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HomeMy WebLinkAboutordinance.council.001-98 ORDINANCE N0. 1 (SERIES OF 1998) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO CHAPTER 26 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, SECTION 26.40.040, USE SQUARE FOOTAGE LIMITATIONS. WHEREAS, The City of Aspen desires to promote a retail environment which preserves the city's scale and small town character, ensures ahealthy diversity within the city's commercial establishments, and encourages the economic vitality of local-serving establishments as well as tourists and visitors to the city; and, WHEREAS,~ the City has sought to achieve these goals in part through the enactment of commercial' use square footage limitations which are applicable to all commercial establishments, irrespective of the nature of their business, the services offered, the goods to be sold, or the name attributed to them; and, WHEREAS, Section 26.40.040 Use Square Footage Limitations does not .,41..x specifically address discount store, general retail, department store, and. clothing stord and ., it is desirous to hive further clarification within this section of the land use code; and, WHEREAS, pursuant to Section 26.92.030 of the Municipal Code, amendments to Chapter 26 of the Code, to wit, "Land Use Regulations," shall be reviewed and recommended for approval, approval with conditions or disapproval by the Planning Director and then by the Pla~ing and Zoning Commission at a public hearing; and then approved, approved with conditions, or disapproved by the City Council at a public hearing; and WHEREAS, The COmmunity Development Department developed, reviewed and recommended approval of an amendment to the land use regulations, certain text amendments to Chapter 26 relating to Section 26.40.040, Use Square Footage Limitations; and WHEREAS, the Planning and Zoning Commission reviewed the application at a special meeting on December 30, 1997, at which the Commission failed to pass a motion because of a 3-3 tied vote; and WHEREAS, the Aspen City Council has reviewed and considered the proposed text amendments, has reviewed and considered the action of the Planning and Zoning' Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the text amendment as drafted, is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: That the purpose and intent paragraph to Section 26.40.040 Use Square F0otage Limitations shall be amended to read as follows: 26.40.040 Use square footage limitations. A. Purpose and intent. The purpose ofthis section is to limit the size of all permitted and conditional commercial businesses located within the Commercial Core (CC), Commercial (C-1 ), and Service/Commercial/Industrial (S/C/I) zone districts. The intent of this Section is to preserve the city' s scale'and small town character, ensure a healthy diversity within the city's commercial establishment, and encourage the economic vitality of local-serving establishments as well as businesses that serve tourists and visitors to the city. All commercial establishments, irrespective of the nature of their business, the services offered, the goods to be sold, or the name attributed to them, shall be limited to the square footage limits set forth below. Section 2: That paragraphs A through E be renumbered and amended to read as follows: B. 3,000 square feet. The following and similar uses shall be limited to three thousand (3,000) square feet in net leasable commercial and office space: Antique shop; art supply; bakery; bookstore; camera shop; candy, tobacco or cigarette shop; catalogue store; drug store; florist shop; gift shop; hobby shop; jewelry shop; key shop; liquor store; pet shop; photography shop; stationery store; dry cleaning; pickup station; barber and beauty shop; small appliance store; art gallery; decorator shop; seamstress; laundromat; tailor; shoe repair shop; radio and TV broadcasting stations; rental, repair and wholesaling, provided they are accessory uses; electrical and plumbing service shops; automobile washing facility; pharmacies; art studio; and catering service. C. 6,000 square feet. The following and similar uses shall be limited to six thousand (6,000) square feet in net leasable commercial. and office space: Drugstore (including pharmacy); equipment rental, storage and repair; shop craft industry; fabrication and repair and building materialS; clothing store; sporting goods store; department store, discount store, general merchandise store, or variety shop; professional offices; and major appliance stores. D. 9,000 square feet. The following and similar uses shall be limited to nine thousand (9,000) Square feet in net leasable commercial and office space: Service station and restaurant. E. 12,000 square feet. The following and similar uses shall be limited to twelve thousand (12,000) square feet in net leasable commercial and office ~pace: Vehicle sales; builder supply yard; lumber yard; dry cleaning plant and laundry; manufacture and repair of sporting goods; printing and publishing plant; furniture store; carpet and floor covering store; financial institutions~ and food market. F. , 20,000 square feet. The following and similar uses shall be limited to twenty thousand (20,000) square feet in net leasable commercial and office space: Warehousing and storage. Section3: That paragraph F be renumbered and amended to read as follows: G. Combined retail sales areas. The square footage limitations for each use shall not restrict the total sales area of a building having a combination of uses when those uses constitute separate businesses. Section 4: That new paragraphs H and I be added to mad as follows: H. Combined retail structures. Any businesses enumerated above, of the same type which occur individually or jointly in a single structure or combination of structures situated upon single or contiguous tracts of land under the same ownership, shall be considered one business and together restricted to the maximum net leasable commemial and office space provided in this section. I. Determination of similar uses. If a type of use is not specifically listed above, the Community Development Director shall make a code interpretation in accordance with Chapter 26.112 to determine the appropriate square footage limitation which should apply. Section 5: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be, conducted and concluded under such prior ordinances. Section 6: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 7: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 8: A public hearing on the Ordinance shall be held on thd day of ,1998 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of /_., general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12th day of January, 1998. Approved as to fore: Approved as to content: City Attorney John Bennett, Mayor Attest: Kathryn S. Koch, City Clerk 4 FINALLY, adopted, passed and approved this day of ., 1998. Approved as to form: Approved as to content: City Attorney John Bennett, Mayor Attest: Kathryn S. Koch, City Clerk Memorandum To: Mayor and City Council ThrU: Amy Margem, City Manager ~ From: Stan Clauson, Community Development Director Date: 12 January 1998 Re: Text Amendment, Use Square Footage Limitations Summary At the City Council Brown Bag of 1 December 1997, concern was expressed regarding the possible entry of amajor department store into Aspen. Following this, staff reviewed the provisions of the code relating to store size limitation. These provisions are found in Section 26.40.040, Use Square Footage Limitations, of the City of Aspen Land Use Code and prescribe square footage limitations varying from 3,000 square feet (s,f.) to 20,000 s.f. for many different specific types of retail and commercial uses. Staff belieyes that the current code provides sufficient regulatory authority to limit the size of any department store which might seek to locate here. Staff also believes that regulation of store size is the single most defensible way to prevent any retail establishment from developing dominance over the retail environment in Aspen. Although staff believes that our current code provides sufficient regulation, additional clarity could nonethelesS be provided. The closest specific category to a department store or discount store is "variety shop," a use limited to 6,000 s.f. Staff believes that a K-Mart, Wal-Mart, etc. would more prope~y be called general retail or discount retail. A Neiman Marcus, for example, would most likely be called a department store, or possibly general retail as well. Although the current code also uses the phrase "and similar uses," more specificity would seem appropriate. A variety shop might be considered lobe more like a Ben Franklin, Woolworth, or our own Carl' s Pharmacy upstairs, than a big box discount retailer or a luxury department store. An additional recommended inclusion to the use size limitations is a specific reference to sales of clothing. It appears clear that it would not be in the public interest for a single retail establishment to gain hegemony over other establishments by virtue of assembling a store of inordinate size. Of all the regulatory methods available through the land use code, limitations on store size would appear to provide the best mechanism to support a balanced retail environment. Forthis reason, staff recommends additions to the restrictions on store size. Specifically, staff recommends adding to the 6,000 s.f. limitation the following retail types: "discount store, general retail, and department store." Staff also reconunends adding "clothing store" to the 6,000 s.f. limitation. An alternative might be to limit all retail uses to 6,000 s.f., with the exception of those spelled out in the greater size categories C, D, and F. This would have the advantage of simplicity in not needing to name so many retail types, but would also eliminate the 3,000 s.f. category as it . presently exists. Staff will also continue to research other methods of controlling large store sizes, particularly those stores which might be considered to be predatory and destructive to a balanced retail environment. Our sign code is currently quite restrictive, but most corporate entities appear to be quite ready to comply in order to have an Aspen location. Window size is generally dictated by thequalities of our current storefronts, and we have encouraged reasonable expanses of glass in order to promote a pedestrian environment. Staff will be researching window size further, along with other methods of retail regulation which may be available to Aspen. Previous Actions The Planning & Zoning Commission met in a special meeting on 30 December 1997 to consider the proposed amendments to limitations on store size. The Commission failed to approve the proposed amendments by a split vote of 3 -3. At the meeting, there was concern expressed from property owners and the real estate community that these restrictions would inappropriately impact owners of larger properties, and that these restrictions were not in the best interests of the community. A representative of the retail community advocating tighter store size restrictions also spoke at the meeting. Staff continues to believe that the proposed amendments represent clarifications and do not further restrict any possible uses of affected properties. However, given concern expressed by members of the Planning & Zoning Commission regarding store size limitations generally, the City Council may wish to set a joint worksession to discuss the value of these code provisions. In the interim, staff recommends that City Council pass the proposed clarifications. Review Standards The review standards for evaluating the proposed amendment, per Section 26.92.020 of the Land Use Code, are as follows: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Response: The proposed amendment clarifies existing provisions of the code and is not in conflict with any applicable portions of Title 26. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Response: The proposed amendment is consistent with the related elements of the AACP which emphasize the need to maintain locally oriented businesses and which emphasize the need to maintain diversity. C. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. Response: The proposed amendment is compatible with the affected and surrounding zone districts. It will provide restrictions which are generally consistent with existing restrictions and existing store sizes. A more restrictive approach--say, to 3,000 square foot limitations--would create many non- conformities as it would be inconsistent with the range of existing store sizes. D. The effect of the proposed code amendment on traffic generation and road saJ~ty. ~ Response.' The propbsed amendment does not increase or decrease overall commercial square footage, and would not affect traffic or road safety. E. Whether and the extent to which the proposed amendment wouM result in demands on public facilities .... Response: The proposed code amendment does not result in any additional demands on public facilities. F. Whether and to what extent the proposed amendment would result in significantly adverse impacts on the natural environment. Response: The proposed amendment does not alter any impacts to the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character of Aspen. Response: The purpose of the amendment is to preserve and enhance our commercial areas in terms of the diversity of types of businesses and their orientation to local needs as well as tourism. The amendment, in seeking to further clarify the limitations on store size, he!ps to ensure that no single store will become overly-dominant within the mix of commercial facilities in Aspen. It seeks to ,~,, reinforce the character of the built environment by emphasizing historical character of the retail community as one of small storefronts. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Response: While there are no significantly changed conditions, the amendments are brought forward to improve the effectiveness of the ordinance. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Response: The proposed amendment supports the public interest for a balanced and appropriately- scaled retail environment; it is in harmony with the purpose and intent of the Land Use Code.. Staff Recommendation Staff recommends that the City Council set a date for a public hearing to consider the proposed code amendment providing clarifications to the size restrictions discussed above, along with other modifications and clarifications of these code provisions. Recommended Motion "I move to approve Ordinance ] , Series of 1998, on first reading, providing text amendments to Section 26.40.040, Use Square Footage Limitations, of the City of Aspen Land Use Code." City Manager's Comments: Attachment: Minutes from the Planning and Zoning Commission Meeting of December 30, 1997 (to be forwarded) Ordinance .1- , Series of 1998 cc: JohnWorcester ORDINANCE N0. 37 (SERIES OF 1997) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO CHAPTER 26 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, SECTION 26.100.040 "ANNUAL DEVELOPMENT ALLOTMENTS"; SECTION 26.100.060 "DEVELOPMENT ALLOTMENT PROCEDURES"; AND SECTION 26.102.060 "PROCEDURE AND STANDARDS FOR DEVELOPMENT ALLOTMENT" RELATED TO THE GROWTH MANAGEMENT QUOTA SYSTEM. WHEREAS, The Community Development Department developed, reviewed and recommended approval of an amendment to the land use regulations, certain text amendments to Chapter 26 relating to Section 26.100.040 "Annual Development Allotments"; Section 26.100.060 "Development Allotment Progedures"; and SectiOn 26.102.060 "Procedure and Standards for Development Allotment" related to the Growth Management Quota System; and · WHEREAS, pursuant to Section 26.92.030 of the Municipal Code, amendments to Chapter 26 of the Code,. to wit, "Land Use Regulations," shall be reviewed and recommended for approval by the Planning Director and then by the Planning and Zoning Commission at a public hearing, and then approved, approved with conditions, or disapproved by the City Council at a public hearing; and WHEREAS, the Community Development Department reviewed the proposal and recommended approval; and WHEREAS, the Planning and Zoning Commission reviewed the application at its regular meeting on October 7, 1997, at which the Commission approved by a 7-0 vote the proposed text amendment, with minor changes; and WHEREAS, the Aspen City Council has reviewed and considered the proposed text amendments, has reviewed and considered those recommendaf~ons of the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the text amendments as drafted, are consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: That the introductory paragraph to Section 26. 100.040 "Annual Development Allotments"; shall be amended to read as follows: 26.100.040 Annual development allotments. The residential and tourist accommodations growth management quota. system's method of establishing annual development allotments has been designed to be as fair and flexible as possible. It establishes pools of development allotments that are available for use by metro area exempt and non-exempt projects during one-year periods, running from June 1 to May 31..The system allows allotments to be "borrowed" from future years if necessary to accommodate very high-quality projects. The Metro Area development ceilings are based upon a 23 year growth period. Allotments may be borrowed from future growth management years to accommodate exceptional high quality projects. As a result of the flexibility that has been built into the allotment system, the number of allotments available during any one year may vary. Section 2: That Section 26.100:040 (B) (1) and (2) shall be amended to mad as follows: B. Optional multi-year maximum allotments for "exceptional" projects. 1. Award of optional multi-year maximum allotments. When the "Optional (Multi-Year) Maximum Allotment Pool" formula of Section 26.100.040(A)(3) yields available allotment pool levels that exceed the allotment pool levels calculated pursuant to the "Standard Maximum Allotment Pool" formula of Section 26.100.040(A)(3), the City Council shall be authorized to make optional multi-year allotments available to "exceptional!' non-exempt developments and to "exceptional" exempt developments located in the AH1/PUD zone district. "Optional (Multi-Year) Maximum Allotments" shall be made available only to specific projects, and in the event that the allotments expire or are otherwise unused after being awarded, they shall not be carried over as surplus allotments or be transferred to other projects. 2. Approval criteria. Because the award of optional multi-year maximum allotments may result in fewer allotments being available in subsequent years, the use of optional multi-year maximum allotments shall be reserved for exceptional non-exempt projects that exceed the minimum score for an allotment established in Section 26.100.080 or for ,exceptional" exempt projects located in the AH1/PUD zone district that meet the minimum score for an allotment established in Section 26.100.080. The Growth Management Commission may recommend and the City Council may award Optional multi-year maximum allotments as part of its ranking and allocation review conducied pursuant to Section 26.100.060(C). Section 3: That Section 26.100.040 (B) (2) (b) shall be amended to read as follows: b. After consideration of the recommendation of the Growth Management Commission, City Council may award optional (multi-year) allotments if a project complies with the following standards: Section 4: That Section 26.100.060 (B) (3) and (4) "Development Allotment Procedures" shall be mended to read as follows: 3. Procedure. For exempt development: A development application for a development allotment for exempt development shall be reviewed pursuant to Common Procedures, Chapter 26.52. After review for completeness and review and approval in accordance with Section 26.100.050, development allotments shall be allocated on a first-come-first-served basis, provided that all applications submitted on the same day shall be construed to have been submitted at the same time. In the event that the number of development applications submitted on the same day exceeds the number of development allotments available, a random drawing shall be held to determine the order in which allocations are granted. Those applications that do not receive a development allotment in the random drawing shall remain valid until the following May 3 I. In the event that additional allocations become available on or before May 31 ~ development allotments shall be allocated on the basis of the original random drawing. If allotments are available after awarding allotments to those applications included in the random drawing, they shall again be made available to applications on a first-come-first- served basis, based on the date of submittal. If d~velopment allotments have not been allocated to an application by May 31, that application shall expire and be ineligible for allocation until a new application is submitted. 4. For "exceptional" exempt projects located inthe AH1/PUD zone district. The procedures established in Section 26.100.060(C)(3) shall be . followed to evaluate exempt projects seeking optional multi-year maximum allotments. An applicant may challenge or appeal scores awarded by the Growth Management Commission by following the procedures in Section 26.100.060(D). Section 5: That Section 26.100.060 (C) (3) through (8) shall be amended to read as follows: 3. Staff Review. A development application for a development allotment for non-exempt development shall be reviewed pursuant to Common Procedures, Chapter 26.52. After review for completeness and a recommendation for scoring by the Community Development Director, such applications shall be reviewed and recommended for the award of development allotments in. accordance with the procedures and standards of this section. An applicant may amend an incomplete application to make technical corrections or clarifications. An applicant may also may make substantive changes to a complete application prior to scoring if there are sufficient allotments available to accommodate the number of allotments requested by all of the competitors. Complete applications may not be amended prior to scoring if there are not sufficient allotments available. 4. Growth Management Commission meeting procedures. The Chairperson of the Growth Management Commission may establish time limits for each part of the meeting prior to the beginning of the discussion. If oral presentations are limited due to tim~ constraints, anyone may submit written testimony to the official record or the proceedings. a. Community Development staff shall present a summary of staff s review of the application(s) based upon the scoring criteria. b. The applicant or applicant's representative shall present comments regarding the application(s)' consistency with the scoring criteria. c. Citizens in attendance at the public heating, including other applicants competing for an allotment, shall be provided the opportunity to comment. d. The Growth Management Commission may ask questions of staff, applicant(s) .or citizens and make comments regarding the application(s). e. The Growth Management Commission shall score the application(s) on the score sheets provided by the staff and submit their score sheets for the staff to calculate the overall score for the application(s) pursuant to Section 26.100.060(C)(5). 4 5. After the public hearing is officially closed, the Growth Management Commission shall consider and score each application based on the scoring criteria in Section 26.100.080. The following scoring procedures shall be adhered to: a. Each Growth Management Commission member shall assign a whole number scorn (not a fractional number) to the project. b. Following the initial scoring, commission members shall be free to discuss individual scores and to offer justification for such scores.' c. Following the close of Growth Management Commission discussions regarding initial scoring, a final scoring round will be held, during which each Growth Management Commission member shall again identify the number of points, expressed as whole numbers, assigned to the project. Growth Management Commission members shall be free to revise the number of points awarded to a project between the preliminary and final scoring rounds. d. After the close of the final scoring round, a project's final average score shall be calculated by (1) totaling the commissioners' individual scores and (2) dividing that total by a number equal to the number of commissioners who participated in the final scoring round. Final average project scores shall be calculated for each of the four growth management scoring criteria of Sections 26.100.080(C)(1-4), and a cumulative score shall be calculated for the criteria as a whole. The final average cumulative score calculated pursuant to this provision shall constitute the projects final score. e. Projects shall be ranked in order of their final average scores. f. The project rankings and any recommendations for the award of optional maximum allotments shall be forwarded by resolution to the City Council and Board of County Commissioners. 6. Actions required for approval of allotments. Since the Growth Management Quota System applies throughout the Aspen Metro area, no growth management allocation shall be awarded unless the City Council and Board of County Commissioners both accept the recommendation of the Growth Management Commission. The procedures governing challenges and appeals are set out in Sections 26.100.060(D) and (E). 7. Minimum scoring thresholds required for allocation. No growth management allocation shall be awarded to projects that do not receive a final average score of at least three points for each of the growth management scoring criteria of Sections 26.100.080(C)(1), 26. 100.080(C)(2), 26.100.080(C)(3) and 26.100.080(C)(4). 8. Identical point totals. In the event that two or more non-exempt development applications receive identical point totals, and one or more must be approved to the exclusion of others because insufficient allotments are available, the Growth Management Commission shall reconsider the tying projects and apply the following criteria, in sequence, until the tie is broken: a. The project that received the higher point total in the greatest number of scoring categories shall be considered first in eligibility for an · allotment. b. The project that was awarded the greatest number of points for "revitalizing the permanent community" shall be considered first in eligibility for an allotment. c. The project that was awarded the greatest number of points for "providing transportation innovations" shall be considered first in eligibility for an allotment. d. The project that was awarded the greatest number ofp0ints for "promoting envirorkmentally sustainable development" shall be considered first in eligibility fo~ an allotment. Section 6: That Section 26.100.060 (D) through (F) shall be mended to read as follows: D. Challenges and appeals of aggrieved parties, City Council, or the Board of County Commissioners: 1. Upon receipt of the Growth Management Commission's ranking of development applications, the joint City Council/Board of County Commissioners shall consider any appeals made by either the City Council or Board of County Commissioners or by persons aggrieved by the scoring. An appeal to the joint City Council/Board of County Commissioners shall be filed within. fourteen (14) days of the Growth Management Commission's public hearing by filing a notice of appea! with the Community Development Director. A joint City Council/County Commissioners meeting shall be called within thirty (30) days of the date that the appeal is filed. In reviewing an appeal, the joint City Council/Board of County Commissioners shall act on the basis of the record established by the Growth Management Commission. The appellant.shall have the burden of persuasion in the appeal. 2. The joint City Council/Board of County Commissioners shall affirm the scoring of the Growth Management Commission unless it determines that there was a denial of due process or abuse of discretion by the Growth Management Commission in its scoring, in which case the joint City Council/Board of County Commissioners shall take such action as it deems necessary to remedy the Growth Management Commission's action. Remedies available to the joint City Council/Board of County Commissioners shall include, but not be limited to amending the number of points awarded or remanding the development application to the Growth Management Commission for rescoring. 3. A quorum of the joint City Council/Board of County CommiSsioners shall be comprised of at least three members of the Aspen City Council and at least three members of the Pitkin County Board of County Commissioners. No meeting of the joint City Council/Board of County Commissioners shall be called to order without a quorum and no meeting at which less than a quorum is present shall act on an appeal other than to continue it to a date certain. All actions shall require the concurring vote of a simple majority of the members then present and voting. A tie vote by the joint City Council/Board of County Commissioners shall be deemed a decision to uphold the Growth Management Commission's scoring. 4. The decision of the joim City Council/Board of County Commissioners shall constitute the final administrative order on the matter. E. Allocation. Following the conclusion of all protest hearings, the City Council shall, by resolution, allocate development allotments among eligible applicants'who meet the minimum threshold established in Section 26.100.060(C)(5) in the order of priority established by their rank. Those applicants having received allotments may proceed to apply foi any further development approvals required by this chapter or any other regulations of the city. Those development applications that have not met the minimum threshold' established in Section 26.100.060(C)(5) shall be denied. F. Assignability and transferability of allotments. Development allotments shall not be assignable or transferable independent of the conveyance of the real property on which the development allotment has been approve& Section 7: That Section 26.102.060 "Procedure and Standards for Development Allotment", subsection (D) shall be amended to read as follows: D. Development review procedure. A development application for a development allotment shall be reviewed pursuant to Common Procedures, Chapter 26.52. After review for completeness and a recommendation for scoring by the Community Development Director, the application shall be scored by the commission at a public hearing and then the scores shall be forwarded to city council for their allocation of development allotments at a heating. An applicant may amend an incomplete application to make technical corrections or clarifications. An applicant may also make substantive changes to a complete application prior to scoring if there are sufficient allotments available to accommodate the number of allotments requested by all of the competitors. Complete applications may not be amended prior to scoring if there are not sufficient allotments available. Section 8: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed Or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. 7 Section 9: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such .portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 10: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the.office of the Pitkin County Clerk and Recorder. Section 11: A public hearing on the Ordinance shall be held on the 12th day of January, 1998 at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which heating a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 24th day of November, 1997. Approved as to fore: Approved as to content: City Attorney John Bennett, Mayor Attest: Kathryn S. Koch, City Clerk ~'~,