HomeMy WebLinkAboutcoa.lu.gm.GMQS Carry Forward.0084.2010 THE CITY OF ASPEN
sPEN
City of Aspen Community Development Department
CASE NUMBER 0084.2010.ASLU
PARCEL ID NUMBERS
PROJECTS ADDRESS GMQS 130 S GALENA
PLANNER JESSICA GARROW
CASE DESCRIPTION GMQS-CARRY FORWARD
REPRESENTATIVE CITY OF ASPEN
DATE OF FINAL ACTION 12/17/11
CLOSED BY ANGELA SCOREY ON: 3.20.13
RESOLUTION N0.�Q
(SERIES OF 201 1)
A RESOLUTION OF THE ASPEN CITY COUNCIL ESTABLISHING THE "CARRY-
FORWARD"GROWTH MANAGEMENT ALLOTMENT FOR 2011.
WHEREAS, pursuant to City of Aspen Land Use Code Sections 26.470.030.13 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 2010:
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 10, 2011 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 2011,by a to (_—__)vote; and,
WHEREAS, the City Council finds that the decision to carry forward none of the unused
growth allotments from 2010 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 2010 to be available in 2011.
I
RESOLVED, APPROVED,AND ADOPTED FINALLY this 106 day of January, 2011.
Approved as to form: Approved as to content:
_.-.-City' torney Michael C. Ireland, M or
Attest-
athryn S. �"hl City Clerk
2
c a
MEMORANDUM
TO: Mayor Ireland and Aspen City Council
FROM: Jessica Garrow, Long Range Planner'( X,
THRU: Chris Bendon, Community Development Director
RE: Growth Management Allotment Carry-Forward Review – Public Hearing
Resolution No. �, Series of 2011
DATE: January 10, 2011
SUMMARY:
The purpose of this public hearing is a review of the "unused" growth allotments from
2010 and a decision on the amount to "carry-forward" to the 2011 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 Carryt from prior
forward
+ allotment
allotments allotment
ear
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 facile No annual limit
Growth allotments granted in 2010 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 8 free-market residential allotments, 1,644 square
feet of commercial space, and 20 lodging pillows, which went unclaimed in 2010.
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 2011, carrying-
forward none of the unused 2010 growth management allotments.
CITY MANAGER COMMENTS:
RECOMMENDED MOTION:
"I move to approve Resolution No.ra , Series of 2011.
ALTERNATE MOTION:
"I move to approve Resolution No. 40 , Series of 2011, with the following amendments
ATTACHMENTS:
Proposed Resolution No.(a-., Series 2011
Fxhibit A — Summary of 2010 growth management allotments
Exhibit B —Carry Forward Review Criteria
2
City of Aspen
Growth Management Quota System-Annual Allotments
2010 Free-Marta Commercial Affordable
Lodge Essential Public Ordinance/
ResideatW (square feet net Housing Board Approval
Jan,2010 thru Dec.2010 ANOt}IMOAU leasable) (p Units' Facilities(square feet)" Resolution
Annual Allotment 1a 33,300 112 NIA NIA
Cary-Forward from previous 0 0 0 NIA NIA
year
Total Available for Year 1t 3 112 NIA NIA
Silvedining Ranch 1 0 O 0 O" Reso 11,2010 P&Z Approved {
Hospital 0 27008 0 18 61,416 Reso8 2010 P&Z Approved
301 W Hyman AH 0 0 0 8 0 Reso 4,2010 P&Z Approved I
632 E Hopkins 1 434 0 1 0 Reso 20 2010 P&Z Approved I
630 E Hyman(Crandall) 1 0 0 0 0 Ord 33,2010 Administrative GMQS,
Designation by Council Approved
Boomerang Change in Use 0 0 0 46 0 Reso 20 2010 P&Z Approved
Aspen Art Museum 0 809000 0 0 20,600 Ord 16,2010 Council Approved
Aspen Art Museum MU 2" 4106*• 0 0 0 Ord 16,2010 Council
Approved
parcel
Aspen Energy Center 0 0 0 0 2,026 Ord 16,2010 Council Pending
726 W Francis(Crossroads 0 0 0 4,774 Ord 11,2010 Council Approved
Church
Given Institute 3 0 0 0 0 not assigned Council Pending
Lift One Lode 4 4 92 8 0 not assigned Council Pending
Stage 3 0 222 0 0 0 not assigned Administrative GMQS,final
approval by Council Pending i
Aspen Walk 0 0 0 7 0 notissigned P&Z Pending
Remaining Allotments r 1844 20 NIA N/A i
NOTES:
There are no annual allotmentsitimits for Affordable Housing Units or Essential Public Facilities
Silveriining Ranch approvals allow for the conversion of the existing 18,000 sq,ft,building(14,000 floor area)to a singl family home.
The Art Museum is a result of a settlement of the Weinerstube lawsuit. The Weenerstube project was granted commercail growth management allotments totalling 10,528 sq.
ft.from the 2006 Growth Management Year,and 6 free-market residential allotments from the 2007 Growth Management Year. The new art museum and mixed-use building
are using the 2006 and 2007 growth management allotments that had been previously granted,and are not deducted from the 2010 Growth Management Year.
Source: City of Aspen Community Development Department
a
F,xhibit 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 2010 went unclaimed. While this means the City of Aspen is within the 2% permitted
growth rate for 2010, 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 f ve 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 requested growth management
approvals, but do not yet have final approval from P&Z and/or City Council. These
include the boomerang change in use, and the Given Institute.
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, Hannah-Dustin (commercial
portion), Phase 2 of the Hospital. 301 W Hyman affordable housing, and the Crandall
Building.
Exhibit A
City of Aspen
Growth Management Quota System-Annual Allotments
Free-Market Commercial(square Lod Affordable Essential Public Ordinance/ Board
2009 Residential feet net leasable) Lodge(pillows)* Housing Units** Facilities(square feet)** Resolution Approval
Allotments
Jan.2009 thru Dec.2009
Annual Allotment 18 33,300 112 NIA N/A
Carry-Forward from 0 0 0 NIA N/A
previous yea r
Total Available for Year 18 33,300 112 NIA NIA
Aspen Club 0 0 112 12 0 Reso 15,2009 P&Z A roved
Aspen Institute 0 0 0 0 1,032 Ord 4,2009 Council Approved
Red Butte Cemete 0 0 0 0 1,300 Ord 12,2009 Council Approved
Kenichi 0 0 0 0 0 Reso 2,2009 PB�Z Approved
Je 0 0 0 700 Ord 8,2009 Council Approved
wish Community Center 0
Remaining A otments 18 33,202 1 0 N/A NIA
NOTES:
The P&Z and Staff recommended that 112 lodge pillow allotments for the Aspen Club betaken from the 2009 growth management year,but this is part of a Council Review that is scheduled for 2010
There are no annual allotments/limits for Affordable Housing Units or Essential Public Facilities
Source: City of Aspen Community Development Department
GMQS Annual Allotments,2009
1/11/2010 City Council Meeting
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
4-
Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
STATE OF COLORADO )
ss.
County of Pitkin )
I, 'J' <_�"'r (name, please print)
being or represe Ling an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.')04.060
(E) of the spen 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 hearin�
and was continuously visible from the day of 5200 , t r
and including the date and time of the public hearing. A photograph of the poster
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 tc
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.
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this ;? <day
of, by
WITNESS MY HAND AND OFFICIAL SEAL
PUBLIC NOTICE
RE: CARRY-FORWARD OF 2009 GROWTH ^O
MANAGEMENT ALLOTMENTS My com Sion expi jes: p(J
NOTICE IS HEREBY GIVEN that a public hearing
c will be held on Monday,January 10,2011,at a
meeting to begin at 5:00 p.m.before the Aspen
City Council,Council Chambers,City Hall,130 S.
Galena St.,Aspen,to consider if any Growth A_
Management forward Allotments from 2010 shall al Notary Publ
ca?tied forward and added to the 2011 Annual
A&tment. For further information,contact Jessica
G i'row at the City of Aspen Community Develop-
' Department,130 S.Galena St.,Aspen,CQ
iq?O)
(9110)429.2780,Jessica garrowC�ci aspen.co.us. A
s/Michael C.Ireland,Mayor o e••••••••••Q,
Aspen City Council �: •':��
e
Published in the Aspen limes Weekly on Decem-
ber J.
26,2010[5975830] : �
2-&J1 X. HMENTS AS APPLICABLE: GARSKE
+ COPY OF THE PUBLICATION y �Q
• PHOTOGRAPH OF THE POSTED NOTICE(SIGN) OF
• LIST OF THE OWNERSAND GOVERNMENTAL AGENCIL� o g. igplg
BYMAIL
• APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE
AS REQUIRED BY C.R.S. X24-65.5-103.3