2-40-50 Subdivision and PUB Review Procedures

(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.

(k) When Effective

A subdivision or PUD rezoning shall not be effective until a final plat has been recorded.