(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
- 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.
- 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
- 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.
- 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
- 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.
- 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.
- GMQS Scoring and Allotments
- Applications for GMQS allotments shall be scored pursuant to Chapter 6 of this Land Use Code.
- 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.
(j) Vested Right
The Two-Step Review process will result in the creation of a vested right pursuant to Sec. 2-20-170 in the following situations only:
- When the Board approves a rezoning to a Planned Unit Development (PUD) zone district, either before or after the 5th of July, 2006.
- When the Board approves a final subdivision plat, either before or after July 5, 2006.
- When the application is for a major amendment to a Site Specific Development Plan (as it was defined before the 5th of July, 2006) approved prior to the 5th of July, 2006.
- When the application is for a major amendment to a Site Specific Development Plan pursuant to Sec. 2-20-150 after issuance of a development permit and after the 5th of July, 2006.
(k) Appeal
Decisions made pursuant to the Two-Step Review process may be appealed to those bodies identified in Table 2-1 pursuant to Sec. 2-20-180.