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HomeMy WebLinkAboutcoa.lu.ca.Growth Managmnt.A033-02I � Growth Management commission Code Amendment C UA 7� 0 CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY A033-02 Growth Management Commission Code Amendment James Lindt Code Amendment City of Aspen Community Development Department 7/8/02 Ord. 17-2002 Approved 7/10/02 J. Lindt PARCEL ID: DATE RCVD: 4/9/02 CASE NAME: Growth Management Commission Code Amendment PROD ADDR: r SASE TYP: OWN/APP City of Aspen Comm DR REP ADR: FEES DUE: None FEES RCV D: CASE NO A033-02 R: James Lindt ISTEPS:r s G 0 Vitt City and or TO: Ma MEMORANDUM Council y tyCo THRU: Julie Ann Woods, Community Development Director Joyce Ohlson Deputy Director J Y � P tY FROM: James Lindt, Planner ,_ RE: Growth Management Commission Code Amendments — 2"" Reading of Ordinance No. 17, Series of 2002- Public Hearing DATE: July 8, 2002 SUMMARY: The Community Development Department is proposing amendments to the Appeals and Growth Management Quota System sections of the land use code. Please see Exhibit B for the specific amendments and deletions being proposed. The code amendments remove the Pitkin County Planning and Zoning Commission from the review of Growth Management Quota System exemption applications within the city limits of Aspen. Currently, the Land Use Code requires that the Growth Management Commission (consisting of both the City and County Planning and Zoning Commissions) review most types of GMQS exemption applications within the City of Aspen. BACKGROUND: The City of Aspen Community Development Department is requesting code amendments to give the review authority to the appropriate entity for GMQS exemption applications within the City of Aspen's boundaries. In addition, Staff believes that converting the Growth Management Commission's authority to only the City Planning and Zoning Commission on such matters will allow for greater efficiency in the GMQS exemption review process without sacrificing the level of review. Currently, it is difficult to schedule joint Growth Management Commission meetings because both the City and the County Planning and Zoning Commissions must have free agenda space at the same time. In giving the City Planning and Zoning Commission the authority to review GMQS exemption applications, the time that applicants spend while waiting to get on an agenda will be considerably shortened. Staff believes that the proposed code amendments will not sacrifice the importance or integrity of the GMQS exemption review. The City Planning and Zoning Commission will be reviewing proposed applications by the same review criteria in which the Growth Management Commission currently reviews such applications. Both the City and County Planning Staff feel that it is unnecessary to continue to require the County to review GMQS exemption applications within the city limits of the City of Aspen. Pitkin County removed the joint review from their land use code several years ago. 1 • 0 Staff will evaluate the larger question of whether the County Planning and Zoning Commission should be involved in reviewing GMQS scoring applications within the city limits of Aspen when Staff undergoes a complete revision of the Growth Management Quota System later this year. RECOMMENDATION: Staff is recommending that City Council approve the proposed ordinance approving the code amendments to allow the City Planning and Zoning Commission to assume the Growth Management Commission's review authority on GMQS exemption applications within the City of Aspen that are currently under the review purview of the Growth Management Commission. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission recommends that City Council approve the proposed ordinance approving the code amendments to allow the City Planning and Zoning Commission to assume the Growth Management Commission's review authority on GMQS exemption applications within the City of Aspen that are currently under the review purview of the Growth Management Commission. REVIEW PROCEDURE: • Text Amendment: City Council may approve, recommend alternative language, or deny the proposed code amendments after considering a recommendation by the Community Development Director and public comment. RECOMMENDED MOTION: "I move to approve Ordinance No. 17, Series of 2002, approving Land Use Code Amendments to Sections 26.226, Growth Management Commission, and 26.470 Growth Management Quota System to allow for the City of Aspen Planning and Zoning Commission to assume sole review authority on certain types of GMQS exemption applications within the City of Aspen that are currently under the review purview of the Growth Management Commission." CITY MANAGER'S COMMENTS: ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Proposed Language Exhibit C -- County Referral Comments Exhibit D -- Planning and Zoning Commission Resolution No.15, Series of 2002 2 • ORDINANCE NO. 17 (SERIES OF 2002) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING TEXT AMENDMENTS TO MUNICIPAL CODE SECTIONS 26.316, APPEALS, AND 26.470, GROWTH MANAGEMENT QUOTA SYSTEM, AMENDING THE REVIEW AUTHORITY OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION TO INCLUDE ALL GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTIONS THAT ARE CURRENTLY REVIEWED BY THE JOINT CITY OF ASPEN/PITKIN COUNTY GROWTH MANAGEMENT COMMISSION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department proposed an application for an amendment to Title 26, the City of Aspen Land Use Code; and, WHEREAS, pursuant to Sections 26.310.040, City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by Ordinance approve or deny an application for Amendment to the Land Use Code and Official Zone District Map, after recommendation by the Community Development Department and the Planning and Zoning Commission pursuant to Land Use Code Section 26.430.020; and, WHEREAS, the Community Development Department initiated and reviewed an application for proposed code amendments to change the review authority for all types of GMQS exemptions from a review by the Growth Management Commission to a review solely by the City of Aspen Planning and Zoning Commission pursuant to Land Use Code Section 26.310.040 and recommended approval; and, WHEREAS, during a duly noticed public hearing on May 21, 2002, the Planning and Zoning Commission approved Resolution No. 15, Series of 2002, by a six to zero (6- 0) vote, recommending that City Council approve code amendments to allow the Planning and Zoning Commission sole review authority on GMQS Exemption applications that are currently reviewed by the Growth Management Commission; and, WHEREAS, the Aspen City Council has reviewed and considered the proposed code amendments under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the code amendments meets or exceeds all applicable development standards and that the approval of the amendment, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Code Amendment application to amend the review authority on all types of GMQS Exemptions from the Growth Management Commission to the City of Aspen Planning and Zoning Commission, is approved as noted in the following sections: Section 2 That Section 26.316 of the Aspen Municipal Code shall be amended to read as follows: 26.316, Appeals, Purpose Statement The purpose of this Chapter is to establish the authority of the Board of Adjustment, Growth Management Commission, the Planning and Zoning Commission, and City Council to hear and decide certain appeals and to set forth the procedures for said appeals. Section 26.316.020(C), Planning and Zoning Commission Review Authority Planning and Zoning Commission. The Planning and Zoning Commission shall have the authority to hear and decide an appeal from an adverse determination by the Community Development Director on an application for exemption pursuant to the growth management quota system in accordance with Section 26.470.060(D). Section 3 That Section 26.470 of the Aspen Municipal Code shall be amended as it relates to GMQS Exemptions that were under the Growth Management Commission's Review Purview and shall read as follows: Section 26.470.070(D)(2)(b), Historic Landmark Exemptions: More than one residential dwelling or more than three (3) hotel, motel, lodge, bed and breakfast, boardinghouse, roominghouse or dormitory units shall be exempted. This exemption is not deducted from annual allotments or from Aspen Metro Area ceilings. Review is by Planning and Zoning Commission. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub -Section 5, below Section 26.470.070(D)(3)(b), Historic Landmark Exemptions Increase in FAR and net leasable square footage. The increase in FAR and net leasable square footage for a historic landmark to be used as a commercial, office, or mixed use development including a residential component shall be reviewed by the Planning and Zoning Commission for an exemption. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub -Section 5, below. Upon a recommendation from the Planning and Zoning Commission, City Council • 0 may waive, reduce, or defer the affordable housing mitigation as required, pursuant to subsection 5(a) below, when it finds that no employees will be generated. Section 26.470.070(D)(4), Enlargements for mixed -use development The enlargement of an historic landmark for mixed -use as a commercial, office or lodge development and that adds a residential dwelling unit, that increases the building's or parcel's existing floor area ratio and its net leasable square footage shall be exempt. This exemption is not deducted from annual allotments or from Aspen Metro Area ceilings. Review is by Planning and Zoning Commission. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub -Section 5, below. Section 26.470.070(D)(5)(c), Off -site impacts The development's water supply, sewage treatment, solid waste disposal, drainage control, transportation and fire protection impacts shall be mitigated to the satisfaction of the Planning and Zoning Commission. Section 26.470.070(E)(2), Expansion of commercial or office uses An expansion of an existing commercial or office building of two hundred fifty-one (251) to five hundred (500) net leasable square feet, excluding employee housing shall be reviewed by the Planning and Zoning Commission. Expansion of a building which occurs in phases shall be limited to a maximum cumulative total of five hundred (500) net leasable square feet and shall be evaluated in terms of the cumulative impact of the entire expansion. Section 26.470.070(F), Change in use A change in use of an existing structure between the residential, commercial/office and tourist accommodations categories (irrespective of direction) for which a Certificate of Occupancy has been issued for at least two (2) years and which that is intended to be reused, shall be exempt from the growth management competition and scoring procedures. This exemption is deducted from the respective annual development allotment established pursuant to Section 26.470.040 and from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by Planning and Zoning Commission. This exemption is available provided the following conditions are met: Section 26.470.080(B)(3) (c), Planning and Zoning Commission Review After the Community Development Director has determined that the application for exemption is complete, the application shall be forwarded to the Planning and Zoning Commission for review and consideration at a public hearing. Notice of the hearing shall be by publication, posting, and mailing (See Section 26.304.060(E)). The Planning and Zoning Commission shall by resolution approve, approve with conditions, or disapprove the application. In the event that there are insufficient allotments available to accommodate all applications for exempt development, a random drawing shall be held in accordance with the standards of Section 26.470.070(B)(4). Applications for lodge, affordable housing, or accessory commercial square footage development within the Lodge Preservation (LP) Overlay Zone District shall be forwarded to the Planning and Zoning Commission for review and consideration at a public hearing after the Community Development Director has determined that the application for exemption is complete and has made a recommendation for approval, approval with conditions, or disapproval. Notice of the hearing shall be by publication, posting, and mailing (See Section 26.304.060(E)). The Planning and Zoning Commission shall by resolution approve, approve with conditions, or disapprove the application. In the event that there are insufficient allotments available to accommodate all applications for exempt development, a random drawing shall be held in accordance with the standards of Section 26.470.080(B)(4). Section 26.470.080(B)(3)(d), City Council Review An application for a lot split or conversion of residential reconstruction credits to tourist accommodation units shall not be reviewed by the Growth Management Commission, but instead shall be forwarded directly to the City Council for consideration. Other than an application for a lot split or conversion of residential reconstruction credits to tourist accommodation units, an application for review by City Council requires a two step process. Exemption requests for essential public facilities or for accessory uses in a mixed -use development shall require review by the Planning and Zoning Commission and final review by the City Council. Exemption requests for affordable housing or for free market residential AH associated developments shall require review by the Housing Board and final review by the City Council. When two steps are required, the following procedures must be adhered to: Step One - After the Community Development Director has determined that the application for exemption is complete, the application shall be forwarded to the Board/Commission specified above (in the preceding paragraph). Review by the Housing Authority shall be administered by the Executive Director of the Authority and shall be referred to the Executive Board as necessary. Review by the Planning and Zoning Commission requires a public hearing for which notice has been published, posted, and mailed (See Section 26.304.060(E)). The Commission shall by resolution recommend to the City Council approval, approval with conditions, or disapproval of the application. 26.470.080(D)(1) Appeal of adverse determination by Community Development Director. An appeal from an adverse determination by the Community Development Director on an application for exempt development 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. The decision of the Planning and Zoning Commission shall constitute the final administrative action on the matter. 26.470.110(A)(1) Amendment of development order. Any change required to be made to a development order to respond to conditions imposed upon the proposed development by the Growth Management Commission, Planning and Zoning Commission, or the City Council during the review of other development applications relevant to the proposed development; and Section 4: That Section 26.470.080(B)(3)(b) of the Aspen Municipal Code be repealed and by renumbering existing subsections C and D to B and C. Section 5: This Ordinance shall not effect 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 construed and concluded under such prior ordinances. Section 6: 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 7• A public hearing on the ordinance shall be held on the 8th day of July, 2002, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. 0 • INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 1 Oth day of June, 2002. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this 8th day of July, 2002. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney 0 0 REVIEW CRITERIA & STAFF FINDINGS EXHIBIT A AMENDMENT TO THE LAND USE CODE Section 26.310.040, Text Amendment Standards of Review In reviewing an amendment to the official zone district map, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: Staff does not believe the proposed code amendments are in conflict with any applicable portions of this title or the Municipal Code. Staff feels that the proposed code amendments will amend the review of GMQS exemption applications in a manner that will be more efficient for applicants without sacrificing the thoroughness of review. Staff finds this criterion to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: The proposed amendments continue to implement the goals of the AACP, especially as related to Growth Management. The amendments change who reviews GMQS exemptions, however, the standards for making the decision remain the same. Therefore, Staff believes that the proposed code amendments are consistent with all elements of the Aspen Area Community Plan. Staff finds this criterion to be met. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: These two criteria apply to rezoning applications and do not apply to this text amendment. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. 3 Staff Finding: This text amendment will not, in itself, introduce additional demands on public services. The proposed amendments will simply change the review authority on GMQS exemption land use applications that are currently required to be reviewed by the joint City/County Growth Management Commission to the City of Aspen Planning and Zoning Commission. Staff does not believe that the proposed code amendments yield excess growth and demand for public facilities because the review standards are not changing and the ability for the City Planning and Zoning Commission to require appropriate mitigation for applications that generate growth is not being diminished. Staff finds this criterion to be met. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding: Staff does not feel that the proposed code amendments will result in adverse impacts on the natural environment. Staff finds this criterion to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the. City of Aspen. Staff Finding: Staff believes that the proposed code amendments are consistent with community character of Aspen. The review standards for GMQS exemption applications are not being amended. Staff finds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: This criteria applies to rezoning applications and does not apply to this text amendment. L Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding: Staff feels that the proposed code amendments to allow the City Planning and Zoning Commission to review all of the GMQS exemption applications that the joint City of Aspen/Pitkin County Growth Management Commission currently review is not in conflict with the public interests. As stated throughout the memo, Staff believes that the change in review authority will be in the best interest of the public in that it will reduce the amount of time that it takes for an applicant to get on an agenda with a GMQS exemption application. Staff finds this criteria to be met. • Exhibit "B" Proposed Language. Text to be deleted is indicated in strike-thpoug tem and text to be added is indicated in bold and italicized print. 26.316.10 Appeals Purpose. The purpose of this Chapter is to establish the authority of the Board of Adjustment, Growth Management Commission, the Planning and Zoning Commission, and City Council to hear and decide certain appeals and to set forth the procedures for said appeals. Section 26.316.020(C) Appeals Planning and Zoning Commission. The Grawth Management ` e misses Planning and Zoning Commission shall have the authority to hear and decide an appeal from an adverse determination by the Community Development Director on an application for exemption pursuant to the growth management quota system in accordance with Section 26.470.060(D). 26.470.070(D)(2)(b) GMQS: Historic Landmark Exemptions (Enlargements for additional dwelling and tourist accommodations units). b. more than one residential dwelling or more than three (3) hotel, motel, lodge, bed and breakfast, boardinghouse, roominghouse or dormitory units shall be exempted. This exemption is not deducted from annual allotments or from Aspen Metro Area ceilings. Review is by gr-@; 4h Maaago. eat Ge m &sio planning and Zoning Commission. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub -Section 5, below 26.470.070(D)(3)(b) GMQS: Historic Landmark Exemptions (Enlargement for use as a commercial or office development). Increase in FAR and net leasable square footage. The increase in FAR and net leasable square footage for a historic landmark to be used as a commercial, office, or mixed use development including a residential component shall be reviewed by the Fresh Management C ^"ccioa Planning and Zoning Commission for an exemption. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub -Section 5, below. Upon a recommendation from the G-re-v th Commission Planning and Zoning Commission, City Council may waive, reduce, or defer the affordable housing mitigation as required, pursuant to subsection 5(a) below, when it finds that no employees will be generated. 26.470.070(D)(4). GMQS: Enlargements for mixed -use development. The enlargement of an historic landmark for mixed -use as a commercial, office or lodge development and that adds a residential dwelling unit, that increases the building's or parcel's existing floor area ratio and its net leasable square footage shall be exempt. This exemption is not deducted from annual allotments or from Aspen Metro Area ceilings. • Review is by Planning and Zoning Commission. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub -Section 5, below. 26.470.070(D)(5)(c) GMQS: Off site impacts. The development's water supply, sewage treatment, solid waste disposal, drainage control, transportation and fire protection impacts shall be mitigated to the satisfaction of the i:rA-1iA- A-/i-anog -ment Commicoien planning and Zoning Commission. 26.470.070(E)(2) GMQS: Expansion of commercial or office uses An expansion of an existing commercial or office building of two hundred fifty-one (251) to five hundred (500) net leasable square feet, excluding employee housing shall be reviewed by the r_re,.mh Management Cernm+oo.pn planning and Zoning Commission. Expansion of a building which occurs in phases shall be limited to a maximum cumulative total of five hundred (500) net leasable square feet and shall be evaluated in terms of the cumulative impact of the entire expansion. 26.470.070(F) GMQS: Change in use. A change in use of an existing structure between the residential, commercial/office and tourist accommodations categories (irrespective of direction) for which a Certificate of Occupancy has been issued for at least two (2) years and which that is intended to be reused, shall be exempt from the growth management competition and scoring procedures. This exemption is deducted from the respective annual development allotment established pursuant to Section 26.470.040 and from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by Planning and Zoning Commission. This exemption is available provided the following conditions are met: I MAT&Wd MWAIMM"MRM ._ IN . _ 26.470.080(B)(3)(c) GMQS: Planning and Zoning Commission Review. After the Community Development Director has determined that the application for exemption is complete, the application shall be forwarded to the Planning and Zoning Commission for review and consideration at a public hearing. Notice of the hearing shall be by publication, posting, and mailing (See Section 26.304.060(E)). The Planning and Zoning Commission shall by resolution approve, approve with conditions, or disapprove the application. In the event that there are insufficient allotments available to accommodate all applications for exempt development, a random drawing shall be held in accordance with the standards of Section 26.470.070(B)(4). Applications for lodge, affordable housing, or accessory commercial square footage development within the Lodge Preservation (LP) Overlay Zone District shall be forwarded to the Planning and Zoning Commission for review and consideration at a public hearing after the Community Development Director has determined that the application for exemption is complete and has made a recommendation for approval, approval with conditions, or disapproval. Notice of the hearing shall be by publication, posting, and mailing (See Section 26.304.060(E)). The Planning and Zoning Commission shall by resolution approve, approve with conditions, or disapprove the application. In the event that there are insufficient allotments available to accommodate all applications for exempt development, a random drawing shall be held in accordance with the standards of Section 26.470.080(B)(4). 26.470.080(B)(3)(d) GMQS: City Council Review. An application for a lot split or conversion of residential reconstruction credits to tourist accommodation units shall not be reviewed by the Growth Management Commission, but instead shall be forwarded directly to the City Council for consideration. Other than an application for a lot split or conversion of residential reconstruction credits to tourist accommodation units, an application for review by City Council requires a two step process. Exemption requests for essential public facilities or for accessory uses in a mixed -use development shall require review by the Planning and Zoning Commission and final review by the City Council. Exemption requests for affordable housing or for free market residential AH associated developments shall require review by the Housing Board and final review by the City Council. When two steps are required, the following procedures must be adhered to: 26.470.080(B)(3)(d) Step One - After the Community Development Director has determined that the application for exemption is complete, the application shall be forwarded to the Board/Commission specified above (in the preceding paragraph). Review by the Housing Authority shall be administered by the Executive Director of the Authority and shall be referred to the Executive Board as necessary. Review by the gr-e �rth �/ aaagumnnt Commission planning and Zoning Commission requires a public .�r�r.�caz�crzrca'rc-wxrxza-ri.,.,- Commission for which notice has been published, posted, and mailed (See Section 26.304.060(E)). The Commission shall by resolution recommend to the City Council approval, approval with conditions, or disapproval of the application. 26.470.080(D)(1) GMQS: Appeal of adverse determination by Community Development Director. An appeal from an adverse determination by the Community Development Director on an application for exempt development shall be to the mil} 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. The decision of the Planning and Zoning Commission shall constitute the final administrative action on the matter. • • 26.470.110(A)(1) GMQS: Amendment of development order. Any change required to be made to a development order to respond to conditions imposed upon the proposed development by the Growth Management Commission, Planning and Zoning Commission, or the City Council during the review of other development applications relevant to the proposed development; and 0 0 17-A 1 , k)j 11C // Lance Clarke, 09:02 PM 04/30/2002 -0600, GMC X-Sender: lancec@comdev X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.2 Date: Tue, 30 Apr 2002 21.02.22 -0600 To: Jamesl@ci.aspen.co.us From: Lance Clarke <lancec@ci.aspen.co.us> Subject: GMC The Pitkin P&Z have reviewed the proposed GMC Code amendments and have no objection. Printed for James Lindt <jamesl@ci.aspen.co.us> P163 RESOLUTION NO. 15 (SERIES OF 2002) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZON-ING COINEV11SSION RECOENRYIENDING THAT CITY COUNCIL APPROVE TEXT AMENDMENTS THAT AMEND MUNICIPAL CODE SECTIONS 26.316, APPEALS, AND 26.470, GROWTH MANAGENIENT QUOTA SYSTEM; AMENDING THE REVIEW AUTHORITY OF THE CITY OF ASPEN PLANNING AND ZONING COVLtiIISSION TO INCLUDE ALL GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION APPLICATIONS THAT ARE CURRENTLY REVIEWED BY THE JOINT CITY OF ASPEN/PITKLN COUNTY GROWTH MANAGEIVIENT COMMISSION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department proposed an application for an amendment to Title 26, the City of Aspen Land Use Code; and, . WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning Commission, in accordance with the procedures, standards, and limitations of this Chapter, shall by resolution recommend that City Council approve, approve with conditions, or deny a Code Amendment application for Amendment to the Land Use Code and Official Zone District Map, after recommendation by the Community Development Department pursuant to Section 26.430.020; and, WHEREAS, the Community Development Department initiated and reviewed an application for proposed code amendments to amend the. review authority for all types of GMQS Exemption Applications from a review by the Growth Management Commission to a review by the City of Aspen Planning and Zoning Commission pursuant to Section 26.310.040 and recommended approval; and, WHEREAS, the Planning and Zoning Commission conducted a public hearing, considered the recommendation of the Community Development Director and took public testimony on the proposed Code Amendments; and, WHEREAS, the Planning and Zoning Commission finds that the Code Amendments proposal meets or exceeds all applicable amendment standards and that the approval of the Code Amendments, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. WHEREAS, during a public hearing on May 21, 2002, the Planning and Zoning Commission recommended, by a six to zero (6-0) vote, that the City Council approve the amendments to Section 26.316, Appeals, Section 26.470, Growth Management Quota System as proposed by the Community Development Department. • • P169 NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COINLNIISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Code Amendment application to amend the review authority on all types of GMQS Exemption Applications from the Growth Management Commission to the City of Aspen Planning and Zoning Commission, is approved as noted in the following sections: Section 2 That Section 26.316 of the Aspen Municipal Code shall be amended to read as follows: 26.316, Appeals, Purpose Statement The purpose of this Chapter is to establish the authority of the Board of Adjustment, Growth Management Commission, the Planning and Zoning Commission, and City Council to hear and decide certain appeals and to set forth the procedures for said appeals. Section 26.316.020(C), Planning and Zoning, Commission Review Authority Planning and Zoning Commission. The Planning and Zoning Commission shall have the authority to hear and decide an appeal from an adverse determination by the Community Development Director on an application for exemption pursuant to the growth management quota system in accordance with Section 26.470.060(D). _ Section 3 That Section 26.470 of the Aspen Municipal Code shall be amended to read as follows: Section 26.470.070(D)(2)(b), Historic Landmark Exemptions: More than one residential dwelling or more than three (3) hotel, motel, lodge, bed and breakfast, boardinghouse, roominghouse or dormitory units shall be exempted. This exemption is not deducted from annual allotments or from Aspen Metro Area ceilings. Review is by Planning and Zoning Commission. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub -Section 5, below Section 26.470.070(D)(3)(b), Historic Landmark Exemptions Increase in FAR and net leasable square footage. The increase in FAR and net leasable square footage for a historic landmark to be used as a commercial, office, or mixed use development including a residential component shall be reviewed by the Planning and Zoning Commission for an exemption. The applicant shall demonstrate that as a result of the P170 development, mitigation of the project's community impacts will be addressed by the standards set forth at sub -Section 5, below. Upon a recommendation from the Planning and Zoning Commission, City Council may waive, reduce, or defer the affordable housing mitigation as required, pursuant to subsection 5(a) below, when it finds that no employees will be generated. Section 26.470.070(D)(4), Enlargements for mixed -use development The enlargement of an historic landmark for mixed -use as a commercial, office or lodge development and that adds a residential dwelling unit, that increases the building's or parcel's existing floor area ratio and its net leasable square footage shall be exempt. This exemption is not deducted from annual allotments or from Aspen Metro Area ceilings. Review is by Planning and Zoning Commission. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub -Section 5, below. Section 26.470.070(D)(5)(c), Off -site impacts The development's water supply, sewage treatment, solid waste disposal, drainage control, transportation and fire protection impacts shall be mitigated to the satisfaction of the Planning and Zoning Commission. Section 26.470.070(E)(2), Expansion of commercial or office uses An expansion of an existing commercial or office building of two hundred fifty-one (251) to five hundred (500) net leasable square feet, excluding employee housing shall be reviewed by the -Planning and Zoning Commission. Expansion of a building which occurs in phases shall be limited to a maximum cumulative total of five hundred (500) net leasable square feet and shall be evaluated in terms of the cumulative impact of the entire expansion. Section 26.470.070(F), Change in use A change in use of an existing structure between the residential, commercial/office and tourist accommodations categories (irrespective of direction) for which a Certificate of Occupancy has been issued for at least two (2) years and which that is intended to be reused, shall be exempt from the growth management competition and scoring procedures. This exemption is deducted from the respective annual development allotment established pursuant to Section 26.470.040 and from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by Planning and Zoning Commission. This exemption is available provided the following conditions are met: 0 0 P171 Section 26.470.030(B)(3) (c), Planning and Zoning Commission Review After the Community Development Director has determined that the application for exemption is complete, the application shall be forwarded to the Planning and Zoning Commission for review and consideration at a public hearing. Notice of the hearing shall be by publication, posting, and mailing (See Section 26.304.060(E)). The Planning and Zoning Commission shall by resolution approve, approve with conditions, or disapprove the application. In the event that there are insufficient allotments available to accommodate all applications for exempt development, a random drawing shall be held in accordance with the standards of Section 26.470.070(B)(4). Applications for lodge, affordable housing, or accessory commercial square footage development within the Lodge Preservation (LP) Overlay Zone District shall be forwarded to the Planning and Zoning Commission for review and consideration at a public hearing after the Community Development Director has determined that the application for exemption is complete and has made a recommendation for approval, approval with conditions, or disapproval. Notice of the hearing shall be by publication, posting, and mailing (See Section 26.304.060(E)). The Planning and Zoning Commission shall by resolution approve, approve with conditions, or disapprove the application. In the event that there are insufficient allotments available to accommodate all applications for exempt development, a random drawing shall be held in accordance with the standards of Section 26.47.0.O80(B)(4). Section 26.470.030(B)(3)(d), City Council Review An application for a lot split or conversion of residential reconstruction credits to tourist accommodation units shall not be reviewed by the Growth Management Commission, but instead shall be forwarded directly to the City Council for consideration. Other than an application for a lot split or conversion of residential reconstruction credits to tourist accommodation units, an application for review by City Council requires a two step process. Exemption requests for essential public facilities or for accessory uses in a mixed -use development shall require review by the Planning and Zoning Commission and final review by the City Council. Exemption requests for affordable housing or for free market residential AH associated developments shall require review by the Housing Board and final review by the City Council. When two steps are required, the following procedures must be adhered to: Step One - After the Community Development Director has determined that the application for exemption is complete, the application shall be forwarded to the Board/Commission specified above (in the preceding paragraph). Review by the Housing Authority shall be administered by the Executive Director of the Authority and shall be referred to the Executive P172 Board as necessary. Review by the Planning and Zoning Commission requires a public hearing for which notice has been published, posted, and mailed (See Section 26.304.060(E)). The Commission shall by resolution recommend to the City Council approval, approval with conditions, or disapproval of the application. 26.470.030(D)(1) Appeal of adverse determination by Community_ Development Director. An appeal from an adverse determination by the Community Development Director on an application for exempt development 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. The decision of the Planning and Zoning Commission shall constitute the final administrative action on the matter. 26.470.110(A)(1) Amendment of development order. Any change required to be made to a development order to respond to conditions imposed upon the proposed development by the Growth Management Commission, Planning and Zoning Commission, or the City Council during the review of other development applications relevant to the proposed development; and Section 4: That Section 26.470.030(B)(3)(b) of the Aspen Municipal Code be repealed and by renumbering existing subsections C and D to B and C. Section 5: All material representations and commitments made by the applicant pursuant to the Code Amendment approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in'such Code Amendment approvals and the same shall be complied with as if fiilly set forth herein, unless amended by an authorized entity. Section 6• This Resolution shall not effect 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 7: 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. 0 P173 Approved by the Commission at its regular meeting on May 21, 2002. APPROVED AS TO FORM: PLANNING AND ZONING CONLNUSSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk 0 • ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CO E ADDRESS OF PROPERTY: "'� �� (;k�s er5' O SCHEDULED PUBLIC HEARING DATE: r , 200_ STATE OF COLORADO ) ) SS. County of Pitkin ) I. , �) )/!/1 V,- � vl J � (nsme- nrint) 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 "Vide 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 (1 5) days prior to the public hearing and was continuously visible from the _ day of 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns 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. (continued on next page) • ARezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (1 5) days prior to the public hearing on such amendments. h nature The fore-oing "Affidavit of Notice" was ac wledged bef re me thi day off , 200�by �_ �� WITNESS MY HAND AND OFFICIAL.SEAL My cc <-7 ssion expires: q/.-23 I,I CDID Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) 2: SP.RAH + OATES O LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL PUBLIC NOTICE RE: CITY OF ASPEN LAND USE CODE AMEND- MENTS: SECTION 26.316, APPEALS, 26.470, GROWTH MANAGEMENT QUOTA SYSTEM. NOTICE IS HEREBY GIVEN that a public hearing will be held on July 8, 2002, at a meeting to begin at 5:00 P.M. before the Aspen city Council, Coun- cil Chambers, City Hall 130 South Galena, Aspen, to consider an application submitted by the City of Aspen Community Development Department, requesting approval for a Proposed Code Amend- ments to amend the review authority on all forms of Growth Management Quota System Exemp- tions. The proposed code amendments are in- tended to change the review authority on all forms of Growth Management Quota System Ex- emptions from a review by the Joint City of As- pen/Pitkin County Growth Management Commis- sion to a review by the City of Aspen planning and Zoning Commission. The proposed code amendments would effect the following Land Use Code Sections: Section 26.316.010 Appeals- Purpose State- ment Section 26.316.020(C) Appeals- Planning and Zoning Commission Section 26.470.070(DX2)(b) GMQS- Historic Landmark Exemptions Section 26.470.070(DX3)(b) GMQS Historic Landmark Exemptions Section 26.470.070(D)(4) GMQS- Enlarge- ments For Mixed Use Development Section 26.470.070(D)(5)(c) GMQS- Off site Impacts Section 26.470.070(E)(2) GMQS- Expansion of Commercial or Office Uses Section 26.470.070(F) GMQS Change In Use Section 26.470.o80(B)(3)(b) GMQS Growth Management Commission Review Section 26.470.080(B)(3)(c) GMQS- Plan- ning and Zoning Commission Review Section 26.470.080(B)(3Xd) GMQS City Council Review Section 26.470.080(DXl) GMQS Appeal of Adverse Determination by Community Develop- ment Director Section 26.470.110(A)(1) GMQS Amend- ment of Development Order For further information contact James Llndt at the Aspen / Pitkin Community Development De- partment, 130 South Galena St., Aspen, CO (970) 920.5095, jamesiOci.aspen.co.us. s/Helen Kadin Klanderud, Mayor Aspen City Council Published in The Aspen Times on June 22, 2002. (8920) C� MEMORANDUM TO: Mayor and City Council P THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Directo�--� FROM: James Lindt, Planner *411 b RE: Growth Management Commission Code Amendments — V Reading of Ordinance No. (L, Series of 2002 DATE: June 10, 2002 SUMMARY: The Community Development Department is proposing amendments to the Appeals and Growth Management Quota System sections of the land use code. Please see Exhibit B for the specific amendments and deletions being proposed. The code amendments remove the Pitkin County Planning and Zoning Commission from the review of Growth Management Quota System exemption applications within the city limits of Aspen. Currently, the Land Use Code requires that the Growth Management Commission (consisting of both the City and County Planning and Zoning Commissions) review most types of GMQS exemption applications within the City of Aspen. The City of Aspen Community Development Department is requesting code amendments to give the review authority to the appropriate entity for GMQS exemption applications within the City of Aspen's boundaries. In addition, Staff believes that converting the Growth Management Commission's authority to only the City Planning and Zoning Commission on such matters will allow for greater efficiency in the GMQS exemption review process without sacrificing the level of review. Currently, it is difficult to schedule joint Growth Management Commission meetings because both the City and the County Planning and Zoning Commissions must have free agenda space at the same time. In giving the City Planning and Zoning Commission the authority to review GMQS exemption applications, the time that applicants spend while waiting to get on an agenda will be considerably shortened. Staff believes that the proposed code amendments will not sacrifice the importance or integrity of the GMQS exemption review. The City Planning and Zoning Commission will be reviewing proposed applications by the same review criteria in which the Growth Management Commission currently reviews such applications. Both the City and County Planning Staff feel that it is unnecessary to continue to require the County to review GMQS exemption applications within the city limits of the City of Aspen. Pitkin County removed the joint review from their land use code several years ago. 1 Staff will evaluate the larger question of whether the County Planning and Zoning Commission should be involved in reviewing GMQS scoring applications within the city limits of Aspen when Staff undergoes a complete revision of the Growth Management Quota System later this year. RECOMMENDATION: Staff is recommending that City Council approve the proposed ordinance approving the code amendments to allow the City Planning and Zoning Commission to assume the Growth Management Commission's review authority on GMQS exemption applications within the City of Aspen that are currently under the review purview of the Growth Management Commission. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission recommends that City Council approve the proposed ordinance approving the code amendments to allow the City Planning and Zoning Commission to assume the Growth Management Commission's review authority on GMQS exemption applications within the City of Aspen that are currently under the review purview of the Growth Management Commission. REVIEW PROCEDURE: • Text Amendment: City Council may approve, recommend alternative language, or deny the proposed code amendments after considering a recommendation by the Community Development Director and public comment. RECOMMENDED MOTION: "I move to approve Ordinance No. Series of 2002, approving Land Use Code Amendments to Sections 26.226, Growth Management Commission, and 26.470 Growth Management Quota System to allow for the City of Aspen Planning and Zoning Commission to assume sole review authority on certain types of GMQS exemption applications within the City of Aspen that are currently under the review purview of the Growth Management Commission." CITY MANAGER'S COMMENTS: ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Proposed Language Exhibit C -- County Referral Comments Exhibit D -- Planning and Zoning Commission Resolution No.15, Series of 2002 0 • 4-1 ORDINANCE NO. (SERIES OF 2002) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING TEXT AMENDMENTS TO MUNICIPAL CODE SECTIONS 26.316, APPEALS, AND 26.470, GROWTH MANAGEMENT QUOTA SYSTEM, AMENDING THE REVIEW AUTHORITY OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION TO INCLUDE ALL GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTIONS THAT ARE CURRENTLY REVIEWED BY THE JOINT CITY OF ASPEN/PITKIN COUNTY GROWTH MANAGEMENT COMMISSION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department proposed an application for an amendment to Title 26, the City of Aspen Land Use Code; and, WHEREAS, pursuant to Sections 26.310.040, City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by Ordinance approve or deny an application for Amendment to the Land Use Code and Official Zone District Map, after recommendation by the Community Development Department and the Planning and Zoning Commission pursuant to Land Use Code Section 26.430.020; and, WHEREAS, the Community Development Department initiated and reviewed an application for proposed code amendments to change the review authority for all types of GMQS exemptions from a review by the Growth Management Commission to a review solely by the City of Aspen Planning and Zoning Commission pursuant to Land Use Code Section 26.310.040 and recommended approval; and, WHEREAS, during a duly noticed public hearing on May 21, 2002, the Planning and Zoning Commission approved Resolution No. 15, Series of 2002, by a six to zero (6- 0) vote, recommending that City Council approve code amendments to allow the Planning and Zoning Commission sole review authority on GMQS Exemption applications that are currently reviewed by the Growth Management Commission; and, WHEREAS, the Aspen City Council has reviewed and considered the proposed code amendments under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the code amendments meets or exceeds all applicable development standards and that the approval of the amendment, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: 0 • Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Code Amendment application to amend the review authority on all types of GMQS Exemptions from the Growth Management Commission to the City of Aspen Planning and Zoning Commission, is approved as noted in the following sections: Section 2 That Section 26.316 of the Aspen Municipal Code shall be amended to read as follows: 26.316, Appeals, Purpose Statement The purpose of this Chapter is to establish the authority of the Board of Adjustment, Growth Management Commission, the Planning and Zoning Commission, and City Council to hear and decide certain appeals and to set forth the procedures for said appeals. Section 26.316.020(C), Planning and Zoning Commission Review Authority Planning and Zoning Commission. The Planning and Zoning Commission shall have the authority to hear and decide an appeal from an adverse determination by the Community Development Director on an application for exemption pursuant to the growth management quota system in accordance with Section 26.470.060(D). gpcfinn i That Section 26.470 of the Aspen Municipal Code shall be amended to read as follows: Section 26.470.070(D)(2)(b), Historic Landmark Exemptions: More than one residential dwelling or more than three (3) hotel, motel, lodge, bed and breakfast, boardinghouse, roominghouse or dormitory units shall be exempted. This exemption is not deducted from annual allotments or from Aspen Metro Area ceilings. Review is by Planning and Zoning Commission. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub -Section 5, below Section 26.470.070(D)(3)(b), Historic Landmark Exemptions Increase in FAR and net leasable square footage. The increase in FAR and net leasable square footage for a historic landmark to be used as a commercial, office, or mixed use development including a residential component shall be reviewed by the Planning and Zoning Commission for an exemption. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub -Section 5, below. Upon a recommendation from the Planning and Zoning Commission, City Council may waive, reduce, or defer the affordable housing mitigation as required, pursuant to subsection 5(a) below, when it finds that no employees will be generated. Section 26.470.070(D)(4), Enlargements for mixed -use development The enlargement of an historic landmark for mixed -use as a commercial, office or lodge development and that adds a residential dwelling unit, that increases the building's or parcel's existing floor area ratio and its net leasable square footage shall be exempt. This exemption is not deducted from annual allotments or from Aspen Metro Area ceilings. Review is by Planning and Zoning Commission. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub -Section 5, below. Section 26.470.070(D)(5)(c), Off -site impacts The development's water supply, sewage treatment, solid waste disposal, drainage control, transportation and fire protection impacts shall be mitigated to the satisfaction of the Planning and Zoning Commission. Section 26.470.070(E)(2), Expansion of commercial or office uses An expansion of an existing commercial or office building of two hundred fifty-one (251) to five hundred (500) net leasable square feet, excluding employee housing shall be reviewed by the Planning and Zoning Commission. Expansion of a building which occurs in phases shall be limited to a maximum cumulative total of five hundred (500) net leasable square feet and shall be evaluated in terms of the cumulative impact of the entire expansion. Section 26.470.070(F), Change in use A change in use of an existing structure between the residential, commercial/office and tourist accommodations categories (irrespective of direction) for which a Certificate of Occupancy has been issued for at least two (2) years and which that is intended to be reused, shall be exempt from the growth management competition and scoring procedures. This exemption is deducted from the respective annual development allotment established pursuant to Section 26.470.040 and from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by Planning and Zoning Commission. This exemption is available provided the following conditions are met: Section 26.470.080(B)(3) (c), Planning and Zoning Commission Review After the Community Development Director has determined that the application for exemption is complete, the application shall be forwarded to the Planning and Zoning Commission for review and consideration at a public hearing. Notice of the hearing shall be by publication, posting, and mailing (See Section 26.304.060(E)). The Planning and Zoning Commission shall by resolution approve, approve with conditions, or disapprove the application. In the event that there are insufficient allotments available to accommodate all applications for exempt development, a random drawing shall be held in accordance with the standards of Section 26.470.070(B)(4). Applications for lodge, affordable housing, or accessory commercial square footage development within the Lodge Preservation (LP) Overlay Zone District shall be forwarded to the Planning and Zoning Commission for review and consideration at a public hearing after the Community Development Director has determined that the application for exemption is complete and has made a recommendation for approval, approval with conditions, or disapproval. Notice of the hearing shall be by publication, posting, and mailing (See Section 26.304.060(E)). The Planning and Zoning Commission shall by resolution approve, approve with conditions, or disapprove the application. In the event that there are insufficient allotments available to accommodate all applications for exempt development, a random drawing shall be held in accordance with the standards of Section 26.470.080(B)(4). Section 26.470.080(B)(3)(d), City Council Review An application for a lot split or conversion of residential reconstruction credits to tourist accommodation units shall not be reviewed by the Growth Management Commission, but instead shall be forwarded directly to the City Council for consideration. Other than an application for a lot split or conversion of residential reconstruction credits to tourist accommodation units, an application for review by City Council requires a two step process. Exemption requests for essential public facilities or for accessory uses in a mixed -use development shall require review by the Planning and Zoning Commission and final review by the City Council. Exemption requests for affordable housing or for free market residential AH associated developments shall require review by the Housing Board and final review by the City Council. When two steps are required, the following procedures must be adhered to: Step One - After the Community Development Director has determined that the application for exemption is complete, the application shall be forwarded to the Board/Commission specified above (in the preceding paragraph). Review by the Housing Authority shall be administered by the Executive Director of the Authority and shall be referred to the Executive Board as necessary. Review by the Planning and Zoning Commission requires a public hearing for which notice has been published, posted, and mailed (See Section 26.304.060(E)). The Commission shall by resolution recommend to the City Council approval, approval with conditions, or disapproval of the application. 26.470.080(D)(1) Appeal of adverse determination by Community Development Director. An appeal from an adverse determination by the Community Development Director on an application for exempt development 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. The decision of the Planning and Zoning Commission shall constitute the final administrative action on the matter. 26.470.110(A)(1) Amendment of development order. Any change required to be made to a development order to respond to conditions imposed upon the proposed development by the Growth Management Commission, Planning and Zoning Commission, or the City Council during the review of other development applications relevant to the proposed development; and Section 4: That Section 26.470.080(B)(3)(b) of the Aspen Municipal Code be repealed and by renumbering existing subsections C and D to B and C. Section 5: This Ordinance shall not effect 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 construed and concluded under such prior ordinances. Section 6: 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 7: A public hearing on the ordinance shall be held on the 8th day of July, 2002, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. • INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 1 Oth day of June, 2002. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this 8th day of July, 2002. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney • • REVIEW CRITERIA & STAFF FINDINGS EXHIBIT A AMENDMENT TO THE LAND USE CODE Section 26.310.040, Text Amendment Standards of Review In reviewing an amendment to the official zone district map, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: Staff does not believe the proposed code amendments are in conflict with any applicable portions of this title or the Municipal Code. Staff feels that the proposed code amendments will amend the review of GMQS exemption applications in a manner that will be more efficient for applicants without sacrificing the thoroughness of review. Staff finds this criterion to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: The proposed amendments continue to implement the goals of the AACP, especially as related to Growth Management. The amendments change who reviews GMQS exemptions, however, the standards for making the decision remain the same. Therefore, Staff believes that the proposed code amendments are consistent with all elements of the Aspen Area Community Plan. Staff finds this criterion to be met. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: These two criteria apply to rezoning applications and do not apply to this text amendment. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding: This text amendment will not, in itself, introduce additional demands on public services. The proposed amendments will simply change the review authority on GMQS exemption land use applications that are currently required to be reviewed by the joint City/County Growth Management Commission to the City of Aspen Planning and Zoning Commission. Staff does not believe that the proposed code amendments yield excess growth and demand for public facilities because the review standards are not changing and the ability for the City Planning and Zoning Commission to require appropriate mitigation for applications that generate growth is not being diminished. Staff finds this criterion to be met. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding: Staff does not feel that the proposed code amendments will result in adverse impacts on the natural environment. Staff finds this criterion to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: Staff believes that the proposed code amendments are consistent with community character of Aspen. The review standards for GMQS exemption applications are not being amended. Staff finds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: This criteria applies to rezoning applications and does not apply to this text amendment. L Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding: Staff feels that the proposed code amendments to allow the City Planning and Zoning Commission to review all of the GMQS exemption applications that the joint City of Aspen/Pitkin County Growth Management Commission currently review is not in conflict with the public interests. As stated throughout the memo, Staff believes that the change in review authority will be in the best interest of the public in that it will reduce the amount of time that it takes for an applicant to get on an agenda with a GMQS exemption application. Staff finds this criteria to be met. 4 • Exhibit "B" Proposed Language. Text to be deleted is indicated in str-iketh,-eugh text and text to be added is indicated in bold and italicized print. 26.316.10 Appeals Purpose. The purpose of this Chapter is to establish the authority of the Board of Adjustment, Growth Management Commission, the Planning and Zoning Commission, and City Council to hear and decide certain appeals and to set forth the procedures for said appeals. Section 26.316.020(C) Appeals G^mm4sien Planning and Zoning Commission. The Cknv4h Management Planning and Zoning Commission shall have the authority to hear and decide an appeal from an adverse determination by the Community Development Director on an application for exemption pursuant to the growth management quota system in accordance with Section 26.470.060(D). 26.470.070(D)(2)(b) GMQS: Historic Landmark Exemptions (Enlargements I'm - additional dwelling and tourist accommodations units). b. more than one residential dwelling or more than three (3) hotel, motel, lodge. bed and breakfast, boardinghouse, roominghouse or dormitory units shall be exempted. This exemption is not deducted from annual allotments or from Aspen Metro Area ceilings. Review is by Grev.4, Management Commission planning and Zoning Commission. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub -Section 5, below 26.470.070(D)(3)(b) GMQS: Historic Landmark Exemptions (Enlargement for use as a commercial or office development). Increase in FAR and net leasable square footage. The increase in FAR and net leasable square footage for a historic landmark to be used as a commercial, office, or mixed use development including a residential component shall be reviewed by the Grewth Planning and Zoning Commission for an exemption. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub -Section 5, below. Upon a recommendation from the G—ro its, _Ml nonnmont Commission Planning and Zoning Commission, City Council may waive, reduce, or defer the affordable housing mitigation as required, pursuant to subsection 5(a) below, when it finds that no employees will be generated. 26.470.070(D)(4). GMQS: Enlargements for mixed -use development. The enlargement of an historic landmark for mixed -use as a commercial, office or lodge development and that adds a residential dwelling unit, that increases the building's or parcel's existing floor area ratio and its net leasable square footage shall be exempt. This exemption is not deducted from annual allotments or from Aspen Metro Area ceilings. 0 • Review is by Planning and Zoning Commission. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub -Section 5, below. 26.470.070(D)(5)(c) GMQS: Off site impacts. The development's water supply, sewage treatment, solid waste disposal, drainage control, transportation and fire protection impacts shall be mitigated to the satisfaction of the Planning and Zoning Commission. 26.470.070(E)(2) GMQS: Expansion of commercial or office uses An expansion of an existing commercial or office building of two hundred fifty-one (251) to five hundred (500) net leasable square feet, excluding employee housing shall be reviewed by the Planning and Zoning Commission. Expansion of a building which occurs in phases shall be limited to a maximum cumulative total of five hundred (500) net leasable square feet and shall be evaluated in terms of the cumulative impact of the entire expansion. 26.470.070(F) GMQS: Change in use. A change in use of an existing structure between the residential. commercial/office and tourist accommodations categories (irrespective of direction) for which a Certificate of Occupancy has been issued for at least two (2) years and which that is intended to be reused, shall be exempt from the growth management competition and scoring procedures. This exemption is deducted from the respective annual development allotment established pursuant to Section 26.470.040 and from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by nr^«rt" h4ana •AmA^* Commission Planning and Zoning Commission. This exemption is available provided the following conditions are met: IMAM iMAT&ATA. �- - _ _ AM 26.470.080(B)(3)(c) GMQS: Planning and Zoning Commission Review. After the Community Development Director has determined that the application for exemption is complete, the application shall be forwarded to the Planning and Zoning Commission for review and consideration at a public hearing. Notice of the hearing shall be by publication, posting, and mailing (See Section 26.304.060(E)). The Planning and Zoning Commission shall by resolution approve, approve with conditions, or disapprove the application. In the event that there are insufficient allotments available to accommodate all applications for exempt development, a 0 random drawing shall he held in accordance with the standards of Section 26.470.070(B)(4). Applications for lodge, affordable housing, or accessory commercial square footage development within the Lodge Preservation (LP) Overlay Zone District shall be forwarded to the Planning and Zoning Commission for review and consideration at a public hearing after the Community Development Director has determined that the application for exemption is complete and has made a recommendation for approval, approval with conditions, or disapproval. Notice of the hearing shall be by publication, posting, and mailing (See Section 26.304.060(E)). The Planning and Zoning Commission shall by resolution approve, approve with conditions, or disapprove the application. In the event that there are insufficient allotments available to accommodate all applications for exempt development, a random drawing shall be held in accordance with the standards of Section 26.470.080(B)(4). 26.470.080(B)(3)(d) GMQS: City Council Review. An application for a lot split or conversion of residential reconstruction credits to tourist accommodation units shall not be reviewed by the Growth Management Commission, but instead shall be forwarded directly to the City Council for consideration. Other than an application for a lot split or conversion of residential reconstruction credits to tourist accommodation units, an application for review by City Council requires a two step process. Exemption requests for essential public facilities or for accessory uses in a mixed -use development shall require review by the Cd-re . th Ml_aR gemenr Cnn�n�ecinn Planning and Zoning Commission and final review by the City Council. Exemption requests for affordable housing or for free market residential AH associated developments shall require review by the housing Board and final review by the City Council. When two steps are required, the following procedures must be adhered to: 26.470.080(B)(3)(d) Step One - After the Community Development Director has determined that the application for exemption is complete, the application shall be forwarded to the Board/Commission specified above (in the preceding paragraph). Review by the Housing Authority shall be administered by the Executive Director of the Authority and shall be referred to the Executive Board as necessary. Review by the Planning and Zoning Commission requires a public hearing for which notice has been published, posted, and mailed (See Section 26.304.060(E)). The Commission shall by resolution recommend to the City Council approval, approval with conditions, or disapproval of the application. 26.470.080(D)(1) GMQS: Appeal of adverse determination by Community Development Director. An appeal from an adverse determination by the Community Development Director on an application for exempt development shall be to the Grewth Planning and Zoning Commission. The appeal procedures set forth at Chapter 26.316 shall apply. The GFev.4h M-anagement Commission 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. The decision of the Cep Planning and Zoning Commission shall constitute the final administrative action on the matter. 0 • 26.470.110(A)(1) GMQS: Amendment of development order. Any change required to be made to a development order to respond to conditions imposed upon the proposed development by the Growth Management Commission, Planning and Zoning Commission, or the City Council during the review of other development applications relevant to the proposed development; and Lance Clarke, 09:02 PM 04/30/2002 -0600, GMC X-Sender: lancec@comdev X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.2 Date: Tue, 30 Apr 2002 21.02.22 -0600 To: Jamesl@ci.aspen.co.us From: Lance Clarke <lancec@ci.aspen.co.us> Subject: GMC The Pitkin P&Z have reviewed the proposed GMC Code amendments and have no objection. Printed for James Lindt <jamesl@ci.aspen.co.us> • RESOLUTION NO. 15 (SERIES OF 2002) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE TEXT AMENDMENTS THAT AMEND MUNICIPAL CODE SECTIONS 26.316, APPEALS, AND 26.470, GROWTH MANAGEMENT QUOTA SYSTEM; AMENDING THE REVIEW AUTHORITY OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION TO INCLUDE ALL GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION APPLICATIONS THAT ARE CURRENTLY REVIEWED BY THE JOINT CITY OF ASPEN/PITKIN COUNTY GROWTH MANAGEMENT COMMISSION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department proposed an application for an amendment to Title 26, the City of Aspen Land Use Code; and, WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning Commission, in accordance with the procedures, standards, and limitations of this Chapter, shall by resolution recommend that City Council approve, approve with conditions, or deny a Code Amendment application for Amendment to the Land Use Code and Official Zone District Map, after recommendation by the Community Development Department pursuant to Section 26.430.020; and, WHEREAS, the Community Development Department initiated and reviewed an application for proposed code amendments to amend the review authority for all types of GMQS Exemption Applications from a review by the Growth Management Commission to a review by the City of Aspen Planning and Zoning Commission pursuant to Section 26.310.040 and recommended approval; and, WHEREAS, the Planning and Zoning Commission conducted a public hearing, considered the recommendation of the Community Development Director and took public testimony on the proposed Code Amendments; and, WHEREAS, the Planning and Zoning Commission finds that the Code Amendments proposal meets or exceeds all applicable amendment standards and that the approval of the Code Amendments, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. WHEREAS, during a public hearing on May 21, 2002, the Planning and Zoning Commission recommended, by a six to zero (6-0) vote, that the City Council approve the amendments to Section 26.316, Appeals, Section 26.470, Growth Management Quota System as proposed by the Community Development Department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Code Amendment application to amend the review authority on all types of GMQS Exemption Applications from the Growth Management Commission to the City of Aspen Planning and Zoning Commission, is approved as noted in the following sections: Section 2 That Section 26.316 of the Aspen Municipal Code shall be amended to read as follows: 26.316, Appeals, Purpose Statement The purpose of this Chapter is to establish the authority of the Board of Adjustment, Growth Management Commission, the Planning and Zoning Commission, and City Council to hear and decide certain appeals and to set forth the procedures for said appeals. Section 26.316.020(C), Planning and Zoning Commission Review Authority Planning and Zoning Commission. The Planning and Zoning Commission shall have the authority to hear and decide an appeal from an adverse determination by the Community Development Director on an application for exemption pursuant to the growth management quota system in accordance with Section 26.470.060(D). Section 3 That Section 26.470 of the Aspen Municipal Code shall be amended to read as follows: Section 26.470.070(D)(2)(b), Historic Landmark Exemptions: More than one residential dwelling or more than three (3) hotel, motel, lodge, bed and breakfast, boardinghouse, roominghouse or dormitory units shall be exempted. This exemption is not deducted from annual allotments or from Aspen Metro Area ceilings. Review is by Planning and Zoning Commission. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub -Section 5, below Section 26.470.070(D)(3)(b), Historic Landmark Exemptions Increase in FAR and net leasable square footage. The increase in FAR and net leasable square footage for a historic landmark to be used as a commercial, office, or mixed use development including a residential component shall be reviewed by the Planning and Zoning Commission for an exemption. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub -Section 5, below. Upon a recommendation from the Planning and Zoning Commission, City Council may waive, reduce, or defer the affordable housing mitigation as required, pursuant to subsection 5(a) below, when it finds that no employees will be generated. Section 26.470.070(D)(4), Enlargements for mixed -use development The enlargement of an historic landmark for mixed -use as a commercial, office or lodge development and that adds a residential dwelling unit, that increases the building's or parcel's existing floor area ratio and its net leasable square footage shall be exempt. This exemption is not deducted from annual allotments or from Aspen Metro Area ceilings. Review is by Planning and Zoning Commission. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub -Section 5, below. Section 26.470.070(D)(5)(c), Off -site impacts The development's water supply, sewage treatment, solid waste disposal, drainage control, transportation and fire protection impacts shall be mitigated to the satisfaction of the Planning and Zoning Commission. Section 26.470.070(E)(2), Expansion of commercial or office uses An expansion of an existing commercial or office building of two hundred fifty-one (251) to five hundred (500) net leasable square feet, excluding employee housing shall be reviewed by the Planning and Zoning Commission. Expansion of a building which occurs in phases shall be limited to a maximum cumulative total of five hundred (500) net leasable square feet and shall be evaluated in terms of the cumulative impact of the entire expansion. Section 26.470.070(F), Change in use A change in use of an existing structure between the residential, commercial/office and tourist accommodations categories (irrespective of direction) for which a Certificate of Occupancy has been issued for at least two (2) years and which that is intended to be reused, shall be exempt from the growth management competition and scoring procedures. This exemption is deducted from the respective annual development allotment established pursuant to Section 26.470.040 and from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by Planning and Zoning Commission. This exemption is available provided the following conditions are met: Section 26.470.080(B)(3) (c), Planning and Zoning Commission Review After the Community Development Director has determined that the application for exemption is complete, the application shall be forwarded to the Planning and Zoning Commission for review and consideration at a public hearing. Notice of the hearing shall be by publication, posting, and mailing (See Section 26.304.060(E)). The Planning and Zoning Commission shall by resolution approve, approve with conditions, or disapprove the application. In the event that there are insufficient allotments available to accommodate all applications for exempt development, a random drawing shall be held in accordance with the standards of Section 26.470.070(B)(4). Applications for lodge, affordable housing, or accessory commercial square footage development within the Lodge Preservation (LP) Overlay Zone District shall be forwarded to the Planning and Zoning Commission for review and consideration at a public hearing after the Community Development Director has determined that the application for exemption is complete and has made a recommendation for approval, approval with conditions, or disapproval. Notice of the hearing shall be by publication, posting, and mailing (See Section 26.304.060(E)). The Planning and Zoning Commission shall by resolution approve, approve with conditions, or disapprove the application. In the event that there are insufficient allotments available to accommodate all applications for exempt development, a random drawing shall be held in accordance with the standards of Section 26.470.080(B)(4). Section 26.470.080(B)(3)(d), City Council Review An application for a lot split or conversion of residential reconstruction credits to tourist accommodation units shall not be reviewed by the Growth Management Commission, but instead shall be forwarded directly to the City Council for consideration. Other than an application for a lot split or conversion of residential reconstruction credits to tourist accommodation units, an application for review by City Council requires a two step process. Exemption requests for essential public facilities or for accessory uses in a mixed -use development shall require review by the Planning and Zoning Commission and final review by the City Council. Exemption requests for affordable housing or for free market residential AH associated developments shall require review by the Housing Board and final review by the City Council. When two steps are required, the following procedures must be adhered to: Step One - After the Community Development Director has determined that the application for exemption is complete, the application shall be forwarded to the Board/Commission specified above (in the preceding paragraph). Review by the Housing Authority shall be administered by the Executive Director of the Authority and shall be referred to the Executive Board as necessary. Review by the Planning and Zoning Commission requires a public hearing for which notice has been published, posted, and mailed (See Section 26.304.060(E)). The Commission shall by resolution recommend to the City Council approval, approval with conditions, or disapproval of the application. 26.470.080(D)(1) Appeal of adverse determination by Community Development Director. An appeal from an adverse determination by the Community Development Director on an application for exempt development 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. The decision of the Planning and Zoning Commission shall constitute the final administrative action on the matter. 26.470.110(A)(1) Amendment of development order. Any change required to be made to a development order to respond to conditions imposed upon the proposed development by the Growth Management Commission, Planning and Zoning Commission, or the City Council during the review of other development applications relevant to the proposed development; and Section 4e That Section 26.470.080(B)(3)(b) of the Aspen Municipal Code be repealed and by renumbering existing subsections C and D to B and C. Section 5• All material representations and commitments made by the applicant pursuant to the Code Amendment approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such Code Amendment approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 6! This Resolution shall not effect 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. Sectinn 7- 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. 0 0 Approved by the Commission at its regular meeting on May 21, 2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chair TO: THRU: FROM: RE: DATE: / J� MEMORANDUM Aspen Planning and Zoning Commission Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director` James Lindt, Planner J-1__ Growth Management Commission Code Amendments — Public Hearing May 21, 2002 SUMMARY: The Community Development Department is proposing amendments to the Appeals and Growth Management Quota System sections of the land use code. Please see the Exhibit B for the specific amendments and deletions being proposed. The code amendments are intended to remove the Pitkin County Planning and Zoning Commission from the review of Growth Management Quota System exemption applications within the city limits of Aspen. Currently, the Land Use Code requires that the Growth Management Commission (consisting of both the City and County Planning and Zoning Commissions) review most types of GMQS exemption applications within the City of Aspen. The City of Aspen Community Development Department is requesting the aforementioned code amendments due to the obvious inecessity to have the Pitkin County Planning and Zoning Commission review Growth Management Quota System exemption applications within the City of Aspen's boundaries. In addition, Staff believes that converting the Growth Management Commission's authority to only the City Planning and Zoning Commission on such matters will allow for better efficiency in the Growth Management Exemption Review Process without sacrificing the level of review. Currently, it is difficult to schedule a joint Growth Management Commission meeting because both the City and the County Planning and Zoning Commissions must have free agenda space at the same time. In giving the City Planning and Zoning Commission the authority to review Growth Management Exemption Applications, the time that applicant's spend while waiting to get on an agenda will be considerably shortened. Staff believes that the proposed code amendments will not sacrifice the importance or integrity of the GMQS Exemption Review. The City Planning and Zoning Commission will be reviewing proposed applications by the same review criteria in which the Growth Management Commission currently reviews such applications. Both the City and County Planning Staff feel that it is unnecessary to continue to require the County to review Growth Management Exemption Applications within the city limits of the City of Aspen. Pitkin County removed the joint review from their land use code several years ago. Staff will evaluate the larger question of whether the County Planning and Zoning Commission should be involved in reviewing Growth Management Quota System scoring 1 0 • applications within the city limits of Aspen when Staff undergoes a complete revision of the Growth Management Quota System later this year, as is set forth on the 2002 Community Development Department Workprogram. RECOMMENDATION: Staff is recommending that the Planning and Zoning Commission approve the proposed resolution recommending that City Council approve the proposed code amendments to allow the City Planning and Zoning Commission to assume the Growth Management Commission's review authority on GMQS Exemption Applications within the City of Aspen. REVIEW PROCEDURE • Text Amendment: The Planning and Zoning Commission shall by resolution recommend approval, approval with conditions, or denial to City Council on a Land Use Code text amendment after recommendation by the Community Development Director and public comment. RECOMMENDED MOTION: " I move to approve Resolution No. (, Series of 2002, recommending that City Council approve the proposed Land Use Code Amendments to code sections 26.226, Growth Management Commission, and 26.470 Growth Management Quota System to allow for the City of Aspen Planning and Zoning Commission review a thorGMQS Exemption Applications within the City -of Aspen.''Q`� PSLkV`V[ e0 &�Le � O kk, GV1411J- �Q (�1�2K� ATTACHMENTS: C b VA Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Proposed Language Exhibit C -- County Referral Comments 2 0 • RESOLUTION NO.J5 (SERIES OF 2002) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE TEXT AMENDMENTS THAT AMEND MUNICIPAL CODE SECTIONS 26.316, APPEALS, AND 26.470, GROWTH MANAGEMENT QUOTA SYSTEM; AMENDING THE REVIEW AUTHORITY OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION TO INCLUDE ALL GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION APPLICATIONS THAT ARE CURRENTLY REVIEWED BY THE JOINT CITY OF ASPEN/PITKIN COUNTY GROWTH MANAGEMENT COMMISSION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department proposed an application for an amendment to Title 26, the City of Aspen Land Use Code; and, WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning Commission, in accordance with the procedures, standards, and limitations of this Chapter, shall by resolution recommend that City Council approve, approve with conditions, or deny a Code Amendment application for Amendment to the Land Use Code and Official Zone District Map, after recommendation by the Community Development Department pursuant to Section 26.430.020; and, WHEREAS, the Community Development Department initiated and reviewed an application for proposed code amendments to amend the review authority for all types of GMQS Exemption Applications from a review by the Growth Management Commission to a review by the City of Aspen Planning and Zoning Commission pursuant to Section 26.310.040 and recommended approval; and, WHEREAS, the Planning and Zoning Commission conducted a public hearing, considered the recommendation of the Community Development Director and took public testimony on the proposed Code Amendments; and, WHEREAS, the Planning and Zoning Commission finds that the Code Amendments proposal meets or exceeds all applicable amendment standards and that the approval of the Code Amendments, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. WHEREAS, during a public hearing on May 21, 2002, the Planning and Zoning Commission recommended, by a _ to _ (_-_) vote, that the City Council approve the amendments to Section 26.316, Appeals, Section 26.470, Growth Management Quota System as proposed by the Community Development Department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Cectinn 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Code Amendment application to amend the review authority on all types of GMQS Exemption Applications from the Growth Management Commission to the City of Aspen Planning and Zoning Commission, is approved as noted in the following sections: Section 2 That Section 26.316 of the Aspen Municipal Code shall be amended to read as follows: 26.316, Appeals, Purpose Statement The purpose of this Chapter is to establish the authority of the Board of Adjustment, Growth Management Commission, the Planning and Zoning Commission, and City Council to hear and decide certain appeals and to set forth the procedures for said appeals. Section 26.316.020(C), Planning and Zoning Commission Review Authority Planning and Zoning Commission. The Planning and Zoning Commission shall have the authority to hear and decide an appeal from an adverse determination by the Community Development Director on an application for exemption pursuant to the growth management quota system in accordance with Section 26.470.060(D). Section 3 That Section 26.470 of the Aspen Municipal Code shall be amended to read as follows: Section 26.470.070(D)(2)(b), Historic Landmark Exemptions: More than one residential dwelling or more than three (3) hotel, motel, lodge, bed and breakfast, boardinghouse, roominghouse or dormitory units shall be exempted. This exemption is not deducted from annual allotments or from Aspen Metro Area ceilings. Review is by Planning and Zoning Commission. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub -Section 5, below Section 26.470.070(D)(3)(b), Historic Landmark Exemptions Increase in FAR and net leasable square footage. The increase in FAR and net leasable square footage for a historic landmark to be used as a commercial, office, or mixed use development including a residential component shall be reviewed by the Planning and Zoning Commission for an exemption. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub -Section 5, below. Upon a recommendation from the Planning and Zoning Commission, City Council may waive, reduce, or defer the affordable housing mitigation as required, pursuant to subsection 5(a) below, when it finds that no employees will be generated. Section 26.470.070(D)(4), Enlargements for mixed -use development The enlargement of an historic landmark for mixed -use as a commercial, office or lodge development and that adds a residential dwelling unit, that increases the building's or parcel's existing floor area ratio and its net leasable square footage shall be exempt. This exemption is not deducted from annual allotments or from Aspen Metro Area ceilings. Review is by Planning and Zoning Commission. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub -Section 5, below. Section 26.470.070(D)(5)(c), Off -site impacts The development's water supply, sewage treatment, solid waste disposal, drainage control, transportation and fire protection impacts shall be mitigated to the satisfaction of the Planning and Zoning Commission. Section 26.470.070(E)(2), Expansion of commercial or office uses An expansion of an existing commercial or office building of two hundred fifty-one (251) to five hundred (500) net leasable square feet, excluding employee housing shall be reviewed by the Planning and Zoning Commission. Expansion of a building which occurs in phases shall be limited to a maximum cumulative total of five hundred (500) net leasable square feet and shall be evaluated in terms of the cumulative impact of the entire expansion. Section 26.470.070(F), Change in use A change in use of an existing structure between the residential, commercial/office and tourist accommodations categories (irrespective of direction) for which a Certificate of Occupancy has been issued for at least two (2) years and which that is intended to be reused, shall be exempt from the growth management competition and scoring procedures. This exemption is deducted from the respective annual development allotment established pursuant to Section 26.470.040 and from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by Planning and Zoning Commission. This exemption is available provided the following conditions are met: 0 • Section 26.470.080(B)(3) (c), Planning and Zoning Commission Review After the Community Development Director has determined that the application for exemption is complete, the application shall be forwarded to the Planning and Zoning Commission for review and consideration at a public hearing. Notice of the hearing shall be by publication, posting, and mailing (See Section 26.304.060(E)). The Planning and Zoning Commission shall by resolution approve, approve with conditions, or disapprove the application. In the event that there are insufficient allotments available to accommodate all applications for exempt development, a random drawing shall be held in accordance with the standards of Section 26.470.070(B)(4). Applications for lodge, affordable housing, or accessory commercial square footage development within the Lodge Preservation (LP) Overlay Zone District shall be forwarded to the Planning and Zoning Commission for review and consideration at a public hearing after the Community Development Director has determined that the application for exemption is complete and has made a recommendation for approval, approval with conditions, or disapproval. Notice of the hearing shall be by publication, posting, and mailing (See Section 26.304.060(E)). The Planning and Zoning Commission shall by resolution approve, approve with conditions, or disapprove the application. In the event that there are insufficient allotments available to accommodate all applications for exempt development, a random drawing shall be held in accordance with the standards of Section 26.470.080(B)(4). Section 26.470.080(B)(3)(d), City Council Review An application for a lot split or conversion of residential reconstruction credits to tourist accommodation units shall not be reviewed by the Growth Management Commission, but instead shall be forwarded directly to the City Council for consideration. Other than an application for a lot split or conversion of residential reconstruction credits to tourist accommodation units, an application for review by City Council requires a two step process. Exemption requests for essential public facilities or for accessory uses in a mixed -use development shall require review by the Planning and Zoning Commission and final review by the City Council. Exemption requests for affordable housing or for free market residential AH associated developments shall require review by the Housing Board and final review by the City Council. When two steps are required, the following procedures must be adhered to: Step One - After the Community Development Director has determined that the application for exemption is complete, the application shall be forwarded to the Board/Commission specified above (in the preceding paragraph). Review by the Housing Authority shall be administered by the Executive Director of the Authority and shall be referred to the Executive • 0 Board as necessary. Review by the Planning and Zoning Commission requires a public hearing for which notice has been published, posted, and mailed (See Section 26.304.060(E)). The Commission shall by resolution recommend to the City Council approval, approval with conditions, or disapproval of the application. 26.470.080(D)(1) Appeal of adverse determination by Community Development Director. An appeal from an adverse determination by the Community Development Director on an application for exempt development 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. The decision of the Planning and Zoning Commission shall constitute the final administrative action on the matter. 26.470.110(A)(1) Amendment of development order. Any change required to be made to a development order to respond to conditions imposed upon the proposed development by the Growth Management Commission, Planning and Zoning Commission, or the City Council during the review of other development applications relevant to the proposed development; and Section 4• That Section 26.470.080(B)(3)(b) of the Aspen Municipal Code be repealed and by renumbering existing subsections C and D to B and C. Section 5• All material representations and commitments made by the applicant pursuant to the Code Amendment approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such Code Amendment approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Sewtinn 6! This Resolution shall not effect 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. Cectinn 7- 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. • 0 Approved by the Commission at its regular meeting on May 21, 2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chair • EXHIBIT A AMENDMENT TO THE LAND USE CODE REVIEW CRITERIA & STAFF FINDINGS Section 26.310.040, Teat Amendment Standards of Review In reviewing an amendment to the official zone district map, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: Staff does not believe the proposed code amendments are in conflict with any applicable portions of this title or the Municipal Code. Staff feels that the proposed code amendments will amend the review of Growth Management Quota System Exemption applications in a manner that will be more efficient for applicants without sacrificing the thoroughness of review. Staff finds this criterion to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: The proposed amendment will not change any of the review standards. Therefore, Staff believes that the proposed code amendments are consistent with all elements of the Aspen Area Community Plan. Staff finds this criterion to be met. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and roar! safeth. Staff Finding: These two criteria apply to rezoning applications and do not apply to this text amendment. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding: This text amendment will not, in itself, introduce additional demands on public services. The proposed amendments will simply change the review authority on Growth Management Exemption land use applications that are currently required to be reviewed by the joint 3 City/County Growth Management Commission to the City of Aspen Planning and Zoning Commission. Staff does not believe that the proposed code amendments yield excess growth and demand for public facilities because the review standards are not changing and the ability for the City Planning and Zoning Commission to require appropriate mitigation for applications that generate growth is not being diminished. Staff finds this criterion to be met. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding: Staff does not feel that the proposed code amendments will result in adverse impacts on the natural environment. Staff finds this criterion to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: Staff believes that the proposed code amendments are consistent with community character of Aspen. The review standards for Growth Management Quota System Exemption applications are not being amended. Staff finds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: This criteria applies to rezoning applications and does not apply to this text amendment. L Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding: Staff feels that the proposed code amendments to allow the City Planning and Zoning Commission to review all of the GMQS Exemption applications that the joint City of Aspen/Pitkin County Growth Management Commission currently review is not in conflict with the public interests. As stated throughout the memo, Staff believes that the change in review authority will be in the best interest of the public in that it will reduce the amount of time that it takes for an applicant to get on an agenda with a Growth Management Exemption application. Staff finds this criteria to be met. 4 Exhibit "B" Proposed Language. Text to be deleted is indicated in stri1ethrough text and text to be added is indicated in bold and italicized print. 26.316.10 Appeals Purpose. The purpose of this Chapter is to establish the authority of the Board of Adjustment, Growth Management Commission, the Planning and Zoning Commission, and City Council to hear and decide certain appeals and to set forth the procedures for said appeals. Section 26.316.020(C) Appeals Planning and Zoning Commission. The Gramah Planning and Zoning Commission shall have the authority to hear and decide an appeal from an adverse determination by the Community Development Director on an application for exemption pursuant to the growth management quota system in accordance with Section 26.470.060(D). 26.470.070(D)(2)(b) GMQS: Historic Landmark Exemptions (Enlargements for additional dwelling and tourist accommodations units). b. more than one residential dwelling or more than three (3) hotel, motel, lodge, bed and breakfast, boardinghouse, roominghouse or dormitory units shall be exempted. This exemption is not deducted from annual allotments or from Aspen Metro Area ceilings. Review is by Planning and Zoning Commission. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub -Section 5, below 26.470.070(D)(3)(b) GMQS: Historic Landmark Exemptions (Enlargement for use as a commercial or office development). Increase in FAR and net leasable square footage. The increase in FAR and net leasable square footage for a historic landmark to be used as a commercial, office, or mixed use development including a residential component shall be reviewed by the Grrewth Management Com-mi-iss Planning and Zoning Commission for an exemption. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub -Section 5, below. Upon a recommendation from the Planning and Zoning Commission, City Council may waive, reduce, or defer the affordable housing mitigation as required, pursuant to subsection 5(a) below, when it finds that no employees will be generated. 26.470.070(D)(4). GMQS: Enlargements for mixed -use development. The enlargement of an historic landmark for mixed -use as a commercial, office or lodge development and that adds a residential dwelling unit, that increases the building's or parcel's existing floor area ratio and its net leasable square footage shall be exempt. This exemption is not deducted from annual allotments or from Aspen Metro Area ceilings. Review is by Planning and Zoning Commission. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub -Section 5, below. 26.470.070(D)(5)(c) GMQS: Off site impacts. The development's water supply, sewage treatment, solid waste disposal, drainage control, transportation and fire protection impacts shall be mitigated to the satisfaction of the Planning and Zoning Commission. 26.470.070(E)(2) GMQS: Expansion of commercial or office uses An expansion of an existing commercial or office building of two hundred fifty-one (251) to five hundred (500) net leasable square feet, excluding employee housing shall be reviewed by the Planning and Zoning Commission. Expansion of a building which occurs in phases shall be limited to a maximum cumulative total of five hundred (500) net leasable square feet and shall be evaluated in terms of the cumulative impact of the entire expansion. 26.470.070(F) GMQS: Change in use. A change in use of an existing structure between the residential, commercial/office and tourist accommodations categories (irrespective of direction) for which a Certificate of Occupancy has been issued for at least two (2) years and which that is intended to be reused, shall be exempt from the growth management competition and scoring procedures. This exemption is deducted from the respective annual development allotment established pursuant to Section 26.470.040 and from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by Planning and Zoning Commission. This exemption is available provided the following conditions are met: �, .- MINNOW Lox' ! ! a TA g r . 26.470.080(B)(3)(c) GMQS: Planning and Zoning Commission Review. After the Community Development Director has determined that the application for exemption is complete, the application shall be forwarded to the Planning and Zoning Commission for review and consideration at a public hearing. Notice of the hearing shall be by publication, posting, and mailing (See Section 26.304.060(E)). The Planning and Zoning Commission shall by resolution approve, approve with conditions, or disapprove the application. In the event that there are insufficient allotments available to accommodate all applications for exempt development, a random drawing shall be held in accordance with the standards of Section 26.470.070(B)(4). Applications for lodge, affordable housing, or accessory commercial square footage development within the Lodge Preservation (LP) Overlay Zone District shall be forwarded to the Planning and Zoning Commission for review and consideration at a public hearing after the Community Development Director has determined that the application for exemption is complete and has made a recommendation for approval, approval with conditions, or disapproval. Notice of the hearing shall be by publication, posting, and mailing (See Section 26.304.060(E)). The Planning and Zoning Commission shall by resolution approve, approve with conditions, or disapprove the application. In the event that there are insufficient allotments available to accommodate all applications for exempt development, a random drawing shall be held in accordance with the standards of Section 26.470.080(B)(4). 26.470.080(B)(3)(d) GMQS: City Council Review. An application for a lot split or conversion of residential reconstruction credits to tourist accommodation units shall not be reviewed by the Growth Management Commission, but instead shall be forwarded directly to the City Council for consideration. Other than an application for a lot split or conversion of residential reconstruction credits to tourist accommodation units, an application for review by City Council requires a two step process. Exemption requests for essential public facilities or for accessory uses in a mixed -use development shall require review by the Planning and Zoning Commission and final review by the City Council. Exemption requests for affordable housing or for free market residential AH associated developments shall require review by the Housing Board and final review by the City Council. When two steps are required, the following procedures must be adhered to: 26.470.080(B)(3)(d) Step One - After the Community Development Director has determined that the application for exemption is complete, the application shall be forwarded to the Board/Commission specified above (in the preceding paragraph). Review by the Housing Authority shall be administered by the Executive Director of the Authority and shall be referred to the Executive Board as necessary. Review by the anagement Commission Planning and Zoning Commission requires a public hearing for which notice has been published, posted, and mailed (See Section 26.304.060(E)). The Commission shall by resolution recommend to the City Council approval, approval with conditions, or disapproval of the application. 26.470.080(D)(1) GMQS: Appeal of adverse determination by Community Development Director. An appeal from an adverse determination by the Community Development Director on an application for exempt development shall be to theGrAvdh 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. The decision of the Planning and Zoning Commission shall constitute the final administrative action on the matter. 26.470.110(A)(1) GMQS: Amendment of development order. Any change required to be made to a development order to respond to conditions imposed upon the proposed development by the Growth Management Commission, Planning and Zoning Commission, or the City Council during the review of other development applications relevant to the proposed development; and 0 0 6j \IC // Lance Clarke, 09:02 PM 04/30/2002 -0600, GMC X-Sender: lancec@comdev X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.2 Date: Tue, 30 Apr 2002 21.02:22 -0600 To: Jamesl@ci.aspen.co.us From: Lance Clarke <lancec@ci.aspen.co.us> Subject: GMC The Pitkin P&Z have reviewed the proposed GMC Code amendments and have no objection. nted for James Lindt <jamesl@ci.aspen.co.us> 7- 0 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: �Ac ��e ��'dpen,CO SCHEDULED PUBLIC HEARING DATE: Z00 STATE OF COLORA.DO ) ss. County of Pitkin ) I, , � of \k&�P --c-:; (-- t VA 01 'T (name, please print) being or represeriting 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'norice: By the publication in the legal notice section ofan 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 ten (10) days prior to the public hearing and was continuously visible from the _ day of 200_, 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 ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns 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. (continued on next page) • Re_oning or text amendment. Whenever the official zoning district map is is 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 has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. nature The foregoing `'Affidavit of Notice" was ac vledged before me this-da oft , 200�, by WITNESS MY HAND AND OFFICIAL SEAL Ivly comm'ssion expires: Niotary Public ATTACHMENTS: COPY OF THE PUBLICATION W OAt'Cg O PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE O yK 'RS AND GO VE&WENTAL A GENCIES NOTI CED B Y M41L PUBLIC NOTICE RE: CITY OF ASPEN !.AND USE CODE AMEND- MENTS: SECTION 26 316, APPEALS, 26.470, GROWTH MANAGEMENT QUOTA SYSTEM. NOTICE IS HEREBY GIVEN that a public hearing will be held on May 21, 2002, at a meeting to be- gin at 4:30 P.M. before the Aspen Planning and Zoning Commission, Council Chambers, City Hall 130 South Galena. Aspen, to consider an applica- tion submitted by the City of Aspen Community Development Department, requesting approval for a Proposed Code Amendments to amend the review authority on all forms of Growth Manage- ment Quota System Exemptions. The proposed code amendments are intended to change the re- view authority on all forms of Growth Manage- ment Quota System Exemptions from a review by the Joint City of Aspen/ Pitkin County Growth Management Commission to a review by the City of Aspen planning and Zoning Commission. The proposed code amendments would affect the fol- lowing Land Use Code Sections: Section 26.316.010 Appeals- Purpose Statement Section 26.316.020(C) Appeals- Planning and Zoo- ing Commission Section 26.470.070(D)(2)(b) GMQS- Historic Land- mark Exemptions Section 26.470.070(D)(3)(b) GMQS Historic Land- mark Exemptions Section 26.470.070(D)(4) GMQS Enlargements For Mixed Use Development Section 26.470.070(D)(5)(c) GMQS Off site Im- pacts Section 26.470.070(E)(2) GMQS- Expansion of Commercial -or Office Uses Section 26.470.070(F) GMQS Change in Use Section 26.470.Ofi0(B)(3)(b) GMQS Growth Man- agement Commission Review Section 26.470.080(B)(3)(c) GMQS Planning and Zoning Commission Review Section 26.470.080(B)(3)(d) GMQS City Council Review Section 26.470.080(D)(I) GMQS Appeal of Ad- verse Determination by Community Development Director Section 26.470.110(A)(1) GMQS Amendment of Development Order For further Informitlon con&ct James Llndt at the Aspen/ Pitkin Community Development De- partment, 130 South Galena St., Aspen, CO (970) 920-5095, jamesl®ci.aspen.co.us. s/Jasmine Tygre, Chair Aspen Planning and Zoning Commission Published in The Aspen Times on May 4, 2002. (8698) • • Julie Ann Woods, 03:53 PM 05/09/2002 -0600, Re: Fwd: Re: Fwd: Re: Fwd: Re: Growth Manageme X-Sender: juliew@comdev X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58 Date: Thu, 09 May 2002 15.53.37 -0600 To: James Lindt <jamesl@ci.aspen.co.us> From: Julie Ann Woods <juliew@ci.aspen.co.us> Subject: Re: Fwd: Re: Fwd: Re: Fwd: Re: Growth Management Commission Make sure a copy of this e-mail goes in the file. JA. At 01:39 PM 05/09/2002, you wrote: X-Sender: lancec@comdev X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.2 Date: Thu, 09 May 2002 13:36:26 -0600 To: James Lindt <jamesl@ci.aspen.co.us> From: Lance Clarke <lancec@ci.aspen.co.us> Subject: Re: Fwd: Re: Fwd: Re: Growth Management Commission no -staff looked at it and P&Z looked at it. We don't feel BOCC needs to see it. At 01:27 PM 5/9/02 -0600, you wrote: Lance, Did you run our proposed GMC code amendments by the BOCC? Do you feel they need to be referred on them? Thanks, James X-Sender: juliew@comdev X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58 Date: Thu, 09 May 2002 13:57.31 -0600 To: James Lindt <jamesl@ci.aspen.co.us> From: Julie Ann Woods <juliew@ci.aspen.co.us> Subject: Re: Fwd: Re: Growth Management Commission do you know if this response also covers the BOCC? JA. At 11:36 AM 05/09/2002 , you wrote: I received the following referral comments from Lance: The Pitkin P&Z have reviewed the proposed GMC Code amendments and have no objection. At 12:20 PM 05/09/2002 -0600, you wrote: james--let';s make sure we cover our bases with the county. JA. X-Sender: chrisb@comdev X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.2 Date: Mon, 15 Apr 2002 16.47.41 -0600 Printed for James Lindt <jamesl@ci.aspen.co.us> 1 • Julie Ann Woods, 03:53 PM 05/09/2002 -0600, Re: Fwd: Re: Fwd: Re: Fwd: Re: Growth Manageme To: Helen Klanderud <helenk@ci.aspen.co.us> From: Chris Bendon <chrisb@ci.aspen.co.us> Subject: Re: Growth Management Commission Cc: juliew@ci.aspen.co.us, jamesl@ci.aspen. co. us The BOCC was informed that we were interested in eliminating their portion of the review, but that was several months ago. The provision for joint review is in the county code only for residential, not commercial, and only for actual scoring, not exemptions. We drag them to everything. The County P&Z no longer wants to review exemptions within the City. The county staff also supports us changing the code to eliminate their involvement in exemption requests - just too small and meaningless to them. I don't know BOCC's official position. I would expect them to be on the "don't care" side of the spectrum. We will get a referral from the County on the text amendment and make sure their staff informs the BOCC. Thanks. Chris. At 04:35 PM 4/15/02 -0600, you wrote: Have you informed the BOCC of this? I don't want to get down the road with a code amendment only to have the BOCC say it knew nothing about this, and have objections. Is the provision for the joint commission only in the City code? Do we know if the BOCC cares, objects, or whatever? Thanks. Helen At 11:32 AM 4/15/02 , you wrote: City Council: Com Dev has initiated and amendment to the land use code to eliminate the County Planning and Zoning Commission review of growth exemptions within the City. This is a change that the City Council and the County P&Z both asked for and will be consistent with the County's process. The change will be reviewed by the City's P&Z in May and then by Council. Cheers. Chris Bendon, AICP Long -Range Planner City of Aspen 970.920.5072 Got Infill? http://www.aspengov.com/comdev/index.htm Obermeyer COWOP? http://www.aspengov.com/comdev/Obermeyer.htm Helen Ext. 5199 Printed for James Lindt <jamesl@ci.aspen.co.us> 2 Julie Ann Woods, 03:53 PM 05/09/2002 -0600, Re: Fwd: Re: Fwd: Re: Fwd: Re: Growth Manageme Cheers. Chris Bendon, AICP Long -Range Planner City of Aspen 970.920.5072 Got Infill? http://www.aspengov.com/comdev/index.htm Obermeyer COWOP? http://www.aspengov.com/comdev/Obermeyer.htm Julie Ann Woods, A.I.C.P./MLA Community Development Director City of Aspen 130 S. Galena St. Aspen, CO 81611 www.aspengov.com Julie Ann Woods, A.I.C.P./MLA Community Development Director City of Aspen 130 S. Galena St. Aspen, CO 81611 www.aspengov.com Julie Ann Woods, A.I.C.P./MLA Community Development Director City of Aspen 130 S. Galena St. Aspen, CO 81611 www.aspengov.com Printed for James Lindt <jamesl@ci.aspen.co.us> 3