2-20 General Land Use Procedures

(a) Requirement

• No person may engage in any development within the unincorporated area of Pitkin County until obtaining a development permit, unless the proposed development qualifies for an exemption. All development shall be in compliance with the effective development permit duly issued in compliance with this Land Use Code.

(b) Issuance

• Applications that receive approvals or conditional approvals from the last decision-making body involved in the application qualify for a development permit. A resolution of approval or ordinance signed by the chairperson of the decision-making body and recorded with the County Clerk and Recorder shall constitute the development permit. In the case of Hearing Officer or administrative approval, the Hearing Officer or Community Development Director shall prepare and sign a development permit. All development permits, including but not limited to all approved Site Plans and Activity Envelopes, shall be recorded with the County Clerk and Recorder before a Building Permit may be issued.

(c) Administrative Modification

• In the course of granting any development permit associated with a Site Plan Review completed after July 5, 2006, the Community Development Department shall be authorized to modify (increase or decrease) any numeric dimensional standards in Table 5-1 by ten (10) percent or less, except those related to residential density/floor area, non-residential floor area and maximum house size, with the agreement of the applicant.

1. Standards
   • An administrative modification is a discretionary action that shall only be approved if the following standards are met:
     • (a) General
       • The requested modification is consistent with the character of development in the surrounding area, and will not result in incompatible development;
     • (b) Mitigates Adverse Impacts
       • Any adverse impacts resulting from the modification will be mitigated to the maximum extent practicable; and
     • (c) Technical Nature/Compensates for Unusual Aspect of Site
       • The modification is of a technical nature and is required to compensate for some unusual aspect of the site or the proposed development that is not shared by neighboring landowners in general.
2. Conditions of Approval
   • The Community Development Director may, in approving an administrative modification, impose such restrictions and conditions on such approval and use or development of the property that he or she determines are required to ensure compliance with the general goals, objectives, and policies of this Land Use Code to prevent or minimize adverse effects from the proposed modification.

(d) Effect of Pending Litigation or Appeal

1. When an appeal that is commenced pursuant to section 2-20-180, or when litigation or any other action or proceeding that is filed in a court or other tribunal of competent jurisdiction, may result in the alteration, amendment or voiding of a previous determination or action pursuant to this land use code affecting developability, zoning, development regulations, construction, improvement, or other aspects of development affecting a parcel of land in Pitkin County, the filing of said appeal, litigation, or other action or proceeding shall operate as a stay, applicable to all entities of—
   • (a) The acceptance, processing or issuance of: any and all building applications or permits; development applications or permits; development approvals; or any other county action, which would permit or otherwise authorize construction, site work grading, land improvements, or creation of a vested right pursuant to this land use code.
2. Except as provided in subsections (d)(3)-(5) of this section.
   • (a) The stay provided for under subsection (d) (1) of this section continues until the issuance of a final, non-appealable judgment or order in any such appeal, litigation, action, or other proceeding.
3. On request of a party in interest and after notice and a hearing, the board shall grant relief from the stay provided under subsection (d) (1) of this section, such as by terminating, annulling, modifying, or conditioning such stay--
   • (a) For cause, including the lack of adequate protection of an interest in property of such party in interest, or a finding that the appeal, litigation, action, or other proceeding will not alter, amend or void a previous determination or action pursuant to this land use code as specified in subsection (d) (1).
   • (b) If the Board finds that the filing of the appeal, litigation, action, or proceeding that gave rise to the stay is part of a scheme to delay, hinder, or defraud an applicant or other party and that based on the evidence presented to the Board the appeal, litigation, action, or proceeding is frivolous or groundless.
4. The stay under subsection D. 1. shall terminate on the date that is sixty (60) days after a request is made by a party in interest under subsection (d)(3), unless such sixty (60) day period is extended by the board after notice, and a hearing for such specific period of time as the board finds is required for good cause, as described in findings made by the board.
5. Upon request of a party in interest, the community development director, with or without a hearing, shall grant such relief from the stay provided under subsection (d)(1) of this section as is necessary to prevent irreparable damage to the interest of a person or entity in property, if such interest will suffer such damage before there is an opportunity for notice and a hearing under subsection (d)(3) or (d)(4) of this section.
6. In any hearing under subsection (d)(3) or (d)(4) of this section concerning relief from the stay provided for under subsection (d)(1) of this section, the burden of proof shall be on the party or parties opposing termination or modification of the stay. “party” for the purposes of this subsection may include county staff.
7. The community development director shall make the initial decision regarding whether the filing of appeals, litigation or other actions or proceedings shall operate as a stay pursuant to subsection (d)(1) of this section. The community development director’s decision may be appealed to the board as provided for in subsections (d)(3)-(5) of this section. a decision by the board pursuant to subsections (d)(3)-(5) of this section shall be subject to judicial review pursuant to rule 106(a)(4) C.R.C.P.

(a) Requirement

• No person shall erect, construct, reconstruct, excavate for a foundation, alter or change the use of any building or other structure or improvements of land without obtaining a building permit from the Community Development Department unless proposed development qualifies for an exemption.

(a) Applicability

• Prior to the formal submission of certain types of applications, the applicant shall be required to schedule and attend a pre-application meeting with the Community Development Department. The types of applications subject to pre-application meeting requirements are indicated in Table 2-1. The Community Development Director may waive the requirement of a pre-application meeting, or may substitute a requirement for a pre-application communication other than a meeting, if the Director determines that based on past experience, the applicant is knowledgeable about the requirements, procedures, and criteria applicable to the type of application being submitted.

(a) General

• The Board of County Commissioners shall from time to time establish by ordinance fees for the review and approval of development applications, and for the referral of applications to other agencies or entities for review. Fee schedules shall be set forth in the Pitkin County Land Use Application Manual. No application shall be reviewed until the applicable fee has been paid.

(a) Combined Development Applications

• Any development application that would involve multiple review procedures culminating in approvals from differing review bodies pursuant to the provisions of this Land Use Code shall be combined for review and approval by the highest review authority that would otherwise have been involved in the separate review procedures.

(b) Representations by Applicant

• Any and all representations made by an applicant during the land use review process or in a land use application shall automatically become a condition of approval.

• (a) Within ten (10) working days of the submission of a development application, the Community Development Director shall complete a preliminary review of the application to determine whether or not the application is complete. If the application is determined to be complete, the Community Development Director shall notify the applicant of its completeness. If the Community Development Director determines that the application is incomplete, a written notice shall be sent to the applicant or applicant's representative specifying the deficiencies. No further action will be taken on the application until the application's deficiencies are remedied by the applicant. If the application is not deemed complete within six (6) months of the notice of deficiency, the application shall be considered withdrawn. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Land Use Code. A review or decision-making body may require more materials or information to be supplied by an applicant.

Staff review of all applications shall be subject to the following procedures, unless the application is for an Administrative Review and referrals and/or reports are determined to be unnecessary in light of the limited size or anticipated impacts of the proposed activity or development.

(a) Referral and Comment

• Once the application is deemed as complete by the Community Development Director, the application shall be referred to those County, City, State and Federal agencies and neighborhood organizations selected by the Community Development Director for comments. All applications for subdivision of property located within two (2) miles of the boundaries of incorporated areas shall be referred to the municipality for referral comments, and all applications for rezonings, PUDs, and special review uses located within one-half (1/2) mile of the boundaries of incorporated areas shall be referred to the municipality for comments. Where the application is for approval of a subdivision, referrals shall be made to those organizations required by C.R.S. 30-28-136. The Community Development Department staff shall consider all referral comments in reviewing the development application.

Unless another section of this Code specifically provides otherwise, for all decisions that require a public hearing or notice (as shown in Table 2-1), public notice shall be provided pursuant to this section.

(a) Development Applications

Prior to a public hearing on a development application or prior to the comment/objection deadline for certain administrative decisions, notice shall be provided to the public, pursuant to the terms of this section. Table 2-1 identifies the various types of land use applications, the review entity and stage of the public hearing, if applicable.

1. Content
   • Every notice shall include:
     • (a) The name and mailing address of the applicant.
     • (b) The type of development application sought.
     • (c) Date, time and place of the hearing, (if a hearing is required) or the last date on which comments regarding/objections the application will be received by the County (if a hearing is not required).
     • (d) The address and legal description of the subject property if applicable.
     • (e) A summary of the development application under consideration.
     • (f) Identification of the decision-making body conducting the hearing (or making the decision, if no hearing is required).
     • (g) Such other information as may be required to fully apprise the public of the nature of the application.
2. Publication
   • Where Table 2-1 indicates that newspaper publication notice shall be given, the Community Development Director shall cause notice of the hearings to be published one time in a newspaper of general circulation in the County as follows:
     • (a) For matters in which the Board of County Commissioners, Planning and Zoning Commission, Hearing Officer or Community Development Director is the decision-making body, at least fourteen (14) and no more than ninety (90) days prior to the hearings.
     • (b) For matters in which the Board of Adjustment is the decision-making body, at least seven (7) and no more than ninety (90) days prior to the hearings.
3. Posting
   • Where Table 2-1 indicates that posted notice shall be given:
     • (a) Posting of notice shall be made by the applicant by posting a sign in a conspicuous place on the property subject to the development application. The form of the sign shall be obtained from the Community Development Department. The sign shall be placed on the property at least fifteen (15) days prior to the public hearing or the comment/objection deadline (if a hearing is not required), and shall be maintained in readable condition in the same location until the date of the public hearing or the comment/objection deadline.
     • (b) The sign shall be made of suitable, waterproof materials, shall be not less than twenty-four (24) inches wide and thirty-six (36) inches high, and shall be composed of letters not less than one (1) inch in height.
     • (c) The applicant shall provide a signed and notarized affidavit in a form as specified by the Community Development Director attesting to the date that the sign was posted. A photograph of the posted sign must accompany the affidavit.
     • (d) It is the applicant’s duty to ensure that required posted notice remains in place and in readable condition for the period specified above, to replace the posted notice if it is removed or becomes unreadable during that period, and to remove the sign within one (1) week after the public hearing or the comment/objection deadline (if a hearing is not required).
4. Mailing
   • Where Table 2-1 indicates that mailed notice shall be given:
     • (a) The applicant shall obtain copy of the notice from the Community Development Department.
     • (b) At least thirty (30) days prior to a public hearing before the Hearing Officer, Planning and Zoning Commission or the Board of County Commissioners, at least seven (7) days prior to a public hearing before the Board of Adjustment, and at least two (2) weeks prior to the comment/objection deadline for an Administrative Review application, the applicant shall send the required form of notice to all owners of property within three hundred (300) feet of the property subject to the development application. If the application is for a subdivision or PUD, notice shall also be provided to the current mineral estate owners as required by C.R.S. 24-65-5. If the application is for approval of oil and gas extraction or mineral extraction, notice shall be provided to both the current surface owners and current mineral estate owners of the parcels of land within which the facility is proposed to be located, as well as the current surface owners of those parcels of land adjacent to the parcels within which the facility is proposed to be located.
     • (c For purposes of the notice mailing, the applicant shall use the names and addresses on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. It shall be the applicant’s responsibility to obtain the required addresses.
     • (d) Notices shall be sent to adjacent property owners by first class, postage prepaid U.S. mail. The applicant shall deliver to the Community Development Department, prior to any scheduled public hearing, meeting, or any administrative decision that requires a public notice, an affidavit confirming that the required mailed notices have been completed in accordance with the provisions of this subsection (4).

(b) Appeals

In the case of an appeal to the Board of County Commissioners of an item that was decided by the Board of Adjustment, Planning and Zoning Commission or Hearing Officer at a public hearing or decided by the Community Development Director with public notice pursuant to Table 2-1:

1. The Community Development Department shall cause notice to be published one (1) time in a newspaper of general circulation in the County at least one (1) week before the regular or special meeting of the Board of County Commissioners at which the appeal is to be considered. The notice shall specify the meeting agenda and location of the parcel of land that is the subject of the hearing.
2. If the appellant is the applicant, the appellant shall cause a notice of the proposed appeal and the nature of that appeal to be posted on a sign placed on the property that is the subject of the hearing at least one (1) week before such hearing, and to remove the sign within one (1) week after the hearing. The form of the sign shall be obtained from the Community Development Department.
3. If the appellant is the applicant, the appellant shall mail a notice of the appeal to all owners of property within three hundred (300) feet of the property subject to the development application at the appellant’s expense, at least one (1) week prior to the meeting. In the event that property within three hundred (300) feet is held in common ownership, the notice shall be sent to the appropriate homeowners or condominium association. At the time the appeal is filed, the appellant shall supply the names and addresses of property owners within three hundred (300) feet from the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the appeal hearing.
4. If appellant is not the applicant, the appellant shall mail a notice of the appeal to the applicant and all owners of property within three hundred (300) feet of the property subject to the development application at appellant’s expense, at least one (1) week before the date of the meeting at which the appeal will be heard by the Board of County Commissioners.

(a) General

• The decision-making body may approve, approve with conditions, or deny applications for development approval. The decision-making body shall approve or approve with conditions only those applications it finds to be in compliance with the standards of this Land Use Code and, if applicable, any conditions imposed during previous stages of the review and approval process.

(b) Continuance

• The decision-making body may continue to a date certain any meeting and remand an application to the applicant for modification or further study if it finds there is insufficient evidence to take action. Where the application is for approval of a subdivision pursuant to C.R.S. 30-28-101 et. seq., the public hearing shall not be continued for more than forty (40) days from the original hearing date without the written consent of the applicant.

(c) Timeframe for Approval of Subdivisions

• Where the application is for approval of a subdivision pursuant to C.R.S. 30-28-101 et. seq., any plat, plan, or agreement that has not been approved, conditionally approved, or denied within a certain time mutually agreed between the applicant and the County at the time of filing shall be deemed approved. Such time period may be extended by the County in order to receive a recommendation from an agency to which a plat or plan has been referred pursuant to C.R.S. 30-28-133.5, but such extension shall not exceed thirty (30) days unless the agency has notified the County that it will need additional time to complete its recommendation.

In the case of proposed subdivisions of land, PUD rezonings, or other instances where an application proposes the performance of duties after the date of approval, or where the County imposes conditions requiring the performance of duties after the date of approval, or where the Community Development Director or the County Attorney determine that assurances for the performance of those conditions is required, the following types of agreements, covenants, or guarantees may be required of the applicant. Where the application is for approval of a subdivision, requirements for guarantees of public improvements shall comply with the provisions of C.R.S. 30-28-137.

(a) Improvement Agreements

1. Prior to the submittal of any permit application or the recording of the final plat, the applicant shall submit to the Board and receive approval for an improvement agreement that meets the requirements of this section.
2. The improvement agreement shall constitute the applicant's agreement to construct the public improvements and common private improvements identified as requirements of project approval, and shall identify such requirements with particularity, including, where appropriate, deadlines for completion of construction and plans or drawings.
3. The improvement agreement shall provide that no property within the project may be sold, and no building permit application for construction may be submitted, until the improvements identified in the agreement have been completed. At the Board’s discretion, the improvement agreement may also provide that property within the project may be sold and that building permit applications for construction may be submitted prior to completion of specified agreements if financial security in a form acceptable to the Community Development Director or designee is provided by the applicant as described below. This shall not preclude the sale of an entire project, provided that the purchaser is subject to the same limitations as imposed upon the applicant by this Land Use Code, by the project approval, and by the improvement agreement.
4. At the Board’s discretion, in lieu of the limitations of subsection (3) above, the Board may allow permits to be issued and the final plat to be recorded where the applicant has provided financial security in a form acceptable to the Community Development Director or designee to assure the actual cost of construction of the required improvements, which costs shall be determined by the Board. Unless the Board determines otherwise, the improvement agreement shall require that sufficient financial security in a form acceptable to the Community Development Director or designee must be provided to secure completion of the improvements. Such financial security in a form acceptable to the Community Development Director or designee must be issued or confirmed by a Colorado bank acceptable to the Board. The financial security shall provide that it may be drawn upon by the Board upon presentation by the Board, subject only to the Board's affidavit that the applicant is in default of its obligations under the improvement agreement. The amount of security may be incrementally reduced as improvements are completed to the satisfaction of the Board. A financial security shall be in full force and effect until such time as the Board has determined that all improvements are satisfactorily completed.
5. The improvement agreement shall provide that if the Board determines that any of the required improvements are not constructed as provided in the agreement, including reasonable provisions for the correction of deficiencies upon notice thereof, the Board may draw upon the financial security in a form acceptable to the Community Development Director or designee as may be necessary to complete the improvements in accordance with the specifications included in the improvement agreement.

(b) Development Covenants and Easements

1. Prior to the submittal of any building permit application, and in lieu of, or in addition to, an improvement agreement, the County may require the applicant to execute and record development covenants obligating the applicant or property owner to perform any of the types of duties identified in subsection (a). above.
2. In general, a development covenant may be required where the terms of the development approval impose conditions requiring the performance of duties after the date of approval, and the County wants to ensure that future purchasers of the property are aware of those obligations, or where the County prefers to obtain assurance that post-approval obligations will be performed through a recorded condition of development approval rather than a contractual agreement.
3. Where a development covenant is required, it shall be in a form acceptable to the Community Development Director or designee and shall provide that (a) the County is an intended beneficiary of the covenant, (b) the County may enforce the terms of the covenant, and (c) the covenant may not be released or amended without the written consent of the County.
4. If the Site Plan or development permit requires the execution of easements in favor of the County, such easements shall be executed and recorded prior to the submission of final plat applications or building permit applications.

(c) Performance Guarantee

1. Prior to the submittal of any building application, the Community Development Director or designee may require an applicant to file a financial guarantee in a form acceptable to the Community Development Director or designee in order to ensure compliance with any or all requirements stipulated in the improvements agreement, a development covenant, or a development approval or permit.
2. The financial guarantee, in the judgment of the Community Development Director or designee shall be sufficient to make reasonable provision for completion of said improvements in accordance with design and time specifications stated in the development approval or the improvements agreement.
3. Ordinarily, a letter of credit from a commercial bank, savings and loan institution, insurance company or other qualified lending institutions licensed or authorized to do business in the State of Colorado, or a letter from the Federal Housing Administration or Veterans Administration in a form satisfactory to the County Attorney, shall be required to satisfy the requirement for a performance guarantee. However, the Community Development Director or designee may approve other forms of financial security.

(d) Release of Performance Guarantee or Collateral

1. As public improvements are made an applicant may apply to the Community Development Director or County Attorney for release of a section or all of the collateral deposited with the County.
2. Upon inspection and approval the Community Development Director or County Attorney shall release collateral.
3. If the Community Development Director, County Engineer or County Attorney determines that any of the required improvements are not constructed in substantial compliance with specifications, it shall furnish the applicant with a list of specifications and shall be entitled to withhold collateral sufficient to ensure substantial compliance.
4. If the Community Development Director or County Attorney determines that the applicant will not construct any or all of the improvements in accordance with all of the specifications, the Board may withdraw and employ from the deposit of collateral such funds as may be necessary to construct the improvements in accordance with the specifications.

(a) Purpose

• A short time period is provided after the denial of an application for a development permit where further applications will not be accepted by the Community Development Department. This short time period is intended to allow the applicant or property owner and the decision-making body sufficient time to collectively and individually consider the options for the property without expending staff and public time on resubmissions and re-applications that have not been subject to adequate consideration and formulation.

(a) Applicability

• This section establishes the procedures for minor and major amendments to development applications.

(b) Minor Amendments Defined

A minor amendment to any development application or permit is one that meets the following criteria, as determined by the Community Development Director:

1. Is consistent with action(s) taken during previous development approvals for the property; and
2. Does not change the use of the proposed development between residential, commercial and tourist accommodation uses; and
3. Does not change the basic character of the approved use of land on which the activity occurs, including basic visual appearance and method of operation; and
4. Does not constitute a new land development activity; and
5. Does not increase off-site impacts in the surrounding neighborhood; and
6. Does not endanger the public health, safety or welfare; and
7. Does not violate any Land Use Code standard; and
8. Does not substantially increase the need for on-site parking or utilities, or affect affordable housing generation; and
9. Does not increase the floor area of the use by more than five (5) percent or decrease the open space on the site by more than five (5) percent.

(c) Major Amendment Defined

• A major amendment is any amendment that does not meet the definition of a minor amendment in subsection (b) above, or is otherwise determined by the Community Development Director to be a significant departure from the original development application or permit.

(d) Amendments Prior to Issuance of Development Permit

1. Minor amendments to all development applications may be permitted during the land use review process pursuant to the procedures in this section, with the exception of amendments to GMQS applications, which shall be made pursuant to Sec. 2-40-40(b)(2).
2. Major amendments shall require a new application of the same type required for the original approval.

(e) After the Issuance of a Development Permit

1. Minor Amendments
   • A minor amendment to any development permit (except final subdivision plats or subdivision exemptions for which a separate process is outlined in Secs. 2-30-30) including SKI-REC and PUB master plans and special review approvals, intended to change an element or condition of a development permit may be approved administratively pursuant to the standards and criteria in Sec. 2-30-20.
2. Major Amendments
   • (a) Major amendments to a development approval or permit approved through the Administrative Review process shall require a new application of the same type required for the original approval, and shall be reviewed and approved by the same decision-making body (Community Development Department staff or the Hearing Officer) that made the original approval, as shown in Table 2-1.
   • (b) Major amendments to a development approval or permit not approved through the Administrative Review process shall require a new application of the same type required for the original approval, and shall be reviewed through a One-Step process to the same decision-making body (Board of Adjustment, Planning and Zoning Commission, or Board) that made the original approval, as shown in Table 2-1.
   • (c) If the original approval required a notice and hearing, the notice and hearing requirements shall be repeated for the proposed amendment.
   • (d) In the event approval required a recommendation from any other board or commission, the proposed amendment shall be referred to the same board or commission for recommendation.
   • (e) If the proposed amendment is to a condition imposed as a result of comment from a referral agency, the proposed amendment shall be referred to that agency for comment.

(f) Special Procedure for SKI-REC Master Plans and Major Master Plan Amendments

• In addition to the procedures identified in subsections (a) through (e) above, the special procedures in this section apply to the review of requests for approval of, or major amendments to, SKI-REC Master Plans.

(a) Some types of development permits and approvals are unlimited in duration, while others lapse (i.e. expire) unless action consistent with the development approval or permit is commenced within a specified time, as evidenced by receipt by the County of a complete building or other development permit application. Table 2-1 identifies whether a lapsing period applies for each type of development permit or approval listed in that table.

(b) Provisions for lapsing of development permits and approvals differ from vested property rights in the following way:

1. A development permit or approval that does not involve a Site Specific Development Plan (as defined in Sec. 2-20-170(b) below) remains in effect even though the applicant is not entitled to receive a vested property right.
2. A development permit or approval for an Activity Envelope or Site Plan remains in effect until the end of the lapsing period even if the applicant chooses not to obtain a vested property right pursuant to Sec. 2-20-170.
3. A development permit or approval for a Site Specific Development Plan that does result in a vested property right remains in effect following the expiration of the vested property right, until the end of the lapsing period.
4. For a development permit or approval that does not result in a vested property right pursuant to Sec. 2-20-170, and for a development permit or approval for which a vested property right has expired, the County may alter the terms and conditions applicable to the approval during the lapsing period. Only the creation of a vested property right provides assurance against changes in terms and conditions as set forth in C.R.S. 24-68-101, et. seq.

(a) General

1. The approval or conditional approval of a Site Specific Development Plan results in the establishment of a vested property right pursuant to C.R.S. 24-68-101 et. seq.
2. The vested property rights procedures in this section shall apply to any Site Specific Development Plan approved on or after January 1, 1988. The procedures shall not apply to any Site Specific Development Plan or other land use application approved prior to January 1, 1988, and the law applicable on the date of approval shall apply to such projects.

(b) Site-Specific Development Plan

1. Definition
   • For purposes of C.R.S. 24-68-101 et. seq., a Site-Specific Development Plan means:
     • (a) A rezoning to a Planned Unit Development (PUD) zone district, either before or after the 5th of July, 2006.
     • (b) Approval of a final subdivision plat issued by the Board, either before or after the 5th of July, 2006. In the case of a subdivision pursuant to Sec. 2-40-50, the detailed submission shall be the site specific development plan. In the case of an Affordable Housing Subdivision pursuant to Sec. 2-40-60, the final plat shall be the site specific development plan. In the case of an LIR-TR-2 Cluster Option Subdivision pursuant to Sec. 2-40-70, the combined detailed /final plat shall be the site specific development plan. In the case of a CD-PUD Zone District Residential or Commercial Agricultural Development pursuant to Sec. 2-40-80, the CD-PUD Development Plan shall be the site specific development plan.
     • (c) A site specific approval under the County’s powers to regulate Areas and Activities of State Interest/1041 Environmental Hazard Areas issued by the Board prior to the 5th of July, 2006.
     • (d) An Activity Envelope approved pursuant to Sec. 2-30-20(g)(3) after the 5th of July, 2006.
     • (e) A Site Plan approved pursuant to Sec. 2-30-20(g)(2) after the 5th of July, 2006.
     • (f) major amendment, as defined in Sec. 2-20-150(c), to an approved Site Specific Development Plan listed in subsections (a) through (e) above.
2. Excluded Approvals
   • The following types of approvals shall not be Site-Specific Development Plans:
     • (a) Any approval excluded from the definition of Site-Specific Development Plan by C.R.S. 24-68-101 et. seq.
     • (b) Approval of a rezoning to a district other than a Planned Unit Development zone district.
     • (c) A conceptual submission or any other plan for the subdivision of land other than a detailed submission or final plat as specified in subsection (1) above.
     • (d) Any other approval not listed in subsection (1) above.
     • (e) A minor amendment, as defined in Sec. 2-20-150(b) to an approved Site Specific Development Plan listed in subsection (b)(1) above.

(c) Term of Vested Property Right

1. Three Year Term
   • If an applicant has requested and obtained a vested property right under C.R.S. 24-68-101 et. seq. that vested right shall expire three (3) years from the date of approval, unless extended pursuant to subsection (d) below.
2. Development Agreements
   • A vested right, as defined in C.R.S. 24-68-101 et. seq., may be vested for a period longer than three (3) years through the use of a development agreement. A development agreement is an agreement between the County and the property owner providing that vested rights will be granted for a longer term in return for additional certainty or benefits granted by the property owner to the County regarding a specific final development of the property. For example, vested right for periods longer than the statutory three (3) year period may be considered if (a) the applicant makes commitments that the property will protect significantly more open space, or will provide significantly more affordable housing, than would otherwise be required by this Land Use Code, or (b) the proposed development will be completed in phases, and the County and applicant wish to agree on the timing of those phases and related infrastructure requirements. Development agreements shall not be used simply to extend the three (3) year vesting period when significant additional contributions of open space or affordable housing (beyond the requirement of this Land Use Code) are not made, and a phased development is not involved, or simply to provide additional flexibility in the timing of development.

(d) Extension or Reinstatement of Vested Property Rights for Site Specific Development Plans

The Board may approve an extension of vested property rights or reinstatement of forfeited or expired vested property rights, for a period of up to three (3) years, in accordance with this section. Unless explicitly stated in the resolution or decision of the Board authorizing the extension or reinstatement, the vested right shall be modified at the time of the extension to require that the approved development conform to the terms and provisions of this Land Use Code on the date of the extension or reinstatement. Any request for reinstatement of a vested right shall be made within one (1) year of the expiration of the vested right associated with a Site-Specific Development Plan. Reasonable conditions may be imposed by the Board when granting any such extension or reinstatement. A Site-Specific Development Plan may only receive one three (3) year extension.

1. Criteria
   • In reviewing a request for the extension or reinstatement of vested property rights, the Board shall consider the following criteria:
     • (a) The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement of vested rights;
     • (b) The progress made in pursuing the project to date including the effort to obtain any other permits, such as building permits, and the expenditures made by the applicant in pursuing the project;
     • (c) The nature and extent of any benefits already received by the County as a result of project approval such as impact fees or land dedications;
     • (d) The needs of the County and the applicant that would be served by approval of the extension or reinstatement request.
     • (e) The Board shall also take into consideration the length of any appeal process or litigation and the subsequent effect of a lessened vesting period for property rights.
2. Costs
   • In connection with any request for reinstatement of a vested property right after forfeiture or reinstatement of a suspended or revoked development approval, the Board shall determine the financial impacts of the investigation and may require the applicant to pay the reasonable costs of investigation and enforcement of the violation that caused the forfeiture.

(e) Effect of Later Amendments to Development Approval

1. Effect of Minor Amendment
   • If an applicant obtains a vested right for a Site Specific Development Plan pursuant to this Sec. 2-20-170, and the applicant subsequently applies for a minor amendment of the Site Specific Development Plan, the approval, conditional approval, or denial of the proposed modification shall not affect the creation of the vested right or its term. The vested right shall still expire three (3) years following its initial approval notwithstanding the minor amendment. For purposes of this provision, a minor amendment is one that meets the definition in Sec. 2-20-150(b).
2. Effect of Major Amendment
   • Approval or Conditional Approval
     • If an applicant obtains a vested right for a Site Specific Development Plan pursuant to this Sec. 2-20-170, and the applicant subsequently applies for a major amendment of the Site Specific Development Plan, the approval or conditional approval of the proposed amendment shall result in the termination of the original vested right and the creation of a new vested right that shall terminate three (3) years following its the approval of the amendment. For purposes of this subsection (2), a major amendment is one that meets the definition in Sec. 2-20-150(c).
       • (a) Denial
         • If the proposed major amendment is denied, then the original approval and vested right shall remain in effect and the vested right shall still expire three (3) years following its initial approval.
       • (b) Effect on Development Agreement
         • If the applicant has obtained vested rights through the approval of a development agreement, the vested right reflected in that agreement shall not be affected by approval or conditional approval of a major amendment, and the vested right shall expire on the date stated in the development agreement, unless the applicant applies for and receives approval from the Board for a replacement development agreement reflecting the major amendment and any adjustment in the term(s) of the vested right.

(a) General

1. Any applicant for a development permit or approval, or the County Attorney, Community Development Director, Planning and Zoning Commission, Board, or any other affected party, may appeal an approval, conditional approval or denial of a development application or any other decision made pursuant to this Land Use Code.
2. Any adversely affected party, which shall include the Board of County Commissioners, may appeal any decision made pursuant to the calculation and payment of the employee housing impact fee.

(b) Limitation

1. Appeals shall be limited to decisions made in the application of this Land Use Code. Appeals of the adoption of this Land Use Code or any standard, criteria, requirement or provision of this Land Use Code may only be taken to the District Court pursuant to Colorado Rule of Civil Procedure 57.
2. The authority of the Board to appeal decisions shall be limited to decisions where the decision-maker identified in Table 2-1 is not the Board.
3. Decisions by the Board of County Commissioners in the application of this Land Use Code may not be appealed through the provisions in this section, but may instead be appealed to the District Court pursuant to Colorado Rule of Civil Procedure 106. Any affected party, including an applicant, property owner, or owner of contiguous property, may file an appeal.

(c) Appeals to Board of County Commissioners

• An administrative decision made by the staff of Pitkin County, or a decision by any decision-making body (including the Board of Adjustment, Hearing Officer, or Planning and Zoning Commission) may be appealed to the Board of County Commissioners.

(d) Time Frame for Appeal

1. No appeal shall be considered unless a notice of appeal and brief written statement of the grounds for appeal is received by the Community Development Director not later than fifteen (15) working days of the decision.
2. If the decision being appealed was made by a decision-making body in a meeting or hearing that was recorded or transcribed, no appeal shall be considered unless a transcript of the recording is provided to the County, at the appellant’s expense, within sixty (60) working days after the decision.
3. Within fifteen (15) working days after the receipt of a written request pursuant to subsection (1) above, or the transcript pursuant to subsection (2) above, whichever is later, an appeal meeting before the Board of County Commissioners will be scheduled by the Community Development Director. To the degree possible, appeals will be scheduled for the next regularly scheduled meeting of the Board that will allow required notices to be made pursuant to Sec. 2-20-100(b).

(e) Effect of Filing Appeal

• If an appeal is filed pursuant to this section, processing of the development permit or approval that gave rise to the appeal shall be suspended until the Board has made a decision on the appeal. In cases where a lengthy appeal period is anticipated, the applicant may request and the Board may approve an exception allowing for the review and processing of the development permit or approval, provided that the outcome of that process shall incorporate the results of the appeal.

(f) Hearing

• At the meeting on the appeal (which shall be a public meeting), the Board of County Commissioners shall review the record of the decision and shall provide the appellant an opportunity to discuss the grounds for the appeal and the basis for the alleged error in the decision. After the presentations from all adversely affected persons, the Board may hear from any other person(s) it deems appropriate.