2-40 Specialized Review and Approval Procedures

Land Use Code text amendments and rezonings of land that are not subject to subsection (a) of this section are completed through the Two-Step Review process described in Sec. 2-30-40, but are subject to several specialized provisions. These provisions supplement those provisions in Sec. 2-30-40, and in case of conflict, these provisions govern. Rezonings initiated by Pitkin County that affect more than one parcel and are not associated with a development application, shall be governed exclusively by the procedures and standards set forth in subsection (e) of this section.

(a) Initiation

1. An application for a Land Use Code amendment may be initiated by any citizen or property owner in Pitkin County, or by the Community Development Department, the Planning and Zoning Commission, or the Board of County Commissioners.
2. An application for rezoning may be initiated by the owner of the property proposed for rezoning, or the agent of such owner, or by the Community Development Department, the Planning and Zoning Commission, or the Board of County Commissioners.

(b) Action by Board

• In addition to the provisions of Sec. 2-30-40(h), if the Board wishes to substantially change any Land Use Code text amendment or rezoning recommended by the Planning and Zoning Commission, the change shall be first be resubmitted to the Planning and Zoning Commission for its approval, disapproval, or suggestions. If disapproved by such commission within thirty (30) days after such submission, such amendment, to become effective, shall receive the favorable vote of not less than a majority of the entire membership of the Board of County Commissioners. Before finally adopting any such amendment, the Board of County Commissioners shall hold a public hearing thereon, and at least fourteen (14) days’ notice of the time and place of such hearing shall be given by at least one (1) publication in a newspaper of general circulation in the County.

(c) Criteria for Approval

1. In addition to the provisions of Sec. 2-30-40(i), the following shall apply to applications for Land Use Code text amendments.
   • (a) Each Land Use Code text amendment shall be consistent with the Pitkin County Comprehensive Plan.
   • (b) Land Use Code text amendments shall be drafted in a form consistent with the organizational format and style of this Land Use Code.
   • (c) Code text amendments shall repeal and reenact entire Code sections rather than just specific sentences or sub-sections.
2. In addition to complying with the provisions of Sec. 2-30-40(i) in connection with each proposed rezoning, the Board shall consider the following:
   • (a) Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood that support the proposed amendment;
   • (b) The effect of the proposed rezoning and development on traffic generation and road safety.
3. A proposed rezoning shall not be approved, and should not be recommended for approval, unless the decision making body finds that the proposed rezoning will result in development or activities that:
   • (a) Are consistent with the applicable Pitkin County Master Plan(s);
   • (b) Are consistent with all applicable sections of this Land Use Code;
   • (c) Are compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics;
   • (d) Do not exceed the capacity of such public facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities;
   • (e) Do not result in significant adverse impacts on the natural environment;
   • (f) Are consistent and compatible with the community character; and
   • (g) Do not conflict with the public interest.

(d) Vested Right

• Approval of a Land Use Code text amendment or rezoning does not involve a Site Specific Development Plan, as defined in Sec. 2-20-170(b), and does not result in the creation of a vested right. Subsequent approval of a Site Specific Development Plan for rezoned property will establish a vested right.

(a) Applicability

This section establishes review standards for uses designated as special review in Table 4-1.

(b) Procedure

Unless a different procedure is shown in Table 2-1, special review uses are permitted pursuant to a One-Step Review by the Board of County Commissioners subject to compliance with the standards applicable to the proposed use set forth in Chapter 4 (if any), and the criteria in Sec. 2-30-30 and this Sec. 2-40-20.

(c) Limitation of Uses by Special Review

1. Commencement of Operation
   • Approved special review uses shall begin within three (3) years following the date of approval of the development permit, unless a longer period is specified, or the approval shall become null and void.
2. Special Review Use
   • The decision-making body may approve a special review use subject to a limited time period during which a use may operate.
3. Submission of Annual Reports
   • The decision-making body may require any person operating pursuant to a special review use approval to submit a statement to the Community Development Director attesting to the continued conformance of the use to the conditions of the approval. The report shall be submitted at least forty-five (45) days prior to each anniversary of the initial approval.
4. Review of Annual Reports
   • If, after reviewing the statement, inspecting the site and considering any other relevant materials, the Community Development Director determines that the use is in conformance with the provisions of the Special Review Use approval, the use may continue pursuant to the provisions of the approval. If the Community Development Director determines that the use is not in conformance with the provisions of the Special Review Use approval, the Community Development Director may recommend to the original review authority that it consider withdrawal of such approval. Failure of any person operating a use under a Special Review Use approval to submit such a statement within the period specified above shall be considered a violation of the provisions of the special review approval and may be sufficient cause for withdrawal of the approval.
5. Approval Withdrawal Procedure
   • The decision-making body shall consider and act on approval withdrawal after a public hearing. Notice of the public hearing shall be mailed to the applicant and published in a newspaper of general circulation in the County not later than thirty (30) days prior to the hearing. The notice shall state the time, location and subject matter of the hearing.
6. Approval Expiration
   • Any Special Review Use approval shall expire after any continuous twelve (12) month period of non-use. Any unfulfilled obligations of the approval shall continue to be binding after expiration of the approval.

(d) Additional Special Review Procedure for Mineral and Gravel Extraction

In addition to the procedures identified in subsections (a) through (c) above, the procedures in this section apply to the review of requests for development permits for mineral and gravel extraction. Refer to Sec. 4-30-20(g) for special review standards. In the event of a conflict between the provisions of this subsection (d) and the provisions of subsections (a) through (c) above or Sec. 2-30-40, these provisions shall govern.

1. Initial Short-Term Permit
   • The Board may issue an initial, short-term trial permit for a time period not to exceed five (5) years from the date of issuance for mineral exploration, mining, sand and gravel pits, rock crushers, concrete batch plants and asphalt hot mix plants, oil and gas drilling, surface mining and open pit mining, subject to the standards in Sec. 4-30-20(g).
2. Conversion to Long-Term Permit
   • Prior to the expiration of the initial, short-term permit, but not longer than one (1) year before such permit expiration, the permittee may submit an application pursuant to the standards in Sec. 4-30-20(g)(13) to convert the short-term permit to a long-term permit. Upon expiration of the initial short-term permit, and after a duly noticed public hearing, a long-term permit may be issued to be in full force for a period of time specified by the Board.
3. Extension of Long-term Permit
   • Upon the expiration of the initial, short-term permit, if an operator/permittee requests a time extension or modification of a permit, the Board shall hold a duly noticed public hearing to consider whether a new application is necessary. If the Board determines a new application is necessary, the operator shall prepare a completely new application pursuant to this Land Use Code. The Board shall hold a second duly noticed public hearing to consider either the new application or modifications, and requests for extensions to the initial, short-term permit.
4. Annual Report
   • At least once each year, on the date set forth in any special review approval, or if such approval does not specify a time then before the last day of the month when the approval was granted, the operator/permittee shall file a written report with the Community Development Director demonstrating compliance or non-compliance with permit conditions and other provisions of this Land Use Code.
5. Annual Public Hearing
   • The Community Development Department shall review the operator/permittee's annual written report to determine compliance with the permit and prepare a report for the Board of County Commissioners. The Board shall review the report and determine whether the information in the report or other factors regarding the operation or status of the operations on the site require that a public hearing be held. If the Board determines that a public hearing is required, the date, time and location of the public hearing will be established pursuant to Sec. 2-20-110.
6. Action by Board
   • Based upon the annual hearing, the Board shall have the power upon good cause being shown:
     • (a) To modify the permit to require certain corrective measures to be taken or to direct the County staff or its agents to enter upon the premises and to take necessary corrective measures.
     • (b) To impose new or additional conditions, standards or restrictions to address environmental concerns required by considerations of public health, safety and welfare, or to achieve the objectives and purposes of the original permit or to bring the permit into compliance with other laws or regulations or uses of the site; the cost to be assessed against the operator/permittee and his sureties.
7. Permit Enforcement

• (a) Violation Notice
  • Whenever the Board has reason to believe that there has occurred a violation of the permit, written notice shall be given to the operator of the alleged violation. Such notice shall be served personally or by certified mail, return receipt requested, upon the alleged violator or his agent for service of process. If served by mail, any such notice shall be deemed to be effective three (3) days after deposit in the United States Mail, sufficient postage prepaid. The notice shall state the portion of the permits alleged to be violated and a summary of the facts alleged to constitute the violation, and may include the nature of any corrective action required.

• (b) Order to Cease Operations
  • In the event the County determines that the operator/permittee is not acting in compliance with applicable permit conditions and immediate action is necessary, the County shall require the operator/permittee to cease operations within twenty-four (24) hours after delivery of written notice to such effect, for a period not exceeding thirty (30) days, during which time a hearing shall be held as specified in these regulations.
• (c) Rights of the Public
  • Any member of the public who is aggrieved by a failure of the operator/permittee to comply with the terms and conditions of the applicable permit shall have standing to enforce the conditions of the permit by reporting any alleged violation to the County and requesting a hearing thereon in accordance with the requirements of this section.
• (d) Violation Hearing
  • The Board may, upon the request of the permittee, any interested party, or on its own motion, hold a hearing to determine the nature and extent of any alleged violation and shall have the power, upon good cause being shown, to revoke, suspend, or modify the permit to require certain corrective measures to be taken, or to direct the County or its agents to enter upon the premises and to take corrective measures required by the Board. The cost shall be assessed against the operator and his sureties. The hearing shall be held no sooner than ten (10) days and no later than thirty (30) days after the issuance of any notice of violation, unless a different date is specified by the Board for good cause.

• (e) Permit Revocation
  • In the event any operator fails to comply with any order of the Board issued after hearing, the Board may revoke the permit and request the County Attorney to bring suit for a temporary restraining order, a preliminary injunction or a permanent injunction to prevent any further or continued violation of such order. The Board may also seek such penalties or other relief as are provided by statute or this Land Use Code for any such violation. Suits pursuant to this Sec. 2-40-20(d) shall be brought in the District Court for Pitkin County.
• (f) Conditions on Revocation
  • In the event that a permit is revoked the Board may specify that neither the permittee nor a successor for the same site may re-apply to the Board for a mineral exploration and mining permit for up to one (1) year after the date of revocation or the date all permit improvements and inventory were actually removed and all operations actually ceased, whichever date occurs last. If the Board suspends or revokes a permit of an operator, the operator may continue previously permitted operations only for the purpose of bringing the previously permitted operation into satisfactory compliance with the provisions of the operator's County permit, or to carry out reclamation requirements of the State of Colorado.
• (g) Reinstatement of Permit
  • The Board may reinstate the permit of the operator upon compliance with the terms of the suspension or on such later date as the Board of County Commissioners may deem appropriate.

(e) Additional Special Review Procedures for Oil and Gas Extraction

1. At the request of either the operator, surface owner, or any other landowner receiving notice pursuant to Sec. 2-20-100, the Community Development Department will conduct a public site visit with all interested parties to evaluate locations, compliance with this Land Use Code and mitigation that may be required pursuant to this Land Use Code. When possible this site visit will be coordinated with site visits required by the Oil and Gas Conservation Commission rules.
2. Oil and gas facilities shall also be reviewed for general consistency with the standards and policies set forth in the following documents: (i) this Land Use Code; (ii) the Pitkin County Comprehensive Plan; (iii) Pitkin County road and drainage design specifications and standards according to the County Asset Management Plan; (iv) plans and regulations of municipalities in the county or adjacent counties, if applicable; and (v) other applicable local, county, state and federal plans, policies and regulations.
3. If the Oil and Gas Conservation Commission spacing rules require a well to be located contrary to the location as required by these regulations, the applicant shall apply for a variance with the Oil and Gas Conservation Commission to meet the County's well location requirements. If such a variance is not granted, the location as required by these regulations shall be complied with to the maximum extent possible. The Community Development Director may impose additional mitigation measures as necessary to protect the public health, safety, and welfare when the well is not located as required by these regulations.

(f) Additional Special Review Procedures for Caretaker Dwelling Units

1. The Community Development Director may grant special review approval for a caretaker dwelling unit subject to the following procedures:
   • The community development department shall post notice and provide mailed notice to the property owners adjacent to the site of the lot or parcel for which a caretaker dwelling unit is proposed. the notices shall contain the information required by sec. 2-20-100 and 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.
2. 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.
3. 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 board of county commissioners.

The issuance and use of TDR certificates is completed through either the Administrative Review process or the One-Step Review process, as outlined in Table 2-1. These provisions supplement those provisions in Sec. 2-30-20 and 2-30-30, and in case of conflict, these provisions govern. The documentation produced shall be as specified in subsection (a) below and the criteria used shall be those in subsections (b) below and Sec. 6-70-40.

(a) Documentation

1. Irrevocable TDR certificates
   • A property owner who wishes to sell a TDR from a sending site shall first obtain an irrevocable certificate of TDRs (TDR certificate) from the Community Development Department through either the Administrative Review or One-Step Review (as shown in Table 2-1). A TDR certificate shall only be issued where the sending site meets all of the standards and criteria set forth in Sec. 6-70-40. A TDR certificate must be issued concurrently with the severance of the development right from the Sending Site and execution of a restrictive covenant for the Sending Site.
2. Re-issuance of TDR certificates
   • If an irrevocable TDR certificate is lost or destroyed after issuance by the County and prior to surrender for use in a proposed development, the County will re-issue the Certificate of TDRs to the current owner. No Certificate shall be re-issued unless the owner of the TDR submits a signed and notarized affidavit confirming the loss or destruction of the certificate and agreeing that if the original TDR certificate is later found it will be surrendered to the County and shall be of no further force and effect. All re-issued TDR certificates shall bear the same number as the Certificate that they replace, and shall state that any TDR Certificate bearing the same number and an earlier issue date shall be invalid.
3. Restrictive Covenant of Sending Site
   • Concurrent with the issuance of a TDR certificate, the owner of the Sending Site shall execute and record a restrictive covenant on the parcel that acknowledges that the development right has been severed from the parcel and that future development as defined by this Land Use Code, is prohibited. The covenant shall be a form approved by the County Attorney.
4. Sale of TDRs
   • An irrevocable TDR certificate may be sold, transferred or conveyed. The sale, assignment, conveyance or other transfer or change in ownership of transferable development rights certificates must be reported to the Pitkin County Community Development Office within five (5) days of such transfer. The report of such transfer shall disclose the certificate number, the grantor, the grantee and the total value of the consideration paid for the certificate. Failure to timely and accurately report such transfer may render the transferable development right certificate void.
5. Development Rights Appurtenant to Land
   • The owner of any parcel of land from which development rights may be transferred, may transfer those rights at any time to any person, provided, however, that the use rights and the value of those use rights shall be deemed for taxation and all other purposes to be appurtenant to the land until such time as the rights are severed from the land pursuant to issuance of an irrevocable TDR certificate and recordation of a preservation restrictive covenant. Upon severance of the use rights from the land, the value of the land for taxation purposes will be re-assessed.

SCORING / ALLOTMENTS

Growth Management Quota System (GMQS) scoring and allotments are completed through the Two-Step Review process described in Sec. 2-30-40, but are subject to several specialized provisions. These provisions supplement those provisions in Sec. 2-30-40, and in case of conflict, these provisions govern.

(a) General

All development that requires a building permit in Pitkin County is required to either: (a) obtain an exemption from GMQS system; or (b) compete for GMQS development allotments. This section sets forth the procedures relating to this requirement.

(b) Procedure for Competition for Development Allotments

In addition to the provisions of 2-30-40, the following shall apply. An applicant who is not eligible for any of the exemptions in Sec. 6-30 shall be required to compete for development allotments through the following process:

(1) Initiation of Applications

TABLE 2-2: GMQS APPLICATION DEADLINES

TYPE OF DEVELOPMENT ANNUAL SUBMISSION DEADLINE

Residential Development: New Lots September 1

Residential Development: Additions January 15; if all allotments are not awarded in this competition, then the bi-annual submission deadline is July 1

Commercial Development November 15

Tourist Accommodations Units October 1

(2) Amendment of Applications

Only one application may be made per parcel each year. Applications may be amended to make technical corrections or clarifications prior to competition and scoring of the applications. In addition, if no competing applications have then been filed, applications may also be amended to make other changes, so long as those changes do not decrease the level of performance on any of the applicable scoring criteria. If other competing applications have been filed, only amendments to make technical changes may be made prior to competition and scoring of the applications.

(c) Recommendation by Planning and Zoning Commission

In addition to the provisions of Sec. 2-30-40(g)(2), the following shall apply:

1. Meeting for Collective Review
   • The Planning and Zoning Commission shall meet to consider all applications for development allotments at a noticed public hearing. Applications for development allotments shall be considered collectively based on the type of development proposed (e.g., residential, commercial or tourist accommodation). The meeting shall be conducted as set forth in the Pitkin County Land Use Application Manual.
2. Procedure for Scoring GMQS Applications
   • After the public hearing is officially closed, the Planning and Zoning Commission shall consider and either (i) score each application based upon the scoring standards in Chapter 6, or (ii) by unanimous vote of the Planning and Zoning Commission, decide to adopt the scoring recommended in the staff report from the Community Development Department. If the Planning and Zoning Commission chooses to score the applications itself, the following scoring procedures shall be adhered to:

• (a) Scoring Based on Whole Numbers
  • Based upon the scoring standards in Chapter 6, each voting Planning and Zoning Commissioner shall award a whole number score (not a fractional number) to the application(s) on the score sheets provided by the Community Development Department.
• (b) Discussion of Scoring
  • Following the initial scoring, Commission members shall be free to discuss individual scores and to offer justification for such scores. Staff may make comment during this discussion, but no member of the public or the applicant may be permitted comment.
• (c) Rescoring
  • Following the close of Planning and Zoning Commission discussions regarding initial scoring, a final scoring round will be held, during which each Commission member shall again identify the number of points, expressed as whole numbers, assigned to the project. Planning and Zoning Commission members shall be free to revise the number of points awarded to a project between the preliminary and final scoring rounds.
• (d) Calculation of Final Score
  • After the close of the final scoring round, a project's final average score shall be calculated by: (a) totaling the Commissioners' individual scores; and (b) dividing that total by a number equal to the number of commissioners who participated in the final scoring round. Final average project scores shall be calculated for each of the applicable growth management scoring criteria and a cumulative score shall be calculated for the criteria as a whole. The final average cumulative score shall constitute the project's final score.

• (e) Ranking of Applications
  • Projects shall be ranked in order of their final average scores.
• (f) Tie-Breaking
  • In the event of a tie in the scoring of any applications, the Planning and Zoning Commission shall consider the projects’ scores without the bonus points provided in Chapter 6 to break a tie among applications that meet the applicable competitive thresholds.
• (g) Forward Ranking and Final Score to Board of County Commissioners
  • The ranking of the development applications and calculation of the final Planning and Zoning Commission score shall then be forwarded by resolution to the Board.

(d) Action by Board

In addition to the provisions of Sec. 2-30-40(h)(2), the following shall apply. Upon receipt of the Planning and Zoning Commission resolution forwarding their ranking and final scores, the Board may by resolution, allocate development allotments to the eligible applicant as follows:

1. Allotments Awarded Based on Ranking
   • In the event of multiple eligible applicants, the Board shall award allotments in the ranking order established by the Planning and Zoning Commission, provided that if the Board elects to rescore any project that ranking may change.
2. Denial of Development Allotments
   • Development allotments are effectively denied by any scoring that fails to award the minimum number of points per category and/or the total required threshold points. Development allotments may also be denied if a project that met the minimum scoring criteria is ranked below a project consuming the last available allotments for the year.
3. Multi-Year Allotment

• In the case of applications for GMQS allotments for commercial or tourist accommodation development, the Board may award a multi-year allotment if the application meets the following standards:
  • (a) The quality of the proposed development substantially exceeds the minimum threshold for scoring established in Chapter 6.
  • (b) The site design of the proposed development makes construction phasing infeasible. This requires but is not limited to a demonstration that (1) economies of scale will result from construction occurring at once; (2) the proposed development is a single building that cannot easily be constructed or operated in phases; and (3) the public facility investments for the proposed development such as roads, airport facilities, water and sewer shall all be installed at the initiation of the project, making phasing economically unrealistic.
  • (c) The impacts of construction of the proposed development on the surrounding neighborhood will be reduced by the construction at one (1) time rather than phasing it over two (2) or more construction periods and such impacts can be tolerated by the County.
  • (d) The County is capable of absorbing the accelerated rate at which impacts on services and public facilities will be experienced. It shall be considered sufficient evidence of service and public facility availability if it can be demonstrated that sufficient capacity is available in the following public facilities to accommodate the County's planned rate of growth and the accelerated rate due to the proposed development: (1) transportation, including, airport, roads, transit and parking; (2) utilities including, water, sewer, electric, gas and drainage; (3) affordable housing; (4) park and recreation facilities; (5) solid waste facilities; (6) police and fire protection facilities; and (7) hospitals and schools.
  • (e) The applicant demonstrates that granting allotments from future years will be consistent with Policies 1-60-20, 1-60-30, 1-60-40, and 1-60-50.

(a) General

The subdivision and PUD review procedure applies to applications for approval of a subdivision of land under C.R.S. 30-28-101, et. seq. or an approval of a rezoning to a Planned Unit Development (PUD) zone district, (or approval of both a subdivision and a PUD together) other than rezoning to an Affordable Housing PUD (AH/PUD), a Conservation Development PUD (CD-PUD), or to the LIR or TR-2 zone districts in order to utilize the cluster option. This procedure requires (a) review of conceptual level documents by both staff and the Planning and Zoning Commission and a decision on conceptual level documents by the Board, (b) review of detailed subdivision and/or PUD documents by both staff and the Planning and Zoning Commission and a decision on those detailed documents by the Board, and (c) review of final plat and/or final plan documents by staff, and approval of those documents by the Board, all as shown in Table 2-1. All review and approval procedures for subdivisions shall comply with the provisions of C.R.S. 30-28-133.5.

(b) Does Not Apply to Creation of Timesharing or Fractional Interest Communities

Subdivision approval shall not be required for the creation of common interest communities or timeshares pursuant to C.R.S. 3-33.3-101, et seq. (the Colorado Common Interest Ownership Act), 38-33-101, et seq. (the Condominium Ownership Act) or 38-33.5-101, et seq. (Cooperative Housing Corporations), as those provisions may be amended or replaced from time to time.

(c) Pre-Application Meeting

A pre-application meeting pursuant to Sec. 2-20-30 is required prior to submission of conceptual level documents.

(d) Initiation

1. Conceptual Level
   • Applications for subdivision or PUD review are initiated by filing the submission materials for conceptual level documents 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. If a GMQS allocation is needed for the proposed development, no conceptual approval will be granted until the required GMQS allocation has been obtained by the applicant. 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 before the Board pursuant to Sec. 2-20-80. Public notice for the public hearing shall be provided pursuant to Sec. 2-20-100.
2. Detailed Subdivision/PUD Documents
   • Following conceptual level approval of the subdivision or PUD pursuant to subsection (1) above, this process is repeated (including the requirement for a determination of completeness), except that the applicant shall file the submission materials for detailed documents referenced in Pitkin County Land Use Application Manual with the Community Development Department. A complete application for detailed approval of a subdivision or PUD shall be submitted within one (1) year following the Board’s conceptual approval of the subdivision or PUD, or the conceptual approval shall expire. If, within that time period, the required subsequent submission has not been filed, the Board may grant a one-time extension of the approval, for a period of time not to exceed one (1) year, if the applicant demonstrates to the Board that substantial action has been taken in reliance of the conceptual subdivision approval. With Staff’s approval, detailed subdivision and final plat submissions may be made and reviewed simultaneously.
3. Final Plat/Plan
   • Within one (1) year following detailed approval of subdivision or PUD documents pursuant to subsection (2) above, the applicant shall file a final plat or final subdivision plan meeting the requirements of Pitkin County Land Use Application Manual, including an improvements agreement and improvements maintenance agreement, with the Community Development Department. If, within that time period, the required subsequent submission has not been filed, the Board may grant a one-time extension of the approval, for a period of time not to exceed one (1) year, if the applicant demonstrates to the Board that substantial action has been taken in reliance of the conceptual subdivision approval. No application shall be reviewed until a determination of completeness has been made pursuant to Sec. 2-20-70. After review by staff, the final plat and/or plan shall be scheduled for approval by the Board at a public meeting.
4. Compliance with State Requirements
   • Throughout the procedures outlined in subsections (1), (2), and (3) above, the County shall comply with those requirements set forth in C.R.S. 30-28-133.5, unless the applicant waives one or more of those requirements in writing. Provisions in C.R.S. 30-28-133.5 include requirements regarding (a) the standards and criteria for review and approval, modification, or denial of an application, (b) communication with the applicant regarding any nonconformity between the application and County regulations, (c) the provision of written findings supporting the County’s decision, and (d) requests for redesign of the subdivision.

(e) Requirement for GMQS Allocation or TDRs

An applicant for a subdivision or for a PUD rezoning that would increase development on the property will generally need to apply for a GMQS allocation for the proposed development pursuant to Sec. 2-40-40 or, at the applicant’s option, may purchase transferable development rights pursuant to Sec. 2-40-30 in order to obtain the right to develop single-family homes on proposed lots or parcels located within the Aspen UGB. If the applicant intends to obtain required development rights or additional residential floor area through the purchase of TDRs, the conceptual, detailed, and final plat submissions may be reviewed and approved contingent upon the applicant obtaining the required TDRs prior to application for a building permit. If the applicant intends to obtain required development rights or additional residential floor area by competing for a GMQS allocation, conceptual subdivision review may not occur until the required GMQS allocation has been obtained.

(f) Staff Review and Recommendation

At each stage of the process (conceptual, detailed, and final review), the Community Development Department shall review the application and make a recommendation pursuant to Sec. 2-20-90. The staff recommendation shall be based on the criteria listed in subsection (i) below.

(g) Recommendation by Planning and Zoning Commission

At the conceptual and detailed stages of review, 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 pursuant to the criteria for approval listed in subsection (i) below. 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.

(h) Action by Board

1. Conceptual and Detailed Review
   • At the conceptual and detailed review stage, 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 the application pursuant to the criteria for approval listed in subsection (i) below. A denial of the application shall be in writing, and shall specify the approval criteria that have not been met. Conceptual subdivision or PUD approval by the Board shall not constitute acceptance of any required subsequent submission of detailed subdivision or PUD documents, and detailed subdivision approval by the Board shall not constitute acceptance or approval of the final plat. The Board shall document its decision in a resolution recorded with the County Clerk and Recorder.
2. Final Plat/Plan
   • At the final plat/plan stage, the Board shall review the final plat and/or plan and the staff recommendation, at a public meeting, and shall make a decision to approve, approve with conditions, or deny the application based on compliance with the requirements of this Land Use Code for a final plat or plan and any conditions attached at the time of detailed subdivision or PUD approval. 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. The resolution of approval shall constitute the development permit. The applicant shall record the approved final plat or plan with the Pitkin County Clerk and Recorder within one hundred eighty (180) days after Board approval of the final plat or plan, or the approval of the final plat or plan and related development permit(s) shall expire.

(i) Criteria for Approval

A conceptual or detailed subdivision or PUD application may be recommended for approval and may be approved only if the Board finds that all of the following criteria have been met:

1. The application complies with all applicable provisions of this Land Use Code;
2. The application complies with all applicable Land Use Policies listed in Sec. 1-60;
3. The application complies with all prior development approvals applicable to the subject property;
4. The proposed subdivision is consistent with and implements the intent of the zone district(s) in which it is located;
5. The general layout of lots, roads, driveways, utilities, drainage facilities, and other services within the proposed subdivision or PUD is designed in a way that minimizes the amount of land disturbance, maximizes the amount of open space in the development, preserves existing trees/vegetation and riparian areas, protects critical wildlife habitat, and otherwise accomplishes the purposes and intent of this Land Use Code;
6. The proposed subdivision or PUD will not result in significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation, or such impacts will be substantially mitigated;
7. The proposed subdivision or PUD will not result in significant adverse impacts on adjacent properties, or such impacts will be substantially mitigated;
8. Adequate and sufficient public safety, transportation, utility facilities and services, recreation facilities, parks, and schools are available to serve the property, while maintaining sufficient levels of service to existing development;
9. In addition, a rezoning to a PUD designation shall only be recommended or approved if the Planning and Zoning Commission or the Board of County Commissioners, as applicable, determines that the standard criteria for a rezoning set forth in 2-40-10(c) have been met.

(j) Denial

The denial of a subdivision plat, plan, or agreement shall be based on a failure to conform to the requirements of the adopted resolution, ordinance, or regulation and shall be supported by written findings specifying the provisions that the subdivision plat, plan, or agreement failed to address or satisfy.

(a) General

The Affordable Housing review procedure is an expedited procedure that applies to applications to rezone land to the AH, AH/PUD or MHP zone district. This procedure requires (a) review of conceptual level documents by both staff and the Planning and Zoning Commission and a decision on conceptual level documents by the Board, and (b) review of final plat documents by staff, and approval of those documents by the Board, all as shown in Table 2-1. In order to encourage the construction of affordable housing, no submission of detailed subdivision or PUD documents shall be required between conceptual review and final plat approval.

(b) Pre-Application Meeting

A pre-application meeting pursuant to Sec. 2-20-30 is required prior to submission of conceptual level documents.

(c) Procedures

The procedures for an affordable housing PUD and/or subdivision is the same as that for a PUD and/or subdivision set forth in Sec. 2-40-50, except that all conceptual, detailed, and final subdivision documents shall be submitted with the initial application, and that no separate review, or approval of detailed subdivision documents shall be required between conceptual review and final plan/plat approval for the subdivision. The Community Development Department may require the submission of additional materials between the Board of County Commissioner’s review of the conceptual documents and their review of the final documents. Within one (1) year following conceptual approval of subdivision or PUD documents pursuant to Sec. 2-40-50(d)(2) above, the applicant shall file a final plat and/or final subdivision plan meeting the requirements of Pitkin County Land Use Application Manual, as well as any improvement agreements, development covenants, and/or financial guarantees required by the Community Development Director or County Attorney pursuant to Sec. 2-20-130.

(d) Requirement for GMQS Allocation or TDRs

An applicant for a PUD and/or related subdivision that would increase the supply of affordable housing may be eligible for an exemption from the GMQS system pursuant to Sec. 6-30-40. If that exemption is not applicable, then the applicant will generally need to apply for a GMQS allocation for the proposed lots or parcels pursuant to Sec. 2-40-40 or, at the applicant’s option, may purchase transferable development rights pursuant to Sec. 2-40-30 in order to obtain the right to develop single-family homes on the proposed lots in the Aspen UGB. If the applicant intends to obtain required development rights or additional residential floor area through the purchase of TDRs, the conceptual, and final plat submissions may be reviewed and approved contingent upon the applicant obtaining the required TDRs prior to application for a building permit. If the applicant intends to obtain required development rights or additional residential floor area by competing for a GMQS allocation, conceptual subdivision approval may not be granted until the required GMQS allocation has been obtained.

(e) Criteria for Approval

An affordable housing PUD and/or related subdivision may be recommended for approval by the Planning and Zoning Commission, and may be approved by the Board only if those bodies find that all of the following criteria have been met:

1. The application complies with all applicable provisions of this Land Use Code;
2. The application complies with all applicable Land Use Policies;
3. The application complies with all prior development approvals applicable to the subject property;
4. The proposed subdivision is consistent with and implements the intent of the zone district(s) in which it is located;
5. The general layout of lots, roads, driveways, utilities, drainage facilities, and other services within the proposed subdivision or PUD is designed in a way that minimizes the amount of land disturbance, maximizes the amount of open space in the development, preserves existing trees/vegetation and riparian areas, protects critical wildlife habitat, and otherwise accomplishes the purposes and intent of this Land Use Code;
6. The proposed subdivision or PUD will not result in significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation, or such impacts will be substantially mitigated;
7. Adequate and sufficient public safety, transportation, utility facilities and services, recreation facilities, parks, and schools are available to serve the property, while maintaining sufficient levels of service to existing development;
8. The applicant has submitted signed originals, or photocopies of all recorded documents necessary to restrict occupancy of the specified portion of the project consistent with the requirements of the employee housing guidelines.

(e) Criteria for Approval

An LIR/TR-2 subdivision may be recommended for approval by the Planning and Zoning Commission, and may be approved by the Board only if those bodies find that all of the following criteria have been met:

1. The application complies with all applicable provisions of this Land Use Code;
2. The application complies with all prior development approvals applicable to the subject property;
3. The general layout of lots, roads, driveways, utilities, drainage facilities, and other services within the proposed subdivision is designed in a way that minimizes the amount of land disturbance, maximizes the amount of open space in the development, preserves existing trees/vegetation and riparian areas, protects critical wildlife habitat, and otherwise accomplishes the purposes and intent of this Land Use Code.
4. The proposed subdivision will not result in significant adverse impacts on the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated.
5. Adequate and sufficient public safety, transportation, utility facilities and services, recreation facilities, parks, and schools are available to serve the property, while maintaining sufficient levels of service to existing development.

(a) General

The lot/parcel merger procedure is a One-Step Review procedure to comply with the requirements of C.R.S. § 30-28-139. All mergers of platted lots or parcels shall comply with the following procedures and standards, except that the provisions of subsections (b)(1) through (4) shall not apply. Notwithstanding any other provision of this section, the requirements of subsections (1) and (2) of this section shall not apply to any merger of parcels of land that is requested in writing by each owner of an affected parcel. In addition, all mergers of substandard lots or parcels shall be subject to the provisions of Sec. 9-20-20. Nothing in this section shall be construed to abrogate or otherwise diminish or expand any rights a landowner may have under Article 68 of Title 24, C.R.S., or Sec. 2-20-170 concerning vested property rights.

In the SKI-REC zone district and the P-I zone district, the VLP zone district, and in the PUB zone district when the master plan option is chosen, permitted land uses are established through the approval of a Master Plan pursuant to the Two-Step Review process, in accordance with the standards in this Sec. 2-40-100.

(a) General Standards for Master Plans

Master plans and major amendments to master plans shall comply with the standards in this section. Minor amendments to the VLP and the SKI-REC master plans may be permitted subject to compliance with the standards in Sec. 2-20-150(b). Major amendments to an approved VLP Master Plan are also subject to the Special Review standards in Sec. 2-30-30(h).

1. The time frame of the master plan shall be no less than five (5) years, nor more than ten (10) years. A VLP Master Plan does not have an associated timeframe.
2. Activities that have substantial impact on County or municipal capital facilities, such as increases in the daily ski area capacity, shall be identified;
3. If there is any substantial variance between a proposed activity or development and the actual construction of that activity or development, the proposed activity or development will be subject to an amendment procedure in Sec. 2-20-150 of this Land Use Code;
4. Unless the GMQS, by its terms, is inapplicable to the proposed activity or development, or unless a growth management exemption is obtained at the master plan review stage, a growth management allotment is required for any development to occur;
5. Area and bulk requirements shall be as set forth in the master plan; and
6. The height of principal structures shall not exceed twenty-eight (28) feet, and the height of accessory structures shall not exceed twenty (20) feet unless the master plan demonstrates that the use or building cannot function properly within those limitations, or unless other substantial reasons for exceeding the limitations are demonstrated.

(b) General Guide to Uses in SKI-REC, VLP and P-I Master Plans

1. Although permitted uses for the SKI-REC, VLP, and P-I zone districts are specified in Chapter 4, all such uses are subject to approval through the master plan process, and in the SKI-REC zone district some uses may only be approved on a seasonal basis. The outcome of the master plan review process will be a detailed listing of uses and activities that are allowed all year or during a specific season, uses and activities requiring further review prior to their implementation, and other uses and activities that are prohibited all year or during a specific season. Specific time constraints on certain uses/activities may be imposed.
2. All uses not specifically listed as permitted or special review uses in Chapter 4, or not specifically listed in subsection (c) below, are prohibited. In the SKI-REC zone district, prohibited uses specifically include: (i) retail, office, restaurant or other commercial activities that are not operating directly in support of the operation of the ski area, (ii) dwelling or lodging uses (other than cross country huts and employee housing), (iii) activities not directly in support of and compatible with the operation of the ski area, and (iv) activities that have significant unmitigatable service or environmental impacts.
3. VLP zone district. All uses listed a M (master plan) uses in Table 5-1-A, will be reviewed particularly under the Special Review standards of Section 2-30-30(h) and be subject to limitations and restrictions as a result of this review. Where appropriate, master plan permitted uses may be reviewed on an ongoing basis at an appropriate interval to reassess impacts of the use, development, or activity and to require modification to discontinuation provided that structures with vested property rights shall not be modified or discontinued.

(a) Authority

The Board of Adjustment has the power to grant variances from the strict application of the provisions of the height and yard and road setback provisions of this Land Use Code pursuant to the standards in this section.

(b) Approval Criteria

The Board of Adjustment shall only approve a variance where, by reason of unusual narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of the regulation, or by reason of unusual topographic conditions or other situation or condition of such piece of property, the strict application of the height or yard and road setback regulations of this Land Use Code would result in peculiar practical difficulties to, or undue hardship upon, the owner of such property, and the granting of relief from the strict application of this Land Use Code will not cause substantial detriment to the public good and will not substantially impair the intent and purpose of the Pitkin County Comprehensive Plan and this Land Use Code.

(a) Requirement

Development Exactions and Impact Fees shall be imposed in connection with all development permits, and shall be collected prior to the issuance of any building permit, for all development in unincorporated portions of Pitkin County unless exempted pursuant to Sec. 8-10-20.

(b) Procedures

Prior to the issuance of any building permit for any development in Pitkin County, an applicant shall pay all required development exaction and impact fees.

1. Determination of Exemption
   • As a prerequisite to building permit issuance, any applicant who claims an exemption from development exactions and impact fees pursuant to Sec. 8-10-20 shall request a determination of exemption from the Fee Administrator. The Fee Administrator shall determine whether the applicant qualifies for an exemption based on the standards of Sec. 8-10-20.
2. Calculation of Fees
   • As a prerequisite to building permit issuance, all development not exempted from development exactions and impact fees pursuant to subsection (1) above shall be subject to development exactions and impact fees as set forth in this section. Where the payment of impact fees is required, the applicant shall pay the fee based on the standards of Chapter 8 before applying for a building permit. The Fee Administrator shall issue a calculation of fee determination that contains the total fee obligation or, as provided in Sec. 8-10-50, the Fee Administrator may seek an independent fee calculation. The Fee Administrator may issue advisory calculations of fee determinations prior to building permit application, but such issuance shall be non-binding and advisory in nature.
3. Issuing Credits
   • Upon building permit application, an application may be made to the Fee Administrator for credits against any development exactions or impact fees otherwise due. The Fee Administrator shall determine whether any credits are due pursuant to the standards of Chapter 8.
4. Management of Impact Fee Proceeds
   • All fees collected pursuant to the impact fee schedule shall be maintained and accounted for as provided in Colorado Revised Statutes Title 29, Chapter 1, Part 8 – Land Development Charges. All proceeds shall be used for the construction or acquisition of capital assets with a life span of five (5) or more years.
5. Independent Fee Calculation
   • (a) Exactions Other Than Housing Impact Fee
     • Prior to building permit issuance, an applicant desiring to satisfy development exactions and impact fees through the payment of a fee may submit an independent fee calculation for review by the Fee Administrator. The Fee Administrator may also initiate an independent fee calculation as provided in Sec. 8-10-50. The Fee Administrator shall determine whether the standard fee should be modified based on the standards of Chapter 8 as they apply to that type of fee.

• (b) Housing Impact Fee
  • Except where an impact fee is associated with residential construction or land use, as an alternative to the payment of the calculated impact fee or as a demonstration that the proposed development does not create a level of impact as described or anticipated by this legislation or the studies utilized to support this legislation, a property owner or developer may submit an independent fee calculation for consideration by the Fee Administrator. The Fee Administrator shall not be obligated to adopt the independent fee calculation but shall consider the request consistent with this legislation and the studies that support it. The independent fee calculation, at a minimum, must demonstrate that the development proposed will generate fewer employees than anticipated by this legislation and its support studies. It shall not be grounds for the acceptance of an independent fee calculation based upon the property owner or developer’s belief that they will not require as many employees as assumed within this legislation or its support studies. The independent fee calculation may provide alternative data in consideration of the number of employees generated by the proposed land use, the type of land use that is sought compared to the uses contained within the impact fee schedule legislation, or the occupancy rates for employees in affordable housing units. The decision by the Fee Administrator as to whether or not to accept the independent fee calculation may be appealed to the Board of County Commissioners consistent with the appeal process pursuant to Sec. 2-20-180.

(a) General

Any applicant for a development permit who is adversely affected or aggrieved by a determination by the Hearing Officer or Planning and Zoning Commission, or Community Development Director or Board of County Commissioners, and where such applicant contends that the determination constitutes a taking of all economically beneficial use of private property without just compensation in violation of the United States or Colorado constitutions, the property owner shall, as a prerequisite to appeal or judicial review of the decision, request a hearing pursuant to this section before the Board.

(b) Time-frame for Appeal

An application for a takings determination shall be submitted no later than fifteen (15) working days from the date of decision that the applicant believes constitutes a taking of all economically beneficial use of the property. Within forty-five (45) working days of the receipt of a written request for a hearing pursuant to this section, the Board shall conduct a hearing, and within fifteen (15) working days after such hearing shall render its decision.

(c) Applicability

In the event that a petition is submitted under this section, the County's determination on the underlying application shall not be considered final for purposes of judicial review until the takings determination to be made under this section has been decided by the Board.

(d) Standards

The Board shall determine whether the property owner will be denied all reasonable use and economic return on the property as a result of the questioned determination. If the Board determines that a taking pursuant to that standard has or may occur, it shall take such action as it deems appropriate to remedy the situation. In making its decision the Board shall consider the value of the property as a whole and shall not base its decision on the impact of the regulation on one portion of the ownership interest. In making its determination the Board shall consider the beneficial uses that remain in the property notwithstanding the challenged determination and shall give due consideration to the reasonable investment-backed expectations of the landowner.

(e) Relief

In the event the Board determines that a taking of all economically beneficial use of private property may have occurred, the Board may direct the issuance of a TDR pursuant to Secs. 2-40-30 and 6-70 or may award other relief that would be available pursuant to this Land Use Code.

(a) General. The Open Space Master Plan development approval process is available for any property in any zone district except as limited in Section (b). The intent of this master plan process is to be able to consider development approvals through a modified one-step ordinance process in conjunction with the acquisition of a fee interest or conservation easement by Pitkin County with Open Space and Trails restricted funds.

Development approvals reviewed through this process are granted by the Board of County Commissioners only upon affirmative recommendation of the Open Space and Trails Board and Community Development Department.

(b) Standards for Open Space Preservation Master Plans.

1. Master plan and development approval under this section are available only to properties which reflect the preservation and conservation values identified by the Open Space and Trails Board as stated in their operating policies. This approval process may consider property within incorporated municipalities or outside the boundaries of Pitkin County but development approvals may only be granted for locations in unincorporated Pitkin County.
2. This master plan process is only available on applications initiated by Pitkin County with the consent of the property owner. This master plan process is not available for private party initiated applications. This process may be employed only on parcels of 70 acres or larger.
3. This master plan process is only available for property which Pitkin County is acquiring an interest with Open Space and Trails restricted funds. This acquired interest may be in the form of a fee simple interest or a conservation easement or trail easement.
4. Development approvals granted pursuant to this master plan process may not exceed the density and use limitations of the underlying zoning or the Neighborhood Master Plan for the reviewed property. Siting criteria relating to geologic hazards and steep and potentially unstable slopes may be varied if appropriate. All other siting considerations in Chapter 7 shall apply. Gross floor area shall not exceed 5750 sq. ft. per unit except in exceptional circumstances within the geographic area above the confluence of the Roaring Fork River and Brush Creek, including the East of Aspen, Castle/Maroon, Brush Creek and Owl Creek Planning Areas, as otherwise depicted on the attached map. In exceptional circumstances, the gross floor area may be increased to 8250 sq. ft. provided that a pre-existing TDR will be extinguished as a result. An exceptional circumstance maybe found if all for the following conditions are met:
   • (a) The subject property is outside the Rural and Remote Zone and within the above described area, and
   • (b) The approval of a residential unit in excess of 5750 sq. ft. gross floor area would not:
     1. create significant visual impacts from public roads, public trails, or nearby public lands, or
     2. would not significantly degrade surrounding rural character, and
     3. would not create significant light, air and water pollution, or traffic impacts.
5. This master plan process may extend or establish unique vested rights
6. Master plan and development approvals granted pursuant to this process must result in a significant public benefit and resolve all development and use potential for the subject property held by the contracting party with permanency and be reflected in appropriate approval documents, covenants, or deed restrictions as necessary.
7. Development approvals granted pursuant to this process must balance on-site development, and cash compensation in consideration of any interest acquired in the property by Pitkin County against the monetary value of the property and the conservation and community values related to the property.

(c) Procedure

1. All approvals granted pursuant to this section must first receive an affirmative recommendation from the Community Development Director. This recommendation must consider all development and impacts of development, and the cash compensation paid from Open Space and Trails restricted funds, the property interests acquired by the County, as well as any other aspects of the final disposition of development and use of the property. Once the Open Space Board has agreed that a possible Open Space Master Plan should be devised, the Board shall pay the costs of the Community Development review up until the such point as the County and Landowner have agreed in writing to the basic terms of a Master Plan, including acreage, reserved rights, and public access, if any. Following such written agreement the private party shall pay all costs of the Community Development review. The property owner shall provide the Community development with all information that is relevant or helpful at the discretion of the Community Development Director.
2. Upon an affirmative recommendation from the Community Development Director, the Open Space and Trails Board must endorse and affirmatively recommend the same conditions of the approval as reviewed and recommended by the Community Development Director.
3. Following affirmative recommendations for approval from the Community Development Director and the Open Space and Trails Board, the Board of County Commissioners shall finally consider and approve or deny, by majority vote of the Board, any requested reviews pursuant to this section. The Board of County Commissioners review approval process shall be by ordinance as that process is described in the Home Rule Charter at Section 2.8.1. The Board of County Commissioners can only approve the exact recommendation made by the Community Development Director and Open Space and Trails Board. If the Board of County Commissioners desires to amend or change any aspect of the proposed approval contrary to the recommendations of the Community Development Director and Open Space and Trails Board, the application, in its entirety must be referred back to those two reviewing bodies for affirmative recommendation.
4. All approvals granted by the Board of County Commissioners pursuant to this section shall be contingent upon the closing of a contract for acquisition of a property interest in the subject property by Pitkin County.
5. Representations and opinions expressed by the County, its departments or Boards, during this review process are not determinative or applicable to any other Land Use Code review processes.