Embedded Files
(a) General
The LIR/TR-2 district subdivision review procedure is an expedited approval procedure that applies only within the LIR or TR-2 zone districts to applications for a cluster option development.
(b) Pre-Application Meeting
A pre-application meeting pursuant to Sec. 2-20-30 is required prior to submission of detailed and final documents.
(c) Procedures
Applications for approval of LIR/TR-2 cluster option subdivisions shall comply with the provisions of Sec. 2-40-50 applicable to other subdivisions except that approval of the subdivision shall only require a single review of conceptual, detailed and final subdivision documents by the Planning and Zoning Commission, and a single decision on those consolidated submissions by the Board, as shown in Table 2-1.
The applicant shall be required to make a single submission of documents satisfying the requirements for both conceptual, detailed subdivision and final plat documents, 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. At the applicant’s option, conceptual, detailed, and final plat documents may be completed separately following the procedures of Secs. 2-40-50 or 2-40-60, but all other provisions of this Sec. 2-40-70 shall apply.
(d) Requirement for GMQS Allocation or TDRs in LIR/TR2 District
If the applicant applies for development under the LIR cluster or TR-2 development option described in Sec. 3-40-50(d) or 3-40-70(d), the development shall be eligible for a GMQS exemption pursuant to Sec. 6-30-80, If the applicant does not submit an application consistent with the cluster development option, 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, if the property is located in the Aspen UGB, 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. If the applicant intends to obtain required development rights or additional floor area through the purchase of TDRs, the LIR/TR-2 subdivision application 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, the LIR/TR-2 subdivision application may not be reviewed until the required GMQS allocation has been obtained.
(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:
- The application complies with all applicable provisions of this Land Use Code;
- The application complies with all prior development approvals applicable to the subject property;
- 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.
- 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.
- 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.
(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.
(h) Appeal
Decisions made pursuant to the LIR/TR-2 subdivision review process may be appealed to those bodies identified in Table 2-1 pursuant to Sec. 2-20-180.
Report abuse