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HomeMy WebLinkAboutLand Use Case.GM.City Wide.0007.2013.ASLU THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0007.2013.ASLU PARCEL ID NUMBERS PROJECTS ADDRESS 130 S GALENA PLANNER JESS GARROW CASE DESCRIPTION GMQS ROLLOVER (2o 12) REPRESENTATIVE CITY HALL DATE OF FINAL ACTION 2.5.13 CLOSED BY ANGELA SCOREY ON: 5/10/13 RESOLUTION N0. 14 (SERIES OF 2013) A RESOLUTION OF THE ASPEN CITY COUNCIL ESTABLISHING THE "CARRY-FORWARD" GROWTH MANAGEMENT ALLOTMENT FOR 2013. WHEREAS, pursuant to City of Aspen Land Use Code Sections 26.470.030.1) 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 2012: 1. The community's growth rate over the preceding five-year period. 2. 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. 3. The expected impact from approved developments that have obtained allotments,but that have not yet been built. WHEREAS, during a duly noticed public hearing on January 28, 2013 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. 14, Series of 2013,by a five to zero(5—0)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 2012 to be available in 2013. RESOLVED,APPROVED,AND ADOPTED FINALLY this 28th day of January,2013. Approved as to form: Approved as to content: mes R.True,City Attorney Michael C. Ireland,May Attest: a ryn S. Ko ,City Clerk 1 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: w//+ , Aspen, CO SCHEDULED PUBLIC HEARING DATE: �,dcz y vr� 29� e 5';oo Dm 20_L3 STATE OF COLORADO ) ss. County of Pitkin ) 1 (name, please print) being or representing an Applicant to the ity 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 , 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 CD day ofM , 20_1 by PUBLIC NOTICE RE: ° RY-FORWARD OF 2012 GROWTH ,p v" AGEMENTALLOTMENTS WITNESS MY HAND AND OFFICIAL SEAL NOTICE IS HEREBY GIVEN tha pub2013aat a D will be held on Monday,Januar 28, 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 Man- •�� My mmission expires. agement Allotments from 2012 shall be carried M. u forward and added o the 2012 Annual Allotment. 1Mf For further informati on,contact Jessica Garrow at the City of Aspen community Development De- qG partment,130 S.Galena St.,Aspen,CO,(970) tlV:� 429.2780,iessica aarrowOci ascen co.us. s/ s _ety o a 'Public N Ap^ciCunc Published in the Aspen Times Weekly on January i 10,2013[8784309] ONg/2Qr! t 4 i 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 MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Jessica Garrow, Long Range Planner THRU: Chris Bendon, Community Development Director RE: Growth Management Allotment Carry-Forward Review–Public Hearing Resolution No. (t, Series of 2013 DATE: January 28, 2013 SUMMARY: The purpose of this public hearing is a review of the "unused" growth allotments from 2012 and a decision on the amount to "carry-forward" to the 2013 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 T a 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 2012 are summarized in Exhibit A. One (1) free-market residential allotment, 2,056 square feet of commercial net leasable space, and six (6) lodging pillows were granted in 2012. 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." 1 This year, City Council may carry-forward up to 17 free-market residential allotments, 31,244 square feet of commercial space, and 106 lodging pillows, which went unclaimed _ in 2012. 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 community's growth rate over the preceding five-year period. 2. 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. 3. 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 2013, carrying- forward none of the unused 2012 growth management allotments. CITY MANAGER COMMENTS: RECOMMENDED MOTION: "I move to approve Resolution No. , Series of 2013. ATTACHMENTS: Proposed Resolution No. , Series 2013 Exhibit A— Summary of 2012 growth management allotments Exhibit B—Carry Forward Review Criteria 2 0007. 2 6 13 , AS t4 Permits Y/ q y ij I I File Edit Record Navigate Form Report Format Tab Help , W , jump 1 Ranting Status Fees Fee Surnmar Main Actions Attachments Routing ory 1,1aluation Arc Err Custom Fields Sub Pe w ,Parcels type -� Permit !aslu As-en Land Use Perms 000?2013.ASLU r Address ,130 S GALENA ApgSute 3 City iASPEP�— State FC07 zip 81011 X Permit Information 5 Master permit Routing queue aslu07 71 Applied 02105.'2013 i Project Status pending Apprtnfed Description APPLICAMN FOR GMQS 2012 ROLLOVER Issued I Closed;Final • Submitted CITY OF ASPEN God Running Days Expires 01:0311201 Owner Last name CITY OF ASPEN First name :130 S GALENA ST ASPEh1 CO 81811 Phone 1(97 1920-60 020-:,000 Address I I Applicant Owner is applicant? 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