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HomeMy WebLinkAboutresolution.council.038-15 i! Resolution No. 38 (Series of 2015) A RESOLUTION OF THE ASPEN CITY COUNCIL CLARIFYING REQUIREMENTS IN THE CITY'S TRANSPORTATION IMPACT ANALYSIS (TIA) GUIDELINES. WHEREAS, the City of Aspen adopted Transportation Impact Analysis (TIA) Guidelines as Chapter 26.630 of the Land Use Code on April 7, 2014; and WHEREAS, pursuant to Section 26.630, amendments to the TIA Guidelines require review and approval by City Council Resolution; and, WHEREAS, the Community Development Department conducted Public Outreach with city staff who administer the TIA Guidelines, as well as private planners and engineers who represent projects required to comply with the TIA Guidelines and both groups identified certain clarifications to the Guidelines; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments pursuant to City of Aspen Land Use Code Section 26.630; and, WHEREAS, the Aspen City Council has reviewed and supports the proposed clarification; and, WHEREAS,the Aspen City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: TIA Clarification Obiective The objective of the proposed change to the Transportation Impact Analysis (TIA) Guidelines is to clarify that projects that do not involve development of new lodge or residential units or new commercial or essential public facility square footage are exempt from the TIA Guidelines as they do not result in an increase of vehicle trips. Section 2: The following sections of the TIA Guidelines (pages 8-9) are hereby amended as follows: Level of Study and Mitigation Table 1 shall be used to determine the level of transportation impact study and mitigation required for the proposed development. These thresholds are based on the City's Growth Management Quota System (GMQS), and may be amended administratively over time to reflect applicable changes to GMQS. For the purposes of this document, development is divided into three categories: Exempt Development, Minor, Development, and Major Development. • Exempt Development: All development currently exempt under Growth Management would be exempt from any new transportation mitigation system. This includes adding 500 sq ft or less of Transportation Impact Analysis Guidelines Clarification Resolution 38, Series 2015 _ Page i of 4 commercial space, adding a single residential unit, or adding 2 lodge units to a project. Projects that do not involve development, for instance a lot split or lot merger, are exempt. Projects that maintain or decrease the number or amount of development of units or square footage in a use category are exempt. If a project falls under this category it is exempt from TIA requirements and TDM and MMLOS mitigation. The project may proceed directly to land use review or building permit as applicable. • Minor Development All development exceeding the exempt thresholds above, and located inside the roundabout, regardless of size, is considered minor development. In addition, any development outside the roundabout (along Highway 82, or up Castle or Maroon Creek Roads), is considered minor development if it meets the following thresholds under"Minor Development— Outside the Roundabout" in Table 1. All minor developments are required to perform a Level One TIA which includes mitigation using Aspen specific TDM and MMLOS mitigation tools. • Maior Development refers to any significant development located outside the Roundabout (i.e. along the Castle Creek, Maroon Creek, and Highway 82 corridors), and is required to perform a Level Two TIA which includes Capacity Analysis and a Site Plan Review. .Additionally the development will mitigate using Aspen specific TDM and MMLOS mitigation tools in addition to mitigating its significant impacts. If a project falls within multiple development categories, it will be subject to the highest requirement. For instance, if a project located along Castle Creek Road proposed 100 lodge rooms, 8,000 sq ft of net leasable space, and 10 residential units, the development would be required to meet the major development requirements because the lodge and commercial components trigger that threshold. If a project inside the roundabout decreased the amount of net leasable space by 500 sq ft, but increased the number of lodging units by 10, the project is considered a minor development. Similarly, if a project located inside the roundabout proposed 200 sq ft of new net leasable space, 2 new free market residential units, and 3 new affordable housing units, the entire project would be reviewed under the minor development requirements because the 5 new residential units trigger that threshold. Transportation Impact Analysis Guidelines Clarification Resolution 38, Series 2015 Page 2 of 4 TABLE 1: STUDY LEVELS Study Level Criteria 1) Projects that do not add any new lodge or residential units or new commercial or essential public facility square footage. 2) All development involving Single-Family or Duplex residential dwelling units 3) All development involving the remodel or expansion of existing free-market or affordable residential units that does not increase the total number of free-market or affordable residential units 4) All development outlined as"exempt" in Growth Management(26.470.040) a) Remodeling or expansion of multi-family residential development as long as no demolition occurs and no new units are added b) Remodeling or replacement of existing commercial and lodging development when no new units or net leasable is added and there is no change in use 5) All development qualifying for an"administrative" review in Growth Management(26.470.060) a) Change in use of historic landmark sites and structures involving no Exempt Development more than 1 free-market residential unit b) Minor enlargement of historic landmark sites and structures involving i) no more than 1 free-market residential unit and ii) expanding floor area or net leasable/lodge units but not both, OR expanding both floor area and net leasable/lodge units generating 4 or fewer FTEs c) Minor expansion of a retail,office, lodge, or mixed-use development involving no more than 500 square feet of commercial net leasable space OR 2 lodge units d) Development involving no more than 500 square feet of essential public facility space e) Alley commercial space that is accessed entirely off an alley and has no internal connections to other spaces in the building f) Temporary food vending g) Sale of locally-made products in common areas of commercial buildings (26.470.060.7) Minor Development—Inside 1) Any development locatedyeast of the City,of Aspen Roundabout and larger tFie Roundabout' than that outlined in Exempt Development (Level One.TIA) . 1) Located outside of the City of Aspen Roundabout , and meeting one of the following: a) Change in use of non-historic sites and structures involving i) Less than 11 new free-market or affordable residential unit, or ii) 3-24 lodge units, or iii) 501- 1,799 square feet of commercial net leasable space b) Enlargement of a historic site or structure involving no more than 1 new Minor Development— free-market residential or affordable unit and generating between 4 and Outside of Roundabout 8 FTEs (Level One TIA) c) Expansion or new commercial space between 501 and 2,499 square feet d) Development adding 3-24 new lodge units e) Development of non-historic sites and structures adding 1 free-market or affordable housing unit f) Development adding between 501 and 2,199 square feet of new essential public facility space Transportation Impact Analysis Guidelines Clarification Resolution 38, Series 2015 Page 3 of 4 Study Level Criteria �) Located outside of the City of Aspen Roundaboutand meeting'one of the following:, a).• Development adding more than 2,500 square feet of commercial net Majo,e Development- leasable space Outside of Roundabout with b) Development adding 25 or more lodge units Significant Development c) Development'adding 11 or more residential units (free-'market, (Level Two TIA) affordable, or combination) d) Development adding 2;200 or more square feet:of new essential public facility space Section 3: Effect Upon Existing Litigation. This resolution 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 resolution repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions. Section 4: Severability. If any section, subsection, sentence, clause, phrase, or portion of this resolution 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. FINALLY, adopted,passed and approved this the 13th day of April,2015. Attgst: AAft " U L. mda Manning, City C erk Steffi Ska ron Mayor Approved as to form: �1 Attorney Transportation Impact Analysis Guidelines Clarification Resolution 38, Series 2015 Page 4 of 4