Embedded Files
The parks/recreation/open space development exactions are applicable to new residential subdivisions.
Pitkin County established a Parks/ Recreation/Open Space program to insure an ample supply of parks/recreation/open space to satisfy the needs of residents and visitors. The program is intended to ensure:
- (a) An adequate supply of parks and recreation facilities to satisfy the demand for such facilities resulting from new residential development;
- (b) An adequate supply of open space to preserve and enhance the rural character of the County as a critical asset contributing to a high quality of life for residents and visitors;
- (c) Preservation of open space in certain areas to protect wildlife habitat, ranching, public lands and scenic road corridors;
- (d) Parks and recreation facilities and open space are dedicated on a schedule to coincide with the demand for such facilities and land generated by new residential development;
- (e) Land dedicated for parks/recreation/open space will remain committed to such uses and not be used for other purposes.
(a) General
- Pitkin County parks/ recreation/open space development exaction standards are based upon consideration of the Pitkin County Comprehensive Plan and adopted open space and trails plans.
(b) Standards
- Prior to the recordation of final plat, a developer subdividing residential land shall dedicate to Pitkin County, platted land in a location selected by the Board in the ratio of ten and one half (10 1/2) acres for every one thousand (1,000) residents of a proposed subdivision (that is, the number of residents multiplied by one hundred and five ten thousandths [0.0105] of an acre per resident). The number of residents attributable to a subdivision is calculated according to the schedule in Table 8-4 (applicable to single family, duplexes and multi-family structures). Mixed Use Developments -- In the case of mixed residential, commercial, industrial or other uses, the required dedication is determined based upon the minimum lot area required by this Land Use Code for dwelling units.
An applicant seeking approval for a residential development application may submit an independent calculation. If approved, the independent calculation will be utilized to calculate the required dedication.
At the election of the Board of County Commissioners, an applicant may satisfy his or her land dedication requirement by making a cash payment to the County for an amount equal to the current market value of the land required for dedication by Sec. 8-40-30.
(a) Calculating Cash-in-Lieu Payment
- The amount of the cash-in-lieu land dedication payment is calculated by multiplying the square footage of the area of land to be dedicated by the current market value per square foot of the land to be subdivided.
(b) Calculating Land Value
- Land value shall be market value at the time of the cash-in-lieu payment including site improvements such as streets, and utilities, but excluding residential dwelling units. Market value may be substantiated by a documented purchase price (if an arm's length transaction no more than two years old) or other mutually agreed upon recognized means, provided, however, assessed valuation shall not be relied upon as the basis of current market value. In the event, a developer and the County fail to agree on market value, such value shall be established by a qualified real estate appraiser acceptable to both parties. The developer shall pay for the appraisal.
(c) Timing of Cash-In-Lieu Payment
- Payment shall be made to Pitkin County prior to, and on a proportional basis to, the issuance of any building permits for the residential dwelling units.
(d) Criteria to Select Method to Satisfy the Dedication Standards
- The Board of County Commissioners upon recommendation of the Planning and Zoning Commission shall approve or deny a request from an applicant to pay cash-in-lieu of land dedication. The Board shall consider the following criteria in evaluating a request for cash in lieu payment:
- Whether the development itself requires on-site parks/recreation/open space land on site; and
- Whether the County has identified the applicant's proposed development site as being appropriate for parks/recreation/open space land.
Report abuse