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HomeMy WebLinkAboutcoa.lu.ca.code amendment.growth managment.0032.2014.aslu 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 ASPENCITV 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 tse Code. the City Council ofthe 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 (701111111,1111t\' Development, and. WHEREAS, pursuant to Section 26.310,020(B)(1). the Communit\ Development Department conducted Public Outreach with City Council regarding the code amendment; and. 1 Z7 reg WHEREAS, pursuant to Section 26.310.020(11)01. 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 veariv submission deadlines in the growth management code. Lind. WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the Citti of Aspen I-and t.1'se Code Section 26.470, and, WHEREAS, the Aspen Citv Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards ptirstiant to Chapter 26.318.8>8 and. WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary Ibr the promotion Of PLIblic health, safety, and welf"are. and NOW, THEREFORE BE IT ORDAINED BY THE CITVCOt.!NCH, OF THE CITY OF ASPEN,COLORADO THAT: Section 1: Code Amendment Obiective The objective of the pro[x)sed code amendments is to eliminate the February 15"' and august 151h 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 grm),Ili management Near. C,\, IQ-S coap:tition Code Amcndmcni Ordinance 2, Series 2014 Pay I of 5 Section 2: Section 26,470.03 0.l), subsection 'Annual allotment", shall be amended as follo-vvs: Annual allotment. The annual allotment reflects each year's potential growth within the City, applied to each tN pe of land use, The annual allotment may be reduced if multi-year allotments are uranted bv the City Council. The follosNing annual allotments are hereby established: Development Tjpe Annual Allotment Residential — Free-Market 18 units Commercial 33.300 net leasable square 1'ect Residential — Affordable No annual limit I lousino Lodging 112 pillows I Essential public facility No annual limit .......................... Allotments shall be considered not granted upon denial of the project and completion of anN appeals. Allotments shall be considered vacated b�I a property owner upon \�ritten notification from the propertN owner. [..III wher portions of Section 264770 030,1)remain unchanged] Section 3: Section 26.470.030.F, .4vailable allotment in each of two t2'i annuial q1)1)1icwion sessions, shall be deleted, Ali subsequent sections shall be renuirthered as follows: Section F becomes Section E' Section 4. Section 26,470.070, Minur Planning and lonb g Continis.vion applicafions, shall be renamed to -Planning and loning Cotntnission aplifications." and all references to -.Vinol• Plannin g antl Zoning Commission oplVi •alions- are hereby. renamed -Phomitig antl Zoning Section 5- Section 26,470-080. ,Vqjor Planning aml ZonitW Cominission qpl)lications, is deleted and the live subsections are moved to Section 26.470.070, Planning owl Zoning Commission apj)lications, Subsections 1-5 that are being) moNed firom 26.470.080 it) 26,470,070 shall be renumbered as follows: 6. Expansion or new commercial deN clopment. T New free-market residential units within a multi-familv or mixed-use project. 8. Lodge development, 9, Residential development sixty percent (6VIO) affordable. GMQS conipoilion Code Aniendinent Ordinance^,Series 2014 PaLy 2 of 5 10. Residential development -- seventy percent (70%) affordable. Section 6: Section 26.470.110.13, Orowih management review procedures, Application revievv procedures- administrative review applications, minor P&Z review application and City Council re\,ie%\,,applications. shall be amended as follows: B. Application review procedures 1. Application submission dates. An application for growth management allocation may be on__ submitted to the Community Development Director on any date of the year. Administrative applications.. Gro"Ih management applications for Community �—)ire�for. .......... Development revievv shall be submitted to the Community Development DIrccIorAvho shall, based on the applicable standards identified in Section 26.470.060, appro\c, approve with conditions or disapprove the application. 3. Planning and Zonine Commission applications. Growth management applications for Planning and Zoning Commission review shall be reviewed by the Cornmunitv Development Director, \O,io 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 reviexv 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 vvith conditions or disapproving the application. Notice of the hearing shall be by publication, posting and mailing, pursuant to Subsection 226.304.060T. 4. City Council_LqM&catiqns. (3ro\,,tlj management review applications for City Council revic", 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 Leith conditions or disapproved. '17he Planning and Zoning Commission shall reviecv, the application during a public g hearing according to the applicable standards and. by resolution, recommend to City Council that the application he 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 re\ie\N- the application according, to the applicable standards, consider the recommendation ofthe-Planning and /onin- Commission, the recOTIMICtidation of the Community Development Director and, during a public hearing, adopt an ordinance appro�ing, 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 G%IQS COMpctition Code Amendment Ordir),-ince 2,Series 201-t tlag:3 ul'5 City Council rcview applications that require major Planning and toning Commission review shall be revievved pursuant to the process outlined in Subsection 26.470.1 1O.C. Section 7: Section 26.470.1 1O.C. Gromh management review procedures. Application revie\v procedures - major Planning and Zoning Commission review, shall be deleted. All subsequent sections shall be renumbered as follows: Section D becornes Section C Section E becomes Section D Section F becomes Section E Section 8: Section 26.470.110.17.10 (renumbered to 26,470.1 IOT 10)shall be deleted. Section 9: Section 26.470.120, Community objective scoring criteria, shall be deleted. Section 10: Section 26,470.1-50,A AI?Iaeals - .41�1)eals o'/cominunii'v oNective scoi-iitg, shall be deleted. All subsequent sections shall be renumbered as follows: Section 13 becomes Section A Section C becomes Section B Section D becomes Section C Section 11: Effect Upon Existing Litigation. This ordinance shall not aff ect 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 thesaine shall be conducted and concluded under Such prior ordinances. Section 12: Severabilitv. 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 A-,,pcn I lome Rule Charter, this ordinance shall become effective thirty(30)days l'olloxving Imal passage. Section 14: A public hearing of) this ordinance shall be field oil the 10"' day of`February, 2014, at a meeting of the Aspen City; Council cointnencing at 5:00 pmi- in the City Council Chambers. Aspen City I fall, 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 PUBLIS11ED as provided by law. bV the (.'it\ Council of the City of Aspen on the 271h day of'January. 2014. GN1QS comp6lion Code Arriendrnefit Ordinance 2.Series 2014 fl,igc 4 of-5 Attest: \khr-,-.n S. \ � t.. Clerk §ems n &k©ao\ \mm M Ur . : FINALLY,adopt , passed and approved this !%h day of February,2014. W ■mry n S. ,Ci Clerk Steven Skl r#ti�i,N r, Approved as to form: /I-- ���. i Attorney G !! mmmlmm Code Amendment O> Ji T kt :G Page 5 ys ,1 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: �� �� L1��1G l�cli/lL►y , Aspen, CO SCHEDULED P�JBLIC HEARING DATE: � 20 b STATE OF COLORADO ) ss. County of Pitkin ) (name, please print). being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing on the day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sib z) 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. snail 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, summarized 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 sunznzary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued 077 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 an2endnzent. 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. E Si a e The foregoing "Affidavit of Notic " was acknowledged before me this 23day 20/ by RE:AMENDMENT TO THE CITY OF ASPEN WITNESS ESS M 1 HAND AND OFFICIAL SEAL LAND USE CODE NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday,February 10,2014,at a M olnmisslon expires: City Councibegin ouncil Chambers,City Hall,130 S. Galena St.,Aspen,to consider an amendment to the text im the Land Use Code. The amendment �L would eliminate the February 15th and August 15th �"• growth management application deadlines and in- st. y ad allow for applicants to submit any time dur- otary Public ing the year. For further information,contact Jessi- a J 'KY P ca w at the City of Asppen CommdndY ��,•�.. evelopment Department,130 S.Galena St.,As •,• e°•��� pen,CO,(970)429-2780,jessica.garrow @ci.as- - e pen.co.us. % at Steven Skadron Mavor .11 ° Aspen Cny Councd LINDA M. Published in the Aspen Times Weekly on January s r'�;.a'��iS"�'••Ya:a •; 23,2014. [9877102] ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION _ ' • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIENYA WLtD' BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 I i MEMORANDUM TO: Mayor and City Council FROM: Jessica Garrow, Long Range Planner ,- ) THRU: Chris Bendon, Community Development Director 0,V m RE: Growth Management Submission Deadlines Code Amendment Ordinance 2, Series of 2014,{ 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 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. 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 1 of 2 basis. Major P&Z applications can only be submitted on February 151h and August 15th. 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 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 15th and August 15th 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 l of 5 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 No annual limit Housing 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 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 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 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 10th 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 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 2, Series 2013 Page 5 of 5 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—2nd 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. 114fier Planning and Zoning Commission applications. Sec—26.4 80--- Majef Planning andzeningConuniT: heations. Sec. 26.470.090. 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 Affordable No annual limit Housing 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. E. Available-allotments in eneh of two (2) annuannual appliention sessions.The Gr-ePtii appheatiens that fequ e-sEe g-twice per—year. (Net all-apPneations egene-seering.) The sWafnission- for-the two (2) sessions shall be as defined in Seetion 26.470.110. For-th first session of the Year-, the fmmber- of development alletmepAs available shall be the entife annual allotment established pufsuam to Subseetion 2 6.4 70.03 0.D. Allotments that afe net gfan4ed, gr-awed but then vaeated or not r-equested in the fifst session e the yeaf shall be available in the seeend session ef the yeaf. Any allotments femaining aftef:th-e seeend session ef the year-shall enly be available in the fittur-e as deteffnified by the City Getifleil 2.10.2014—2"d Reading Growth Management Competition Code Amendment;Exhibit B Page 2 of 19 owner r-upen wriffen notifieation f, the eA owner-. 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. A inor 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°a 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. 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 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 2.10.2014—2nd 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. 2.10.2014—2nd Reading Growth Management Competition Code Amendment;Exhibit B Page 7of19 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—2nd 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 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. 26.470.080. Major Planning and Zoning Commission applientions. The following t�Tes of deN,elopment shall be appr-eved, appr-eved with eenditions er- denied by , above and the eriter —for- es e �4f de elopme ed below. l xeept as noted, gfewth 2.10.2014—2"d Reading Growth Management Competition Code Amendment;Exhibit B Page 9 of 19 above. Exeept as fieted, all Planning and Zoning Cefr.-aission gi-7ewth management appfeval-s level 476.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 o Miti ation 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—2nd 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 n 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 ad::i moist-ati. review applientions, rainOF n.e Z 1. Application submission dates. An application for growth management allocation qualifies 6r--aid flii fl-iS Fo, .ief Planning and Zoning Ceffi is ion feo iew er City Ceti ei evict., 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. Miner-Planning and Zoning Commission applications. Growth management applications for miner-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 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. C. Appliention review proeedures major Planning and Zoning Commi i of Planning and Zoning Cenunissien ° ° „1., be ,..,t......;tt,.a to thee Geff..n,,„;t..Tleyelo„„.ew Di fe.t„« en e (1) of the twe (2) . li t' submittal a lti'°1.,..,..,..,, 15 A,,,pst 15 When the appheatien submittal chat falls C t a Sunday of legal holiday, the e.t business d y shall v v the applieatieft submittal , t Appliea4iens shall enly be tted within the :.,th .,„ °„, t 1, 1, big iiwiugvaai�.ii= .,ll,,e tiers . est°a uuwu�i ° „.l establishment of the 1;e tie ,...a°. Appheations or- majef Plaming and shall be s4mitted te the Community 4hea submittal dates liste abeve. The Genm:nunityL Bed=elepmentt Difee-ter shall rTeyiew the appheations fe Seefien 26.470.120, -unity -seereriter•-ia. The-essiped-seer-es shalle used to establish the «° o ,.,.,1°,- ..„a . e to ...i.ie appheations may be t a growth „t alle .,t;„ I-- g-ewth management feview YN .1° u i.,,ug uii failing to r-eeeive a minimum dwesholrlsrrr-e in (1) of the t objeetives seaf:iag elassifieations, as darned in See ion -26 70 120, shall be denied by the The pr-ejeet with the highest een*ntinity objeetives seefe shall be reviewed first and shall be eject eligible few grewth mmageffient-alleeatiens. The-seeend highest- aet shall be reviewed seeend and shall be the seeend projeet eligible fe growth management alleeatiens, and so fefth. Appheatiens shall maintain this assigned °l. eti. if nrnl°°t., obtain idepAieal s ° the„ eet with the highest f r •t #1 shall. be-eensidered to have-the-higher-seefe. if pfejeets-with identieal seeres also have 2.10.2014-2nd Reading Growth Management Competition Code Amendment;Exhibit B Page 13 of 19 identieal seer-es fer-Qiter-iea N, a random dfawing shall be held to detefmine the efdef in ,.1 ieh the p eels shall pfeeeed. 3. Applieafi rrref thP-ee 'c[irry ebTCCTi'y c°:rscoriiri= is eemplete and the r-elview erne« is establishes .,t nt pheatiefis f« « Dl..,.,..;,.,. n Zoning , �,« ���,«V L 1A1J1./11V Gll Gonffnissio fe o shall be-revie weave-Geffh%uaity Development Direeter�he shall F,.....,«a a endatio to the Planning and Zoning !'',.,....,..,,;..sio based on th appl;eable .,+.,..aafds identified in Seetien 26.470.070, that the . „1;eati,.„ be , ed The P ming and Zoning emn ssien—sh shall the ap hwon and the >aEee din- 3 the—applie.a. le-standards--and by fesel>ifien, afffeve, appr-eve with eenditiens or- disappfeve the-applie-atien. Notiee e€the hell be by p '�''ealiefl, pesting and mailing,pufstiant to Subseetien 26.304.060.E. Cam. 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. EE. 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. 2.10.2014-2"a 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. S. 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. toria . plieable to the type of development as outlined C t' 26.470.120 „b YY u...1 a l..ief'o.,..l...�afie.� supporting the .l .l ll ° . (Ord.No. 14, 2007, §1; Ord.No. 36, 2013, §5) Gfewth management alleeation applieations for-majer-Planning and Zoning Cefffl:nissi shall be feviewed the order- of theif l Vl unity objee fives o with the highest , prejeet first, the seeend highest l et seeei}d, and so efth.Th following ee efiter-ia have been established in Ardt--r t� the City's expeetation fef new develepfnen4 an to_.•o....,f Bets that .,,.L.ieye identified, n ty g ..1 Pfejeets failing to Minimum thfeshold seer-e in any efie (1) of the seefing ..�.....ulu Yi mow... 1111•t•.11l�.�.luvllull�.0 Flu` 'fi t' the t defined a C tion 26 non 120 shall 1. denied 1, the G t -------------� --- ---- ------ -- --------- --- �----�-- _.,. .,.,._�.,, .,..».. .,� ..�...�.. .,� ...� �.,llllllall �y Development Dir-eeten The following peif4 system shall be used to assign a eaeh of t f ll g eut«gva Seer-es shall ,. be .let .. lte to the nearest ipAege A. Community Objeetives Seoring Criterion #1 Mlork-foree Housing. The aesir-es ., balanee bet.`leeft Aspen the Getimittaity d-Aspen the-Resef4. Both the see-ia� fabfie of the eammtmity and the long tefm 11 being of the fesei4 afe feliapA on -a Fesetifee-of hausing oppoftunities-€ewec-al ever4cing-rzsidents. The-cemrr unit-y Development Difeeter- shall assign a seer-e to eaeh pfejeet fer- this objeefive based on the following poifit. 1. Points fef the„ mbe.O ..eeS hettsed. One (I)peipA shall be-assigned €er-eac-l3-ene of this ' ' with aetual housing units on site E)r- off site. Depending upen the type of development, a&fdable housin requifemei4s are either- as a numbef e is of empleyees-to e housed er- squafe footage of housing to be pf�evided, and the sear-e shall be a fefleetion of 2.10.2014—2nd Reading Growth Management Competition Code Amendment;Exhibit B Page 15 of 19 ------- --- shall be used. in no ease shall eash in liett be used to obtai points fer-this ei�tt-;iAn 2. Points F v f the � eF a .fable housing units. O r(1) peifA shall b ..�cd F or cacb ene-pereent (1-1,;) by whieh proposed a€€efdable-housing units exceed the miniamffi. in.HA- E e"°^L,.,11 e...,l, in lieu be used to obtain F this •t 3. ra;..;....um F hfeshelE Wepesals with less than the mini fe"ifed -B .•dable L ' - ..t as fequifed pufsuaf4 to this Chaptef a e..,1;..,. to the denied ppaf4iettlaf type of development, shall feeeive a failing seefe fef this e�itefieff and shall be by the Cermi�mnity DevelepmepDifeettef. The fninimu nt may be -a I.........-- of en site units, E)tf-site units of eash in lieu thefeefl, as sueh methods afe pefinitted by this Chaptef, Requifed A-7epesed ntimb weenfir Seefe€ef EeHs fluffibef Of efemployees-fie proposed Cr-itefiea employees to be housed-by tinits exeeed t 44 be heused by develeprbent aetual tm PFejee 43 �5 9 15 This pr-ejeet. A to house 2 7'Y a ,..1,,.,ees than the 12 required.3,3/12—2507; f 2-5 Projee 4-3 43 29 29 This pejeet prepeses to house the numbef F e p1, but, .:th. ..;t., that a 0 Projee 8 43 475 65 E required- And tinits- are o 1570 501';+ 159% a seefeei e€-6f5 PFOjee 5 6 30 59 $ to house 1 empleuee than the e Iequifed.AM the tmICJ are also 309i 1.,,.,.e tbae feq>:rifed.14 209%+m30,;—a seerz 2.10.2014—2"d Reading Growth Management Competition Code Amendment;Exhibit B Page 16 of 19 Reed Pr-epesed nom e> Pereentage b Seen fef Eetnfnelts mere€ of efnple�}ees-fie �i�esed Criterion empley ees4e be bease� nits e e t #4 be-housed°'.�7°' e o .ter. .:41. strategies, for- this objeetive based on the fellevving peint sehedule And the -,�Qt feeen4 version of the beadefship «bJ a qua Design (LEED) standafds of the US Gfeen Building c-- i- Points for-LEED GeFfified4kojeets LEED--Wenze level = 4-0 rr EED Sil ver- level = -20 pfeVets Pe T EED Go'dllevel = -39 s in order- for-pfepesals to obtain poinAs fef this efiter-ion, an applieaf4 must detnenstfate efedible supperti++*�+ n r r1 r 1 «r'4' r' 1. rl, T S !' „ D„:1,1ing!'e 1 ""YY"``�"b Y:vb: ...� ..v v.ua u..uvLUUa vva LauvuLavaa vJ Lau{. , thm n phew.le to all deyel„„.v.o„r L , Q Community Objeet-iveSeOFiflg-Criterion #3 Small Lodges. The City's small ledges pr-e: dginexper-ienee that is EeEe tr ft . Reftffbishfnem, e"ansion and fedevelopment of small lodges and ledges with sfnall tffiits are ...., erder- tee-eeeAifyded &Eistefleee€-these-ledges, tie rejects-with !edge tmits t' -avefage-€eur- hundfed-(4{0) sweet er- less. Th G. .a.unitJ De-yea.t aent Taro.wL.f shall assign u .vvie ten 1 1 , pr-ejeet for-this objeetive based o the 4'„11,...,:..g p „r sehe l„ln. VCIJL.0 vaazn 2.10.2014—2 Reading Growth Management Competition Code Amendment;Exhibit B Page 17 of 19 ese>,zafien Prejeets. Fifteen (15) points be assigned 4) gifi i jeet. 1,. .,4° ze`ge-Pfesen,atien Over-lay (�P)ZoneDkstr-iet. Fe�reJcccs-rl� the LP Distfiet that do net have a Wging° , no paints shall be assigned-. Paints f Small Lodging Units.its Fi fte eints shall f be cad ef fcca n -W b'P e� J c with !edge units that avefage fetif hundfed (400) s"afe feet of:less. FE)f ledging pfejeets that pfevide ledging"ts-aver-aging greatef than ieuf hundfed-(400) squafe feet, He points shall be assigned. .Fynr-r-if6eets that qualify f. f«1..et eate,.e fie., o f points ( 1edg pfejeet in the T D Di 4 4 Y J ��� �' VVLll VULI.�Vll{.�J� with !edge units aver-aging f 1, ..,.°a [400j sluuly f 4 less), thi ft i30 points shall be assigned. D. Community •eetiveSeer-ing Criterion T#l;'-Community Com }'er-eial. This'TC eefien is .viva.vu avi u1ULU1V VV111iiilAllll,' VL)J VVLl-V�i. cn,.,l No. 14, 2007 14 , , § 26.470.150. Appeals. A. Appeals of ebjeeti r 4 aggfieved by the objeeti gned to its pfejeet by the Community Development Dir-eetaf may appeal th Chaptef: 26.346, Appeals—The P and Zoning Commission fflay upheld-tles�� ♦v1L1 . the svvii:b LV the VVlllull Development dixeetio seer-es e may-eheese to feseerethe pfejeet. The Dl 1 Zoning Upon appeal of any pr-qjeet's seefing, the Gowmunity Development Dir-eetar- shall not pfeeess any applieation fef gfewth management allotment within the same development eategar-y until the appeal eeneluded and the fi l ,1 is established. 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. 4B. 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—2nd 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—2nd Reading Growth Management Competition Code Amendment;Exhibit B Page 19 of 19 MEMORANDUM TO: Mayor and City Council FROM: Jessica Garrow, Long Range Planner' "'< THRU: Chris Bendon, Community Development Director 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 15th 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 1St 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 Pagel of 3 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 151" and August 15`x. 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. , 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 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. _ (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 Obiective The objective of the proposed code amendments is to eliminate the February 15th and August 15th 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 Pagel of 5 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 Type Annual Allotment Residential Free-Market 18 units Commercial 33,300 net leasable square feet Residential Affordable No annual limit Housing 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 , 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 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 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 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 Finding-s: 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 I 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. Minor-Planning and Zoning Commission applications. See. 26.470.080. Majef Planning and Zenifig Commission appheations. Sec. 26.470.090. City Council applications. Sec. 26.470.100. Calculations. Sec. 26.470.110. Growth management review procedures. See. 26.470.120. Community objeefive seefing . 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— 1St 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 No annual limit Housing 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 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. E. Available allotments in h of Vvvo (M) annual app li ftflo The Grewtb Management Quota System permits the sttbfaissien of gfewth fRaflagem aJJO*4,Aefl+ subfflission deadlines fof the two (2) sessions shall be as defined in Se en 2;46.41700.11 1-0. For the first session of the f granted,Allotments that afe not gyanted but then vaeated or- not r-eqtiested in the first session of seeend session ef the year- shall only be available in the fu4ufe as deteffnined by the City Gott (see aeeounting pfeeedur-e). Alletments shall be eansider-ed not granted UPOR denial Of the 1.27.2014— 1St 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— ls`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— 1 s`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— 1"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— 15S 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 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— 1 s'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 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. 26.470.080. Major- Pianning and Zoning Co )plientions. the Planning and Zoning Commis it to Seetion > , above— d the a few-eaeh type-eidwvel9pfneat desefibea-belew. Exeept as noted, A gfewth 1.27.2014— 1"Reading Growth Management Competition Code Amendment;Exhibit B Page 9 of 19 management ns shall zemply with a genefal fequir-ements of Seetienz'26. ''�50 above. Exeept as noted, all Planning and Zoning Genifnission gfewth management appfevals shall be dedueted ffem the fespeetive annual development allotments and development eeiling lbs. 176. 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 o Miti ation 600 square feet or 30% 60% greater 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— 1St 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 st 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 administrative review applieations, minor- P&Z review 1. Application submission dates. An application for growth management allocation tit qualifies for- administfative review, minef Planning and Zening Gemmi i .- � 0 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. N ieer-Planning and Zoning Commission applications. Growth management applications for miner-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 1.27.2014— 1St 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. Q Appliention review proeedures major- Planning and Zoning C - Community Development Difeetef en ane (1) of the two (2) appheation submittal dfttes-, r When the applieatien stibmittal cat , Sunday or- legal holiday, the next business day shall be the appheafien s:ubmittal de Applieations fef majef Planning and Zoning G . . growth management fevi shall be stibmitted te the Gemfntinity Development Difeetef on the submittal dates hs above. The Community Development Difeetor- shall r-eview the appliea4iens tised to establish the r-eview order- and sequenee to whieh appheations may be granted growth management alloeations. seering elassiifieations,-as defined in Seetien-26.4 0.120, shall a denied by t-1ic Community Development Difeetef. The pfejeet with the highest eemmiiffity objeetives seer-e shall be r-eviewed fifst aiid shall be the fifst pr-ejeet eligible fef growth management alleeations. The seeend high . — I Jeet shall be reviewed seeend and shall be the seeand pfejeet eligible gr-O " — :nent alleeafiens, and so fefth. Appheations shall maintain this assigned be modified but only in a fnanffief that does not fedidee the pfejeet's total eammunit-Y objeetives seefe. if pr-ejeets obtain identieal seefes, the pfejeet with the highest seefe for- Gr-iter-ien#1 s be eansidefed to have the highef seer-e. if pr-ejeets with identieal seefes also ha 1.27.2014— 1st Reading Growth Management Competition Code Amendment;Exhibit B Page 13 of 19 shall fi3fwafd a feeemmendation to the Planning and Zoning Commission, based e > that the appheation be appfeved-, The Planning and Zoning Commission shall feview the appheatien and eo-nditions of disappfeve the appliea4ien. Notiee of the hearing shall be . 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. RR 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. F. 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— 1"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. reefing* --itefin n ,..1;,.able to t1, � f development nt outlined c ti 26.470.120 b YN v �uv type ° .....0 u brief explanation ..uyYvi 4iiig the ivevuuuemvcti JvviT,. (Ord. No. 14, 2007, §1; Ord. No. 36, 2013, §5) er-itefia have been established in -A_rA—_. t�_ 4ei_ffle the City's expeetation fef new develepment and to .....ui d Yivjvva.s that uviaiv vv identified eemmunity goals. elassifieations, as the tefm is deffiied in Seetien 26.470.120, shall be denied by the Community Develepment Dir-eetef. The following point system shall be used to assign a eefflfi+ullity Difeeter- shall assign a seer-e to eaeh pfejeet for- this objeefive based en the fellowing poin s 1 D° nts fee the number-of o .,1„ .ees�9�Ga One (1� point t all b a f 1, _ _ \ 1 Yv«c-i�s�rgrxccr-cvr-cuctrvnc pefeent 0 units en site or- off site. Depending upon the t Te of develepment, housed of squafe footage of housing to be pfovided, and the seefe shall be a fefleetien ef t 1.27.2014— 1"Reading Growth Management Competition Code Amendment;Exhibit B Page 15 of 19 exeeeds eaeh requirement shall be nte'e'ase shall eash in lieu be used te obtain points for-this efitefien. 2. Points lvl the J1Lii One (T)--point sIiCT1 C Tp assigned� icTrCa� Square feet"'o- '-z'"'-'-'_".s of ....e __sr�-..,� .t.�... ��vulll) llvu.�ulg l luul Guidelines. 111 rle E`^ el,.,ll eassl, in. 1:e be used to obtain points for this t ✓ id11. 1{{Y threshold e emen . PfopesalS with less than the rninimtffn required a&fdable heusing feq ', required pth-suant te this Chapter aeeefding to-die I I denied b y the Community Development Difeete�n° m �� be -a eembinatien of on site I I as sueh raetheds are permitted Required P r ref 0 of emp}eyees-le ad 'tan erlleyees to be hettsed-by urtits e eea.,,e #4 be housed b develepment wit develepment aetuaTu2ICJ Projee 4-2 4-5 8 2-5 pfepeses A c6 L A-44We re empleyees tb,, the 17 equifeci. 3,11z=25°; of 25 Projee 4-2 4-2 -2,0 2-0 This pfojeet proposes $ to,.e„se the but with tin t., that e 200i larger tha re"ifeci &,o larger f'-ln uscvxz-vrcv gr-ej1 8 �. 4$ 65 This r eet« e G to b,e...,e n raef empleyees than the 9 feqifed. And units afeuse w 150 7; than fegttifed. 4,18= ef-65 grejee 5 6 38 58 This p eet., D to house , mef employee than the 5 feed- the units Ul V also 300i large T than required. 115 - i0' +30u see rc 1.27.2014— 1St Reading Growth Management Competition Code Amendment;Exhibit B Page 16 of 19 Weposed fitiffibef Pefeei4age-by Sear-e€e Cemments der'e€ of empleyees to wt.:,.h pr-epes va Gfitef. be used by develepmefAi wit frAnifftuffl e�50 B-Co.r..r.unity ObjeetiveSeer-ing Criterion #2 —Energy Censer-vatio . The eeffiffluflity desifes development that fninifnizes its impaet en the na4ufal envir-enment and to maintain-a for- this objeetive based en the following point sehedtile and the fnest feeent ver-sion of t Leadefship in Enefgy and Envir-enmental Design (LEED) sta-ndafds of the US Green Build C-etifte Pr- LEED Bronze level = 4-0 Points LEED Silvef level = 2-0 peifits r EED Gold e'b`Ct = -30 prejeets points T EED Platintim level = $50 City's in order- for- pfopesals to obtain points for- this er-itefien, an appheant must demenstfate efedible it shall not be eensidefed suffieient te merely state a eeftifieatien level witheet evidene in no event shall a pfejeet be felieved ef the adopted enefg), effieiefi Ints of the City that are applieable to all development pr-ejeets. C. Community Objeetive Seor-ing Criterion #3 Small Lodges. The Reftifbishment, expansion and fedevelepmeiit of small led- I I I �,s with small units afe- fellewing points afe available to pr-ejeets in the Ledge Pfesenution Oveflay (LP) Zone Dist and pfojeets-wi !edge units-that aver age-feuf hundfed--(400) squafe feet of T Community Development Dir-eeter- shall assign a seefe to eaeh Wging pfojeet fef this obje 1.27.2014— 0 Reading Growth Management Competition Code Amendment;Exhibit B Page 17 of 19 I Points t Lodge P fesen,a ion Pfejeets. Fifteen (1 c) points shall be assigned to !edging pfojeets leea4ed in the Lodge Pfeservation Over-lay (LP) Zone Distfiet. FOf pfejee the LP rl' t t that .7 t ha-,. ° ., 1.,.7..:. °.-.t no peints shall be assigned. 2 Points fef Small Lodging Units. Fifteen (1 5) p nts shall be assigned f«l,,.a,.ing « 'eets VuSiLi�1„iL:��v..a.., with!edge iinits that avefage fouf htmdr-ed (400) sqtiar-e feet ef less. Fof Wging pfej that pfovid lodging tinits aver-aging gr-eatef than f„« > undr-e (nnm) s%uafe feet, no points shall be assigned. For-pfejeets that qtiali6, for-both ea4egofies ef points (a Wging pf0jeet in the LP Distfiet with !edge tinits avefaging fetif htindfed [400] squafe feet of less), thifty (30) peifits s be assigned. D. Community Objeetive Seoring Criterion #4 Community C.,...mer-e...1 This Seetio , 26.470.150. Appeals. objeetives ed to its pfojeet by the Community t Difeetor-may appeal the deeision t-- the and Zening Commis it to the pr-oeedtifes and staiidafds of. �7 rhaptef 26.316, Appeals. The Planning and o ! ,.1...1.7 iii- remand the s8orrng t6 the Gemmunity Development Di fe.te for- with Vr Without dir-eetien on paftiettlaf seefes may pr-ojeet. The Planning Zoning Commission deeision shall be the finM adfninistfa4ive aetion on the mat Upen appeal of any t any appheation fer- growth manageffient allotment within the same development eategor-y ti the appeal is eeneluded and the final review r-de °Jt U bll JL1,1-a DA. 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. CB. 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— ls`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) 1.27.2014— 15S 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 deadline. Bendon suggested directing staff to bring a code amendment to Council. Council agreed on addressing a code amendment. Councilman Frisch moved to continue Ordinance#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 Bb 3 2 . 24(,4— Permits T77 1 file Edit Record Navigate Form Reports Format Tab Help I — — v �� = r 4 3 1 , a Al Jump 1 _y �d Main Custom Fields Pouting Status Fee Summary Actio ns; Routing History 1 Permit type aslu ;Aspen Land Use �� Permit= (1632.2a11ASLU I 130 GLAENA ST A ,Sine i Address �— pG'- � i State Co zip 01611 City ASPEN ^� L ' �) J Permit Information X 7 Master perms Pouting queue ;aslu3? Applied "3?:261 z Project Status pending —� ApprTved 0 Description GRG= Fi f;1AFJAGA�ENTAI ENCP�IEIdT Issued Closed/Final CITY OF ASPEN Clock Running i Days 3 Expires 02%201 Submitted. { Owner Last name CITY HALL First name�— 3U1 CASTLE CRK y' ASPEN CO©1611 Phone i Address Applicant []Owner is applicant? E]Contractor is applicant? I Last name C((y HALL �� First name 361 CASTLE CPK ASPEN CCi 31611 Phone } - cust= 12'27 Kddrss Lender r Last name First name Phone (r}-u Address .. i l i' i ..�...:w..�. ._ _... _.. _._.. _ ... AspenGold5{suer angelas Miot 1