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HomeMy WebLinkAboutChapter 26.470 - GMQSChapter 26.470 GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) Sections: See.26.470.010 Purpose. Sec.26.470.020 Applicability. Sec. 26.470.030 Aspen metro area development ceilings and annual allotments. Sec. 26.470.040 Exempt development. Sec. 26.470.050 General requirements. Sec. 26.470.060 Administrative applications. Sec. 26.470.070 Minor Planning and Zoning Commission applications. Sec. 26.470.080 Major Planning and Zoning Commission applications. Sec. 26.470.090 City Council applications. See. 26.470. 100 Calculations. Sec. 26.470.110 Growth management review procedures. Sec. 26.470.120 Community objective scoring criteria. See. 26.470.130 Reconstruction limitations. Sec. 26.470.140 Amendment of a growth management development order. See.26.470.150 Appeals. 26.470.010 Purpose The purposes of this Chapter are as follows: 1. To implement the Aspen Area Community Plan's goals and policies, in conjunction with the background research and studies conducted in support of the Plan; 2. To ensure that new growth occurs in anorderly and efficient manner in the City; 3. To ensure sufficient public facilities to accommodate new growth and development; 4. To ensure that new growth and development is designed and constructed to maintain the character and ambiance of the City; 5. To ensure an adequate supply of affordable housing, businesses and events that serve the local, permanent community and the area's tourist base; 6. To ensure that growth does not overextend the community's ability to provide support services, including employee housing, traffic control and parking; and 7. To ensure that the resulting einpLoyees-generatesLand-j-mpacts created by develonment �n� redevelopment are mitieated byi sad d_ e__velonment and _redevelopment. (Ord. No. 21-2005, §1; Ord. No. 14, 2007, §1) 26.470.020 Applicability. A. General. This Chapter shall apply to all development in the City — residential, lodging, commercial and community facilities. The "growth management year," as the term is used in this Chapter, shall be from January 1 through December 31. City of Aspen Land Use Code Part 400 — GMQS Page 1 B. Development Categories. Table 4-1 establishes the development categories and units of allocation for each category for purposes of administering this Chapter. TABLE 4-1, Development Categories Category Description Allocationunits A. Residential — Dwelling units intended exclusively for Dwelling units Free -Market residential purposes, not subject to any residency requirements and not including hotels, lodging, or timeshare units. Units may be in the form of single-family, duplex, multi -family or part of a mixed -use structure. (See definitions of Residential use and Dwelling.) B. Residential — Dwelling units intended to house only local Dwelling units Affordable Housing working residents and deed restricted according to the Aspen/Pitkin County Housing Authority Guidelines. Units may be in the form of single- family, duplex, multi -family, dormitory or part of a mixed -use structure. (See definition of Affordable housing.) C. Commercial Buildings, or portions thereof, supporting office, Net leasable retail, warehousing, manufacturing, commercial square feet recreation, restaurant/bar or service oriented businesses, including retail and office uses but not including hotel, lodging or timeshare uses. See definition of Commercial use. D. Lodging Buildings, or portions thereof, used to house a Lodging pillows. transient tourist population on a short-term Each lodging basis, including lodges, hotels, motels, bed and bedroom shall be breakfasts, timeshare lodging and exempt considered to be timesharing. See definition of Hotel.) two pillows E. Essential Facilities serving essential public purposes used Square feet Public Facilities by or for the benefit of the general public and serving the needs of the. community. (See definition of Essential public facility.) (Ord. No. 21-2005, §1; Ord. No. 14, 2007, §1) 26.470.030 Aspen Metro Area Development Ceilings and Annual Allotments. A. General. As the primary implementation tool for the Aspen Area Community Plan (AACP), the Growth Management Quota System (GMQS) is designed to promote many objectives. Despite its complexity, two (2) overriding goals form its core: (1) to prohibit development in excess of the AACP objective of a thirty -thousand -peak population (permanent and visitor); and (2) to ensure that the rate at which growth occurs does not exceed the community's ability to cope with associated public facility and service demands and accompanying changes to community character. City of Aspen Land Use Code Part 400 — GMQS Page 2 Aspen area residents have determined that the maximum average growth rate that can be accommodated without long-tenn negative consequences is two perccnt__(2%)_per, year, with the exception. of permanently affordable _housing and lodging _facilities: The AACP, supports a "critical maW''_of permanent residents to be housed and a_gr_owth rate of more than two percent (2%1 for affordable housing to ensure a balance of resort and community. The Economic Sustainability Committee, a joint effort undertaken in 2002 between the City, the Aspen Institute Community Forum and the Aspen Chamber Resort Association, supported, as their Number One recommendation, the redevelopinent-of Pxisting lodging facilities and the development of new lodging facilities to counteract the deteriorating and greatly decreased lodging_base_ Therefore, the GMQS does not limit the annual growth rate of affordable housing and lodging facilities, while all other types of development shall be limited to not exceed a two -percent annual growth rate. In order to address continued community growth concerns, a_growth limit of one—half percent_ 0.5%)has been -implemented -for new free-market residential development. For a variety of reasons, it is possible that the community's actual population growth might exceed the designated growth rate percentages in some years. Previous GMQS approvals and in/out- migration, for example, can result in periods of construction activity and population growth that exceed the planned average annual growth rate. 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. I C. Development ceiling levels. Based on the 2000 Aspen Area Community Plan goal of limiting the ultimate population in order to preserve a quality of life for both residents and visitors, pmvth ceilings are hereby established for each type of�l nd use. Commercial Development Within the City (square feet Commercial use "class" Leasable < square feet for class Merchandising 365,486 Lodging 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 k ( I Source: Pitkin County Assessor, March 7, 2005 2 Lodge unit square footage removed from total. Commercial space within lodge developments estimated through City records. City of Aspen Land Use Code Part 400 — GMQS Page 3 V Residential Development Within the City (units) Property type Residences in class Single-family 1,268 Duplex or triplex 79 Multi -units 4-8 45 Multi -units 9+ 142 Condominiums 2,978 Duplex condos 366 Manufactured 29 Partial exempt 1 Total residences: 4,909 Nonexempt affordable housing units 5 1,132 Total free-market residences 3,777 0.5% Annual growth rate for free-market residential development: 18.9 units Lodging Development Within the City (Pillows) Total lodging pillows: 7,500 1.5% Annual growth rate 112.5 pillows 3 Single ownership duplex and triplex units. 2 units per property ownership estimated. Single ownership apartment buildings. Residence count reflects actual number of units recorded with Assessor. ' A total of 1,815 residences within the City are deed -restricted affordable housing. Of these units, several are considered tax-exempt and are not included in the Assessor's counts. These units are rental affordable housing owned by the City, APCHA or tax-exempt nonprofit organizations. Therefore, only the nonexempt units have been subtracted from the Assessor's total residences to determine the number of free-market residences. City of Aspen Land Use Code Part 400 — GMQS Page 4 As part of the 2000 AACP, average monthly population was estimated based on daily influent flows of the Aspen Consolidated Sanitation District. This data was used to estimate the actual number of people in the City, including residents, tourists and the workforce. A total population of twenty- three thousand fifty (23,050) was estimated for the busiest month in 1998, July. Based on this month as the peak monthly population baseline, a total development ceiling to accommodate a total population of thirty thousand (30,000) represents a thirty -percent increase in development. Applied to each development sector, development ceilings are established as follows: Development Type Current Development " Development Ceiling Free-market residential 3,777 4,906 Affordable housing 1,608 2,4286 Commercial (sq. ft.) 1,664,938 2,164,420 Lodging 7,500 pillows 11,160 pillows? The Community Development Director shall calculate the number of allotments remaining under established development ceilings as part of the year-end growth summary. Under no circumstances shall development be allowed in excess of the development ceilings unless the City Council, pursuant to Section 26.470.090, Appeals, permits development in excess of the ceilings. 6 The development ceiling for affordable housing is based on the 2000 AACP goal of providing an additional 800 to_1,300 affordable housing units. 588 affordable housing units have been completed and another 99 have been approved since adoption of the plan (as of January 2005). Although most of these units were either approved, under construction or occupied at the time of the plan adoption, they were recognized in the plan as part of the overall housing need and represent progress towards the goal. Considering the completed units, the affordable housing development ceiling has been established at 2,428 units, an increase of 613 units. 7 The development ceiling for lodging is based on the "pillow count' of Stay Aspen Snowmass. This number peaked in 1995, with 9 959 pillows in the Aspen inventory. The 1998 pillow count of 8,583 was used to establish the development ceiling. 7,500 pillows existed in 2007, and this figure was used to establish the annual quota. The pillow count, because it is more accurate than unit counts at the time of the ordinance codified herein, shall be used to determine progress towards the development annual quotas and the development ceiling. City of Aspen Land Use Code Part 400 — GMQS Page 5 D. Annual develop ent allotments. The Growth Management Quota System establishes annual development allo ments available for use by projects during each growth management year, January 1 to DecembeY l.- The number of development allotments available within a single growth management year varies based on the following factors: 1. The type of land use. 2. The annual allotment available for each land use. 3. The number of allotments granted the previous year and whether or not the City Council permits an accumulation from year to year. 4. The number of multi -year allotments granted by the City Council from future years. 5. The number of allotments already granted in the current growth management year. The Community Development Director shall calculate the development allotments available for each type of land use as follows: annual Carry -forward Available development allotments — allotment + allotment from prior year Where the above terms are defined and established as follows: Annual allotment. The annual allotment reflects each year's potential growth within the City, applied to each type of land use. The annual allotment may be reduced if multi -year allotments are granted by the City Council. The following annual allotments are hereby established: Development Type Annual Allotment Residential — Free -Market 18 units Commercial 3 3,3 00 net leasable square feet Residential —Affordable Housing No annual limit Lodging 112 pillows Essential public facility No annual limit Allotments shall be considered not granted upon denial of the project and completion of any appeals. Allotments shall be considered vacated by a property owner upon written notification from the property owner. _Carry -forward allotment. At the conclusion of each growth management year, the City Council shall determine the amount of unused and unclaimed allotments, for each type of development, and may assign the unused allotment to become part of the available development allotment for future City of Aspen Land Use Code Part 400 — GMQS Page 6 projects (see accounting procedure). 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. Allotments awarded to a project which does not proceed and which are considered void shall constitute unused allotments and shall be considered for allotment roll-over by the City Council. Allotments shall be considered vacated by a property owner upon written notification from the property owner or upon expiration of the development right pursuant to Subparagraph 26.470.060.B.4, Expiration of growth management allotments. E. Accounting procedure. The Community Development Director shall maintain an ongoing account of available, requested and approved growth management allocations and progress towards each development ceiling. Allotments shall be considered allocated upon issuance of a development order for the project. Unless specifically not deducted from the annual development allotment and development ceilings, all units of growth shall be included in the accounting. Affordable housing units shall be deducted regardless of the unit being provided as growth mitigation or otherwise. After the conclusion of each growth management session and 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, during a public hearing, the prior year's growth summary, consider a recommendation from the Community Development Director, consider comments from the general public and shall, via adoption of a resolution, establish the number of unused and unclaimed allotments to be carried forward and added to the annual allotment. The City Council may carry forward any portion of the previous year's unused allotment, including all or none. The City Council shall also consider the remaining development allotments within the development ceilings, established pursuant to Subsection 26.470.030.C, and shall reduce the available development allotment by any amount that exceeds the development ceiling. The public hearing shall be noticed by publication, pursuant to Subparagraph 26.304.060.E.3.a. 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. (Ord. No. 21-2005, §1; Ord. No. 12-2006, §§1, 2; Ord. No. 14, 2007, §1; Ord. No. 3-2012, §16; Ord. No. 2-2014, §2&3) See. 26.470.040 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, and property owners should consult with the Community Development Department. Where applicable, exemptions are cumulative. City of Aspen Land Use Code Part 400 — GMQS Page 7 1. Remodeling or expansion of existing single-family and duplex residential development. The remodeling or expansion of existing single-family and duplex residential dwellings shall be exempt from growth management. When demolition occurs, see Paragraph 26.470.060.2. (Also see definition of demolition, Section 26.104.100.) 2. Conversion of an existing single-family residence to a duplex residence or vise -versa. The conversion of an existing single-family residence into multiple detached dwelling units or into a duplex residence, or vise -versa, shall be exempt from growth management. When demolition occurs, see Paragraph 26.470.060.2. Not all zone districts allow both single-family and duplex' development. (See definition of demolition, Section 26.104.100, and Zone Districts, Chapter 26.710.) Note: In zone districts permitting the development of a single-family, a duplex or two (2) single- family residences, one (1) development allotment may be expressed as a single-family, a duplex or two (2) single-family residences. The parcel shall have only one (1) development right regardless of the way in which it has been or is proposed to be developed. The parcel may be condominiumized to separate ownership. In order to subdivide the parcel, additional development rights must be obtained. 3. Remodeling or expansion of existing multi -family residential development. The remodeling or expansion of existing multi -family residential dwellings shall be exempt from growth management as long as no demolition occurs. When demolition occurs, see Paragraph 26.470.070.6, Demolition or redevelopment of multi -family housing. (Also see definition of demolition, Section 26.104.100.) 4. Relocation of historic structures. The relocation of a structure listed on the Aspen Inventory of Historic Landmark Sites and Structures, permanently or temporarily, shall be exempt from growth management, provided that all necessary approvals are obtained, pursuant to Chapter 26.415, Development Involving the Inventory of Historic Landmark Sites and Structures. 5. Transferable development rights. The establishment and extinguishment of transferable development right certificates shall be exempt from growth management, provided that such certificates comply with Chapter 26.535, Transferable Development Rights. C6.] Remodeling or replacement of existing commercial or lodge development. Remodeling or replacement after demolition of existing commercial or hotel/lodge buildings and portions thereof shall be exempt from the provisions of growth management, provided that no additional net leasable square footage or lodge units are created and there is no change in use. If redevelopment involves an expansion of net leasable square footage or lodge units, only the replacement of existing development I be exempt. Existing, prior to demolition, net leasable square footage and lodge units shall be documented by the City Zoning Officer prior to demolition. Also see defimition of net leasable commercial and offee space, ection 26.104.1000 7. 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 approved pursuant to Chapter 26.450. City of Aspen Land Use Code Part 400 — GMQS Page 8 8. Special events. Special events permitted by the City shall be exempt from this Chapter. 9. 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. 10. Retractable canopies and trellis structures_ Retractable canopies and trellis structures appended to a commercial or lodging structure shall be exempt from growth management provided that: a) there is no expansion of floor area; b) the canopy or trellis structure is not enclosed by walls, screens, windows or other enclosures; and c) for a trellis structure, at least fifty percent (50%) of the overhead structure is open to the sky. Awnings shall be exempt from this Chapter. 11. 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 (see definition) shall be exempt from growth management. Essential public facilities shall not be exempt and shall be reviewed pursuant to Paragraph 26.470.040.D.3, Essential public facilities. (Ord. No. 21-200.5, §1; Ord. No. 12-2006, §§3-8, 21; Ord. No. 14, 2007, §1) 26.470.050. General requirements. A. Purpose: The intent of growth management is to provide for orderly development and redevelopment of the City while providing mitigation from the impacts said development and redevelopment creates. Different types of development are categorized below, as well as the necessary review process and review standards for the proposed development. A proposal may fall into multiple categories and therefore have multiple processes and standards to adhere to and meet. B. General requirements: All development applications for growth management review shall comply with the following standards. The reviewing body shall approve, approve with conditions or deny an application for growth management review based on the following generally applicable criteria and the review criteria applicable to the specific type of development: 1. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.470.030.D. Applications for multi -year development allotment, pursuant to Paragraph 26.470.090.1 shall not be required to meet this standard. 2. The proposed development is compatible with land uses in the surrounding area, as well as with any applicable adopted regulatory master plan. 3. The development conforms to the requirements and limitations of the zone district. 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Planned Development — Project Review approval, as applicable. 5. Unless otIE Chanter, si2L percent (60%) of the employees generated by the additional commercial or lodge developme� according to Subsection 26.470.100.A, Employee generation rates, are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Paragraph 26.470.070.4, City of Aspen Land Use Code Part 400 — GMQS Page 9 Affordable housing, at 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. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate. 6. Affordable housing net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher, shall be provided in an amount equal to at least thirty percent (30%) of the additional free-market residential net livable area, for which the finished level is at or above natural or Affordable housing shall be approved pursuant to Paragraph 26.470.070.4, 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. Affordable housing units that are being provided absent a requirement ('voluntary units") may be deed -restricted at any level of affordability, including residential occupied. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100 Employee/Square Footage Conversion. 7. The project represents minimal additional demand on public infrastructure, or such additional demand is mitigated through improvement proposed as part of the project. 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. (Ord. No. 14, 2007, § 1; Ord. No. 6 — 2010, §2; Ord. No. 3-2012 § 17) Sec. 26.470.060 Administrative applications. The following types of development shall be approved, approved with conditions or denied by the Community Development Director, pursuant to Section 26.470.110, Growth management review procedures, and the criteria for each type of development described below. Except as noted, all growth management applications shall cornply with the general requirements of Section 26.470.050. Except as noted, all administrative growth management approvals shall be deducted from the respective development ceiling levels but shall not be deducted fi•om the annual development allotments. Administrative approvals apply cumulatively. 1. Single-family and duplex development on historic landmark properties. The development of one (1) or multiple single-family residences or a duplex on a parcel of land designated as an historic landmark and which contains an historic resource shall be approved by the Community Development Director. This review applies to the rehabilitation of existing structures, reconstruction after demolition of existing structures and the development of new structures on historic landmark properties. No affordable housing mitigation shall be required, provided that all necessary approvals City of Aspen Land Use Code Part 400 — GMQS Page 10 are obtained, pursuant to Chapter 26.415, Development Involving the Inventory of Historic Landmark Sites and Structures, and provided that the parcel contains an historic resource. Development of single-family or duplex structures on an historic landmark property that does not contain an historic resource (for example, a new house on a vacant lot which was subdivided from an historic landmark property) shall be subject to the provisions of Paragraph 26.470.060.2, Single- family and duplex dwelling units. 2. Single-family and duplex dwelling units. The following types of development of single-family or duplex structures shall require the provision of affordable housing in one (1) of the methods described in Subparagraph c: a. The development of a new single-family, multiple detached residential units when permitted in the zone district or a duplex dwelling on a vacant lot in one (1) of the following conditions: 1) A vacant lot created by a lot split, pursuant to Subsection 26.480.060.C. 2) A vacant lot created by an historic lot split, pursuant to Paragraph 26.480.030.A.4, when the subject lot does not itself contain an historic resource. 3) A vacant lot that was subdivided or was a legally described parcel prior to November 14, 1977, that complies with the provisions of Subsection 26.480.020.E, Aspen Townsite lots. These new residential units shall be deducted from the development ceiling levels established pursuant to Section 26.470.030, but shall not be deducted from the respective annual development allotments for residential development. b. The replacement after demolition of an existing single-family, multiple detached residential units when permitted in the zone district or a duplex dwelling, regardless of when the lot was subdivided or legally described. These redeveloped units shall not require a growth management allocation and shall not be deducted from the respective annual development allotments or development ceiling levels established pursuant to Section 26.470.030. c. Affordable housing requirements for the types of single-family and duplex development described above shall be as follows: Single-family. In order to qualify for a single-family approval, the applicant shall have five (5) options: 1) Providing an above -grade, detached accessory dwelling unit (ADU) or a carriage house pursuant to Chapter 26.520, Accessory Dwelling Units and Carriage Houses; 2) Providing an accessory dwelling unit, or a carriage house,, authorized through special review to be attached and/or partially or fully subgrade, pursuant to Chapter 26.520; 3) Providing an off -site affordable housing unit within the Aspen Infill Area accepted by the Aspen/Pitkin County Housing Authority and deed -restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended; 4) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended; or City of Aspen Land Use Code Part 400 — GMQS Page 11 5) Recording a resident -occupancy (RO) deed restriction on the single-family dwelling unit being constructed. 6) Providing a Certificate of Affordable Housing Credit as mitigation, pursuant to Section 26.540.060 Authority of the Certificate, commensurate with the net increase of square footage, according to Aspen/Pitkin County Housing Authority Guidelines, as amended. Duplex. In order to qualify for a duplex approval, the applicant shall have six (6) options: 1) Providing one (1) free-market dwelling unit and one (1) deed -restricted resident - occupied (RO) dwelling unit with a minimum floor area of one thousand five hundred (1,500) square feet; 2) Providing either two (2) above -grade, detached accessory dwelling units or carriage houses (or one [1] of each), or one (1) above -grade, detached ADU or carriage house with a minimum floor area of six hundred (600) net livable square feet, pursuant to Chapter 26.520; 3) Providing either two (2) accessory dwelling units or carriage houses (or one [1] of each) or one (1) ADU or carriage house with a minimum of six hundred (600) net livable square feet authorized through special review to be attached and/or partially or fully subgrade, pursuant to Chapter 26.520; 4) Providing an off -site affordable housing unit within the Aspen Infill Area accepted by the Aspen/Pitkin County Housing Authority and deed -restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended; 5) Providing two (2) deed -restricted resident -occupied (RO) dwelling units; or 6) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended. 7) Providing a Certificate of Affordable Housing Credit as mitigation, pursuant to Section 26.540.060 Authority of the Certificate, commensurate with the net increase of square footage, according to Aspen/Pitkin County Housing Authority Guidelines, as amended. 3. Change in use of historic landmark sites and structures. The change of use between the development categories identified in Section 26.470.020, of a property, structure or portion of a structure designated as an historic landmark shall be approved, approved with conditions or denied by the Community Development Director if no more than one (1) free-market residence is created. No employee mitigation shall be required. If more than one (1) free-market residence is created, the additional units shall be reviewed pursuant to Paragraph 26.470.080.2. The change in amount of development and number of units shall be added and deducted from the respective development ceiling levels established pursuant to Section 26.470.030 but shall not be added or deducted from the respective annual development allotments. 4. Minor enlargement of an historic landmark for commercial, lodge or mixed -use development_ The enlargement of a property, structure or portion of a structure designated as an historic landmark for commercial, lodge or mixed -use development 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 26.470.020 shall be deducted from the development ceiling levels established pursuant to Section 26.470.030 but shall not be deducted from the respective annual development allotments. City of Aspen Land Use Code Part 400 — GMQS Page 12 a. If the development increases either floor area or net leasable space/lodge units, but not both, then no employee mitigation shall be required. b. If the development increases both floor area and net leasable space/lodge units, up to four (4) employees generated by the additional commercial/lodge shall not require the provision of affordable housing. An expansion generating more than four (4) employees shall not qualify for this administrative approval and shall be reviewed pursuant to Paragraph 26.470.070. 1. c. No more than one (1) free-market residence is created. This shall be cumulative and shall include administrative GMQS approvals granted prior to the adoption of Ordinance No. 14, Series of 2007. 5. 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 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 26.470.020 shall be deducted from the development ceiling levels established pursuant to Section 26.470.030 but shall not be deducted from the respective annual development allotments. a. 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 up to two (2) additional hotel/lodge units. The expansion involves no residential units. No employee mitigation shall be required. This shall be cumulative and shall include administrative GMQS approvals granted prior to the adoption of Ordinance No. 22, Series of 2013. 6. Alley stores. The expansion or conversion of an existing commercial or mixed -use building, or portion thereof, or the development of a new commercial or mixed -use building to accommodate a storefront along an alleyway shall be approved, approved with conditions or denied by the Community Development Director based on the following criteria: a. The commercial space or spaces shall be no greater than six hundred (600) gross square feet per space, 'including storage and other nonleasable space, and shall have no internal connection to any other space. Multiple spaces may be created. b. The commercial space shall not reduce the property's utility/trash/recycle service area requirement unless such reduction is approved pursuant to Chapter 12.10. c. Alley stores that front entirely on an alleyway with no fenestration or direct access along a primary street shall not require the provision of affordable housing. 7. 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.k.a. "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. a. 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. City of Aspen Land Use Code Part 400 — GMQS Page 13 b. The area can be used by an existing business within the building or by "stand-alone" businesses. Multiple spaces may be created. c. 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. 8. 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: a. Location. All outdoor food/beverage vending must be on private property and may be located in the Commercial Core (CC), Commercial (C1), 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: 1) 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. 2) Normal operation, including line queues, shall not inhibit the movement of pedestrian or vehicular traffic along the public right-of-way. 3) The operation shall not interfere with required emergency egress or pose a threat to public health, safety and welfare. A minimum of six (6) foot ingress/egress shall be maintained for building entrances and exits. b. 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, eta), and the space needed by employees.to work the food vending activity. c. Signage. Signage for outdoor food/beverage vending carts shall be exempt from those requirements found within Land Use Code Section 26.510, Signs, but not excluding Prohibited Signs. The total amount of Signage shall be the lesser of fifty percent (50%) 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. d. 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. e. 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. f. Application Contents. An application for a food/beverage vending license shall include the standard information required in 26.304.030.B; plus the following: City of Aspen Land Use Code Part 400 — GMQS Page 14 1) Copy of a lease or approval letter from the property owner. 2) 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. 3) The property survey requirement shall be waived if the applicant can demonstrate how the operation will be contained on private property. g. License Duration. Outdoor food/beverage vending licenses shall be valid for a one (1) year period beginning on the same the date that the Notice of Approval is signed by the Community Development Director. This one (1) year period may not be separated into non- consecutive periods. h. License Renewal. Outdoor food/beverage vending licenses may be renewed. Upon renewal the Community Development Director shall consider the returning vendor's past performance. 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. i. Business License. The vending operator must obtain a business license. j. 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. k. 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. 1. 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. m. 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. n. 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. (Ord. No. 14, 2007, §1; Ord. No. 6-2010, §3; Ord. No. 913, 2010 §1; Ord. No. 22, 2013, §1) 26.470.070 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 26.470.110, Procedures for review, and the City of Aspen Land Use Code Part 400 — GMQS Page 15 criteria for each type of development described below. Except as noted, all growth management applications shall comply with the general requirements of Section 26.470.050. Except as noted, the following types of growth management approvals shall be deducted from the respective development ceiling levels but shall not be deducted from the annual development allotments. Approvals apply cumulatively. Growth Management approvals for Subsections 26.470.080(6-10) shall be deducted from the respective annual development allotments. 1. Enlargement of an historic landmark for commercial, lodge or mixed -use development. The enlargement of an historic landmark building for commercial, lodge or mixed -use development shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria: a. Up to four (4) employees generated by the additional commercial/lodge development shall not require the provision of affordable housing. Thirty percent (30%) of the employee generation above four (4) and up to eight (8) employees shall be mitigated through the provision of affordable housing or cash in lieu thereof. Sixty percent (60%) of the employee generation above eight (8) employees shall be mitigated through the provision of affordable housing or cash in lieu thereof. For example: A project generating 15 employees shall require employee mitigation for a total of 5.4 employees, as follows: First 4 employees = 0 employee mitigation Second 4 employees mitigated at = 1.2 employees 30% Remaining 7 employees mitigated = 4.2 employees at 60% Affordable housing shall be approved pursuant to Subsection 4, Affordable housing, of this Section 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. b. Up to one (1) free-market residence may be created pursuant to Paragraph 26.470.060.4, Minor enlargement of an historic landmark for commercial, lodge or mixed -use development. This shall be cumulative and shall include administrative GMQS approvals granted prior to the adoption of Ordinance No. 14, Series of 2007. Additional free-market units (beyond one [1]) shall be reviewed pursuant to Paragraph 26.470.080.2, New free- market residential units within a multi -family or mixed -use project. 2. 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 26.470.020 (irrespective of direction), for which a certificate of occupancy has been issued for at least two (2) years 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 26.470.050. No more than one (1) free-market residential unit may be created through the change -in -use. City of Aspen Land Use Code Part 400 — GMQS Page 16 3. 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, or the net livable area expansion after demolition of existing free-market residential units within a multi- family project, shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the general requirements outlined in Section 26.470.050. The remodeling or expansion of existing multi -family residential dwellings shall be exempt from growth management as long as no demolition occurs, pursuant to Paragraph 26.470.040.3. 4. Affordable housing. The development of 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: a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall, be required for this standard. The Aspen/Pitkin County Housing Authority may choose to hold a public hearing with the Board of Directors. b. Affordable housing required for mitigation purposes shall be in the form of actual newly built units or buy -down units. Off -site units shall be provided within the City limits. Units outside the City limits may be accepted as mitigation by the City Council, pursuant to Paragraph 26.470.090.2. If the mitigation requirement is less than one (1) full unit, a cash -in - lieu payment may be accepted by the Planning and Zoning Commission upon a recommendation from the Aspen/Pitkin County Housing Authority. If the mitigation requirement is one (1) or more units, a cash -in -lieu payment shall require City Council approval, pursuant to Paragraph 26.470.090.3. A Certificate of Affordable Housing Credit may be used to satisfy mitigation requirements by approval of the Community Development Department Director, pursuant to Section 26.540.080 Extinguishmen e CeAificate. Required affordable housing may be provided through a mix of th hods. c. Each unit provided shall be designed such that the finished floor level of jjLty percent (50%) or more of the unit's net livable area is at or above natural nr fjnivhPd vrade whichever is _higher. This dimensiona requirement may be varied through Special Review, Pursuant to Chapter 26.430. l d. The proposed units shall be deed -restricted as "for sale" units and transferred to qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The owner may be entitled to select the first purchasers, subject to the aforementioned qualifications, with approval from the Aspen/Pitkin County Housing Authority. 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 Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority, as amended. The proposed units may be rental units, including but not limited to rental units owned by an employer or nonprofit organization, if a legal instrument in a form acceptable to the City Attorney ensures permanent affordability of the units. The City encourages affordable housing units required for lodge development to be rental units associated with the lodge operation and contributing to the long-term viability of the lodge. t City of Aspen Land Use Code Part 400 — GMQS Page 17 Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin County or other similar governmental or quasi -municipal agency shall not be subject to this mandatory "for sale" provision. e. Non -Mitigation Affordable Housing. Affordable housing units that are not required for mitigation, but meet the requirements of Section 26.470.070.4(a-d). The owner of such non - mitigation affordable housing is eligible to receive a Certificate of Affordable Housing Credit pursuant to Chapter 26.540. 5. 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 shortfall from occurring. The combining, 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 (see definition of demolition.): 1. Requirements for combining, demolishine, converting or redeveloping free-market multi- family housing units: Only one (1) of the following two (2) 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. City of Aspen Land Use Code Part 400 — GMQS Page 18 a. One -hundred -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 percent (100%) of the number of units, bedrooms and net livable area demolished. The replacement units shall be deed -restricted as resident occupied affordable housing, pursuant to the Guidelines of the Aspen/Pitkin County Housing Authority. An applicant may choose to provide mitigation units at a lower category designation. Each replacement unit shall be approved pursuant to Subsection 4, Affordable housing, of this Section. When this one -hundred -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 Paragraph 26.470.070.3, Expansion of free- market residential units within a multi -family or mixed -use development. b. Fifty percent replacement. In the event of the demolition of free-market multi -family housing and replacement of less than one hundred percent (100%) 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 percent (50%) 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. An applicant may choose to provide mitigation units at a lower category designation. Each replacement unit shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing. When this fifty -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 Paragraph 26.470.070.3, Expansion of free-market residential units within a multi -family or mixed -use project, 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 Paragraph 26.470.080.2, New free-market residential units within a multi -family or mixed -use project. c. One -hundred percent affordable housing replacement. When one -hundred -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 26.470.070.4, Affordable Housing; all of the units in the redevelopment are eligible for a Certificate of Affordable Housing Credit, pursuant to Section 26.540 Certificate of Affordable Housing Credit. Any remaining unused free market residential development rights shall be vacated. 2. Requirements for demolishing 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 City of Aspen Land Use Code Part 400 — GMQS Page 19 be reviewed by the Aspen/Pitkin County Housing Authority and a recommendation forwarded to the Planning and Zoning Commission. 3. Fractional unit requirement. When the affordable housing replacement requirement of this Section involves a fraction of a unit, cash -in -lieu may be provided only upon the review and approval of the City Council, to meet the fractional requirement only, pursuant to Paragraph 26.470.090.3, Provision of required affordable housing via a cash -in -lieu payment. 4. 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. A recommendation from the Aspen/Pitkin County Housing Authority shall be considered for this standard. 5. Timing requirement. Any replacement units required to be deed -restricted as affordable housing shall be issued a certificate of occupancy, according to the Building Department, 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 Subparagraph d, 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 land owner. The Community Development Director may require documentation be provided by the landowner to confirm the damage to the building was in -fact non -willful. City of Aspen Land Use Code Part 400 — GMQS Page 20 To be exempted, the replacement development 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. G. 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. 6. 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 26.470.050. - 0 (j% 7. 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 City of Aspen Land Use Code Part 400 — GMQS Page 21 approved, approved with conditions or denied by the Planning and Zoning Commission based on the general requirements outlined in Section 26_470.050 above. 8. Lodge development. The expansion of an existing lodge or the development of a new lodge shall ha annroved approved with conditions or denied by the Planning and Zoning Commission based on the following criteria: a. If theme nroiect contains a minimum of one (1) lodge unit per five hundred (500) square feet of lot area, the following affordable housing mitigation standards shall apply: r 1) Affordable housing net livable area equaling a percentage, as defined in the unit size table below, of the additional free-market residential net livable area shall be mitigated throw h the provision of affordable housing. 2) A percentage, as defined in the table below, of the employees generated by the additional lodge, timeshare lodge, exempt timeshare units and associate commercial development, according to Paragraph 26.470.100.A.1, Employee generation, shall be mitigated through the provision of affordable housing. • H9C( d Average Net Livable Affordable Housing Net Lie Area Required Percentage of Area of Lodge Units (Percentage of Free- Employee Generation Being Added to the Market Net Livable Requiring the Parcel Area) Provision of Miti 'ation 600 square feet or 30% 60% greater 500 square feet 30% 40% 2 400 square feet 20% 20% 300 square feet or 10% 10% smaller When the average unit size falls between the square -footage categories, the required affordable housing shall be determined by interpolating the above schedule. For example, a lodge project with an average unit size of four hundred fifty (450) square feet shall be required to provide mitigation for thirty percent (30%) of the employees generated. Affordable housing units provided shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, and be restricted to a maximum of a Category 4 rate as defined in the 3 I Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may 4.,,choose to provide mitigation units at a lower category designation. b. If the project contains less than one (1) lodge unit per five hundred (500) square feet of lot area, the following affordable housing mitigation standards shall apply: 1) Affordable housing net livable area equaling thirty percent (30%) of the additional free- market residential net livable area shall be mitigated through the provision of affordable housing. City of Aspen Land Use Code Part 400 — GMQS Page 22 { 2) Sixty percent (60%) of the employees generated by the additional lodge, timeshare lodge, exempt timeshare units and associated commercial development, according to Paragraph 26.470.050.A.1, Employee generation, shall be mitigated through the provision of affordable housing. 9. Residential development — sixty percent (60%) affordable. The development of a residential project or an addition of units to an existing residential project, in which a minimum of sixty percent (60%) of the additional units and thirty percent (30%) of the additional 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: a. A minimum of sixty percent (60%) of the total additional units and thirty percent (30%) of the project's additional floor area shall be affordable housing. Multi -site projects are permitted. Affordable housing units provided shall be approved pursuant to Paragraph 26.470.070.4, 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. b. If the project consists of only one (1) free-market residence, then a minimum of one (1) affordable residence representing a minimum of thirty percent (30%) of the project's total 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. 10. Residential development — seventy percent (70%) affordable. The development of a residential project or an addition to an existing residential project, in which seventy percent (70%) of the project's additional units and seventy percent (70%) of the project's additional bedrooms are affordable housing deed -restricted in accordance with the AspewTitkin County Housing Authority Guidelines, shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria: a. Seventy percent (70%) of the total additional units and total additional bedrooms shall be affordable housing. At least forty percent (40%) of the units shall average Category 4 rates as defined in the Aspen/Pitkin County Housing Authority Guidelines. The remaining thirty - 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 Paragraph 26.470.070.4, Affordable housing. An applicant may choose to provide mitigation units at a lower category designation. b. 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 two (2) category residences shall qualify. (Ord. No. 14, 2007, §1; Ord. No. 22-2008, §l; Ord. No. 20-2009, §1; Ord. No. 6 — 2010, §4; Ord. No. 14 — 2011, §3; Ord. No. 2 — 2014, §4&5) City of Aspen Land Use Code Part 400 — GMQS Page 23 26.470.080 Major Planning and Zoning Commission applications. (Ord. No. 14, 2007, §1; revealed and reinstated in §26.470.070 by Ord. No. 2, 2014, §5) Sec. 26.470.090. City Council applications. The following types of development shall be approved, approved with conditions or denied by the City Council, pursuant to Section 26.470.110, 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 26.470.050. Except as noted, all City Council growth management approvals shall be deducted from the respective annual development allotments and development ceiling levels. 1. 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: a. The proposed development is considered "exceptional" considering the following criteria: (Note: A project need not meet all of the following criteria, only enough to be sufficiently considered "exceptional.") 1) The proposal exceeds the minimum affordable housing required for a standard project. 2) The proposed project represents an excellent historic preservation accomplishment. A recommendation from the Historic Preservation Officer shall be considered for this standard. 3) 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, families, etc.). A recommendation from the Aspen/Pitldn County Housing Authority shall be considered for this standard. 4) The proposal minimizes impacts on public infrastructure by incorporating innovative, energy -saving techniques. 5) The proposal minimizes construction impacts to the extent practicable both during and after construction. 6) The proposal maximizes potential public transit usage and minimizes reliance on the automobile. 7) The proposal exceeds minnnum requirements of the Efficient Building Code or for LEEDS certification, as applicable. A recommendation from the Building Department shall be considered for this standard. 8) The proposal promotes sustainability of the local economy. 9) The proposal represents a desirable site plan and an architectural design solution. 10) The proposed development is compatible with the character of the existing land uses in the surrounding area and the purpose of the underlying zone district. City of Aspen Land Use Code Part 400 — GMQS Page 24 b. 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. c. The Community Development Director shall be directed to reduce the applicable annual development allotments, as provided in Subsection 26.470.030.D, in subsequent years as determined appropriate by the City Council. 2. Provision of required affordable housing units outside City limits. The provision of affordable housing, as required by Chapter 26.470, Growth Management, 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: a. The off -site housing is within the Aspen Urban Growth Boundary. b. 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). A recommendation from the Aspen/Pitkin County Housing Authority shall be considered for this standard. c. 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. 3. Provision of required affordable housing via a cash -in -lieu payment. The provision of affordable housing equal to or in excess of one (1) residential unit, as required by Chapter 26.470, Growth Management, via a cash -in -lieu payment shall be approved, approved with conditions or denied by the City Council based on the following criteria: a. 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 of the site or would be inconsistent with the character of the neighborhood in which the project is being developed. b. The applicant has made a reasonable good -faith effort in pursuit of providing the required affordable housing off site through construction of new dwelling units or the deed restriction of existing dwelling units to affordable housing status. c. The proposal furthers affordable housing goals, and the cash -in -lieu payment will result in the near -term production . of affordable housing units. A recommendation from the Aspen/Pitkin County Housing Authority shall be considered for this standard. The City Council may accept any percentage of aproject's total affordable housing mitigation to be j provided through a cash -in -lieu payment, including all or none. Unless otherwise required by this Title, the provision of affordable housing via a cash -in -lieu payment for a fraction of a dwelling unit shall not require City Council approval City of Aspen Land Use Code Part 400 — GMQS Page 25 4. 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: a. 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. b. Upon a recommendation from the Community Development Director, 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. The employee generation rates may be used as a guideline, but each operation shall be analyzed for its unique employee needs, pursuant to Section 26.470.100, Calculations. 5. 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 Subsection 26.470.030.D and the development ceiling levels established pursuant to Subsection 26.470.030.C. The exempted residential units shall provide affordable housing mitigation, pursuant to the requirements of Paragraph 26.470.060.2. 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: a. 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. b. Identifrcation of the preservation parcel as "private land with preservation value" in the Aspen Area Community Plan or as a parcel desirable for preservation in any other adopted master plans of the City. c. Proximity and/or visibility of the preservation parcel to the City. d. The development rights of the preservation parcel, including the allowed uses and intensities and impacts associated with those uses if developed to the maximum. e. 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. City of Aspen Land Use Code Part 400 - GMQS Page 26 f. The preservation parcel shall be encumbered with a legal instrument, acceptable to the City Attorney, which sterilizes the parcel from further development in perpetuity. (Ord. No. 14, 2007, §1) 26.470.100. Calculations. A. Employee generation and mitigation. Whenever employee housing or cash -in -lieu is required to mitigate for employees generated by a development, there shall be an analysis and credit for employee generation of the existing project, prior to redevelopment, and an employee generation analysis of the proposed development. The employee mitigation requirement shall be based upon the incremental employee generation difference between the existing development and the proposed development. 1. Employee generation. The following employee generation rates 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) der one thousand (1 0001 square feet of net leasable space or nor lodge bedroom. Employees Generated per 1,000 Square Zone District 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/1) 3.9 Public 5.1 Lodge Preservation (LP) lodge units .3 per lodging bedroom Lodge (L), Commercial Lodge (CL), Ski 6 , er lodging bedroom Base (SKI) and other zone district lodge units 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. This Employee Generation Rate Schedule shall be used to determine employee generation of projects within the City. Each use within a mixed -use building shall require a separate calculation to be added to the total for the project. For snmmercial net leasable space within basement or upper floors the rates quoted above shall be reduced by twenty-five percent City of Aspen Land Use Code Part 400 — GMQS Page 27 2 ° o 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 s S:7 separate "key" or rentable division shall constitute a unit for the purposes of this Section. i Timeshare units and exempt timeshare units are considered lodging projects for the purposes of determining employee generation. Applicants may request an employee generation review with the Planning and Zoning Commission, pursuant to Section 26.470.110, Growth management review procedures, and according to the following criteria. All essential public facilities shall be reviewed by the Planning and Zoning Commission to determine employee generation. In establishing employee generation, the Planning and Zoning Commission shall consider the following: a) 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 economy. b) Any unique employment characteristics of the operation. c) 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. d) A proposed restriction requiring full employee generation mitigation upon vacation of the type of business acceptable to the Planning and Zoning Commission. e) Any proposed follow-up analyses of the project (e.g., an audit) to confirm actual employee generation. GFor lodge projects only: An efficiency or reduction in the number of employees required for the lodging component of the project may, at the discretion of the Commission as a means of incentivizing a lodge project, be applied as a credit towards the mitigation reduction shall require an audit to deter complete years of operation of the lodge. of the project. Any approved p oye7— e generation after two (2) 2. Employees housed. Whenever a project provides residential units on or off site to satisfy affordable housing requirements of this Section, the following schedule shall be used to determine the number of employees housed by such units: 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 Employee housing cash -in -lieu payment. Whenever a project provides employee housing via a cash -in -lieu payment, in part or in total, the amount of the payment shall be in accordance City of Aspen Land Use Code Part 400 — GMQS Page 28 with the applicable provisions of the Aspen/Pitkin County Housing Authority Guidelines, as amended. 4. Employee/square footage conversion. Whenever an affordable housing mitigation requirement is required to be converted between a number -of -employees requirement and a square -footage requirement, regardless of direction, the following conversion factor shall be used: 1 employee_ 40 satare feet of net livable area. 5. 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. 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. 6. 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 free-market residential development. In this case, four (4) affordable housing units are required. (Ord. No. 14, 2007, §1; Ord. No. 4, 2013, §1) 26.470.110. Growth management review procedures. A. General. 1. 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. 2. 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 26.470.140, Amendment of a growth management development order.) 3. 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. 4. HPC conceptual approval required. Whenever Historic Preservation Commission approval is needed for a proposed project, the Historic Preservation Commission's conceptual approval must be secured prior to submitting an application for a growth management allotment. Conceptual HPC applications may not be combined with growth management review. City of Aspen Land Use Code Part 400 — GMQS Page 29 5. Planned Development review. Projects requiring approval of a Project Review or Detailed Review, pursuant to Chapter 26.445, may be reviewed concurrently with review for growth management, pursuant to Paragraph 26.304.060.B.1. 6. Conceptual Commercial Design Review. Commercial, lodging and mixed -use projects requiring conceptual commercial design review approval, pursuant to Chapter 26.412, may be reviewed concurrently with review for growth management, pursuant to Paragraph 26.304.060.B.1. 7. Subdivision and other required land use reviews. Subdivision approval and other land use review approvals, as applicable, shall be required and may be reviewed concurrently with review for growth management, pursuant to Paragraph 26.304.060.B.1. 8. No partial approvals. In order for a project to gain approval, sufficient allotments for every element of the project must be obtained. 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, affordable housing units and commercial space, and there are no remaining allotments for free-market residential for the year, the project shall be denied. No partial approvals shall be granted. In the above example, the project shall be denied in total and not granted allotments for the affordable housing units or the commercial space. Also see multi -year allotments below. 9. Nonassi ng ability of growth allotments. Development allotments obtained pursuant to this Chapter shall not be assignable or transferable independent of the conveyance of the real property oil which the development allotment has been approved. 10. Multi -year growth allotments. Projects requiring development allotments in excess of the annual allotment may be granted a multi -year allotment, pursuant to Subsection 26.470.090.1, 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. 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. 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. City of Aspen Land Use Code Part 400 — GMQS Page 30 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. B. Application review procedures 1. Application submission dates. An application for growth management allocation may be submitted to the Community Development Director on any date of the year. 2. Administrative applications. Growth management applications for Community Development Director review shall be submitted to the Community Development Director who shall, based on the applicable standards identified in Section 26.470.060, approve, approve with conditions or disapprove the application. 3. Planning and Zoning Commission applications. Growth management applications for Planning and Zoning Commission review shall be reviewed by the Community Development Director, who shall forward a recommendation to the Planning and Zoning Commission, based on the applicable standards identified in Section 26.470.070, that the application be approved, approved with conditions or disapproved. The Planning and Zoning Commission shall review the application according to the applicable standards, consider the recommendation of the Community Development Director and, during a public hearing, adopt a resolution approving, approving with conditions or disapproving the application. Notice of the hearing shall be by publication, posting and mailing, pursuant to Subsection 26.304.060.E. 4. City Council applications. Growth management review applications for City Council review shall be submitted to the Community Development Director, who shall forward a recommendation to the Planning and Zoning Commission, based on the applicable standards identified in Section 26.470.090, that the application be approved, approved with conditions or disapproved. The Planning and Zoning Commission shall review the application during a public hearing according to the applicable standards and, by resolution, recommend to City Council that the application be approved, approved with conditions or disapproved. Notice of the hearing shall be by publication, posting and mailing, pursuant to Subsection 26.304.060.E. City Council shall review the application according to the applicable standards, consider the recommendation of the Planning and Zoning Commission, the recommendation of the Community Development Director and, during a public hearing, adopt an ordinance approving, approving with conditions or disapproving the application. Notice of the hearing shall be by publication, posting and mailing, pursuant to Subsection 26.304.060.E. City Council review applications that require major Planning and Zoning Commission review shall be reviewed pursuant to the process outlined in Subsection 26.470.110.C. 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 26.304.070, 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. City of Aspen Land Use Code Part 400 — GMQS Page 31 D. Expiration of growth management allotments. Growth management allotments granted pursuant to this Chapter shall expire on the day after the third anniversary of the effective date of the development order, pursuant to the terms and limitations of Section 26.304.070. 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 Subsection 26.470.030.E. E. 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 depicting: a. Existing natural and man-made site features. b. All legal easements and restrictions. c. All requirements for improvement surveys outlined in the current City Engineering Department regulations. 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/Pitldn County Housing Authority Guidelines. 6. A statement as to how the application should be considered "exceptional" if multi -year allotments are being requested. 7. 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. 8. A written response to each of the review criteria for the particular review requested. 9. Copies of required approvals from the Planning and Zoning Commission, Historic Preservation Commission and the City Council, as necessary. (Ord. No. 14, 2007, §1; Ord. No. 36, 2013, §5; Ord. No. 2, 2014, §4; Ord. No. 2, 2014, §6-8) 26.470.120. Community objective scoring criteria. (Ord. No. 14, 2007, §1; repealed by Ord. No. 2, 2014, §9) City of Aspen Land Use Code Part 400 — GMQS Page 32 26.470.130. Reconstruction 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 credit, 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. This time limitation shall not apply to the reconstruction of single-family and duplex development. B. Applicants shall verify existing conditions prior to demolition with the City Zoning Officer in order to document reconstruction rights. An applicant's failure to accurately document existing conditions prior to demolition and verify reconstruction rights with the City Zoning Officer may result in a loss of some or all of the reconstruction rights. C. 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. D. Reconstruction rights shall be limited to reconstruction on the same parcel or on an adjacent parcel under the same ownership. E. Residential redevelopment credits may be converted to lodge redevelopment credits by the Community Development Director. The conversion rate shall be three (3) lodge units per each one (1) residential unit. (Ord. No. 14, 2007, §1) 26.470.140. 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, or those changes have been accepted by the Aspen/pitkin County Housing Authority. 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. (Ord. No. 14, 2007, §1) City of Aspen Land Use Code Part 400 — GMQS Page 33 26.470.150. 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 forth 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; Ord. No. 14, 2007, §10) City of Aspen Land Use Code Part 400 — GMQS Page 34