Embedded Files
(a) General
- The One-Step Review procedure applies to decisions for which development permits may be issued after a single review by the Hearing Officer, Planning and Zoning Commission, or the Board, as shown in Table 2-1.
(b) Applicability
- The One-Step Review procedure is used for the types of decisions listed under One-Step Review in Table 2-1.
(c) Pre-Application Meeting
- A pre-application meeting pursuant to Sec. 2-20-30 is required for those One-Step Review applications indicated in Table 2-1.
(d) Initiation
- Applications for One-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 or 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 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
- 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.
- 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.
- 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:
- 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:
- 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.
- 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.
- An Activity Envelope shall be established, and a Site Plan review completed for all lots or parcels created through this provision.
- 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).
- 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).
- (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:
- 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.
- 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.
- 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.
- 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.
- Eliminated by Ordinance 028-2014
- 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.
- 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.
- 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).
- 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).
- 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.
- Special Event Venue
- An application for a Special Event Venue may be approved if it complies with the standards of Sec. 4-50-050(k)
(i) Referral to Higher Body
In lieu of making a decision, the Hearing Officer may refer any application to the Board of County Commissioners for decision pursuant to the criteria in subsection (h) 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.
(j) Vested Right
The One-Step Review process will result in the creation of a vested right pursuant to Sec. 2-20-170 in the following situations only:
- When an application for approval of an Activity Envelope or Site Plan is decided by the Hearing Officer.
- When the application is for a major amendment to a Site Specific Development Plan pursuant to Sec. 2-20-150.
(k) Appeal
- Decisions made pursuant to the One-Step Review process may be appealed to those bodies identified in Table 2-1 pursuant to Sec. 2-20-180.
(Code repealed and reenacted by Ord. 14-D-2006, 07-05-06; § 2-30-30 (part) amended Ord. 023-07, 08-28-07; Ord. 008-10, 08-11-10; Ord. 019-10, 08-11-10)
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