(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:
(f) 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.
(g) Vested Right
A final subdivision plat is a Site Specific Development Plan, as defined in Sec. 2-20-170(b), and shall result in the establishment of a vested right. A final PUD plan is a Site Specific Development Plan, as defined in Sec. 2-20-170(b), and shall result in the establishment of a vested right.
(h) Appeal
Decisions made pursuant to the affordable housing PUD and subdivision review process may be appealed to those bodies identified in Table 2-1 pursuant to Sec. 2-20-180.