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HomeMy WebLinkAboutcoa.lu.ca.Growth Management Development Allotment.0017.2007,., THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0017.2007.ASLU PARCEL ID NUMBER PROJECT ADDRESS PLANNER Jessica Garrow CASE DESCRIPTION Code Interpretation REPRESENTATIVE Stan Clausen DATE OF FINAL ACTION 4/10/07 CLOSED BY Amy DeVault ~.W.. ~~ Ftle ~ ijecord {yavigate Fgm Repwii5 Fa{QM' Iab Relp >r+. rl ;1 ~ .. __. ".i -'`,~: June 1 .~.. .~ ~e8 ~,'. '° , ~ _.._ Adlress 12~ E MAIN ST ~""~`""`"""~~~_.__.._ ~_.~_......_ APt1SrAe) 1 Gly (ASFEN_..__....,_._-_____~_ c. State rCO _...''.. " ' ~ Ftrmit Information- _.. _.... .,.. 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AcpenGold(b~ Raped 1 011 .., ~,, CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE CODE INTERPRETATION JURISDICTION: City of Aspen APPLICABLE CODE SECTIONS: Section 26.470.060(A)(3) Section 26.470.060(A)(9) EFFECTIVE DATE: Apri19, 2007 WRITTEN BY: Jessica Garrow, Planner APPROVED BY: Chris Bendon, Date: ~,a(,~ Community Development Director COPIES TO: City Attorney City Planning staff SUMMARY: This Land Use Code interpretation clarifies the meaning of a renewed Growth Management application. The request was filed by Stan Clauson of Stan Clauson Associates. The requester shall have the right to appeal this code interpretation, as outlined below. BACKGROUND: In 2006, 633 Spring II, LLC submitted a land use application requesting multi-year growth management allotments pursuant to section 26.470.040(D)(1). The application requested one (1) free-market residential unit from the 2006 growth management allotments and five (5) free- mazket residential units from 2007. This is the first instance of a project requesting amulti-year allotment growth management review. Pursuant to land use code section 26.470.040(D)(1), the applicant received a recommendation from the Planning and Zoning Commission and went to City Council for final review. Since City Council began their review of the project, the 2007 growth management yeaz has begun, making free-mazket residential allotments available without requiring amulti-yeaz review. The applicant is interested in amending their land use application to request five (5) free-mazket residential units from the current growth management year (2007). Stan Clauson has requested clarification to determine if an amendment to the land use application to request 2007 growth management allotments in addition to the requested 2006 allotment constitutes a new application. .. ,.~ .,_ ; ~,,' DISCUSSION Staff has relied. on two (2) sections of the Land Use Code, to render this interpretation. Following are the sections, emphasis added. A. Section 26.470.060(A)(3), Development Allotment and Application Review Procedures - No automatic "roll-over" of Growth Management Applications. Applications shall only be eligible for growth allotments within the growth management year in which they are submitted and shall not automatically become eligible for future year allotments. ~lications must be resubmitted or renewed in order to be eligible for the next year's allotments. B. Section 26.470.060(A)(9), Development Allotment and Application Review Procedures - Multi-Year Growth Allotments. Projects requiring development allotments in excess of the Annual Allotment may be granted a multi year allotment pursuant to Section 26.470.040.D.1, or mayyain allotments over a multi year period provided that the allotment vained in anv one vear shall not exceed the Annual Allotment. For example, a project requesting 50, 000 square feet of commercial space may request either a one-time multi year allotment of S0, 000 square feet, pursuant to Section 26.470.040.D.1, or may request approval in the first year for 25,000 square feet and request approval for the remaining 25, 000 square feet in a subsequent year. Gaining partial allotments in any year shall not guarantee that allotments will be granted in later years for the same project. Projects receiving partial allotment shall not be granted a Development Order until al[ phases of the project have been granted allotments. If the design of a project changes prior to receiving the full allotment needed for a Development Order, the reviewing body shall determine if the changes are acceptable or if the change invalidates the previously granted allotment and requires a resubmission for allotments. ~[ications for each year's allotment need to be submitted and there shall be no preferential status given to a proiect granted partial allotment. From Citation B above, when an application would require multi-yeaz growth management allotments, the applicant may decide to request the allotments as part of a multi-year growth management review, or may request the allotments separately from different years. This difference is described in the second paragraph of Citation B above. Citation A above outlines the process an applicant uses to request allotments from multiple yeazs without going through amulti-yeaz growth management review when it states that an application must be "resubmitted or renewed." In the course of land use applications, changes aze often requested by the Community Development Department or the Reviewing body. When making these requested changes it is not uncommon for an applicant to make additional changes that do not change the nature of the development, but could change a required review or add a new review. • .~. ~ ~.. ~ For instance, a project might be submitted with a request for five (5) free-mazket residential units, four (4) affordable housing units, and three-thousand (3,000) squaze feet of net leasable azea from a single growth management yeaz. If in the course of review the applicant determines it is appropriate to lower the unit size of the free-market units and request six (6) free-mazket residential units rather than five (5) they would be permitted to do so and continue with the initial review process, assuming there were allotments available in that single growth management yeaz. If, however, there were only five (5) free-market residential allotments available in that yeaz, the applicant would be required to amend their application to request multi-year allotments, or to proceed and file a new application in the next growth management year. Citation A above outlines the ability to "renew" an application in order to become valid for allotments in a growth management yeaz other than the year applied under. In the example above it is assumed the application amendment occurs in the same growth management yeaz as the initial application and growth management request. When a review spans two (2) or more different growth management years, the application amendment would enable the application to be "renewed" under the new growth management year where additional allotments are available. INTERPRETATION The Land Use Code requires that growth management allotments be requested from the growth management yeaz in which an application is submitted, unless the application is "renewed" to request from multiple years, or requests multiple year allotments via amulti-yeaz growth management review. When an application requests allotments from two (2) different growth management years, and the review has spanned two (2) different growth management yeazs, that application may be renewed without being considered a new land use application. 633 Spring II, LLC is able to amend their application to request their application be "renewed" in order to request from the 2007 growth management yeaz the additional growth management allotments required for their project. This does not constitute a new or "resubmitted" land use application because the request is coming as part of an open application in the 2007 growth management year. This interpretation was provided on April 9, 2007, and shall become effective on April 9, 2007. This interpretation of the land use code shall be valid until such time as the code sections specified aze amended to implement this clarification or For other purposes. APPEAL OF DECISION Any person with a right to appeal an adverse decision or determination shall initiate an appeal by filing a notice of appeal on a form prescribed by the Community Development Director. The notice of appeal shall be filed with the Community Development Director and with the City office or department rendering the decision or determination within fourteen (14) days of the date of the decision or determination being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision or determination. V RE~E~~~~ MAR 2 6 2001 C~-(`I ~ ~E E OPMENj 23 March 2007 COMM~NitV Chris Bendon, AICP Community Development Director City of Aspen 130 S. Galena Street Aspen, CO 81611 ~SiAN CLAUSON ASSOCIATES, INC Planning • Urban Design Landscape Architecture Transportation Studies Project Management 2DO EAST MAIN STREET AsRErv, COLORADO 81611 TELEPHO V E: 970.92 5.2323 Fnx: 970.920.1fi28 E-Marc info@scaplanningcom WFR'. wwwscaplanning.com Re: Code Interpretation for Section 26.470.060 (A) (3), Development Allotment and Application Review Procedures Deaz Chris: I am writing to formally request a Community Development Director Code Interpretation for the above referenced code section which reads: 3 No automatic "roll-over" of Growth Management Applications. Applications shall only be eligible for growth allotments within the growth management yeaz in which they are submitted and shall not automatically become eligible for future yeaz allotments. Applications must be resubmitted or renewed in order to be eligible for the next year's allotments. Our understanding, for which we would appreciate your confirmation through a code interpretation, is that a "renewal" of an application does not constitute a new application. Therefore an application may be requested to be "renewed," without requiring the submittal of a completely new application and that such a request does not, in itself, constitute a new application. In support of this interpretation, we refer to Sub-section 9 of Section 26.470.090, which was adopted as part of Ordinance 12, Series of 2006. This Sub-section efTectively states that applications previous granted allotments will not receive preferential status for subsequent years but that a new application is not required based on: "the reviewing body shall determine if the changes aze acceptable or if the change invalidates the previously granted allotment and requires a resubmission for allotments." PLANNING AND DESIGN SOLUTIONS FOR COMM UNIIlES AND PRIVATE SECTOR CLIENTS Chris Bendon, AICP 23 Mazch 2007 Page Two Based on this, we believe that the Wienerstube application, which remains pending as a result of the decision by City Council to reconsider it, would be able to be amended to delete the request for future yeaz allotments based on "exceptional" status, accept out one (1) allotment for 2006, and simply request that our pending application be renewed before the Planning and Zoning Commission for five (5) allotments from 2007 without being affected by the current development moratorium. This request for an Interpretation of Title is based upon Section 26.306.010 of the City of Aspen Land Use Code and the requisite fee is provided herewith. Please let me know if this request requires any additional clarification. Very truly yours Stan Clauson, AICP, ASLA STAN CLAUSON ASSOCIATES, INC. Encl: Interpretation Fee .- r~ THE CITY OF ASPEN Land Use Application Determination Of Completeness Date: Mazch 28, 2007 Dear Stan, We have received your application, dated Mazch 23, 2007, requesting a land use interpretation and have reviewed it for completeness. The case number assigned to this property is 0017.2007.ASLU. Pursuant to Land Use Code Section 26.306.010(C)(3), Rendering of interpretation, the interpretation will be issued within fifreen (15) days of today's date. © Your Land Use Application is complete: If there aze not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessazy by the Community Development Department. Please contact me at 429-2780 if you have any questions. Thank You, essica Gan ,Planner City of Aspe ,Community Development Department G:\city\Jessica\Cases\ W ienerstube\Interpretation\CompletenessLetter_GQMSinterpretation.doc 0 m ml U 1^N, 1 ' Y P P PD G r^, ~`~= ~_ ~- _a ~ n :~ „~ ~ ;7 a ~ v ?" Z7 e ~ N _ O ~ '~'~"~ ^~ ,., ~((y~ (_~ry Y ~~ ~~ a Z~Ix o ~ I (~ A C7 ~ S~ ° m > '~ y ~ M ,c =+ Z V ~' ~~ ~ era N k-' ~~ W W W W W W v ~~ L/ ~ r ~~ ..0 ~~ 0 n o N uNrrFo m p' ,R~ S9~ o °" ~ ~ N A w ,1 ~ m ~ ~a~ N ~ C1 p~3 O ~O m~~o m .Q' F N °' ° A o O Track Instant Delivery Status Here is the detailed status of the shipment you are tracking. Check all of the information carefully. IT there appears to be a problem with your shipment, contact the carrier directly. Account Number: 11650561 Carrier: Tracking Number: Status: USPS 9171082133393334714990 Electronic Shipping Into Received Punt GWse- ^ Ca- -'eta items 1, 2, and 3. Also complete ite, if Restricted Delivery is desired. ^ PrinTyour name and address on the reverse so that we can return the card to you. a Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: M~. Stc~~ ~Ia~o-~ Zp0 ~ . 'M~-~ ~~Y~ (~~eM~ CO ~jlt~ U A. Si/g+na~ A~ ~O^ ii . ^ X /!7A///~ n{'//}//J, ,A/(//~(/-~ ^ Agent C. Date of Delivery D. Is delNery address 1D . I7 , 3. Service Type Certified Mail ^ Express Mail Registered ^ Retum Reoelpt fa Merchandise ^ Insured Mall ^ C.O,D. 4. Restdcted Delivery? (Extra Fee) ^ y~ 2. ArBCIeNumber 91 710B 2133 3933 3471 4990 (rrensfer nom servke label) PS Form 3811, February 2004 Domestic Retum Receipt tozssssoz-M•tsno ~, Page 1 of 1