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Home My WebLink Aboutcoa.lu.ca.code amendment.2014 growth mgt rollover.0005.2015.aslu THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0005.2015.ASLU PARCEL ID NUMBERS CODE AMENDMENT PROJECTS ADDRESS 130 S GALENA PLANNER JESSICA GARROW CASE DESCRIPTION CODE AMENDMENT 2014 GROWTH MANAGEMENT ROLLOVER REPRESENTATIVE CITY HALL DATE OF FINAL ACTION 1.12.15 CLOSED BY ANGELA SCOREY ON: 3.6.15 MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Jessica Garrow, Long Range Planner Hillary Seminick, Planner Technician THRU: Chris Bendon, Community Development Director RE: Growth Management Allotment Carry-Forward Review–Public Hearing Resolution No. 2, Series of 2015 f i DATE: January 12, 2015 SUMMARY: The purpose of this public hearing is a review of the "unused" growth allotments from 2014 and a decision on the amount to "carry-forward" to the 2014 growth management year. Each year, a certain amount of growth is allotted for development projects. The available allotment is a combination of the standard annual allotment and the carry- forward allotment. f i Available development annual Carry'-forward allotments allotment + allotmenearom prior The City's Land Use Code specifies the annual allotments in various land use categories as follows: Develo ment Type Annual Allotment Residential—Free-Market 18 units 11 Commercial 33,300 net leasable s uare feet Residential—Affordable Housing No annual limit; Lodging 112 pillows Essential public facility No annual limit) Growth allotments granted in 2014 are summarized in Exhibit A. The 2014 growth allotments include a rollover of 112 lodging pillow allotments from 2013. Six (6) free- market residential allotment, 1,605 square feet of commercial net leasable space, and two hundred and twenty four (224) lodging pillows were applied for in 2014 and will be granted, pending project approvals. According to the Land Use Code, "the City Council shall determine the amount of unused and unclaimed allotments, for each type of development, and may assign the unused allotment to become) part of the available development allotment for future projects. There is no limit, otherithan that implemented by the City Council, on the amount of potential growth that may be carried forward to the next year." 1 1 This year, City Council may carry-forward up to 12 free-market residential allotments and 31,695 square feet of commercial space which went unclaimed in 2014. There are no lodging pillows from 2014 available to carry-forward to 2015. The Land Use Code provides criteria for this carry-forward review. The City Council may carry forward any portion of the previous year's unused allotment, including all or none. "The City Council shall consider the following criteria in determining the allotments to be carried forward: 1. The community's growth rate over the preceding five-year period. 2. The ability of the community to absorb the growth that could result from a proposed development utilizing accumulated allotments, including issues of scale, infrastructure capacity, construction impacts and community character. 3. The expected impact from approved developments that have obtained allotments, but that have not yet been built. Considering these criteria, staff recommends that none of the potential growth be carried forward. A more detailed analysis of these review criteria can be found in Exhibit B. RECOMMENDATION: Staff recommends City Council approve Resolution No. 2, Series of 2015, carrying- forward none of the unused 2014 growth management allotments. CITY MANAGER COMMENTS: RECOMMENDED MOTION: "I move to approve Resolution No. 2, Series of 2015." ATTACHMENTS: Proposed Resolution No. 2, Series 2015 Exhibit A — Summary of 2014 growth management allotments Exhibit B—Carry Forward Review Criteria 2 RESOLUTION NO.2 (SERIES OF 2015) f A RESOLUTION OF THE ASPEN CI'T'Y COUNCIL ESTABLISHING THE "CARRY-FORWARD" GROWTH MANAGEMENT ALLOTMENT FROM 2014 TO 2015. WHEREAS, pursuant to City of Aspen Land Use Code Sections 26.470.030.D and 26.470.040F, the City Council shall review, during a public hearing, the ,prior year's growth summary, consider a recommendation from the Community Development Director, consider comments from the general public and shall, via adoption of a resolution, establish the number of unused and unclaimed allotments to be carried forward and added to the annual allotment; and, WHEREAS, pursuant to said sections and considering the following criteria, the Community Development Director has provided a recommendation to carry-forward none of the unused growth management allotments from 2014: 1. The community's growth rate over the preceding five-year period. . 2. The ability of the community to absorb the growth that could result from a proposed development utilizing accumulated allotments, including issues of scale, infrastructure capacity, construction impacts and community character. 3. The expected impact from approved developments that have obtained allotments, but that have not yet been built., WHEREAS, during a'duly noticed public hearing on January 12, 2015 the City Council considered the recommendation by the Community. Development Director, comments from the general public at a public hearing, and the above criteria and approved Resolution No. 2, Series of 2015, by a five to zero (5—0)vote; and, WHEREAS, the City Council finds that the decision to carry forward none of the unused growth allotments from 2014 meets or exceeds all applicable standards and is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council carries forward none of the unused growth management allotments from 2014 to be available in 2015. RESOLVED,APPROVED,AND ADOPTED FINALLY this 12th day of January, 2015. Approved as to form: Approved as to content: ames R. True, City Attorney Steven adron,Mayor Attest: y A Linda Manning, City Clerk l City of Aspen Growth Management Quota System - Annual Allotments 2014 Free-Market Residential Commercial(square Lodge Jan.zoic tnru Dec.zoic Allotments feet net leasable) (pillows) Annual Allotment'' 18 33,300 112 Carry-Forward from 0 0 112 previous year Total Available for Year 18 33,300 224 • Hotel Aspen 3 0 18 Sky Hotel 0 0 54 Molly Gibson 2 0 30 Hotel Jerome 0 0 30 Aspen Club 0 0 4 Base 1 0 0 80 Base 2 0 1,605 8 100 E Main St 1 0 0 Remaining Allotments 12 31,695 0 Source: City of Aspen Community Development Department Exhibit B: Growth Management Carry-Forward Review 26.470.030.F,Accounting Procedure: "The City Council shall consider the following criteria in determining the allotments to be carried forward:" 1. The community's growth rate over the preceding five-year period. Staff Response: The growth rate has been fairly consistent over the past few years, and has almost always not used all the available allotments. City Council has not chosen to roll over the leftover allotments in the past few years. A shift in development patterns has occurred in 2014 and there was a significant increase in lodging pillow allotments. All of the 112 lodging pillow allotments from 2013 and the 2014 lodging allotments were used. This is aligned with the City's goal to increase the lodging base. One-third of the available free market allotments were used and 12 free-market residential allotments are available to roll forward. Very few commercial allotments were used, leaving 31,695 square feet of commercial space to roll forward. 2. The ability of the community to absorb the growth that could result from a proposed development utilizing accumulated allotments, including issues of scale, infrastructure capacity, construction impacts and community character. Staff Response: This is a review criterion in growth management when a development proposal is brought forward. Based on current data, staff believes there is enough physical infrastructure to accommodate new development. 3. The expected impact from approved developments that have obtained allotments, but that have not yet been built. Staff Response: There are several pending projects that have requested growth management approvals, but do not yet have final approval from P&Z and/or City Council. These projects include the Sky Hotel, Hotel Jerome, Aspen Club, Base I and Base II. These pending projects comprise a total of 208 lodging pillows and 1,605sf of commercial allotments. There are projects that have not completed construction, but are moving towards completion or building permits, including the Hotel Aspen and the Molly Gibson. Based on the number of applications received for commercial design review in 2014, Staff expects some growth management applications in 2015 for lodge and commercial development. At this time, Staff does not recommend rolling over any unused allotments. v`�l Gam- AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304,060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: AN'� OV-% lj✓affn , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 2 Q 5.00 201,E STATE OF COLORADO ) ss. County of Pitkin ) 1, sGplr (name, please print) being or representing an Applicant to the ity of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15), days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing on the day of , 20_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing _.of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the;Aspen Land:Use Code. At least fifteen (15) days prior to the public hearing, notice was hand 'delivered or mailed by first class postage U.S. mail to all owners of property within three hundred (300) feet of the- property: 'subject to the development application. The names and addresses of property,o,wners shall be those on the current tax records of Pitkin County as they eared...nu.,.-more-than sixty(60) days prior to the date of the public hearing. A c t sa r copy�of t4ie'ow71eis 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 su7777na7y, including the method of public notificatio77 and a copy of any doCu772e71tatio72 that was prese7lted to the public is attached hereto. (continued 072 next page) M17ieral Estate Owner Notice. By the certified mailing of notice, return receipt . requested,,to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on,the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made` by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning snap shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. — c � Signature The foregoing "Affidavit of Notice"was acknowledged before me this 2'1 day of_Dee.__ Y 20l�,by e • PUBLIC NOTICE .RE:CARRY-FORWARD OF 2014 GROWTH ; MANAGEMENT ALLOTMENTS NOTICE IS HEREBY GIVEN that a public hearing WITNESS MY HAND AND OFFICIAL SEAL will be.held on Monday,January 12,2015,at a meeting to begin at 5:00 p.m,before the Aspen City Council,Council Chambers,City Hall,130 S. ' / Galena St.,Aspen,to consider if any Growth Man- My commission expires. (. agement Allotments from 2014 shall be carried LP forward and added to the 2015 Annual Allotment. For further information,contact Jessica Garrow at the.City of Aspen Community Development De- partment,130 S.Galena St.,Aspen,CO,(970) 429.2780,jessica.garrow®cityofaspen.com. s/Steven'Skadron Mayor Notary Public ublic Aspen,Crty,Council - .. CGMipu�Mfn Published inthe Aspen Times onDecember 25 K/AREtq REED PATTERSON 2014(10870372) J - NOTARY PUBLIC STATE OF COLORADO ATTACHMENTS AS APPLICABLE, NQ I ARY ID#19964002767 _ k"?y"Gmmissior,Expires February 15,2016 • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWIVERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 00o s•2o�s•�S�-�I ;y f � Y JF�le 1 fitRacor� Nav�gate� FormRepor � Format Tab HelpIMP er My 215 1 I r Yl 21u 5 p » ur s, r Main Custom fields Routing Status Fee Summary Acttans Routing Ftrstory t .. .. � Mz TaPermd aslu 'Aspen Land Use Permd J�OOOti.2015.ASLU C W % a r J' ITY HALL Address � ,App urteC �� k—I5tdte#CO Zip 81611 ) 41 Permit lntofmation X sp Mastex permft Routing queae oslul� 1�Ppiied 0112201a r fi PL`�- J�- gz jpending Approued� � a r Iti m m 6escriphon 201 GRO�,TH h,1A<JAGEI�1EfJT ROLl0'4rER CODE AI�9EIJDf IEfJT IJO FEES Laud[ Cloa( � sed;FinFlFr , r x � a /* JESSICA G,ARROvp' Rumm� 01 U712016 � Suhmrtted Clog g 0Da} d Ewes Last name CITY HALL First name 801 CASTLE CRK m E ASPEW CO 81611 FlIP rl� phone � ) Address4 g g � / s � m ; 4A J Ov�ner is applicants Q Contractor i�app scant. a . _ Last name CffY HALL Frst name �SPE Phone Cust 112727 kridrsss Lender, .. .. . . 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