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HomeMy WebLinkAboutcoa.lu.gm.130 S. Galena GMQS rollover 0085.2011 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0085.2011.ASLU PARCEL ID NUMBERS NO PARCEL PROJECTS ADDRESS 130 S. GALENA ST PLANNER JESSICA GARROW CASE DESCRIPTION GMQS ROLL-OVER REPRESENTATIVE INTERNAL APPLICATION DATE OF FINAL ACTION 8/29/12 CLOSED BY ANGELA SCOREY ON: 8.29.12 VRI G MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Jessica Garrow, Long Range Planner o j THRU: Chris Bendon, Community Development Director M RE: Growth Management Allotment Carry-Forward Review-Public Hearing Resolution No. 5-, Series of 2012 DATE: January 9, 2012 SUMMARY: The purpose of this public hearing is a review of the "unused" growth allotments from 2011 and a decision on the amount to "carry-forward" to the 2012 growth management year. Each year, a certain amount of growth is allotted for development projects. The available allotment is a combination of the standard annual allotment and the carry- forward allotment. Available development _ annual Carry-forward allotments allotment + allotment from prior year The City's Land Use Code specifies the annual allotments in various land use categories as follows: Development Type Annual Allotment Residential— Free-Market 18 units Commercial 33,300 net leasable square feet Residential—Affordable Housing No annual limit Lodging 112 pillows Essential public facility No annual limit Growth allotments granted in 2011 are summarized in Exhibit A. No allotments for free- market residential units, commercial net leasable space, or lodging pillows were granted in 2011. According to the Land Use Code, "the City Council shall determine the amount of unused and unclaimed allotments, for each type of development, and may assign the unused allotment to become part of the available development allotment for future projects. There is no limit, other than that implemented by the City Council, on the amount of potential growth that may be carried forward to the next year." This year, City Council may carry-forward up to 18 free-market residential allotments, 33,300 square feet of commercial space, and 112 lodging pillows, which went unclaimed in 2011. 1 The Land Use Code provides criteria for this carry-forward review. The City Council may carry forward any portion of the previous year's unused allotment, including all or none. "The City Council shall consider the following criteria in determining the allotments to be carried forward: 1. The goals and objectives of the Aspen Area Community Plan. 2. The community's growth rate over the preceding five-year period. 3. The ability of the community to absorb the growth that could result from a proposed development utilizing accumulated allotments, including issues of scale, infrastructure capacity, construction impacts and community character. 4. The expected impact from approved developments that have obtained allotments, but that have not yet been built. Considering these criteria, staff recommends that none of the potential growth be carried forward. A more detailed analysis of these review criteria can be found in Exhibit B. RECOMMENDATION: Staff recommends City Council approve Resolution No. , Series of 2012, carrying- forward none of the unused 2011 growth management allotments. CITY MANAGER COMMENTS: RECOMMENDED MOTION: "I move to approve Resolution No. , Series of 2012. ALTERNATE MOTION: "I move to approve Resolution No. Series of 2012, with the following amendments ATTACHMENTS: , Proposed Resolution No. t�", Series 2012 Exhibit A— Summary of 2011 growth management allotments Exhibit B—Carry Forward Review Criteria 2 w RESOLUTION N05' (SERIES OF 2012) r A RESOLUTION OF THE ASPEN CITY COUNCIL ESTABLISHING THE "CARRY-FORWARD" GROWTH MANAGEMENT ALLOTMENT FOR 2012. WHEREAS, pursuant to City of Aspen Land Use Code Sections 26.470.030.D and 26.470.040F, the City Council shall review, during a public hearing, the prior year's growth summary, consider a recommendation from the Community Development Director, consider comments from the general public and shall, via adoption of a resolution, establish the number of unused and unclaimed allotments to be carried forward and added to the annual allotment; and, WHEREAS, pursuant to said sections and considering the following criteria, the Community Development Director has provided a recommendation to carry-forward none of the unused growth management allotments from 2011: 1. The goals and objectives of the Aspen Area Community Plan. 2. The community's growth rate over the preceding five-year period. 3. The ability of the community to absorb the growth that could result from a proposed development utilizing accumulated allotments, including issues of scale, infrastructure capacity, construction impacts and community character. 4. The expected impact from approved developments that have obtained allotments, but that have not yet been built; and, WHEREAS, during a duly noticed public hearing on January 9, 2012 the City Council considered the recommendation by the Community Development Director, comments from the general public at a public hearing, and the above criteria and approved Resolution No. , Series of 2012, by a to — vote; and, WHEREAS, the City Council finds that the decision to carry forward none of the unused growth allotments from 2012 meets or exceeds all applicable standards and is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council carries forward none of the unused growth management allotments from 2011 to be available in 2012. RESOLVED,APPROVED,AND ADOPTED FINALLY this 9t'day of January, 2012. Approved as to form: Approved as to content: City Attorney Michael C. Ireland,Mayor Attest: Kathryn S. Koch, City Clerk City of Aspen Growth Management Quota System -Annual Allotments 2011 Free-Market Commercial(square Lodge Affordable Essential Public Ordinance/ Residential feet net leasable ill Board Approval Jan.2011 thru Dec.2011 Allotments ) (pillows) Housing Units Facilities(square feet) Resolutipn Annual Allotment 18 33,300 112 NIA N/A Carry-Forward from previous 0 0 0 N/A NIA year Total Available for Ye—I 18 33,300 112 N/A N/A 518 W Main 0 0 0 11 0 Reso 11,2011 Administrative GMQS,final 505 Rio Grande Park 0 0 0 0 1,947 Ord 381 8,2011 approval b Council Approved Council Pending 480 Doolittle 0 0 0 1 0 not assigned P&Z GMQS,final approval by Council Pending Remaining Allotments 18 33,300 112 N/A N/A NOTES: * There are no annual allotments/limits for Affordable Housing Units or Essential Public Facilities Source: City of Aspen Community Development Department Exhibit B: Growth Management Carry-Forward Review 26.470.030.F,Accounting Procedure: "The City Council shall consider the following criteria in determining the allotments to be carried forward:" 1. The goals and objectives of the Aspen Area Community Plan. Staff Response: One of the main goals in the 2000 AACP was to control growth at a 2% rate. The current Growth Management System does this for new free-market, commercial, and lodging development through the use of allotments. All of the available allotments for 2011 went unclaimed. While this means the City of Aspen is within the 2% permitted growth rate for 2011, rolling the allotments over could result in a higher growth rate in the future if those allotments are used. 2. The community's growth rate over the preceding five year period. Staff Response: The growth rate has been fairly consistent over the past few years, and has almost always used all the available allotments. City Council has not chosen to roll over the leftover allotments in the past few years. 3. The ability of the community to absorb the growth that could result from a proposed development utilizing accumulated allotments, including issues of scale, infrastructure capacity, construction impacts and community character. Staff Response: This is a review criterion in growth management when a development proposal is brought forward. Based on current data, staff believes there is enough physical infrastructure to accommodate new development. 4. The expected impact from approved developments that have obtained allotments, but that have not yet been built. Staff Response: There are a number of projects that have received growth management allotments and City Council approval but are still in construction or have not started. These include Jerome Professional Building, Stage 3, Hannah-Dustin (commercial portion), Phase 2 of the Hospital, 301 W Hyman affordable housing, and the Crandall Building. Fib Edn Recall Navo Fgm Re{t FaM It Hey RM'9 Y Yalua6ar Ar CustomFs SubPerm�ts Parcels t Lard Ll e �� Ptl�at# X11�SLU ay � 130 S GALB�4 . HALL � a 611 PaaRifor�oa _ _ _ R'"�� spied FEi DesupGors IAL APPLICATION•FOR 3 1 GMQS 801.10 t-NO FES 5kk SSICAGARRON Cd unrarg D*[700 W Pf23f2012 Owner Last tame TY OE ASPEJ Fist aaoe IKSOkENA ASPEN CO 81611 I Add 0Ossnaaappkafll? pCdadaa*0 j last rase ITY OF ASPEN Frst necae HALL IISGAIINA C&# 7N Ad�ess ASPEN CO 61611 te�er „ Ann Fast rams Phme Adis ii Apiod(gwj aageJas M 1 dl '46__$5 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPER Y• Aspen, CO SCHEDULED PUBLIC HEARING DATE: Moo-d&W 4nn �'l�` , 20_y STATE OF COLORADO ) ss. County of Pitkin ) 1, - - (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: I / y Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) ¢ days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable,waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the_day of 20_ to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty(60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (Continued on next page) Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However,the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing"Affidavit of Notice"was acknowledged before me this 2zday of 2011 , by pUB ART of 2009 GROWTH WITNESS MY HAND AND OFFICIAL SEAL RE: CARRY•AO OTMENTS MANAGEMENT >FtY Pv Y GIVEN that a public hearin9 P, 2012,at n �� NOTICE IS HER My commission expires: m at 5:00 p.m.before the Aspen O °.'j° °° ,•°�� will be held on Monday,January meeting to beg Cit Hall, o;ty council,Council Chambers, Y Growth �: •� Galena St.,Aspen,to consider if any 'o A� r r Management Allotments from 2011 shall be i 11�;UA M. • l ^i �,. contact Jessica ���JJJ carried llotment"For further n o mation m 201 Develop- I ° + of Aspen Community en,Co, s N'A,,1N1JNC7 ° GarrOW at the City Notary Public mentDepartmene 3aS.,,. �nc:es enco.us. �,� °:Q (970)429.2780, Cj at Michael Colrelcand"for oho Aspen C fy pub1�hedptn the Aspen 1 Times Weekly on Decem- Fission Expires 0312912014 ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL • APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3