HomeMy WebLinkAbout0.8.07 PUD Processing4.08 PUD PROCESSING
4.08.01 The approval of a PUD constitutes a Zone District Amendment. An application for subdivision Preliminary Plan may
be considered simultaneously with the PUD application; however, the PUD zoning decision shall be made prior to the
subdivision Preliminary Plan decision. A PUD is established by rezoning an area in an existing zone district to PUD,
pursuant to the provisions of this Zoning Resolution and may include an application to subdivide the property,
consistent with all applicable provisions of Title 30, Article 28 and Title 24, Article 67, C.R.S. and Section 3:00 of
the Garfield County Subdivision Regulations of 1984, as amended. The County Commissioners are hereby declared
to be the board authorized to review PUD applications pursuant to Section 24-67-104 (1)(c), C.R.S. Each PUD
application shall be reviewed and approved, disapproved or conditionally approved by the County Commissioners
within one hundred twenty (120) days of its determination of technical compliance by the Planning Department. The
approved PUD zoning and the approved PUD Plan are inseparable and a PUD shall not be established without the
approval of the related PUD Plan. The approved PUD zoning and the approved PUD Plan together establish the uses
permitted in lieu of the zone district regulations which were theretofore applicable. If PUD and Subdivision
Preliminary Plan are considered simultaneously, the approved Preliminary Plan must include the entire PUD.
Subsequent final plats may be phased, in accordance with the approved phasing plan. (A. 97-109)
The above -referenced one hundred twenty (120) day period shall commence when the Planning Department
determines the PUD application to be in technical compliance with all information required by applicable rules and
regulations.
The Planning Department shall review the PUD application for technical compliance with all information required by
applicable rules and regulations within thirty (30) working days of submittal.
If, due to the scope of the application, the workload imposed by other pending applications or for any other
reasonable cause the Planning Department is unable to complete the review within the time stated above, the Planning
Department may request an extension of time from the Board of County Commissioners for such review not to exceed
an additional thirty (30) working days.
If the Planning Department determines the application is not in technical compliance, the Planning Department shall
notify the applicant in writing of any additional information needed for technical compliance and the application shall
be suspended in the review process until such information is provided.
Following receipt of a noncompliance letter, an applicant may request a conference with the Planning Department to
review the identified deficiencies. Such conference shall be scheduled at a reasonable time following the date of the
noncompliance letter but in any event not later than ten (10) working days after such receipt, unless an extension of
time is mutually agreed upon by the applicant and the Planning Department.
Following the receipt of a noncompliance letter, an applicant may furnish additional information to remedy any
identified deficiency. Based on such additional information, the Planning Department then shall determine whether
the deficiency in question has been remedied or not. A written notice of such a determination shall be sent to the
applicant not later than ten (10) working days after receipt of the additional information, unless an extension of time
is mutually agreed upon by the applicant and the Planning Department.
An applicant may appeal to the Garfield County Zoning Board of Adjustment for a determination of technical
compliance at any time in accordance with Sections 9.0401 and 9.04.02 of the Garfield County Zoning Resolution.
An applicant shall have six (6) months after the date of the noncompliance letter to remedy any deficiency and, if not
provided within such time, the application will be considered terminated.
A determination of technical compliance by the Planning Department shall not be deemed a recommendation of
approval, a finding of adequacy of the application or a finding of general compliance with any goal or objective of
this resolution.
The express intention of this section is to process only PUD applications in technical compliance with all information
required by applicable rules and regulations; however, the Planning Department reserves the right to request
additional, pertinent information throughout the PUD review process.
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If an amendment to the Master/Comprehensive Plan is proposed as a part of the PUD application, then the Planning
Commission shall take action on the proposed amendment to the Master/Comprehensive Plan prior to the PUD
application. The Planning Commission's action on an amendment to the Master/Comprehensive Plan shall be after a
public hearing, with at least fifteen (15) days notice, in at least one newspaper of general circulation in the County,
and may be considered at the same meeting that the PUD application is considered. (A. 97-109 & A. 2000-68)
The applicant requests that the 30 dayCompleteness review be initiated with the submission of
this application as dated on the transmittal letter accompanying these documents. An application
to amend the Comprehensive Plan has been included with this application and is requested to be
processed simultaneously with this PUD application. After approval of the proposed
Comprehensive Plan amendment, the proposed Reserve at Elk Meadows PUD will be in
substantial conformance with the Garfield County Comprehensive Plan for Study Area One.
4.08.02 An applicant may process their application for PUD zoning under this Zoning Resolution separate from and in
advance of their application or applications for subdivision platting under the Garfield County Subdivision
Regulations.
The Applicant requests that a Subdivision Sketch Plan review be processed simultaneously with
this application for planned unit development zoning. The Sketch Plan Application is included
and immediately follows this PUD application. Most requirements of the Subdivision Sketch Plan
submission are met by this PUD application and the reader is referred back to those sections in
the PUD application when appropriate.
4.08.03 The plan shall show where within the PUD each type of use will be located and shall indicate the total acreage which
will be devoted to each use, where no subdivision of the property is proposed as a part of the PUD. The precise
location of each use and the location of lots, blocks or otherarcels within each area devoted to each use shall be
shown as that area is subdivided and platted in accordance with the Garfield County Subdivision Regulations. (A. 79-
132, A. 97-109)
Please refer to Section 4.08.05, (2) - PUD Plan, to review the location of the proposed uses and a
summary of the acreages associated with the proposed zone districts.
4.08.04 The uses by right, conditional uses, minimum lot area, maximum lot coverage, minimum setbacks, maximum height
of buildings, and all other use and occupancy restrictions applicable to any area zoned as PUD shall be those which
are approved by the County Commissioners at the time such area is so zoned.
Please refer to Section 4.08.05 (2) h — Zone District Regulations for a detailed listing of the criteria
governing each type of proposed land use.
4.08.05 Where a Preliminary Plan application is included with a PUD application the Subdivision Regulation requirements
will supersede the following PUD requirements where the same information or more detailed information is required
as a part of a subdivision application. applicant shall include with the written request for PUD zoning which
does not include a subdivision Preliminary Plan application the following information:
A Preliminary Plan application is not included as a part of this application. The Preliminary Plan
will be processed separately from and subsequent to the approval of this PUD application.
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