2-20-150 Amendments To Development Application and Permits

(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:

Is consistent with action(s) taken during previous development approvals for the property; and
Does not change the use of the proposed development between residential, commercial and tourist accommodation uses; and
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
Does not constitute a new land development activity; and
Does not increase off-site impacts in the surrounding neighborhood; and
Does not endanger the public health, safety or welfare; and
Does not violate any Land Use Code standard; and
Does not substantially increase the need for on-site parking or utilities, or affect affordable housing generation; and
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.

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

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).
Major amendments shall require a new application of the same type required for the original approval.

(e) After the Issuance of a Development Permit

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.
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.

(g) Special Procedure for PUB Zone District Master Plans and Major Master Plan Amendments

General. Land development in the PUB (Public) zone district may occur pursuant to one of two options, these being the special review procedures and standards (see Sec. 2-40-20 and 2-30-30 and the standards of sub-section G. 2. below); or the master plan review procedures and standards (see Sec. 2-40-100 and the standards of sub-section (g)(3), below). All development in the PUB zone district shall also demonstrate compliance with the provisions of Sec. 6-30-120 as these provisions may apply to the proposal.
Special Review Option. In the absence of an approved master plan or when an applicant pursues the special review option, use and dimensional standards applicable to development in the PUB zone district shall be as stated in Sec. 3-80-10.
Master Plan Option. If the applicant chooses the master plan option, the following provisions shall apply:
- (a) The master plan shall include suitable maps and text that comprehensively address all existing facilities and identify all proposed future site development that is to occur for at least the next five (5) years.
- (b) The master plan shall demonstrate that the proposed development is consistent with the County Land Use Policies stated in Chapter 1 of this code, the adopted Pitkin County Comprehensive Plan and the applicable development standards contained in Chapter 7 of this code.
- (c) The master plan shall demonstrate the compatibility of the proposed development with the surrounding neighborhood and shall justify the public need for the proposed activities and facilities.
- (d) The master plan shall establish the property’s use and dimensional standards.
- (e) Minor and major amendments to PUB zone district master plans shall be reviewed according to the provisions of this Sec. 2-20-150 E.
Federal Review
- Master plans or amendments shall be submitted to the United States Forest Service (USFS) or other Federal agencies, as may be applicable, and then the Community Development Department.
Concurrent Review
- At the option of the applicant, a master plan or amendment application may be processed concurrently by the USFS and Pitkin County.

(Code repealed and reenacted (all sections) by Ord. 014-D-2006, 07-05-06; § 2-20-150 amended (part) Ord. 026-10, 11-17-10)

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2-20-150 Amendments To Development Application and Permits

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