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HomeMy WebLinkAboutcoa.lu.gm.GMQS CarryForward.0085.2009 THE CITY OF A PE City of Aspen Community Development Department CASE NUMBER 0085.2009.ASLU PARCEL ID NUMBERS PROJECTS ADDRESS GMQS 130 S GALENA PLANNER CHRIS BENDON CASE DESCRIPTION GMQS REPRESENTATIVE CITY OF ASPEN DATE OF FINAL ACTION 1:11.10 CLOSED BY ANGELA SCOREY ON: 3.20.13 11 RESOLUTION N0. (SERIES OF 2010) A RESOLUTION OF THE ASPEN CITY COUNCIL ESTABLISHING THE "CARRY- FORWARD" GROWTH MANAGEMENT ALLOTMENT FOR 2010. WHEREAS, pursuant to City of Aspen band 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 2009: 1. The goals and objectives of the Aspen Area Community flan. 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 11, 2008 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 2010, by a to (,—_—)vote; and, WHEREAS, the City Council finds that the decision to carry forward none of the unused growth allotments from 2009 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 2009 to be available in 2010. l RESOLVED,APPROVED,AND ADOP'T'ED FINALLY this l I'day of January, 2010. Approved as to form: Approved as to content: `'City Attorney Michael C. reland,Mayor Atte . Kathryn S. ch,City Clerk z Exhibit A City of Aspen Growth Management Quota System-Annual Allotments Fns t Essential Public Commercial{square Affordable Ordinance/ Board 2009 lode allows} Facilities(square LL V � � feet g {p Housing Units'" ,rt Resolution Approval feet} Jan,2009 thru Dec.2 Annual Allotment 33,300 112 NIA NIA Carry-Forward from 0 0 NIA NIA previous ear Total Available for Year 33,300 112 NIA WA Aspen Club 0 0 112 12 0 Reso 15,2009 P8Z Approved Aspen Institute 0. 0 0 0 1,032 Ord d,2009 Council Approved Red Butte Cemetery 0 fl 0 0 1,300 Ord 12,2009 Council Approved Kenichi to 99 0 0 0 Reso 2,2009 P&Z Approved Jewish Community Center 0 0 0 0 700 Ord 8,2009 Council Approved Remaining o en It 33,202 0 N/A N/A NOTES: The P&Z and Staff recommended that 112 lodge pillow allotments for the Aspen Club be taken from the 2009 growth management year,but this is part of a Council Review that is scheduled for 2010 •^ There are no annual allotmentslimits for Affordable Housing Units or Essential Public Fac•lities Source- City of Aspen Com vni',y Devebpment Decant t GMQS Annual Allotments,2009 111112010 City Council Meeting 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. Most of the available allotments for 2009 went unclaimed, While this means the City of Aspen is within the 2% permitted growth rate for 2009, 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 growth management approvals, but do not yet have final approval from City Council. These include the Aspen Club, Bidwell, and the Lodge at Aspen Mountain. In addition, 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, Boomerang Lodge, and Hannah- Dustin (commercial portion). Vill MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Jessica Garrow, Long Range Planner A THRU: Chris Bendon, Community Development Director 06 RE: Growth Management Allotment Carry-Forward Review –Public Hearing Resolution No. J5, Series of 2010 DATE: January 11, 2010 SUMMARY: Tonight's hearing is a review of the "unused" growth allotments from 2009 and a decision on the amount to "carry-forward" to the 2010 growth management year. Each year, a certain amount of growth is allotted for potential 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 Typ e 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 2009 are summarized in Exhibit A. 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." City Council may carry-forward up to 18 free-market residential allotments, and 33,202 square feet of commercial space, which went unclaimed in 2009. 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 1 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 2010, carrying- forward none of the unused 2009 growth management allotments. CITY MANAGER COMMENTS: RECOMMENDED MOTION: "I move to approve Resolution No. � Series of 2010. ALTERNATE MOTION: "I move to approve Resolution No., , Series of 2010, with the following amendments ATTACHMENTS: ? Proposed Resolution No. , Series 2010 Exhibit A— Summary of 2008 growth management allotments Exhibit B —Carry Forward Review Criteria 2 Page 1 of 1 Chris Bendon From: Sunny Vann [vannassociates @comcast.net] Sent: Monday, January 11, 2010 2:10 PM To: Chris Bendon Cc: 'Bob Daniel'; 'John Sarpa' Subject: GMQS Allotment Requirements Chris, as requested. Lift One Lodge 69 net new fractional bedrooms require 138 lodge pillow allotment 7,187 s.f. net new commercial net leasable square footage allotment 4 net new free market residential unit allotment Lodge at Aspen Mountain 74 lodge units with 77 bedrooms require 154 lodge pillow allotment 20 fractional units with 20 lockoffs require 80 lodge pillow allotment Approximately 17,000 s.f. commercial (exact number and net leasable not available at this time) Free market residential covered by reconstruction credits The LOL allotment requirements are based on the development program approved in Resolution 52-09. The LAM numbers are derived from the COWOP end result and, as such, are subject to possible changes. Sunny Vann,AICP Vann Associates, LLC 230 East Hopkins Avenue Aspen,CO 81611 vannassociates @comcast.net (970)925-6958 (970)920-9310 Fax CONFIDENTIALITY NOTICE This message(including any attachments)contains information that may be confidential. Unless you are the intended recipient(or authorized to receive for the intended recipient),you may not read,print,retain, use,copy,distribute or disclose to anyone the message or any information contained in the message. If you have recieved the message in error, please advise the sender by reply e-mail,and destroy all copies of the original message(including any attachements). 1/11/2010 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE u�1S t,G�rut vrv-ad efF 2G�°) 61(owth l 1(zA��tyZnt NA, Aspen, CO SCHEDULED PUBLIC HEARING DATE: 20W STATE OF COLORADO ) ss. County of Pitkin ) (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: 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 , 200_, 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 Deve?opment 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) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. 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. 1 , Signature The foregoing "Affidavit of Notice" was acknowledged b foe me this day of ��ra,�� e� , 2001, by �o��+�� ����;�;�wc1 (! ��1 WITNESS MY HAND AND OFFICIAL SEAL tAURA My commission expires: MIC) I-D s f,4EYER or-,c . Notary Public My Corr-misstori Expires 0811012010 PUBLIC NOTICE ,i RE:CARRY-FORWARD OF 2009 GROWTH MANAGEMENT ALLOTMENTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday,January 11,2010,at a ATTACHMENTS AS APPLICABLE: meeting to begin at 5-00 p.m.before the Aspen City Council,Council Chambers,City Hall,130 S. • COPY O L THE P BLICATION Galena St.,Aspen,to consider if any Growth Man- 1 l' l LlL: Vl7 1. L agement Allotments from 2009 shall be carried forward and added to the 2010 Annual Allotment. • PHOTOGRAPH OF THE POSTED NOTICE(SIGN) For further information,contact Jessica Garrow at the City of Aspen Community Development De. LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOS 429.27 0, 130 S.Galena i.a Aspen,s. (970) • 429.2780,jessica.garrow�ci.aspen.co.us. BY MAIL s/Michael C.Ireland,Mayor Aspen City Council • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS, Published in the Aspen Times on December 27, AS REQUIRED BY C.R.S. §24-65.5-103.3 2009 [44308121 CAS - 26 �a • AS L4 I 'Pe7j,=tA- File Edit Record Navigate Form Reports Format Tab Help Jump 1 J Clear Routing Status Fees Fee Summary Main Actions Attachments Routing History Valuation Archf Eng Custom Fields 'Sub Permits type aslu (Aspen Land Use Permit,# 0085.2009.ASLU .Address I I Aptj5uite City State Zip mit Information Master permit Routing queue aslu07 Applied 1207912009 Project Status pending Approved Description GMQS CARRY FORWARD Issued Final Submitted Clock Running Days 358 Expires 17041201 D Submitted via Owner Last name CITY OF ASPEN First name 801 CASTLE CRK ASPEN C081611 Phone (970)920-5000 Address Applicant Owner is applicant? E]Contractor is applicant? Last name CITY OF ASPEN = First name 801 CASTLE CRK Phone (970)920-5000 Cust# 25771 Address ASPEN CO 81611 Lender Last name First name Phone O - Address Enter the permit applicant's customer number -- _ ,,,,AVenGold5(server) angelas +CA