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HomeMy WebLinkAboutcoa.lu.gm.2013 GMQS Rollover.0003.2014 40 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0003.2014.ASLU PARCEL ID NUMBERS N/A PROJECTS ADDRESS 130 GLAENA ST PLANNER JESSICA GARROW CASE DESCRIPTION GROWTH MANAGMENT AMENDMENT ROLLOVER REPRESENTATIVE CITY HALL DATE OF FINAL ACTION 4.7.13 CLOSED BY ANGELA SCOREY ON: 4.30.14 RESOLUTION NO.5 (SERIFS OF 2014) A RESOLUTION OF THE ASPEN CITY COI,,*NCIL ESTABLISHING THE"CARRY-FORWARD" GROAN"THMANAGEMENT ALLOTMENT FROM 2013 TO 2014. WHEREAS, pursuant to City of Aspen Land Use Code Sections 26.470.030.D and 26.470.0401;. the City Council shall review'. during a public hearing, the prior •ear's groivth summary, consider a recommendation from the CommuniIN 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-for"vard none of the unused growth management allotments from 2013: 1. The community's growth rate over the preceding five-year period. 1 The ability of the community to absorb the growth that could result from a proposed development utilizing accumulated allotments, including issues of scale. infrastructure capacitv, construction impacts and community character, ti 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 13, 2014 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. 5,Series of 2014,by a five to zero(5—0)vote;and, WHEREAS, the City Council finds that the decision to carry forward 112 of the unused lodge pillow aro,mh allotments from 2013 meets or exceeds all applicable standards-,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, COLOR-ADO: That the City Council carries forward 112 of the unused lodge, pillow growth management allotments from 2013 to be available in '20 14. RESOLVED,APPROVED,AND ADOPTED FINALLY this lath day of January, 2014. Approved as to form: Approved as to content: es R.True,City Attorney Steygn Skad ron,Mayor Attest: 'K'athn!n S. K City Clerk MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Jessica Garrow, Long Range Planner 6 ^-t THRU: Chris Bendon, Community Development Director 9,1W RE: Growth Management Allotment Carry-Forward Review–Public Hearing Resolution No. 5, Series of 2014 DATE: January 13, 2014 SUMMARY: The purpose of this public hearing is a review of the "unused" growth allotments from 2013 and a decision on the amount to "carry-forward" to the 2014 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 2013 are summarized in Exhibit A. One (1) free-market residential allotment, 7,566 square feet of commercial net leasable space, and zero (0) lodging pillows were granted in 2013. 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, 25,734 square feet of commercial space, and 112 lodging pillows, which went unclaimed in 2013. 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, as well as the City's goals of bolstering the lodging base, staff recommends the 112 lodging allotments be carried forward into 2014, but that none of the commercial or free-market residential allotments be carried forward. Staff is currently working on code amendments related to City Council's top ten goal of improving and increasing the lodging bedbase. Those code amendments will likely change the growth management section as it relates to lodging, including potentially having an automatic rollover of lodge allotments, or eliminating lodging allotments for a certain time period. These will be reviewed by City Council in the coming months. At this time, staff recommends rolling the 2013 lodge allotments over to support the city's overall lodging goals. A more detailed analysis of these review criteria can be found in Exhibit B. RECOMMENDATION: Staff recommends City Council approve Resolution No. 5, Series of 2014, carrying- forward 112 of the unused 2013 growth management lodge pillow allotments. CITY MANAGER COMMENTS: RECOMMENDED MOTION: "I move to approve Resolution No. 5, Series of 2014. ATTACHMENTS: Proposed Resolution No. 5, Series 2014 Exhibit A— Summary of 2013 growth management allotments Exhibit B—Carry Forward Review Criteria 2 RESOLUTION NO. 5 (SERIES OF 2014) A RESOLUTION OF THE ASPEN CITY COUNCIL ESTABLISHING THE "CARRY-FORWARD" GROWTH MANAGEMENT ALLOTMENT FROM 2013 TO 2014. 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 2013: 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 13, 2014 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. 5, Series of 2014, by a to L — vote; and, WHEREAS, the City Council finds that the decision to carry forward 112 of the unused lodge pillow growth allotments from 2013 meets or exceeds all applicable standards; 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 112 of the unused lodge pillow growth management allotments from 2013 to be available in 2014. RESOLVED, APPROVED, AND ADOPTED FINALLY this 13th day of January, 2014. Approved as to form: Approved as to content: James R. True, City Attorney Steven Skadron,Mayor Attest: Kathryn S. Koch, City Clerk 1 City of Aspen Growth Management Quota System - Annual Allotments 2013 Free-Market Residential Commercial (square Lodge Ordinance/ Resolution Board Approval Jan.2013 thru Dec.2013 Allotments feet net leasable) (pillows) Annual Allotment 18 33,300 112 Carry-Forward from 0 0 0 previous year Total Available for Year 18 33,300 112 OW 420 E Hyman (Zocalito) - 786 - Reso 13, Series 2013 P&Z &City Council Approved 616 E Hyman Gulfco 1 580 - Reso 9, Series 2013 P&Z Approved 204 S Galena (Gap) - 6,200 - Reso 11, Series 2013 P&Z Approved Remaining Allotments 17 25,734 112 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 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. In 2013, very few allotments were used, leaving up to 17 free-market residential allotments, 25,734 square feet of commercial space, and 112 lodging pillows available to rollover into 2014. 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. 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. 3. The expected impact from approved developments that have obtained allotments, but that have not yet been built. Staff Response: There are no pending projects that have requested growth management approvals, but do not yet have final approval from P&Z and/or City Council. There are projects that have not completed construction, but are moving towards completion or building permits, including the Aspen Club and Hospital projects. Additionally, staff has had conversations with individuals in the lodging and condominium sectors as part of the City's work to bolster the lodging base. A number of entities have expressed interest in updating their product and possibly creating new product if the City follows through on code amendments aimed at improving and increasing the bed base. At this time, staff recommends rolling over just the unused lodge allotments in an effort to further this City goal. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ,n *W rn �o "\ cxna& 4S oA A ( l r- +roenis , Aspen, CO S(JJEDULED PUBLIC HEARING DATE: c ,ua 20?-t STATE OF COLORADO ) ) ss. County of Pitkin ) 1, 2 1 + I n (name, please print) being or representing an plicant 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 w4senot�less than twent*two (22) inches wide and twenty-six (26) inches high, .arid .which'wai:compgsgdr of leiers not less than die'inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing on 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 DepArtmenta which contains the information described in Section 26.304.060(E)(2) of the•Asr*n I.,and 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. Neighborhood Outreach: Applicant attests that neighborhood outreach, sunnnarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public 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, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amnendnient. 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 snap 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. Sign a ure The foregoin "Affidavit of Notice"was know le ed before me this?i day of 20�,byl PUBLIC NOTICE MY Y HAND AND OFFICIAL SEAL RE:CARRY-FORWARD OF 2013 GROWTH MANAGEMENT ALLOTMENTS NOTICE IS HEREBY GIVEN that a public hearing �I I will be held on Monday,January 13,2014,at a " meeting to begin at 5:00 p.m.before the Aspen M commission expires: City Council,Cocil Chambers,City Hall,130 S. Y Galena St.,Aspeunn,to consider if any Growth Man- agement Allotments from 2013 shall be Al carried forward and added to the 2014 Annual Allotment. For further information,contact Jessica Garrow at the City of Aspen Community Development De- partment,130 S.Galena St.,Aspen,CO,(970) Notary ub11C 429.2780,jessica.garrow @cityofaspen.com. s/Steven Skadron Mavor Aspen City Council Published in the Aspen Times Weekly on Decem- ber 26,2013. [9811581 ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. 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