HomeMy WebLinkAboutcoa.lu.ca.code amendment.growth managment.0032.2014.aslu0032.2014.ASLU 130 S. GALENA ST
GROWTH MANAGEMENT AMENDMENT
/// SMEAD
No. ET2ml5OC
I'MO`')744r)
I \'-'FRTSIEG
I e ..iURQtvCa im-i
C�
�I
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0032.2014.ASLU
PARCEL ID NUMBERS 2737 — 073 06 851
PROJECTS ADDRESS 130 GLAENA ST
PLANNER JESSICA GARROW
CASE DESCRIPTION GROWTH MANAGMENT
AMENDMENT
REPRESENTATIVE CITY HALL
DATE OF FINAL ACTION 4.7.13
CLOSED BY ANGELA SCOREY ON: 4.30.14
•
ORDINANCE No. 2
(Series of 2014)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO
CHAPTER 26.470 — GROWTH MANAGEMENT QUOTA SYSTEM, OF THE CITY OF
ASPEN LAND USE CODE.
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of' Aspen
Land Use Code, the City Council of the City of Aspen directed the Community Development
Department to craft a code amendment to eliminate the twice yearly submission deadlines in
the Growth Management Code s; and.
WHEREAS, pursuant to Section 26.310. applications to amend the text of Title 26 of the
Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by
City Council, and then final action by City Council after reviewing and considering the
recommendation from the Community Development; and,
WHEREAS, pursuant to Section 26.310.020(B)(1). the Community Development
Department conducted Public Outreach with City Council regarding the code amendment; and.
WHEREAS, pursuant to Section 26.310.0210(13)(2). during a duly noticed public hearing
on January 13. 2014. the City Council directed staff to draft a code amendment that would
eliminate the twice yearly submission deadlines in the growth management code; and,
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to the City of Aspen Land Use Code Section 26.470. and.
WHEREAS, the Aspen City Council has reviewed the proposed code amendments and
finds that the amendments rneet or exceed all applicable standards pursuant to Chapter 26.310.050,
and.
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety. and welfare: and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1: Code Amendment Objective
The objective of the proposed code amendments is to eliminate the rebruar}- 15`11 and August 15t'
submission deadlines for growth management applications, and instead allow rolling submissions
all year long. This Code amendment shall apply to all applications made in the 2014 growth
management year.
G\. IQS competition Code Amendment
Ordinance 2, Series 2014
Pagc I of 5
• 9
Section 2: Section 26.470.030.1), subsection 'Annual allotment shall be amended as follows:
Annual allotment. The annual allotment reflects each year's potential growth within the City,
applied to each type of land use. The annual allotment may be reduced if multi -year allotments
are granted by the City Council. The following annual allotments are hereby established:
Development T}Pe
Annual Allotment
Residential — Free -Market
18 units
Commercial
33,300 net leasable square
feet
Residential — Affordable
I lousing
No annual limit
Lodging
112 pillows
IEssential public facility
No annual limit
Allotments shall be considered not granted upon denial of the project and completion of any
appeals. .Allotments shall be considered vacated by a property owner upon s{ritten notification
from the property owner.
(,.Ill other portions of Section 26. 470, 030. D remain unchanged/
Section 3: Section 26.470.03 E, .4vailahle allotment in each of two (2) annual application
sessions, shall be deleted. All subsequent sections shall be renumbered as follows:
Section F becomes Section E
Section 4: Section 26,470.070. Nfinor Planning and Zoning Commission applications, shall be
renamed to "Planning and "honing C:'ommi.ssion applications," and all references to-:11inor
Planning and Zoning Commission applications" are hereby renamed "Planning and Zoning
Commission applications."
Section 5: Section 26,470.080, Afajor Planning and Zoning Commission applications, is deleted
and the five subsections are moved to Section 26.470.070, Planning cord Zoning Commission
applications. Subsections 1-5 that are being moved from 26.470.080 to 26.470.070 shall be
renumbered as follows:
6. Expansion or new commercial development.
7. New free-market residential units within a multi -family or mixed -use project.
8. Lodge development.
9. Residential development -- sixty percent (60%) affordable.
GMQS competition Code Amendment
Ordinance 2. Series 1-014
Page 2 of 5
• 0
10. Residential development - seventy percent (70%) affordable.
Section 6: Section 26.470.1 10.13, Growth management review procedures. Application review
procedures - administrative review applications, minor P&Z. review application and City Council
review applications, shall be amended as follows:
B. Application review procedures
1. Application submission dates. An application for growth management allocation may be
submitted to the Community Development Director on any date of the year.
2. Administrative applications. Growth management applications for Community
Development Director review shall be submitted to the Community Development
Director who shall, based on the applicable standards identified in Section 26.470.060,
approve, approve with conditions or disapprove the application.
3. Planning, and Zoning Commission applications. Growth management applications for
Planning and "Zoning Commission review shall be reviewed by the Community
Development Director. who shall for�vard a recommendation to the Planning and Zoning
Commission, based on the applicable standards identified in Section 26.470.070, that the
application be approved, approved with conditions or disapproved.
The Planning and Zoning Commission shall review the application according to the
applicable standards, consider the recommendation of the Community Development
Director and, during a public hearing, adopt a resolution approving, approving with
conditions or disapproving the application. Notice of the hearing shall be by publication,
posting and mailing, pursuant to Subsection 26.304.060.E.
City Council applications. Growth management review applications for City Council
review shall be submitted to the Community Development Director, who shall forward a
recommendation to the Planning and Zoning Commission, based on the applicable
standards identified in Section 26.470.040. that the application be approved, approved
with conditions or disapproved.
The Planning and Zoning Commission shall review the application during a public
hearing according to the applicable standards and, by resolution, recommend to City
Council that the application be approved, approved with conditions or disapproved.
Notice of the hearing shall be by publication, posting and mailing, pursuant to Subsection
26.304.060. G.
City Council shall review the application according to the applicable standards, consider
the recommendation of the Planning and Zoning Commission, the recommendation of the
Community Development Director and, during a public hearing, adopt an ordinance
approving, approving with conditions or disapproving the application. Notice of the
hearing shall be by publication, posting and mailing, pursuant to Subsection
26.304.060.E.
Gh1QS competition Code Amendment
Ordinance 2. Series 2014
Page 3 01,5
City Council review applications that require major Planning and 'Zoning Commission
review shall be reviewed pursuant to the process outlined in Subsection 26.470.1 10.C.
Section 7: Section 26.470.110.C. Grovah management review procedures. Application revie\\
procedures — major Planning and Zoning Commission review, shall be deleted. All subsequent
sections shall be renumbered as follows:
Section D becomes Section C
Section E becomes Section D
Section F becomes Section E
Section 8: Section 26.470.1 10.F.10 (renumbered to 26.470.110.E.10) shall be deleted.
Section 9: Section 26.470.120, Community objective scoring criteria, shall be deleted.
Section 10: Section 26.470.150.A Appeals —Appeals of community objective scoring, shall be
deleted. All subsequent sections shall be renumbered as follows:
Section B becomes Section A
Section C becomes Section B
Section D becomes Section C
Section 1 l : Effect Upon Existine Litigation.
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 12: Sever_ ability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 13: Effective Date.
In accordance with Section 4.9 of the Cite of Aspen Ilome Rule Charter, this ordinance shall
become effective thirty (30) days tiollo«ing final passage.
Section 14:
A public hearing on this ordinance shall be held on the 10'h day ol' February, 2014, at a meeting of
the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall
be published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 27th day of'.tanuary, 2014.
G1QS competition Code Amendment
Ordinance 2, Series 2014
Page 4of5
0 •
Attest:
Kathryn S. K Vity Clerk Steven Skagron, Mayor
FINALLY, adopted, passed and approved this loth day of February, 2014.
Ati e .
athryn S. Ko , City Clerk
Approved as to form:
l 'City Attorney
Steven SkIdrot , . avtir
N
GMQS competition Code Amendment
Ordinance 2. Series 2014
Page 5 of 5
/�o-' 4, 0
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
DRESS OF PROPERTY:
, Aspen, CO
SCHEDULED PUBLIC HEARING DATE: , L
U� ,20lT
STATE OF COLORADO
ss.
County of Pitkin )
I, ��jwLlE-Zy/V !9 • kJ4:5-19-w6d (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
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 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.
Neighborhood Outreach: Applicant attests that neighborhood outreach,
surrunarized 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 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.
/LN
'J
1
The foregoing "Affidavit of Not'i F" was acknowledged before me i day
of JA-I JUA-jOV , 20a, by
PU9uc NoncE
RE: AMENDMENT TO THE CITY OF ASPEN
LAND USE CODE
NOTICE IS HEREBY GIVEN that a public hearing
will be held on Monday, February10, 2014, 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 an amendment to
the text of the Land Use Code. The amendment
would eliminate the February 15th and August 15th
growth management application deadlines and in-
stead allow for applicants to submit any time dur-
ing the year. For further information, contact Jessi-
ca w at the City of Asppen Comm ni y
evelopment Department, 130 S. Galena St., As-
pen, CO, (970) 429-2780. lessica.garrowOci.as-
pen.co.us.
yen Skedroq Mayor
Aspen City Council
Published in the Aspen Times Weekly on January
23,2014. [98771021
WITNESS MY HAND AND OFFICIAL SEAL
M
otary Public
expires: >_—_?2C—`
UQ AID M � NACi
ATTACHMENTS AS APPLICABLE:
• COPY OF THE PUBLICATION
LINDA M.
� �
• PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
• LIST OF THE OWNERS AND GOVERNMENTAL AGENCIEMYAM°tLEY c' 03i22912914
BY MAIL
• APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
0
MEMORANDUM
TO: Mayor and City Council
FROM: Jessica Garrow, Long Range Planner�I'�
THRU: Chris Bendon, Community Development Director 3W
RE: Growth Management Submission Deadlines Code Amendment
Ordinance 2, Series of 2014, First Reading- P H .
MEETING DATE: February 10, 2014
SUMMARY:
The attached Ordinance includes a proposed code amendment to eliminate the twice yearly Growth
Management submission deadlines. The objective of the proposed code amendments is to eliminate
the February 15`h and August 15t' submission deadlines for growth management applications, and
instead allow rolling submissions all year long. In addition, the code amendment eliminates the
competitive scoring system, as it becomes obsolete when the application deadlines are eliminated.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed Ordinance.
LAND USE REQUESTS AND REVIEW PROCEDURES:
This is the 2" reading of proposed code amendments to eliminate the Growth Management
application submission deadlines and the competitive scoring system in the Growth Management
Chapter of the Land Use Code. Pursuant to Land Use Code Section 26.310, City Council is the
final review authority for all code amendments.
All code amendments are subject to a three -step process. This is the third step in the process:
1. Public Outreach
2. Policy Resolution by City Council indicating if an amendment should the pursued
3. Public Hearings on Ordinance outlining specific code amendments.
Steps 1 and 2 occurred as part of the public hearing on Hotel Aspen on January 13, 2014. At
that meeting City Council directed staff to pursue this code amendment.
BACKGROUND & OVERVIEW:
Growth Management Deadlines: The Growth Management code is divided into four (4) types
of development applications — Administrative Applications, Minor P&Z Applications, Major
P&Z Applications, and City Council Applications. Only applications under the Major P&Z
category are limited to when they can be submitted. All other applications can be made at any
time of the year and can request growth management allotments on a first -come, first -served
1.27.2014 — First Reading Growth Management Competition Code Amendment
Page I of 2
basis. Major P&Z applications can only be submitted on February 15`h and August 15`h. If the
allotments have been used by other projects by these dates, an applicant is forced to wait until the
next submission deadline, which could be a year away. Similarly, if a project receives other
requisite land use approvals after the deadline, the applicant must wait until the next submission
date to receive their allotments. This can create significant time delays for an applicant.
The proposed code amendment eliminates the Major P&Z applications, moving those reviews
into the Minor P&Z application category and allowing an applicant to apply at any time during
the year.
Competitive Scoring: Major P&Z projects are required to comply with "Community Objective
Scoring" as part of their review. No other projects are subject to this review. The review is done
administratively, and scores a project against community goals, including providing more
affordable housing than is required by code, achieving LEED Certification, and providing lodge
units that average 400 sq ft in size or less. The intent of the system was to "reward" projects that
exceed code in these areas by allowing them to be reviewed first, and therefore have "first dibs"
on the available allotments.
Since the system was adopted in 2006 there have always been more allotments available than
requests, so the scoring system has not impacted which projects move forward. In fact, in some
years multiple projects have applied that received zero points in the scoring system, so the intent
of the system has not matched the reality of what applicants are requesting.
Because only Major P&Z applications are required to go through scoring, eliminating this
section and allowing all growth management applications to be reviewed on a first -come, first -
served basis renders the competition provision of the code obsolete.
STAFF RECOMMENDATION:
Staff recommends adoption of the attached Ordinance. The changes Council has requested have
been on staff s list of amendments related to the lodging work, and staff had planned to bring
these forward in March as part of that work. This Ordinance speeds the implementation of this
and eases the burden for existing projects needing 2014 growth management allotments.
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Ordinance No. 2, Series of 2014, approving amendments eliminating the
Growth Management application submission deadlines and the competitive scoring system in the
Growth Management Chapter of the Land Use Code."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A — Staff Findings
Exhibit B — Proposed Code Amendment Language
1.27.2014 — First Reading Growth Management Competition Code Amendment
Page 2 of 2
! 0
ORDINANCE No. 2
(Series of 2014)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO
CHAPTER 26.470 — GRWOTH MANAGEMENT QUOTA SYSTEM, OF THE CITY OF
ASPEN LAND USE CODE.
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen
Land Use Code, the City Council of the City of Aspen directed the Community Development
Department to craft a code amendment to eliminate the twice yearly submission deadlines in
the Growth Management Code s; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the
Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by
City Council, and then final action by City Council after reviewing and considering the
recommendation from the Community Development; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach with City Council regarding the code amendment; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing
on January 13, 2014, the City Council directed staff to draft a code amendment that would
eliminate the twice yearly submission deadlines in the growth management code; and,
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to the City of Aspen Land Use Code Section 26.470; and,
WHEREAS, the Aspen City Council has reviewed the proposed code amendments and
finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050;
and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1: Code Amendment Objective
The objective of the proposed code amendments is to eliminate the February 15`h and August 15''
submission deadlines for growth management applications, and instead allow rolling submissions
all year long. This Code amendment shall apply to all applications made in the 2014 growth
management year.
GMQS competition Code Amendment
Ordinance 2, Series 2013
Page 1 of 5
0 0
Section 2: Section 26.470.030.13, subsection "Annual allotment", shall be amended as follows:
Annual allotment. The annual allotment reflects each year's potential growth within the City,
applied to each type of land use. The annual allotment may be reduced if multi -year allotments
are granted by the City Council. The following annual allotments are hereby established:
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
Allotments shall be considered not granted upon denial of the project and completion of any
appeals. Allotments shall be considered vacated by a property owner upon written notification
from the property owner.
[All other portions of Section 26.470.030. D remain unchanged]
Section 3: Section 26.470.030.E, Available allotment in each of two (2) annual application
sessions, shall be deleted. All subsequent sections shall be renumbered as follows:
Section F becomes Section E
Section 4: Section 26.470.070, Minor Planning and Zoning Commission applications, shall be
renamed to "Planning and Zoning Commission applications," and all references to "Minor
Planning and Zoning Commission applications" are hereby renamed "Planning and Zoning
Commission applications."
Section 5: Section 26.470.080, Major Planning and Zoning Commission applications, is deleted
and the five subsections are moved to Section 26.470.070, Planning and Zoning Commission
applications. Subsections 1-5 that are being moved from 26.470.080 to 26.470.070 shall be
renumbered as follows:
6. Expansion or new commercial development.
7. New free-market residential units within a multi -family or mixed -use project.
8. Lodge development.
9. Residential development — sixty percent (60%) affordable.
GMQS competition Code Amendment
Ordinance 2, Series 2013
Page 2 of 5
0
10. Residential development — seventy percent (70%) affordable.
Section 6: Section 26.470.110.13, Growth management review procedures, Application review
procedures — administrative review applications, minor P&Z review application and City Council
review applications, shall be amended as follows:
B. Application review procedures
1. Application submission dates. An application for growth management allocation may be
submitted to the Community Development Director on any date of the year.
2. Administrative applications. Growth management applications for Community
Development Director review shall be submitted to the Community Development
Director who shall, based on the applicable standards identified in Section 26.470.060,
approve, approve with conditions or disapprove the application.
Planning and Zoning Commission applications. Growth management applications for
Planning and Zoning Commission review shall be reviewed by the Community
Development Director, who shall forward a recommendation to the Planning and Zoning
Commission, based on the applicable standards identified in Section 26.470.070, that the
application be approved, approved with conditions or disapproved.
The Planning and Zoning Commission shall review the application according to the
applicable standards, consider the recommendation of the Community Development
Director and, during a public hearing, adopt a resolution approving, approving with
conditions or disapproving the application. Notice of the hearing shall be by publication,
posting and mailing, pursuant to Subsection 26.304.060.E.
4. City Council applications. Growth management review applications for City Council
review shall be submitted to the Community Development Director, who shall forward a
recommendation to the Planning and Zoning Commission, based on the applicable
standards identified in Section 26.470.090, that the application be approved, approved
with conditions or disapproved.
The Planning and Zoning Commission shall review the application during a public
hearing according to the applicable standards and, by resolution, recommend to City
Council that the application be approved, approved with conditions or disapproved.
Notice of the hearing shall be by publication, posting and mailing, pursuant to Subsection
26.304.060.E.
City Council shall review the application according to the applicable standards, consider
the recommendation of the Planning and Zoning Commission, the recommendation of the
Community Development Director and, during a public hearing, adopt an ordinance
approving, approving with conditions or disapproving the application. Notice of the
hearing shall be by publication, posting and mailing, pursuant to Subsection
26.304.060.E.
GMQS competition Code Amendment
Ordinance 2, Series 2013
Page 3 of 5
•
City Council review applications that require major Planning and Zoning Commission
review shall be reviewed pursuant to the process outlined in Subsection 26.470.110.C.
Section 7: Section 26.470.110.C, Growth management review procedures, Application review
procedures — major Planning and Zoning Commission review, shall be deleted. All subsequent
sections shall be renumbered as follows:
Section D becomes Section C
Section E becomes Section D
Section F becomes Section E
Section 8: Section 26.470.110.F.10 (renumbered to 26.470.110.E.10) shall be deleted.
Section 9: Section 26.470.120, Community objective scoring criteria, shall be deleted.
Section 10: Section 26.470.150.A Appeals — Appeals of community objective scoring, shall be
deleted. All subsequent sections shall be renumbered as follows:
Section B becomes Section A
Section C becomes Section B
Section D becomes Section C
Section 11: Effect Uvon Existing Litigation.
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 12: Severability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 13: Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall
become effective thirty (30) days following final passage.
Section 14:
A public hearing on this ordinance shall be held on the I Oh day of February, 2013, at a meeting of
the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall
be published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 27th day of January, 2013.
GMQS competition Code Amendment
Ordinance 2, Series 2013
Page 4 of 5
Cl
0
Attest:
Kathryn S. Koch, City Clerk
Steven Skadron, Mayor
FINALLY, adopted, passed and approved this _ day of , 2013.
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
City Attorney
Steven Skadron, Mayor
GMQS competition Code Amendment
Ordinance 2, Series 2013
Page 5 of 5
0
Exhibit A: Staff Findings
26.310.050 Amendments to the Land Use Code Standards of review - Adoption.
In reviewing an application to amend the text of this Title, per Section 26.310.020(B)(3), Step
Three — Public Hearing before City Council, the City Council shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this
Title.
Staff Findings:
The proposed code amendment is consistent with the Land Use Code. It updates a code section
that is already in place. Staff finds this criterion to be met.
B. Whether the proposed amendment achieves the policy, community goal, or objective
cited as reasons for the code amendment or achieves other public policy objectives.
Staff Findings:
City Council has identified a number of AACP implementation priorities, including streamlining
the development process and bolstering the lodging base. This amendment eliminates the twice
yearly growth management competition deadlines that are currently in place for certain projects
and allows all growth management applications to be made at any time during the year. All
applications will continue to be required to meet the applicable review criteria. Staff is
recommending the scoring section of the code be eliminated as well, as it becomes obsolete once
the competition deadlines are eliminated. Staff finds this criterion to be met.
C. Whether the objectives of the proposed amendment are compatible with the
community character of the City and in harmony with the public interest and the
purpose and intent of this Title.
Staff Findings:
The intent of the proposed amendment is to ensure a predictable and fair review of land use
applications. Staff finds this criterion to be met.
2.10.2014 — 2"d Reading Growth Management Competition Code Amendment; Exhibit A
Page 1 of 1
Chapter 26.470
GROWTH MANAGEMENT QUOTA SYSTEM (GMQS)
Sections:
Sec.26.470.010.
Purpose.
Sec.26.470.020.
Applicability.
Sec. 26.470.030.
Aspen metro area development ceilings and annual allotments.
Sec. 26.470.040.
Exempt development.
Sec. 26.470.050.
General requirements.
Sec. 26.470.060.
Administrative applications.
Sec. 26.470.070.
Minef Planning and Zoning Commission applications.
Zoning Commission lieaLlLIV11J.
See. 26.470.080.
Sec. 26.470.090.
Majef Planning and CIIJF7Ii�E:...
City Council applications.
Sec. 26.470. 100.
Calculations.
Sec. 26.470.110.
Growth management review procedures.
Sec. 26.470.130.
Reconstruction limitations.
Sec. 26.470.140.
Amendment of a growth management development order.
Sec.26.470.150.
Appeals.
26.470.030. Aspen metro area development ceilings and annual allotments.
D. Annual development allotments. The Growth Management Quota System establishes
annual development allotments available for use by projects during each growth management
year, January 1 to December 1. The number of development allotments available within a single
growth management year varies based on the following factors:
1. The type of land use.
2. The annual allotment available for each land use.
3. The number of allotments granted the previous year and whether or not the City Council
permits an accumulation from year to year.
4. The number of multi -year allotments granted by the City Council from future years.
5. The number of allotments already granted in the current growth management year.
The Community Development Director shall calculate the development allotments available for
each type of land use as follows:
annual Carry -forward
Available development allotments — allotment + allotment from
prior year
Where the above terms are defined and established as follows:
2.10.2014 — 2nd Reading Growth Management Competition Code Amendment; Exhibit B
Page 1 of 19
Annual allotment. The annual allotment reflects each year's potential growth within the City,
applied to each type of land use. The annual allotment may be reduced if multi -year allotments
are granted by the City Council. The following annual allotments are hereby established:
Development Type
Annual Allotment
Residential — Free -Market
18 units
Commercial
33,300 net leasable square
feet
Residential Af Ordable
Housing
No annual limit
Lodging
112 pillows
Essential public facility
No annual limit
Allotments shall be considered not granted upon denial of the project and completion of any
gppeals. Allotments shall be considered vacated by property owner upon written notification
from the property owner.
Carry -forward allotment. At the conclusion of each growth management year, 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 (see accounting procedure). 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.
Allotments awarded to a project which does not proceed and which are considered void shall
constitute unused allotments and shall be considered for allotment roll-over by the City Council.
Allotments shall be considered vacated by a property owner upon written notification from the
property owner or upon expiration of the development right pursuant to Subparagraph
26.470.060.B.4, Expiration of growth management allotments.
2.10.2014 — 2°d Reading Growth Management Competition Code Amendment; Exhibit B
Page 2 of 19
and eempletion of any appeals. Allotments Shall be e8HSidOFed vaeated by a pr-epef4y
FE. Accounting procedure. The Community Development Director shall maintain an
ongoing account of available, requested and approved growth management allocations and
progress towards each development ceiling. Allotments shall be considered allocated upon
issuance of a development order for the project. Unless specifically not deducted from the
annual development allotment and development ceilings, all units of growth shall be included in
the accounting. Affordable housing units shall be deducted regardless of the unit being provided
as growth mitigation or otherwise. After the conclusion of each growth management session and
year, the Community Development Director shall prepare a summary of growth allocations.
The City Council, at its first regular meeting of the growth management year, 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. The City Council may carry forward any portion of
the previous year's unused allotment, including all or none.
The City Council shall also consider the remaining development allotments within the
development ceilings, established pursuant to Subsection 26.470.030.C, and shall reduce the
available development allotment by any amount that exceeds the development ceiling. The
public hearing shall be noticed by publication, pursuant to Subparagraph 26.304.060.E.3.a. 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.
26.470.070. Minor Planning and Zoning Commission applications.
The following types of development shall be approved, approved with conditions or denied by
the Planning and Zoning Commission, pursuant to Section 26.470.110, Procedures for review,
and the criteria for each type of development described below. Except as noted, all growth
management applications shall comply with the general requirements of Section 26.470.050.
Except as noted, the following types of growth management approvals shall be deducted from
the respective development ceiling levels but shall not be deducted from the annual development
allotments. Approvals apply cumulatively.
1. Enlargement of an historic landmark for commercial, lodge or mixed -use development.
The enlargement of an historic landmark building for commercial, lodge or mixed -use
development shall be approved, approved with conditions or denied by the Planning and Zoning
Commission based on the following criteria:
2.10.2014 — 2"d Reading Growth Management Competition Code Amendment; Exhibit B
Page 3 of 19
0 •
a. Up to four (4) employees generated by the additional commercial/lodge development
shall not require the provision of affordable housing. Thirty percent (30%) of the
employee generation above four (4) and up to eight (8) employees shall be mitigated
through the provision of affordable housing or cash in lieu thereof. Sixty percent (60%)
of the employee generation above eight (8) employees shall be mitigated through the
provision of affordable housing or cash in lieu thereof.
For example: A project generating 15 employees shall require employee mitigation for a
total of 5.4 employees, as follows:
First 4 employees
=
0 employee
mitigation
Second 4 employees mitigated at
=
1.2 employees
30%
Remaining 7 employees mitigated
=
4.2 employees
at 60%
Affordable housing shall be approved pursuant to Subsection 4, Affordable housing, of
this Section and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County
Housing Authority Guidelines, as amended. An applicant may choose to provide
mitigation units at a lower category designation.
b. Up to one (1) free-market residence may be created pursuant to Paragraph 26.470.060.4,
Minor enlargement of an historic landmark for commercial, lodge or mixed -use
development. This shall be cumulative and shall include administrative GMQS approvals
granted prior to the adoption of Ordinance No. 14, Series of 2007. Additional free-
market units (beyond one [ 1 ]) shall be reviewed pursuant to Paragraph 26.470.080.2,
New free-market residential units within a multi -family or mixed -use project.
2. Change in use. A change in use of an existing property, structure or portions of an existing
structure between the development categories identified in Section 26.470.020 (irrespective of
direction), for which a certificate of occupancy has been issued for at least two (2) years and
which is intended to be reused, shall be approved, approved with conditions or denied by the
Planning and Zoning Commission based on the general requirements outlined in Section
26.470.050. No more than one (1) free-market residential unit may be created through the
change -in -use.
3. Expansion of free-market residential units within a multi -family or mixed -use project.
The net livable area expansion of existing free-market residential units within a mixed -use
project, or the net livable area expansion after demolition of existing free-market residential units
within a multi -family project, shall be approved, approved with conditions or denied by the
Planning and Zoning Commission based on the general requirements outlined in Section
26.470.050. The remodeling or expansion of existing multi -family residential dwellings shall be
exempt from growth management as long as no demolition occurs, pursuant to Paragraph
26.470.040.3.
2.10.2014 — 2nd Reading Growth Management Competition Code Amendment; Exhibit B
Page 4 of 19
4. Affordable housing. The development of affordable housing deed -restricted in accordance
with the Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved with
conditions or denied by the Planning and Zoning Commission based on the following criteria:
a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing
Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be
required for this standard. The Aspen/Pitkin County Housing Authority may choose to
hold a public hearing with the Board of Directors.
b. Affordable housing required for mitigation purposes shall be in the form of actual newly
built units or buy -down units. Off -site units shall be provided within the City limits.
Units outside the City limits may be accepted as mitigation by the City Council, pursuant
to Paragraph 26.470.090.2. If the mitigation requirement is less than one (1) full unit, a
cash -in -lieu payment may be accepted by the Planning and Zoning Commission upon a
recommendation from the Aspen/Pitkin County Housing Authority. If the mitigation
requirement is one (1) or more units, a cash -in -lieu payment shall require City Council
approval, pursuant to Paragraph 26.470.090.3. A Certificate of Affordable Housing
Credit may be used to satisfy mitigation requirements by approval of the Community
Development Department Director, pursuant to Section 26.540.080 Extinguishment of
the Certificate. Required affordable housing may be provided through a mix of these
methods.
c. Each unit provided shall be designed such that the finished floor level of fifty percent
(50%) or more of the unit's net livable area is at or above natural or finished grade,
whichever is higher. This dimensional requirement may be varied through Special
Review, Pursuant to Chapter 26.430.
d. The proposed units shall be deed -restricted as "for sale" units and transferred to qualified
purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The
owner may be entitled to select the first purchasers, subject to the aforementioned
qualifications, with approval from the Aspen/Pitkin County Housing Authority. The
deed restriction shall authorize the Aspen/Pitkin County Housing Authority or the City to
own the unit and rent it to qualified renters as defined in the Affordable Housing
Guidelines established by the Aspen/Pitkin County Housing Authority, as amended.
The proposed units may be rental units, including but not limited to rental units owned by
an employer or nonprofit organization, if a legal instrument in a form acceptable to the
City
Attorney ensures permanent affordability of the units. The City encourages affordable
housing units required for lodge development to be rental units associated with the lodge
operation and contributing to the long-term viability of the lodge.
Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin
County or other similar governmental or quasi -municipal agency shall not be subject to
this mandatory "for sale" provision.
e. Non -Mitigation Affordable Housing. Affordable housing units that are not required for
mitigation, but meet the requirements of Section 26.470.070.4(a-d). The owner of such
2.10.2014 — 2"d Reading Growth Management Competition Code Amendment; Exhibit B
Page 5 of 19
non -mitigation affordable housing is eligible to receive a Certificate of Affordable
Housing Credit pursuant to Chapter 26.540.
5. Demolition or redevelopment of multi -family housing. The City's neighborhoods have
traditionally been comprised of a mix of housing types, including those affordable by its working
residents. However, because of Aspen's attractiveness as a resort environment and because of
the physical constraints of the upper Roaring Fork Valley, there is constant pressure for the
redevelopment of dwellings currently providing resident housing for tourist and second -home
use. Such redevelopment results in the displacement of individuals and families who are an
integral part of the Aspen work force. Given the extremely high cost of and demand for market -
rate housing, resident housing opportunities for displaced working residents, which are now
minimal, will continue to decrease.
Preservation of the housing inventory and provision of dispersed housing opportunities in Aspen
have been long-standing planning goals of the community. Achievement of these goals will
serve to promote a socially and economically balanced community, limit the number of
individuals who face a long and sometimes dangerous commute on State Highway 82, reduce the
air pollution effects of commuting and prevent exclusion of working residents from the City's
neighborhoods.
The Aspen Area Community Plan established a goal that affordable housing for working
residents be provided by both the public and private sectors. The City and the Aspen/Pitkin
County Housing Authority have provided affordable housing both within and adjacent to the
City limits. The private sector has also provided affordable housing. Nevertheless, as a result of
the replacement of resident housing with second homes and tourist accommodations and the
steady increase in the size of the workforce required to assure the continued viability of Aspen
area businesses and the City's tourist -based economy, the City has found it necessary, in concert
with other regulations, to adopt limitations on the combining, demolition or conversion of
existing multi -family housing in order to minimize the displacement of working residents, to
ensure that the private sector maintains its role in the provision of resident housing and to
prevent a housing shortfall from occurring.
The combining, demolition, conversion or redevelopment of multi -family housing shall be
approved, approved with conditions or denied by the Planning and Zoning Commission based on
compliance with the following requirements (see definition of demolition.):
1. Requirements for combining, demolishing, converting or redeveloping free-market multi-
family housing Only one (1) of the following two (2) options is required to be met
when combining, demolishing, converting or redeveloping a free-market multi -family
residential property. To ensure the continued vitality of the community and a critical
mass of local working residents, no net loss of density (total number of units) between the
existing development and proposed development shall be allowed.
a. One -hundred -percent replacement. In the event of the demolition of free-market
multi -family housing, the applicant shall have the option to construct replacement
housing consisting of no less than one hundred percent (100%) of the number of
units, bedrooms and net livable area demolished. The replacement units shall be
2.10.2014 — 2"d Reading Growth Management Competition Code Amendment; Exhibit B
Page 6 of 19
deed -restricted as resident occupied affordable housing, pursuant to the Guidelines of
the Aspen/Pitkin County Housing Authority. An applicant may choose to provide
mitigation units at a lower category designation. Each replacement unit shall be
approved pursuant to Subsection 4, Affordable housing, of this Section.
When this one -hundred -percent standard is accomplished, the remaining development
on the site may be free-market residential development with no additional affordable
housing mitigation required as long as there is no increase in the number of free-
market residential units on the parcel. Free-market units in excess of the total number
originally on the parcel shall be reviewed pursuant to Paragraph 26.470.070.3,
Expansion of free-market residential units within a multi -family or mixed -use
development.
b. Fifty percent replacement. In the event of the demolition of free-market multi -family
housing and replacement of less than one hundred percent (100%) of the number of
previous units, bedrooms or net livable area as described above, the applicant shall be
required to construct affordable housing consisting of no less than fifty percent (50%)
of the number of units, bedrooms and the net livable area demolished. The
replacement units shall be deed -restricted as Category 4 housing, pursuant to the
guidelines of the Aspen/Pitkin County Housing Authority. An applicant may choose
to provide mitigation units at a lower category designation. Each replacement unit
shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing.
When this fifty -percent standard is accomplished, the remaining development on the
site may be free-market residential development as long as additional affordable
housing mitigation is provided pursuant to Paragraph 26.470.070.3, Expansion of
free-market residential units within a multi -family or mixed -use project, and there is
no increase in the number of free-market residential units on the parcel. Free-market
units in excess of the total number originally on the parcel shall be reviewed pursuant
to Paragraph 26.470.080.2, New free-market residential units within a multi -family or
mixed -use project.
c. One -hundred percent affordable housing replacement. When one -hundred -percent of
the free-market multi -family housing units are demolished and are solely replaced
with deed -restricted affordable housing units on a site that are not required for
mitigation purposes, including any net additional dwelling units, pursuant to Section
26.470.070.4, Affordable Housing; all of the units in the redevelopment are eligible
for a Certificate of Affordable Housing Credit, pursuant to Section 26.540 Certificate
of Affordable Housing Credit. Any remaining unused free market residential
development rights shall be vacated.
2. Requirements for demolishing affordable multi -family housing In the event a
project proposes to demolish or replace existing deed -restricted affordable housing units,
the redevelopment may increase or decrease the number of units, bedrooms or net livable
area
such that there is no decrease in the total number of employees housed by the existing
units. The overall number of replacement units, unit sizes, bedrooms and category of the
units shall be reviewed by the Aspen/Pitkin County Housing Authority and a
recommendation forwarded to the Planning and Zoning Commission.
2.10.2014 — 2"d Reading Growth Management Competition Code Amendment; Exhibit B
Page 7 of 19
3. Fractional unit requirement. When the affordable housing replacement requirement of
this Section involves a fraction of a unit, cash -in -lieu may be provided only upon the
review and approval of the City Council, to meet the fractional requirement only,
pursuant to Paragraph 26.470.090.3, Provision of required affordable housing via a cash -
in -lieu payment.
4. Location requirement. Multi -family replacement units, both free-market and affordable,
shall be developed on the same site on which demolition has occurred, unless the owner
shall demonstrate and the Planning and Zoning Commission determines that replacement
of the units on site would be in conflict with the parcel's zoning or would be an
inappropriate solution due to the site's physical constraints.
When either of the above circumstances result, the owner shall replace the maximum
number of units on site which the Planning and Zoning Commission determines that the
site can accommodate and may replace the remaining units off site, at a location
determined acceptable to the Planning and Zoning Commission. A recommendation
from the Aspen/Pitkin County Housing Authority shall be considered for this standard.
5. Timing requirement. Any replacement units required to be deed -restricted as affordable
housing shall be issued a certificate of occupancy, according to the Building Department,
and be available for occupancy at the same time as, or prior to, any redeveloped free-
market units, regardless of whether the replacement units are built on site or off site.
6. Redevelopment agreement. The applicant and the City shall enter into a redevelopment
agreement that specifies the manner in which the applicant shall adhere to the approvals
granted pursuant to this Section and penalties for noncompliance. The agreement shall be
recorded before an application for a demolition permit may be accepted by the City.
7. Growth management allotments. The existing number of free-market residential units,
prior to demolition, may be replaced exempt from growth management, provided that the
units conform to the provisions of this Section. The redevelopment credits shall not be
transferable separate from the property unless permitted as described above in
Subparagraph d, Location requirement.
8. Exemptions. The Community Development Director shall exempt from the procedures
and requirements of this Section the following types of development involving Multi -
Family Housing Units. An exemption from these replacement requirements shall not
exempt a development from compliance with any other provisions of this Title:
a. The replacement of Multi -Family Housing Units after non -willful demolition such as
a flood, fire, or other natural catastrophe, civil commotion, or similar event not
purposefully caused by the land owner. The Community Development Director may
require documentation be provided by the landowner to confirm the damage to the
building was in -fact non -willful.
To be exempted, the replacement development shall be an exact replacement of the
previous number of units, bedrooms, and square footage and in the same
configuration. The Community Development Director may approve exceptions .to
this exact replacement requirement to accommodate changes necessary to meet
2.10.2014 — 2"d Reading Growth Management Competition Code Amendment; Exhibit B
Page 8 of 19
current building codes; improve accessibility; to conform to zoning, design standards,
or other regulatory requirements of the City; or, to provide other architectural or site
planning improvements that have no substantial effect on the use or program of the
development. (Also see Chapter 26.312 — Nonconformities.) Substantive changes to
the development shall not be exempted from this Section and shall be reviewed as a
willful change pursuant to the procedures and requirements of this Section.
b. The demolition of Multi -Family Housing Units by order of a public agency including,
but not limited to, the City of Aspen for reasons of preserving the life, health, safety,
or general welfare of the public.
c. The demolition, combining, conversion, replacement, or redevelopment of Multi -
Family Housing Units which have been used exclusively as tourist accommodations
or by non -working residents. The Community Development Director may require
occupancy records, leases, affidavits, or other documentation to the satisfaction of the
Director to demonstrate that the unit(s) has never housed a working resident. All
other requirements of this Title shall still apply including zoning, growth
management, and building codes.)
d. The demolition, combining, conversion, replacement, or redevelopment of Multi -
Family Housing Units which were illegally created (also known as "Bandit Units").
Any improvements associated with Bandit Units shall be required to conform to
current requirements of this Title including zoning, growth management, and building
codes. Replaced or redeveloped Bandit Units shall be deed restricted as Resident
Occupied affordable housing, pursuant to the Guidelines of the Aspen/Pitkin County
Housing Authority
Any development action involving demising walls or floors/ceilings necessary for
the normal upkeep, maintenance, or remodeling of adjacent Multi -Family Housing
Units.
f. A change order to an issued and active building permit that proposes to exceed the
limitations of remodeling/demolition to rebuild portions of a structure which, in the
opinion of the Community Development Director, should be rebuilt for structural,
safety, accessibility, or significant energy efficiency reasons first realized during
construction, which were not known and could not have been reasonably predicted
prior to construction, and which cause no or minimal changes to the exterior
dimensions and character of the building.
.... wl
2.10.2014 — 2"d Reading Growth Management Competition Code Amendment; Exhibit B
Page 9 of 19
46. Expansion or new commercial development. The expansion of an existing commercial
building or commercial portion of a mixed -use building or the development of a new commercial
building or commercial portion of a mixed -use building shall be approved, approved with
conditions or denied by the Planning and Zoning Commission based on general requirements
outlined in Section 26.470.050.
�7. New free-market residential units within a multi -family or mixed -use project. The
development of new free-market residential units within a multi -family or mixed -use project
shall be approved, approved with conditions or denied by the Planning and Zoning Commission
based on the general requirements outlined in Section 26.470.050 above.
38. Lodge development. The expansion of an existing lodge or the development of a new lodge
shall be approved, approved with conditions or denied by the Planning and Zoning Commission
based on the following criteria:
a. If the project contains a minimum of one (1) lodge unit per five hundred (500) square feet
of lot area, the following affordable housing mitigation standards shall apply:
1) Affordable housing net livable area equaling a percentage, as defined in the unit size
table below, of the additional free-market residential net livable area shall be
mitigated through the provision of affordable housing.
2) A percentage, as defined in the table below, of the employees generated by the
additional lodge, timeshare lodge, exempt timeshare units and associated commercial
development, according to Paragraph 26.470.100.A.1, Employee generation, shall be
mitigated through the provision of affordable housing.
Affordable Housing Net
Average Net Livable
Livable Area Required
Percentage of
Area of Lodge Units
(Percentage of Free-
Employee Generation
Being Added to the
Market Net Livable
Requiring the
Parcel
Area)
Provision of Mitigation
600 square feet or
30%
60%
eater
500 square feet
30%
40%
400 square feet
20%
20%
300 square feet or
10%
10%
smaller
When the average unit size falls between the square -footage categories, the required
affordable housing shall be determined by interpolating the above schedule. For
2.10.2014 — 2" Reading Growth Management Competition Code Amendment; Exhibit B
Page 10 of 19
example, a lodge project with an average unit size of four hundred fifty (450) square
feet shall be required to provide mitigation for thirty percent (30%) of the employees
generated.
Affordable housing units provided shall be approved pursuant to Paragraph
26.470.070.4, Affordable housing, and be restricted to a maximum of a Category 4
rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as
amended. An applicant may choose to provide mitigation units at a lower category
designation.
b. If the project contains less than one (1) lodge unit per five hundred (500) square feet of
lot area, the following affordable housing mitigation standards shall apply:
1) Affordable housing net livable area equaling thirty percent (30%) of the additional
free-market residential net livable area shall be mitigated through the provision of
affordable housing.
2) Sixty percent (60%) of the employees generated by the additional lodge, timeshare
lodge, exempt timeshare units and associated commercial development, according to
Paragraph 26.470.050.A.1, Employee generation, shall be mitigated through the
provision of affordable housing.
49. Residential development — sixty percent (60%) affordable. The development of a
residential project or an addition of units to an existing residential project, in which a minimum
of sixty percent (60%) of the additional units and thirty percent (30%) of the additional floor area
is affordable housing deed -restricted in accordance with the Aspen/Pitkin County Housing
Authority Guidelines, shall be approved, approved with conditions or denied by the Planning and
Zoning Commission based on the following criteria:
a. A minimum of sixty percent (60%) of the total additional units and thirty percent (30%)
of the project's additional floor area shall be affordable housing. Multi -site projects are
permitted. Affordable housing units provided shall be approved pursuant to Paragraph
26.470.070.4, Affordable housing, and shall average Category 4 rates as defined in the
Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may
choose to provide mitigation units at a lower category designation.
b. If the project consists of only one (1) free-market residence, then a minimum of one (1)
affordable residence representing a minimum of thirty percent (30%) of the project's total
floor area and deed -restricted as a Category 4 "for sale" unit, according to the provisions
of the Aspen/Pitkin County Affordable Housing Guidelines, shall qualify.
510. Residential development — seventy percent (70%) affordable. The development of a
residential project or an addition to an existing residential project, in which seventy percent
(70%) of the project's additional units and seventy percent (70%) of the project's additional
bedrooms are affordable housing deed -restricted in accordance with the Aspen/Pitkin County
Housing Authority Guidelines, shall be approved, approved with conditions or denied by the
Planning and Zoning Commission based on the following criteria:
a. Seventy percent (70%) of the total additional units and total additional bedrooms shall be
affordable housing. At least forty percent (40%) of the units shall average Category 4
2.10.2014 — 2"d Reading Growth Management Competition Code Amendment; Exhibit B
Page 11 of 19
rates as defined in the Aspen/Pitkin County Housing Authority Guidelines. The
remaining thirty -percent affordable housing unit requirement may be provided as
Resident Occupied (RO)
units as defined in the Aspen/Pitkin County Housing Authority Guidelines. Multi -site
projects are permitted. Affordable housing units provided shall be approved pursuant to
Paragraph 26.470.070.4, Affordable housing. An applicant may choose to provide
mitigation units at a lower category designation.
b. If the project consists of one (1) free-market residence, then the provision of one (1) RO
residence and one (1) category residence shall be considered meeting the seventy -percent
unit standard. If the project consists of two (2) free-market residences, then the provision
of two (2) RO residences and two (2) category residences shall qualify.
26.470.110. Growth management review procedures.
B. Application review procedures ,
1. Application submission dates. An application for growth management allocation
City Couneil review may be submitted to the Community Development Director on any
date of the year.
2. Administrative applications. Growth management applications for Community
Development Director review shall be submitted to the Community Development
Director who shall, based on the applicable standards identified in Section 26.470.060,
approve, approve with conditions or disapprove the application.
3. Minor -Planning and Zoning Commission applications. Growth management applications
for minor Planning and Zoning Commission review shall be reviewed by the Community
Development Director, who shall forward a recommendation to the Planning and Zoning
Commission, based on the applicable standards identified in Section 26.470.070, that the
application be approved, approved with conditions or disapproved.
The Planning and Zoning Commission shall review the application according to the
applicable standards, consider the recommendation of the Community Development
Director and, during a public hearing, adopt a resolution approving, approving with
conditions or disapproving the application. Notice of the hearing shall be by publication,
posting and mailing, pursuant to Subsection 26.304.060.E.
4. City Council applications. Growth management review applications for City Council
review shall be submitted to the Community Development Director, who shall forward a
recommendation to the Planning and Zoning Commission, based on the applicable
standards identified in Section 26.470.090, that the application be approved, approved
with conditions or disapproved.
The Planning and Zoning Commission shall review the application during a public
hearing according to the applicable standards and, by resolution, recommend to City
2.10.2014 — 2"d Reading Growth Management Competition Code Amendment; Exhibit B
Page 12 of 19
0
Council that the application be approved, approved with conditions or disapproved.
Notice of the hearing shall be by publication, posting and mailing, pursuant to Subsection
26.304.060.E.
City Council shall review the application according to the applicable standards, consider
the recommendation of the Planning and Zoning Commission, the recommendation of the
Community Development Director and, during a public hearing, adopt an ordinance
approving, approving with conditions or disapproving the application. Notice of the
hearing shall be by publication, posting and mailing, pursuant to Subsection
26.304.060.E.
City Council review applications that require major Planning and Zoning Commission
review shall be reviewed pursuant to the process outlined in Subsection 26.470.110.C.
9iYi1M1Y
...............
pp■ -
1�71NMiNN1Fy1'�1N�1�
rNii�llN3iY���fWMWMN
�M'MA�
IMIi
111iY
if projeets obtain ide...tie..1 s the p eet with the highestsee..e for- Criterion #1 shall
be eensiderea to have the highef see..e if pfejeets with identieal seer -es also t,ay
2.10.2014 — 2"d Reading Growth Management Competition Code Amendment; Exhibit B
Page 13 of 19
•. •_•
CD. Allocation procedure. Following approval or approval with conditions, pursuant to the
above procedures for review, the Community Development Director shall issue a development
order pursuant to Section 26.304.070, Development orders. Those applicants having received
allotments may proceed to apply for any further development approvals required by this Title or
any other regulations of the City.
DR Expiration of growth management allotments. Growth management allotments
granted pursuant to this Chapter shall expire on the day after the third anniversary of the
effective date of the development order, pursuant to the terms and limitations of Section
26.304.070. Expired allotments shall not be considered valid, and the applicant shall be required
to re -apply for growth management approval. Expired allotments may be added to the next
year's available allotments at the discretion of the City Council, pursuant to Subsection
26.470.030.E.
EF. Application contents. Applications for growth management shall include the following:
The general application information required in Common development review
procedures, Chapter 26.304.
2. A site -improvement survey depicting:
a) Existing natural and man-made site features.
b) All legal easements and restrictions.
c) All requirements for improvement surveys outlined in the current City Engineering
Department regulations.
A description of the project and the number and type of the requested growth
management allotments.
4. A detailed description and site plan of the proposed development, including proposed
land uses, densities, natural features, traffic and pedestrian circulation, off-street parking,
open space areas, infrastructure improvements, site drainage and any associated off -site
improvements.
2.10.2014 — 2nd Reading Growth Management Competition Code Amendment; Exhibit B
Page 14 of 19
5. A description of the proposed affordable housing and how it provides adequate mitigation
for the project and conforms to the Aspen/Pitkin County Housing Authority Guidelines.
6. A statement as to how the application should be considered "exceptional" if multi -year
allotments are being requested.
7. A statement specifying the public facilities that will be needed to accommodate the
proposed development, proposed infrastructure improvements and the specific assurances
that will be made to ensure that the public facilities will be available to accommodate the
proposed development.
8. A written response to each of the review criteria for the particular review requested.
9. Copies of required approvals from the Planning and Zoning Commission, Historic
Preservation Commission and the City Council, as necessary.
"spli a�ble, a r-eeeininended—eemmunity objeetive-seer aeeer-ding to th
(Ord. No. 14, 2007, §l; Ord. No. 36, 2013, §5)
OW
1000 IN
MIN —Nmn.
0 WWI
:
-
2.10.2014 — 2"d Reading Growth Management Competition Code Amendment; Exhibit B
Page 15 of 19
0 •
Required
number-e€
empleyees -1e
be housed by
Proposed
of empleyees to
be-kee y
dewlepreee k
aetual units
Pefeentage k
Leh-pr-epes
Seer-e €e
Gritefieft
#
ferments
Pro jee>
4-2
4-5
2-5
This pr-e�eef proposes
A
to house fAere
employees than the 12
F25
PFojeet
4-2
4-2-
20
2-0
This pr-ejeet proposes
o
ti
to heuse the fAinimum
but %,ith units that are-
O larger- than
0
F N
s�cvrc-vrzv
nn JJ
7`te�t
p
8
4i
' C
-i-5
� C
This pr-ejeet proposes
F
employees thaft the 8
r-equifed. And the units
afe-alsse-15-% lar-geF
then iCEluire'd. 4,18 -
50oi 4- 1 5 — a geerz
e�-
Projeet
S
6
-AO
n
tl
to hA 1 0
empleyee ee .
han the 5
required. And the units
are also
than required. 14 —
202i � 309 —
a seers
2.10.2014 - 2"d Reading Growth Management Competition Code Amendment; Exhibit B
Page 16 of 19
• 0
Proposed nufAbef Per-eentage by Seer-e €eGofnfnents
t efe€ of erepleyees to Lek pr-epes
evppleyees 4e be housed -by units e3feeed .�
be housed by development n
eeqml-uff�
440
_ ■ =.!+mill
. Rtreee�i r e*r�+n
OR•
_ N.
\ \
2.10.2014 — 2"d Reading Growth Management Competition Code Amendment; Exhibit B
Page 17 of 19
•
C]
26.470.150. Appeals.
objeetives seffe assigned to its pr-ejeet by the Community Development DiFeeter- tBay appeal th
deeisien to the Planning and Zoning Ce „t_to the preeeder-es and standards e
Chapter 26�6, Appeals. The Planning and Zoning Commission may upheld the seer-ing,
Conmnissien deeision shall be the final ..,1minist.-ative .,aria« on the .. atte.
BA. Appeal of adverse determination by Community Development Director. An appeal
made by an applicant aggrieved by a determination made by the Community Development
Director on an application for administrative review shall be to the Planning and Zoning
Commission. The appeal procedures set forth at Chapter 26.316 shall apply. The Planning and
Zoning Commission may reverse, affirm or modify the decision or determination of the
Community Development Director based upon the application submitted to the Community
Development Director and the record established by the Director's review. The decision of the
Planning and Zoning Commission shall constitute the final administrative action on the matter.
EB. Appeal of adverse determination by Planning and Zoning Commission. An appeal
made by an applicant aggrieved by a determination made by the Planning and Zoning
Commission on an application for Planning and Zoning Commission review shall be to the City
Council. The appeal procedures set forth at Chapter 26.316 shall apply. The City Council may
reverse, affirm or modify the decision or determination of the Planning and Zoning Commission
based upon the application submitted to the Planning and Zoning Commission and the record
established by the Commission's review. The decision of the City Council shall constitute the
final administrative action on the matter.
2.10.2014 — 2"d Reading Growth Management Competition Code Amendment; Exhibit B
Page 18 of 19
•
DC. Insufficient development allotments. Any property owner within the City who is
prevented from developing a property because that year's development allotments have been
entirely allocated may appeal to the City Council for development approval. An application
requesting allotments must first be denied due to lack of necessary allotments. The appeal
procedures set forth at Chapter 26.316 shall apply. The City Council may take any such action
determined necessary, including but not limited to making a one-time increase of the annual
development allotment sufficient to accommodate the application.
(Ord. No. 14, 2007, § 1)
2.10.2014 — 2°d Reading Growth Management Competition Code Amendment; Exhibit B
Page 19 of 19
MEMORANDUM
TO: Mayor and City Council
FROM: Jessica Garrow, Long Range Planner(�M�
THRU: Chris Bendon, Community Development Director Jk
RE: Growth Management Submission Deadlines Code Amendment
Ordinance _, Series of 2014, First Reading
MEETING DATE: January 27, 2014
(PH 2.10.2014)
SUMMARY:
The attached Ordinance includes a proposed code amendment to eliminate the twice yearly Growth
Management submission deadlines. The objective of the proposed code amendments is to eliminate
the February 15th and August 15`h submission deadlines for growth management applications, and
instead allow rolling submissions all year long. In addition, the code amendment eliminates the
competitive scoring system, as it becomes obsolete when the application deadlines are eliminated.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed Ordinance on First Reading.
LAND USE REQUESTS AND REVIEW PROCEDURES:
This is the 1" reading of proposed code amendments to eliminate the Growth Management
application submission deadlines and the competitive scoring system in the Growth Management
Chapter of the Land Use Code. Pursuant to Land Use Code Section 26.310, City Council is the
final review authority for all code amendments.
All code amendments are subject to a three -step process. This is the third step in the process:
1. Public Outreach
2. Policy Resolution by City Council indicating if an amendment should the pursued
3. Public Hearings on Ordinance outlining specific code amendments.
Steps 1 and 2 occurred as part of the public hearing on Hotel Aspen on January 13, 2014. At
that meeting City Council directed staff to pursue this code amendment.
BACKGROUND & OVERVIEW:
Growth Management Deadlines: The Growth Management code is divided into four (4) types
of development applications — Administrative Applications, Minor P&Z Applications, Major
P&Z Applications, and City Council Applications. Only applications under the Major P&Z
category are limited to when they can be submitted. All other applications can be made at any
1.27.2014 — First Reading Growth Management Competition Code Amendment
Page 1 of 3
0
time of the year and can request growth management allotments on a first -come, first -served
basis. Major P&Z applications can only be submitted on February 15`h and August 15`h. If the
allotments have been used by other projects by these dates, an applicant is forced to wait until the
next submission deadline, which could be a year away. Similarly, if a project receives other
requisite land use approvals after the deadline, the applicant must wait until the next submission
date to receive their allotments. This can create significant time delays for an applicant.
The proposed code amendment eliminates the Major P&Z applications, moving those reviews
into the Minor P&Z application category and allowing an applicant to apply at any time during
the year.
Competitive Scoring: Major P&Z projects are required to comply with "Community Objective
Scoring" as part of their review. No other projects are subject to this review. The review is done
administratively, and scores a project against community goals, including providing more
affordable housing than is required by code, achieving LEED Certification, and providing lodge
units that average 400 sq ft in size or less. The intent of the system was to "reward" projects that
exceed code in these areas by allowing them to be reviewed first, and therefore have "first dibs"
on the available allotments.
Since the system was adopted in 2006 there have always been more allotments available than
requests, so the scoring system has not impacted which projects move forward. In fact, in some
years multiple projects have applied that received zero points in the scoring system, so the intent
of the system has not matched the reality of what applicants are requesting.
Because only Major P&Z applications are required to go through scoring, eliminating this
section and allowing all growth management applications to be reviewed on a first -come, first -
served basis renders the competition provision of the code obsolete.
STAFF RECOMMENDATION:
Staff recommends adoption of the attached Ordinance. The changes Council has requested have
been on staffs list of amendments related to the lodging work, and staff had planned to bring
these forward in March as part of that work. This Ordinance speeds the implementation of this
and eases the burden for existing projects needing 2014 growth management allotments.
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Ordinance No. , Series of 2014, approving amendments eliminating the
Growth Management application submission deadlines and the competitive scoring system in the
Growth Management Chapter of the Land Use Code."
CITY MANAGER COMMENTS:
1.27.2014 — First Reading Growth Management Competition Code Amendment
Page 2 of 3
U
9
ATTACHMENTS:
Exhibit A — Staff Findings
Exhibit B — Proposed Code Amendment Language
1.27.2014 — First Reading Growth Management Competition Code Amendment
Page 3 of 3
ORDINANCE No. dL
(Series of 2014)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO
CHAPTER 26.470 — GRWOTH MANAGEMENT QUOTA SYSTEM, OF THE CITY OF
ASPEN LAND USE CODE.
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen
Land Use Code, the City Council of the City of Aspen directed the Community Development
Department to craft a code amendment to eliminate the twice yearly submission deadlines in
the Growth Management Code s; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the
Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by
City Council, and then final action by City Council after reviewing and considering the
recommendation from the Community Development; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach with City Council regarding the code amendment; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing
on January 13, 2014, the City Council directed staff to draft a code amendment that would
eliminate the twice yearly submission deadlines in the growth management code; and,
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to the City of Aspen Land Use Code Section 26.470; and,
WHEREAS, the Aspen City Council has reviewed the proposed code amendments and
finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050;
and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1: Code Amendment Objective
The objective of the proposed code amendments is to eliminate the February 15`h and August 15`h
submission deadlines for growth management applications, and instead allow rolling submissions
all year long. This Code amendment shall apply to all applications made in the 2014 growth
management year.
GMQS competition Code Amendment
Ordinance _, Series 2013
Page 1 of 5
0 0
Section 2: Section 26.470.030.D, subsection "Annual allotment", shall be amended as follows:
Annual allotment. The annual allotment reflects each year's potential growth within the City,
applied to each type of land use. The annual allotment may be reduced if multi -year allotments
are granted by the City Council. The following annual allotments are hereby established:
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
Allotments shall be considered not granted upon denial of the project and completion of any
appeals. Allotments shall be considered vacated by a property owner upon written notification
from the property owner.
/. t 11 other portions of Section 26.470. 030. D remain unchanged)
Section 3: Section 26.470.030.E, Available allotment in each of two (2) annual application
sessions, shall be deleted. All subsequent sections shall be renumbered as follows:
Section F becomes Section E
Section 4: Section 26.470.070, Minor Planning and Zoning Commission applications, shall be
renamed to "Planning and Zoning Commission applications," and all references to "Minor
Planning and Zoning Commission applications" are hereby renamed "Planning and Zoning
Commission applications."
Section 5: Section 26.470.080, Major Planning and Zoning Commission applications, is deleted
and the five subsections are moved to Section 26.470.070, Planning and Zoning Commission
applications. Subsections 1-5 that are being moved from 26.470.080 to 26.470,070 shall be
renumbered as follows:
6. Expansion or new commercial development.
7. New free-market residential units within a multi -family or mixed -use project.
8. Lodge development.
9. Residential development — sixty percent (60%) affordable.
GMQS competition Code Amendment
Ordinance , Series 2013
Page 2 of 5
10. Residential development — seventy percent (70%) affordable.
Section 6: Section 26.470.110.13, Growth management review procedures, Application review
procedures — administrative review applications, minor P&Z review application and City Council
review applications, shall be amended as follows:
B. Application review procedures
1. Application submission dates. An application for growth management allocation may be
submitted to the Community Development Director on any date of the year.
2. Administrative applications. Growth management applications for Community
Development Director review shall be submitted to the Community Development
Director who shall, based on the applicable standards identified in Section 26.470.060,
approve, approve with conditions or disapprove the application.
3. Planning and Zoning Commission applications. Growth management applications for
Planning and 'Zoning Commission review shall be reviewed by the Community
Development Director, who shall forward a recommendation to the Planning and Zoning
Commission, based on the applicable standards identified in Section 26.470.070, that the
application be approved, approved with conditions or disapproved.
The Planning and Zoning Commission shall review the application according to the
applicable standards, consider the recommendation of the Community Development
Director and, during a public hearing, adopt a resolution approving, approving with
conditions or disapproving the application. Notice of the hearing shall be by publication,
posting and mailing, pursuant to Subsection 26.304.060.E.
4. City Council applications. Growth management review applications for City Council
review shall be submitted to the Community Development Director, who shall forward a
recommendation to the Planning and Zoning Commission, based on the applicable
standards identified in Section 26.470,090, that the application be approved, approved
with conditions or disapproved.
The Planning and Zoning Commission shall review the application during a public
hearing according to the applicable standards and, by resolution, recommend to City
Council that the application be approved, approved with conditions or disapproved.
Notice of the hearing shall be by publication, posting and mailing, pursuant to Subsection
26.304.060.E.
City Council shall review the application according to the applicable standards, consider
the recommendation of the Planning and Zoning Commission, the recommendation of the
Community Development Director and, during a public hearing, adopt an ordinance
approving, approving with conditions or disapproving the application. Notice of the
hearing shall be by publication, posting and mailing, pursuant to Subsection
26.304.060.E.
GMQS competition Code Amendment
Ordinance , Series 2013
Page 3 of 5
9 0
City Council review applications that require major Planning and Zoning Commission
review shall be reviewed pursuant to the process outlined in Subsection 26.470.110.C.
Section 7: Section 26.470.110.C, Growth management review procedures, Application review
procedures — major Planning and Zoning Commission review, shall be deleted. All subsequent
sections shall be renumbered as follows:
Section D becomes Section C
Section E becomes Section D
Section F becomes Section E
Section 8: Section 26.470.110.F.10 (renumbered to 26.470.110.E.10) shall be deleted.
Section 9: Section 26.470.120, Community objective scoring criteria, shall be deleted.
Section 10: Section 26.470.150.A Appeals — Appeals of community objective scoring, shall be
deleted. All subsequent sections shall be renumbered as follows:
Section B becomes Section A
Section C becomes Section B
Section D becomes Section C
Section 11: Effect Upon Existing Litigation.
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 12: Severability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 13: Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall
become effective thirty (30) days following final passage.
Section 14:
A public hearing on this ordinance shall be held on the day of , 2013, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall
be published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the day of , 2013.
GMQS competition Code Amendment
Ordinance _, Series 2013
Page 4 of 5
9
0
Attest:
Kathryn S. Koch, City Clerk Steven Skadron, Mayor
FINALLY, adopted, passed and approved this _ day of , 2013.
Attest:
Kathryn S. Koch, City Clerk Steven Skadron, Mayor
Approved as to form:
City Attorney
GMQS competition Code Amendment
Ordinance , Series 2013
Page 5 of 5
0 •
Exhibit A: Staff Findings
26.310.050 Amendments to the Land Use Code Standards of review - Adoption.
In reviewing an application to amend the text of this Title, per Section 26.310.020(B)(3), Step
Three — Public Hearing before City Council, the City Council shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this
Title.
Staff Findings:
The proposed code amendment is consistent with the Land Use Code. It updates a code section
that is already in place. Staff finds this criterion to be met.
B. Whether the proposed amendment achieves the policy, community goal, or objective
cited as reasons for the code amendment or achieves other public policy objectives.
Staff Findings:
City Council has identified a number of AACP implementation priorities, including streamlining
the development process and bolstering the lodging base. This amendment eliminates the twice
yearly growth management competition deadlines that are currently in place for certain projects
and allows all growth management applications to be made at any time during the year. All
applications will continue to be required to meet the applicable review criteria. Staff is
recommending the scoring section of the code be eliminated as well, as it becomes obsolete once
the competition deadlines are eliminated. Staff finds this criterion to be met.
C. Whether the objectives of the proposed amendment are compatible with the
community character of the City and in harmony, with the public interest and the
purpose and intent of this Title.
Staff Findings:
The intent of the proposed amendment is to ensure a predictable and fair review of land use
applications. Staff finds this criterion to be met.
1.27.2014 -- 1" Reading Growth Management Competition Code Amendment; Exhibit A
Page 1 of 1
U
•
Chapter 26.470
GROWTH MANAGEMENT QUOTA SYSTEM (GMQS)
Sections:
Sec.26.470.010.
Purpose.
Sec.26.470.020.
Applicability.
Sec. 26.470.030.
Aspen metro area development ceilings and annual allotments.
Sec. 26.470.040.
Exempt development.
Sec. 26.470.050.
General requirements.
Sec. 26.470.060.
Administrative applications.
Sec. 26.470.070.
Miner -Planning and Zoning Commission applications.
Majef Planningand Z „b Cemmissien a: ati
See. 26.470.080.
Sec. 26.470.090.
pp
City Council applications.
Sec.26.470.100.
Calculations.
Sec. 26.470.110.
Growth management review procedures.
Sec. 26.470.130.
Reconstruction limitations.
Sec. 26.470.140.
Amendment of a growth management development order.
Sec.26.470.150.
Appeals.
26.470.030. Aspen metro area development ceilings and annual allotments.
D. Annual development allotments. The Growth Management Quota System establishes
annual development allotments available for use by projects during each growth management
year, January 1 to December 1. The number of development allotments available within a single
growth management year varies based on the following factors:
1. The type of land use.
2. The annual allotment available for each land use.
3. The number of allotments granted the previous year and whether or not the City Council
permits an accumulation from year to year.
4. The number of multi -year allotments granted by the City Council from future years.
5. The number of allotments already granted in the current growth management year.
The Community Development Director shall calculate the development allotments available for
each type of land use as follows:
annual Carry -forward
Available development allotments — allotment + allotment from
prior year
Where the above terms are defined and established as follows:
1.27.2014 — I" Reading Growth Management Competition Code Amendment; Exhibit B
Page 1 of 19
•
Annual allotment. The annual allotment reflects each year's potential growth within the City,
applied to each type of land use. The annual allotment may be reduced if multi -year allotments
are granted by the City Council. The following annual allotments are hereby established:
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
Allotments shall be considered not granted upon denial of the project and completion of any
appeals Allotments shall be considered vacated by a property owner upon written notification
from the property owner.
Carry -forward allotment. At the conclusion of each growth management year, 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 (see accounting procedure). 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.
Allotments awarded to a project which does not proceed and which are considered void shall
constitute unused allotments and shall be considered for allotment roll-over by the City Council.
Allotments shall be considered vacated by a property owner upon written notification from the
property owner or upon expiration of the development right pursuant to Subparagraph
26.470.060.B.4, Expiration of growth management allotments.
1.27.2014 — 1" Reading Growth Management Competition Code Amendment; Exhibit B
Page 2 of 19
FE. Accounting procedure. The Community Development Director shall maintain an
ongoing account of available, requested and approved growth management allocations and
progress towards each development ceiling. Allotments shall be considered allocated upon
issuance of a development order for the project. Unless specifically not deducted from the
annual development allotment and development ceilings, all units of growth shall be included in
the accounting. Affordable housing units shall be deducted regardless of the unit being provided
as growth mitigation or otherwise. After the conclusion of each growth management session and
year, the Community Development Director shall prepare a summary of growth allocations.
The City Council, at its first regular meeting of the growth management year, 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. The City Council may carry forward any portion of
the previous year's unused allotment, including all or none.
The City Council shall also consider the remaining development allotments within the
development ceilings, established pursuant to Subsection 26.470.030.C, and shall reduce the
available development allotment by any amount that exceeds the development ceiling. The
public hearing shall be noticed by publication, pursuant to Subparagraph 26.304.060.E.3.a. 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.
26.470.070. Minor Planning and Zoning Commission applications.
The following types of development shall be approved, approved with conditions or denied by
the Planning and Zoning Commission, pursuant to Section 26.470.110, Procedures for review,
and the criteria for each type of development described below. Except as noted, all growth
management applications shall comply with the general requirements of Section 26.470.050.
Except as noted, the following types of growth management approvals shall be deducted from
the respective development ceiling levels but shall not be deducted from the annual development
allotments. Approvals apply cumulatively.
1. Enlargement of an historic landmark for commercial, lodge or mixed -use development.
The enlargement of an historic landmark building for commercial, lodge or mixed -use
development shall be approved, approved with conditions or denied by the Planning and Zoning
Commission based on the following criteria:
1.27.2014 — 1' Reading Growth Management Competition Code Amendment; Exhibit B
Page 3 of 19
a. Up to four (4) employees generated by the additional commercial/lodge development
shall not require the provision of affordable housing. Thirty percent (30%) of the
employee generation above four (4) and up to eight (8) employees shall be mitigated
through the provision of affordable housing or cash in lieu thereof. Sixty percent (60%)
of the employee generation above eight (8) employees shall be mitigated through the
provision of affordable housing or cash in lieu thereof.
For example: A project generating 15 employees shall require employee mitigation for a
total of 5.4 employees, as follows:
First 4 employees
=
0 employee
mitigation
Second 4 employees mitigated at
=
1.2 employees
30%
Remaining 7 employees mitigated
=
4.2 employees
at 60%
Affordable housing shall be approved pursuant to Subsection 4, Affordable housing, of
this Section and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County
Housing Authority Guidelines, as amended. An applicant may choose to provide
mitigation units at a lower category designation.
b. Up to one (1) free-market residence may be created pursuant to Paragraph 26.470.060.4,
Minor enlargement of an historic landmark for commercial, lodge or mixed -use
development. This shall be cumulative and shall include administrative GMQS approvals
granted prior to the adoption of Ordinance No, 14, Series of 2007. Additional free-
market units (beyond one [1]) shall be reviewed pursuant to Paragraph 26.470.080.2,
New free-market residential units within a multi -family or mixed -use project.
2. Change in use. A change in use of an existing property, structure or portions of an existing
structure between the development categories identified in Section 26.470.020 (irrespective of
direction), for which a certificate of occupancy has been issued for at least two (2) years and
which is intended to be reused, shall be approved, approved with conditions or denied by the
Planning and Zoning Commission based on the general requirements outlined in Section
26.470.050. No more than one (1) free-market residential unit may be created through the
change -in -use.
3. Expansion of free-market residential units within a multi -family or mixed -use project.
The net livable area expansion of existing free-market residential units within a mixed -use
project, or the net livable area expansion after demolition of existing free-market residential units
within a multi -family project, shall be approved, approved with conditions or denied by the
Planning and Zoning Commission based on the general requirements outlined in Section
26.470.050. The remodeling or expansion of existing multi -family residential dwellings shall be
exempt from growth management as long as no demolition occurs, pursuant to Paragraph
26.470.040.3.
1.27.2014 — Is'Reading Growth Management Competition Code Amendment; Exhibit B
Page 4 of 19
4. Affordable housing. The development of affordable housing deed -restricted in accordance
with the Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved with
conditions or denied by the Planning and Zoning Commission based on the following criteria:
a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing
Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be
required for this standard. The Aspen/Pitkin County Housing Authority may choose to
hold a public hearing with the Board of Directors.
b. Affordable housing required for mitigation purposes shall be in the form of actual newly
built units or buy -down units. Off -site units shall be provided within the City limits.
Units outside the City limits may be accepted as mitigation by the City Council, pursuant
to Paragraph 26.470.090.2. If the mitigation requirement is less than one (1) full unit, a
cash -in -lieu payment may be accepted by the Planning and Zoning Commission upon a
recommendation from the Aspen/Pitkin County Housing Authority. If the mitigation
requirement is one (1) or more units, a cash -in -lieu payment shall require City Council
approval, pursuant to Paragraph 26.470.090.3. A Certificate of Affordable Housing
Credit may be used to satisfy mitigation requirements by approval of the Community
Development Department Director, pursuant to Section 26.540.080 Extinguishment of
the Certificate. Required affordable housing may be provided through a mix of these
methods.
c. Each unit provided shall be designed such that the finished floor level of fifty percent
(50%) or more of the unit's net livable area is at or above natural or finished grade,
whichever is higher. This dimensional requirement may be varied through Special
Review, Pursuant to Chapter 26.430.
d. The proposed units shall be deed -restricted as "for sale" units and transferred to qualified
purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The
owner may be entitled to select the first purchasers, subject to the aforementioned
qualifications, with approval from the Aspen/Pitkin County Housing Authority. The
deed restriction shall authorize the Aspen/Pitkin County Housing Authority or the City to
own the unit and rent it to qualified renters as defined in the Affordable Housing
Guidelines established by the Aspen/Pitkin County Housing Authority, as amended.
The proposed units may be rental units, including but not limited to rental units owned by
an employer or nonprofit organization, if a legal instrument in a form acceptable to the
City
Attorney ensures permanent affordability of the units. The City encourages affordable
housing units required for lodge development to be rental units associated with the lodge
operation and contributing to the long-term viability of the lodge.
Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin
County or other similar governmental or quasi -municipal agency shall not be subject to
this mandatory "for sale" provision.
e. Non -Mitigation Affordable Housing. Affordable housing units that are not required for
mitigation, but meet the requirements of Section 26.470.070.4(a-d). The owner of such
1.27.2014 — I' Reading Growth Management Competition Code Amendment; Exhibit B
Page 5 of 19
non -mitigation affordable housing is eligible to receive a Certificate of Affordable
Housing Credit pursuant to Chapter 26.540.
5. Demolition or redevelopment of multi -family housing. The City's neighborhoods have
traditionally been comprised of a mix of housing types, including those affordable by its working
residents. However, because of Aspen's attractiveness as a resort environment and because of
the physical constraints of the upper Roaring Fork Valley, there is constant pressure for the
redevelopment of dwellings currently providing resident housing for tourist and second -home
use. Such redevelopment results in the displacement of individuals and families who are an
integral part of the Aspen work force. Given the extremely high cost of and demand for market -
rate housing, resident housing opportunities for displaced working residents, which are now
minimal, will continue to decrease.
Preservation of the housing inventory and provision of dispersed housing opportunities in Aspen
have been long-standing planning goals of the community. Achievement of these goals will
serve to promote a socially and economically balanced community, limit the number of
individuals who face a long and sometimes dangerous commute on State Highway 82, reduce the
air pollution effects of commuting and prevent exclusion of working residents from the City's
neighborhoods.
The Aspen Area Community Plan established a goal that affordable housing for working
residents be provided by both the public and private sectors. The City and the Aspen/Pitkin
County Housing Authority have provided affordable housing both within and adjacent to the
City limits. The private sector has also provided affordable housing. Nevertheless, as a result of
the replacement of resident housing with second homes and tourist accommodations and the
steady increase in the size of the workforce required to assure the continued viability of Aspen
area businesses and the City's tourist -based economy, the City has found it necessary, in concert
with other regulations, to adopt limitations on the combining, demolition or conversion of
existing multi -family housing in order to minimize the displacement of working residents, to
ensure that the private sector maintains its role in the provision of resident housing and to
prevent a housing shortfall from occurring.
The combining, demolition, conversion or redevelopment of multi -family housing shall be
approved, approved with conditions or denied by the Planning and Zoning Commission based on
compliance with the following requirements (see definition of demolition.):
1. Requirements for combining demolishing converting or redeveloping free-market multi-
family housing units_ Only one (1) of the following two (2) options is required to be met
when combining, demolishing, converting or redeveloping a free-market multi -family
residential property. To ensure the continued vitality of the community and a critical
mass of local working residents, no net loss of density (total number of units) between the
existing development and proposed development shall be allowed.
a. One -hundred -percent replacement. In the event of the demolition of free-market
multi -family housing, the applicant shall have the option to construct replacement
housing consisting of no less than one hundred percent (100%) of the number of
units, bedrooms and net livable area demolished. The replacement units shall be
1.27.2014 — 1' Reading Growth Management Competition Code Amendment; Exhibit B
Page 6 of 19
deed -restricted as resident occupied affordable housing, pursuant to the Guidelines of
the Aspen/Pitkin County Housing Authority. An applicant may choose to provide
mitigation units at a lower category designation. Each replacement unit shall be
approved pursuant to Subsection 4, Affordable housing, of this Section.
When this one -hundred -percent standard is accomplished, the remaining development
on the site may be free-market residential development with no additional affordable
housing mitigation required as long as there is no increase in the number of free-
market residential units on the parcel. Free-market units in excess of the total number
originally on the parcel shall be reviewed pursuant to Paragraph 26.470.070.3,
Expansion of free-market residential units within a multi -family or mixed -use
development.
b. Fifty percent replacement. In the event of the demolition of free-market multi -family
housing and replacement of less than one hundred percent (100%) of the number of
previous units, bedrooms or net livable area as described above, the applicant shall be
required to construct affordable housing consisting of no less than fifty percent (50%)
of the number of units, bedrooms and the net livable area demolished. The
replacement units shall be deed -restricted as Category 4 housing, pursuant to the
guidelines of the Aspen/Pitkin County Housing Authority. An applicant may choose
to provide mitigation units at a lower category designation. Each replacement unit
shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing.
When this fifty -percent standard is accomplished, the remaining development on the
site may be free-market residential development as long as additional affordable
housing mitigation is provided pursuant to Paragraph 26.470.070.3, Expansion of
free-market residential units within a multi -family or mixed -use project, and there is
no increase in the number of free-market residential units on the parcel. Free-market
units in excess of the total number originally on the parcel shall be reviewed pursuant
to Paragraph 26.470.080.2, New free-market residential units within a multi -family or
mixed -use project.
c. One -hundred percent affordable housing replacement. When one -hundred -percent of
the free-market multi -family housing units are demolished and are solely replaced
with deed -restricted affordable housing units on a site that are not required for
mitigation purposes, including any net additional dwelling units, pursuant to Section
26.470.070.4, Affordable Housing; all of the units in the redevelopment are eligible
for a Certificate of Affordable Housing Credit, pursuant to Section 26.540 Certificate
of Affordable Housing Credit. Any remaining unused free market residential
development rights shall be vacated.
2. Requirements for demolishing affordable multi -family housing units: In the event a
project proposes to demolish or replace existing deed -restricted affordable housing units,
the redevelopment may increase or decrease the number of units, bedrooms or net livable
area
such that there is no decrease in the total number of employees housed by the existing
units. The overall number of replacement units, unit sizes, bedrooms and category of the
units shall be reviewed by the Aspen/Pitkin County Housing Authority and a
recommendation forwarded to the Planning and Zoning Commission.
1.27.2014 — 1" Reading Growth Management Competition Code Amendment; Exhibit B
Page 7 of 19
0 0
3. Fractional unit requirement. When the affordable housing replacement requirement of
this Section involves a fraction of a unit, cash -in -lieu may be provided only upon the
review and approval of the City Council, to meet the fractional requirement only,
pursuant to Paragraph 26.470.090.3, Provision of required affordable housing via a cash -
in -lieu payment.
4. Location requirement. Multi -family replacement units, both free-market and affordable,
shall be developed on the same site on which demolition has occurred, unless the owner
shall demonstrate and the Planning and Zoning Commission determines that replacement
of the units on site would be in conflict with the parcel's zoning or would be an
inappropriate solution due to the site's physical constraints.
When either of the above circumstances result, the owner shall replace the maximum
number of units on site which the Planning and Zoning Commission determines that the
site can accommodate and may replace the remaining units off site, at a location
determined acceptable to the Planning and Zoning Commission. A recommendation
from the Aspen/Pitkin County Housing Authority shall be considered for this standard.
5. Timing requirement. Any replacement units required to be deed -restricted as affordable
housing shall be issued a certificate of occupancy, according to the Building Department,
and be available for occupancy at the same time as, or prior to, any redeveloped free-
market units, regardless of whether the replacement units are built on site or off site.
6. Redevelopment agreement. The applicant and the City shall enter into a redevelopment
agreement that specifies the manner in which the applicant shall adhere to the approvals
granted pursuant to this Section and penalties for noncompliance. The agreement shall be
recorded before an application for a demolition permit may be accepted by the City.
7. Growth management allotments. The existing number of free-market residential units,
prior to demolition, may be replaced exempt from growth management, provided that the
units conform to the provisions of this Section. The redevelopment credits shall not be
transferable separate from the property unless permitted as described above in
Subparagraph d, Location requirement.
8. Exemptions. The Community Development Director shall exempt from the procedures
and requirements of this Section the following types of development involving Multi -
Family Housing Units. An exemption from these replacement requirements shall not
exempt a development from compliance with any other provisions of this Title:
a. The replacement of Multi -Family Housing Units after non -willful demolition such as
a flood, fire, or other natural catastrophe, civil commotion, or similar event not
purposefully caused by the land owner. The Community Development Director may
require documentation be provided by the landowner to confirm the damage to the
building was in -fact non -willful.
To be exempted, the replacement development shall be an exact replacement of the
previous number of units, bedrooms, and square footage and in the same
configuration. The Community Development Director may approve exceptions to
this exact replacement requirement to accommodate changes necessary to meet
1.27.2014 — I" Reading Growth Management Competition Code Amendment; Exhibit B
Page 8 of 19
0
current building codes; improve accessibility; to conform to zoning, design standards,
or other regulatory requirements of the City; or, to provide other architectural or site
planning improvements that have no substantial effect on the use or program of the
development. (Also see Chapter 26.312 — Nonconformities.) Substantive changes to
the development shall not be exempted from this Section and shall be reviewed as a
willful change pursuant to the procedures and requirements of this Section.
b. The demolition of Multi -Family Housing Units by order of a public agency including,
but not limited to, the City of Aspen for reasons of preserving the life, health, safety,
or general welfare of the public.
c. The demolition, combining, conversion, replacement, or redevelopment of Multi -
Family Housing Units which have been used exclusively as tourist accommodations
or by non -working residents. The Community Development Director may require
occupancy records, leases, affidavits, or other documentation to the satisfaction of the
Director to demonstrate that the unit(s) has never housed a working resident. All
other requirements of this Title shall still apply including zoning, growth
management, and building codes.)
d. The demolition, combining, conversion, replacement, or redevelopment of Multi -
Family Housing Units which were illegally created (also known as "Bandit Units").
Any improvements associated with Bandit Units shall be required to conform to
current requirements of this Title including zoning, growth management, and building
codes. Replaced or redeveloped Bandit Units shall be deed restricted as Resident
Occupied affordable housing, pursuant to the Guidelines of the Aspen/Pitkin County
Housing Authority
e. Any development action involving demising walls or floors/ceilings necessary for
the normal upkeep, maintenance, or remodeling of adjacent Multi -Family Housing
Units.
f. A change order to an issued and active building permit that proposes to exceed the
limitations of remodeling/demolition to rebuild portions of a structure which, in the
opinion of the Community Development Director, should be rebuilt for structural,
safety, accessibility, or significant energy efficiency reasons first realized during
construction, which were not known and could not have been reasonably predicted
prior to construction, and which cause no or minimal changes to the exterior
dimensions and character of the building.
1.27.2014 — 1" Reading Growth Management Competition Code Amendment; Exhibit B
Page 9 of 19
• 0
+6. Expansion or new commercial development. The expansion of an existing commercial
building or commercial portion of a mixed -use building or the development of a new commercial
building or commercial portion of a mixed -use building shall be approved, approved with
conditions or denied by the Planning and Zoning Commission based on general requirements
outlined in Section 26.470.050.
27. New free-market residential units within a multi -family or mixed -use project. The
development of new free-market residential units within a multi -family or mixed -use project
shall be approved, approved with conditions or denied by the Planning and Zoning Commission
based on the general requirements outlined in Section 26.470.050 above.
38. Lodge development. The expansion of an existing lodge or the development of a new lodge
shall be approved, approved with conditions or denied by the Planning and Zoning Commission
based on the following criteria:
a. If the project contains a minimum of one (1) lodge unit per five hundred (500) square feet
of lot area, the following affordable housing mitigation standards shall apply:
1) Affordable housing net livable area equaling a percentage, as defined in the unit size
table below, of the additional free-market residential net livable area shall be
mitigated through the provision of affordable housing.
2) A percentage, as defined in the table below, of the employees generated by the
additional lodge, timeshare lodge, exempt timeshare units and associated commercial
development, according to Paragraph 26.470.100.A.1, Employee generation, shall be
mitigated through the provision of affordable housing.
Affordable Housing Net
Average Net Livable
Livable Area Required
Percentage of
Area of Lodge Units
(Percentage of Free-
Employee Generation
Being Added to the
Market Net Livable
Requiring the
Parcel
Area)
Provision of Mitigation
600 square feet or
30%
60%
eater
500 square feet
30%
40%
400 square feet
20%
20%
300 square feet or
10%
10%
smaller
When the average unit size falls between the square -footage categories, the required
affordable housing shall be determined by interpolating the above schedule. For
1.27.2014 — 151 Reading Growth Management Competition Code Amendment; Exhibit B
Page 10 of 19
example, a lodge project with an average unit size of four hundred fifty (450) square
feet shall be required to provide mitigation for thirty percent (30%) of the employees
generated.
Affordable housing units provided shall be approved pursuant to Paragraph
26.470.070.4, Affordable housing, and be restricted to a maximum of a Category 4
rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as
amended. An applicant may choose to provide mitigation units at a lower category
designation.
b. If the project contains less than one (1) lodge unit per five hundred (500) square feet of
lot area, the following affordable housing mitigation standards shall apply:
1) Affordable housing net livable area equaling thirty percent (30%) of the additional
free-market residential net livable area shall be mitigated through the provision of
affordable housing.
2) Sixty percent (60%) of the employees generated by the additional lodge, timeshare
lodge, exempt timeshare units and associated commercial development, according to
Paragraph 26.470.050.A.1, Employee generation, shall be mitigated through the
provision of affordable housing.
49. Residential development — sixty percent (60%) affordable. The development of a
residential project or an addition of units to an existing residential project, in which a minimum
of sixty percent (60%) of the additional units and thirty percent (30%) of the additional floor area
is affordable housing deed -restricted in accordance with the Aspen/Pitkin County Housing
Authority Guidelines, shall be approved, approved with conditions or denied by the Planning and
Zoning Commission based on the following criteria:
a. A minimum of sixty percent (60%) of the total additional units and thirty percent (30%)
of the project's additional floor area shall be affordable housing. Multi -site projects are
permitted. Affordable housing units provided shall be approved pursuant to Paragraph
26.470.070.4, Affordable housing, and shall average Category 4 rates as defined in the
Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may
choose to provide mitigation units at a lower category designation.
b. If the project consists of only one (1) free-market residence, then a minimum of one (1)
affordable residence representing a minimum of thirty percent (30%) of the project's total
floor area and deed -restricted as a Category 4 "for sale" unit, according to the provisions
of the Aspen/Pitkin County Affordable Housing Guidelines, shall qualify.
510. Residential development — seventy percent (70%) affordable. The development of a
residential project or an addition to an existing residential project, in which seventy percent
(70%) of the project's additional units and seventy percent (70%) of the project's additional
bedrooms are affordable housing deed -restricted in accordance with the Aspen/Pitkin County
Housing Authority Guidelines, shall be approved, approved with conditions or denied by the
Planning and Zoning Commission based on the following criteria:
a. Seventy percent (70%) of the total additional units and total additional bedrooms shall be
affordable housing. At least forty percent (40%) of the units shall average Category 4
1.27.2014 — 1 s' Reading Growth Management Competition Code Amendment; Exhibit B
Page 11 of 19
rates as defined in the Aspen/Pitkin County Housing Authority Guidelines. The
remaining thirty -percent affordable housing unit requirement may be provided as
Resident Occupied (RO)
units as defined in the Aspen/Pitkin County Housing Authority Guidelines. Multi -site
projects are permitted. Affordable housing units provided shall be approved pursuant to
Paragraph 26.470.070.4, Affordable housing. An applicant may choose to provide
mitigation units at a lower category designation.
b. If the project consists of one (1) free-market residence, then the provision of one (1) RO
residence and one (1) category residence shall be considered meeting the seventy -percent
unit standard. If the project consists of two (2) free-market residences, then the provision
of two (2) RO residences and two (2) category residences shall qualify.
26.470.110. Growth management review procedures.
B. Application review procedures
applientions, and City Conned review applientions.
1. Application submission dates. An application for growth management allocation thatt
qualifies for- administrative review, fflinef Planning and Zening Gemfni i . V a
may be submitted to the Community Development Director on any
date of the year.
2. Administrative applications. Growth management applications for Community
Development Director review shall be submitted to the Community Development
Director who shall, based on the applicable standards identified in Section 26.470.060,
approve, approve with conditions or disapprove the application.
3. l linof-Planning and Zoning Commission applications. Growth management applications
for m-inefPlanning and Zoning Commission review shall be reviewed by the Community
Development Director, who shall forward a recommendation to the Planning and Zoning
Commission, based on the applicable standards identified in Section 26.470.070, that the
application be approved, approved with conditions or disapproved.
The Planning and Zoning Commission shall review the application according to the
applicable standards, consider the recommendation of the Community Development
Director and, during a public hearing, adopt a resolution approving, approving with
conditions or disapproving the application. Notice of the hearing shall be by publication,
posting and mailing, pursuant to Subsection 26.304.060.E.
4. City Council applications. Growth management review applications for City Council
review shall be submitted to the Community Development Director, who shall forward a
recommendation to the Planning and Zoning Commission, based on the applicable
standards identified in Section 26.470.090, that the application be approved, approved
with conditions or disapproved.
The Planning and Zoning Commission shall review the application during a public
hearing according to the applicable standards and, by resolution, recommend to City
1.27.2014 — Is` Reading Growth Management Competition Code Amendment; Exhibit B
Page 12 of 19
Council that the application be approved, approved with conditions or disapproved.
Notice of the hearing shall be by publication, posting and mailing, pursuant to Subsection
26.304.060.E.
City Council shall review the application according to the applicable standards, consider
the recommendation of the Planning and Zoning Commission, the recommendation of the
Community Development Director and, during a public hearing, adopt an ordinance
approving, approving with conditions or disapproving the application. Notice of the
hearing shall be by publication, posting and mailing, pursuant to Subsection
26.304.060.E.
City Council review applications that require major Planning and Zoning Commission
review shall be reviewed pursuant to the process outlined in Subsection 26.470.110.C.
PW
IMPIRW
1.27.2014 — 1" Reading Growth Management Competition Code Amendment; Exhibit B
Page 13 of 19
CD. Allocation procedure. Following approval or approval with conditions, pursuant to the
above procedures for review, the Community Development Director shall issue a development
order pursuant to Section 26.304.070, Development orders. Those applicants having received
allotments may proceed to apply for any further development approvals required by this Title or
any other regulations of the City.
DE. Expiration of growth management allotments. Growth management allotments
granted pursuant to this Chapter shall expire on the day after the third anniversary of the
effective date of the development order, pursuant to the terms and limitations of Section
26.304.070. Expired allotments shall not be considered valid, and the applicant shall be required
to re -apply for growth management approval. Expired allotments may be added to the next
year's available allotments at the discretion of the City Council, pursuant to Subsection
26.470.030.E.
Eli. Application contents. Applications for growth management shall include the following:
1. The general application information required in Common development review
procedures, Chapter 26.304.
2. A site -improvement survey depicting:
a) Existing natural and man-made site features.
b) All legal easements and restrictions.
c) All requirements for improvement surveys outlined in the current City Engineering
Department regulations.
3. A description of the project and the number and type of the requested growth
management allotments.
4. A detailed description and site plan of the proposed development, including proposed
land uses, densities, natural features, traffic and pedestrian circulation, off-street parking,
open space areas, infrastructure improvements, site drainage and any associated off -site
improvements.
1.27.2014 — I" Reading Growth Management Competition Code Amendment; Exhibit B
Page 14 of 19
5. A description of the proposed affordable housing and how it provides adequate mitigation
for the project and conforms to the Aspen/Pitkin County Housing Authority Guidelines.
6. A statement as to how the application should be considered "exceptional" if multi -year
allotments are being requested.
7. A statement specifying the public facilities that will be needed to accommodate the
proposed development, proposed infrastructure improvements and the specific assurances
that will be made to ensure that the public facilities will be available to accommodate the
proposed development.
8. A written response to each of the review criteria for the particular review requested.
9. Copies of required approvals from the Planning and Zoning Commission, Historic
Preservation Commission and the City Council, as necessary.
seefing efitefia applieable to the type of development as outlined in Seetion 26.470.120
(Ord. No. 14, 2007, §1; Ord. No. 36, 2013, §5)
IFAJM
1.27.2014 — I' Reading Growth Management Competition Code Amendment; Exhibit B
Page 15 of 19
C�
•
Y.
Reqttire
number- ei
exple}ees-to
be-heused by
develepment
Proposed numbe
9f empleyees to
be kexsedy
develepment
t
Few
whieh pfepes
units exeeed the
e
r•crnerien
#4
Gerni:nents
Pro jeep
A
4-2
4A-
A
to heuse 3 nefe
empleyees than the 12
3A 2 — 25%
required.
of 2-
Projee
IFS
4-2
4-2
1nn
2-0
z ff
n �
/prejeet
to ,.ease t1.o fflinimum
employees,numbef of but with flitthat ., ..
fe
^,noi la than
-ge..
0
a-scvn-vrLv
Projee
c-
8
4-2
10 house 4 fnAr
empleyee than the 8
Fequir-ed. And the units
o -
e"-$
Projeet
B
5
6
l
50
to heuse ,
Leo than than the 5
And the
fequir-ed. units
rl
than r-equifed. 115 —
inoi -. 30oi - 9eefe
1.27.2014 - I" Reading Growth Management Competition Code Amendment; Exhibit B
Page 16 of 19
0 •
Weposed nunil Keefe €e GefAfaei ts
number- of employees to whieh pr-epesr .criter-iee
empleyees-te be keused b units o eea th #4
be housed by mee k
develepment eels fequifenients
Of -SO
1.27.2014 - 1" Reading Growth Management Competition Code Amendment; Exhibit B
Page 17 of 19
WYNTMpfirrr-PROWAFATAII
LIAIM
26.470.150. Appeals.
Planning
PlanningGhaptef 26.316, Appeals. The
remand the seering te the Gemmunity Development • -
:: r
BA. Appeal of adverse determination by Community Development Director. An appeal
made by an applicant aggrieved by a determination made by the Community Development
Director on an application for administrative review shall be to the Planning and Zoning
Commission. The appeal procedures set forth at Chapter 26.316 shall apply. The Planning and
Zoning Commission may reverse, affirm or modify the decision or determination of the
Community Development Director based upon the application submitted to the Community
Development Director and the record established by the Director's review. The decision of the
Planning and Zoning Commission shall constitute the final administrative action on the matter.
EB. Appeal of adverse determination by Planning and Zoning Commission. An appeal
made by an applicant aggrieved by a determination made by the Planning and Zoning
Commission on an application for Planning and Zoning Commission review shall be to the City
Council. The appeal procedures set forth at Chapter 26.316 shall apply. The City Council may
reverse, affirm or modify the decision or determination of the Planning and Zoning Commission
based upon the application submitted to the Planning and Zoning Commission and the record
established by the Commission's review. The decision of the City Council shall constitute the
final administrative action on the matter.
1.27.2014 — I' Reading Growth Management Competition Code Amendment; Exhibit B
Page 18 of 19
0 9
DC. Insufficient development allotments. Any property owner within the City who is
prevented from developing a property because that year's development allotments have been
entirely allocated may appeal to the City Council for development approval. An application
requesting allotments must first be denied due to lack of necessary allotments. The appeal
procedures set forth at Chapter 26.316 shall apply. The City Council may take any such action
determined necessary, including but not limited to making a one-time increase of the annual
development allotment sufficient to accommodate the application.
(Ord. No. 14, 2007, § 1)
1.27.2014 — I" Reading Growth Management Competition Code Amendment; Exhibit B
Page 19 of 19
Regular Meeting Aspen City Council • January 13, 2014
drive small lodge preservation. Councilman Romero said he is also comfortable with the size of
the free market residential units. Councilman Romero noted there is no neighborhood support
evident for this project.
Mayor Skadron said an appropriate balance must be met between incentivizing lodge
redevelopment and preserving neighborhood mass and scale. Mayor Skadron stated this current
application is sufficiently incompatible with the R-6 neighborhood and fails to meet the PUD
review criteria on neighborhood compatibility. Mayor Skadron noted parking, finishes and
design are issues for staff and HPC. Mayor Skadron pointed out the project did not garner
support from P&Z or from staff and it is a concern that the GMQS deadline forced an expedited
P&Z review. Mayor Skadron stated he wants to see the integrity of the lodge incentive program
be upheld and that small town character be maintained.
Mayor Skadron supports further study of this proposal and questioned whether the GMQS
deadline can be waived. Bendon said it cannot be waived; that process was set up for many
applications to be scored and forward to compete for allotments. Bendon noted the city has not
been in that type of development environment for years and staff finds less value in the GMQS
`�,� Y ► deadline. Bendon suggested directing staff to bring a code amendment to Council. Council
agreed on addressing a code amendment.
Councilman Frisch moved to continue Ordiriance #51, Series of 2013, to February 10, 2014, for
restudy of the free market residential units and overall cumulative floor area and to better relate
to the neighborhood and to have staff return with an ordinance to eliminate the February 15
deadline for GMQS; seconded by Councilman Daily. All in favor, motion carried.
Councilman Daily moved to go into executive session at 8:50 p.m. pursuant to C.R.S. 24-6-
402(4) (b) Conferences with an attorney for the local public body for the purposes of receiving
legal advice on specific legal questions and (e) Determining positions relative to matters that
may be subject to negotiations; developing strategy for negotiations; and instructing negotiators;
seconded by Councilman Daily. All in favor, motion carried. Councilwoman Mullins returned
to Chambers.
Councilman Romero moved to come out of executive session at 9:40 p.m.; seconded by
Councilwoman Mullins. All in favor, motion carried.
Councilwoman Mullins moved to adjourn at 9:40 p.m.; seconded by Councilman Frisch. All in
favor, motion carried.
Kathryn Koch, City Clerk
13
•
cc) 32. ?0r4-.ASLL4
Permits
File Edit Record Navigate Form Reports Format Tab Help
4 �X `-1 " " - Jump 1
Main Custom Fields Routing Status Fee Summary Actions Routing History
I
1 o Permit type aslu Aspen Land Use Permit r 00322014ASLU —�
Address 1130 GLAEfIA ST Apt(Suite
°o City JASPEN state CO rip 81611
4 Permit Information
Master permit Routing queue jaslu07 Applied Dd 07201d
z
ProjectF Status Pending Approved
G
Description GROWTH MANAGMENT AMENDMENT issued
Closed/Final
Submitted ICITY OF ASPEN Clock Running Days 0I Expires 0402 2015
finer
Last name IcrFy HALL First name 801 CASTLE CRK
ASPEN CO 816111
Phone (} - Address
Applicant
Z Owner is applicant? ❑ Contractor is applicant?
Last name Jury HALL First name 1801 CASTLE
'ASPEN CO 81611
Phone If 1 Cust = 112727 Addracc
Lender
Last name First name
Phone 7 Address
AspenGoldS (serve( angelas = 1 of 1