HomeMy WebLinkAboutresolution.apz.010-2024RESOLUTION #10
SERIES OF 2024
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING APPROVAL BY CITY COUNCIL FOR THE AMENDMENT OF
CITY OF ASPEN LAND USE CODE SECTION 26.470 -GROWTH MANAGEMENT
QUOTA,SYSTEM, AND SECTION 26.212.010.F-POWERS AND DUTIES FOR THE
PURPOSE OF CONFORMING WITH THE PROVISIONS OF COLORADO HOUSE
BILL 23-1255
WHEREAS, the City of Aspen has for more than 40 years, regulated growth and mitigated
the impacts of development utilizing the Growth Management Quota System (GMQS); and,
WHEREAS, the Land Use Code, and particularly, aspects of the GMQS have been
regularly amended in response to community interests as expressed in the Aspen Area Community
Plan; and,
WHEREAS, across this history of Land Use Code amendments, elements of and references
to the GMQS have been included within various chapters of the Land Use Code; and,
WHEREAS, on June 7, 2023, the Colorado State Governor adopted HB23-1255, titled
Regulating Local Housing Growth Restrictions; and,
WHEREAS, on June 20, 2023, City Council passed Ordinance #11, Series of 2023
adopting a temporary, nonrenewable anti-growth law for the purpose of amending or developing
land use plans covering residential development for a two-year period; and,
WHEREAS, on August 7, 2023, HB23-1255 became effective; and
WHEREAS, this state law preempts local jurisdictions from implementing or enforcing
"anti-growth" land use or building permit limitations for residential development with the intention
of encouraging affordable housing in communities across Colorado; and,
WHEREAS, the passage of the state law invalidates components of Aspen's Land Use
Code, in particular, the annual allotment system for residential development within GMQS; and,
WHEREAS, Community Development staff has thoroughly evaluated the intersection of
HB23-1255 with Aspen's Land Use Code and the specific provisions of the GMQS and
recommends a response that brings the Land Use Code and provisions of.GMQS into compliance;
and,
WHEREAS, Community Development staff proposed edits to GMQS, removing all
mentions and interrelated subsections which reference the annual allotment system for residential
development; and
P&Z Resolution #10, Series of 2024
Response to Colorado HB23-1255
Page 1 of3
WHEREAS, this Ordinance does not alter policy outcomes within the Aspen's Land Use
Code outside of the deletion of said residential allotments. The sole effect of this Ordinance is to
bring the code into full conformance with Colorado HB 23-1255; and
WHEREAS, Community Development has presented and discussed this issue with the
Planning & Zoning Commission; and,
WHEREAS, at a regular meeting on October 15, 2024, the Planning & Zoning
Commission considered the amended code, and reviewed staffs memo, and by a five -zero (5-0)
vote approves Resolution # 10, Series of 2024, recommending Council consideration and approval
of amending Section 26.4 70 -Growth Management Quota System and 26.212.01 0.f-Powers and
duties .
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO THAT:
Section 1:
The Planning & Zoning Commission recommends the Land Use Code Section 26.470 -Growth
Management Quota System, be rescinded and readopted as follows in Exhibit A.
Section 2:
Section 26.1212. OJ Of-Powers and duties, shall be rescinded and readopted as follows:
(f) To review and grant allotments for office, commercial and lodge pursuant to growth
management quota system (GMQS), pursuant to Chapter 26.470.
Redlines are in Exhibit B.
Section 3:
Any scrivener's errors contained in the code amendments herein, including but not limited to
mislabeled subsections or titles, may be corrected administratively following adoption of the
Ordinance.
Section 4:
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such prior
resolutions or ordinances .
Section 5:
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.
P&Z Resolution #10, Series of 2024
Response to Colorado HB23-1255
Page 2 of3
FINALLY, adopted, passed, and approved this 15 th day of October 2024.
Approved as to form: Approved as to content:
A ttr~A. (;L-
~. ~sa McGovern, ~hair
Attest:
Attachments:
Exhibit A-Section 26.470 Amendments with redlines
Exhibit B -Section 26.202.010.f Amendments with redlines
P&Z Resolution #10, Series of 2024
Response to Colorado HB23-1255
Page 3 of3
Exhibit A
Chapter 26.470. -GROWTH MANAGEMENT QUOTA SYSTEM (GMQS)
Sec. 26.470.010. -Purpose.
The purposes of this Chapter are to: (a) implement the goals and policies for the City
and the Aspen Area Community Plan; (b) ensure that growth and development occurs
in an orderly and efficient manner in the City; ( c) ensure sufficient public facilities are
present to accommodate growth and development; ( d) ensure that growth and
development is designed and constructed to maintain the character and ambiance of the
City; ( e) ensure the presence of an adequate supply of affordable housing, businesses
and events that serve the local, permanent community and the area's tourist base; (f)
ensure that growth and development does not overextend the community's ability to
provide support services, including employee housing, traffic control and parking; and
(g) ensure that the resulting employees generated and impacts created by development
and redevelopment are mitigated by said development and redevelopment.
(Ord. No. 13-2022 , § 7, 6-28-2022)
Sec. 26.470.020. -Terminology.
Category
1. Residential Uses
A. Residential -
Free-Market
i. Single-family
and Duplex
Demolition
B . Residential -
Affordable
Housing
2. Commercial
(a) Growth management year. A year period, lasting from January 1 through December
31, which constitutes the time period that each year's development allotments are
available.
(b) Development categories. All development falls into one (1) of four ( 4) land use
categories, which are outlined in Table 1. Table 1 establishes the development
categories and units of allocation for each category for purposes of administering
this Chapter.
Description Allocation Units
Dwelling units intended exclusively for residential purposes, not subject to any residency requirements and not Dwelling units
including hotels, or lodging. Units may be in the form of single-family, duplex, multi-family or part ofa mixed-
use structure. (See definitions of Residential use and Dwelling, Sections 26 .104 .100 and 26 .104 .110 .)
Dwelling units that are demolished and redeveloped pursuant to Chapter 26 .580 and subject to Section Dwelling units
26.470 .090 . These allotments are a subset of the total Residential, Free-Market allotment total. (See definition
of Demolition, Section 26 .104 .100 )
Dwelling units intended to house only local working residents that are deed restricted according to the Dwelling units
Aspen/Pitkin County Housing Authority Guidelines . Units may be in the form of single-family, duplex, multi-
family, dormitory or part ofa mixed-use structure. (See definition of Affordable housing, Sections
26 .104 .100 and 26 .104 .110 .)
Buildings, or portions thereof, supporting office, retail, warehousing, manufacturing, commercial recreation, Net leasable square feet
restaurant/bar or service oriented businesses, including retail and office uses but not including hotel or lodging
uses. (See definition of Commercial use, Sections 26 .104 .100 and 26 .104 .110 .)
Category Description Allocation Units
3 . Lodging Build ings, or portions thereof, used to house a transient tourist population on a short-term basis, including Lodging pillows . (Each
lodges, hotels, motels, bed and breakfasts, and timeshare development. (See definition of Hotel, Sections lodging bedroom shall be
26 .104 .100 and 26 .104 .110 .) considered to be two (2)
pillows.)
4. Essential Public Facilities serving essential public purposes used by or for the benefit of the general public and serving the needs Square feet
Facilities
(c)
of the community. (See definition of Essential public facility , Sections 26 .104.100 and 26 .104 .110 .)
Table 1, Development Categories.
TABLE 1, Development Categories.
( d) Annual development allotment. Each growth management year's potential growth
within the City, applied to each type of land use. This is a unit of measurement applied
to each type of applicable land use that, if granted, allows the specific development
proposal to move forward in the review process. The number of development
allotments for each land use is established in Table 2 below. See also Section
26.4 70.040 , Allotment Procedure.
( e) Carry -forward allotment. The number of unused and unclaimed growth
management allotments for each type of development that the City Council determines
should be brought forward, or rolled-over, into the next growth management year.
Procedures for carry-forward are established in Section 26.470.120 , Yearly Growth
Management Accounting Procedures.
(f) Full time equivalent (FTE). A unit of measurement standardizing the workloads of
employees. In this Chapter, FTEs refer to the number of employees generated or housed
by development.
(Ord. No. 13-2022 , § 7, 6-28-2022)
Sec. 26.4 70.030. -Applicability and prohibitions.
This Chapter shall apply to all development in the City unless exempted in Section 26.470.070 ,
Exempt Development.
(a) Number of development applications. No more than one (1) application for growth
management allotments on any one (1) parcel shall be considered concurrently. To
submit a new application, any active growth management application for the same
property must be vacated.
(b) Number of growth management allocations. No more than one (1) project shall be
entitled to growth management allotments on any one (1) parcel concurrently. In order
to entitle a different project on the same parcel , existing growth allotments must be
vacated. (Also see Section 26.4 70.150 , Amendment of a Growth Management
Development Order.)
( c) No automatic "resubmission" of growth management applications. Applications
shall only be eligible for growth allotments within the growth management session in
which they are submitted and shall not automatically become eligible for allotments in
future sessions or future years. Applications must be resubmitted in order to be eligible
for allotments in the next session or next year, as applicable. Resubmission shall effect
a new submission date.
( d) Subdivision and other required land use reviews. Projects requiring additional land
use reviews, including Conceptual Commercial Design Review, pursuant to Chapter
26.412 , Commercial Design Standards, Conceptual Review by the Historic Preservation
Commission, pursuant to Chapter 26.415 , Historic Preservation, Project Review or
Detailed Review, pursuant to Chapter 26.445 , Planned Development, and Subdivision,
pursuant to Chapter 26.480 , Subdivision, may be reviewed concurrently with review for
growth management, pursuant to Section 26.304.060 (b)(l).
(e) No partial approvals. In order for a project to gain approval, sufficient allotments
for every element of the project must be obtained. No partial approvals shall be granted.
In circumstances where a proposal requires allotments be granted for various types of
uses within the project, the reviewing body shall not grant approval unless allotments
for every type of use are available. For example: If a proposal requires that allotments
be granted for free market residential units, lodging, affordable housing units and
commercial space, and there are no remaining allotments for lodging free market
residential for the year, the project shall be tabled until such time as allotments are
available. In the above example, the project shall be tabled in total and not granted
allotments for the affordable housing units or the commercial space. Similarly, a project
requiring ten thousand (10,000) square feet of commercial allotments when only five
thousand (5,000) square feet of commercial allotments remain shall be tabled until such
time as allotments are available. Also see multi-year allotments below.
(t) Multi-year growth allotments. Projects requiring development allotments in excess
of the annual allotment may be granted a multi-year allotment, pursuant to Section
26.470.1 l0(a), or may gain allotments over a multi-year period, provided that the
allotment gained in any one (1) year shall not exceed the annual allotment.
(g) For example, a project requesting fifty thousand (50,000) square feet of commercial
space may request either a one-time, multi-year allotment of fifty thousand (50,000)
square feet or may request approval in the first year for twenty-five thousand (25,000)
square feet and request approval for the remaining twenty-five thousand (25,000)
square feet in a subsequent year through a multi-year allotment.
Gaining allotments in any year shall not guarantee that allotments will be granted in later years
for the same project. Projects requiring a multi-year allotment shall not be granted a
development order until all elements of the project have been granted allotments. If the design
of a project changes prior to receiving the full allotment needed for a development order, the
reviewing body shall determine if the changes are acceptable or if the change invalidates the
previously granted allotment and requires a resubmission for allotments. Applications for each
year's allotment need to be submitted, and there shall be no preferential status given to a
project granted partial allotment.
Projects that do not require allotments in excess of the annual allotment shall not be eligible to
gain partial allotments. See No partial approvals above.
(h) Non-assignability of growth allotments. Development allotments obtained pursuant
to this Chapter shall not be assignable or transferable independent of the conveyance of
the real property on which the development allotment has been approved.
(i) No reduction in mitigation requirements. Notwithstanding Section 26.4 70.110 ( d),
Essential Public Facilities, an applicant may not request a reduction in the mitigation
requirements of this Chapter. Prope11ies requesting historic designation pursuant
to Chapter 26.415 , Historic Preservation, may be exempt from this provision, provided, '
however, that any reduction is reviewed and approved by City Council.
(j) No combination of multiple affordable housing requirements allowed. Whenever
multiple affordable housing mitigation requirements are required each housing
requirement shall be met. For example: A mixed-use project may require two (2)
affordable housing units to mitigate an increase in commercial employee generation
and two (2) affordable housing units to mitigate commerc ia l free market residential
development. In this case, four ( 4) affordable housing units are required.
(Ord. No. 13-2022 , § 7, 6-28-2022)
Sec. 26.470.040. -Allotment procedures.
(a) General. Aspen area residents have determined that growth and development must
be managed to ensure long-term negative consequences associated with development
redevelopment and its impacts are minimized. One (1) of the broad themes of the 2012
Aspen Area Community Plan (AACP) is to "manage future development so that it
contributes to the long-term viability of a sustainable, demographically diverse visitor-
based economy and a vital year-round community." To implement these goals, the
community has established a two (2) percent growth rate that can be accommodated
without compromising community character. The AACP suppo11s a "critical mass of
year-round residents" to be housed while maintaining our community character and
way of life. Therefore, the Growth Management Quota System does not limit the annual
growth rate of affordable housing, while all other types of commercial and lodging
development shall be limited to not exceed a two (2) percent annual growth rate. In
order to address continued community growth concerns, a growth limit of one-half (0.5)
percent has been implemented for new free market residential development and the
demolition and replacement of existing free-market residential single-family and duplex
dwellings.
(b) Existing development. The following tables describe the existing (as of March 2007)
amount of development in each sector used as a "baseline" in establishing annual
allotments and development ceilings. 1
EXPAND
Commercial Development Within the City (square feet)l
Commercial use "class" Leasable square feet for class
Merchandising 365,486
Lodging 2 19,950
Offices 113,207
Recreation 179,824
Special purpose 144,777
Warehouse/ storage 149,814
Multi-use 208,331
-
Commercial Condos 483,549
Total commercial: 1,664,938
2% Annual growth rate for commercial development 33,300
EXPAND
Residential De,1elepment Within the Gi~' (unitsj
PFepe~' ~ipe Resieenees in elass
£iHgle familJ' ~
9tt13lcm ef triple* :1 +9
Mttlti HRits 4 g4 4)
MHlti HAits 94= +e
GeRaemiRiHffiS ~
9HJ3le~t eeRaes ¼6
MaRttfaetl:lrea ±9
Paftial EHHHH:J3t +
'.fetal fesiaeRees: 4,-909
~~eH:e*empt afferaaele heHsiA:g HA:its ~ ~
'.fetal free 1'HaflEet fesiaeHees ~
Q.§% Amrnal gFel~1'4h rate :fef :ffee l'Har1Eet resieeRtial aeltele131flettt ) 8.9 HHits
EXPAND
Lodging Development Within the City (Pillows)
Total lodging pillows: 7,500
1.5% Annual growth rate 112.5 pillows
1 Source: Pitkin County Assessor, March 7, 2005
2 Lodge unit square footage removed from total. Commercial space within lodge developments
estimated through City records .
.;-Single ovmership duplex and triplmc ,mits . Tv;o (2) units per property owne1rship estimated.
4-Single ovmership apartment buildings. Residence count reflects actual number of units
recorded \Vith /\ssessor.
* A total of one thousand eight hundred fifteen (1,815) residences within the City are deed
restricted affordable housing. Of these units, several are considered tmc ex.empt and are not
included in the Assessor's counts. These units are rental affordable housing ovmed by the City,
APCHt\. or tax mcempt nonprofit organizations. Therefore, only the noneJcempt units have been
s,1btracted from the Assessor's total residences to determine the number of free market
residences .
Annual development allotments. The Growth Management Quota System establishes annual
development allotments available for use by projects during each growth management year.
The Community Development Director shall calculate the development allotments available
for each type of land use as follows:
EXPAND
Available development = annual + Carry-
allotments allotment forward
allotment
from prior year
The following annual allotments are hereby established:
Table 2, Development Allotments
EXPAND
Development Type Annual Allotment
Resieential Total !2ree MarlEet 19 units divided as follows:
~tew Resiclential (Subdi\iision and multi famil:Y ,mits) 13 units
Development Type Annual Allotment
Single -Family and Duplex Demolition and 6 units *
Redevelopment
Residential -Affordable Housing No annual limit
Commercial 33 ,000 net leasable square feet
Lodging 112 pillows
Essential public facility No annual limit
* Six (6) Demolition and Redevelopment Allotments represent City Council direction
related to an annual average of Single Family and Duplex demolition permits issued
between 2013 and 2021.
Note, the annual allotment may be reduced if multi -year allotments are granted by the
City Council. Upon a denial of the project and the completion of any appeals, where it
is found the denial was appropriate , the project's allotments shall not be considered
granted and shall be returned to the available allotment pool for the remainder of the
year. Allotments shall be considered vacated by a property owner upon written
notification from the property owner.
( c) Allocation procedure. Following approval or approval with conditions, pursuant to
the above procedures for review, the Community Development Director shall issue a
development order pursuant to Section 26.304.080 , Development Orders. Those
applicants having received allotments may proceed to apply for any further
development approvals required by this Title or any other regulations of the City.
( d) Expiration of growth management allotments. Growth management allotments
granted pursuant to this Chapter shall expire with the expiration of the development
order, pursuant to the terms and limitations of Section 26.304.080 , Development
Orders. Expired allotments shall not be considered valid, and the applicant shall be
required to re-apply for growth management approval. Expired allotments may be
added to the next year's available allotments at the discretion of the City Council,
pursuant to Section 26.470.120 .
(Ord. No. 13-2022 , § 7, 6-28-2022)
Sec. 26.470.050. -Calculations.
(a) General. Whenever employee housing or fee-in-lieu is required to mitigate for
employees generated by a development, there shall be an employee generation analysis of the
proposed development. Unless otherwise specified by this Chapter, the employee mitigation
requirement shall be based upon the total employee generation of the proposed development.
Except as specifically identified for Commercial Redevelopment, there are no credits granted
during redevelopment.:. Additionally, credits are not given for changes between the land use
categories outlined in Table 1. For instance, a change in use from commercial net leasable area
to free-market residential units does not generate a credit.
(b) Employee generation rates.
(1) Non-residential uses. Table 3 establishes the employee generation rates that
are the result of the Employee Generation ·study, an analysis sponsored by the
City during the fall and winter of 2012 considering the actual employment
requirements of over one hundred (100) Aspen businesses. This study is
available at the Community Development Department. Employee generation is
quantified as full-time equivalents (FTEs) per one thousand (1,000) square feet
of net leasable space or per lodge bedroom.
Table 3, Employee Generation Rates
Zone District Employees Generated per 1,000 Square Feet
of Net Leasable Space
Commercial Core (CC) 4.7
Commercial (C-1)
Neighborhood Commercial (NC)
Commercial Lodge (CL) commercial space
Lodge (L) commercial space
Lodge Preservation (LP) commercial space
Lodge Overlay (LO) commercial space
Ski Base (SKI) commercial space
Mixed-Use (MU) 3.6
Service Commercial Industrial (S/C/I) 3.9
Public 1 21
Lodge Preservation (LP) lodge units 0.3 per lodging bedroom
Zone District Employees Generated per 1,000 Square Feet
of Net Leasable Space
Lodge (L), Commercial Lodge (CL), Ski Base (SKI) and
other zone district lodge units
0.6 per lodging bedroom
EXPAND
1 For the Public Zone, the study evaluated only office-type public uses, and this
number should not be considered typical for other non-office public facilities.
Hence, each Essential Public Facility proposal shall be evaluated for actual
employee generation.
Each use within a mixed-use building shall require a separate calculation to be
added to the total for the project. For commercial net leasable space within
basement or upper floors, the rates quoted above shall be reduced by twenty-five
(25) percent for the purpose of calculating total employee generation. This
reduction shall not apply to lodge units.
For lodging projects with flexible unit configurations, also known as "lock-off
units," each separate "key" or rentable division shall constitute a unit for the
purposes of this Section, such that employee generation is assessed on the
configuration with the most number of rentable units. Timeshare units and
exempt timeshare units are considered lodging projects for the purposes of
determining employee generation. Free-market residential units included in a
lodge development and which may be rented to the general public as a lodge
unit, shall be counted as a lodge key in the calculation of employee generation.
(2) Residential uses. Employee Generation rates for Residential Uses (single-
family, duplex and multifamily have been similarly established. Depending on
the nature of development, ( examples: new construction on an existing lot,
creation of a new subdivision, expansion of Floor Area, or Demolition),
different methodologies have been established and are identified and defined
in Sections 26.470.090 and 26.470.100 .
Table 4, Employee Generation Rates for Residential Uses
EXPAND
Residential Use Employees Generated
All free-market residential use types 0.107 per 1,000 square feet of Mitigation Floor Area
a. The residential employee generation rates are based on a study of
employment generation of Aspen residences, from both initial
construction and ongoing operation, performed by RRC Associates
of Boulder, Colorado, dated June 17, 2022.
The following methodology (as depicted in a comprehensive report
conducted by RRC in Summer of 2022) was used to determine the
above employee generation rate:
1. The calculation of construction labor required for building
and remodeling residential units. Labor was calculated
assuming employees have more than one (1) job (as
outlined in the Regional Housing Study completed in
2019 by RRC), and divided over a forty-year career. One
hundred (100) percent of the construction employment
generation is included in the adopted rate.
ii. ii. The calculation of operational employment for
residential units. The adopted rate included twenty-five
(25) percent of the operational employment generation.
b. The calculation of Mitigation Floor Area for the purposes of
determining employee generation and required mitigation shall be based
on the definition of "Mitigation Floor Area" in Section 26.104.100 ,
Definitions, and further discussed in Section 25.575.020(d).
c. For new construction on a vacant lot, all Mitigation Floor Area shall
be included in the calculation of employee generation and required
mitigation.
d. For redevelopment or renovation of an existing single-family, duplex,
or multi-family unit that does not meet the requirements of Demolition
(Chapter 26.580 ), only new, additional Mitigation Floor Area shall be
calculated towards employee generation and required mitigation,
pursuant to Sections 26.470.090 (a) and (b).
e. The calculation of the Employment Generation shall be assessed per
dwelling unit. Duplex, triplex, fourplex, or multi-family dwelling units
do not combine their Mitigation Floor Area for one (1) calculation.
( c) Employee generation review. All essential public facilities shall be reviewed by the
Planning and Zoning Commission to determine employee generation, pursuant
to Section 26.4 70.110 ( d). In addition, any applicant who believes the employee
generation rate is different than that outlined herein may request an employee
generation review with the Planning and Zoning Commission during a duly noticed
public hearing, pursuant to Section 26.304.060 (e). In establishing employee generation,
the Planning and Zoning Commission shall consider the following:
(1) The expected employee generation of the use considering the employment
generation pattern of the use or of a similar use within the City or a similar
resort.
(2) Any unique employment characteristics of the operation .
(3) The extent to which employees of various uses within a mixed -use building
or of a related off-site operation will overlap or serve multiple functions.
( 4) A proposed restriction requiring full employee generation mitigation upon
vacation of the type of business acceptable to the Planning and Zoning
Commission .
(5) Any proposed follow-up analyses of the project (e.g., an audit) to confirm
actual employee generation . The requirements of any proposed follow-up
analysis shall be outlined in a Development Agreement, pursuant to Chapter
26.490 .
(6) For single -family and duplex development and redevelopment, Employee
Generation Review shall be only available for projects that can show evidence
that mitigation was previously provided using physical units ( on -site or off-site)
which are currently deed-restricted and house APCHA qualified residents. The
Planning and Zoning Commission will compare the mitigation provided at the
time of the unit's deed restriction with the mitigation currently required for •
redevelopment using FTEs (Full -time Equivalents) as the basis for comparison.
P&Z review shall ensure that any previously provided unit remains consistent
with the intent of current APCHA regulations and standards and applicable
provisions of the Land Use Code .
( d) Employees housed. Whenever a project provides residential units on or off site the
schedule in Table 5 shall be used to determine the number of employees housed by
such units:
Table 5, FTEs Housed
EXPAND
Unit Type Employees Housed
Studio 1.25
One-bedroom 1.75
Two-bedroom 2.25
Three-bedroom or larger 3.00, plus .5 per each additional bedroom
Dormitory 1.00 employee per 150 square feet of net livable space
(e) Employee housingfee-in-lieu payment. Whenever a project provides employee
housing via a fee-in-lieu payment, in part or in total, the amount of the payment shall be
based upon the following (fee-in-lieu is only allowed for Categories 1-4, Category 5 is
included for any necessary conversions between affordable housing unit types or for the
purpose of conversions in the value of Ce1iificates of Affordable Housing Credits):
EXPAND
Fee-in-Lieu (per FTE):
Category 1: $459,878
Category 2: $424,288
Category 3: $389,595
Category 4: $341,346
Category 5: $282,174
Payment shall be calculated on a full-time-equivalent employee (FTE) basis according
to the Affordable Housing Category designation required by this Title. Unless
otherwise stated in this Title or in a Development Order, Fee-in-Lieu payments shall be
collected by the City of Aspen Building Department prior to and as a condition of
Building Permit issuance.
The Fee-In-Lieu rates shall be updated every five (5) years and adopted by City Council
ordinance. This five-year update shall evaluate and include cost analysis of new private
and public sector affordable housing projects that have been completed or are otherwise
appropriate since the previous update. During the intermediate years, Community
Development staff shall propose to City Council an annual update (in January) to the
Fee-in-Lieu schedule via Ordinance, utilizing the most recent National Construction
Cost Index provided by the Engineering News Record. If the annual increase is
approved, updated Fee-in-Lieu figures shall be rounded to the nearest dollar. The
annual update proposed in the intermediate years does not require a Policy Resolution
prior to First and Second Reading.
The following methodology (as depicted in a comprehensive report conducted by
TischlerBise, Affordable Housing Fee-in-Lieu Study, Phase II in Spring of 2021) was
used to determine the above Fee-in-Lieu schedule:
(1) Utilizing recent public sector, private sector, and public private paiinership
affordable housing projects, staff and the consultant team identified actual land
and construction (hard and soft) costs for a number of recent projects and land
purchases.
(2) Costs for both land and construction were analyzed by project to the square
foot of net livable development and averaged across the projects. Using the
Code determined calculation of four hundred ( 400) square feet per full time
equivalent (FTE) employee, a total cost of constructing affordable housing per
FTE was identified.
(3) Utilizing the Aspen Pitkin County Housing Authority (APCHA) Guidelines,
established sales and rental rates by Category and bedroom count were used in a
calculation to identify the revenue per FTE. Two (2) important assumptions
were included for the rental revenue stream: a) revenue (rental income) was
calculated over a fifteen-year period with a two (2) percent annual increase in
the rental rate; and b) rental revenue was reduced by fifty (50) percent to
acknowledge common maintenance and operations costs. Sales and Rental
Revenue were then averaged per FTE.
( 4) The per FTE revenue amount for each Category (identified in #3 above) was
subtracted from the total development cost per FTE (identified in #2 above).
The remainder of each calculation subtracting the Category revenue from the
total cost per FTE results in the Category Fee-in-Lieu schedule above.
(t) Employee/square footage conversion. Whenever an affordable housing mitigation
requirement is required to be conve1ied between a number-of-employees requirement
and a square-footage requirement, regardless of direction, the following conversion
factor shall be used: 1 employee = 400 square feet of net livable area.
(g) Accessory dwelling units as mitigation units. Accessory dwelling units, approved
pursuant to Chapter 26.520 and which are deed-restricted as "for sale" category housing
and transferred to a qualified purchaser according to the provisions of the Aspen/Pitkin
County Housing Authority, shall be considered mitigation units and attributed to a
project's affordable housing provision, or may be attributable to the creation of
Affordable Housing Certificates, subject to the provisions of Chapters .
26.520 and 26.540 . ADUs which are not deed-restricted as category units and are not
transferred to qualified purchasers shall not be considered mitigation units and shall not
be attributed to a project's affordable housing provision.
(Ord. No. 5-2018 , § 1, 2-26-2018; Ord. No. 10-2021 , § 1, 5-11-2021; Ord. No. 13-2021 , § 1, 5-
11-2021; Ord. No. 13-2022 , § 7, 6-28-2022; Ord. No. 14-2022 , § 1, 6-30-2022)
Sec. 26.470.060. -Procedures for review.
A development application for growth management shall be reviewed pursuant to the
following procedures and standards and the Common Development Review Procedures set
forth at Chapter 26.304 . According to the type of development or redevelopment requested, the
following steps are necessary.According to the type of allotments requested, the follmving
steps are necessary . A development proposal may fall into multiple categories and therefore
have multiple processes and standards to adhere to and meet. An application for growth
management may be submitted to the Community Development Director on any date of the
year.
(a) Administrative applications. The Community Development Director shall approve,
approve with conditions or deny the application, based on the applicable standards of
review in Section 26.4 70.090 , Administrative Applications.
(b) Planning and zoning commission applications. The Planning and Zoning
Commission, during a duly noticed public hearing, shall review a recommendation from
the Community Development Director and shall approve, approve with conditions, or
deny the application, based on the standards ofreview in Section 26.4 70.100 , Planning
and Zoning Commission Applications, and Section 26.4 70.080 , General Review
Standards. This requires a one-step process as follows:
Step One -Public Hearing before the Planning and Zoning Commission or
Historic Preservation Commission.
(I) Purpose: To determine if the application meets the standards for approval.
(2) Process: The Planning and Zoning Commission or Historic Preservation
Commission shall approve, approve with conditions, or deny an application after
considering the recommendation of the Community Development Director and
comments and testimony from the public at a duly noticed public hearing. The
Historic Preservation Commission shall be the recommending body for historic
landmarks, properties requesting landmark designation, and all properties
located within a Historic District.
(3) Standards of review: The proposed development shall comply with the
applicable review standards of Section 26.4 70.100 , Planning and Zoning
Commission applications and Section 26.4 70.080 , General Review Standards.
( 4) Form of decision: The Commission's decision shall be by resolution.
(5) Notice requirements: Posting, Mailing and Publication pursuant to Section
26.304.060 (e)(3) and the provisions of Section 26.304.035 , Neighborhood
Outreach , as applicable.
( c) City council applications. City Council, during a duly noticed public hearing, shall
review a recommendation from the Community Development Director, a
recommendation from the Planning and Zoning Commission or Historic Preservation
Commission, as applicable, and shall approve, approve with conditions, or deny the
application, based on the standards of review in Section 26.4 70.110 , City Council
Applications, and Section 26.470.080 , General Review Standards. This requires a two-
step process as follows:
Step One -Public Hearing before the Planning and Zoning Commission or
Historic Preservation Commission.
(1) Purpose: To determine if the application meets the standards for approval.
(2) Process: The Planning and Zoning Commission or Historic Preservation
Commission shall forward a recommendation of approval, approval with
conditions, or denial to City Council after considering the recommendation of
the Community Development Director and comments and testimony from the
public at a duly noticed public hearing. The Historic Preservation Commission
shall be the recommending body for historic landmarks, properties requesting
landmark designation, and all properties located within a Historic District.
(3) Standards of review: The proposed development shall comply with the
applicable review standards of Section 26.4 70.110 , City Council Applications,
and Section 26.4 70.080 , General Review Standards.
(4) Form of decision: The Commission's recommendation shall be by resolution.
(5) Notice requirements: Posting, Mailing and Publication pursuant to Section
26.304.060 (e)(3) and the provisions of Section 26.304.035 , Neighborhood
Outreach, as applicable.
Step Two -Public Hearing before City Council.
(I) Purpose: To determine if the application meets the standards for approval.
(2) Process: The Community Development Director shall provide City Council
with a recommendation to approve, approve with conditions, or deny the
application, based on the standards of review. City Council shall approve,
approve with conditions, or deny the application after considering the
recommendation of the Community Development Director, the recommendation
from the Planning and Zoning Commission or Historic Preservation
Commission, and comments and testimony from the public at a duly noticed
public hearing.
(3) Standards of review: The proposed development shall comply with the
applicable review standards of Section 26.470.110 , City Council Applications,
and Section 26.4 70.080 , General Review Standards.
(4) Form of decision: City Council decision shall be by ordinance.
(5) Notice requirements: Posting, Mailing and Publication pursuant to Section
26.304.060 (e)(3), the requirements of Section 26.304.035 , Neighborhood
Outreach, as applicable, and the requisite notice requirements for adoption of an
ordinance by City Council.
( d) Combined reviews. An application for growth management review may be
combined with development applications for other associated land use reviews,
pursuant to Section 26.304.060 (b )(1 ), Combined Reviews.
(Ord. No. 13-2022, § 7, 6-28-2022)
Sec. 26.470.070. -Exempt development.
The following types of development shall be exempt from the provisions of this Chapter.
Development exempt from growth management shall not be considered exempt from other
chapters of the Land Use Code. Where applicable, exemptions are cumulative.
(a) Remodeling or renovation of existing single-family and duplex residential
development. The remodeling or renovation of existing single-family and duplex
residential properties, that does not trigger Demolition pursuant to Chapter 26.580 ,
shall be exempt from growth management provided that no additional Mitigation Floor
Area is added to the property. When an expansion of Mitigation Floor Area occurs, see
Section 26.470.0.090(a).
(b) Conversion of an existing single-family residence to a duplex residence or two (2)
detached residences or vise-versa, when Demolition is not triggered. The conversion of
an existing single-family residence to a duplex residence or two (2) detached single-
family residences, or vise-versa, shall be exempt from growth management provided
that no additional Mitigation Floor Area is added to the property. When an expansion of
Mitigation Floor Area occurs, see Section 26.470.090 (a).
(c) Remodeling or expansion of existing multi-family residential development. The
remodeling of existing multi-family residential dwellings shall be exempt from growth
management provided that no additional Mitigation Floor Area is added to the prope1iy
and provided demolition of a unit or structure does not occur. When an expansion of
Mitigation Floor Area occurs, see Section 26.470.090 (b). When demolition occurs ,
see Section 26.4 70.100 ( d), Demolition or redevelopment of multi-family housing.
(Also see definition of Demolition, Section 26.104.100 , and Chapter 26.580 ,
Demolition.)
( d) Remodeling or relocation of historic structures. The remodeling or permanent or
temporary relocation of a structure listed on the Aspen Inventory of Historic Landmark
Sites and Structures, shall be exempt from growth management, provided that all
necessary approvals are obtained, pursuant to Chapter 26.415 , no Mitigation Floor Area
expansion occurs, and Demolition is not triggered. Expansions shall be mitigated
pursuant to this Chapter.
( e) Remodeling of existing commercial development. Remodeling of existing
commercial buildings and portions thereof shall be exempt from the provisions of
growth management, provided that demolition is not triggered, no additional net
leasable square footage is created, and there is no change in use. If redevelopment
involves an expansion of net leasable square footage, the replacement of existing net
leasable square footage shall not require growth management allotments and shall be
exempt from providing affordable housing mitigation only if that space previously
mitigated. Existing, prior to demolition, net leasable square footage and lodge units
shall be documented by the City Zoning Officer prior to demolition. Also see
definitions of demolition and net leasable commercial space, Section 26.104.100 .
If Demolition is triggered not due to remodel activity but is determined by the
Community Development Director to be required for Normal Maintenance as defined
in Title 26 (see definition in Section 26.104.100 ) or to rectify life safety issues, such as
replacing a failing roof or mold removal, the square footage impacted by the work shall
be exempt from this Section. This provision shall not be allowed to increase the height,
floor area, net livable area or net leasable area of a building beyond what is the
minimum necessary required to comply with the Building Code.
(f) Special events. Special events permitted by the City shall be exempt from this
Chapter.
(g) Accessory dwelling units and carriage houses. The development of accessory
dwelling units(ADUs) and carriage houses shall be exempt from the provisions of this
Chapter but subject to the provisions of Chapter 26.520 , Accessory Dwelling Units and
Carriage Houses.
(h) Retractable canopies and trellis structures. Trellis structures and retractable
canopies appended to a commercial or lodging structure shall be exempt from growth
management provided that: a) there is no expansion of floor area; and b) the canopy or
trellis structure is not enclosed by walls, screens, windows or other enclosures.
Awnings shall be exempt from this Chapter.
(i) Public infrastructure. The development of public infrastructure such as roads,
bridges, waterways, utilities and associated poles, wires, conduits, drains, hydrants and
similar items considered essential services shall be exempt from growth management.
Essential public facilities shall not be exempt and shall be reviewed pursuant to Section
26.4 70.110 ( d), Essential Public Facilities. (Also see definition of essential
services, Section 26.l 04.l 00 .)
(Ord. No. 23-2017 ; Ord. No. 6-2019 ; Ord. No. 13-202 1, § 2, 5-11-2021; Ord. No. 13-2022 , §
7, 6-28-2022)
Sec. 26.470.080. -General review standards.
All Planning and Zoning Commission and City Council applications for growth management
review shall comply with the following standards.
(a) Sufficient allotments. Sufficient growth management allotments are available to
accommodate the proposed development, pursuant to Section 26.470.040 (b). Applications for
multi-year development allotment, pursuant to Section 26.4 70.1 lO (a) shall be required to meet
this standard for the growth management years from which the allotments are requested.
(b) Development conformance. The proposed development conforms to the requirements and
limitations of this Title, of the zone district or a site-specific development plan, any adopted
regulatory master plan, as well as any previous approvals, including the Conceptual Historic
Preservation Commission approval, the Conceptual Commercial Design Review approval and
the Planned Development -Project Review approval, as applicable.
( c) Public infrastructure and facilities. The proposed development shall upgrade public
infrastructure and facilities necessary to serve the project. Improvements shall be at the sole
costs of the developer. Public infrastructure includes, but is not limited to, water supply,
sewage treatment, energy and communication utilities, drainage control, fire and police
protection, solid waste disposal, parking and road and transit services.
( d) Affordable housing mitigation.
(1) For commercial development, sixty-five (65) percent of the employees generated by
the additional commercial net leasable space, according to Section 26.4 70.050 (b ),
Employee Generation Rates, shall be mitigated through the provision of affordable
housing.
(2) For lodge development, sixty-five (65) percent of the employees generated by the
additional lodge pillows, according to Section 26.4 70.050 (b ), Employee Generation
Rates, shall be mitigated through the provision of affordable housing. For the
redevelopment or expansion of existing lodge uses, see Section 26.4 70.l 00 (g).
(3) For the redevelopment of existing commercial net leasable space that did not
previously mitigate (see Section 26.4 70.100 ( e )), the mitigation requirements for
affordable housing shall be phased at fifteen (15) percent beginning in 2017, and by
three (3) percent each year thereafter until sixty-five (65) percent is reached, as follows:
EXPAND
Development order applied for Mitigation required (percent of employees generated by the
during calendar year existing space that has previously not mitigated)
2017 15%
2018 18%
2019 21%
2020 24%
2021 27%
2022 30%
2023 33%
2024 36%
2025 39%
2026 42%
2027 45%
2028 48%
2029 51%
2030 54%
2031 57%
2032 60%
2033 63%
2034 65%
(4) Unless otherwise exempted in this Chapter, when a change in use between
development categories is proposed, the employee mitigation shall be based on the use
the development is converting to. For instance , if a commercial space is being
converted to lodge units , the mitigation shall be based on the requirements for lodge
space, outlined in subsection (2), above. Conversely , if lodge units are being conve1ied
to commercial space, the mitigation shall be based on the requirements for commercial
space, outlined in subsections (1) and (3), above.
(5) For new residential subdivisions , see Section 26.4 70.1 00 (h) and (i).
(6) For new , redeveloped , or renovated single-family and duplex residential
development, er-the affordable housing mitigation requirements are established
by Section 26.470.090 (a) and (c).
(7) For the expansion of existing free -market multi -family units , affordable housing
mitigation requirements are established by Section 26.4 70.090 (b ).
(8) For new free -market multi -family units , affordable housing mitigation requirements
are established by Section 26.4 70.090 (f).
(9) For the demolition or redevelopment of existing multi-family residential
development, affordable housing mitigation requirements are established by Section
26.4 70.100 ( d).
(10) For essential public facility development , mitigation shall be determined based
on Section 26.470.1 l0(d).
(11) For all affordable housing units that are being provided as mitigation pursuant to
this Chapter or for the creation of a Ce1iificate of Affordable Housing Credit pursuant
to Chapter 26.540 , or for any other reason:
i. The proposed units comply with the Aspen/Pitkin County Housing Authority
Employee Housing Regulations and Affordable Housing Development Policy,
as amended .
ii. Required affordable housing may be provided through a mix of methods
outlined in this Chapter, including newly built units , buy down units , ce1iificates
of affordable housing credit, or cash-in-lieu.
iii . Affordable housing that is in the form of newly built units or buy-down units
shall be located on the same parcel as the proposed development or located off-
site within the City limits. Units outside the City limits may be accepted as
mitigation by the City Council, pursuant to Section 26.4 70.11 0 (b ). When off-
site units within City limits are proposed , all requisite approvals shall be
obtained prior to approval of the growth management application.
iv. Affordable housing mitigation in the form of a Ce1iificate of Affordable
Housing Credit, pursuant to Chapter 26.540 , shall be extinguished pursuant
to Section 26.540.120 , Extinguishment and Re-Issuance of a Certificate,
utilizing the calculations in Section 26.4 70.050 (±), Employee/Square Footage
Conversion.
v. If the total mitigation requirement for a project is less than 0.1 FTEs, a cash-
in-lieu payment may be made by right. If the total mitigation requirement for a
project is 0.1 or more FTEs, a cash-in-lieu payment shall require City Council
approval, pursuant to Section 26.4 70.110 ( c ).
vi. Affordable housing units shall be approved pursuant to Section
26.470.l00 (d), Affordable Housing , and be restricted to a Category 4 rate as
defined in the Aspen/Pitkin County Housing Authority Guidelines. as amended.
An applicant may choose to provide mitigation units at a lower category
designation.-;-
vii. Each unit provided shall be designed such that the finished floor level of
fifty (50) percent or more of the unit's net livable area is at or above natural or
finished grade, whichever is higher. This dimensional requirement may be
varied through Special Review, Pursuant to Chapter 26.430 .
(12) Affordable housing units that are being provided absent a requirement ("voluntary
units") may be deed-restricted at any level of affordability, including residential
occupied (RO).
(13) Residential mitigation deferral agreement.
For property owners qualified as a full-time local working resident, an affordable
housing mitigation Deferral Agreement may be accepted by the City of Aspen subject
to the Aspen/Pitkin County Housing Authority Employee Housing Regulations. This
allows deferral of the mitigation requirement for residential development until such
time as the property is no longer owned by a full-time local working resident. Staff of
the City of Aspen Community Development Department and Staff of the Aspen/Pitkin
County Housing Authority can assist with the procedures and limitations of this option .
The City Attorney and Community Development Director shall prescribe the form to be
used for a Deferral Agreement. A copy of the Deferral Agreement form is on file with
the City of Aspen Community Development Department.
The required mitigation shall be calculated to the FTE and then multiplied by the
codified Fee-in-Lieu at the time of building permit submission. This amount will be
identified in the Deferral Agreement. Following the establishment of the initial
mitigation requirement in the Deferral Agreement, the amount of mitigation initially
identified shall increase annually by the CPI for each year that the Deferral Agreement
is in effect until such time that the Deferral Agreement is terminated following sale to a
non-resident. The term "CPI" shall mean the Consumer Price Index for All Urban
Consumers (CPI-U) for the U.S. City Average for All Items, not seasonally adjusted,
1984=100 reference base; published by the United States Department of Labor, Bureau
of Labor Statistics. The calculation of the value of the mitigation required at the time of
the termination of the Deferral Agreement may be completed using a commonly
available calculator that aggregates the CPI over time. The term of the calculation shall
be the month of the initial execution of the Deferral Agreement and the most recent
index month available at the time of release of the Deferral Agreement. The provision
describing this regular a1mual increase shall be described in the Deferral Agreement.
The Deferral Agreement shall be recorded prior to the issuance of a Certificate of
Occupancy or Letter of Completion.
Should a prope1iy with a Deferral Agreement in place be sold to a qualified resident, a
new Deferral Agreement shall be established, identifying the initial mitigation
requirement, and an inclusion of the continued aimual increases that will continue to
accrue from the date of initiation of the original deferral agreement. The initiation date
of the original deferral agreement shall be identified in the new deferral agreement.
Deferral Agreements initiated prior to July 28, 2022 , shall remain in effect and are not
subject to the stipulations described in the paragraphs above. If desired, the parties to a
previously established defe1Tal agreement may, at their discretion, enter into a new
deferral agreement that that updates the terms to be consistent with the provisions
identified above.
(Ord. No. 23-2017 ; Ord. No. 12-2019 ; Ord. No. 12-2021 , § 2, 5-11-2021; Ord. No. 13-2021, §
3, 5-11-2021; Ord. No. 13-2022 , § 7 , 6-28-2022)
Sec. 26.470.090. -Administrative applications.
The following types of development shall be approved, approved with conditions or denied by
the Community Development Director, pursuant to Section 26.470.060 , Procedures for
Review, and the criteria described below. Except as noted, all administrative growth
management approvals shall not be deducted from the annual development allotments. All
approvals apply cumulatively.
(a) Single-family and duplex residential development or expansion that does not trigger
demolition, pursuant to Chapter 26. 580. The following types of free-market residential
development do not require a development allotment and may proceed to building
permit absent the need of any other land use reviews. These types of development shall
require the provision of affordable housing mitigation in one (1) of the methods
described in subsection (3) below.
(1) This Section applies to the new development of a single-family, two (2)
detached residential units, or a duplex dwelling on a lot in one (1) of the
following conditions:
a. A lot created by a lot split, pursuant to Section 26.480.060 (a).
b. A lot created by a historic lot split, pursuant to Section 26.480.060 (b ),
when the subject lot does not itself contain a historic resource.
c. A lot that was subdivided or was a legally described parcel prior to
November 14, 1977, that complies with the provisions of Section
26.480.020 , Subdivision: applicability, prohibitions, and lot merger.
(2) Mitigation shall be based off the net increase of Mitigation Floor Area of an
existing single-family, two (2) detached residential units on a single lot, or a
duplex dwelling, during remodeling and renovation scenarios when the
definition of Demolition is not met.
(3) The applicant shall have four ( 4) options for providing the required
affordable housing mitigation:
a. Recording a resident-occupancy (RO), or lower, deed restriction on
the single-family dwelling unit or one (1) of the residences if a duplex or
two (2) detached residences are developed on the property. An existing
deed restricted unit does not need to re-record a deed restriction.
b. Providing a deed restricted one-bedroom or larger affordable housing
unit within the Aspen Infill Area pursuant to the Aspen/Pitkin County
Housing Authority Guidelines (which may require certain •
improvements) in a size equal to or larger than thirty (30) percent of the
Allowable Floor Area increase to the Free-Market unit. The mitigation
unit must be deed-restricted as a "for sale" Category 2 (or lower) housing
unit and transferred to a qualified purchaser according to the provisions
of the Aspen/Pitkin County Housing Authority Guidelines.
c. Providing a fee-in-lieu payment or extinguishing a Certificate of
Affordable Housing Credit in a full-time-equivalent (FTE) amount based
on the following schedule:
i. Affordable housing mitigation must be provided at a Category
2 ( or lower) rate. Certificates must be extinguished pursuant to
the procedures of Chapter 26 .540 , Certificates of Affordable
Housing Credit. Fee-in-lieu rates shall be those stated in Section
26.4 70.100 -Calculations; Employee Generation and Mitigation,
in effect on the date of application acceptance. Providing a fee-in-
lieu payment in excess of .10 FTE shall require City Council
approval, pursuant to Section 26.4 70.110 ( c ).
d. An affordable housing mitigation Deferral Agreement may be
accepted by the City of Aspen pursuant to Section 26.470.080 (d)(l2).
Example 1: A new home of 3,400 square feet of Mitigation Floor Area
on a vacant lot created by a historic lot split. The applicant must provide
affordable housing mitigation for .364 FTEs.
3,400 I 1,000 x 0.10 7 = .36
In this example the applicant may provide a Certificate of Affordable
Housing Credit or request City Council accept a fee -in-lieu payment.
Example 2: An existing home of four thousand five hundred (4 ,500)
square feet of Mitigation Floor Area is expanded by two hundred fifty
(250) square feet of Mitigation Floor Area. The renovation does not meet
the definition of Demolition. The applicant must provide affordable
housing mitigation for .03 FTEs.
250 I 1,000 x 0.10 7 = .03
In this example the applicant may provide a Certificate of Affordable
Housing Credit or a fee-in-lieu payment.
(b) Multi-family residential expansion. The net increase of Mitigation Floor area of an
existing free-market multi-family unit or structure, regardless of when the lot was
subdivided or legally described shall require the provision of affordable housing
mitigation in one (1) of the methods described below. This type of free-market
re sidential development does not require a development allotment and may proceed
directly to building permit. (When demolition occurs, see Section 26.4 70.100 ( e ),
Demolition or redevelopment of multi-family housing .)
(1) Mitigation shall be based off the net increase of Mitigation Floor Area of an
existing free -market multi -family unit or structure , and provided Demolition
does not occur.
(2) Affordable housing mitigation requirements for the type of free-market
residential development described above shall be as follows. The applicant shall
have four (4) options:
a. Recording a resident-occupancy (RO), or lower, deed restriction on
the dwelling unit(s) being expanded. An existing deed restricted unit
does not need to re-record a deed restriction.
b. Providing a deed restricted one-bedroom or larger affordable housing
unit within the Aspen Infill Area pursuant to the Aspen/Pitkin County
Housing Authority Guidelines (which may require ce1iain
improvements) in a size equal to or larger than thirty (30) percent of the
Allowable Floor Area increase to the Free-Market unit(s). The mitigation
unit(s) must be deed-restricted as a "for sale" Category 2 (or lower)
housing unit and transferred to a qualified purchaser according to the
provisions of the Aspen/Pitkin County Housing Authority Guidelines.
c.1 Providing a fee-in-lieu payment or extinguishing a Certificate of
Affordable Housing Credit in a full-time-equivalent (FTE) amount based
on the following schedule:
i. When a unit adds Floor Area, the difference between the
generation rates of the existing Mitigation Floor Area and the
proposed Mitigation Floor Area shall be the basis for determining
the number of employees generated. No refunds shall be provided
if Floor Area is reduced.
ii. Affordable housing mitigation must be provided at a Category
2 ( or lower) rate. Certificates must be extinguished pursuant to
the procedures of Chapter 26.540 , Certificates of Affordable
Employee Generation and Mitigation, in effect on the date of
application acceptance. Providing a fee-in-lieu payment in excess
of .10 FTE shall require City Council approval, pursuant
to Section 26.470.1 l0 (c).
d. An affordable housing mitigation Deferral Agreement may be
accepted by the City of Aspen pursuant to Section 26.470.080 (d)(l2).
Example 1: A multi-family unit of 1,400 square feet of Floor Area is
expanded by 400 square feet of Mitigation Floor Area. The applicant
must provide affordable housing mitigation for 0.04 FTEs.
400 I 1,000 x 0.107 = 0.04
In this example the applicant may provide a Certificate of Affordable
Housing Credit or a fee-in-lieu payment.
Example 2: A multi-family unit of one thousand four hundred (1,400)
square feet of Floor Area is expanded by one thousand (1,000) square
feet of Mitigation Floor Area. The applicant must provide affordable
housing mitigation for 0.11 FTEs, the difference in employee generation
of the two (2) unit sizes.
1000 I 1,000 x 0.107 = 0.11
In this example the applicant may provide a Certificate of Affordable
Housing Credit or request City Council accept a fee-in-lieu payment.
( c) Single-family and duplex redevelopment or expansion that does trigger demolition
as defined by Chapter 26.580. Demolition and Redevelopment of Single-Family and
Duplex properties shall require a land use application pursuant to Chapter 26.304 , the
allocation of a Growth Management allotment, and shall provide affordable housing
mitigation in one (1) of the methods described below.
(1) Applicability. This review shall apply to all applications for development
and redevelopment of single-family and duplex project that triggers Demolition
as outlined Chapter 26.580 , unless otherwise exempted in Section 26.580.050 .
(2) Procedures for review.
a. General. An application for a GMQS review of the Demolition and
Redevelopment of a single -family or duplex project shall be submitted
(subject to the requirements of Chapter 26.304 , Chapter
26.580 and Section 26.470.090 (c)) and will considered in an
Administrative Review by the Community Development Director.
Following review, an approval would be granted by a recorded Notice of
Approval and the issuance of a Development Order. On a single parcel ,
the Demolition of a Single Family, two (2) detached dwellings , or
Duplex residential structure shall require one (1) allotment.
b. Determination of applicability. The applicant may request a
preliminary Demolition pre-application conference with Community
Development staff to determine the applicability of the Chapter and the
application submission requirements. If a project is likely to trigger
Demolition, a meeting should be set up with a Zoning Officer to confi r m
if the project is subject to Chapter 26.580 , Demolition. An applicant
must request a Pre-application conference summary outlining application
requirements when a project triggers Demolition pursuant to Chapter
26.580 , Demolition.
c. Timing. In preparation for submission of an application for a
Demolition Allotment, Applicants shall request a Pre-Application
Summary from Community Development staff.
Applications for a given year's available Demolition Allotments will be
accepted sta1iing on the first business day of January and extending for a
30-day period. (the "Initial Application Period"). An application shall not
be considered until determined "Complete" per Chapter 26.304 . All
applications submitted during the Initial Application Period and deemed
Complete and Compliant with the requirements of 26.4 70 will be entered
into a lottery with all other Complete and Compliant applications , if the
number of applications exceeds the number of available permits.
Lottery process. Each qualifying application submitted during the Initial
Application Period will be assigned a number. Administered by the
Community Development Department and witnessed by the City Clerk
and the City Attorney , assigned numbers from the Complete and
Compliant applications will be placed into a receptacle and drawn by
hand. All applications patiicipating in the lottery will be drawn in order
and a list will be created identifying the drawn order for all applications.
Available allotments will be granted to the projects drawn by this
process based on the drawn order. Applicants and their representatives
will be notified by email of the time and place of the lottery and are
welcome to be present during the lottery selection.
Notices of Approval and Development Orders associated with the
applications selected by the lottery will be issued by the last business day
in February.
Excess allotments. Should a lottery process not be required or should
annual Demolition Allotments remain available following the lottery
process, applications may be submitted throughout the year, and
following completeness and compliance review, will be approved in the
order received, subject to the availability of an allotment.
d. Residential demolition and redevelopment standards. This document
sets the standards under which a redevelopment project will be reviewed
and will serve as the basis under which a project will be approved for the
issuance of a development allotment. This document, as amended from
time to time, is available on Community Development's web page or
may be request~d from a staff planner.
e. Combined reviews. An application for growth management review
may be a combined with development applications for other associated
land use reviews, pursuant to Section 26.304.060 (b )(1 ), Combined
Reviews.
f. Variations.,An application requesting a Variation of the Residential
Demolition and Redevelopment Standards, or the review standards
identified below, shall be processed as a Special Review in accordance
with the common development review procedures set forth in Chapter
26.304 . The Special Review (Section 26.430.040 (k)) shall be considered
a public hearing for which notice has been provided pursuant to Section
26.304.060 (e)(3). Review is by the Planning and Zoning Commission. In
this case, the granting of the development allotment would not be
granted until Planning and Zoning Commission approves the special
review.
g. Insufficient demolition allotments. Any prope1iy owner within the City
who is prevented from redeveloping a property because that year's
Demolition allotments have been entirely allocated may apply for City
Council Review for a Multi-Year Development Allotment subject
to Section 26.470.1 l0(a).
(3) Review standards for projects requesting a demolition allotment.
a. Adequate growth management allotments are available for the project
and the project meets any applicable review criteria in Chapter 26.4 70 ,
Growth Management Quota System.
b. The project shall meet the requirements of the Residential Demolition
and Redevelopment Standards prior to building permit issuance. The
project shall be subject to the Residential Demolition and
Redevelopment Standards in effect at the time of building permit
submission is deemed complete .
(4) Application contents. Applications for a Demolition allotment shall include
all application requirements outlined in Section 26.4 70.130 and Chapter 26.304 ,
in addition to the following:
a. Demolition diagrams depicting total area to be demolished consistent
with the methodology outlined in Section 26.580.040 .
b. A written response to all applicable review criteria, including
responses to the Residential Demolition and Redevelopment Standards ,
as amended from time to time pursuant to Chapter 26.580 .
(5) Affordable housing mitigation requirements.
a. Affordable housing mitigation requirements for free-market residential
development that triggers Demolition pursuant to Chapter 26.580 shall
be as follows . The applicant shall have four (4) options:
i. Recording a Resident-Occupancy (RO), or lower, deed
restriction on the single-family dwelling unit or one (1) of the
residences if a duplex or two (2) detached residences are
developed on the prope11y . An existing deed restricted unit does
not need to re-record a deed restriction.
ii. Providing a deed restricted one-bedroom or larger affordable
housing unit within the Aspen Infill Area pursuant to the
Aspen/Pitkin County Housing Authority Guidelines (which may
require certain improvements) in a size equal to or larger than
thirty (30) percent of the Allowable Floor Area increase to the
Free-Market unit. The mitigation unit must be deed-restricted as a
"for sale" Category 2 ( or lower) housing unit and transferred to a
qualified purchaser according to the provisions of the
Aspen/Pitkin County Housing Authority Guidelines.
iii. Providing a fee-in-lieu payment or extinguishing a Certificate
of Affordable Housing Credit in a full-time-equivalent (FTE)
amount based on the following schedule:
a. Employment Generation Rate: 0.107 per 1 ooo · square
feet of Mitigation Floor Area.
b. For redevelopment or renovation of an existing single-
family or duplex that meets the definition of Demolition
(Section 26.104.100 ), all Mitigation Floor Area ( existing
and new) shall be calculated toward employee generation
and required mitigation.
c. Affordable housing mitigation must be provided at a
Category 2 ( or lower) rate. Certificates must be
extinguished pursuant to the procedures of Chapter
26.540 , Certificates of Affordable Housing Credit. Fee-in-
lieu rates shall be those stated in Section 26.470.100 -
Calculations; Employee Generation and Mitigation, in
effect on the date of application acceptance. Providing a
fee-in-lieu payment in excess of .10 FTE shall require
City Council approval, pursuant to Section 26.470.1 l0(c).
iv. An affordable housing mitigation Deferral Agreement may be
accepted by the City of Aspen pursuant to Section
26.4 70.080 ( d)(l2).
Example: An existing home is redeveloped in a fashion that
meets the definition of Demolition. The redeveloped home has a
Mitigation Floor Area of five thousand seven hundred (5,700)
square feet.
5,700 I 1,000 x 0.107 = 0.61 FTE
In this example the applicant may provide a Certificate of
Affordable Housing Credit or request City Council accept a fee-
in-lieu payment.
( d) One hundred (100) percent affordable housing development. All applications for the
development of projects that are comprised of one hundred (I 00) percent affordable
housing units, deed,-restricted in accordance with the Aspen Pitkin County Housing
Authority Regulations, shall be first reviewed administratively for compliance with this
Chapter and relevant criteria as described below. Projects found by the Community
Development Director to be in full conformance, shall be approved or approved with
conditions by recordation of a Notice of Approval and the issuance of a development
order. Applications that are not found to be in conformance with this Section, shall be
subject to GMQS Review with the Planning and Zoning Commission per Section
26.470.l00(c), or the application may be amended to bring the project into
conformance for administrative approval.
(1) To be approved administratively, a project must meet the following criteria:
a. "For sale" or rental units.
i. The proposed units shall be deed-restricted as "for sale" units
and transferred to qualified purchasers according to the Aspen
Pitkin County Housing Authority Regulations. The developer of
the project may be entitled to select the first purchasers, subject
to the aforementioned qualifications, pursuant to the Aspen Pitkin
County Housing Authority Regulations. The deed restriction may
authorize the Aspen Pitkin County Housing Authority or the City
to own the unit and rent it to qualified renters as defined in the
Aspen Pitkin County Housing Authority Regulations, as
amended; or
ii. The proposed units may be rental units, including but not
limited to rental units owned by an employer, government or
quasi-government institution, or non-profit organization if a legal
instrument in a form acceptable to the City Attorney ensures
permanent affordability of the units. The City encourages
affordable housing associated for lodge development to be rental
units associated with the lodge operation and contributing to the
long-term viability of the lodge; or
iii. The proposed units may be a combination of "for sale" and
rental units.
b. The units in the project comply with the Aspen Pitkin County Housing
Authority's Regulations and Affordable Housing Development Policy, as
amended.
c. The project meets all dimensional requirements of the underlying
Zone District as described in Chapter 26. 710 and does not require the
approval of a variance of any kind from the provisions of Section
26.575.020 . Calculations and Measurements.
d. The project meets all provisions of Chapter 26.410 . Residential
Design Standards and is compliant with Commercial Lodging and
Historic District Design Standards and Guidelines, as may be applicable.
e. The project is in conformance with the requirements of Chapter
26.515 , Transportation and Parking Management.
f. If a project is pursuing Certificates of Affordable Housing Credit, the
requirements of Chapter 26.540 shall be met.
g. A project approved under this administrative process may be
comprised of Category and/or Resident-Occupied (RO) units.
h. Each unit provided shall be designed such that the finished floor level
of fifty (50) percent or more of each unit's net livable area is at or above
natural or finished grade, whichever is higher.
(2) Review of one hundred (100) percent affordable housing development on
designated sites in a historic district but not containing a historic resource; and
on designated sites outside of districts and not containing a
resource. Development of these properties, when the use is one hundred (100)
percent affordable housing, shall be approved or approved with conditions by
Administrative Review if compliant with Chapter 26.410 , Residential Design
Standards; Chapter 26.470 , Growth Management; Chapter 26.515 ,
Transportation and Parking Management; Chapter 26.540 , Certificates of
Affordable Housing Credit, and Chapter 26.710 for the applicable Zone District.
In addition, the Historic Preservation Officer and the Chair of the Historic
Preservation Commission, or their assign, must jointly determine compliance
with the following non-flexible design standards.
a. Create porosity on the site. To meet this standard, achieve at least one
(1) of the following:
i. Provide a front setback one and one-half (1.5) times the
minimum requirement of the zone district; or
ii. Provide at least two (2) usable private outdoor spaces, such as
porches or upper floor decks, which are at least six (6) feet deep
and fifty (50) square feet in area on the street-facing fa<;ade(s); or
iii. Provide a shared outdoor gathering area of at least one
hundred (100) square feet in area, so that at least fifty (50) square
feet in area can be directly viewed from the street.
b. Ensure proportions of historic resources are incorporated in a new
structure. All street-facing fac;ade(s) of the development shall be
demonstrated through a diagram to include at least one (1) instance of a
width by height modulation that directly reflects a width by height
modulation of the nearest historic primary structure on the block face(s).
c. Design the development to be recognized as a product of its
time. Consider these three (3) aspects of the architecture: roof form,
materials, and fenestration. The development must relate strongly to at
least one (1) specific designated historic resource on the block face and
in the same zone district in at least two (2) of these categories. Departing
from that historic resource in one (1) of these categories allows for
creativity and a contemporary design response.
i. When choosing to relate to roof form, match a primary roof
pitch of the development to at least one ( 1) primary roof pitch
found on the historic resource.
ii. When choosing to relate to materials, match at least one (1)
primary material of the development to that on the historic
resource. A change in the finish, dimension or orientation is
allowed.
iii. When choosing to relate to fenestration, match at least one (1)
street-facing window on the development to the dimensions of at
least one (1) street-facing window on the historic resource. A
change in window finish or orientation is allowed.
(3) Review of one hundred (100) percent affordable housing development on
designated sites containing a historic resource where the historic resource is
fully detached from all new construction, and all non-historic additions are to
be removed, and no new addition will be made to the historic resource, and all
new construction taller than one (]) story is distanced at least ten (10) feet from
the historic resource on all sides. Development of these properties, when the
use is one hundred (100) percent affordable housing, shall be subject to a one-
step review by the Historic Preservation Commission, for compliance
with Section 26.415.070 (c), Certificate of Appropriateness for a Minor
Development (demolition of non-historic additions and all work directly
affecting the historic resource); and Section 26.415.090 , Relocation of
Designated Historic Properties. All City of Aspen Historic Preservation Design
Guidelines applicable to work affecting the historic resource shall apply in
addition to the following criteria:
a. HPC may not deny Relocation, but shall determine a siting for the
historic structure that best meets the City of Aspen Historic Preservation
Design Guidelines while accommodating the allowed development rights
for the property. A Conceptual site plan representing the full project
must be provided to assist in this review.
b. HPC may grant approval for the historic resource only to be located in
the side, rear and front setbacks per Section 26.415.1 l0(c)(l)a.,
Variations. New construction is not permitted to be located in a setback.
HPC may allow the new structure to provide no less than six (6) feet as
the minimum distance requirement between buildings per Section
26.415 .110 ( c )(1 )b. Where the historic resource is one (1) story in height,
this reduction is only permissible if the new construction permitted to be
within six (6) feet of the resource is one (1) story in height for at least ten
( 10) feet in depth.
c. The application must include a detailed summary, in consultation with
the Historic Preservation Officer, of all necessary repairs to historic
fabric that will be completed during construction including exterior
materials, doors and windows. The summary must also identify all
opportunities to restore an element of the historic resource to an earlier
condition that can be documented through photographs or physical
inspection. HPC will prioritize and require up to three (3) of these to be
completed during construction. Examples include: re-opening of an
enclosed porch, restoration of the original design of a street facing
window, and restoration of missing details such as decorative porch trim.
d. As applicable, site development shall be designed so that:
i. A front walkway to the historic resource shall be no wider than
the minimum requirement for accessibility, shall run directly
from the street to the door unless necessary to avoid a preserved
tree, and shall be gray concrete, brick, rectilinear stone or
flagstone, to be determined by HPC.
ii. Stormwater facilities and conveyances shall be demonstrated
to fully integrated with the surrounding landscape palette when
viewed from the public right-of-way.
iii. The perimeter of the historic resource shall be entirely
bordered by a gravel or small diameter rock planting strip one (1)
foot in width to protect from the impacts of landscape planting
and watering. No plant material around the historic resource shall
have an identified mature height taller than forty-two ( 42) inches,
other than one (1) shrub or tree, placed with the mature size of
the species in mind. No hardscape, other than a front walkway,
shall be permitted in street-facing yards around the historic
resource.
iv. Perimeter fences which are considered part of the historic
significance of a site shall be retained and repaired and cannot be
moved, removed, or inappropriately altered.
v. Any new fence between the historic resource and the street
shall be no more than forty-two ( 42) inches in height and shall
have no less than a solid to void ratio of fifty (50) percent.
e. Following HPC review, Administrative Review will be conducted for
determination that the new construction on the site is in compliance
with Chapter 26.410 , Residential Design Standards; Chapter 26.4 70 ,
Growth Management; Chapter 26.515 , Transportation and Parking
Management; Chapter 26.540 , Certificates of Affordable Housing Credit,
and Chapter 26.710 for the applicable Zone District. In addition, the
Historic Preservation Officer and the Chair of the Historic Preservation
Commission , or their assign , must jointly determine compliance with the
following non-flexible design standards.
i. Ensure proportions of historic resources are incorporated in a
new structure. All street-facing fa9ade(s) of the development
shall be demonstrated through a diagram to include at least one
(1) instance of a width by height modulation that directly reflects
a width by height modulation of the historic resource.
ii. Design the development to be recognized as a product of its
time. Consider these three (3) aspects of the architecture: roof
form, materials, and fenestration. The development must relate
strongly to the historic resource in at least two (2) of these
categories. Depatiing from the historic resource in one (1) of
these categories allows for creativity and a contemporary design
response.
1. When choosing to relate to roof form, match a primary
roof pitch of the development to at least one ( 1) primary
roof pitch found on the historic resource.
2. When choosing to relate to materials, match at least one
(1) primary material of the development to that on the
historic resource. A change in the finish, dimension or
orientation is allowed.
3. When choosing to relate to fenestration, match at least
one (1) street-facing window on the development to the
dimensions of at least one street-facing window on the
historic resource. A change in window finish or
orientation is allowed.
iii. Allow the resource to be read as the unique architectural
highlight of the property. Demonstrate that the historic resource
will be distinguished from the new development through its
height, ornateness, or primary material.
( 4) Application materials. In addition to the application materials required
by Section 26.4 70.130 and Chapter 26.304 , the following shall be included in an
application for administrative review of a one hundred (100) percent affordable
housing project:
a. Floor Plans that include detailed drawings of individual units
including floor area and net livable area for the entire site and unit by
unit breakdown.
b. Elevations that provide detail on height and fenestration.
c. Parking Plan that includes detail on access and relationship to the
right-of-way.
d. Residential Design Standards Application.
e. Narrative that describes the unit types and sizes, proposed categories
of units, unit and project amenities and otherwise describes compliance
with Section 26.4 70.090 ( c )(1 )a.-i.
Any necessary submittal items necessary to provide sufficient detail in
meeting the review standards identified in Section 26.4 70.090 ( d)(l )i.
or 26.470.090 (d)(2) above. This may include site plans, relocation plans,
demolition plans, landscaping plans etc. for projects subject to the
identified elements of the Historic Preservation Design Guidelines.
( 5) Review process.
a. Application is submitted and accepted for review consistent
with Chapter 26.304 , Common Development Procedures .
. b. APCHA, Engineering, Environmental Health and Parks shall be
formal referral agencies on the application to identify any necessary
conditions of approval.
c. While not required, it is highly encouraged that a meeting with the
Development Review Committee is scheduled prior to approval to
resolve any potential issues at this early stage of the design process to
facilitate a more efficient building permit review.
d. If applicable, an HPC approval, pursuant to Section 26.4 70.090 ( d)(2)
shall be completed before the completion of the administrative review
process.
e. Approval shall be granted by the Community Development Director in
the form of a recorded Notice of Approval. A Development Order shall
be subsequently issued.
f. Public Notice of the Development Order shall be made consistent with
the requirements of Chapter 26 .304 , Common Development Review
Procedures.
( e) Minor expansion of a commercial, lodge or mixed-use development. The minor
enlargement of a property , structure or portion of a structure for commercial, lodge or
mixed-use development when demolition is not triggered shall be approved, approved
with conditions or denied by the Community Development Director based on the
following criteria. The additional development of uses identified in Section
26.4 70.020 shall not be deducted from the respective annual development allotments.
(1) The expansion involves no more than five hundred (500) square feet of net
leasable space, no more than two hundred fifty (250) square feet of Floor Area,
and no more than three (3) additional hotel/lodge units . No employee mitigation
shall be required.
(2) The expansion involves no residential units.
(3)This shall be cumulative and shall include administrative GMQS approvals
granted prior to the adoption of Ordinance No. 22 , Series of 2013.
(4) When demolition is triggered, the application shall be reviewed pursuant to
Section 25 .4 70.1 00(f), Expansion or new commercial development.
(f) Sale of locally-made products in common areas of commercial
buildings. Commercial use of common areas within commercial and mixed-use
buildings which contain commercial use (a.lea. "non-unit spaces," "arcades,"
"hallways," "lobbies," or "malls") shall be approved, approved with conditions or
denied by the Community Development Director based on the following criteria.
( 1) Products shall be limited to arts, crafts, or produce designed, manufactured,
created, grown , or assembled in the Roaring Fork Valley, defined as the
watershed of the Roaring Fork River plus the municipal limits of the City of
Glenwood Springs. Exempt from these product and geographic limitations are
items sold by a hardware store adjacent to the common area and items incidental
to arts, crafts, and produce such as frames and pedestals.
(2) The area can be used by an existing business within the building or by
"stand-alone" businesses. Multiple spaces may be created.
(3) These areas shall not be considered net leasable space for the purposes of
calculating impact fees or redevelopment credits. No employee mitigation shall
be required. Compliance with all zoning, building, and fire codes is mandatory.
(g) Outdoor food/beverage vending license. Outdoor food/beverage vending shall be
approved, approved with conditions or denied by the Community Development
Director based on the following criteria:
( 1) Location. All outdoor food/beverage vending must be on private property
and may be located in the Commercial Core (CC), Commercial (C 1 ),
Neighborhood Commercial (NC), or Commercial Lodge (CL) zone districts.
Outdoor Food Vending may occur on public property that is subject to an
approved mall lease. Additional location criteria:
a. The operation shall be in a consistent location as is practically
reasonable and not intended to move on a daily basis throughout the
duration of the permit.
b. Normal operation, including line queues, shall not inhibit the
movement of pedestrian or vehicular traffic along the public right-of-
way.
c. The operation shall not interfere with required emergency egress or
pose a threat to public health, safety and welfare. A minimum of six (6)
feet ingress/egress shall be maintained for building entrances and exits.
(2) Size. The area of outdoor food/beverage vending activities shall not exceed
fifty (50) square feet per operation. The area of activity shall be defined as a
counter area, equipment needed for the food vending activities ( e.g. cooler with
drinks, snow cone machine, popcorn machine, etc.), and the space needed by
employees to work the food vending activity.
(3) Signage. Signage for outdoor food/beverage vending carts shall be exempt
from those requirements found within Land Use Code Chapter 26.510 , Signs,
but not excluding Prohibited Signs. The total amount of signage shall be the
lesser of fifty (50) percent of the surface area of the front of the cart, or six (6)
square feet. Sign( s) shall be painted on or affixed to the cart. Any logos,
lettering, or signage on umbrellas or canopies counts towards this calculation.
Food carts may have a sandwich board sign in accordance with the regulations
found within Chapter 26.510 .
( 4) Environmental Health Approval. Approval of a food service plan from the
Environmental Health Department is required. The area of outdoor food vending
activities shall include recycling bins and a waste disposal container that shall
be emptied daily and stored inside at night and when the outdoor food vending
activities are not in operation. Additionally, no outdoor, open-flame char-
broiling shall be permitted pursuant to Municipal Code Section 13.08.100 ,
Restaurant Grills.
(5) Building and Fire Code Compliance. All outdoor food/beverage vending
operations must comply with adopted building and fire codes. Applicants are
encouraged to meet with the City's Building Department to discuss the vending
cart/stand.
(6) Application Contents. An application for a food/beverage vending license
shall include the standard information required in Section 26.304.030 (b ), plus
the following:
a. Copy of a lease or approval letter from the property owner.
b. A description of the operation including days/hours of operation , types
of food and beverage to be offered , a picture or drawing of the vending
cart/stand, and proposed signage.
c. The property survey requirement shall be waived if the applicant can
demonstrate how the operation will be contained on private property.
(7) License Duration. Outdoor food/beverage vending licenses shall be valid for
a one-year period beginning on the same the date that the Notice of Approval is
signed by the Community Development Director. This one-year period may not
be separated into non-consecutive periods.
(8) License Renewal. Outdoor food/beverage vending licenses may be renewed.
Upon renewal the Community Development Director shall consider the
returning vendor's past pe r formance. This shall include, but shall not be limited
to , input from the Environmental Health Department, Chief of Police , special
event staff, and feedback from adjacent businesses. Unresolved complaints may
result in denial of a renewal request.
(9) Business License. The vending operator must obtain a business license.
( 10) Affordable Housing and Impact Fees Waived. The Community
Development Director shall waive affordable housing mitigation fees and
impact fees associated with outdoor food/beverage vending activities.
(11) Maintenance and public safety. Outdoor food/beverage vending activities
shall not diminish the general public health, safety or welfare and shall abide by
applicable City regulations, including but not limited to building codes , health
safety codes , fire codes, liquor laws, sign and lighting codes, and sales tax
license regulations.
(12) Abandonment. The City of Aspen may remove an abandoned food/beverage
vending operation, or components thereof, in order protect public health , safety,
and welfare. Costs of such remediation shall be the sole burden of the property
owner.
(13) Temporary Cessation. The Community Development Director may require
a temporary cancelation of operations to accommodate special events , holidays ,
or similar large public gatherings . Such action will be taken if it is determined
that the food/beverage cart will create a public safety issue or create an
excessive burden on the event activities.
(14) License Revocation. The Community Development Director may deny
renewal or revoke the license and cause removal of the food/beverage vending
operation if the vendor fails to operate consistent with these criteria. An outdoor
food/beverage vending license shall not constitute nor be interpreted by any
property owner, developer, vendor, or court as a site-specific development plan
entitled to vesting under Article 68 of Title 24 of the Colorado Revised Statutes
or Chapter 26.308 of this Title. Licenses granted in this subsection are subject to
revocation by the City Manager or Community Development Director without
requiring prior notice.
(h) Temporary uses and structures. The development of a temporary use or structure
shall be exempt from growth management, subject to the provisions of Chapter 26.450 ,
Temporary and Seasonal Uses. Temporary external airlocks shall only be exempt from
the provisions of this Chapter if compliant with applicable sections of Commercial
Design Review -Chapter 26.412 , and approved pursuant to Chapter 26.450 , Temporary
and Seasonal Uses. Tents, external airlocks, and similar temporary or seasonal
enclosures located on commercial properties and supporting commercial use shall only
be exempt from the provisions of this Chapter, including affordable housing mitigation
requirements, if compliant with applicable sections of Commercial Design Review
-Chapter 26.412 , if erected for 14 days or less in-a twelve-month period, and approved
pursuant to Chapter 26.450 -Temporary and Seasonal Uses. Erection of these
enclosures for longer than 14 days in a twelve-month period shall require compliance
with Commercial Design Review -Chapter 26.412 , and compliance with the provisions
of this Chapter including affordable housing mitigation. Affordable housing mitigation
shall be required only for the days in excess of 14 in a twelve-month period. Cash-in-
lieu may be paid by-right. The mitigation calculation shall include the expected lifespan
of a building, which is currently thhiy (30) years. For instance, a 500 square foot tent
proposed to be up for twenty-one (21) days shall only require mitigation for seven (7)
days. The calculation would be as follows:
Methodology:
• 500 sq. ft. / 1,000 sq. ft. = .5 sq. ft.
• 0.5 sq. ft. x 4.7 FTEs = 2.35 FTEs generated
• 2.35 FTEs x 65% mitigation rate = 1.5275 FTEs to be mitigated if structures are
in use 100% of year ,
• 1.5275 FTEs I 365 days per year= .004184931 daily rate
• 0.004184931 x 7 days = .029294517 FTEs
• 0.029294517 x $223,072 cash-in-lieu rate= $6,534.78
• $6,534.78/ 30 years= $217.82 due for mitigation of the structure for a period of
7 days
(Ord. No. 6-2019 ; Ord. No. 12-2019; Ord. No. 13-2022 , § 7, 6-28-2022 ; Ord. No. 23-2023 , §
1, 12-12-2023)
Sec. 26.470.100. -Planning and zoning commission applications.
The following types of development shall be approved , approved with conditions or denied by
the Planning and Zoning Commission, pursuant to Section 26.4 70.060 , Procedures for review,
and the criteria for each type of development described below. Except as noted , all growth
management applications shall comply with the general requirements of Section 26.470.080 .
Except as noted, the following types of growth management approvals shall be deducted from
the annual development allotments , when app li cab le . Approvals apply cumulatively.
(a) Change in use. A change in use of an existing property , structure or portions of an
existing structure between the development categories identified in Section
26.4 70.020 (irrespective of direction), for which a certificate of occupancy has been
issued and which is intended to be reused , shall be approved , approved with conditions
or denied by the Planning and Zoning Commission based on the general requirements
outlined in Section 26.470.080 . No more than one (1) free-market residential unit may
be created through the change-in-use.
(b) Expansion of free -market residential units within a multi-family or mixed-use
project. The net livable area expansion of existing free-market residential units within a
mixed-use project shall be approved, approved with conditions or denied by the
Planning and Zoning Commission based on the general requirements outlined
in Section 26.470.080 . The remodeling or expansion of existing multi -family residential
dwellings shall be exempt from growth management as long as no demolition occurs,
pursuant to Section 26.470.070 (c). faC:pansion of e>dsting free market residentia l units
shall not require a development allotmen t.
( c) Affordable Housing. The development of affordable housing that does not qualify
for administrative review and approval under the criteria established in Section
26.470.090 (c), shall be approved, approved with conditions , or denied by the Planning
and Zoning Commission based on the general requirements outlined in Section
26.470.080 , and all other applicable review criteria of this Title. If the affordable
housing project is located in a historic district or on a historically designated property ,
the Historic Preservation Commission is the review body for this review. Additionally,
the following shall apply to all affordable housing development:
(1) The proposed units shall be deed-restricted as "for sale" units and transferred
to qualified purchasers according to the Aspen Pitkin County Housing Authority
Regulations. The developer of the project may be entitled to select the first
purchasers , subject to the aforementioned qualifications, pursuant to the Aspen
Pitkin County Housing Authority Regulations. The deed restriction shall
authorize the Aspen Pitkin County Housing Authority or the City to own the
unit and rent it to qualified renters as defined in the Aspen Pitkin County
Housing Authority Regulations, as amended.
(2) The proposed units may be rental units, including but not limited to rental
units owned by an employer, government or quasi-government institution, or
non-profit organization if a legal instrument in a form acceptable to the City
Attorney ensures permanent affordability of the units. The City encourages
affordable housing associated for lodge development to be rental units
associated with the lodge operation and contributing to the long-term viability of
the lodge.
(3) A combination of "for sale" and rental units is permitted.
( d) Demolition or redevelopment of multi-family housing. The City's neighborhoods
have traditionally been comprised of a mix of housing types, including those affordable
by its working residents. However, because of Aspen's attractiveness as a resort
environment and because of the physical constraints of the upper Roaring Fork Valley,
there is constant pressure for the redevelopment of dwellings currently providing
resident housing for tourist and second-home use. Such redevelopment results in the
displacement of individuals and families who are an integral part of the Aspen work
force. Given the extremely high cost of and demand for market-rate housing, resident
housing opportunities for displaced working residents, which are now minimal, will
continue to decrease.
Preservation of the housing inventory and provision of dispersed housing opportunities
in Aspen have been long-standing planning goals of the community. Achievement of
these goals will serve to promote a socially and economically balanced community,
limit the number of individuals who face a long and sometimes dangerous commute on
State Highway 82, reduce the air pollution effects of commuting and prevent exclusion
of working residents from the City's neighborhoods.
The Aspen Area Community Plan established a goal that affordable housing for
working residents be provided by both the public and private sectors. The City and the
Aspen/Pitkin County Housing Authority have provided affordable housing both within
and adjacent to the City limits. The private sector has also provided affordable housing.
Nevertheless, as a result of the replacement of resident housing with second homes and
tourist accommodations and the steady increase in the size of the workforce required to
assure the continued viability of Aspen area businesses and the City's tourist-based
economy, the City has found it necessary, in concert with other regulations, to adopt
limitations on the combining, demolition or conversion of existing multi-family
housing in order to minimize the displacement of working residents, to ensure that the
private sector maintains its role in the provision of resident housing and to prevent a
housing sho11fall from occurring.
The combining, demolition (see definition of demolition), conversion, or
redevelopment of multi-family housing shall be approved, approved with conditions or
denied by the Planning and Zoning Commission based on compliance with the
following requirements:
(1) Requirements for combining, demolishing, converting or redevelopingfree -
market multi-family housing units. Only one (1) of the following three (3)
options is required to be met when combining, demolishing , converting or
redeveloping a free-market multi-family residential property. To ensure the
continued vitality of the community and a critical mass of local working
residents , no net loss of density (total number of units) between the existing
development and proposed development shall be allowed.
a. One hundred (100) percent replacement. In the event of the
demolition of free-market multi-family housing , the applicant shall have
the option to construct replacement housing consisting of no less than
one hundred (100) percent of the number of units , bedrooms and net
livable area demolished. The replacement units shall be deed-restricted
as resident occupied (RO) affordable housing, pursuant to the Guidelines
of the Aspen/Pitkin County Housing Authority . In summary , this option
replaces the demolished free -market units with an equal number of units ,
bedrooms and net livable area of deed -restricted , Resident Occupied
(RO) development. An applicant may choose to provide the mitigation
units at a lower category designation. Each replacement unit shall be
approved pursuant to subsection ( c ), Affordable Housing, of this Section.
When this one hundred (100) percent standard is accomplished , the
remaining development on the site may be free-market residential
development with no additional affordable housing mitigation required
as long as there is no increase in the number of free-market residential
units on the parcel. Free -market units in excess of the total number
originally on the parcel shall be reviewed pursuant to Section
26.4 70.100 , subsection (h) or (i), Residential Development -sixty (60) or
seventy (70) percent affordable as required.
b. Fifty (50) percent replacement. In the event of the demolition of free -
market multi-family housing and replacement of less than one hundred
( 100) percent of the number of previous units , bedrooms or net livable
area as described above , the applicant shall be required to construct
affordable housing consisting of no less than fifty (50) percent of the
number of units, bedrooms and the net livable area demolished. The
replacement units shall be deed-restricted as Category 4 housing,
pursuant to the guidelines of the Aspen/Pitkin County Housing
Authority. In summary , this option replaces the free-market units -with
fifty (50) percent of the new units, bedrooms and net livable area
allowed as free market units and fifty (50) percent of the new units,
bedrooms and net livable area required as deed-restricted, Category 4 ,
affordable housing units. An applicant may choose to provide mitigation
units at a lower category designation. Each replacement unit shall be
approved pursuant to Section 26.4 70.100 ( c ), Affordable housing.
When this fifty (50) percent standard is accomplished, the remaining
development on the site may be free-market residential development as
long as additional affordable housing mitigation is provided pursuant
to Section 26.4 70.080 , General Requirements, and there is no increase in
the number of free-market residential units on the parcel. Free-market
units in excess of the total number originally on the parcel shall be
reviewed pursuant to Section 26.4 70.100 , subsection (h) or (i),
Residential Development -sixty (60) or seventy (70) percent affordable
as required.
c. One hundred (100) percent affordable housing replacement. When
one hundred (100) percent of the free-market multi-family housing units
are demolished and are solely replaced with deed-restricted affordable
housing units on a site that are not required for mitigation purposes,
including any net additional dwelling units, pursuant to Section
26.4 70.190( c) or Section 26.4 70.100 ( c ), Affordable Housing; all of the
units in the redevelopment are eligible for a Certificate of Affordable
Housing Credit, pursuant to Chapter 26.540 , Certificates of Affordable
Housing Credit. Any remaining unused free market residential
development rights shall be vacated.
(2) Requirements for demolishing deed-restricted, affordable multi-family
housing units. In the event a project proposes to demolish or replace existing
deed-restricted affordable housing units, the redevelopment may increase or
decrease the number of units, bedrooms or net livable area such that there is no
decrease in the total number of employees housed by the existing units. The
overall number of replacement units, unit sizes, bedrooms and category of the
units shall comply with the Aspen/Pitkin County Housing Authority Guidelines.
(3) Location requirement. Multi-family replacement units, both free-market and
affordable, shall be developed on the same site on which demolition has
occurred, unless the owner shall demonstrate and the Planning and Zoning
Commission determines that replacement of the units on site would be in
conflict with the parcel's zoning or would be an inappropriate solution due to the
site's physical constraints.
When either of the above circumstances result, the owner shall replace the
maximum number of units on site which the Planning and Zoning Commission
determines that the site can accommodate and may replace the remaining units
off site, at a location determined acceptable to the Planning and Zoning
Commission, or may replace the units by extinguishing the requisite number of
affordable housing credits, pursuant to Chapter 26.540 , Certificates of
Affordable Housing Credit.
When calculating the number of credits that must be extinguished, the most
restrictive replacement measure shall apply. For example, for an applicant
proposing to replace one (1) one -thousand -square-foot three -bedroom unit at the
fifty (50) percent rate using credits , the following calculations shall be used:
• Fifty (50) percent of one thousand (1,000) square feet= five hundred
(500) square feet to be replaced. At the Code mandated rate of one (1)
FTE per four hundred ( 400) square feet of net livable area , this requires
the extinguishments of 1.25 credits ; or
• A three -bedroom unit= three (3 .0) FTEs. Fifty (50) percent of three
(3.0) FTEs = 1.50 credits to be extinguished .
Therefore , in the most restrictive application , the applicant must extinguish 1.50
credits to replace a three-bedroom unit at the fifty (5) percent rate. The credits to
be extinguished would be Category 4 credits.
( 4) Fractional unit r equirement. When the affordable housing replacement
requirement of this Section involves a fraction of a unit , fee-in-lieu may be
provided only upon the review and approval of the City Council , to meet the
fractional requirement only , pursuant to Section 26.470.1 IO (c), Provision of
required affordable housing via a fee-in-lieu payment.
(5) Timing requirement. Any replacement units required to be deed -restricted as
affordable housing shall be issued a ce1iificate of occupancy , according to the
Building Depaiiment, and be available for occupancy at the same time as, or
prior to, any redeveloped free-market units , regardless of whether the
replacement units are built on site or off site.
(6) Redevelopment agreement. The applicant and the City shall enter into a
redevelopment agreement that specifies the manner in which the applicant shall
adhere to the approvals granted pursuant to this Section and penalties for
noncompliance. The agreement shall be recorded before an application for a
demolition permit may be accepted by the City.
(7) Growth management allotments. The existing number of free-market
residential units, prior to demolition, may be replaced exempt from growth
management , provided that the units conform to the provisions of this Section .
The redevelopment credits shall not be transferable separate from the property
unless permitted as described above in subsection (3), Location requirement.
(8) Exemptions. The Community Development Director shall exempt from the
procedures and requirements of this Section the following types of development
involving Multi-Family Housing Units. An exemption from these replacement
requirements shall not exempt a development from compliance with any other
provisions of this Title :
a. The replacement of Multi-Family Housing Units after non-willful
demolition such as a flood, fire, or other natural catastrophe, civil
commotion, or similar event not purposefully caused by the landowner.
The Community Development Director may require documentation be
provided by the landowner to confirm the damage to the building was in-
fact non-willful.
To be exempted, the replacement developnient shall be an exact
replacement of the previous number of units, bedrooms, and square
footage and in the same configuration. The Community Development
Director may approve exceptions to this exact replacement requirement
to accommodate changes necessary to meet current building codes;
improve accessibility; to conform to zoning, design standards, or other
regulatory requirements of the City; or, to provide other architectural or
site planning improvements that have no substantial effect on the use or
program of the development. (Also see Chapter 26.312 ,
Nonconformities.) Substantive changes to the development shall not be
exempted from this Section and shall be reviewed as a willful change
pursuant to the procedures and requirements of this Section.
b. The demolition of Multi-Family Housing Units by order of a public
agency including, but not limited to, the City of Aspen for reasons of
preserving the life, health, safety, or general welfare of the public.
c. The demolition, combining, conversion, replacement, or
redevelopment of Multi-Family Housing Units which have been used
exclusively as tourist accommodations or by non-working residents. The
Community Development Director may require occupancy records,
leases, affidavits, or other documentation to the satisfaction of the
Director to demonstrate that the unit( s) has never housed a working
resident. All other requirements of this Title shall still apply including
zoning, growth management, and building codes.
d. The demolition, combining, conversion, replacement, or
redevelopment of Multi-Family Housing Units which were illegally
created (also known as "Bandit Units"). Any improvements associated
with Bandit Units shall be required to conform to current requirements of
, this Title including zoning, growth management, and building codes.
Replaced or redeveloped Bandit Units shall be deed restricted as
Resident Occupied affordable housing, pursuant to the Guidelines of the
Aspen/Pitkin County Housing Authority.
e. Any development action involving demising walls or floors/ceilings
necessary for the normal upkeep, maintenance, or remodeling of adjacent
Multi-Family Housing Units.
f. A change order to an issued and active building permit that proposes to
exceed the limitations of remodeling/demolition to rebuild portions of a
structure which , in the opinion of the Community Development Director,
should be rebuilt for structural , safety , accessibility , or significant energy
efficiency reasons first realized during construction, which were not
known and could not have been reasonably predicted prior to
construction , and which cause no or minimal changes to the exterior
dimensions and character of the building.
( e) Expansion or new commercial development. The expansion of an existing
commercial building or commercial portion of a mixed -use building or the
development of a new commercial building or commercial portion of a mixed-
use building shall be approved , approved with conditions or denied by the
Planning and Zoning Commission based on general requirements outlined
in Section 26.470.080 .
(f) New free-market residential units within a multi-family or mixed-use
project. The development of new free-market residential units within a multi-
family or mixed-use project shall be approved, approved with conditions or
denied by the Planning and Zoning Commission based on the general
requirements outlined in Section 26.4 70.080 and the following crite r ia :
(1) Affordable housing net livable area shall be provided in an amount
equal to at least thirty (30)percent of the new free-market residential net
livable area. (Note that for new free-market units that are included as
part of a project subject to section 26.4 70.100 ( d), Demolition or
redevelopment of multi-family housing, the requirements in said section
shall prevail.)
(2) Affordable housing units provided shall be approved pursuant
to Section 26.4 70.100 ( c ), Affordable Housing.
(3) The mitigation unit(s) must be deed-restricted as a "for sale"
Category 2 ( or lower) housing unit and transferred to a qualified
purchaser according to the provisions of the Aspen/Pitkin County
Housing Authority Guidelines.
(g) Expansion or new lodge development. The expansion of an existing lodge,
the redevelopment of existing lodge which meets the definition of demolition, or
the development of a new lodge shall be approved , approved with conditions or
denied by the Planning and Zoning Commission based on the following criteria:
(1) Sixty-five (65) percent of the employees generated by the lodge ,
timeshare lodge , exempt timeshare units, and associated commercial
development, according to Section 26.4 70.0S0 (b ), Employee Generation,
shall be mitigated through the provision of affordable housing.
(2) Free-market residential units included in a lodge development and
which may be rented to the general public as a lodge unit shall be
considered lodge units and mitigated through the provision of affordable
housing in accordance with this Section.
(3) Affordable housing units provided shall be approved pursuant
to Section 26.4 70.100 ( c ), Affordable Housing.
( 4) New or redeveloped Boutique Lodges, or the conversion of lodge,
residential or commercial uses to boutique lodge is subject to the
mitigation standards for commercial uses as provided for in Section
26.4 70.080 ( d)(l) and (3).
Note: A residential project that creates new lots via Subdivision, pursuant
to Chapter 26.480 , Subdivision, (excepting lot splits) or the replacement of
existing multi-family units following Demolition, pursuant to Section
26.4 70.100 ( d), shall have the choice of using either Section 26.4 70.1 00 (h)
or 26.4 70.1 00 (i), as specified below. These de:velopment types require the
granting of development allotments .
(h) Residential development-Sixty (60) percent affordable. The development of
a residential project or an addition of units to an existing residential project, in
which a minimum of sixty (60) percent of the additional units and thirty (30)
percent of the additional Allowable Floor Area is affordable housing deed-
restricted in accordance with the Aspen/Pitkin County Housing Authority
Guidelines, shall be approved, approved with conditions or denied by the
Planning and Zoning Commission based on the following criteria:
(1) A minimum of sixty ( 60) percent of the total additional units and
thirty (30) percent of the project's additional Allowable Floor Area shall
be affordable housing. Multi-site projects are permitted. Affordable
housing units provided shall be approved pursuant to Section
26.4 70.100 ( d), Affordable Housing, and shall average Category 4 rates
as defined in the Aspen/Pitkin County Housing Authority Guidelines, as
amended. An applicant may choose to provide mitigation units at a lower
category designation.
(2) If the project consists of only one (1) free-market residence, then a
minimum of one ( 1) affordable residence representing a minimum of
thirty (30) percent of the project's total Allowable Floor Area and deed-
restricted as a Category 4 "for sale" unit, according to the provisions of
the Aspen/Pitkin County Affordable Housing Guidelines, shall qualify.
(i) Residential development-Seventy (70) percent affordable. The development
of a residential project or an addition to an existing residential project, in which
seventy (70) percent of the project's additional units and seventy (70) percent of
the project's additional bedrooms are affordable housing deed -restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines, shall
be approved, approved with conditions or denied by the Planning and Zoning
Commission based on the following criteria:
( 1) Seventy (70) percent of the total additional units and total additional
bedrooms shall be affordable housing. At least fo1iy ( 40) percent of the
units shall average Category 4 rates as defined in the Aspen/Pitkin
County Housing Authority Guidelines. The remaining thitiy (30) percent
affordable housing unit requirement may be provided as Resident
Occupied (RO) units as defined in the Aspen/Pitkin County Housing
Authority Guidelines. Multi-site projects are permitted. Affordable
housing units provided shall be approved pursuant to Section
26.470.070 (4), Affordable Housing. An applicant may choose to provide
mitigation units at a lower category designation.
(2) If the project consists of one (1) free-market residence , then the
provision of one (1) RO residence and one (1) category residence shall
be considered meeting the seventy-percent unit standard. If the project
consists of two (2) free -market residences , then the provision of two (2)
RO residences and t w o (2) catego ry residences shall qualify.
(Ord. No. 23-2017 ; Ord. No . 6-2019 ; Ord. No. 12-2019 ; Ord. No. 12-2021 , § 1, 5-11-
2021; Ord. No. 13-2021 , § 4 , 5-11 -2021; Ord. No. 13-2022 , § 7, 6-28-2022)
Sec. 26.470.110. -City council applications.
The following types of development shall be approved, approved with conditions or denied by
the City Council, pursuant to Section 26.4 70.060 , Procedures for Review, and the criteria for
each type of development described below. Except as noted, all growth management
applications shall comply with the general requirements of Section 26.470.080 . Except as
noted , all City Council growth management approvals shall be deducted from the respective
annual development allotments , w h en app li cabl e .
(a) Multi-year development allotment. The City Council, upon a recommendation from
the Planning and Zoning Commission , shall approve, approve with conditions or deny a
multi-year development allotment request based on the following criteria:
(1) A project is required to meet at least five (5) of the following criteria.
a. The proposal exceeds the minimum affordable housing required for a
standard project.
b . The proposed project represents an excellent historic preservation
accomplishment. A recommendation from the Historic Preservation
Commission shall be considered for this standard.
\
c. The proposal furthers affordable housing goals by providing units
established as priority through the current Aspen/Pitkin County Housing
Authority Employee Housing Regulations and Housing Development
Policy and provides a desirable mix of affordable unit types, economic
levels and lifestyles ( e.g., singles, seniors, families, etc.).
d. The proposal minimizes impacts on public infrastructure by
incorporating innovative, energy-saving techniques . Recommendations
from relevant departments shall be considered for this standard. For
example, if an applicant proposed an innovative design related to the
storm sewer system, a recommendation from the Engineering
Department shall be considered.
e. The proposal minimizes construction impacts beyond minimum
requirements both during and after construction. A recommendation
from the Engineering and Building Departments shall be considered for
this standard.
f. The proposal maximizes potential public transit usage and minimizes
reliance on the automobile by exceeding the requirements in Chapter
26.515 , Off-Street Parking and Mobility. A recommendation from the
Transportation and Engineering Departments shall be considered for this
standard.
g. The proposal exceeds minimum requirement's of the Residential
Demolition and Redevelopment Standards or for LEED certification, as
applicable. A recommendation from the Building Department and/or
Engineering Department shall be considered for this standard.
h. The proposal represents a desirable site plan and an architectural
design solution.
i. The proposal promotes opportunities for local businesses through the
provision of Alley stores or second-tier commercial space.
(2) The project complies with all other provisions of the Land Use Code and has
obtained all necessary approvals from the Historic Preservation Commission,
the Planning and Zoning Commission and the City Council, as applicable.
(3) The Community Development Director shall be directed to reduce the
applicable annual development allotments, as provided in Section 26.470.120 , in
subsequent years as determined appropriate by the City Council.
(b) Provision of required affordable housing units outside City limits. The provision of
affordable housing, as required by this Chapter, with units to be located outside the City
boundary, upon a recommendation from the Planning and Zoning Commission, shall be
approved, approved with conditions or denied by the City Council based on the
following criteria:
(1) The off-site housing is within the Aspen Urban Growth Boundary.
(2) The proposal furthers affordable housing goals by providing units
established as priority through the current Aspen/Pitkin County Housing
Authority Guidelines and provides a desirable mix of affordable unit types,
economic levels and lifestyles ( e.g., singles, seniors and families).
(3) The applicant has received all necessary approvals from the governing body
with jurisdiction of the off-site parcel.
City Council may accept any percentage of a project's total affordable housing
mitigation to be provided through units outside the City's jurisdictional limits,
including all or none.
(c) Provision of required affordable housing via a fee-in-lieu payment. The provision of
affordable housing in excess of 0.10 Full-Time Equivalents (FTEs) via a fee-in-lieu
payment, upon a recommendation from the Planning and Zoning Commission shall be
approved, approved with conditions or denied by the City Council based on the
following criteria:
(1) The provision of affordable housing on site (on the same site as the project
requiring such affordable housing) is impractical given the physical or legal
parameters of the development or site or would be inconsistent with the
character of the neighborhood in which the project is being developed.
(2) The applicant has made a reasonably good-faith effort in pursuit of providing
the required affordable housing off site through construction of new dwelling
units, the deed restriction of existing dwelling units to affordable housing status,
or through the purchase of affordable housing certificates.
(3) The applicant has made a reasonably good-faith effort in pursuit of providing
the required affordable housing through the purchase and extinguishment of
Certificates of Affordable Housing Credit.
(4) The proposal furthers affordable housing goals, and the fee-in-lieu payment
will result in the near-term production of affordable housing units.
The City Council may accept any percentage of a project's total affordable
housing mitigation to be provided through a fee-in-lieu payment, including all
or none.
( d) Essential public facilities. The development of an essential public facility, upon a
recommendation from the Planning and Zoning Commission, shall be approved,
approved with conditions or denied by the City Council based on the following criteria:
(1) The Community Development Director has determined the primary use
and/or structure to be an essential public facility (see definition). Accessory uses
may also be part of an essential public facility project.
(2) The Planning and Zoning Commission shall determine the number of
employees generated by the essential public facility pursuant to Section
26.470 .0S0 (c), Employee Generation Review.
(3) Upon a recommendation from the Community Development Director and the
Planning and Zoning Commission, the City Council may assess, waive or
partially waive affordable housing mitigation requirements as is deemed
appropriate and warranted for the purpose of promoting civic uses and in
consideration of broader community goals.
( e) Preservation of significant open space parcels. On a project-specific basis and upon
a recommendation from the Planning and Zoning Commission, the City Council shall
approve, approve with conditions or deny development of one ( 1) or more residences in
exchange for the permanent preservation of one (1) or more parcels considered
significant for the preservation of open space. The preservation parcel may lie outside
the City jurisdiction. The exempted residential units shall be deducted from the
respective annual development allotment established pursuant to Section 26.4 70.04 0(b).
The exempted residential units shall provide affordable housing mitigation, pursuant to
the applicable requirements of Chapter 26.470 . This exemption shall only apply to the
specific residences approved through this provision. Other residences within a project
not specifically exempted through this provision shall require growth management
approvals pursuant to this Chapter. The criteria for determining the significance of a
preservation parcel and the associated development rights to be granted may include:
(1) The strategic nature of the preservation parcel to facilitate park, trails or
open space objectives of the City. This shall include a recommendation from the
City of Aspen Open Space Acquisition Board.
(2) Identification of the preservation parcel as desirable for preservation in any
adopted master plans of the City or following a recommendation from the Parks
and Open Space Department.
(3) Proximity and/or visibility of the preservation parcel to the City.
( 4) The development rights of the preservation parcel, including the allowed
uses and intensities and impacts associated with those uses if developed to the
maximum.
(5) The proposed location of the parcel being granted growth management
approvals and the compatibility of the resulting uses and intensities of
development with the surrounding neighborhood, including the impacts from the
specified method of providing affordable housing mitigation. The new
residences shall be restricted to the underlying zoning restrictions of the
property on which they lie unless additional restrictions are necessary in order to
meet this criterion.
(6) The preservation parcel shall be encumbered with a legal instrument,
acceptable to the City Attorney, which sterilizes the parcel from further
development in perpeh1ity.
(t) Reduction in lodge units. The reduction of units in an existing or approved Lodge or
Boutique Lodge shall be reviewed pursuant to the standards listed below. Review shall
be by City Council pursuant to Section 26.470.060 (c), Step Two. Properties ceasing all
lodging operations shall not be subject to this review. Physical changes to the property
may be required for compliance with zoning limitations.
(1) The project shall comply with the review standards outlined in Section
26.425.035 , Conditional Use -Standards for Boutique Lodge Uses, but shall not
be subject to a Conditional Use review unless required by the underlying zone
district or overlay zone district.
(2) The proposed use meets the definition of Boutique Lodge or Lodge
in Section 26.104.110 , as applicable.
(3) The proposed reduction will likely result in a product that meets customer
demand. The lodge may provide documentation to indicate their targeted
consumer's lodging expectations.
( 4) The proposed reduction will not likely result in the property being used as a
private residence. The city may request assurances that the lodge is not being
converted to a private residence through a development agreement, or the like.
(g) Additional allotments for local property owners of Single-Family and Duplex
Redevelopment or Expansion that does trigger Demolition as defined by Chapter
26.580 and Section 26.4 70.090 (c). Any property owner within the City who applied for
an allotment through Section 26.4 70.090 and was not granted an allotment due to a lack
of allotments available for the calendar year can request an allotment from future years.
Up to two (2) allotments may be granted through this process and shall not be deducted
from a future year's available allotments. This review procedure is available only to
property owners who can establish, through such procedures and documentation set
forth below, that the property proposed for redevelopment or expansion has been
owned and occupied by the applicant or applicant's immediate family members for at
least 35 years. All other property owners may request an allotment through the Multi-
year development allotment procedures outlined in Section 26.4 70.11 0 (a). The
following review criteria shall apply to the consideration of the award of additional
allotments pursuant to this subsection (g):
( 1) The property owner or immediate family members have owned and occupied
the property for at least thirty-five (35) years. Documentation evidencing
ownership and residency shall be provided, which may include but is not limited
to property transactions records, prope1iy tax remittance, voter registration
records, and the like. Additionally, signed affidavit(s) attesting to ownership and
occupancy for all thirty-five (35) years must be submitted.
(2) The granting of the allotment furthers the goals, objectives and policies of
the Aspen Area Community Plan.
(3) The project meets all review criteria in Section 26.4 70.090 ( c )(3), or a
variation is approved by the Planning and Zoning Commission.
(Ord. No. 13-2022 , § 7, 6-28-2022)
Sec. 26.470.120. -Yearly growth management accounting procedures.
(a) General. The Community Development Director shall maintain an ongoing account
of available, requested and approved growth management allocations for all land uses
identified in Table 1 of Section 26.470.020 . Allotments shall be considered allocated
upon issuance of a development order for the project. Unless specifically not deducted
from the annual development allotment, all units of growth shall be included in the
accounting. Approved affordable housing units shall be counted regardless of the unit
being provided as mitigation or otherwise.
(b) Yearly Allotment Carry-Forward Procedures. At the conclusion of each growth
management year, the Community Development Director shall prepare a summary of
growth allocations. The City Council, at its first regular meeting of the growth
management year, shall review the prior year's growth summary, consider a
recommendation from the Community Development Director, and shall, via adoption of
a resolution, establish the number of unused and unclaimed allotments to be carried
forward and added to the annual allotment. A public hearing is not required and this
action may be completed as part of City Council's consent calendar.
The City Council may carry forward any portion of the previous year's unused
allotment, including all or none. The City Council shall consider the following criteria
in determining the allotments to be carried forward:
(1) The community's growth rate over the preceding five-year period.
(2) The ability of the community to absorb the growth that could result from a
proposed development utilizing accumulated allotments, including issues of
scale, infrastructure capacity, construction impacts and community character.
(3) The expected impact from approved developments that have obtained
allotments, but that have not yet been built.
_)
There is no limit, other than that implemented by the City Council, on the amount of
potential growth that may be carried forward to the next year.
Any allotments awarded to a project which does not proceed and which are considered
void shall constitute unused allotments and may be considered for allotment roll-over
by the City Council for the year from which they were assigned. If a project decides not
to proceed with the development after Council's decision on roll-over allotments for
that year, then those allotments shall be considered expired and no longer available.
Allotments shall be considered vacated by a prope1iy owner upon written notification
from the property owner or upon expiration of the development right pursuant
to Section 26.4 70.040 ( d), Expiration of Growth Management Allotments.
(Ord. No. 13-2022 , § 7, 6-28-2022)
Sec. 26.470.130. -Application contents.
Applications for growth management shall include the following:
( 1) The general application information required in Common development review
procedures, Chapter 26.304 .
(2) A site-improvement survey meeting the requirements of Title 29 , Engineering
Design Standards.
(3) A description of the project and the number and type of the requested growth
management allotments.
( 4) A detailed description and site plan of the proposed development, including
proposed land uses, densities, natural features, traffic and pedestrian circulation, off-
street parking, open space areas, infrastructure improvements, site drainage and any
associated off-site improvements.
(5) A description of the proposed affordable housing and how it provides adequate
mitigation for the project and conforms to the Aspen/Pitkin County Housing Authority
Guidelines.
(6) A statement specifying the public facilities that will be needed to accommodate the
proposed development, proposed infrastructure improvements and the specific
assurances that will be made to ensure that the public facilities will be available to
accommodate the proposed development.
(7) A written response to each of the review criteria for the particular review requested.
(8) Copies of required approvals from the Planning and Zoning Commission, Historic
Preservation Commission and the City Council, as necessary.
(Ord. No. 23-2017 ; Ord. No. 12-2019 ; Ord. No. 13-2022 , § 7, 6-28-2022)
Sec. 26.470.140. -Reconstruction limitations.
In reconstruction scenarios, growth management allotments and any other reconstruction rights
that this Code establishes, may continue, subject to the following limitations.
(a) An applicant may propose to demolish and then delay the reconstruction of existing
development for a period not to exceed one (1) year. To comply with this limitation and
maintain the reconstruction right, an applicant must submit a complete building permit
application for reconstruction on or before the one-year anniversary of the issuance date
of the demolition permit. The City Council may extend this deadline upon
demonstration of good cause. The continuation of growth management allotments in a
reconstruction scenario for single-family and duplex development are not subject to this
time limitation.
(b) Single-family and duplex development receive no credit for existing Mitigation
Floor Area for the purposes of determining affordable housing mitigation in
redevelopment scenarios that meet the definition of Demolition, per Chapter 26.580 .
The exception to this is when a single-family or duplex is demolished by an act of
nature or through any manner not purposefully accomplished by the owner.
( c) Applicants shall verify existing conditions prior to demolition with the City Zoning
Officer. An applicant's failure to accurately document existing conditions prior to
demolition and verify reconstruction rights with the City Zoning.
(d) Reconstructed buildings shall comply with applicable requirements of the Land Use
Code, including but not limited to Chapter 26.312 , Nonconformities, and Chapter
26. 710 , Zone Districts.
( e) Any reconstruction rights shall be limited to reconstruction on the same parcel or on
an adjacent parcel under the same ownership.
(f) Residential redevelopment eredits may be converted to lodge redevelopment eredits
by right. The conversion rate shall be three (3) lodge units per eaeh one (1) residential
unit. This is a one Vla:)' conversion, and lodge eredits may not be converted to
residential eredits .
(Ord. No. 13-2022, § 7, 6-28-2022)
Sec. 26.470.150. -Amendment of a growth management development order.
(a) Insubstantial amendment. An insubstantial amendment to an approved growth
management development order may be authorized by the Community Development
Director if:
(1) The change conforms to all other provisions of the Land Use Code and does
not exceed approved variations to the residential design standards, require an
amendment to the commercial design review approval or such variations or
amendments have been approved.
(2) The change does not alter the number, size, type or deed restriction of the
proposed affordable housing units , subject to compliance with the Aspen/Pitkin
County Housing Authority Guidelines.
(3) The change is limited to technical or engineering considerations discovered
prior to or during actual development that could not reasonably be anticipated
during the review process or any other minor change that the Community
Development Director finds has no substantial effect on the conditions and
representations made during the original project review.
(b) Substantial amendment. All other amendments to an approved growth management
development order shall be reviewed pursuant to the terms and procedures of this
Chapter. Allotments granted shall remain valid and applied to the amended application,
provided that the amendment application is submitted prior to the expiration of vested
rights. Amendment applications requiring additional allotments or allotments for
different uses shall obtain those allotments pursuant to the procedures of this Chapter.
Any new allotments shall be deducted from the growth management year in which the
amendment is submitted.
(Ord. No. 13-2022 , § 7, 6-28-2022)
Sec. 26.470.160. -Appeals.
(a) Appeal of adverse determination by Community Development Director. An appeal
made by an applicant aggrieved by a determination made by the Community
Development Director on an application for administrative review shall be to the
Planning and Zoning Commission. The appeal procedures set forth at Chapter
26.316 shall apply. The Planning and Zoning Commission may reverse, affirm or
modify the decision or determination of the Community Development Director based
upon the application submitted to the Community Development Director and the record
established by the Director's review. The decision of the Planning and Zoning
Commission shall constitute the final administrative action on the matter.
(b) Appeal of adverse determination by Planning and Zoning Commission. An appeal
made by an applicant aggrieved by a determination made by the Planning and Zoning
Commission on an application for Planning and Zoning Commission review shall be to
the City Council. The appeal procedures set forth at Chapter 26.316 shall apply. The
City Council may reverse , affirm or modify the decision or determination of the
Planning and Zoning Commission based upon the application submitted to the Planning
and Zoning Commission and the record established by the Commission's review. The
decision of the City Council shall constitute the final administrative action on the
matter.
( c) Insufficient development allotments. Any property owner within the City who is
prevented from developing a property because that year's development allotments have
been entirely allocated may appeal to the City Council for development approval. An
application requesting allotments must first be denied due to lack of necessary
allotments. The appeal procedures set fo1ih at Chapter 26.316 shall apply. The City
Council may take any such action determined necessary, including but not limited to
making a one-time increase of the annual development allotment sufficient to
accommodate the application.
(Ord. No. 14. 2007, §§ 1, 10 ; Ord. No. 31, 2016, § 1; Ord. No. 12-2019 ; Ord. No. 13-2022 , § 7,
6-28-2022)
ExhibitB
Sec. 26.212.010. -Powers and duties.
In addition to any authority granted the Planning and Zoning Commission (hereinafter "Commission") by
state law or the Municipal Code of the City of Aspen, Colorado, the Commission shall have the following
powers and duties:
(a) To initiate amendments to the text of this Title, pursuant to Chapter 26.31 O;
(b) To review and make recommendations of approval or disapproval of amendments to the text of
this Title, pursuant to Chapter 26.31 O;
( c) To initiate amendments to the Official Zone District Map, pursuant to Chapter 26.31 O;
( d) To review and make recommendations of approval, approval with conditions or disapproval to
the City Council in regard to amendments of the Official Zone District Map, pursuant to Chapter
26.310 ;
( e) To review and make recommendations of approval, approval with conditions, or disapproval to
the City Council on a Planned Development Project Review and to approve, approve with
conditions, or deny Planned Development Detailed Review, pursuant to Chapter 26.445 , Planned
Development;
(f) To review and grant allotments for residential, office, commercial and lodge pursuant to growth
management quota system (GMQS), pursuant to Chapter 26.470 ;
(g) To hear, review and recommend approval, approval with conditions or disapproval of a plat for
subdivisi?n, pursuant to Chapter 26.480 ;
(h) To hear and approve, approve with conditions or disapprove conditional uses pursuant
to Chapter 26.425 ;
(i) To hear and approve, approve with conditions or disapprove development subject to special
review, pursuant to Chapter 26.430 ;
G) To hear and approve, approve with conditions or disapprove development in environmentally
sensitive areas (ESA), pursuant to Chapter 26.435 ;
(k) To make its special knowledge and expertise available upon reasonable written request and
authorization of the City Council to any official, department, board, commission or agency of the
City, County, State or the federal government;
(1) To adopt such rules of procedure necessary for the administration of its responsibilities not
inconsistent with this Title; •
(m) To grant variances, not including variances to allowable FAR or height, from the provisions of
this Title when a consolidated application is presented to the Commission for review and approval
pursuant to Chapter 26.314 ;
(n) To grant variances from the provisions of this Title when a consolidated application is presented
to the Commission for review and approval pursuant to Chapter 26.314 ;
( o) To hear, review and approve variances to the residential design guidelines , pursuant to Chapter
26.410 ;
(p) To hear and decide appeals from and review any order, requirement, decision or determination
made by any administrative official charged with the enforcement of Chapter 26.410 , including
appeals of interpretation of the text of the residential design standards. The Commission may only
grant relief from the residential design standards. A variance from the residential design standards
does not grant an approval to vary other standards of this Chapter that may be provided by another
decision-making administrative body; and
( q) To hear, review and approve , approve with conditions or disapprove an application for Public
Projects Review, pursuant to Chapter 26.500 .
(r) To hear, review and approve, approve with conditions or disapprove an application appealing the
Cmmnunity Development Director's determination that Demolition has been triggered pursuant
to Chapter 26.580 .
(Ord. No. 41-2002, § 1; Ord. No. 50a-2005, § 3 ; Ord. No. 12-2007, § 6 ; Ord. No. 31-2012, § 4 ; Ord. No. 36-
2013. § 8; Ord. No. 46-2015, § § 5&6 ; Ord. No. 13-2022 , § 3, 6-28-2022)