HomeMy WebLinkAboutcoa.lu.ca.Growth Managmnt.A033-02
1""'\
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
t"""\
tl
~,
I'""',
("")
V"'e-
p.ppV'Ov~
5~O
,I
'MEMORANDUM
TO:
Mayor and City Council 0(
Julie Ann Woods, Com~unity Devel,opment Director , '.
Joyce Ohlson, Deputy DIrector", ' '
THRU:
FROM: James Lindt, Planner GL-
--...--.--....-"..---
-RE:
"Growth Management Commission Code Amendments - 2nd Reading of
Ordinance No. 17, Series of2002- Public Hearing
DATE: July 8, 2002
SUMMARY:
The Community Development Department is proposing amendments to the Appeals and Growth
Management Quota System sections ofthe 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.
I
I'""',
t")
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 of2002, 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.IS, Series of 2002
2
I'""',
f")
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,AMENDINlitHR
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
ASPENIPITKIN 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:
~
t)
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 26.4 70 ofthe 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
.".....,
t")
may waive, reduce, or defer the affordable housing mitigation as required,
pursuant to subsection Sea) below, when it finds that no employees will be
generated.
Section 26.470.070(0)(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 ofthe 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:
1""'\
r)
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 26.4 70.070(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
r\
"
,
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)(I) 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. '
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.
".....,
r)
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the lOth 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
I'""',
r-\
l
EXHIBIT A
AMENDMENT TO THE LAND USE CODE
REVIEW CRITERIA & STAFF FINDINGS
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. Stafffeels 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.
StaffFinding:
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 medicalfacilities.
3
1""'\
f1
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 tiffecting 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
AspenlPitkin 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
,-..
r-.
l
Exhibit "B"
Proposed Language. Text to be deleted is indicated in strikethrough text and text to be
added is indicated in hold 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."sl1'th MGll'IGlgement Commission. Planning and Zoning Commission. The Grov.'th
Managem@nt Commission 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 Gro'Ntn Manag@ment 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 Grov.'th
Manag@m@nt Commission 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 Gra'Nth Management Commission Planning and
Zoning Commission, City Council may waive, reduce, or defer the affordable housing
mitigation as required, pursuant to subsection Sea) 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 addsa 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.
1"""'\
~
Review is by Grov.cth HanaGement 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)(S)(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 Grov.cth ManaGement Commission 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 Gro\\cth ManaGement Commission 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 Gro'Acth Management Commission Planning and
Zoning Commission. This exemption is available provided the following conditions are
met:
2(i.470.0g0(B)(3)(b). G."owth .Vkmageme,'1t CommissioN Re~'ie:\'. f.fter the Community
Devdopment Director has lietermined that the application for exemption is complete, the
application Ehall be for'sarlieli to the Grov.cth Management Commission for review and
consideration at a public hearing. Notice of the hearinG shall be by publication (See
Section 26.30'1.060(E)). The Growth Manaf;ement CommisEion shall by resolution
approve, approve with conliitions, or disapprove the application. In the event that there
are insufficient allotments available to accommodate all applications for exempt
development, a random clra'Aqng shall be helli in accordance with the stanliards of Section
26.470.070(B)(1).
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
f"":
n
,
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 Gro\'.~.h Management Commission
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
Gro'Nth Management 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)(I) 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 Growth
Management Commission Planning and Zoning Commission. The appeal procedures set
forth at Chapter 26.316 shall apply. The Gro'J.'th MaRagement 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 Grov.'th Managem,mt
Commission Planning and Zoning Commission shall constitute the final administrative
action on the matter.
r';
f""'1
26.470.1l0(A)(I) 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
^
A
fXh'kJl'+ \\C 1/
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 <Iancec@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>
1
^
EXh I' b if \'0 r;
P168
RESOLUTION NO. 15
(SERIES OF 2002)
A RESOLUTION OF THE CITY OF ASPEN PLAi'iliING AJ.'fD ZONING
COiYIMISSION RECOMMENDiNG TIL<\T CITY COUNCIL APPROVE TEXT
AMENDiVlENTS TlL<\T AMEND MUNICIPAL CODE SECTIONS 26.316,
APPEALS, MID 26.470, GROWTH MAt'fAGEMENT QUOTA SYSTEM;
AiYlENDING THE REVIEW AUTHORITY OF THE CITY OF ASPEN PLAt'fNING
AND ZONING COiYllvlISSION TO INCLUDE ALL GROWTH MANAGEiVlENT
QUOTA SYSTEM EXEMPTION APPLICATIONS THAT ARE CURRENTLY
REVIEWED BY THE JOINT CITY OF ASPENIPITKIN COUNTY GROWTH
MANAGEMENT COiVllvIISSION, 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 Commlmity Development Director and took
public testimony on the proposed Code Amendments; and,
.WHEREAS, the Planning and Zoning Commission finds that the Code
Amendment,s 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,
YVHEREAS, the Aspen Planning and Zoning Commission fmds 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.
1""\
n
P169
, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AJ.'!D ZONING COiYIMISSION as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen MUnicipal Code,
tlle 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 Corrunission, 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 Developtnent Director on
an application for exemption pursuant to the growth management quota
system in accordance with Section 26.4 70.060(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 dorm~tory lullts
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 mixe<:l 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
~
n
P170
development, mitigation of the project's commlmity impacts ;vill 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-llse 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 dedllcted
from annual allotments or from Aspen Metro Area ceilings. Review is by
Planning and Zoning Commission. The applicant shaH 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)(S)( c), Oft'-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 ofiice uses'
An expansion of an existing commercial or office building of two hlmdred
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 shaH 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 stmcture 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']
pm
Section 26.470.0S0(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 26.470.0S0(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
accoInmodation uriits, 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 COlIDcil.
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
t"'\
.~
....<:
.,t
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.
26.470.080(D)(1) Appeal of adverse determination bV 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.
26.470.1l0(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, mliess amended by an authorized'entity.
Section 6:
This Resoh.ltion shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending tmder 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.
f",
~
pm
Approved by the Commission at its regular meeting on May 21, 2002.
APPROVED AS TO FORlVI:
PLANNING Ai'lD ZONJNG COiYIMISSION:
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
,~
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CO~E
ADDRESS OF PROPERTY: G-Mrv.s eoJe.. /t1M'{2!h..cJ.~O
SCHEDULED PUBLIC HEARING DATE: ~N /D L ,200_
STATE OF COLORADO )
) 5S.
County of Pitkin )
I, (~ 1M ~5 ,L--t (v, d +- ' (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Xpublication of notice: 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.
---4- PO'Stirzg ?f notice: By posting of notice, which form was obtained from the
ti'J' ;: 'i\'C:e>inl'll1.illlty Development Depiuiment, which was made of suitable,
"v "...:,,- "<, '.1 "~ " " , .
l ~J/" waterjirQQt"Waterial~, which .was not les~ than twenty-two (22) inches )':'ide
;,' f ,andl;Nenty-S;lx (26) mches hIgh, and whIch was composed ofletters ~t
tlc, ~ tte~s~;han 9~eijnc.h in h~ight. Said notic~ was post~d.at least fifteen (l~ days
pnor to the 'publ1c hearmg and was contmuously vIsIble from the _ day of
"v , 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)
~
r-,
K
,
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses'ofowners 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.
*QA~~
The ~;ing "Affidavit of Notice" was~wledged bef'lre ~ day
of ''--"<-- , 200~by ~<, hl
- -
..""".. "..-,'..,,,,-
".",,"'-~;c;',:~:"~B't~-bticE':~t~,;j'&r:~~~
..', "EN LAND USE CODE
RE:Crrx OF ASP 63f6 'APPEAlS; 26A7b~
MEN'f5: 'SECTlOr>l'~T QUOTA~Y~J"EM.
GtmWfHMAN!l.GEMGIVEN that a pub\ichearl~g
NOTICEJS_li~R,EB'i. - '2 t a meeting to begm
'will b-e hell:!. on July S, 200.., a city' .. Councll;COun"
.... PM 'b'fore the Aspen .." As n
at~:09,_' ..:,e 'aaU130 South Galena, .. ~ '
ell Chambers, City lication submitted by the CIty
to coo;;lder an. apPi:JeVelopment Depar;tment,
~~~o~l;~:~'llF~~;5~~:E~^
tlons, The' pro ~~heCOreVtew" aufhorltyon.. all
tend,;:<I.. .. to chi!-n 'nt .. Quota Syste;m, E)(~
lorms of Growtll NJ:anage~e the Joint City of.. Aj;
emptions lroma revi~ YM3na:gementG()l1l.!I'~~
pen/Pitkin' County Gr~::l.btY'of Aspen: p1atlu1ng
slon to, a,~I~'\')YTheproposeaco<ie
'and WRing Com:l~l:~~ the followfng Land, us~
amendments w~u" '",', ': ,>' "'>"
';i~d~,'~W:J:26;~1~:?10 APpeal~:g,urtlose ,ATTACHMENTS:
State- " '"" "
m~~~'Sec}iOn '2'li;3Hl.020(C)" ~p~o., : PlaIln~~g'
'andZ?~lrlg,com~~6W~tl(O)(2)(b) GMQS-H~torIC : OF THE PUBLICATION
-',:.',--,Sectlon} ,,',,' '" .' ','
tarid~~t~~~ri~~~70(O)(3),(b),G~Q5- H~storlc,
Landm"kExem~t~;:,'070(D)(4) GMQS. EnW,& aF THE POSTED NOTICE (SIGN)
Section 2. " , 10 ment
LI ments ~~cW~~~~~q~~~)~(~)GM?S-~,slt~
Impacts , "26470070(E)(2) CMQS-Expanslon,
SectIOn ' '",
of Commercial or Of~c;7~&) GMQS- Change in
Stkti'op26.47. "",,::"';"""""'"
use-Section,26'~7o~?~@)~~~t'GMI.'is. Growth
Managem'entCommlsSlon(B)'~(3),1 (c)'CMQS. Plan.
" Section ,26.470,080., ew
nl~g 'an~c~;~n~~~~~~6~?~rO),:.,,'..~M~:~:.~lty
Councll~evtew, " -.(O)(~) '^GMQ5-APpeal
Section~6,~7Q:08Ob 'C mmuolty Develop..
Ad.yers~,'pcle~rnl~~~1,~?,-.~ ,~.-":,'> :, ' ,,', ,"
,~ent~J~f';~~~~~GMQS-ArilEl~d.
mellfol Deyelopmefolt()rdi6ntad James .Llndt at
F<!~,!\lrther inf,ormatlon " 'ty Development De"
tile ASpen { Pitkin commuRls' Aspen, CO (970)
",' "",' t 130 South Calenat:,
partml:ln, '. ' ' ' nco:US,
92{)..5095, Jam-esl@cl/H'&Sfen'KaliriKlanderUd,MayPr
S e "AspenCityCoundl
Thites. on. June,2~,2002,;
Pu'!)llst\e(Li~,Th~~P~Jl.,,:,~::,:':,,;,:;\ ....-,~:,<':,;:;::' ,:'.::,.'
(8920) ,,' ..' ",' .." ,.
WITNESS MY HAND AND OFF'ICIAr"SEAL
ission expires: Lf /..23 !.;lc:i:::>
My co
<-
Notary Public
)VERNMENTAL AGENCIES NOTICED
BY MAIL
:,X \,
t"",
n
Vllb
MEMORANDUM
TO:
Mayor and City Council
THRU:
Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Directo~
FROM: James Lindt, Planner 0L-
RE: Growth Management Commission Code Amendments -1 ,t Reading of Ordinance
No. tf;'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
-~-.,
(j
,. ..f
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 ofthe 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. frSeries 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.lS, Series of 2002
2
(0
t")
''.',,,,,.>
ORDINANCE No.1::J-
(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
ASPENIPITKIN 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 Plamring 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:
h
n
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 ofGMQS
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 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,
/-\
("l
f
pursuant to subsection Sea) 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:
,'(")
n
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
".....,
n
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.
26.470.1l0(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 ofthe 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.
f""""
n
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 10th day ofJune, 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
r""\
n
EXHIBIT A
AMENDMENT TO THE LAND USE CODE
REVIEW CRITERIA & STAFF FINDINGS
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. Stafffeels 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
1""'\
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
r"\
,"'"""I
, .)
Exhibit "B"
Proposed Language. Text to be deleted is indicated in strihthrough teKt 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:'(n:'!h Managemel'lt CemmissieN. Planning and Zoning Commission. The Grov.'!h
Management Commission 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 Excmptions (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 deductccl from annual allotments or from Aspen Metro Area ceilings.
Review is by Grov,'!h Management Commission Planning and Zoning Commission. The
applic~mt 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 Ckov.'!h
Management Commission 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 Ckowth Management Commission Planning and
Zoning Commission, City Council may waive, reduce, or defer the affordable housing
mitigation as required, pursuant to subsection Sea) 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.
~
1"""\
" J
Review is by Gro,.,.'th 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)(S)(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 Gro'Nth Management Commisdon 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 Grov.'th Management Commission 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 usc. A change in LIse of an existing structure
between thc residential, commcrcial/otliee and tourist accommodations categories
(irrespective of direction) fOr which a Cel1ificate of Occupancy has been issued for at
least two (2) years and which that is intcnded to bc reused, shall bc 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 Aspcn Metro Area development ceilings established pursuant to
Section 26.470.030. Review is by Gro,vth Management Commission Planning and
Zoning Commission. This exemption is available provided the following conditions are
met:
26,471l.1l81l(B)(3)(b). Gr01:,th ManagemeNt CemmissioYl Review. .\fter th€ Community
Development Director has d€t€rmined that the application for exemption is complet€, the
application shall b€ forv.card€d to th€ Growth Manag€ment Commission for re'/i€w and
consideration at a public hearing. Notic€ of th€ hearing shall b€ by publication (See
S€ction 213.301.0€iO(E)). The Growth Manag€m@nt Commission shall by resobtion
approve, approv€ with conditions, or disapprov€ the application. In the €V€nt that there
ar€ insuffici€nt allotrn€nts availabl€ to accommodate all applications for exempt
developm€nt, a random drawing shall b€ h€ld in accordanc€ with the standards of S€ction
26.170.07Q(B)( 4).
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 26.4 70.080(B)( 4).
26.470.080(B)(3)(d) GMQS: City Council Review.
An application for a lot split or conversion of residential reconstmction 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 requircs a two step
process. Exemption requests for essential public facilities or for accessory uscs in a
mixed-use dcvclopment shall require rcview by the Growth Management Commission
Planning and Zoning Commission and final rcvicw by the City Council. Exemption
requcsts for affordable housing or for frce market rcsidential AH associated
dcvclopmcnts shall rcquire revicw by the Housing Board and final revicw by the City
Council. When two stcps arc 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
Growtl1 ManagemeFll 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)(I) 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 Growth
Management Commission Planning and Zoning Commission. The appeal procedures set
forth at Chapter 26.316 shall apply. The Growth Management 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 Grov.~.h Managem@nt
Commission Planning and Zoning Commission shall constitute the final administrative
action on the matter.
1"""\,
,-,
26.470.110(A)(I) 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
^
n
fXh,llJl \\C Ij
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@cLaspen.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>
1
f"'\;
n
EXhl'laif "D fJ
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 ASPENIPITKIN 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; aod,
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.
r-..
,1"""\
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
I'""',
n
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 Sea) 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(0)(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 ofthe 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:
1""1
r1
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
~
n
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)(l) 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.
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.
^
()
Approved by the Commission at its regular meeting on May 21, 2002.
APPROVED AS TO FORM:
PLANNING AND ZONING COMMISSION:
Jasmine Tygre, Chair
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
MEMORANDUM
o ~f1 Ji!$'
~+'2
. ~@C{\'c ly
~
~
tv CV3
Ck
)]1t
.JJ-
TO:
Aspen Planning and Zoning Commission
THRU:
Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Directo~
FROM: James Lindt, Planner crL
RE: Growth Management Commission Code Amendments - Public Hearing
DATE: 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 illld deletions being proposed. The code gmendmeftts 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 tha,t the: propo5ed code illUllndments 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
I
f~
r'l
~lications within t!w 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. 15, Series of 2002, recommending that City Council
approve the proposed Land Use Code Amendments to code sections 26.226, Growth
M1lIlagement Commission, 1lIld 26.470 Growth Management Quota Sygtem tll a1l6w for the
City of Aspen Planning and Zoning Commission rev,~w,~~thor~ WI; certain tyPC:s OfGMQS+-- "
Exemption Applications within the Ciry-of Aspen.'~lA~~ e,o.<:!f Vl '-L. G~l'~i! e.VI-e w
~u..V\V(euJ ~ ,~O~ Mv..V\/)6ro.UA'eL\.~
ATTACHMENTS: , (; C> (;VI W\I !; S d?V\..._
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Proposed Language
Exhibit C -- County Referral Comments
2
I""'\,
I""'\,
. f
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 ASPENIPITKIN 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
CMOS Bxemptlon 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 _ L-~ 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 ofGMQS
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
~
f)
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 Sea) 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:
r"'l
o
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 26.4 70.070(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 Commnnity 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
1""'\
o
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)(l) 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 Band 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.
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.
"......,
,-.
.;;
,
Approved by the Commission at its regular meeting on May 21, 2002.
APPROVED AS TO FORM:
PLANNING AND ZONING COMMISSION:
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
~
C"l
EXHIBIT A
AMENOMENT TO THE LAND USE CODE
REVIEW CRITERIA & STAFF FINDINGS
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 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 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 Growth Management
Exemption land use applications that are currently required to be reviewed by the joint
3
r;
t")
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
I'"
1'"'\
Exhibit "B"
Proposed Language. Text to be deleted is indicated in strikethrough 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
Growth }.lanagement Commission. Planning and Zoning Commission. The Growth
Manag@m@nt Commission 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 Gro'o';+.lJ. Manag@m@nt 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 Growth
Managem@nt Commission 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 Grow+.lJ. Manag@m@nt 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.
t"'\
('""\
J
Review is by Growth Manag@m@nt 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)(S)(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 GrO'N'.h Manag@m@nt Commission 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 Growth Manag@ment Commission 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 Growth Management Commission Planning and
Zoning Commission. This exemption is available provided the following conditions are
met:
2/i.470.0S0(B)(3)(b). Gre1l'th Management Cemmissien Re~'iel'.'. .^.ft@r th@ Community
D@v@lopment Director has determined that the application f-or exemption is complete, the
application shall b@ for.varded to the Growth Management Commission for review and
consid@ration at a pllblic hearing. Notice of the hearing shall be by publication (Se@
Section 2€i.304.0eO(E)). Th@ Growth Manag@ment Commission shall by resolution
approve, approve with conditions, or disapprove th@ application. In the event that there
are insuffici@nt allotments available to accommodat@ all applications for exempt
d@'/€lopment, a random dra',,4ng shall b@ held in accordanc@ ",4th the standards of Section
26.170.070(B)(1).
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
^
t1
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 Growth Management Commission
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
Growth Management 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)(I) 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 Growth
Management Commission Planning and Zoning Commission. The appeal procedures set
forth at Chapter 26.316 shall apply. The Growth Management Commissioll 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 Growth Management
Commission Planning and Zoning Commission shall constitute the final administrative
action on the matter.
^
~
26.470.1l0(A)(I) 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
~
f'I
EXh,1JJ'+ i\C ij
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 200221 :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>
1
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
SCHEDULED PUBLiC HEARING DATE:
,200_
_ Mailing of notice. By the mailing ofa notice obtained from the Community
Development Department, which contains the inforination described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the
public heuring, notice was hand delivered or mailed by first class, postage prepaid'
U.S. mait to all owners of property within three hundred (300) feet of the property
subject to the development application, and, at least fifteen (15) days priorto the
public heuring, notice was hand delivered or maited 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 6fthe public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
........~
(continued on next page)
,
..n
~
Rezoning or text amendment. \Vhenever the official zoning district map is in
any way tobe changed or amended incidental to or as part of a ge[leral 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 llse '
regubcion. or otherwise, the requirement of an aCCLtrate survey map or other
sllfficient 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 hOLlrs for fifteen (IS) days
prior to the pLLblic hearing on sLLch amendments.
,
The foregoing "Affidavit of Notice" was a~vledged before me thiS~~
of 'YYI~ ,200k,by J~ h,..;::::;:;J:: ,
".~",~.,. "'~""""'t1'y;..",~31;':'~J!>""iii9'~'":""'-~-
'::, (PQBLlCNOTICE",~' : " .
'~E: .9TY 9f' ~J>_~~f, D USE cp~t ~~Q-:.
MENTS:"'~Et:Ti9tt ':2,~.: 16._" A~P,E,ALS, ",~~:4J?,
GRqWTHM~fi:_ ,,~__,,_., O~TASVSTE~.
NOTlC:E IS ,~E~BY,~4IV'E" "t~at"~'i'ublj~ ,~earlng
will be l!e1t:i onM~)"21.'~~, '~f\~e~~ng,~o l>~
gi]1~af'4:3~:';~f'~j~e._,~~e;,t;sg;~J~J~n.in!f~and
Zoning CommlssI6~,COun.€!Lt;}i~~~~s~SI~)',~~11
130 'South ,qal~_a\Aspen. :t~}:on:;,!g~!_,!ln ~1?~li~a-,
'.: tiO~ SUb'ITIltfedc~~'tJle}~1ty ofASj:iim C~mmunity
rn;velopment'Deparfment'.'l"equesting .{ippr(JV~1
lor a proposed'CO<:l~ ~"e!J~m"7.~,&;2;;.;1f~1J1,:.,~'ll~
reviEiW"~wf~,?rltY'?~ali'.,lo~..llf'.,r<1~:s,~~,,.~~~,
ment'Q~cita 'System EXemptions. The proposed
co?e' ~~e.n.gmE;~!~:,~~,l~t~~'~;o,flI4~Gi'?,-lo~~~gMlMag'~~
view'authorlty on, all (or~ ,"., ',-'Co'""'-"""""""""""'-
:rtI~nt11iJ6t'ii: :System'Exemptlons.~rom 'a~yl~~by,
:'tfie"''iqtnf'tity -'ofASpen/PitkinCo,uI1ty Gr(lwth
-'liifan.igem"ent 'Cominl~!ilon"~o,.H~yi~~ ,b~,,~:City
'-""df Aspen'plannlrigand 'Zoning' Com~:~MsIoll; !2~
'>';~'r6~se(rcoa'e"ifuen(hhen.!s)"o.ll',~3fl~c,tth~, f?h
",P".-'.t;:.~.."_;s.,".,:",...",.",;...,,,;,._},,'4'-""'''=M.;'l''_~,
lowing land ()~e~~e:;;~~,t"]9,f,';~;"f',,_,,, ."'".,:,..,, , ,
"=~oii.'2'6'.3l6.010. . Appea,ls. PUrposeState,ment A TT ACHlVIENTS:
-","S~0n26~YIr<<~6-(C) APpear~PI~~&~rg -and~Qn~
1ngCcimmlssYdi:t"'"'~:--'"''''''''''',~"",.'''-'r''''''''~'''''"''.c,,-'~",",f
)(2)(b )GMQS: ,lnstoris}~~n1~
, w~""_;_,_".' Y OF THE PUBLICATION
~(3)(b) GMQS-.HistorlcLanl:i~
.":.~:.''''''i:"0:'',(,<"-,~"",,,,~c''''W,1'''''''':>''';~'''
'~~;;}d{1~1~~~:ntG,~~..:~~!:~:n"'l OF THE POSTED NOTICE (SIGN)
"':SeCt[~#~'i6::419~,Q~!~!~?:'::9;1_8~;~!L.~I;~:,,I~; .'
"Pacts
WITNESS MY HAND AND OFFICIAL SEAL
;; ,~p""y
Notary Public
264,70,07000(2) GMQ'i- bpan,'on OljND GO VERNj'y/ENT AL AGENCIES NOTICED
fal or(lfrn;~ ~~b;~f'~~~g~'bl~~~'.":,c':" _ B Y i'rL4IL .
)(3)i:bJ"'GMQS- ,GrQ'-\1th Ma":;,
r/Revl~C>~"~""~"';'~;~;
',$l'Sectlon "'(:f1(C)~UQ&:'Pfanning and'
;:?:"'("""O"~' . ,~,:R;eq~~~'~~<<~~~'::>'o",',""','"
,{;,~~:~~ '26AiO;08'0iB5(3)(d)-' 'G~s::'tiiftoun'ciI
.,""." ,,,' "''''''''-''';'i.;:~,''!Ht'''-,*",~,''\~,\0-\))!?'.~;:''::::Y''/':''''...~.~,,~,,'.-t
-'''.~..;. "..'<~'~'
ioi'SectioW:':tli'A7trifo'(i.)(i) gMQS-Amendl11lmt.,o{
~1)~~~dtd~-~'~~,~'-:~;;;~<:r,~~,~~~
~oi-'~(~rt:her"lnf9~~~I~~':~c'o!1tact Jal11es Llnd~__,~~;,
hlie p.spen(Ntklh"CorlI'nitTniiY D'evei8prttenYne-
.. 'pahi-n'ent,:,l~~,South Ga\e~aSt., AsP:.": C:9 (970)
92Q-5095;JalifeSl@<:l.aspen:co.tlS':'~;:; __ ":-:, ,
"" '.. "-..,:,, .s/J,asm.IIl~'I?'gr,e,Chalr
nlng'inai~~lnf('CO!iim1~si~~s
, _:'In)'fie'~pen~i~~,SOr~t.fay; 1':,~,~,\
-w"":,,,,,. "---<,-w:""',;:"~;?o\;,,,,\'j*'"
".....,
,-....
., .;~
-.
Julie Ann Woods, 03:53 PM 05/09/2002 -06()0,~e: Fwd: ~e:F,!"d:,Re:E,!"d.: ,R.e.: Gro.\YthlVlanageme
X-Sender: juliew@comdev
X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58
Date: Thu, 09 May 200215:53:37 -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 200213:36:26 -0600
To: James Lindt <jamesl@ci.aspen.co.us>
From: Lance Clarke <Iancec@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 200213:57:31 -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--Iel';s make sure we cover our bases with the county. JA.
I
X-Sender: chrisb@comdev
X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.2
Date: Mon, 15 Apr 200216:47:41 -0600
Printed for James Lindt <jamesl@ci.aspen.co.us>
1
I.....\
~
....'
Julie Ann Woods, 03:53 PM05f09/2002 -0600; Re:Fwd: Re: FvVd:R~:Fvvc:l: Re: Grol/Vth Manageme
To: Helen Klanderud <helenk@cLaspen.co.us>
From: Chris Bendon <chrisb@cLaspen.co.us>
Subject: Re: Growth Management Commission
Cc: juliew@cLaspen.co.us, jamesl@cLaspen.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
1""'\
, ,
~
j
Julie Ann Woods, 03:53 PM 05/09/2002 -0600, Re: Fwd: Re: Fwd: Re: Fwd: Re: Gro\l\lthManageme
Cheers.
Chris Bendon, AICP
Long-Range Planner
City of Aspen
970.920.5072
Got Infill? hltp://www.aspengov.com/comdev/index.htm
Obermeyer COWOP? hltp://www.aspengov.com/comdev/Obermeyer.htm
Julie Ann Woods, AI.C.P.lMLA
Community Development Director
City of Aspen
130 S. Galena Sl.
Aspen, CO 81611
www.aspengov.com
Julie Ann Woods, AI.C.P.lMLA
Community Development Director
City of Aspen
130 S. Galena Sl.
Aspen, CO 81611
www.aspengov.com
Julie Ann Woods, AI.C.P.lMLA
Community Development Director
City of Aspen
130 S. Galena Sl.
Aspen, CO 81611
www.aspengov.com
Printed for James Lindt <jamesl@ci.aspen.co.us>
3