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Planning commission recommends clarity that TDR rules not apply to Conditional Use Permits
Summary
On May 5, 2025, the Countywide Planning Commission voted 9-0 to recommend approval of PLN25-005, which would amend Chapter 3 to clarify that the Transferable Development Rights (TDR) Program regulations do not apply to Conditional Use Permits; final code language must be approved by the County Attorney.
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The Countywide Planning Commission on May 5, 2025, voted 9-0 to recommend that the Board of County Commissioners approve PLN25-005, an amendment to Chapter 3 of the land-use code clarifying that the Transferable Development Rights (TDR) Program regulations do not apply to Conditional Use Permits.
Gillian McGinnis moved that the commission recommend Board approval of PLN25-005, citing findings in the staff report that the amendment clarifies when the TDR Program is utilized and aligns with the county master plans. Cassie Clark Ward-Hunt seconded the motion; commissioners approved it unanimously. As with the previous item, the commission attached one condition: the final code language must be subject to final review and approval by the Office of the County Attorney.
The staff report repeated the legal basis for the county’s land-use authority, referencing Colorado statutes including C.R.S. § 30-28-101 et seq., the Local Government Land Use Control Enabling Act at C.R.S. § 29-20-101 et seq., and authority to regulate Areas and Activities of State Interest under C.R.S. § 24-65.1-101. The motion and findings were recorded in the meeting minutes; no public comments or amendments were recorded on the motion.
Next steps: the commission’s recommendation and the staff report will be forwarded to the Board of County Commissioners for formal consideration, contingent on County Attorney approval of final code language.
