development Director shall determine the avail- following the same procedure of section 9-150- lands; DEADLINE and/or habitat. sage,spun and/or oak- rrnre of 0- The application dines not commit to abilitybased of the requested ecmn 9-1exemption 2. All servi<eberry habitat reduce the square footage of floor area of deeel- based on the standards of section 9-110. 2. Allotments Awardable Aker ADPaaI Right Has B. Avoidance of Existing Wildlife and Wildlife opment on site. Expired.No allotment shall be awarded until the Habitat.(0 to 2 points.) The extant to which he Score,of.I- The application agrees to limit 9.1541,22 Approval of Ia vandre/Ess mptlw appeal period set forth in section 9-I50-40 has proposed development completely avoids exist- square footage to 56% to 75% of the square a land Use Approval Stage expired. Ing wildlife and wildlife habitat Including, but footage of ilmr area potentially available under 3. Allotments Awarded Based on Ranking. In not Bruited to areas mapped by the Division of the zone district.The applicant shall provide a An applicant who requires land use approvals the event of multiple eligible applicants, the Wildlife on Wildlife Resource Information maps covenant or other gmmardee running with he prior to building permit issuance shall apply for Board shall award allotments in the ranking NOON (1041 environmental hazard maps) or eras land,for which Pitkin County shall be a bmek- any requested Incentive/exemptions from order established by the Planning & Zoning Identified by the County biologist as: critical ctary, guaranteeing the representation of the Growth Management simultaneously with the ill- Commission,provided that If the Board elects to winter range;migration corridors;calving areas; Intensity reduction. ing of my applications seeking development rescore any project that ranking may change. waterfowl habitat;fisheries;riparian areas;wet Scum of 2-The application proposes develop- approvals. The misty reviewing the land use 4. Multi-Year Allotments. The Board may grant lands:and/or sage,aspen and oak-serviceberry meat at 50%or has of the square installs of kmr application shall approve or rimy standards requested multi-year allotments pursuant to section 9126 TUESDAY habitat area Thpotentiallyapplicant nt hall under a c zone t or s c Lion exemption hoed on the standards of 023. denied ON C. Conine Management ed development 2 points The oche The anteeru shall provide a covenant or section xempt A Certificate mf 5. Dental of Development Allotments. exls too prochthng dogsewhrthebu corn other guarantee running with hear,gursvhich 21 shall be requireiond pursuant to section permit by any nng that cols areto and effectively mite to prohibiting d dogs whet" the balding Ing County shall be f benekclary guarantee Is shall be required prior to building permit by me scoring that falls a award the minimum envelope Is located clew within d bighorn heap Ing the representanon of the Intensity reduction. Isaumce. number of points per category and/or the total see from mule deer, elk and Dlglorn sheep Forms,required thresmay be points. Development allot- severe winter range,winter concentration areas, 0720038 Provision a AflmdaDg 11oaYn8 &15090 Procedure for Competition for mewls say also be denied II a project which met migration corridors and production area. Development ABolmenb he minimum scoring criteria a ls ranked below a, Commits to kenneling dogs where the balding The Planning and Zoning Commleaim shall coo- project consuming the lest available allotments envelope Is locatede-q within otrohaff fro mole Sider thea provision of affordable homing by in rein- AS l cant wh i to building permit my of he for Me year. but more then oneyuaher(1/4)mile,from mule titan to each development application by this applicant who Is no eligible0sh l b any ir the den,elk and bighorn sheep severe winter range, ing pone according to the system In this sec- exemptions in development 3110 shall a required to &15090 Appeal /�,, I,,, ,.I winter concentrator area,migration corridors ma (minimum two CZ)P score one(1) polo[; compete for development allotments through Copy must be eleaf ly typed. and production area. Where l (1/2)g envelope maximum score two lic points): the Submission process: My aggrieved person may ills an appeal regard Is (mated more than one-hat p se see from Score_vng t The application to homing. of commit to development me a ommuntscalm. Apsubmi onsteal by ing: 1) the grunt or dental of any no Fax transmissions accepted mug deer,elk and bighorn sheep severe winter providing the affordable lion do Nomber1, 000 force shall be or butte is Incentive/exemption from Growth Management; range, winter concentration areas, sea, migration providing- The affordable ho does commit to November L 2000 for competition for allotments 2)the scoring of any )the tion for develop- corridors awartwo and production area, automatically A, 100providing the affordable ploys for year is aft Applications for competition s for mend allotments;en and 3)the away or decal of for publication. award two(2)posts. A 10 in.) doom r Employment the Generation, be submitted Aker the year 2000 competition shall any development allotments. D. Enhancement of Existing Wildlife t or which the mi lades 1 Consider whether the development 1.submitted on for before: A Filing an Appeal.with challenges must be Habitat.(0 e 2 l points.) The orient to which he mitigates proposed of all employment generated by 1. September 1 for residential l d development. filled In writing wfM the Community proposed development wildlife to enhancing de propnsed development ekhn by providing 2. November IS for commerce)development. Development Department, c arty affected or the pleu re tangowildlife at wildlife habitat (for deed restricted oaffordabler purchasing housing on site,pay- 3. October 1 for tourist accommodation devel, aggrieved parties to the proceedings within fiF T ■auaw It, example,creating or restoring wetlands and/or Ing cash In lieu C unty to property for coo- B.opment. teen(IS)days p the complained anon. 11('(Q'����S riparian cies). or reintroduction of a threat- vayance m the County to be developed with m Amendment t Applications. Applications B. BaIs of Appeal. The review of h appeal awed apecia). affordable housing. may be amended to make the application cons shall be limited to determining whether here E. Restoration of Native Habitat.(0 to 2 points.) B. OnSke Provision of Affordable Housing for plate m to make technical corrections or clarh- has been an abuse of decrenon or a dental of I st insertion-.5060fiine; Consider the extent to which the proposed 50% of Employees Generated. (Ul point) cations. No substantive changes may be made procedural due process. development commits to restoring the naive Consider whether the development provides to a complete application prior to he comfort- C. Review of Appeal.Appeals shall be reviewed habitat to degraded sites. category deed restricted affordable housing on than and scoring of the application. Only one by the Board of County Commissioners within 2nd insertion-.3680pine; F. Reduction of Human Influence. 0 to 2 site for 50%of the employees generated by the application may be made per parcel each year. forty-five(45)days of the date of the receipt of points.) Consider the extent to which the pro- proposed development. C Planning &Zoning Commission Meeting the appeal. In reviewing an appeal,the Board of Proof of publication-$2 posed development commits to cheater develop- Procedure. The Planning&Zoning Commission County Commissioners shall consider the deve, menL reduce the see of the structures on the 9-120-M Banns Points shall meet to consider all applications for deve, opment applications based upon the record ile the zarty one of Influenced e on wildlopment to reduce ife and/or wildlife In the event of a Scoring Be between two or claimant allotments four developmentdaRabments shall the olllowing standards:hed In the proceeding and _ habitat. more applications Seeking residential develop be considered collectively based on the type of I. Grant/Denial of An Incentive/ExempRon. ment allotments or If the application Seeks development proposed (e.g., residential, cons The Board of County Commissioners shall affirm 9.120035 Comdahatey with Commanity multi-yew. ._ . - . . . .. ___ ..__._..._._n_... r_._ e_- u....e.._,.,_... h. a..a. Saftff "Sunday,May 1314,2000• The Aspen Times 13-C unit on a parcel,legally created before June 12, 2. Changes in Use Prohibited. A replacement All i to 9-1201M: RemMmW AUl Aceoontwg Seem of I• Seem of 1-indicates an of the I& 1978 which conforms to the minimum lot me of unit shall be utilized for the same type of use lowbtg: a)an weptable level and type of ser- the underlying zone district may be exempted (e.g.,residential,commercial or tourist accam- Residential development Is Subic"to annul All development Subject to Growth Management vice meeting the needs of the development and from Growth Management. The exemption from mdation). allatmmb of permitted development Three shall be annually tracked and counted as fol- standards of the Code; b)the provision of ser. Growth Management on nonconforming pre- 3. Only One Replacement Unit Allowed. Only allotments are based on the purpose sal forth in Iowa: Area will netf fundamentally change the clause- 1978 parcels may also be allowed and the size of one replacement exemption per parcel as It wee section 9.100-010 and are Intended to ensure A. Awarded Allotment;Deducted From Annual ter of the area In which the proposed develop- the structure shall be determined through 1041 configured on June 12,1978 is permitted. It the that the ram of growth in the Rural Arm occurs Residential Allotment CdihW. All awarded meet Is located;and c)time provision of the mr- envin mental bazard review considering all parcel is reconfigured and results in the creation In a controlled,hem ormoos mamter that don development allotments shag be Deducted from vita will net mutt in a detriment to the euvi- development constraints of the property. This of mom than one parcel,the original"fathering not Change the fundamental character of the the annual maidelmd caging. man tal condition of the property or adjacent exemption Is subject to the following: parcel"which was legally configured as of June Rural Acts. B. Incentives/Ememptloro From Growth properties. 1. Dwelling Units Limited in Size. On conform- 12, 1978,shall retain one Growth Management Mmagment Deducted From Annual Residential Scma oft- odlates a level ant type of service Ing parcels, the single-family dwelling unit exemption subject to the limitations N this sec. 9-120011 General Standards OW Criteria for Allotment Ceiling. AD Incentives and exemp- meeting the needs of the development based on exempted from Growth Management shall be tion.The exemption shall be granted to the par- .Allotments Rome,from Growth Managemed shall be deduct- the requirements o/the Code mod helping to se- limited to a 3,000 square foot exemption. On cel which seeks the exemption first in time;or ed lows s the annual residential abodmeot ceiling, Isfy an existing need of the surrounding area. nonconforming parcels,the size of the allowed may be designated upon subdivision or division The o9owing minimum standards and criteria except the lxemptioa for essential community Also indicates that the provision of services will singletmdly dwelling unit shall be determined of the original fathering parcel. Reconfiguration shag apply to the award of any a9Omenb in the facilities(section 9-110053)and the exemption not mdamentsgy change the character of the through 1041 environmental hazard review con- of the parcel through lot line adjustment shall residential Rural Arlo: for crEdion'd open spate parcels and creation area In which the development Is located or altering all development constraints of the not effect the availability of the replacement unit A. Compliance With Code Rxxpdmm aa. As a of parcels for conveyance to public entities for de rimentdly affect environmental cmdl- property, but in no case shall the size d the exemption. prerequisite to the award d any residential public purposes (section 9.110-054). -ten of the property r0acent properties. structure exceed the exemption for conforming 4. Additions Disallowed for Five Years After development auotme st.the proposed develop- Development permitted through.Incentives or A. Water Service(0-2 points): sized parcels. If a nonconforming panel is not Certificate of Occupancy Additions to dwelling met must comply with all requiramerrb of the exmptlaw from Growth Management that 1. Capacity,quality and reliability of the water constrained by my 1041 hazards,then the par- units created through this exemption shall be Code. No allotments shall be granted where the exceed the..total number of mmod allotments, system proposed to Serve a development; cel shall be entitled to the full 3,000 square foot prohibited for five(5)years seer the issuance of development proposed violate the Cade. An shag be dducted hem the diamonds available 2. The dawwmmkon of:adjudicated water ' exemption. . the certificate of occupancy for the dwelling allotment Is a pre-regnbim to confinement-In for future development A minimum number of rights to serve the development;and. 2. 'One Single-Family Dwelling Unit Exempted. unit, except for additions utilizing TDRs to the lad ore review process;It an allocation is a8otmms-available through competition Shall 3. The capability to attain any necessary weer M improved pre-1978 parcel may be allowed obtain an exemption from Growth Management denied,any pending tad uee applications Nall be retained each year as sal forth in section 9. though m.augwmtatim plan, one cinglabmiiy dwelling mil exempt from pursuant to Section_and Article_. be denied in well. 12D.W and the mrentiva/exmdtmS shall be B. Serwer(02 points):The type and capability Growth Management, notwithstanding the 5. 1041 Required. Replacement units shall be B. Consideration of ComprehwhaPWb. The deducted$r as many yam into the form as of the sewage disposal system proposed to meet Improvement of the parcel with any other ant- required to obtain 1041 environmental hazard award of may development allotmmtshall coo- needed to:preserve that minimum number of the needs of It development and to dispose of twee other than free market dwelling un ts. If review and approval if any portion of the build- rider the applicable comprehensive place. . compatriot,allotments. wastes without Nrpact on water quality and in a there Is an existing free market replaced su ink Ing footprint is relocated. a Arend ding for[the nu Thane f Gros an C. Dedpleon d MMLLloye Allotments. C. Sreliable manner to the parcel,the unit may be replaced subject - amtmi tilling for the numbs of Growth Development allows muesident allMmenb C. SWrmOree to which points): 3. Additions with xction for Five Yea . Community Fxemplm tar. EoeoWl ManagvidedI section 9420=. peryevI shall deducted Dean the uredev residential allotment t The degree towhkh an applicantand to 3. iMdkiof Dlupanwd for flue Years Aker Cammmity FSxdlitla D. Inmaeocated inimu � A iWntm availablenumb for furore dent avail le - tomalntdnhWleenwOff pgform andtomtent Certificate d Occupancy. Additions to dwelling D. ants t ad a Nktmm4 P.tlo m Annually.vep- mintmmc.:number sh alWments available the surface water making hen development nib ctedfo through this exemption shall of The de may be t of essential community Growth meet eW[ most De rid dotted fe arry develop- through competition Mall benaretained each year 2. If a prohibited for ate of occup years n y f r theissuanced kin may be ct to cal from Growth meth and me on December w d irefuture calendaram- Sm r laze shall be deduct d f the many 2. ffagevystem, onsidrnumd the Comty's the mKceptt f r occupancy for the dwelling Management Subject to compliance with this year,aey arc not tarried forward Into Hnlueeam- year dloimhe future shall be dductd for ere marry of an a licant eon stall n the commitment unit, except for dfromns utilizing TDrn t. section. - E. An ual - yen=numbroof in competition allotments. that clan control o install obtain an rnmenHonirom Growth Masug ands E. Mess Report Calculating Number d .minimum-comber of canpdNlon allonnenta. a long t facilitiesbee and to maintain fie drainage system on 4. dowrnmmmi lands Unqualified, lands G General.To be eligiblefwicexmpflon from January I Available for Completion. ity along corm buts, owned or controlled o any re June enmi - Growth a development: an applicant most deaf- January 1 d each year-the llrc Community Cookpe 0 Remoeetlgl Growth Atsee(ersune D. Floe Protection asp points): ` entity or division on or before June 12,1978 do strafe the es aba eeoC calculating alcul tinertt Department o ahe8'1nts a report Compdkwn 1.District to provide vi fife fire protection Protection not qualifyPatha for this exemption, 1. w public a tank or hmtlemen[al public am- c r comps the number d adjustments re ort shoe D tabus to provide.fire andaleon gout a to S. Fathering Pared"Retains Exemption Even It vice ll public amenity; for competition tilt year Tim':repent and All residential an ceyempmmt which xam rid established mapaue adding es without emb 'fathMng pa Akan June asleg 8.legally c alured f WWbeavWabinfo the general public or herd allot M ofAway the hmcmh' omen MOMi and from Growth incentive t orewm m per- 'fathering paretl"which was 9 hough d Ibhog a new atom,adding equipment spar- ins one Growth for the Server primarily the allotments awarded thinnmi campledon o tlun foe Growth evebp t shah be required to '.2. The arbitrary makhmitrary of water r premium and M of June x 1978, retains one Crow[h 3. Serve pimdly In reap community;grow and prior year. .compete tars and scoring met ecritmenb dearth on t Toe adequg b e4 water flows, and caPacF MaosgemeM exmpnot subtend in the lnnko- 4.Is Provielf(growth a response to growth ad F. . By Ja Report (wAhCalculating�Amfual Growth toe ataderda and. shO criteria set forth e 3. The Providing commitment of an applicant [Ions i rub seetlon,notwithstanding after une IZ 197 . The B. itself a growth ice De or. Ram. p tDey i elm*dUM O t qWt an this section. Scaring ahWJ$I permrmed by the 3. The udwfacilities r an applated by a d vane exempton d the pared after June 12.19T8. The s ll demean d 9er he Demands.M demands Developneats me of atrt growth, 16 growth on to s A:Zoningc COMcounty C mbn with an appeal sset .flan e*. Inchffing, t not lblad by a W. smmptlon xeml be granted to the parcel which foal dmoretrate the mitigation d demantls the pest beam rate a growth:'numbtwth ram fo the *a pr oc Cauk, commlmkmers m and opmm, waterlog, but tent tl rids a d fire seats me exemption tint In time,or designated for. shag rt bate 19 the beeline number d rums forth M t9e procedures,d section a150. - budmib,water swain teNm,panda and disdri- m the subdivision or division of the original 1. Trans Additional leartlebts houes and ; an and m the mu n Grown l da/emmoPoky 4. TV caps fathering Parcel. 2. Basosfortater,such in anti Parking scene Plan and through must m its told en developopffmi wid comwods Cemrd 9mwdmiamulCrlee4a for 4. The aserviceb the d up n District a provide B. Growth Management it On A For n a 3.treatment, Beck servi,fire a smith ce were apply,sewage allowed omugli terminate; supreme roaft of A. Mh* nee bmbold adequate service an based upon site designs a Subdivi ion provedDwellin ' The On A Lot Ina waste disposal. fire and pales protection grid ado onmpgtllWt AAdfllmdbs agmade readf':d T MWmmThenoddrl'oml art, dace System, development anti edtahliky d the propound Subdivision Approved BY The Nosed Prior To Cate disposal. gmeets dra beweha re of V!.repat CfddseaF To gsuL�tr en t rotmm total,a m of tproposed wamr ckpab Thelo,stru C. Mitigation d Envitoate the Impacts. nt oabtatne animal ram d m.popdmaf - t most salve a[oral score d thir- 5. lhecapamfyoi adewopom o be a seLL The construction of one single-famllY dweWog applicant eNg demonstrate the development (pmma®r,tarld and atppb3 if Ly-Bve poYtmasINlo ppmumt to sections sulliclant Poe protection system In the dent unit on a la In a subdivision approved by the has negMglble adverse Impacts m: - winmk)midtliepnmptraW :9d Q12086 and mad a named response tlmu from theflan dbMcl arc tan sow ...'f om Grow n to Jdb�0.nt Sc Ding an marmport- 2.Weere Y: Cemt�gRead of County- 1tK iffaA Ad to thin secio i.H the E. S6001 d SUM(0-2 Iran Growlo Masugement storing ad comPdl- 3..Sonde laud and energy rmourca:mtl deed by w Board r "Ito muster [w overall *d threshold m the section.ff the E. h the s 3yamm COS pomp);The exam m [toes, w sings: 3: Sank quality dermmbun ewunUfer mMloro to Renal Anna overate*0 am tlsushoM id ant received S R which rube school systemsc is s, for impacted by Se dives. 1. Dwelling Units Wilted pt Size. 'hue soglo- Cra9M:{Ilmgemeatam eiasem - any of its mWann veIndividual tNandds of demon fo Increased cab tr low+swans. 'Ry ink"S heAd4rt/toa 3,000squam spot 9.1194M4 EoaSpllm for Creation d Open m W.mtt6MSm am not met;me.applico- demand Ian gdritbiW clweoans or tlrtoand eamptlon on l4ta khcontom to the mm4 8frett Perttta Yet Csatloe d ParteL tr Ng41p! Amogl RosYSMgsO,-MMrap4 HmNeR#cestad. for Sher atitodtatllkles. mumlot enpr the mderlyo8rooe diarct cI Cmwyance o Public Entitles for Public CaRm�f :, 9. ks d Storms and Minimum F. RoadBysOM(o.2poob2 sidering the mbdlvlalon as awhile. A Growth p-p- - Thi-h"by Cstegmy L Capability of the public rood network to pro- Management egteetptlon may he available to Annual residential Wkeo t outing am Smith- 1. Availability and Appmprbtmtess of Pudic vide or the needs of a proposed development nonconforming subdivision Ids,and the size of The creation of open space parcels and parcels Refund for the two desaMagrWdentlatdowop and Private Fffigma and Services, minimum within acceptable levels of safety and design.a the exempted smple4mily unit shall be deter- crested for conveyance to Public ernthots or trim which may be allowed through Growth threshold son-M Pons(rder to section 9.12o de&W by the Pirtle Canty(toad Mmagemmt armed through 1041 environmental hazard .public purposes may be exempted from Growth Mmtrgment: (a)the mwdmUal dewopmeM 032); - - 4;Mgtatae PIM review tonsoering,Rbe tlewlopmanleatstrdms MmasemmtevatiftheaegUmdtheemwpm- hraMh4ted�tMmrlfw amopfttkobgGrowth 2, Fit at on the E4woonmmd and Rnomce 2. Appgcmglemm Mucasto0omkename- d nbe props ty Mal o m cage shell tl e she'd cal results In Pared which b po cadmmhq Maha#msm taaopatltlro;anal Cis).elan sadden cagsarMNon, miolmam threshold Rve (5) sexy rod System Improvements attributable to y sbEtl loitest s. ed'the m¢rmPtion for cmformine this � to emdimce wkh sbdards;in tbl devdopmnn that b required o saol ete points(pelm to section 9.12D033); a proposed tha etopmau; and 2. Addkloos Djaagawd lam Five rears Aker Otlns&�'tlm Ne aDotmm* & Wil�fead WildMe Highest Protection,mist- 3. Aitgky to perform any summary reed entry be granted anskh seed the annual Odd- mouth shmWwld an points(refer to section 9. knpoommta without ranging mafranchises, emit, except for.additions ompti to dwelling A. General.applicant To be shallots for a GMQS serene The an u available tr rumeentld development. 4., U){ - ba bondchange In the &a deem Hun area ro sulgh- CertificatedOccupancy. Add uMts created five ears esemPtion shall be Hon m applicant must dmaeorp that the giro- The annual calling are a follows: 4... .C hresholid with Vdam(ot Gods,cool- hmhood m y4keb_the development ta proposed. the a dAM Rye( yeas der the a dwelling of atlm d tits open span cancel es fee public crested mMn tlaahnM:.Iht(S)palms(mgp m section r�+ the,e except d traitions for the ORs to for conveyance to public entitles for public pur- :.7gRAl.I44R�OF 246NM E- ' S. Provision and . Rs*vWn9 Pwww lips tie Eaveeemml and R utilizing gm t. pan: - ALL DTMIINT3INCENTIVES S AND VR threshold Pro one of point Housing, .9-11m -RtemmnssCenestmllka obtain an exeunptba from GtcGwR4.MtesgmeN. 1. Provides emned to a p public service; (COUNTS AIL RANnDAS AND{DlMiPHONS 036). aw(l)post Cedes o section 9-Ito ` 2.r poeWill be conveyed toe parcel entity for pudic GRMYIFti A educe. . -036). SA each a and 2pdng vAroow en shall acts P mbode Smaller Add tr Residential pmposn,or,where the parcel Is not conveyed btcmHwrndmm Award Ceiling From TOW C. Awned d Bonos Poore o&ink Tlee. elder outcome, '.. Rmdeb,SmeRaAddklomand Replmemml to a public entltyprovida for a led maMCUon Allotments With an Annual applkatlon's rttvimnmenld Impacts llulb d o Spam prohibiting all structures and M4Mmuen d 2 Units Avail"2 Through Where the sc each ruoiva cent by a si t rig poi a eel rum pen m l rtg owggdpoi a mom ePP9cemoos reek the opment by a m(wAn n=threshold afford- oses Incompatlbk with the open space designs- Compellmbn resuts n a tie,bone points seallbe drtaed by oilve the ogopoin systm(pWmum ht() M exemption to additions to far residential reed- 3. and the Planning&Zoning Commission to break the aom fire(a7 points;mazimum score elptm[(8) eta,small tunics a Coexisting droctura and 3. Wig not mutt Service Detelds.development. motor MWFYeSm ResldaeROT DeveoP Ale.Toqudty ortlredvare dvvelop tread Spine): A. General units r follows: s l demonstrate r Service Demands.M demand[ meet ARomenls suet the 9active f a development moat SFmg du Indicates an a .adverse environmental R General Standards and el,small M iticemP shall demonstrate the mitigation of demands exceed24)pHun toe store d d Iasi twin Ron or a residential rmodeL small addition or� for: MnB1-yyr meMmtlel development dRomi®ma (2q fY"� impacts Gm t°m applicants mw1111ngitas or profs ava9Nm interval atheons 4120- 9subgity o mnigaot inspects a inadequate ati- mplacemend unit shall comply with the follow- L Trans Additional affordable rvi es and p maybe awarded subject: compliance Man tam threshold through r at la 36 and eased the mamm Scopnmmmrres proposed compliance nc applicant; Ing standards: 2. Where the Transportation services mtl Parkins;and standards in this section: thregaold for sr met tended t the specific. ,q�.d-1- Indicates Code n d with the mon.Legally Created Structure. re applicant 3. Where the open space Is in active use,pollee The(orbs ngchart previously IdmtlRed In this section. dards com en the land Use Code eel minimal eml- shall remodemonstrate that the structuretis where the and mitigation of icalEnv seMent are pacts. A. Stand-Year os andsid Criteria tr,the is or a following ma chum depicts the threshold,aril- try tomulmgnalo due to ot,but lack c f total addition or replacement b proposal C. Mitigation shall d Environmental Impacts. nt Development Residential Allotments for rum anal maximum acmes by category, try miUgte most Impacts,tad lack d toial was legally crated f rproducing a structure. copy a applicant shall demonstrate the development Devdapment Permitted Through Competition. stay emir aaso.2' asrsenam the betiding permit for the dmeture. In the has it qu negligible adverseImpacts on: - - Pawnpxx,rwme) - easamv Pa11aM nett a pro idebuildingre morel[for a structure cent 1. M quality Development prom,tha through-competition - oson owmaee not be provided, remodeling st replacement 2. Weer,land and energy resmrcn;and &Uot requires more may the mssnserdannosl Momentum! may occur if A applicant demonstrates that the 3. Scenic quality ellotmmb avaRebk maybe allowed o proceed pep ^ae'^w mzmwl to structure wan built prior to the issuance of mhratghtheewodaimukLyearamkkntwal - Paeiwarwwee ' arNr N2 paeml County building permits. 9.120: RURAL AREA RESIDENTIAL mina;and shag be ded tad&an the aunt- Fw Meerre ' mom ensnare loot Mom) 2. Non-Conforming Structures.Non-conforming GROWTH MANAGEMENT: ALLOTMENTS AND mends available or brain deadppmmn,subject • FaSP Sachs 40,2pam) stmctum•shall comply with the standards for COMPETITION to the following Standards and crlterla. ' 8dwy sw as tat wain) -nonconfoming uses, If applicable, Including L The gwWy of the Proposed devekq o an my necessary approvals for the expansion of a Subsections: shag substantially eased the odrAmitm thmh- ' aI Poaabn N2Pnm) non-conforming use structure and 1041 environ- aid for scoring established in section 9-1200;t0. - gmewisOemwaivmm w.rwwww.0s pse'rl n mental hazard revotw. 9,121010 PURPOSE 2. Ca UWW phasing Shall be infeasible u lveprbnpa B. Exemption for Remodeling. 9.1204120 GROWTH MANAGEMENT RFSI- because of a site design that Is supererto maim pap) Remodeling of residential structures may be DEN77A.ALLOTMENTS design which would allow construction phasing. ' EngpwYer Conmetlw.Wsey weir swye("Palm) amounted here Growth Management as follows: 9-120021 Ground Standards and Criteria for RThison requires tadisnot innNed oademaudra- cwwenronT. O� - 1. The originalfonreloctetprint of the structure shill AYamenb Sion that: Nmyyrws pyre pasanM not be expanded or relocated. 9.120022 Annual Residential Allotment S. Economies of stele will ensue oust cam- 2. The use d the structure shall not be Cel120-0 a. Thenropose ngdSam; Yet •e ales • w.sawsenawudxaB.Rrp.s. e n change. Sveopm Muld-Year Residential in The Proposedadlybmmta ado Wild. Neexwwaweeaa peeml I3.n The door area d the structure shall not be Development Aldnnepb IngInwhich canna eerily be condwded aspar- arw..aameswrebtp,t C. Exemption 9.129-026 Residential Allotment HMANAccoun GE aid hepu nand • cailne enrpeaap}rpoW) C. E to to Smaller Additions. Smaller MENT C0 Rf9gFNML GROWTH MANAGE- c. The public Pent such h asofmb for the pro- additions sawawm,edwamawssey to Growth residential Management structures maybe g1FNT CO1 General posed development such all be i airport fade 1. The from Growth Manislimitd follows: ACritera Gmerd Competitive meatS�d g Itin,weanf and thesewer project allbewmiicd at No munlmpspewn) 1. The addition exemption is limited to l,qp and Criteria tr Residential Development Initiation d the PrWeen making phasing !co- • "I'Ast imrelaippz square feet of Boor area per panel or lot. 9.120*32 Avails war) p Availability and sand Srladem, 3. The Impacts unrealistic. seed wmm xaa.nupa 2. The use of the structure shall not be changed d Public and Effect a facilities and Serviep 3. The Impacts of a summctlon d rile Proposed 3.a he m of the addition. 0ource Filed to We Epviromml and deveshall be reduced the the at one(1) W wanaamtodpwa s w 3. The use of the addition exemption feet elated Resource Conservator lov Nall at maimed by the it ov rave(a urme(m ApySuaiww p,.sa•ele,pz. toicumulative total of r1fro square fedter te o1200g4 Wildlife and Wildlife Habitat time rattier pephadng ituch hapec2)our mom part Period of five Certificate years Iron the date of the 9,1204au adjudged dto periods ad mthl�mrpe��cb ahetlbe • DawnygdtIo¢p•alb) Issuance of the Certificate of Occupancy for any P720035 Consistency with Commity 4. The County efoleree cpbeotabt ' - *20eb) arse suaweyoepb 4. T additions. Goats accelerated The Ced rate"be capable Impacts ran ing services tea pre) 4. The addition is subject to 1091 environmen- &12o09s Provision d Affordable HoeWy( accelerated role a which Impacts on wvicep I d W,(M a.ex amwey dal hazard review. 9-120037 Bopm Points and public fmlikim will be l•xpmknced.It ,Nradeetenemrlry talpmmatoanaMev set•wd D. Exemption for Replacement Units. be considered adRclmteWdm of service and seewmonmawaaem.Wd. The replacement of a legally established singlo- 9.120,010 Purpose -public facility Staged"-If it em be dmon- taros Aet ap.(I family residential structure may be exempted strafed that sufficient capacity Is available in the parWnaeesa rerwntaWq 3rfrom Growth Management,subject to the follow- The purpose of this section is to establish a following public faNkta to acemmodMe the andeWmxasswasnee 0 Ing: method of managing growth in the Rural Arco Caattya planned ram of growth and the Seed- Overawe ft passo ;. 1. Replacement Limited to Size of Original whereby all residential development Is con- armed rate due to the Proposed development: arrive Penn I• t.divwawmnewwasewnmw s . Structure. The replacement structure shall be trolled through a competition system or the a. Transportation including, airport,roads, ovCPpg men) limited to the Door me of the original structure, incentive/exemptions contained in Settle. 9. transit and pawing; except: 110. Residential development which Is not b. Utilities mddinif,water,sewn,electric,gas a At minimum,the applicant may be permitted IncenHvized through or exempted from Growth and drainage; MwTraemofaemoo.aoa�uteaas, to replace the original stmcture with a Single- Management Is required to compete for annual c. Affordable haeog; family dwelling unit the same size as allowed In development allotments. A competitive system d. Park and recamtonfadHtim; section 9.110042(small house exmption);and wherein proposed.development is considered a. .Sold watt Wilda; b. If the replacement structure is proposed in a based on certain standards and criteria of devee- I. Polite admire protection facilities;and .'i -777 Board approved subdivision or on a parcel legd- _ opment Isnure established to e that residentialg• Hospitals and Schools. I, ly created and configured prior to June 12,1978, development to consistent with the purpose set & ffd(ordable housing mitigation is required or Trw Raw4N andl WCaww•. "laarieweacaappgc•mraoopmtmmpuMryumrandwyysa and the parcel is conforming,the applicant may -forth in section 9-100010. Development is H deed restricted housing of soy kid is part of and ansSn davalopmws by meiPat prabaa hgft"Mbatr4elen(mrmuemwawm mosoxp) be permitted to replace the orignal structure scored through this competitive process by the the development proposal,these units tent be pa,W:mmatxan esws ten(ie) y. with a single-family dwelling unit the same size Planning&Zoning Commission and allotments constructed in the Rant deae of development- !mends Jgluwe awwr:drdimptctlullgapeelda,p.wvmee duemeveWWy,query, as allowed In section 9-IIM51(B) (Iarg"Imed are awarded based to the highest sewing appal 6. The Applicant shall conclusively demon- dbwrca w.pma snabrmaawimmntkdadnratlmMesuww tansieswwmmmertm; house exemption for Board approved subdivl- cart(s). Appeals may be taken to the Board in strafe the gantos alloimmbfrom future years arb)"MadwxMapetawpdvwebeMs mww Cbn ertwceaysvwymwsm roe alone or pre4978 parcels),notwithstanding the connection with any scoring. will be consistent with Policies of Article 2 of the miCerrsetalrnmmtw aaran,ap nrmNarasw was wmwamr,damsnr eisC.e,ms Saturday-Sunday,May 13-14,2000• The Aspen Times 15•C 1 � EXHIBIT B ASPEN AREA C©rNhiS}rJ€rt PLAN �a""lil lwi*mob"** Y owundt �f f rwa+�r�rosanwr� R� " 714"No s xi kr 3," dm W'" � p t�� szsl.•�ag� ,,:� ,a v� `�`e A in d PC4ysMMXlawiPMai� '�. xx ��'^�.: %qq,flow BtLee+'Srptulh QolFllfkaY R Ps -�+,, f � Published in The Aspen Times Weekend Edition May 13,2000.(5511gE5118) 1 1