HomeMy WebLinkAboutagenda.council.worksession.20080519MEMORANDUM
TO: Mayor Ireland and Aspen City Council
FROM: Jessica Garrow, Long Range Planner
THRU: Chris Bendon, Community Development Director ~~
RE: Council Work Session -Multi-Family Replacement Program
(combining condos)
DATE OF MEMO: May 13, 2008
MEETING DATE: May 19, 2008, S:OOpm
REQUEST OF COUNCIL: There is no formal action requested at this time. The purpose of
this meeting is to provide an overview of the history of the Multi-Family Replacement Program,
as well as the programs intents and applicability.
DISCUSSION: City Council has been approached by private land owners to initiate code
amendments that would permit the combining of multi-family units with less mitigation than is
currently required, or with no mitigation. The sections below outline the impetus behind the
program and program's history.
Multi-Family Replacement Program History: Since the 1970s, the City of Aspen has
attempted to regulate the loss of free-market housing that is attainable for low and moderate
income individuals. Originally this was done through the condominiumization regulations,
which required an owner who wanted to condominiumize their property to show that the
condominiumization would not result in a reduction of the supply of low and moderate income
housing.
The Multi-Family Replacement program as we know it today originated in 1988 through
Ordinance 47, Series of 1988 after City Council and City Planning Staff became concerned that
the demolition of existing free-market residential dwelling units was resulting in the exclusion of
working residents from the City's neighborhoods. The City Council at the time recognized that
Aspen's neighborhoods were comprised of a mix of different housing types that served many of
Aspen's working residents. They also recognized that Aspen's attractiveness as a resort and
second home mazket placed pressure on older homes and condominiums to be redeveloped to
serve these needs, rather than to continue to provide housing that was attainable by locals.
In an effort to preserve the housing inventory and provide dispersed housing opportunities in
Aspen, the program regulates the combination and demolition of multi-family dwelling units.
The program is triggered any time construction, remodeling, or demolition results in the loss of a
multi-family unit. The Aspen Area Community Plan establishes a goal of providing affordable
housing for working residents by both the public and private sector. The multi-family
Page 1 of 3
replacement program ensures that the private sector maintains an active role in providing
housing that is affordable for local workers, and ensures a housing shortfall will not result from
the destruction of existing units that have or do serve local residents.
Legislative History: Ordinance 47, Series of 1988 created the Multi-Family Housing Program,
which required that an applicant replace 50% of the units and 25% of the bedrooms as affordable
housing. The units were required to be placed on the same site on which demolition occurred,
unless it could be demonstrated that the replacement on-site would be incompatible with adopted
neighborhood plans or would be an inappropriate planning solution given the site's physical
constraints. This location requirement has not been altered, and remains in effect today.
In 1990, the program was amended by Ordinance 1, Series of 1990, to require replacement of
50% of the square footage of net residential area demolished, and 50% of the bedrooms
demolished. The Ordinance also added a new provision that required 50% of the replacement
housing to be above natural grade.
The next revision to the program came in 2003 with Ordinance 51, Series of 2003. The location
requirement remained the same, but the requirement that 50% of the replacement housing be
above natural grade was eliminated (this requirement was added back in by Ordinance 12, Series
2005). Ordinance 51, Series of 2003 amended the replacement requirements to provide three (3)
options for homeowners to replace multi-family housing they wished to demolish:
1. 100% Replacement Without Unit Expansion -This requirement allowed an
applicant to replace exactly what was demolished (i.e. a 1-bedroom is replaced with a
1-bedroom, etc), and did not permit an expansion in the amount of net livable azea.
This option did not require any affordable housing mitigation; or,
2. 100% Replacement With Unit Expansion -This requirement allowed an applicant
to replace 100% of the units and bedrooms demolished (same as above), and allowed
the net livable area to increase only if affordable housing was provided equal to the
expansion of net livable azea (i.e. if the applicant wanted to expand the original net
livable area by 15%, then they would need to provide 15% of the original units,
bedrooms, and net livable azea as affordable housing); or,
3. 50% Replacement -This requirement allowed an applicant to demolish dwelling
units and replace 50% of the units, bedrooms, and net livable azea as affordable
housing. For example, if two 2-bedroom units in 2000 total net livable space were
demolished, this would be replaced by one 1-bedroom deed-restricted unit in 1000 sq.
ft. of net livable space. Any new free-mazket residential units were required to be
mitigated for through the regulaz growth management process (i.e. 30% of the net
livable expansion).
The discussion leading up to the adoption of Ordinance 51, Series of 2003 focused on the
importance of maintaining density on parcels that underwent demolition of their multi-family
units. This was the reasoning behind adding the Option 1, above (100% Replacement Without
Unit Expansion). No projects were ever submitted under this provision. The 50% replacement
Page 2 of 3
program requirements were amended to include units, again to maintain density on pazcels
undergoing multi-family dwelling unit demolition.
Current Multi-Family Replacement Provisions: As part of the recent Land Use moratorium,
City Council amended the program with Ordinance 14, Series of 2007. This Ordinance
eliminated Option 1, above (100% Replacement Without Unit Expansion), and amended the
requirements for replacement of demolished multi-family housing. The Ordinance also moved
the Multi-Family Replacement program to the Growth Management section of the Land Use
Code. Thete aze now two options for Multi-Family Replacement, neither of which permits a
net loss of density:
1. Replace all the former units as RO units and expand the remainder of the project with no
mitigation; or,
2. Replace half of the former units with Category units and mitigate for any expansion.
Previously, the program consisted of an administrative review. With the recent code changes,
Council amended the program to require review by the Planning and Zoning Commission. In
addition, the combination, conversion, or demolition ofmulti-family units cannot result in a loss
of density (number of units) between the existing development and the proposed development.
The previous version of the program permitted acash-in-lieu payment for a fraction of a unit by
right. This ordinance eliminated this provision, replacing it with a requirement that City Council
approve all cash-in-lieu payments.
STAFF RECOMMENDATION:
Staff does not recommend any changes be made to the Multi-Family Replacement program.
This is a long standing program that is a cornerstone to maintaining housing choice and housing
stock diversity in Aspen. The Multi-Family Replacement Program is a status quo program in
that it focuses on maintaining the existing housing stock that has housed a local worker. This is
in contrast to the Growth Management System, which focuses on new affordable housing to
mitigate for the impacts of new commercial and free-mazket residential development. While the
program has received minor modifications over the years, it continues to address the same
problems the community faced 20 years ago, that is the attractiveness converting existing multi-
familyunits into tourist accommodations or second homes at the expense of worker housing.
Page 3 of 3
a) The proposed 'ts comply
Housing A ority. A recon
Authori shall be requue <
Aut ty may choose oli
Nrt he Guidelines of the Aspen/Pitki County
ndation from the spen/Pitkin Co Housing
tpis standard. g e Aspen/Pitkin ty Housin~
a ublic he wrth the Board Directors.
b) ~kffordable Housi required for mill ion purposes
actual newly b t units or buy-do units. Off-sit
within the of Aspen city its. Units out ' e
accepted mitigation by th ity Council, p uant
mitiga ' n requirement is 1 than one full u ' , a cast
acc led by the Planni and Zoning C fission
m the Asnen/Pitki ounty Housine thority. If tt
'is one or more unit a cash-in-lieu pa
pursuant to Se on 26.470.090.
provided thro h a mix of these ethoc
c) Each uni rovided shall be esigned s
(50) p ent or more of unit's Net
Fini ed Grade wtuche r is higher. ~
lent shall
Required
sl}~Il be in the fo of
/orals shall be ovided
the city li may be
to 26.470 0.2. If the
-in-lie ayment may be
ipo a recommendation
itigation requirement
e City Council approval,
dable housing rryty be
the finished floor vel of fifty
Area is at or ove Natural or
d) ~ie proposed units all be deed tricted as "for sale" 'ts and transferred to
qualified porch rs according the Aspen/Pitkin unty Housing Authority
Guidelines. T owner may a entitled to select first purchasers, subj to
the aforem Toned quali ations, with approv from the Aspen/Pitkin ounty
Housin uthority. a deed restriction all authorize the As n/Pitkin
Coon Housing A ority or the City o spen to own the unit d rent it to
qu fled renters defined in the Affo able Housing Guideline established by
Aspen/Pit ' County Housing ority, as amended.
The prop d units may be ren units, including but n invited to rental un'
owned an employer or no profit organization, if gal instrument in rrn
acce able to the City A rney ensures penman affordability oft units.
City encourages of rdable housing units r uired for lodge dev opment to
e rental units assoc' ed with the lodge op lion and contribut' to the long-
term viability of odge.
Units owned b he Aspen/Pitkin Co Housing Autho ' ,the City of As n,
Pitkin Co , or other similar ernmental or qu '-municipal agen shall
not be subs ct to this mandatory for-sale" provision.
•-----~~
S. Demolition or Redevelopment of Multi-Family Housing. The City of Aspen's
neighborhoods have traditionally been comprised of a mix of housing types, including
those affordable by its working residents. However, because of Aspen's attractiveness as a
resort environment, and because of the physical constraints of the upper Roaring Fork
Valley, there is constant pressure for the redevelopment of dwellings currently providing
resident housing for tourist and second home use. Such redevelopment results in the
displacement of individuals and families who aze an integral part of the Aspen work force.
Given the extremely high cost of and demand for market-rate housing, resident housing
City of Aspen Land Use Code. August, 2007.
Part 400, Page 135
opportunities for displaced working residents, which are now minimal, will continue to
decrease.
Preservation of the housing inventory and provision of dispersed housing opportunities in
Aspen have been long-standing planning goals of the community. Achievement of these
goals will serve to promote a socially and economically balanced community, limit the
number of individuals who face a long and sometimes dangerous commute on State
Highway 82, reduce the air pollution effects of commuting, and prevent exclusion of
working residents from the city's neighborhoods.
The Aspen Area Community Plan established a goal that affordable housing for working
residents be provided by both the public and private sectors. The City and the Aspen/Pitkin
County Housing Authority, has provided affordable housing both within and adjacent to the
city limits. The private sector has also provided affordable housing. Nevertheless, as a
result of the replacement of resident housing with second homes and tourist
accommodations, and the steady increase in the size of the workforce required to assure the
continued viability of Aspen area businesses and Aspen's tourist based economy, the City
has found it necessary, in concert with other regulations, to adopt limitations on the
combining, demolition, or conversion of existing multi-family housing in order to minimize
the displacement of working residents, to insure that the private sector maintains its role in
the provision of resident housing, and to prevent a housing shortfall from occurring.
The combining, demolition, conversion, or redevelopment of multi-family housing shall be
approved, approved with conditions, or denied by the Planning and Zoning Commission
based on compliance with the following requirements: (See definition of Demolition.)
1. Requirements for Combining, Demolishing, Converting, or Redeveloping Free-
Market Multi-Family Housing Units: Only one of the following two options is
required to be met when combining, demolishing, converting, or redeveloping afree-
mazket multi-family residential property. To ensure the continued vitality of the
community and a critical mass of local working residents, no net loss of density (total
number of units) between the existing development and proposed development shall be
allowed.
a. One-Hundred Percent Replacement. In the event of the demolition of free-
market multi-family housing, the applicant shall have the option to construct
replacement housing consisting of no less than one-hundred (100) percent of the
number of units, bedrooms, and Net Livable Area demolished. The replacement
units shall be deed restricted as Resident Occupied affordable housing, pursuant
to the Guidelines of the Aspen/Pitkin County Housing Authority. An applicant
may choose to provide mitigation units at a lower Category designation. Each
replacement unit shall be approved pursuant to Section 26.470.070.4 -
Affordable Housing.
When this one-hundred (100) percent standazd is accomplished, the remaining
development on the site may be free-mazket residential development with no
City of Aspen Land Use Code. August, 2007.
Part 400, Page 136
additional affordable housing mitigation required as long as there is no increase
in the number of free-mazket residential units on the parcel. Free-market units in
excess of the total number originally on the parcel shall be reviewed pursuant to
Section 26.470.070.3 -Expansion of Free-Mazket Residential Units within a
Multi-Family or Mixed-Use Development.
b. Fifty Percent Replacement. In the event of the demolition offree-market multi-
family housing and replacement of less than one-hundred (100) percent of the
number of previous units, bedrooms, or Net Livable Area as described above,
the applicant shall be required to construct affordable housing consisting of no
less than fifty (50) percent of the number of units, bedrooms, and the Net
Livable Area demolished. The replacement units shall be deed restricted as
Category 4 housing, pursuant to the Guidelines of the Aspen/Pitkin County
Housing Authority. An applicant may choose to provide mitigation units at a
lower Category designation. Each replacement unit shall be approved pursuant
to Section 26.470.070.4 -Affordable Housing.
When this fifty (50) percent standazd is accomplished, the remaining
development on the site may be free-mazket residential development as long as
additional affordable housing mitigation is provided pursuant to Section
26.470.070.3 -Expansion of Free-Mazket Residential Units within aMulti-
Family or Mixed-Use Project, and there is no increase in the number of free-
market residential units on the pazcel. Free-market units in excess of the total
number originally on the parcel shall be reviewed pursuant to Section
26.470.080.2 -New Free-Mazket Residential Units within aMulti-Family or
Mixed-Use Project.
2. Requirements for Demolishing Affordable Multi-Family Housing Units: In the
event a project proposes to demolish or replace existing deed restricted affordable
housing units, the redevelopment may increase or decrease the number of units,
bedrooms, or Net Livable Area such that there is no decrease in the total number of
employees housed by the existing units. The overall number of replacement units, unit
sizes, bedrooms, and category of the units shall be reviewed by the Aspen/Pitkin
County Housing Authority and a recommendation forwarded to the Planning and
Zoning Commission.
3. Fractional Unit Requirement. When the affordable housing replacement
requirement of this section involves a fraction of a unit, cash-in-lieu may be provided
only upon the review and approval of the City Council, to meet the fractional
requirement only, pursuant to Section 26.470.090.3. - Provision of Required
Affordable Housing via aCash-in-Lieu Payment
4. Location Requirement. Multi-family replacement units, both free-mazket and
affordable, shall be developed on the same site on which demolition has occurred,
unless the owner shall demonstrate and the Planning and Zoning Commission
City of Aspen Land Use Code. August, 2007.
Part 400, Page 137
determines that replacement of the units on-site would be in conflict with the pazcel's
zoning or would be an inappropriate solution due to the site's physical constraints.
When either of the above circumstances result, the owner shall replace the maximum
number of units on-site which the Planning and Zoning Commission determines that
the site can accommodate and may replace the remaining units off-site, at a location
determined acceptable to the Planning and Zoning Commission. A recommendation
from the Aspen/Pitkin County Housing Authority shall be considered for this standard.
5. Timing Requirement. Any replacement units required to be deed restricted as
affordable housing shall be issued a Certificate of Occupancy, according to the
Building Department, and be available for occupancy at the same time as, or prior to,
any redeveloped free-mazket units, regazdless of whether the replacement units aze built
on-site or off-site.
6. Redevelopment Agreement. The applicant and the City of Aspen shall enter into a
redevelopment agreement that specifies the manner in which the applicant shall adhere
to the approvals granted pursuant to this Section and penalties for non-compliance. The
agreement shall be recorded prior to application for a demolition permit may be
accepted by the City.
7. Growth Manaeement Allotments. The existing number of free-market residential
units, prior to demolition, may be replaced exempt from growth management, provided
the units conform to the provisions of this Section. The redevelopment credits shall not
be transferable sepazate from the property unless permitted as described above in
Location Requirement.
26.470.080 MajoyPfanning and
The fol~ng types of
shall approved,
by the Plannin and Zoning mmission, pursua
res for Rev' ,and the crit for each type of
as note all growth m ement applicatio shall
ne of Section 2 0.050. Except noted,
n growth mana ent approvals sh e deducted
ment Allotme and Development tling Levels. ,
or New
a or com
new ommerciai
ap ved, approved
based on General Re
The
~l portion of a mi d-use
~r commercial ion of a
itions, or de ' by the Plaz
outlined ~ ection 26.470!Q
yt~to Section 26. .060,
elopment desc ' d below.
comply ~ the General
all Pl ng and Zo
fro a respective ual
xpansi of an exist
n the develop of
. -use buildin all be
and Zonin ommission
City of Aspen Land Use Code. August, 2007.
Part 400, Page 138
MEMORANDUM
TO: Mayor Ireland and City Council
FROM: Chris Bendon, Community Development Director
RE: Council Work Session -Development Pacing System
a.k.a "Downstream" Growth management System
DATE OF MEMO: May 14, 2008
MEETING DATE: May 19, 2008
REQUEST OF COUNCIL: There is no formal action requested at this time. The purpose of
this meeting is to provide an overview of staff s previous analysis on managing the pace of
redevelopment through a limitation on building permits.
DISCUSSION: Attached is a memo prepared by staff during the '06-07 land use moratorium.
At the time, City Council had reviewed vazious public policy options and requested staff draft
legislation on one of the options. This was done primarily to foster additional Council discussion
on the merits of pursuing a downstream growth management system. The additional discussion
resulted in not pursuing a downstream system and a focus on amendments to the existing growth
management system.
Staff has not made any amendments to the legislation that was drafted. Staff will use the draft as
well as the process charts to facilitate Council's discussion. Additional versions of the
legislation can be prepazed at Council's option.
ATTACHMENT:
A - "Upstream" and "Downstream" Growth Management System charts
B -January 29 & 30, 2007 Development pacing memo and draft legislation
Page 1 of 1
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MEMORANDUM
TO: Mayor Helen Klanderud and Aspen City Council
Aspen Planning and Zoning Commission
FROM: Chris Bendon, Community Development Director
Jennifer Phelan, Senior Long Range Planner
RE: Land Use Work Session -Development Pacing System
MEETING
DATES: January 29`h and 30`h, 2007. 5 pm
SUMMARY:
For the work sessions on Monday and Tuesday, staff is recommending the following
schedule:
1. Development Pacing System. This will cover topics of what types of development
are included in the pacing system, the process For gaining an approval, timeframes
for applying for a building permit, etc. This memo specifically covers the
Development Pacing System.
Objective scoringsystem for growth management allotments. This will cover the
process by which new growth projects are first reviewed for substantive aspects
(height, mass, mitigation, etc.) and then ranked on a set of community objectives
prior to gaining allotments. Please refer to the Growth Management Memo and
draft legislation.
3. The multi-family housing replacement policy. This will cover how the
replacement policy has been integrated into growth management and the
requirements for expanding amulti-family building. Please refer to the Growth
Management memo and draft legislation.
Draft Legislation:
The proposed legislation is in draft form and is a work in progress. There are citations
that are not complete, for example 26.475.###. There is text that is highlighted for one
reason or another. There aze new terms used and occasionally the terms aze not used
consistently. There are likely grammatical errors, etc. These will be corrected as the
legislation moves forward.
The legislation is also being used to facilitate policy discussion. In many circumstances,
the proposed legislation is in response to City Council directing staff to explore a certain
concept. In other words just because it apneazs in the draft legislation does not mean
City Council has made a formal decision to implement a particulaz policy.
Development Pacing System Memo -January 29`h and 30`h Draft. Page 1
Where would the Development Pacing Svstem be in the review process?
The Development Pacing System (DPS) ~ 5~;~
would occur just prior to submission of a ~ ""' ~„„,~,,,
building permit, after all substantive
reviews of a project are complete. The ~/~~
current system allows a project to proceed \~ rj
directly to the building permit stage once i
substantive reviews are complete. With ~ ~~
this new system, a "reservation" would be
required to submit for permit, so that the ~ ~~
amount of construction occurring in the
city at any one time is paced. ~
No Fpeen~Yr-/ 6'^Y^'6Rmii
~ Submivm
New Terms:
The new chapter is called the Development Pacing Svstem. In certain places it is referred
to as the DPS.
Reservations are used to pace building permits. An actual reservation would be a
document issued for the development by the city and this document would need to
accompany the building permit for it to be accepted by the building department. There is
a proposed Lottery for the issuance of reservations. This lottery would be random and
likely involve drawing from a hat or a similar process. There are Annual Reservation
Limits and Quarterl~Reservation Limits which specify the number of reservations
available in a given yeaz or quarter.
Numbered Staff Comments on Development Pacing Svstem
The draft legislation contains colored numbers in the margin. These aze to bring
attention to sections of the legislation for Council's review. The number relates to
the Following numbered list of staff comments.
Applicability -The types of development to .which the Development Pacing System
applies was a discussion point at the previous work session. City Council directed staff to
present the potential legislation for consideration. Staff will note that some concerns
about the applicability may be lessened by other sections on the lottery and appeals.
The first three applicability sections parallel the replacement requirements for
single-family and duplex development that are in the growth management
chapter. The Pacing System would apply to "scrape and replace" projects,
development on existing townsite lots, and development on lot split pazcels
(which have been traditionally been treated as existing townsite lots).
2. Section A.4 would affect all existing platted lots. For example, Mazoon Creek
Club, Highlands, Moore PUD, Fox Crossing. These types of parcels have
Development Pacing System Memo -January 29th and 30th Draft. Page 2
already been through a growth management review (as a subdivision) and
have received a Development Order.
3. Provision A.5 would apply the pacing system to significant remodels. This
term would need to be defined as well as a system to address change orders
for projects that are initially small remodels and "grow" into lazger remodels.
4. The DPS would apply to Multi-Family development. This section also
references the replacement requirements in growth management.
5. The DPS would apply to commercial, lodging, and mixed-use development.
6. The exemptions section could be used to rewazd exemplary projects.
Councilmember Johnson raised this potential at the previous work session.
For example, a project scoring a certain amount in growth management or
comprised of a certain mix of uses could be exempted from the DPS. If a
policy of rewazding exemplary projects by exempting them from the DPS is
desired, then staff suggests using this section to implement such a policy.
General Provisions -This section of provisions addresses basic rules of the pacing
system. Notes 7 through 10 cover such items as how long a reservation is valid.
7. This section prescribes the length of time a reservation is valid. A short
timeframe would probably reduce the amount of speculation -applicants
applying for a reservation with no real intent of development. On the other
hand, a short reservation timeframe could complicate an applicant's ability to
prepare the necessary documents for permit application (such as construction
drawings).
8. The ability to extend a reservation may alleviate some of the concern of point
#7. The ability for City Council to extend a reservation for any amount of
time (bank a reservation) may alleviate concerns about being "forced" to
redevelop. Banking of reservations, if done with regularity, may also run
counter to the purpose of the DPS by allowing construction impacts to
accumulate
9. This section requires all land use approvals to be obtained prior to application
for a reservation.
10. This section prohibits the exchange of reservations. The second pazagraph is
recommended if the DPS applies to platted subdivisions. The reasons being
that allowing reservations to be exchanged within a subdivision may facilitate
a more logical sequence of development and may reduce impacts on the
surrounding neighborhood.
Development Pacing System Memo -January 29`h and 30`h Draft. Page 3
Single-Fami[y and Duplex Development -Notes 11 through 14 are options for the pace
and distribution of reservations for single-family and duplex development. There aze two
variables: city-wide versus by neighborhood and a 1% rate versus a 2% rate used in the
draft. Options 3 and 4 are simpler than optionsl and 2.
11. Option 1 disperses the allotments by neighborhood and has an overa112% rate.
12. Option 2 is also by neighborhood but uses a 1% rate. Due to the limited
number of reservations available, this would work best with a bi-annual
application system.
13. Option #3 uses a 1 % rate on a city-wide basis, not by neighborhood.
14. Option #4 is the same as #3 but uses s 2% rate of construction.
Commercial, Mixed-Use, LodEin,2. Multi-Family, and Public Development -Notes 15
through 20 aze options For the distribution of reservations for all development that is not
single-family/duplex. Staff suggests lumping these types of uses together as the impacts
from these projects are very similaz, regardless of the use, and these types of projects all
have a size component to them -the lazger the project, the greater the impact and the
longer construction will take.
15. Option #1 treats all construction equally, regazdless of location or use. This
strategy targets the amount of construction impact within the community.
Notes 16 through IS address the mechanics of accounting. Staff is
recommending a system whereby future reservations aze lessened by large
projects. This is recommended in all three options. Staff feels this strategy is
more equitable than having one project take all the reservations is a particulaz
quarter and a more accurate representation of the timeline associated with
large projects.
16. The proposed system for commercial, lodging, and mixed-use is based on
square footage (not units). This section addresses how square footage is
"converted" to reservations.
17. This section allows reservations to "carry-forwazd" to the next quarter if not
used. The carry-forward is limited to the calendar yeaz and the accumulation
could not grow over several years and become a lazge amount of construction.
18. This section addresses how lazge projects that take several quarters (and
sometime several yeazs) to build would be accounted for in the DPS. Staff is
recommending a system whereby the number of reservations available in
future quarters is reduced according to the size of the project. The chart is one
proposed way of doing this.
19. Option #2 would disperse construction between five neighborhoods. This
system would focus on the amount of construction in any one location but
Development Pacing System Memo -January 29`h and 30`h Draft. Page 4
would not allow for the lack of construction in one area to be "moved" to
another azea. For example, if there were no projects in the lower Mill Street
azea the extra construction "capacity" could not be used to develop on Main
Street.
20. Option #3 is similar to #2, but manages the amount of construction by use.
Again, the lack of activity in one use type could not be transferred or moved
to another use type. For example, if there aze no public projects the extra
construction "capacity" could not be used to develop a lodge.
Lottery Process - In previous work sessions, Council directed staff to develop a
"mechanical -lottery" system for the issuance of reservations. This was advised as the
most simple and equitable system. Notes 21 through 23 address the procedures for
granting reservations.
21. Section A describes the schedule for applying for development reservations.
22. This section C describes the random lottery process.
23. Section D provides a priority status for apnlicants who have not won the
lottery in several consecutive tries. This section also addresses how to handle
multiple priority requests.
Anneals -Every Chapter of the Land Use Code has a process for appeals. In this case,
staff is recommending two types of appeals, both of which would be directly to City
Council.
24. This last section on appeals provide for administrative relief from either the
random lottery process or a situation where a hardship exists.
Background Information - At the last week's work session, Council requested a
summary of some of the data that staff has provided as it relates to development
occurring within Aspen. Below, a number of tables aze provided as they relate to building
permits being issued, the types and numbers of lots existing in the community, the
amount of square footage currently existing by category, and development that has been
approved or is currently in the development review process.
As shown in table 1, total building permit issuance for single-family and duplex
development was at its lowest numbers in 2002 with a total of 16 permits being issued for
individual lots. After 2002, the rate at which building permits were issued steadily
increased. If a pacing system is developed for single-family and duplex development at a
one percent rate of growth, the sixteen reservations will be the same as the number of
building permits issued in 2001. At a two percent rate of growth, twenty-eight
reservations would be allowed which is the same number of permits the city issued in
2006 for asix-month period.
Development Pacing System Memo -January 29`h and 30`" Draft. Page 5
Tablel :Building Site Numbers, 2000 -June 2006
Type of Development 2000 2001 2002 2003 2004 2005 June
2006
New SFR or Duplex 35 20 11 13 19 22 17
Scrape and Replace SFR or 18 9 5 8 15 20 11
Duplex
Total SFR/ Duplex 53 29 16 21 34 42 28
Development
New Multi-Family 2 1 2 2 2 3 0
Scrape and Replace Multi- 0 0 1 0 0 1 0
Family
Mixed-Use Development 0 0 0 0 0 4 0
Lodge Development 0 0 1 1 0 1 1
Total Multi-Family, Mixed 2 1 4 3 2 9 1
Use, and Lodge
Develo went
Note: The projects listed above reflect the number of sites, not the number of building
permits, associated with the categorized type of development. The Ch ristiana Lodge
submitted building permits for structures in 2002, 2005 and 2006. Burlingame also is one
site that pulled building permits for multiple structures in 2005 and 2006. In accounting
for the ro'ect only the first ear in which a permit is ulled is counted.
The following information on residential property classifications in table 2 were provided
by the GIS Department based upon Assessor information. The City is delineated into
"neighborhoods" as shown in Figure 1 of the draft legislation.
Table 2: Residential Property Classitications
Area Vacant Single
laamil Duplex Other;. Condo Total:.:.
Lots .
West 55 199 0 112 127 493
Aspen/Highlands
Cemetery Lane 5 152 151 85 39 432
West End 31 400 91 467 742 1,731
Smuggler/Riverside 36 385 64 189 645 1,319
East End 12 128 59 679 1,398 2,276
Totals 139 1,264 365 1,532 2,951 6,251
Table 3 currently shows the existing commercial and lodging squaze footage (2006
numbers) as tracked by the Assessor's Office. Additional work is being undertaken with
the Assessor's office to refine the information.
Development Pacing System Memo -January 29`h and 30`" Draft. Page 6
fable s: l;xtstmg l;ommerctal, Lodge, ana Yubtlc Levelopment
~ Pronertv Tvne Square Footsie in Class ~~
Commercial Forthcoming
Lodging Forthcoming
Multi-Family Forthcoming
Public Forthcoming
Total Squaze feet Forthcoming
2% Annual Construction Rate Forthcoming
Note: Table 3 is being developed with assistance from the County Assessor. The figures
they track are net of common space, parking garages, etc. and will be adjusted to
represent a gross square footage of built development in Aspen.
Finally, Staff has simplified the table below that shows projects within the City that are
under construction, have received final approval or aze still in the review process.
Table 4: Under Construction, Approved, or in the Pipeline Projects
Project Cuirent Status Total Ftoor
.:Area 1 Net Increase
Innsbruck Inn Under Const. 17,504 5,534
Residences At Little Nell Under Const. 99,700 45,370
Burlingame Ranch Phase
1 For Sale 170,738 170,738
Galena/Main Under Const. 8,235 5,631
Motherlode UnderConst. 13,948 10,144
Dancing Bear Under Const. 35,631 28,131
Chart House Approved 31,896 25,731 Y
ACSD Master Plan Approved 43,060 22,748 ~
410 S. West End Approved 7,500 3,465 0
Hannah-Dustin Approved 20,400 8,400
719 E. Hopkins Approved 6,000 2,822
Boomerang Vacant Lots Approved 9,724 9,724
Ajax Mountain Building Approved 24,414 4,400
306 S. Garmisch Under Const. 7,334 4,077
Limelight Lodge Under Const. 147,844 97,844
South Aspen St. PUD (2) Approved 73,381 65,659
Stage Road PUD-Bar/X Approved 136,500 130,100
Connor Cabins Under Const. 11,717 9,187
.Sub-Total 865,526 649,705
Burlingame Phases II & Final Needed @ b
III CC 222,400 222,400
P&Z for Final, ~'
Lod e At As en Mtn. then CC
~~ 185,000
~~ 160,000
~~
Development Pacing System Memo -January 29~h and 30`h Draft. Page 7
Pcojecf Cutrenf Status TotalJ"Ioai'- NCt Increase
I'
COWOP, then
Puppy Smith CC 4,400 3,400
Holiday House P&Z, then CC 24,790 8,140
Smugger Racquet Club P&Z, then CC 49,394 47,494
Jerome Professional CC for Final
Bldg. Review 23,957 15,515
CC for Final
Stage 3 Review 26,414 19,291
CC for final
Wienerstube review 46,562 40,562
P&Z, then CC,
Cooper Street HPC 9,724 2,781
COWAP then
Fire Station COWOP CC ? ?
Willoughby Park/ Lift 1 P&Z, then CC,
Lodge HPC ? ?
P&Z, then CC,
LaComida HPC 16,080 9,189
.Sub-Total 608,721: 528,772
Totals 1,474,247 1,178,477
Notes:
(1) In some instances, floor area may be a gross or net number.
(2) South Aspen St. PUD is the existing vested approval for the proposed Lodge at Aspen
Mtn.
Development Pacing System Memo -January 29`h and 30`h Draft. Page 8
Chapter 26.475
DEVELOPMENT PACING SYSTEM
Sections:
26.475.010 Purpose.
26.475.020 Authority
26.475.030 Applicability.
26.475.040 General.
26.475.050 Quarterly Reservation Limits - Single-Family and Duplex
Development
26.475.060 Quarterly Reservation Limits -Commercial, Mixed-Use, Lodging,
Multi-Family, and Public Facility Development
26.475.070 Accounting Procedure
26.475.080 Reservation Application Procedures
26.475.090 Reservation Issuance
26.475.100 Appeals
26.475.010 Purpose.
This Chapter is designed to ensure that the rate at which new development and
redevelopment occurs does not exceed the community's ability to cope with associated
public facility and service demands, the level of disruption within existing established
neighborhoods, and accompanying changes to community character. The City finds and
determines that the pace of construction has a significant impact on neighborhoods. The
impacts of excessive new construction activity include:
A. Increases in traffic and congestion on local and arterial streets;
B. Increased demands for emergency services and fire protection, resulting in slower
response times for emergency and fire services; and
C. Reductions in air quality resulting from increases in traffic, construction activities,
and dust; and
D. Increases in noise and disturbances in local neighborhoods; and
E. A reduction in the quality of life and visual chazacter of local neighborhoods
resulting from the storage and disposal of construction materials, heavy truck
parking, and increases in human activity; and
F. Increases in stormwater generation, erosion and sedimentation.
The City further finds that controlling the pace of construction activity will minimize the
impacts described above, balance the impacts of construction between the City's
neighborhoods, and accommodate reasonable development and construction activities in
January 29`h & 30`h Development Pacing System Draft -Page I
a manner that is consistent with the Aspen Area Community Plan and other established
City land use policies.
26.475.020 Authority.
The Community Development Director, in accordance with the procedures, standards,
and limitations of this Chapter and of Common Development Review Procedures,
Section 26.304, shall review and approve or disapprove a land use application for a
Development Reservation.
The land use application requesting a Redevelopment Reservation may not be
consolidated with other land use requests.
26.475.030 Applicability.
A. Single-Family and Duplex Development. This Chapter shall apply to the
following types of development involving asingle-Family or duplex residence
within the City of Aspen:
1. The replacement after demolition of an existing single-family
dwelling, multiple detached residential units on one parcel, or a
duplex dwelling, regazdless of when the lot was subdivided or
legally described. (Also see definition of Demolition -Section
26.104.100.)
2. The development of a new single-family dwelling, multiple
detached residential units or a duplex dwelling on a vacant lot that
was subdivided or was a legally described pazcel prior to
November 14, 1977, that complies with the provisions of Section
26.480.020(E) Aspen Townsite Lots.
3. The development of a new single-family dwelling, multiple
detached residential units on one pazcel, or a duplex dwelling, or a
dwelling unit on a on a lot created by a Lot Split or Historic
Landmazk Lot Split approved pursuant to Chapter 26.480 -
Subdivision.
4. The development of a new single-family dwelling, multiple
detached residential units on one pazcel, or a duplex dwelling on a
vacant lot, regardless of when the lot was subdivided or legally
described.
5. The Significant Remodel (need to define) of asingle-family
dwelling, multiple detached residential units on one parcel, or a
duplex dwelling, regardless of when the lot was subdivided or
legally described.
B. Multi-Family Development. This Chapter shall apply to the following types of
multi-family residential development:
January 29`h & 30`h Development Pacing System Draft -Page 2
1. The development of new, expansion of existing, or redevelopment
of existing multi-family units or structures that has received a
DevelopmenfOrder pursuant to Chapter 26.470.
Remodeling of existing multi-family residential development which does
not expand the amount of existing development, as measured by Net
Livable Area, shall be exempt from the provisions of this Chapter.
The demolition of any Resident Multi-Family Housing, as defined in
Section 26.104.100, in the City of Aspen, is subject to the procedures and
limitations of Chapter 26.470 -Growth Management.
C. Commercial LodQinQ and Mixed-Use Development. This Chapter shall apply
to the following types of commercial, lodging, and mixed-use development:
Replacement after Demolition. The replacement after demolition
of an existing commercial, lodging, or mixed-use structure
provided that no additional net leasable square footage, net livable
square footage, or lodge units are created and there is no change-
in-use. (Also see definition of Demolition, Section 26.104.100)
If redevelopment involves an expansion of net leasable square
footage, net livable square footage, or lodge units, or the
demolition of resident multi-family housing, the project shall first
gain growth management approval, pursuant to Chapter 26.470.
Existing, prior to demolition, net leasable square footage, net
livable square footage, and lodge units shall be documented by the
City of Aspen Zoning Officer prior to demolition. Also see
Reconstruction Limitations, Section 26.470.070, and definition of
Net Leasable Commercial and Office Space, Section 26.104.100.
2. New Development. The development of new commercial,
lodging, or mixed-use structure(s) which has received a
Development Order pursuant to Chapter 26.470.
3. Exemptions. The remodeling of existing commercial, mixed-use,
or hotel/lodge buildings and portions thereof that does not expand
the amount of existing development, as measured by Net Leasable,
Net Livable Area, or lodge units, as applicable, or involve a
change-in-use shall be exempt from the provisions of this Chapter.
26.475.040 General.
A. Reservations. Submission of a building permit application for the types of
development identified herein shall require an accompanying valid
reservation. Building permit applications for types of development identified
herein which are not accompanied by a valid reservation shall not be accepted
by the Building Department. Need definition of Reservation.
January 29`s & 30`h Development Pacing System Draft -Page 3
B. Compliance with Requirements in Effect at Time of Building Permit
implication. All aspects of a project shall comply with the development
regulations in effect at the time of submission and acceptance of a complete
building permit application, regardless of when a reservation is received,
including, but not limited to, land use, zoning, and building codes, as may be
amended from time to time, unless vested rights aze established through a
Development Order. Certain types of development require growth
management, land use, or Historic Preservation approvals be obtained prior to
acceptance of a building permit application and applicants are encouraged to
consult with the Community Development Department to determine if a
project requires any special approvals prior to submission of a building permit
application.
C. Number of Reservations Required. One valid reservation shall be required
and shall allow for the submission of a building permit for the construction of
one project define on an individual lot or parcel, independent of the number of
structures, units or squaze footage associated with the project. Submission of
a building pennit for only one unit when more than one is permitted (for
example, one unit of a duplex or one single-family on a pazcel allowing two)
shall require one valid reservation. No partial reservations shall be allowed or
shall be created.
For the purposes of this Chapter, a building permit shall be considered the
"Main" permit (a.k.a. the "number one" permit) for the project. Subsequent
permits necessary to complete the project and change orders on a permitted
project shall not require a new reservation.
D. One Reservation Application per Parcel. No more than one reservation
application for development or redevelopment on any one lot or pazcel shall
be considered concurrently. Applications submitted by more than one
applicant on any one lot or pazcel shall be combined and considered one
reservation application.
A property may only have one valid reservation at any given time. To submit
a new reservation request, a valid reservation which has already been granted
for the property need not be vacated. If a property which already has a valid
reservation is granted an additional reservation, the first reservation shall be
considered void upon issuance of the second reservation.
E. Expiration of Reservation. Reservations shall allow the submission of a
building permit for the quarter in which the reservation was granted, plus the
quarter thereafter. By way of example, a reservation granted in the second
quarter of the year shall allow the submission of a building permit during the
second and third quarters of the yeaz. Failure to submit for a building permit
within the prescribed timeframe shall render the reservation invalid.
If the expired reservation is for a project which required the reduction of
future available reservations, the Community Development Director shall
increase the available reservations in future quarters accordingly.
January 29`h & 30`h Development Pacing System Draft -Page 4
F. Extension of Reservation. The Community Development Director may
authorize aone-time extension of a reservation, for any time period not to
exceed one quarter, upon demonstration by the applicant of legal, financial,
contractual, or other circumstances which substantially hindered the
prepazation of the building permit application and which could not have been
foreseen by the applicant. The request shall be submitted in writing prior to
expiration and the decision shall be in writing.
City Council may authorize an extension of a reservation, for any time period,
upon demonstration by the applicant of legal, financial, contractual, or other
circumstances which substantially hindered, or may substantially hinder, the
prepazation of the building permit application and which could not have been
foreseen by the applicant, and upon a recommendation by the Community
Development Director. The request shall be submitted in writing prior to
expiration and the decision shall be by Resolution of the City Council.
G. No automatic Continuation of Reservation Applications. Reservation
applications shall only be eligible for reservations to be granted for the
specific quarter for which the application is submitted. Applications must be
resubmitted in order to be eligible for the next quarter's available reservations.
H. All Growth Management Land Use and HPC Approvals Required. Prior to
submission of a Reservation application for a commercial, lodge, mixed-use
or multi-family project, all land use approvals, and Historic Preservation
Commission approvals, as applicable, must first be obtained. Whenever
Historic Preservation Commission approval is needed for a proposed single-
family or duplex project, only the Historic Preservation Commission's
Conceptual approval must be secured prior to submitting an application for a
Reservation. Prior to submission of a building permit for asingle-family or
duplex project, Final Historic Preservation Commission approvals, as
applicable, are required.
I. Reservations are not Assignable. Development Reservations obtained,
pursuant to this Chapter, shall not be assignable or transferable independent of
the conveyance of the real property on which the reservation has been
approved.
The Community Development Director may allow the transfer of a reservation
to another property within the same Subdivision or Planned Unit Development
if the transfer will result in a more logical sequence of development of the
subdivision and will minimize impacts upon the surrounding neighborhood.
Only needed if applicable to vacant platted lots.
26.475.050 Quarterly Reservation Limits - Single-Family and Duplex
Development
The Development Pacing System is designed to ensure that the rate at which
development and redevelopment occurs does not exceed the community's ability to cope
with associated public facility and service demands, the level of disruption within
January 29`h & 30`" Development Pacing System Draft -Page 5
existing established neighborhoods, and accompanying changes to community character.
To this end, the total amount of construction associated with single-family and duplex
development is intended to be no more than two percent (2%) of the existing inventory
per year.
For a variety of reasons, it is possible that the community's actual construction activity or
population growth might exceed the designated redevelopment rate percentages in some
years. Previous approvals and in/out-migration, for example, can result in periods of
construction activity and population growth that exceed the planned average annual rate
of redevelopment. This Chapter minimizes the adverse impacts of these peak periods of
activity.
A. Existing Single-Family and Duplex Development
The following table describes the existing (as of March, 2005) amount of single-family
and duplex development used as a "baseline" in establishing the Available Quarterly
Reservation.
Single-Family and Duplex Residential Development within the City o
s en (units)
Pro e T e Pro ernes in Class
Single Family 1,201
uplex or Triplex ~ 106
u lex Condos2 177
otal Single-Family and Duple
esidential Pro erties: 1,484
Annual Development Rate for Single
amity and Duplex Residentia 15 Properties = 1
evelo ment: 30 Pro erties = 2%
B. Quarterly Reservations Available -Single-Family and Duplez Development
Option #1- 2 % rate, Quarterly, by neighborhood
In order to disperse the single-family and duplex construction activity within the City's
established residential neighborhoods, the total annual development allowed within the
City in any given year has been assigned to five sub-areas or neighborhoods. The annual
development allowance has then been assigned a quarterly limit reflecting one-fourth of
the yearly allowance. Applied to each neighborhood, the following number of
reservations are available each quarter:
~ Single ownership duplex and triplex properties. For the purposes of this section, each of these properties
was considered a duplex.
z 354 condominiumized duplex units were recorded with the Pitkin County Assessor. To determine the
number of duplex properties, this number was divided by two.
January 29`" & 30`" Development Pacing System Draft -Page 6
Neighborhood Aunual
Development Limit Quarterly
Reservations
Available
West As en/Hi hlands 4 1
Cemeter Lane/Burlin ame 4 1
West End 8 2
East End 8 2
Smu ler/Riverside 4 1
Total 28 7
B. Bi Annual Available Reservations -Single-Family and Duplex Development
Option #2 -1 % rate, Bi Annual, by neighborhood
In order to disperse the single-family and duplex development construction activity
within the City's established residential neighborhoods, the total annual development
allowed within the City in any given year has been assigned to five sub-azeas or
neighborhoods. The annual development allowance has then been assigned a quarterly
limit reflecting one-fourth of the yearly allowance. Applied to each neighborhood, the
following Bi-Annual Reservations aze available:
Neighborhood Annual
Development Limit Bi-Annual
Reservations
Available
West As en/Hi hlands 2 1
Cemetery LaneBurlingame 2 1
West End 4 2
East End 4 2
Smu ler/Riverside 2 1
Total 14 7
For the purposes of this section, the following neighborhoods are defined as follows:
^ West Aspen/Highlands -All land within the City of Aspen south of State
Highway 82 and west of Castle Creek.
Cemetery Lane/Burlingame -All land within the City of Aspen north of
State Highway 82 and west of Castle Creek.
West End -All land within the City of Aspen west of Mill Street/Red
Mountain Road and east of Castle Creek.
^ East End -All land within the City of Aspen east of Mill StreeURed
Mountain Road and south of the Roaring Fork River, and including the
Top-of--Mill Subdivision.
^ Smugg[er/Riverside -All land within the City of Aspen north of the
Roaring Fork River and east of Red Mountain Road.
January 29`h & 30`" Development Pacing System Draft -Page 7
If a property straddles more than one neighborhood, as defined, or if there is uncertainty
around which neighborhood a property exists, the Community Development Director
shall make a final determination.
Figure 1
B. Quarterly Available Reservations -Single-Family and Duplex Development
Option #3 -1 % rate, Quarterly, City-wide
In order to limit the single-family and duplex construction activity within the City's
established residential neighborhoods, the total annual development of single-family and
duplex properties allowed within the City in any given year has been divided into a
quarterly limit reflecting one-fourth of the yearly allowance. The following number of
reservations aze available quarterly:
1%Annual Quarterly
Development Limit Reservations
Available
16 4
B. Quarterly Available Reservations -Single-Family and Duplex Development
Option #4 - 2 % rate, Quarterly, City-wide
In order to limit the single-family and duplex construction activity within the City's
established residential neighborhoods, the total annual development of single-family and
duplex properties allowed within the City in any given year has been divided into a
quarterly limit reflecting one-fourth of the yearly allowance. The following number of
reservations aze available quarterly:
2%Annual Quarterly
January 29`h & 30`h Development Pacing System Draft -Page 8
Development Limit Reservations
Available
28 7
26.475.060 Quarterly Reservation Limits -Commercial, Mixed-Use, Lodging,
Multi-Family, and Public Facility Development
The Development Pacing System is designed to ensure that the rate at which
redevelopment occurs does not exceed the community's ability to cope with associated
public facility and service demands, the level of disruption within existing established
neighborhoods, and accompanying changes to community character. To that end, the
total amount of construction is intended to be comprised of no more than percent
L%) of the existing inventory.
For a variety of reasons, it is possible that the community's actual construction activity or
population growth might exceed the designated redevelopment rate percentages in some
years. Previous approvals and in/out-migration, for example, can result in periods of
construction activity and population growth that exceed the planned average annual rate
of redevelopment. This Chapter minimizes the adverse impacts of these peak periods of
activity.
A. Existing Commercial, Mixed-Use, Lodge, Multi-Family, and Public
Development
The following table describes the existing (as of March, 2005) update from Jen amount of
commercial, mixed-use, lodge, multi-family, and public development used as a
"baseline" in establishing the Available Quarterly Reservation.
xisting Commercial, Lodge, and Mixed-Use Development within th
Ci of As en
roe T e Square foota a in class
ommercial
odging ---- _
fixed-Use
ulti-Family
ublic
otal Square Feet of Commercial
fixed-Use, Lodging, Multi-Family, and
ublic Develo ment:
Annual Construction Rate fo
Commercial, Mixed-Use, Lodging, Multi
anvil ,and Public Develo ment:
January 29`" & 30`h Development Pacing System Draft -Page 9
B. Quarterly Reservations Available -Commercial, Mixed-Use, Lodge, Multi-Family,
and Public Development
Dption #1- 2% limit an ull construction, equally
In order to disperse commercial, mixed-use, lodging, multi-family, and public facility
construction activity within the City's established neighborhoods, the total annual
development allowed within the City in any given year has been translated into
increments of construction impact and then into a quarterly limit reflecting one-fourth of
the yearly allowance.
The following number of development reservations aze available within a single calendar
year:
2% Annual Development Limit Annual
Reservations
Available
200,000 s uaze feet 20
The Community Development Director shall calculate the number of reservations
available each quarter for commercial, mixed-use, lodging, multi-family, and public
facilities as follows:
Annual Reservations. The Annual Reservations reflects the acceptable amount of
construction per year divided by 10,000. This enables projects to be measured
according to their level of impact.
Un-Claimed Reservations from Previous Quarter. At the conclusion of the first,
second, and third quarters, the Community Development Director shall add any
unclaimed reservations to become part of the Available Reservations in the next
quarter. Any un-claimed reservations at the end of the calendaz yeaz shall not be
added to the next year's reservations.
Reservations awazded to a project which does not proceed and which aze
considered void shall be considered un-claimed and shall be added to the next
quarter's Available Reservations as prescribed above. Reservations shall be
considered vacated by a property owner upon written notification from the
January 29`h & 30`h Development Pacing System Draft -Page 10
Where, the above terms are defined and established as follows:
property owner or upon expiration of the reservation, pursuant to Section
26.475.###, Expiration of Reservations.
Multi-Quarter Reservations Awarded in Previous Quarters. The impacts
associated with the construction of commercial, lodge, and mixed-use projects
vary according to the size of the project. The gross square footage under
construction has a relationship to the intensity of the impacts and the length of
time the project will be under construction. To account for the long-term impacts
of a large project, the Development Pacing System reduces the number of
available reservations for a certain period of time.
Upon issuance of a reservation for a commercial, mixed-use, lodge, multi-family,
or public project, the Community Development Director shall reduce the available
reservations in future quarters according to the size of the project, as follows:
Gross Square
Foota a of Pro'ect Required Reduction in Reservations
Available in Future Quarters
U to 10,000 None
10,001 to 20,000 B 1 in following quarter
20,001 to 30,000 B 1 in each of followin 2 uarters
30,001 to 40,000 B 1 in each of followin 3 uarters
40,001 to 50,000 B 1 in each of followin 4 uarters
More than 50,000 B 1 in each of followin 5 uarters
B. Quarterly Reservations Available -Commercial, Mixed-Use, Lodge, Multi-Family,
and Public Development
Option #2 - 2% construction by neighborhood
In order to. disperse commercial, mixed-use, lodging, multi-family, and public facility
construction activity within the City's established neighborhoods, the total annual
development allowed within the City in any given year has been assigned to five sub-
areas or neighborhoods. The annual development allowance has then been assigned a
quarterly limit reflecting one-fourth of the yearly allowance. Applied to each
neighborhood, the following Quarterly development Limits are established:
Neighborhood Annual
Reservations Quarterly
Reservations
Downtown 4 1
Main Street 4 1
Lod e Base 4 1
Multi-Famil Districts 4 1
Lower Mill Street, Ski Base Area
District, and all other areas 4 1
January 29`h & 30`h Development Pacing System Draft -Page 11
For the purposes of this section, the following neighborhoods are defined as follows:
^ Downtown - All land within the Commercial Core, Commercial,
Commercial Lodge, that portion of the Mixed-Use Zone District located
outside of the Main Street Historic District, and that portion of the
Neighborhood Commercial Zone District located between Cooper and
Durant Avenues and Spring and Original Streets.
• Main Street -All land within the Main Street Historic District.
^ Lodge Base -All land within the Lodge Zone District.
^ Multi-Family Zone Districts -All land within the Residential Multi-
Family and Residential Multi-Family-A Zone Districts.
^ Lower Mil[ Street, Ski Base, All Other Areas -All land within the
Service Commercial Industrial (SCI) Zone District, the portion of the
Neighborhood Commercial Zone District located along North Mill Street,
all land located in the Ski Area Base (SKI) Zone District, and the
development of commercial, lodging, and mixed-use projects in areas not
otherwise classified above.
If a property straddles more than one neighborhood, as defined above, or if
there is uncertainty around which neighborhood a property exists, the
Community Development Director shall make a final determination.
Figure 2
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ors
O~w
Legentl canmemm Arw
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~~ mmnonvno.m ~-~NO~' Commercial Areas and Lodge Overlay Properties
January 29`h & 30th Development Pacing System Draft -Page 12
B. Quarterly Reservations Available -Commercial, Mized--Use, Lodge, Multi-Family,
and Public Development
Option #3 - 2 % construction by use
In order to disperse commercial, mixed-use, lodging, multi-family, and public facility
construction activity within the City's established neighborhoods, the total annual
development allowed within the City in any given year has been assigned to four land use
types. The annual development allowance has then been assigned a quarterly limit
reflecting one-fourth of the yeazly allowance. Applied to each use type, the following
Quarterly Development Limits are established:
Use Type Annual
Reservations Quarterly
Reservations
Commercial & Mixed-Use 5 I
Lod in 5 1
Multi-Famil 5 1
Public 5 1
For the purposes of this section, the following types use types are defined as follows:
^ Commercial and Mixed--Use -All development for which the majority of
non-residential square footage is devoted to commercial uses.
^ Lodging and Mixed-Use -All development for which the majority of
non-residential squaze footage is devoted to lodging uses.
^ Multi-Family -All development which is solely comprised of multi-
family units with no commercial or lodging development.
^ Public - All development of Essential Public Facilities and the
development of affordable housing by a public agency or quasi-public
agency.
For the purposes of this section, mechanical spaces, pazking azeas, internal
corridors, and similar non-unit areas shall not be factored when determining
the primazy land use category of a project. All projects subject to this Chapter
shall be defined as one of the above types of development. If there is
uncertainty azound which category a property falls, the Community
Development Director shall make a final determination.
26.475.070 Accounting Procedure
The Community Development Director shall maintain an ongoing account of
Development Reservations updated afrer each quarter. After the conclusion of each
calendar yeaz, the Community Development Director shall prepaze a summary report for
the Planning and Zoning Commission and the City Council.
January 29`h & 30`h Development Pacing System Draft -Page 13
26.475.080 Reservation Application Procedures
A. Development Reservation System Application Submission Dates.
The Development Reservation System shall allocate the yearly rate of development by
quarter, with one-fourth of the yearly allocation available each quarter. A reservation
application may only be submitted to the Community Development Director on one of
the following four application submittal dates in the month preceding the quarter:
Quarter Dates A lication Deadline
First Quarter Janua -March December 1
Second Quarter Aril -June March 1
Third Quarter Jul - Au ust June 1
Fourth uarter Se tember -December Au ust 1
When the application submittal date falls on a Saturday, Sunday, or legal holiday, the
next business day shall be the application submittal date. Applications shall only be
submitted within the quarter that follows the date in which the reservation is requested.
Reservations may not be submitted for future quarters.
B. Redevelopment Reservation Application Materials. Applications for
Redevelopment Reservations shall include the following:
1. The legal description and street address of the property.
2. The property owner's name, mailing address, and phone number.
3. A letter signed by the applicant designating any representative authorized to
act on behalf of the applicant and the name, mailing address, and phone
number of any representative.
4. A disclosure of ownership of the parcel proposed for development, consisting
of a current certificate from a title insurance company, or attorney licensed to
practice in the State of Colorado, listing the names of all owners of the
property, and all mortgages, judgments, liens, easements, contracts and
agreements affecting the parcel, and demonstrating the owner's right to apply
for the reservation.
5. If the property is a Historic Landmazk, a copy of the final Development Order.
If the property is a Historic Landmark and is proposed for asingle-family or
duplex, a copy of the approved HPC Conceptual Approval resolution.
6. A copy of the land use approvals, as applicable. For single-family and duplex
development, a specific plan depicting how the property will be developed is
not required.
C Reservation Lottery.
Applications for Development Reservation shall be submitted to the Community
Development Director on the submittal dates listed above. The Community Development
January 29th & 30`h Development Pacing System Draft -Page 14
Director shall review the applications for completeness and any incomplete applications
shall not be accepted and shall be ineligible to receive a reservation.
If the number of reservation requests is equal to or less than the Quarterly Reservation
limit established pursuant to Section ##, the Community Development Director shall
issue a valid reservation to each of the applicants pursuant to Section ## -Reservation
Issuance.
If there are more reservation requests for a particular neighborhood than the Quarterly
reservation limit, established pursuant to Section ##, Quarterly Reservation Limits, the
Community Development Director shall randomly select from the pool of applications
until the number of selected projects equals the Reservation Limit for the particular
neighborhood. An affidavit, signed by a notary public, who is not an employee of the
Community Development Department, shall demonstrate that the drawing was in-fact
random. The Community Development Director shall issue a valid reservation to each of
the selected applicants, pursuant to Section ## -Reservation Issuance.
D. Requestiug Priority Status
An applicant who has submitted an application for a development reservation, for the
same property, and who has not been selected for a reservation in at least three
consecutive lotteries may request priority status in the next quarter's lottery. The
Community Development Director shall reserve the requisite number of reservations for
the subject property up to the number of remaining allocations. The Community
Development Director shall reduce the next quarter's Quarterly Reservation Limit
accordingly. The subject property shall then be treated as a selected property in the next
quarter's lottery for the purposes of reservation issuance.
If the number of applicants requesting priority status exceeds the number of available
reservations in the next quarter's lottery, the Community Development Director shall
randomly select from the pool of applicants requesting priority status as provided in
subsection C of this Section. Any applicant requesting priority status not selected for a
reservation in a random drawing shall be guaranteed a reservation in the next quarter's
lottery and shall not be required to be randomly selected. The Community Development
Director shall reduce the Quarterly Reservation Limit accordingly.
26.475.090 Reservation Issuance.
Following the selection process outlined above, the selection of each project to receive a
reservation, afifteen-day waiting period to allow for submission of any appeals, and the
conclusion of all appeals, the Community Development Director shall issue a
Redevelopment Reservation to each application selected. The reservation shall include:
1. The legal description and street address of the property.
2. The property owner's name, mailing address, and phone number.
3. Effective date and expiration date of the reservation.
January 29`h & 30`h Development Pacing System Draft -Page 15
4. The process by which an owner may request extension of the reservation.
After a reservation has been issued for a project, the applicant may submit for a building
permit. The Community Development Department shall not accept any application for
building permit that requires a valid reservation, unless the permit application is
accompanied by a valid. reservation.
A valid reservation shall not constitute asite-specific development plan or permission to
proceed with any aspect of the development. A valid reservation shall only allow a
building permit application to be submitted to the Building Department for development
of the subject property. Notwithstanding avalid reservation, all aspects of a project shall
comply with the development regulations in effect at the time of submission and
acceptance of a complete building permit application including, but not limited to, land
use, zoning, and building codes, as may be amended from time to time. Certain types of
development require land use or Historic Preservation approvals be obtained prior to
acceptance of a building permit application and applicants aze encouraged to consult with
the Community Development Department to determine if a project requires any special
approvals prior to submission of a building permit application.
26.475.100 Appeals
A. Appeals of Random Selection.
An applicant aggrieved by the Community Development Director's random selection of
reservations may appeal the decision to the City Council, pursuant to the procedures and
standards of Section 26.316, Appeals. City Council may uphold the selection order,
remand the selection to the Community Development Director for reselection with or
without direction, may choose to hold a random drawing to reselect the projects, or may
choose to issue a reservation to the aggrieved party. The City Council decision shall be
the final administrative action on the matter.
Upon appeal of the Community Development Director's random selection for
reservation, the Community Development Director shall not issue reservations for the
particular quarter or accept or process any application for building permit requiring a
reservation for the particulaz quarter until the appeal is concluded and the final selection
is established.
B. Appeal for Insufficient Reservations.
Any property owner within the City of Aspen who is prevented from developing a
property which has been granted a Development Order because that year's or quarter's
development reservations have been entirely allocated may appeal to the City Council for
relief. An applicant requesting such relief must first be denied a reservation and
prevented from applying for a building permit due to lack of necessazy reservations.
The City Council shall make a determination as to whether the hazdship represented by
the denial of a reservation upon the property owner is beyond reasonable expectation and
January 29`h & 30`h Development Pacing System Draft -Page 16
represents a special circumstance unique to the property owner which is not applicable to
other property owners subject to the provisions of this Chapter such that the property
owner's rights aze being substantially deprived. If City Council finds that such a special
circumstance exists, City Council may take any such action determined necessazy
including, but not limited to, making a one-time issuance of a reservation to
accommodate the application.
C. Other appeals
All other appeals shall be to a court of competent jurisdiction.
January 29`h & 30`h Development Pacing System Draft -Page 17