2-30 Standard Review and Approval Procedures

Table 2-1 below summarizes the review, decision-making, and appeal bodies for each specific type of land use and building approval in Pitkin County. The following abbreviations are used:

R = Review Body D = Decision-Making Body

Staff = Community Development Department Staff ABRC = Agricultural Building Review Committee

A = Appeal Body < > = Public Meeting or Hearing Required

RHPC = Redstone Historical Preservation Committee BOA = Board of Adjustment

M = Mailed Notice Required N = Newspaper (published) Notice Required

P&Z = Planning and Zoning Commission BOCC = Board of County Commissioners

P = Posted (sign) Notice Required

(g) Criteria for Approval

1. General
   • In addition to the criteria in subsections (2) through (20) below, an application for administrative review shall be approved if it complies with (a) all applicable provisions of this Land Use Code, (b) all applicable Land Use Policies listed in Sec. 1-60, and (c) all prior development approvals applicable to the subject property.
2. Site Plan
   • (a) A Site Plan shall be approved if it complies with the criteria in subsection (1) above and any Activity Envelope previously approved for the property pursuant to Sec. 7-10-50. Where the property contains Constrained Areas, the Community Development Department staff shall follow those Priorities for Locating New Activity or Development listed in Sec. 7-10-60. If an Activity Envelope has not been previously established for the property pursuant to Sec. 7-10-50, one shall be established as part of the Site Plan Review process. Use of TDRs for additional floor area to increase house size above the base maximum outlined in Table 5-1 may be subject to special review approval, if required in Sec. 6-30-509(b), and shall be reviewed through the Site Plan process. Certain development may be exempt from Site Plan Review, pursuant to Sec. 7-10-30.
   • (b)The Community Development Director may approve a Site Plan or Activity Envelope, subject to the following procedures:
     1. Notice of the application shall be provided as shown in Table 2-1 and as required in Sec. 2-30-100.
     2. In addition to the information required by Sec. 2-20-100, the notice shall state that the Community Development Department will accept comments or objections regarding the application until a date at least two (2) weeks following the postmarked date of the mailed notice. The notice shall further state that if no objections are received by that date, the Community Development Department shall make a decision on the application pursuant to this Land Use Code.
     3. If no objections to the application are received by the date stated in the notice, the Community Development Department shall document the fact that no objections were received and shall make a decision on the application pursuant to this Land Use Code.
     4. If any objections to the application are received by the date stated in the notice, the Community Development Department shall continue the application to a public hearing before the Hearing Officer.
3. Activity Envelope
   • An application for designation of an Activity Envelope shall be approved if it complies with the standards and criteria established in Sec. 7-10-50. If the applicant chooses to apply for definition of an Activity Envelope separately from approval of a Site Plan, the Activity Envelope shall be designed to accommodate the largest home anticipated and related septic field on the site pursuant to Table 5-1. Use of TDRs for additional floor area to increase house size above the base maximum outlined in Table 5-1 shall be reviewed through the Site Plan process. The definition of an Activity Envelope based on a maximum house size and septic field shall not create any presumption that a Site Plan for a house at the same size can or will be approved pursuant to this Land Use Code. The applicant may specify that the Activity Envelope is being created for a house smaller than the maximum allowed under Table 5-1, and in that event the Activity Envelope will be designed to accommodate a house and septic field of that size. Where the property contains Constrained Areas, the Community Development Department staff shall follow those Priorities for Locating New Activity or Development listed in Sec. 7-10-60. Actual siting of the septic field shall require final approval pursuant to the Environmental Health and Natural Resources On-Site Wastewater Treatment System regulations. Certain development may be exempt from Site Plan Review, pursuant to Sec. 7-10-30. The procedure for approval of an Activity Envelope shall be the same as specified in subsection (2)(b) above.
4. Subdivision Exemptions for Lot Line Adjustments
   • A subdivision exemption to adjust a lot line between adjacent lots or parcels under separate ownership may be approved if it complies with the criteria in this subsection.
     • (a) The adjustment creates not more than the original number of lots or parcels.
     • (b) The purpose or effect of the lot line adjustment is not the creation of a new lot or parcel, nor any increase in exempt or non exempt floor area or maximum house size for a parcel that gains size, nor creation of a lot or parcel substantially different in size for development or resale purposes. The floor area will be reduced on a parcel that decreases in size due to the adjustment.
     • (c) In the case of conforming lots and parcels, any resulting lot or parcel shall conform to the minimum requirements for area or width established by the provisions of this Land Use Code.
     • (d) In the case of substandard size lots or parcels, the resulting lots or parcels may increase in non-conformity as to lot size so long as the other standards of this Land Use Code continue to be met.
     • (e) The applicant shall prepare a subdivision exemption lot line adjustment plat in compliance with the standards in Pitkin County Land Use Application Manual.
     • (f) If the lot line adjustment will occur within a platted subdivision, an application for a minor plat amendment consistent with the proposed lot line adjustment shall be submitted and reviewed concurrently with the application for a lot line adjustment.
5. Subdivision Exemptions for Minor Plat Amendments
   • A subdivision exemption for a minor plat amendment may be approved if:
     • (a) It is necessary to correct an inadvertent surveying error to a recorded plat that has been approved by Pitkin County, where the error was not intended to circumvent the provisions of this Land Use Code, the correction increases or does not substantially affect the degree of compliance with the standards of this Land Use Code; and the revised final plat will comply with the final plat standards of Pitkin County Land Use Application Manual; or
     • (b) The amendment increases or does not affect the degree of compliance with the standards of this Land Use Code; and the amendment is being made to a recorded plat that has been approved by Pitkin County; and the amendment is consistent with representations made during the conceptual and detailed subdivision reviews whichever is applicable.

6. Water Crossing or Diversion

• The County Engineer and the Community Development Director shall confirm that the proposed water crossing or diversion has been engineered to prevent blockage of drainage channels during peak water flows and their placement does not result in the loss of wetlands and riparian areas; and it is confirmed by the Colorado Division of Wildlife or the County’s fisheries expert that the timing of the activity is not critical to the biology of the stream. If the County Engineer and Community Development Director do not confirm that these standards have been met, or if a diversion is for the purpose of a micro hydroelectric generation system, the crossing or diversion may only be approved through a One-Step review by the Board of County Commissioners subject to standards outlined in Section 4-30-50(m).

7. GMQS Exemptions Available through Administrative Review

• Exemptions from the requirement for a GMQS allotment that are available through Administrative Review, as shown in Table 2-1, may be approved if they comply with the requirements for the specific type of exemption, as set forth in Sec. 6-30.

8. Satellite Reception Devices

• A permit for installation of satellite reception devices if it exceeds one (1) meter for residential use and more than two (2) meters for industrial use may be approved if it complies with the following standards:
  • (a) All satellite reception devices that do not comply with Sec. 4-30-50(g) shall require approval pursuant to this Sec. 2-30-20(g)(8).
  • (b) If the satellite reception device does not meet the requirements of Sec. 4-30-50(g)(1) or (2), the installation of up to two (2) devices per lot or parcel shall be a use by right, but shall be located to minimize scenic impacts when viewed from neighboring parcels and public rights-of-way. Landscaping pursuant to Secs. 7-20-120 and 7-20-130 may be required around a satellite reception dish device to reduce scenic impacts.
  • (c) If the satellite reception device does not meet the requirements of Sec. 4-30-50(g)(1) or (2), or more than two (2) devices are requested on a lot or parcel, a special review use approval will be required pursuant to Secs. 2-30-30 and 2-40-20. As part of such special review process, additional landscaping may be required to address visual impacts.
  • (d) Regardless of whether Sec. 4-30-50(g)(1) or (2) apply, if the County determines that the location of a satellite reception device creates a public safety hazard, the device shall be relocated at the owner’s expense to a location that does not create a public safety hazard.
  • (e) Financial guarantees consistent with Sec. 2-20-130 may be required to ensure adequate completion of landscaping.

9. Agricultural Stand

• A temporary use permit for an agricultural stand may be approved if it complies with the standards of Sec. 4-30-50(b).

10. Signs

• A permit for a sign may be approved if it complies with the standards of Sec. 7-60.

11. Temporary Land Uses and Activities

• An application for Temporary Land Uses and Activities may be exempted if it complies with the standards of Sec. 4-30-50(b). If not exempted, a permit is required.

12. Special Event

• An application for a Special Event may be approved if it complies with the standards of Sec. 4-30-50(k).

13. Demolition Extensions

• A person seeking to replace a legally established structure pursuant to Sec. 6-30-110 may delay the demolition of the existing structure in order to continue a business or maintain a residence during the construction of the replacement structure subject to compliance with the standards in this section.
  • (a) The applicant shall execute a guarantee in a form acceptable to the County Attorney insuring the demolition and removal of the existing structure and restoration of the site prior to the issuance of a certificate of occupancy for the replacement structure.
  • (b) In the case of an existing residence, the applicant shall agree not to request approval to maintain the residence as a caretaker dwelling unit, unless the site and existing unit meets the standards in Secs. 4-30-50(e) and 6-30-40(c).

14. Certificate of No Effect for Property on Historic Register

• (a) The Community Development Department shall issue a Certificate of No Effect if (i) It is determined that the work is minor and clearly meets the applicable design guidelines, including but not limited to the provisions of Sec. 7-20-100, and/or (ii) modifications to the proposed work requested by the County are agreed to by the applicant, and (iii) the proposed work will not diminish, eliminate or adversely affect the historic character of the subject property or the district in which it is located.
• (b) No changes shall be made to the approved plans for which a Certificate of No Effect was issued without resubmittal to the Community Development Department for approval of the changes.
• (c) If the Community Development Department determines that the proposed work is not eligible for a Certificate of No Effect, then the property owner must apply for and obtain a Certificate of Appropriateness.

15. Certificate of Appropriateness for Property on Historic Register

• (a) The Community Development Director shall issue a Certificate of Appropriateness subject to a finding of compliance with the following standards.
  1. The proposed work will be reviewed relative to the elements of placement, orientation, size, scale, massing, proportions, materials, textures, finishes, patterns, details, embellishments and the relationship of these elements to one another that contribute to the historic, architectural, cultural, technological and/or educational significance of the property.
  2. Conformance with applicable general and specific design guidelines and standards, including but not limited to the provisions of Sec. 7-20-100.
  3. For the relocation of historic buildings and structures, the extent to which the new location and its siting recreate the setting and environment associated with the original period of significance for the historic property.
• (b) A Certificate of Appropriateness will expire one year from the date of issuance unless work is started within that time.
• (c) No changes shall be made to the approved plans after the issuance of a Certificate of appropriateness without resubmittal to the Community Development Director and determination of the necessary approval process for the proposed changes pursuant to Sec. 2-20-150.

16. Demolition Certificate for Property listed on Historic Register or listed on Historic Inventory with Historic Preservation Management Agreement

• The Community Development Director shall issue a demolition certificate for the property subject to a finding of compliance with the following criteria:
  • (a) The building, structure or object has been determined to be an imminent hazard to public safety and necessary repairs will cause the loss or alteration of the significant character-defining features of the property, and/or
  • (b) The building is not structurally sound despite evidence of efforts to properly maintain the property, and/or
  • (c) The building, structure or object cannot be practically moved to another location within the county, and/or
  • (d) No documentation exists to support or demonstrate that the property has historic, architectural, cultural, engineering or technological significance, and
  • (e) The loss of the building, structure or object will not adversely affect the integrity of the historic district or designated property on which it is located.

17. Minor Amendment to a Development Permit

• See Sec. 2-20-150(b).

18. Major Amendment to a Development Permit

• See Sec. 2-20-150(c).

19. Flexibility for Agricultural Support

• If a property does not meet the minimum acreage required in Sec. 5-20-70(j) for an exempt agricultural building, or if the exempt floor area provided in Sec. 5-20-70(i) is not adequate to support an agricultural operation, the owner may submit a request to obtain additional exempt floor area. The Community Development Director may review requests for additional exempt floor are of up to:
  1. 1,000 square feet on a property that does not meet the minimum acreage required in Sec. 5-20-70(j) for an exempt agricultural building
  2. 25 % more than is allowed for each of the following types of agricultural buildings – hay storage; livestock run-in or loafing shed; agricultural equipment storage; and barns – if the exempt floor area provided in Sec. 5-20-70(j) is not adequate to support an agricultural operation; or
  3. 3,000 square feet for a greenhouse(s) if the exempt floor area provided in Sec. 5-20-70(j) is not adequate. The Director may refer any request to the BOCC for decision pursuant to Sec. 2-30-20 (i). The BOCC shall review requests for additional exempt floor area in excess of the amounts that may be reviewed by the Community Development Director. Special Review approval is required for a greenhouse(s) of 3,000 square feet or more. The Community Development Director or Board of County Commissioners (BOCC) shall approve the additional exempt floor area, provided the following criteria are met:
     • (a) Agricultural Buildings are listed as an allowed, special review or master plan use in Table 4-1 in the zone district; and
     • (b) The agricultural building(s) complies with the applicable standards of Chapter 7;
     • (c) The owner demonstrates that the property is utilized for an agricultural operation as defined in Chapter 11 and that the agricultural building(s) are designed and will be used to support the agricultural operation. To demonstrate that the property is utilized for an agricultural operation and that the agricultural building(s) are designed and will be used to support the agricultural operation, the owner shall submit the following:
       1. Detailed description of existing and proposed agricultural activities, including number of animals, type of crop(s) grown, types and size of equipment, implements and gear, etc.
       2. Site plan showing existing and proposed buildings and areas on the property used for the agricultural operation;
       3. Floor plans and elevations of the agricultural building(s) to demonstrate that the scale and layout of the building(s) are appropriate given the specified agricultural activities.
       4. Description of how the proposed agricultural building(s) will support and sustain the rural character of the County.
     • (d) The Agricultural Building Review Committee shall review applications for additional exempt floor area for agricultural buildings and make a recommendation to Community Development Department as to whether the agricultural building is designed to support an agricultural operation and is functional for agricultural uses. The Community Development Department shall have the discretion to determine which applications for agricultural buildings should be referred to the Committee for review; an Applicant may also request a Committee review.

20. Activity Envelope and Site Plan Review at Building Permit for Ground Mounted Solar Panels

• (a) An “Activity Envelope and Site Plan at building permit application” shall be submitted in conformance with Section 2.2.1 and 2.2.12 of the Pitkin County Land Use Application Manual. Submittal requirements can be modified by Staff as deemed necessary.
• (b) The plan submittal shall show conformance with Chapter 4: Permitted Uses – Section 4-30-50(i), Chapter 5: Dimensional Requirements, and Chapter 7: Constraints.

(h) Mapping and Platting Requirements

• Prior to the submittal of a building permit application, the applicant shall be required to prepare and record with the Pitkin County Clerk and Recorder any map or plat required by the approval in a form approved by the Community Development Director consistent with the submission requirements in Pitkin County Land Use Application Manual and any conditions of approval.

(i) Referral to Higher Body

1. In lieu of making an administrative decision, the Community Development Director may refer any application authorized for administrative approval to the Hearing Officer or BOCC as determined by the Community Development Director for decision pursuant to the criteria in subsection (g) above if the Community Development Director determines that:
   • (a) The application raises a significant public controversy on which numerous parties beyond the owners of adjacent properties may want to offer testimony; or
   • (b) The applicant has a disagreement with the Community Development Department regarding a condition of approval; or
   • (c) The applicant has exerted significant and undue pressure on the Community Development Department to interpret this Land Use Code in a novel or ambiguous manner in order to obtain an approval, or has attempted to influence the decision of the Community Development Department in an improper manner.
2. In lieu of making a decision pursuant to a referral under subsection (1) above, the Hearing Officer may refer any referred application to the Board of County Commissioners for decision pursuant to the criteria in subsection (g) above if the Hearing Officer determines that:
   • (a) The application raises a significant public controversy with potential county-wide importance or impacts; or
   • (b) The applicant has exerted significant and undue pressure on the Hearing Officer to interpret this Land Use Code in a novel or ambiguous manner in order to obtain an approval, or has attempted to influence the decision of the Hearing Officer in an improper manner.

(e) Relationship to GMQS and TDRs

• Applications for One-Step Review may require receipt of a GMQS allocation and/or use of a TDR if they involve development on a lot or parcel that does not have development rights attached to it or the construction of a house larger than the maximum dwelling unit size without GMQS allocation or use of a TDR permitted by Table 5-1.

(f) Staff Review and Recommendation

• The Community Development Department shall review the application and make a recommendation pursuant to Sec. 2-20-90. For applications for oil and gas extraction, a site visit may also be required pursuant to Sec. 2-40-20(e).

(g) Action by Decision-Making Body

• The decision-making body indicated in Table 2-1 shall review the application and the staff recommendation, shall conduct a public meeting or hearing on the application pursuant to Sec.2-20-110, and shall make a decision to approve, approve with conditions, or deny the application.

(h) Criteria for Approval

1. General
   • An application for One-Step Review shall be approved if it complies with (a) all applicable provisions of this Land Use Code; (b) all applicable Land Use Policies listed in Sec. 1-60, and (c) all prior development approvals applicable to the subject property.
2. Special Review Uses or Activities
   • The BOCC, the Hearing Officer and/or the Community Development Director shall only approve the proposed special review use or activity if it finds that all of the following criteria are met:
     • (a) The special review use shall be consistent with the applicable County Master Plan.
     • (b) The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Chapter 1.
     • (c) The proposed development must not materially endanger the public health, safety or welfare.
     • (d) The proposed development must not substantially injure the value of adjoining or abutting property.
     • (e) The special review use shall be consistent with the intent of the zone district in which it is proposed to be located.
     • (f) The special review use shall be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development.
     • (g) The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimize adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air/water pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties.
     • (h) There must be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools.
     • (i) The proposed special review use must comply with any additional standards or requirements stated for such use in Sec. 4-30 and/or Sec. 2-40-20.
     • (j) If a Special Review Use ceases or its permitted time period ends, all uses and structures must immediately be brought into conformance with the underlying zone district regulations. If cessation of operation is due to demolition or destruction through any manner not willfully accomplished by the owner, uses/structures may be restored as of right pursuant to Sec. 9-30-70 of the Land Use Code.
3. Subdivision Exemption for Fully Developed Lands
   • (a) A subdivision exemption for fully developed lands may be permitted at the discretion of the County subject to compliance with standards in this section:
     1. The applicant shall prepare and record with the County Clerk and recorder a final plat meeting the requirements of Pitkin County Land Use Application Manual and approved by the Community Development Director.
     2. The subdivision divides land that is fully developed under existing zoning (one principal use per minimum lot size) and the resulting lots or parcels will meet the underlying zone district dimensional requirements. However, a subdivision exemption for fully developed lands that creates non-conforming lots may be approved if the lots are deed-restricted to affordable housing occupancy and price restrictions as approved by the Board of County Commissioners and its housing designee.
     3. An Activity Envelope shall be established, and a Site Plan review completed for all lots or parcels created through this provision.
     4. Remodeling of an existing residential dwelling unit shall not result in any change in use, expansion or relocation of footprint, or increase in floor area. The replacement of any legally established structure shall not result in any change in use, addition of dwelling units, or expansion of the floor area; however, the existing footprint may be modified or relocated subject to special review approval by the Planning and Zoning Commission pursuant to criteria in Sec. 2-30-30(h)(2).
     5. The development was done in conformance with the law at the time of development.
   • (b) For applications that comply with the above criteria, a GMQS exemption is available pursuant to Sec. 6-30-100(b).
4. Subdivision Exemption to Create Parcels for Community or Public Facilities or Open Space
   • A subdivision exemption to create parcels for community and public facilities or public open space shall be permitted at the discretion of the Board of County Commissioners subject to compliance with standards in this section.
     • (a) The subdivision of land for community and public facilities and for creation of open space parcels for conveyance to Pitkin County is exempt from subdivision subject to compliance with the standards in Sec. 6-30-120.
     • (b) This subdivision exemption may be utilized on an existing non-conforming sized lot or parcel and it may also result in the creation of a non-conforming sized lot or parcel.
     • (c) Any open space parcel created through this section shall yield a significant public benefit in terms of public outdoor recreation and/or the scenic enjoyment of the public, and/or the preservation of a historically important land area, and/or public access to public lands.
     • (d) An applicant shall be required to prepare and record with the County Clerk and Recorder a subdivision exemption plat approved by the Community Development Director meeting the requirements of Pitkin County Land Use Application Manual.
     • (e) For applications that comply with applicable criteria, a GMQS exemption is available pursuant to Sec. 6-30-120.
5. New Lots in VC and VR Zone Districts
   • A subdivision exemption for new lots created within the VC and VR zone districts shall be permitted subject to compliance with standards in this section.
     • (a) The subdivision divides land within the VC or VR zone districts, and the resulting lots will meet the underlying zone district’s dimensional requirements.
     • (b) New lots must have frontage on Redstone Boulevard.
     • (c) The applicant shall prepare a subdivision exemption plat meeting the requirements of Pitkin County Land Use Application Manual.
     • (d) For applications that comply with applicable criteria, a GMQS exemption is available pursuant to Sec. 6-30-130.
6. Eliminated by Ordinance 028-2014
7. Road and Easement Vacations
   • The BOCC may vacate a road or easement at the request of a private landowner(s) or at insistence of the County subject to compliance with the following standards. For purposes of this section, the terms "road" and "easement" shall be deemed to include any and all parcels upon which there has been legally sufficient dedication to the public use and a legally sufficient acceptance of the dedication by the public or authorized agents, representatives or officials of public entities.
     • (a) Vacation shall be approved if it is demonstrated that upon vacation there shall remain suitable access to public and private land presently accessed by the street or easement proposed for vacation.
     • (b) In the event of vacation, rights-of-way or easements may be reserved for the continued use of existing sewer, gas, water, or similar pipelines and appurtenance, for ditches, canals and appurtenances, and for electric, telephone, and similar lines and appurtenances. Equestrian, pedestrian, vehicular or other trails may also be reserved by the Board of County Commissioners.
     • (c) Any written instrument of vacation or a resubdivision plat approved by the Board of County Commissioners purporting to vacate or relocate roadways or portions of roadways that is of record in the counties where the roadways affected are situated for a period of seven (7) years shall be prima facie evidence of an effective vacation of such former roadways.
8. Approval of an Activity Envelope or Site Plans by Hearing Officer
   • When an application for approval of an Activity Envelope or Site Plan is heard by the Hearing Officer, either because the Community Development Director has referred the application pursuant to Sec. 2-30-20(i), because an objection has been submitted, the Hearing Officer shall apply the same approval criteria that Community Development Department staff would have applied to an administrative approval of the application under Sec. 2-30-20(g).
9. Designation to or Removal from Historic Register and Grant of Optional Incentives
   • (a) Designation of properties to the Pitkin County Historic Register, or the removal of properties from the Historic Register, are both accomplished through a resolution approved by the Board of County Commissioners. An application for designation may be filed by the property owner, the Community Development Director, the Planning and Zoning Commission, or the Board of County Commissioners.
   • (b) The criteria for designation of properties to the Historic Register are found in Sec. 7-20-100.
   • (c) The Justification for delisting includes, but is not limited to: (i) the loss of significance due to loss of or damage to the associative qualities or physical characteristics that make the property or district historic or architecturally important, or (ii) contradictory information to the analysis and/or findings of the original designation report. If a request for delisting from the Historic Register is denied, a new application for delisting may not be filed again for a period of two (2) years from the date of denial by the Board of County Commissioners.
   • (d) The Board of County Commissioners may grant optional incentives to properties designated to the Pitkin County Historic Register, pursuant to Sec. 7-20-100(f).
10. Location and Extent Review
    • (a) The purpose of the location and extent review is to determine whether any proposed road, park, or other public way, ground, or space, or public building or structure or public utility, whether publicly or privately owned is in conformance with the applicable County Comprehensive Plan or Master Plan.
    • (b) The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, or sale or lease of or acquisition of land for any road, park, or other public way, ground, place, property, or structure, shall be subject to similar submission and approval.
    • (c) A location and extent review may be undertaken concurrently with any other applicable County review process.
    • (d) In the case of disapproval by the Planning and Zoning Commission of a location and extent review the Commission shall communicate its reasons to the governing body or official having jurisdiction for the proposed project.
11. Special Event Venue
    • An application for a Special Event Venue may be approved if it complies with the standards of Sec. 4-30-050(k)

(a) General

• The Two-Step Review procedure applies to decisions for which development permits may be issued after review by the Planning and Zoning Commission and by the Board, as shown in Table 2-1.

(b) Applicability

• The Two-Step Review procedure is used for the types of decisions listed under Two Step Review in Table 2-1.

(c) Pre-Application Meeting

• A pre-application meeting pursuant to Sec. 2-20-30 is required for those two- step review applications indicated in Table 2-1.

(d) Initiation

• Applications for Two-Step Review are initiated by filing the submission materials referenced in Pitkin County Land Use Application Manual with the Community Development Department. No application shall be reviewed until a determination of completeness has been made pursuant to Sec. 2-20-70. After the application has been determined to be complete, the Community Development Department shall schedule a public meeting before the Planning and Zoning Commission. Following the completion of the public meeting by the Planning and Zoning Commission, the Community Development Department shall schedule a public hearing for the application pursuant to Sec. 2-20-80. Public notice for the public hearing shall be provided pursuant to Sec. 2-20-100.

(e) Relationship to GMQS and TDRs

• Applications for Two-Step Review may require receipt of a GMQS allocation and/or purchase of a TDR for approval if they involve development on a lot or parcel that does not have development rights attached to it or the construction of a house larger than the base maximum size permitted by Table 5-1.

(f) Staff Review and Recommendation

• The Community Development Department shall review the application and make a recommendation pursuant to Sec. 2-20-90.

(g) Recommendation by Planning and Zoning Commission

1. All Applications Except GMQS Allotments
   • The Planning and Zoning Commission shall review the application and the staff recommendation, shall hold a public meeting on the application, and shall make a recommendation to approve, approve with conditions, or deny the application. A recommendation of denial shall specify the approval criteria that have not been met. The Planning and Zoning Commission may document its recommendation by recording a resolution with the County Clerk and Recorder.
2. Applications for GMQS Allotments
   • The Planning and Zoning Commission shall review the applications and the staff recommendations, shall hold a public hearing on the applications, and shall score the applications pursuant to the GMQS criteria in Chapter 6. The Planning and Zoning Commission may document its recommendation by recording a resolution with the County Clerk and Recorder.

(h) Action by Board

1. All Applications except GMQS Allotments
   • The Board shall review the application, the staff recommendation, and the Planning and Zoning Commission recommendation, shall conduct a public hearing on the application pursuant to Sec. 2-20-110, and shall make a decision to approve, approve with conditions, or deny. A denial of the application shall be in writing, and shall specify the approval criteria that have not been met. The Board shall document its decision in a resolution recorded with the County Clerk and Recorder.
2. Applications for GMQS Allotments
   • The Board shall receive the GMQS scoring from the Planning and Zoning Commission, and shall make allotments in accordance with that scoring unless an appeal has been filed pursuant to 2-20-180, in which case the Board shall hear and take action before making GMQS allotments pursuant to the scoring. If there is no appeal on the scoring, the Board shall confirm the decision of the Planning and Zoning Commission in a resolution recorded with the County Clerk and Recorder.

(i) Criteria for Approval

1. General
   • An application for Two-Step Review shall be recommended for approval and shall be approved if it complies with (a) all applicable provisions of this Land Use Code, (b) all applicable Land Use Policies listed in Sec. 1-60, and (c) all prior development approvals applicable to the subject property.
2. Subdivision Exemption for Major Plat Amendments
   • A subdivision exemption for major plat amendment may be permitted subject to compliance with the standards in this section.
     • (a) Amendments shall be consistent and compatible with the surrounding neighborhood.
     • (b) Additional community impacts resulting from the amendment shall be completely mitigated by the applicant.
     • (c) The amendment must comply with the standards of this Land Use Code whichever are applicable.
     • (d) In no case shall a major plat amendment be utilized to increase the number of lots on a plat.
3. GMQS Scoring and Allotments
   • Applications for GMQS allotments shall be scored pursuant to Chapter 6 of this Land Use Code.
4. SKI-REC and P-I Master Plans
   • Applications for approval of Master Plans in the SKI-REC and P-I zone districts shall be approved if they are consistent with Section 2-40-100, the goals and objectives of the Pitkin County Comprehensive Plan, and limit adverse impacts on surrounding properties, on the transportation system, and public facilities of the County and municipalities to the maximum extent practicable.