HomeMy WebLinkAboutordinance.council.054-94 ordinance No. 94- ~
(Series of 1994)
~/N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
ADOPTING AMENDMENTS TO ~RTICLE 8, ~RTICLE 3 ~ND DIVISION 6
OF CHAPTER 24 OF THE ASPEN MUNICIPAL CODE IN ORDER TO ENSURE THAT
THE GROWTH M~NAGEMENT QUOTA SYSTEM FOR THE ASPEN METRO ~REA IS
CONSISTENT WITH THE GOALS OF THE ASPEN AREA COMMUNITY PLAN
WHEREAS, the Pitkin County Board of County Commissioners and
the Aspen city Council (hereinafter Board and Council) have jointly
held public meetings and public hearings concerning revisions'to
the Growth Management Quota System for Aspen and the Metro Area;
and
WHEREAS, the proposed revisions to the growth rate numbers and
to the Growth Management Review process include: reduction of the
overall growth rate for new development in the Metro Area from
3.47% to 2%; funneling of the majority of the allocations to the
Affordable Housing zone district to accomplish the Aspen Area
Community Plan (AACP) stated goal to house 60% of the Metro Area
workforce in the Metro Area at buildout; revision of the scoring
criteria for the Growth Management Competition to reflect the four
major goals of the AACP as follows:
Revitalizing the permanent community
Providing transportation alternatives
Promoting Environmentally Sustainable Development
Maintaining Design Quality/Historic Compatibility; and
WHEREAS, the primary purpose of the amendments is to ensure
that the GMQS reflects the goals of the adopted AACP. The research
Ordinance No. 94-~
Page 2
and background information which supported the development of the
goals in the AACP. are as follows:
Phase One Report and Executive Summary, January 1991
Balanced Growth Issue Paper, Spring 1991
Limits to Growth in the Aspen Area, Spring 1991
· ' Growth Management Review and Analysis Report, September
1991
® Community Character Analysis for the Aspen Area, Fall
1991
Visitor and Resident Dwelling Unit/Population Growth
Under Zoning Buildout and Draft Community Vision, March
17, 1992
Aspen Area Community Plan Housing Needs Assessment, June
1992
Implications of Community Plan Policies, June 23, 1992
2% Growth Rate Alternatives, June 26, 1992; and
WHEREAS, public meetings and public hearings with the Aspen
Planning and Zoning Commission and public meetings with the Pitkin
County Planning and Zoning Commission were held in order to take
public input and to develop a recommendation for the Council and
the Board regarding the amendments to the GMQS for the Aspen Metro
area; and
WHEREAS, public meetings and public hearings to review the
proposed amendments and take public comment were held with the
Board and the Council on the following dates:
March 7, 1994
April 18, 1994
April 25, 1994
May 10, 1994 (work session)
June 20, 1994 (related R.O. discussion/work session)
August 23, 1994 (work session)
September 21, 1994 (work session)
September 26 (joint discussion; council First Reading)
September 27 (Board First Reading) ~
October 4, 1994 (work session)
October 18, 1994 (work session)
December 12, 1994 (Council Second Reading)
December 20, 1994 (Board Second Reading).
O~dinance No. 94- ~
Page 3
NOW THEREFORE, BE IT ORDAINED by the Council of the city of
Aspen, Colorado:
Section 1
That Article 8 of Chapter 24 of the Municipal Code of the City
of Aspen, Colorado, which Article is entitled Growth Management
Quota System (GMQs), is hereby amended to read as set forth in
Exhibit A appended hereto.
Section 2
That Section 24-3-101 of the Municipal Code of the city of
Aspen, Colorado, which section defines certain words and phrases
used in Chapter 24 of the Municipal Code, is hereby amended by the
addition of the definition of the phrase "Metro Area" as follows:
"Metro Area means an area with the following boundaries: Beginning on the east end
of town (towards Independence Pass), the Metro Area begins on the east property
boundary of the Preserve Subdivision next to the North Star Preserve.
The Metro area Boundary crosses the Roaring Fork River and Highway 82 and connects
with the eastern property boundary of the Mountain Valley Subdivision. At the highest
point on the NE property boundary of the Mountain Valley Subdivision, the Metro Area
boundary line follows a draw up Smuggler Mountain to the t0,000 foot elevation line
heading northerly until it intersects with Smuggler Mountain Road. The Metro Area
boundary then heads westerly along Smuggler Mountain Road until it hits the upper
turnaround (8900 foot elevation line). At that point the Metro Area boundary line
follows a road northwesterly (the road to Wilk Wilkinson's house vs. the main Smuggler
Mountain Road) until the road intersects with the main Smuggler Mountain Road. At
the intersection of the Hunter Creek Loop Road/Smuggler Mountain Road and the deck,
the Metro Area boundary begins to follow private property boundaries, crossing Hunter
Creek to the top of Red Mountain at the 10,400 foot elevation line. The Metro Area
boundary then follows the Red Mountain ridge line until it intersects with private
property boundaries until it intersects with McLain Flats Road at the Slaughterhouse
Bridge.
From the Slaughterhouse Bridge heading westerly the Metro Area boundary follows the
Roaring Fork River. ~
The boundary heads southwesterly when it intersects with the ACSD property boundary
and the easterly boundary of Wally Mills' property.
The Metro area boundary then heads westerly until it intersects with Brush Creek Road
Ordinance No. 94- ~
Page 4
and Highway 82. The Metro area boundary then heads easterly along the southerly
Highway 82 right-of-way line through Shale Bluffs. The Metro area boundary then
intersects with private property boundaries heading easterly along the ridges and or
subdivision property lines, inclusive of the West Buttermilk Subdivision, that frame the
valley floor to the southwest of the airport until you reach the eastern edge of Buttermilk
Mountain/Tiehack ski area. At the eastern edge of the Eagle Pines subdivision where
it intersects with the 8200 foot elevation line, the Metro area boundary continues to
follow southeasterly following the valley corridor until it turns (still on the 8200 foot
elevation line up along the western side of the Maroon Creek drainage.
At the point where the 8200 foot elevation line intersects with the Maroon Creek Ranch
subdivision, the Metro Area boundary turns easterly, crosses Maroon Creek and connects
with the southeasterly property line of the (private portion) of the Highlands Ski area.
The boundary follows southeasterly until it intersects with the 8300 foot elevation line,
then heads northeasterly until it intersects with the southern boundary of the City of
Aspen Water plant property following that property line until the outflow water line
crosses under Castle Creek Road to Castle Creek.
On the eastern edge of Castle Creek the Metro Area line follows private property lines
until it intersects with the 8100 foot elevation line. The Metro Area boundary then
follows the 8100 foot elevation line around to the front of Aspen Mountain to the south
of the Aspen city limits, then easterly to the intersection of the North Star Preserve
property line. At that point the Metro area boundary heads north along the easterly edge
of the Preserve Subdivision and completes the boundary of the Aspen Metro area Growth
Management Boundaries.
A map, entitled "GMQS Metro Area Boundary", depicting the above
described area shall be located in the office of Community
Development at all times for inspection by the general public
during business hours. A copy of the map is appended hereto as
Exhibit B.
Section 3
That Article 4 of Chapter 24 of the Municipal Code of the city
of Aspen, Colorado, is hereby amended by the addition of a Division
6 which shall read as follows:
DIVISION 6. GROWTH MANAGEMENT COMMISSION
Sec. 4-601. Purpose.
The Growth Management Commission is established for the purpose of implementing the Aspen
Area Growth Management Quota System, and more specifically to:
A. to implement the adopted philosophies and policies of the Aspen Area Community
Ordinance No. 94-~_
Page 5
Plan;
B. to ensure orderly and efficient growth throughout the Aspen metro area;
C. to ensure that new growth and development is designed and constructed to
maintain the character and ambience Of the Aspen metro area;
D: To ensure an adequate supply of housing, businesses and events that serve the
local, permanent community and the area's tourist base;
E. to review and score residential and tourist accommodations development
applications in accordance with the procedures and standards of Secs. 801-VI and
801-VIII; and
F. to ensure that growth does not over-extend the community's ability to provide
support services, including, but not limited to, employee housing, traffic control
and parldng.
Sec. 4-602. Composition.
The Growth Management Commission shall be comprised of all members of the Aspen Planning
and Zoning Commission and the Pitkin County Planning and Zoning Commission.
Sec. 4-603. Staff.
The community development office shall serve as the professional staff of the Growth
Management Commission.
Sec. 4-604. Quorum.
A quorum of the Growth Management Commission shall be comprised of at least four members
of the Aspen Planning and Zoning Commission and at least four members of the Pitkin County
Planning and Zoning Commission. No meeting of the Growth Management Commission shall
be called to order without a quorum and no meeting at which less than a quorum is present shall
conduct any business other than to continue posted agenda items to a date certain. All actions
shall require the concurring vote of a simple majority of the members then present and voting.
Sec. 4-605. Meetings, hearings and procedures.
Meetings of the Growth Management Commission shall be called as needed by the chair of the
Growth Management Commission or by a majority of its members. All meetings and hearings
of the Growth Management Commission shall be open to the public and set for a date and time
certain.
Section 4
The effective date of this ordinance shall be the date that
similar amendments to the Pitkin/ County Land Use Code adopted by
the Pitkin County Board of County Commissioners become effective.
Section 5
This ordinance shall not have any effect on existing
Ordinance No. 94-~
Page 6
litigation and shall not operate as an abatement of any action or
proceeding now pending under or by virtue of the ordinances amended
as herein provided, and the same shall be construed and concluded
under such prior ordinances.
Section 6
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
shall not affect the validity of the remaining portions hereof.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 26th day of
September, 1994.
John /Bennett, Mayor
Attest:
Kathryn ~. Koch, City dl~rk
FINALLY adopted, passed and approved this 10th day of January,
1995.
Attest:
Kathryn S~Koch, City Clerk
slw/gmqs, amend, ord. cc
EXHIBIT A
ARTICLE 8. ASPEN AREA GROWTH MANAGEMENT QUOTA SYSTEM
(GMQS)
DIVISION 1: RESIDENTIAL AND TOURIST ACCOMMODATIONS
Sec. 8-101. Purpose and description.
a. Purpose. The purposes of Division 1 of this article are as follows:
i. 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.
ii. to ensure that new growth occurs in an orderly and efficient manner in the City of Aspen
and the metro area;
iii. to ensure sufficient public facilities to accommodate new growth and development;
iv. to ensure that new growth and development is designed and constructed to maintain the
character and ambience of the city and the metro area;
v. to ensure an adequate supply of housing, businesses and events that serve the local,
permanent community and the area's tourist base; and
vi. to ensure that growth does not over-extend the community's ability to provide support
services, including employee housing, traffic control and parking.
b. Description. As the primary implementation tool for the Aspen Area Community Plan, the
Residential and Tourist Accommodations Growth Management Quota System is designed
to promote many objectives. Despite its complexity, two overriding goals form its core:
(1) to prohibit development in excess of the Aspen metro area's projected peak population
of 30,000 persons (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.
Aspen area residents have determined that the maximum average growth rate that can be
accommodated without long-term negative consequences is two percent per year. Therefore, the
GMQS is designed to ensure that new development approvals not exceed an average rate of two
percent per year. The community's growth rate goal is implemented by the "development pool"
regulations of Sec. 8-104
For a variety of reasons, it is possible that the community's actual population growth might exceed
two percent per year in some years. Previous GMQS approvals and exemptions, for example,
could result in periods of construction activity and population growth that exceed the planned
average annual growth rate. Regardless of the rate at which growth actually occurs, it is the intent
of the GMQS that new approvals not exceed two percent per year and that the maximum peak
~buildout population of 30,000 not be exceeded This peak buildont goal is implemented by the
development cedmgs of Sec. 8-103
Sec. 8-102. Applicability.
Division l of this article represents the City's component of the metro area's Residential and Tourist
Accommodations Growth Management Quota System. As such, it shall apply to all residential and tourist
accommodations development in the City of Aspen. Despite the regulations' universal application
throughout the City, the Growth Management Quota System is designed to exempt specific land use and
development activities from the growth management competition and scoring process. For the purposes of
Division 1 of this article, the two following development categories have been established.
Development that is not subject to growth management competition and scoring (exempt
developmenO. Development that is not subject to growth management competition and
scoring (also referred to as exempt development) does not compete for available growth
management allocations and is not scored by the growth management scoring criteria of
Sec. 8-108 Some types of exempt development are deducted from the annual
development allotments and overall development ceilings; others are not. Although not
subject to growth management competition and scoring, exempt development is subject to
all other applicable Code requirements, including the exemption provisions of Sec. 8-
105. A complete list of exemptions can be found in Sec. 8-105
b. Development subject to growth management competition and scoring (non-exempt
development). Development that is subject to growth management competition and
scoring (also referred to as non-exempt development) is required to compete against all
other non-exempt projects in the metro area for development allocations. Non-exempt
development is scored in accordance with the growth management scoring criteria of Sec.
8-108 All approved non-exempt development is deducted from the available pool of
annual development allotments (Sec. 8-104) and from the overall development ceilings of
Sec. 8-103 Any development that is not specifically listed as exempt pursuant to Sec. 8-
105 shall be considered non-exempt.
Sec. 8403. Metro Area development ceilings.
a. General. Development ceilings are established for the purpose of limiting the overall,
cumulative mount of development permitted within the Aspen metro area. The ceilings
apply to all non-exempt development and to some types of exempt development. Sec. 8-
105 contains a complete list of exempt development types that are subject to metro area
development ceilings.
In order that the metro area's maximum projected peak population of 30,000 is not exceeded,
development ceilings impose cumulative limits on the number of development allocations that
may be granted and on deductible exemptions that may be approved. In order to ensure that
ceilings are not exceeded, the Community Development Director shall maintain an inventory of
development allotments granted and deductible exemptions approved within the metro area.
b. Ceiling levels. The Community Development Director shall calculate the number of
allotments remaining under established development ceilings by June i each year. Under
no circumstances shall exempt or non-exempt development be allowed in excess of the
following development ceilings:
Development Type Metro Area Ceiling
Tourist Accommodations 253 units
Free Market Residential 92 units
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Development Type Metro Area Ceiling
Free Market Residential, AH Associated 184 units
Resident Occupied 184 units
Affordable Housing 989 units
Sec. 8-104. Annual development allotments. (Previously §8-103)
The residential and tourist accommodations growth management quota system's method of establishing
annual development allotments has been designed to be as fair and flexible as possible. It establishes
pools of development allotments that are available for use by metro area exempt and non-exempt projects
during one-year periods, rtmning from June 1 to May 31. The system allows allotments to be "borrowed"
fi'om future years if necessary to accommodate very high-quality projects. As a result of the flexibility
that has been built into the allotment system, the number of allotments available during any one year may
vary.
a. Establishment of allotment pools.
i. Base allotment pool. The base annual allotment pool corresponds to the desired
annual growth rate for the metro area. It is established solely for the purposes of
measuring changes in actual allotment levels and for calculating the maximum
number of allotments available each year, pursuant to Sec. 8-104.A.3. The
following base annual allotment levels are hereby established for the entire metro
arca~
Development Type Base Allotments
Tourist Accommodations 11 units
Free Market Residential 4 units
Free Market Residential, AH Associated 8 units
Resident Occupied 8 units
Affordable Housing 43 units
ii. Reserve pool. The Aspen Area Community Plan Calls £or some development
allotments to be reserved each year for use by projects that are subject to growth
management competition and scoring (non4exempt development). Consequently,
until the close of each year's growth management competition and appeals period,
the following allotments shall be reserved for use by non-exempt development
only:
Development Type Reserve Allotments
Tourist Accommodations 6 units
Free Market Residential 2 units
If these reserved units remain unused following the close of the growth management
competition and appeals period, any remaining allotments shall be made available for use by
exempt development. In the case of remaining, "Free Market Residential Non-Exempt"
allotments, such unks shall be available for allocation to any form of"Free Market
Residential" development.
iii. Maximum allotment pool. The maximum number of allotments available within a
single year will vary based on at least two factors: (1) the number of allotments
granted in previous years and (2) whether the City Council authorizes the use of
optional multi-year allotments, pursuant to Sec. 8-104.B This section establishes
the method by which the maximum annual allotment pools for residential and
tourist accommodations development shall be calculated.
(1) Standard maximum allotment poolformula. No later than June I of each
year, the Community Development Director shall calculate the number of
development allotments available during the upcoming year using the
following formula:
Standard Maximum Allotment Pool = B + A
Where:
B = base allotment
A = accumulated allotment deficit/surplus (from preceding years;
as compared to base allotment)
In no case shall fewer than the reserve allotment pool be available
(2) Optional (multi-year) maximum allotment pool formula. The following
formula shall be used by the Community Development Director to
calculate the number of allotments available for "exceptional" projects
(See Sec. 8-104.B) that include free market un[ts. The number of
allotments available in the optional (multi-year) pool shall be calculated
no later than June 1 of each year.
Optional (Multi-Year) Maximum Allotment Pool = (5 xB)-(4xR)+A
Where:
B = base allotment
R = reserve allotment
A = accumulated allotment deficit/s~rplus (from preceding years;
as compared to base allotment)
(3) Optonal (multi-year) 100% affordable housing allotment pool formula.
The following formula shall be used by the Community Development
Director to calculate the number of allotments available for "exceptional"
projects (See Sec. 8-104.B) that are totally comprised (100%) of
affordable housing. This formula shall also be used to determine the
number of available Resident Occupied (RO) units without regard to the
annual limitations, up to a cumulative ceiling of 100 RO units. The
number of allotments available in the optional (multi-year) 100%
affordable housing allotment pool shall be calculated no later than June 1
of each year.
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Optional (Multi-Year) 100% Affordable Housing Allotment Pool =
(10xB)-(9xR)+A
Where:
B = base allotment
R = reserve allotment
A = accumulated allotment deficit/surplus (from preceding years;
as compared to base allotment)
(4) Establishment of maximum pool levels. The maximum allotment pool
levels calculated pursuant to the "Standard Maximum Allotment Pool"
formula of this section shall constitute the maximum allotment available
for the year, unless the City Council approves the use of "Optional
(Multi-Year) Maximum Allotments" pursuant to the provisions of Sec. 8-
104.B. Regardless of the number of allotments yielded by the "Standard
Maximum Allotment Pool" formula, the reserve pool allotments of Sec.
8-104.A.2 shall be available each year.
(5) Use of allotments in maximum allotment pool. Allotments in the maximum allotment
pool shall be available for use as follows.
(a) Development subject to growth management competition and scoring.
Development that is subject to growth management competition and scoring
(non-exempt) shall be entitled to use only those allotments in the reserve pool
established pursuant to Sec. 8-104.A.2. Any reserve pool allotments remaining
after the close of the annual growth management competition and appeals period
shall be added to the pool of allotments available for use by development that is
not subject to competition and scoring (exempt development).
0o) Development not subject to growth management competii~on and scoring~
Because some units from the maximum allotment pool must be reserved each year
until after growth management competition, the number of allotments available
for use by development that is not subject to growth management competition and
scoring (exempt development) will likely va~, at different times of year. The
number of allotments available for use by development that is not subject to
competition and scoring shall be calculated as follows:
(i) Pre-competition: No later than June 1 of each year, the Community
Development Director shall calculate the number of development allotments
available for use by exempt development using the following formula:
Pre-Competition Exemption Allotment Pool = (M-R) + 2
Where:
M = Maximum Allotment Pool
R = Reserve Pool
(ii) Post-competition: No later than one day after the close of the growth
management competition and appeals period, the Community Development
Director shall calculate the number of development allotments available for
use by exempt development using the following formula:
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Post-Competition Exemption Allotment Pool = (P+R) + 2
Where:
P = Units Remaining from Pre-Competition Exemption
R ; Units Remaining from Reserve Pool
b. Optional multi-year maximum allotments for "exceptional"projects.
i. Award of optional multi-year maximum allotments. When the "Optional (Multi-Year)
~ Maximum Allotment Pool" formula of Sec. 8-104.A.3 yields available allotment pool
levels that exceed the allotment pool levels calculated pursuant to the "Standard
Maximum Allotment Pool" formula of Sec. 8-104.A.3, the City Council shall be
authorized to make optional multi-year allotments available to "exceptional" non-exempt
projects. "Optional (Multi-Year) Maximum Allotments" shall be made available only to
specific projects, and in the event that the allotments expire or are otherwise unused after
being awarded, they shall not be carded over as surplus allotments or be transferred to
other projects.
ii. Approval criteria. Because the award of optional multi-year maximum allotments may
result in fewer allotments being available in subsequent years, the use of optional multi-
year maximum allotments shall be reserved for exceptional non-exempt projects that show
particular sensitivity to the community and its needs, as expressed in (1) the Growth
Management Scoring Criteria of Sec. 8-108 and (2) in adopted plans and studies. The
Growth Management Commission may recommend and the City Council may award
optional multi'year maximum allotments as part of its rauldng and allocation review
conducted pursuant to See. 8 - 106.C
(I) Community planning criteria. In order to be eligible for the award of optional multi-
year maximum allotments, projects shall be required to demonstrate to the satisfaction
of the Growth Management Commission and City Council that all of the following
criteria [8-104.B.2.a.(1) through 8-104.B.2.a.(7)] have been met.
(a) The quality of the proposed development substantially exceeds that established in
the minimum threshold for the scoring established in Sec. 8-106.C.5;
(b) The proposal maximizes affordability,consistent with housing needs established
as priority through the current AH Guidelines;
(c) The proposal integrates a mixture of economic levels and housing for a variety of
lifestyles (e.g., singles, seniors and families);
(d) The proposal minimizes impacts on infrastructure by incorporating innovative,
energy-saving site design, structural design characteristics or other techniques
that minimize the use of water, heating and sewage disposal;
(e) The proposal incorporates or integrates with an existing local based economy
(i.e., sustainable local businesses);
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(f) The proposal accomplishes a level of design and site plan ingenuity that advances
the community, goals expressed in the Aspen Area Community Plan; and
(g) The proposed project represents an exceptional commitment to advancing the
visions, goals and specific action items of the Aspen Area Community Plan,
particularly those described in the scoring criteria of Division 1 of this article
(Secs. 8-108.C. 1, 8-108.C.2, 8-108.C.3 and 8-108.C.4).
(2) General growth management criteria. The City Council shall not award optional
(multi-year) allotments unless the Growth Management Commission and City
~ Council make affirmative findings finds that the following conditions exist.
(a) The site design of the proposed development makes construction phasing
infeasible. This requires but is not limited to a demonstration that economies of
scale will result from construction occurring at once; the proposed development is
intended as a single building that cannot easily be consaucted or operated in
phases; and the public facility investments for the proposed development, such as
roads, water and sewer facilities, must all be installed at the initiation of the
project, making phasing economically unrealistic;
(b) The impacts of construction of the proposed development on the surrounding
neighborhood and the metro area as a whole will be reduced by construction at
one time rather than phasing it over two or more construction periods; and
(c) The community is capable of absorbing the accelerated rate at which impacts on
services and public facilities will be experienced. It shall be considered sufficient
evidence of service and public facility availability if it can be demonstrated that
sufficient capacity is available in the following public facilities to accommodate
the metro area's planned rate of growth and the accelerated rate due to the
proposed development: Transportation (including airport, roads, transit and
parking), utilities (including water, sewer, electric, gas and drainage), affordable
housing, park and recreation facilities, solid waste facilities, police and fire
protection facilities, hospitals and schools.
c. Unallocated surplus allotments. If, on May 31, unallocated development allotments remain
unused they shall automatically be treated as "surplus" allotments and be added to the pool of
allotments available in successive years [see formula, Sec. 8-104.A.3]. This automatic
carryover provision notwithstanding, the City Council, following a public heating for which
notice has been given pursuant to Section 6-205(E)(3)(a), shall be authorized to deny the
carryover of allotments and to delete any remaining surplus allotments. In making its
decision, the City Council shall consider the following
(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 fi'om a proposed
development that is granted the unallocated allotments, including issues of scale,
infrastructure capacity and community character; and
(3) The expected impact from approved developments that have already obtained
O allotments or exemptions, but that have not yet been built.
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SEC. 8-105. EXEMPTIONS (Previously §8-104)
Several types of development are eligible for exemption from the residential and tourist accommodations
growth management competition and scoring procedures of this article. Some types of exempt
development are deducted from the pool of annual development allotments and metro area development
ceilings; others are not. This section describes the types of development that are exempt from growth
management competition and scoring. The provisions are organized in terms of the decision-making
entity with responsibility and authority for considering exemption requests. The regulations also describe
whether exemptions are to be deducted fi.om the pool of annual development allotments and the metro area
development ceilings. See "Allocation Procedures for Exempt Development," Sec. 8-106.B
a. ~ Exemption by Community Development Director.
i. General.
(1) Timing of exemption request. No development shall be considered for an exemption
by the Community Development Director until a complete building permit application
has been submitted pursuant to Sec. 6-206.
(2) Delayed reconstruction of demolished dwelling, hotel and lodge units. An exemption
request that includes a request for an extension of the three-year deadline on
reconstruction of demolished dwelling, hotel and lodge un/ts shall be accompanied by
an improvements survey of the structure. No demolition shall occur until the
Community Development Director has verified the improvements survey.
ii. Community Development Director exemptions that are not deducted from the pool of
annual development allotments or from the metro area development ceilings. The
following exemptions shall not be deducted from the respective annual development
allotment established pursuant to Sec. 8-104 or fi.om the metro area deyelopment ceilings
established pursuant to Sec. 8-103
(1) Remodeling, restoration, or reconstruction o./'existing buildings.
(a) Remodeling, restoration or reconstruction of existing lodge or multi-family
buildings. The remodeling, restoration or re6onstmction of an existing lodge or
multi-family building shall be exempt from the growth management competition
and scoring procedures, provided that it does not create additional dwelling, hotel
or lodge units or involve a change ofnse. No bandit unit shall be remodeled,
restored or reconstructed unless it has first been legalized pursuant to Sec. 5-510.
Co) Reconstruction of demolished dwelling, hotel and lodge units. The reconstruction
of demolished dwelling, hotel and lodge units shall be exempt fi.om the growth
management competition and scoring procedures, in accordance with the
following standards;
(i) An applicant may propose to demolish and then delay the reconstmc,tion of
existing dwelling, hotel or lodge units. ~
(ii) The applicant shall verify, by a letter submitted to and approved by the
Community Development Director, the number of existing legal units on the
property prior to demolition and shall agree that reconstruction will occur
pursuant to the terms of this section.
8
O (iii) Reconstmction shall occur within five years of demolition, unless an
extension of this deadline is granted by the City Council for good cause.
(iv) Any building that is demolished Shall be limited to reconstruction on the
same parcel or on a contiguous parcel owned by the applicant, unless it is
determined that reconstruction shall be permitted off-site pursuant to Sec.
5-703.
(c) Replacement of structures listed on inventory of historic structures. A stmctore
included on the inventory of historic structures that is neither an historic
landmark nor located within an Historic Overlay District may be removed fi.om a
property and relocated elsewhere within the City of Aspen and need not be
demolished in order for a replacement structure on its original site to be exempted
fi-om the growth management competition and scoring procedures, provided that
the structure is designated as an historic landmark in its new location and all
necessary development approvals are obtained fi.om HPC and the Planning and
Zoning Commission.
(d) Replacement of demolished multi-family, residential units. Replacement of
demolished multi-family, residential units shall be subject to the requirements of
the Housing Replacement Program.
(e) Remodeling, restoration or expansion of existing single-family or duplex
dwellings. The remodeling, restoration or expansion of existing single-family or
duplex dwellings shall be exempt fi-om the growth management competition and
scoring procedures.
(2) Historic landmarks. The change of use of an historic landmark that does
not increase the building's existing floor area ratio shall be exempt fi.om
the growth management competition and scoring procedures.
(3) Detached single-family or duplex dwelling unit. The construction of one
or two detached residential units or a duplex dwelling on a lot that was
subdivided or was a legally described parcel prior to November 14, 1977,
that complies with the provisions of Sec. 7-1004(A)(5) or the replacement
after demolition of one or two detached residential units or a duplex
dwelling, or the remodel or expansion of a single family dwelling into a
duplex dwelling. This exemption shall not be applied to any lot for
which any other development allotment is currently being sought or is
approved. This exemption shall only apply if the following standards are
met.
(a) Single-family. In order to qualify for a single-family
exemption, the applicant shall have three options:
(i) providing an accessory dwelling unit;
O (ii) paying the applicable affordable housing impact fee; or
9
(iii) recording a resident-occupancy deed restriction on the single-family
dwelling unit being constructed.
(b) Duplex. In order to qualify for a duplex exemption, the
applicant shall have four options:
(i) providing one ftee market dwelling unit and one deed restricted, resident-
occupied dwelling unit with a minimum floor area of 1,500 square feet;
(ii) providing two free market dwelling units and one accessory dwelling unit
~ with a minimum floor area of 600 square feet;
(iii) providing two deed restricted, resident-occupied dwelling units; or
(iv) paying the applicable affordable housing impact fee.
(4) All development not classified as "tourist accommodations, '
"residential" or "commercial and office" development. All development
not limited by the provision of Sec. 8-104 shall be exempt from the
growth management competition and scoring procedures.
iii. Community Development Director exemptions that are deducted from the pool Of annual
development allotments and from the metro area development ceilings. The enlargement
of an historic landmark that develops, on a maximum cumulative basis, not more than one
residential dwelling or three hotel, lodge, bed and breakfast, boardinghouse,
roominghouse or dormitory units. Although exempt from competition, units exempted by
Director this section shall be deducted from the
the
Community
Development
pursuant
to
respective annual development allotment established pursuant to Sec. 8-104 and from the
metro area development ceilings established pursuant to Sec. 8-103
b. Exemption by Growth Management Commission.
i. General.
(1) Application for exemption. No development shall be considered for an exemption by
the Growth Management Commission until a completed application for exemption
has been submitted to the Community Development Director.
(2) Procedure. After the Community Development Director has determined that the
application for exemption is complete, pursuant to Sec. 6-204, the application shall be
forwarded to the Growth Management commission for review and consideration at a
hearing, for which notice has been given pursuant to Sec. 6-205(E)(3)(a). After
considering the request, the Growth Management Commission shall approve, approve
with conditions or deny the application for exemption, based on the application's t,;
compliance with all applicable standards: In the event that there are insufficient
allotments available to accommodat;e all applications for exempt development, a
random ckawing shall be held in accordance with the standards of Sec. 8-106.B
Growth Management Commission exemptions that are not deducted from the pool of
annual development allotments or from the metro area development ceilings. The
following exemptions shall not be deducted from the respective annual development
10
allotment established pursuant to Sec. 8-104 or fi.om the metro area development ceilings
established pursuant to Sec. 8 - 103
(1) Historic landmarks.
(a) Exempt development.
(i) Enlargements for additional dwelling and tourist accommodations units. The
enlargement of an historic landmark that develops more than one residential
dwelling or more than three hotel, motel, lodge, bed and breakfast,
boardinghouse, roominghouse or dormitory units shall be exempted fi.om the
growth management competition and scoring procedures by the Growth
Management Commission if all of the standards of Sec. 8-105.B.2.a.(2) are
met.
(ii) Enlargements for mixed-use development. The enlargement of an historic
landmark for mixed-use as a commemial, office or lodge development and
that adds a residential dwelling unit, that increases the building's or parcelYs
existing floor area ratio and its net leasable square footage shall be exempted
from the growth management competition and scoring procedures by the
Growth Management Commission if all of the standards of Sec. 8-
105.B.2.a.(2) are met.
(b) Standards for historic landmark exemptions. To be eligible for the historic
landmark exemptions of this section, the applicant shall demonstrate that as a
result of the development, mitigation of the project's community impacts will be
addressed as follows:
(i) For an enlargement to the maximum floor area permitted under the external
floor area ratio for the applicable zone district (excluding any bonus floor
area permitted by special review), the applicant shall provide affordable
housing at 100 pement of the level that would meet the threshold required in
Sec. 8-106.C.5 for the applicable use. For each one percent reduction in floor
area below the maximum permitted under the external floor area ratio for the
applicable zone district (excluding any bonus floor area permitted by special
review), the affordable housing requirement shall be reduced by one pement.
The applicant shall place a restriction on the property, to the satisfaction of the
city attorney, requiring that if, in the furore, additional floor area is requested, the
owner shall provide affordable housing impact mitigation at the then current
standards.
Any affordable housing provided by the applicant shall be restricted to the
housing designee's Category 3 price and income guidelines, as set forth in the
Affordable Housing Guidelines established by the Aspen/Pitkin County Housing
Authority.
(ii) Parking shall be provided according to the standards of Article 5, Division 2
and Division 3, if I-[PC determines that parking can be provided on the site's
surface and be consistent with the review standards of Article 7, Division 6.
11
Any parking that cannot be located on-site and that would therefore be
required to be provided via a cash-in-lieu payment shall be waived.
(iii) The development's water supply, sewage treatment, solid waste disposal,
drainage control, transportation and fire protection impacts shall be
mitigated to the satisfaction of the Growth Management Commission.
(iv) The compatibility of the project's site design with surrounding projects
and its appropriateness for the site shall be demonstrated, including but
not limited to consideration of the quality and character of proposed
landscaping and open space, the mount of site coverage by buildings,
any amenities provided for users and residents of the site, and the
efficiency and effectiveness of the service delivery area.
iii. Growth Management Commission exemptions that are deducted from the pool of annual
development allotments and from the metro area development ceilings. The following
exemptions shall be deducted fi:om the respective annual development allotment
established pursuant to Sec. 8-104 and fi:om the metro area development ceilings
established pursuant to Sec. $-103
(1) Change in use. A change in use of an existing smmture between the
residential, commercial/office and tourist accommodations categories for
which a certificate of occupancy has been issued for at least two years
and which that is intended to be reused, shall be exempt fi:om the growth
management competition and scoring procedures, provided that the
following conditions are met:
(a) the Growth Management Commission determines that a minimal number of
additional employees will be generated by the change in use and that employee
housing will be provided for the additional employees generated;
(b) the Growth Management Commission determines that: a minimal amount of
additional parking spaces will be demanded by the change in use and that parking
will be provided;
(c) the Growth Management Commission determines that there will be minimal
visual impact on the neighborhood fi:om the change in use;
. (d) the Growth Management Commission determines that minimal demand will be
placed on the city's public facilities fi:om the change in use;
(e) no zone change is required;
(f) no more than one residential unit will be created; and
(gl) the proposed use is consistent in all respects with the AACP.
(2) Accessory dwelling units. The development of no more than one
accessory dwelling unit on a parcel containing an existing detached
residential unit or a duplex, and the development of accessory dwelling
units in a newly constructed multi-family development that are not
12
required to meet the Standards of Article 8, Division 1, shall be exempt
from the growth management competition and scoring procedures by the
Growth Management Commission, provided that the applicant
demonstrates to the satisfaction of the Growth Management Commission
that:
(a) the development will mitigate its impacts on the commul~ty by providing
employee housing at the level that meets the threshold required in Sec. 8-106.C.5
for the use;
~ (b) parking will be provided according to the standards of this Code;
(c) the project's project's water supply, sewage treatment, drainage control,
transportation, fire protection and solid waste disposal needs can be met, without
adversely affecting service levels provided to existing residents; and
(d) the project's site design is compatible with surrounding projects and appropriate
for the site.
c. Exemption by City Council.
i. General.
(1) /~plicationfor exemption. No development shall be considered for an exemption by
the City Council until a completed application for exemption has been submitted to
the Community Development Director.
(2) Procedure. After the Community Development Director has determined that the
application for exemption is complete, pursuant to Sec. 6-204, the application shall be
forwarded to the Growth Management Commission for review and consideration at a
hearing for which notice has been given pursuant to Sec. 6-205(E)(3)(a). After the
Growth Management Commission's review, the application shall be forwarded to the
City Council for consideration at a public hearing for which notice has been given
pursuant to Sec. 6-205(E)(3)(a). After considering the request, the City Council shall
approve, approve with conditions or deny the application for exemption. An
application for a lot split shall not be reviewed by the Growth Management
commission, but instead shall be forwarded directly to the City Council for
consideration. In the event that there are insufficient allotments available to
accommodate all applications for exempt development, a random drawing shall be
held in accordance with the standards of Sec. 8-106.B
ii. City Council exemptions that are not deducted from the pool of annual development
allotments or from the metro area development ceilings. The following exemptions shall
not be deducted from the respective annual development allotment established pursuant to
Sec. 8-104 or from the metro area development ceilings established pursuant to Sec. 8-103
(1) Construction of essential public facilities. The City Council shall exempt
the construction of essential public facilities from the growth
management competition and scoring procedures if the following
standards are met.
13
(a) Except for housing, development shall be considered an essential public facility if
it serves an essential public purpose, provides facilities in response to the
demands of growth, is not itself a significant growth generator, is available for
use by the general public, and serves the needs of the city.
(b) An applicant for an exemption pursuant to this section shall be required to
demonstrate to the satisfaction of the City Council that the impacts of the
essential public facility will be mitigated, including those associated with the
generation of additional employees, the demand for parking, road and transit
services, and the need for basic services including but not limited to water supply,
~ sewage treatment, drainage control, fire and police protection, and solid waste
disposal. It shall also be demonstrated that the proposed development has a
negligible adverse impact on the city's air, water, land and energy resources, and
is visually compatible with surrounding areas.
(c) Notwithstanding the criteria as set forth in Sees. 8-105.C.2.a.(1) and 8-
10V.C.2.a.(2) the City Council may determine upon application that development
associated with a nonprofit entity qualifies as an essential public facility and may
exempt such development from the growth management competition and scoring
procedures and such mitigation requirements as it deems appropriate and
warranted.
iii. City Council exemptions that are deducted from the pool of annual development
allotments and from the metro area development ceilings. The following exemptions
shall be deducted from the respective annual development allotment established pursuant
to Sec. 8-104 and from the metro area development ceilings established pursuant to Sec.
8-103
(1) Lot split. The development of one detached residential dwelling on a
vacant lot within the original mapped Aspen Townsite, formed by a lot
split granted subsequent to November 14, 1977 pursuant to Sec. 7-
1003(A)(2), shall be exempted from the growth management competition
and scoring procedures by the City Council. The existing original lot
does not need to be developed in order to be eligible for this lot split
exemption.
(2) Affordable housing. All affordable housing deed restricted in accordance
with the housing guidelines of the City Council and its housing designee,
shall be exempt from the growth management competition and scoring
procedures by the City Council.
(3) Accessory uses in mixed use development. Development of accessory
uses in a mixed use development shall be exempt from the growth
management competition and scoring procedures, when the following
conditions are met:
(a) The proposed development consists of a building or buildings designed as an
integrated whole that contains uses requiting the submission of development
applications for an allotment in more than one of the categories of Sec. 8-104
14
(b) There is one use of the property that is the principal use and any other uses are
accessory to, in support of and necessary for the principal use.
(c) In conjunction with the application for exemption, an application is submitted
pursuant to Sec. 8-106 that receives a development allotment for the principal use.
(d) The impacts of the accessory use on public facilities and affordable housing are
mitigated by an agreement to provide the necessary public facilities and
affordable housing at a level that would meet the threshold required in Sec. 8-
106.C.5 for the accessory use.
(e) The site design and architecture of the accessory use is evaluated in conjunction
with the review of the development application for the principal use pursuant to
Sec. 8-108
(4) Free market residential, AH associated Free market residential development in the
AH zone district shall be exempt fi.om the growth management competition and
scoring procedures.
SEC. 8-106. DEVELOPMENT ALLOTMENT PROCEDLrRES (Previously §8-106)
a. General.
i. Number of development applications. No more than one development application for any
parcel shall be considered in one year, unless each development application is submitted
for an allotment in a different land-use/development category.
ii. Multi-site development applications. For any proposed development that is located on
two or more parcels, the points awarded to each shall be weighted by the number of units
to be constructed on each parcel and a weighted value calculated for the points in each
category.
iii. HPC conceptual approval. In the event that historic preservation committee (HPC)
approval is needed for any proposed project, the committee's conceptual approval must be
secured prior to submitting an application for a development allotment. The applicant
shall be required to secure final approval of the project fi.om the committee prior to
submission of an application for a building permit.
iv. Consolidated applications. Development applications for any development activity that
is consolidated with a development application for allotment shall only receive final
approval to the extent to which the project obtains necessary development allotments.
b. Allocation procedures for exempt development.
i. Application deadline. Applications are taken and granted allocations on a first-come-
first-served basis beginning on June 1 of each year. An application for an exemption or
for a development allotment for exempt development may be submitted to the Community
Development Director at any time of the year.
15
ii. Application contents. An application for development allotments for exempt development
shall be submitted in a form established by the Community Development Director and
made available to the public.
iii. Procedure. A development application for a development allotment for exempt
development shall be reviewed pursuant to Common Procedures, Article 6, Division 2.
After review for completeness and review and approval in accordance with Sec. 8-105,
development allotments shall be allocated on a first-come-first-served basis, provided that
all applications submitted on the same day shall be conslrued to have been submitted at
the same time. In the event that the number of development applications submitted on the
same day exceeds the number of development allotments available, a random drawing
shall be held to determine the order in which allocations are granted. Those applications
that do not receive a development allotment in the random drawing shall remain valid
until the following May 31. In the event that additional allocations become available on
or before May 31, development allotments shall be allocated on the basis of the original
random drawing. If allotmants are available after awarding allotments to those
applications included in the random drawing, they shall again be made available to
applications on a first-come-first-served basis, based on the date of submittal, if
development allotments have not been allocated to an application by May 31, that
application shall expire and be ineligible for allocation until a new application is
submitted.
c. Allocation procedures for non-exempt development.
i. Application deadline. A development application for a development allotment for non-
exempt development shall be submitted to the Community Development Director
pursuant to Common Procedures, Article 6, Division 2, on or before the following dates:
Land Use/Development Type Submission Date
Tourist Accommodations August 1
Residential November 1
ii. Application contents. An application for development allotments for non-exempt
development shah be submitted in a form established by the Community Development
Director and made available to the public.
iii. Ranking procedures and standards. A development application for a development
allotment for non-exempt development shall be reviewed pursuant to Common
Procedures, Article 6, Division 2. After review for completeness and a recommendation
for scoring by the Community Development Director, such applications shall be reviewed
and recommended for the award of development allotments in accordance with the
procedures and standards of this section. An applicant shall only amend an incomplete
application to make technical corrections or clarifications, and the application shall be
scored by the Growth Management Commission.
(1) Each Growth Management Commission member shall assign a whole number score
(not a fractional number) to the project.
(2) Following the initial scoring, commission members shall be free to discuss individual
scorns and to offer justification for such scorns.
16
(3) Following the close of Growth Management Commission discussions regarding initial
scoring, a final scoring round will be held, during which each Growth Management
Commission member shall again identify the number of points, expressed as whole
numbers, assigned to the project. Growth Management Commission members shall
be free to revise the number of points awarded to a project between the preliminary
and final scoring rounds.
(4) After the close of the final scoring round, a project's final average score shall be
calculated by (I) totaling the commissioners' individual scores and (2) dividing that
total by a number equal to the number of commissioners who participated in the final
scoring round. Final average project scores shall be calculated for each of'the four
growth management scoring criteria of Secs. 8-108.C. 1, 8-108.C.2, 8-108.C.3 and 8-
108.C.4, and a cumulative score shall be calculated for the criteria as a whole. The
final average cumulative score calculated pursuant to this provision shall constitute
the project's final score.
(5) Projects shall be ranked in order of their final average scores.
(6) The project rankings and any recommendations for the award of optional maximum
allotments shall be forwarded to the City Council and Board of County
Commissioners.
iv. Actions required for approval of allotments. Since the Growth Management Quota
System applies throughout the Aspen Metro area, no growth management allocation shall
be awarded unless the City Council and Board of County Commissioners both accept the
recommendation of the Growth Management Commission. The procedures governing
challenges and appeals are set out in Secs. 8-106.D and 8-i06.E
v. Minimum scoring thresholds required for allocation. No growth management allocation
shall be awarded to projects that do not receive a final average score of at least three
points for each of the growth management scoring criteria of Secs. 8-108.C. 1, 8-108.C.2,
8-108.C.3 and 8-108.C.4
vi. Identicalpoint totals. In the event that two or more non-exempt development
applications receive identical point totals, and one or more must be approved to the
exclusion of others because insufficient allotments are available, the Growth Management
Commission shall reconsider the tying projects and apply the following criteria, in
sequence, until the tie is broken:
(1) The project that received the higher point total in the greatest number of scoring
categories shall be considered first in eligibility for an allo~anent.
(2) The project that was awarded the greatest number of points for "revitalizing the
permanent community" shall be considered first in eligibility for an allotment.
(3) The project that was awarded the greatest number of points for "providing
transportation innovations" shall be considered first in eligibility for an allotment.
17
(4) The project that was awarded the greatest number of points for "promoting
environmentally sustainable development" shall be considered first in eligibility for
an allotment.
d. Challenges and appeals made by aggrieved parties.
i. Upon receipt Of the Growth Management Commission's ranking of development
applications, the City Council shall consider any appeals made by persons aggrieved by
the scoring of the Growth Management Commission. The City Council's review of an
appeal shall be limited to determining whether there was a denial of due process or abuse
of discretion by the Growth Management Commission in its scoring. Any appeals must
be filed within 14 days of the Growth Management Commission's public hearing by filing
a notice of appeal with the Commlmity Development Director.
ii. In reviewing an appeal} the City Council shall consider the development applications
based on the record established by the Growth Management Commission. The City
Council shall affirm the scoring of the Growth Management Commission unless it
determines that there was a denial of due process or abuse of discretion by the Growth
Management Commission in its scoring, in which case the City Council shall overturn the
Growth Management Commission's scoring of the application. If the City Council affirms
the scoring of the Growth Management Commission, that action shall constitute the final
administrative order on the matter. If the City Council overturns the Growth Management
Commission's scoring, the appellant may file an appeal of the Carowth Management
Commission's scoring with the joint City Council/Board of County Commissioners as
provided in Sec. 8-10VI.D.3..
iii. An appeal to the joint City Council/Board of County Commissioners shall be filed within
14 days of the City Council's decision on the matter by filing a notice of appeal with the
Community Development Director. A joint City Council/County Commissioners meeting
shall be called within 30 days of the date that the appeal is filed. In reviewing an appeal,
the joint City Council/Board of County Commissioners shall act on the basis of the record
established by the Growth Management Commission. The appellant shall have the burden
of persuasion in the appeal.
The joint City Council/Board of County Commissioners shall affirm the scoring of the
Growth Management Commission unless it determines that there was a denial of due process
or abuse of discretion by the Growth Management Commission in its scoring, in which case
the joint City Council/Board of County Commissioners shall take such action as it deems
necessary to remedy the Growth Management Commission's action. Remedies available to
the joint City Council/Board of County Commissioners shall include, but not be limited to
amending the number of points awarded or remanding the development application to the
Growth Management Commission for rescoring.
A quorum of the joint City Council/Board of County Commissioners shall be comprised of at
least three members of the Aspen City Council and at least three members of the Pitkin
County Board of County Commissioners. No meeting of the joint City Council/Board of
County Commissioners shall be called to order without a quorum and no meeting at which
less than a quorum is present shall act on an appeal other than to continue it to a date certain.
All actions shall require the concurring vote of a simple majority of the members then present
and voting. A tie vote by the joint City Council/Board of County Commissioners shall be
deemed a decision to uphold the Growth Management Commission's scoring.
18
The decision of the joint City Council/Board of County Commissionero shall constitute the
final administrative order on the matter.
e. Challenges and appeals made by City Council or Board of County Commissioners.
i. An appeal to the joint City Council/Board of County Commissioners may be filed by
either the City Council or Board of County Commissioners at any time by filing a notice
of appeal with the Community Development Director. In the event of such an appeal, a
joint City Council/County Commissioners meeting shall be called within. 30 days of the
date that the appeal is filed. In reviewing an appeal, the joint City Council/Board of
County Commissioners shall act on the basis of the record established by the Growth
Management Commission. The appellant shall have the burden of persuasion in the
appeal.
The joint City Council/Board of County Commissioners shall at'firm the scoring of the
Growth Management Commission unless it determines that there was a denial of due process
or abuse of discretion by the Growth Management Commission in its scoring, in which case
the joint City Council/Board of County Commissioners shall take such action as it deems
necessary to remedy the Growth Management Commission's action. Remedies available to
the joint City Council/Board of County Commissioners shall include, but not be limited to
amending the number of points awarded or remanding the development application to the
Growth Management Commission for rescoring.
A quorum of the joint City Council/Board of County Commissioners shall be comprised of at
least three members of the Aspen City Council and at least three members of the Pitkin
County Board of County Commissioners. No meeting of the joint City Council/Board of
County Commissioners shall be called to order without a quorum and no meeting at which
less than a quorum is present shall act on an appeal other than to continue it to a date certain.
All actions shall require the concurring vote of a simple majority of the members then present
and voting. A tie vote by the joint City Council/Board of County Commissioners shall be
deemed a decision to uphold the Growth Management Commission's scoring.
The decision of the joint City Council/Board of County Commissioners shall constitute the
final administrative order on the matter.
f. Allocation. Following the conclusion of all protest hearings, the City Council shall, by
resolution, allocate development allotments among eligible applicants who meet the
minimum threshold established in Sec. 8-106.C.5 in the order of priority established by
their rank. Those applicants having received allotments may proceed to apply for any
further development approvals required by this chapter or any other regulations of the
city. Those development applications that have not met the minimum threshold
established in Sec. 8-106.C.5 shall be denied.
g. Assignability and transferability of allotments. Development allotments shall not be
assignable or transferable independent of the conveyance of the real property, on which the
development allotment has been approved.
SEC. 8-107. MINIMUM DEVELOPMENT STANDARDS
The following minimum development criteria shall apply to all exempt and non-exempt development
within the city of Aspen.
19
a. Consistency with Community Plan. The proposed development shall be consistent with
the Aspen Area Community Plan and other adopted plans.
b. Compliance with Code requirements. The proposed development shall comply with all
applicable requirements of the City Code.
SEC. 8-108. GROWTH MANAGEMENT SCORING CRITERIA: RESIDENTIAL AND
TOURIST ACCOMMODATIONS
a. Applicability. The scoring criteria of this section shall be used in evaluating all non-
, exempt residential and tourist accommodations development applications within the
Aspen metro area. The criteria are based on the visions and goals of Aspen area residents,
as expressed in the Aspen Area Community Plan. The criteria are universal in nature; they
will be used in evaluating both residential and lodge development. It is recognized that
different types of projects will be able to address the criteria in different ways and that not
all of the specific objectives and sample implementation methods are applicable to all
types of development.
b. Scoring. Points shall be awarded for performance relative to each of the four scoring
criteria. Possible scores for each criterion shall range from zero, the lowest possible score,
to five, the highest possible score. It is recognized that small projects could be at a
competitive disadvantage when scored against large-scale projects. It is intended,
therefore, that projects be evaluated according to reasonable expectations regarding what
could be expected given their size and scale. A score of zero shall be awarded to projects
that, although they had the opportunity to comply with scoring criteria and had the ability
to advance stated community goals, will actually contribute nothing to implementation of
the articulated vision and may, in fact, move the community further away from its stated
goals. A score of three indicates that a project will move the community closer toward
attainment of its stated visions and make a positive contribution toward the
implementation of articulated goals. A score of five indicates that a project demonstrates
exceptional sensitivity to the stated visions of the community and will result in significant
movement toward implementation of those goals. Other scores along the continuum from
zero to five will be awarded based on the degree to which projects will implement stated
goals. No growth management allocation shall be awarded to projects that do not receive
a final average score of at least three points for each of the growth management scoring
criteria of Secs. 8-I08.C.1, 8-108.C.2, 8-108.C.3 and 8-108.C.4
c. Criteria. The four following community character-based scoring criteria are intended to
encourage imaginative, innovative and flexible approaches to advancing the visions of
Aspen area residents. Each criterion is presented in the form of general background and
vision statements. Examples of methods that might be used to implement the vision
follow the background and vision statements. It is recognized that some statements will
have no relevance to certain types of projects; projects will not be penalized by low scores
when that is the case. Moreover, the list of possible implementation methods does not
exhaust the range of possible actions for which points will be awarded. T13ose wishing to
explore other possible means of advancing stated goals are encouraged to review the
Aspen Area Community Plan and to consult with representatives from the Community
Development Department.
i. Revitalizing the permanent community. Residents of the Aspen area have long
recognized the need to preserve the community's character and identity as more
20
than just a resort, a collection of second homes and a tourist shopping mecca.
They recognize that a "critical mass" of permanent residents and local serving-
businesses is necessary to make any community function. They recognize, tooi
that the vitality brought to the Aspen area by full-time residents is being seriously
diluted by the inability of working people to live in their own community.
As a result of these concerns, one of the community's central goals is to create a community
with a size, density and diversity that encourages interaction, involvement and vitality and one
that provides opportunities for its workers to become a permanent part oftbe social fabric.
These are a variety of ways in which a project might address the goal of revitalizing the
permanent community, including, but not limited to the following:
(1) providing high-quality, on-site, affordable housing for permanent residents;
(2) providing site appropriate mixing of f~ee market and affordable housing for efficient
provision of services such as transit and discourages site planning that isolates
affordable and free market units;
(3) providing a housing package consistent with the Housing Authority Guidelines with
an emphasis on family-oriented housing where and when appropriate;
(4) creating affordable dwelling units through buy-downs or conversion of existing fi:ce
market units; and
(5) providing "locally serving commercial space/businesses."
ii. Providing transportation alternatives. Residents recognize that reducing
dependency on the automobile is vital for the lung-term livability and health of
the Aspen area. Their plan is so bold as to envision a time in the not-too-distant
future when the automobile is not the dominant means of moving people in and
around the community. They are seeking a balanced, integrated transportation
system for residents, visitors and commuters that reduces traffic congestion and
air pollution.
These are a variety of ways in which a project might address the goal of providing
transportation alternatives, including, but not limited to the following:
(1) reducing the need for private vehicles as a form of transportatiun;
(2) facilitating and encouraging year-round pedestrian transportation;
(3) helping to implement a valley-wide mass transit system;
(4) providing needed improvements to the existing Rt~,TA system;
(5) increasing the number of available transportation choices;
(6) creating a less congested downtown core;
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(7) helping to implement the transportation planning policies of the AACP and the Aspen
to Snowrnass transportation plan;
(8) altering land use patterns to accommodate and contribute to a more efficient and
effective transit system;
(9) creating, improving or expanding public commuter trails, walkways or bikeway
facilities that are consistent with the goals of the AACP and associated plans, such as
the pedestrian/bikeway plan;
(10) locating developments near transit facilities;
(11) providing on-going transportation to and from the airport, ski areas and shopping
areas;
(12) providing on-going employee transportation services such as van pools or buses
at no cost to employees;
(13) providing bicycle parking, showers and lockers for employees; and
(14) providing secure bicycle storage for guests and employees.
iii. Promoting environmentally sustainable development. Residents of the Aspen
area recognize that the natural environment is one of the community's greatest
assets. As a result, they wish to allow only that development that is
environmentally sensitive and that promotes individually responsible, ecological
lifestyles. The community seeks to foster a high level of consciousness relative to
resource conservation, wildlife protection and environmental sustainability.
These are a variety of ways in which a project might address the goal of promoting
environmentally sustainable development, including, but not limited to the following:
(1) orienting building sites, streets and other project features in order to maximize
potential for use of solar energy and other renewable energy resources;
(2) protecting and preserving existing trees and other mature vegetation during and after
the construction process;
(3) using fewer or cleaner wood-bttrning devices than allowed by law;
(4) removing or replacing existing dirty wood-burning devices;
(5) increasing community access to natural and open space areas;
(6) promoting community recycling efforts;
(7) landscaping with Iow-water-use plant materials and using chemical-free landscape
maintenance techniques;
(8) employing measure that reduce PM 10 levels in the non-attainment area;
22
(9) preserving and efficiently using environmental resources during all phases of
development, including types of materials used and future energy and material needs
of the project;
(10) completely avoiding "104 i" hazard areas and ridgeline development;
(11) enhancing existing wildlife habitat;
(12) completely avoiding 8040 Greenline issues; and
(13) . completely avoiding Stream Margin Review issues.
iv. Maintaining design quality, historic compatibility and community character.
Area residents recognize the importance of design within the larger historic
setting of the community. It is a vital component of the community's economic
well-being and cultural heritage. They believe that public architecture should
support and enhance comm~mity life. Their goal is to ensure the maintenance of
community character through design quality and compatibility with historic
features.
These are a variety of ways in which a project might address the goal of maintaining design
quality, historic compatibility and community character, including, but not limited to the
following:
(1) restoring structures listed in the inventory of historic structures;
(2) improving and maintaining the appearance and function of alleys for commercial,
office and residential uses;
(3) ensuring design compatibility with existing buildings in the vicinity of the proposed
project, in terms of scale, massing, building materials, fenestration, other architectural
features and open space;
(4) including porches or other "pedestrian-friendly" features;
(5) retaining and promoting eclectic and varietal businesses along main street that
maintain and enhance the special character of the historic district;
(6) ensuring the site's useability for social activities.
SEC. 8-109. AMENDMENT OF DEVELOPMENT ORDER (Previously §8-107)
Any request to change an element of a development order or any substantial change to a condition or
representation of an original development order shall constitute a development order amendment. A
development order approving a development allotment pursuant to the requirements of Division 1 of this
article shall only be amended pursuant to the following provisions.
a. Exception. The following activities shall be exempt 15om these development order
amendment procedures, provided they are reviewed and approved by the Community
Development Dkector prior to construction:
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i. any change required to be made to a development order to respond to conditions imposed
upon the proposed development by the Growth Management Commission or the City
Council during the review of other development applications relevant to the proposed
development; and
ii. any insubstantial modification to the development order, which shall be limited to
technical or engineering considerations first discovered 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 effect on the conditions and
representations made during the original project review.
b. Prohibition. In no event shall the following activities be approved as development order
amendments.
i. Any change that is proposed to a development application prior to its receipt of a
development order. A development application that has not yet received a development
order shall only be amended for purposes of clarification or technical correction.
ii. Any proposal that would change the use of the proposed development between residential,
commemial or lodge.
iii. Any proposal that the City Council determines tO be inappropriate by finding that it
renders the proposal a new application, and not an amendment, or by finding it to be
inconsistent with any action taken during the original project review.
c. Procedure. The procedure for review of a development order amendment is as follows. A
development application for amendment shall be submitted to the Community
Development Director and reviewed for completeness pursuant to Common Procedures,
Article 6, Division 2. Upon a determination of completeness, the application shall be
reviewed by the Growth Management Coramission at a public heating noticed pursuant to
Sec. 6-205(E)(3)(a) through (c). Following the close of the public hearing, the Growth
Management Commission shall accept the recommendation for mscoring, or shall re-score
the application itself, shall consider whether conditions should apply or if any of the
proposed activities are prohibited, and shall forward its action to City Council. The City
Council shall consider any challenges by the applicant, and, following the review of
challenges, the City Council shall affirm the allotment to the proposed amendment, with
any conditions that may apply, or shall deny the amendment, in which case the original
allotment shall stand.
d. Application contents. Applicants for amendments to approved projects shall be required
to submit a complete application consisting of the following materials:
i. A written description of the proposed amendment, including a category-by-category
evaluation of whether the proposed development will continue to meet or is proposing to
change its previous commitments.
ii. Site drawings prepared with the equivalent level of detail to those submitted with the
original application depicting the architecture, site design, proposed landscaping, building
locations, and utility, road and parking installations as originally approved and .as
proposed for amendment.
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iii. That information requked in Common Procedures, Sec. 6-202.
e. Standards. In determining whether or not to grant an amendment, the Growth
Management Commission and City Council shall compare the scores awarded by the
Growth Management Commission to the original approval and the proposed amendment.
The development allotment shall be amended if the City Council determines that the score
under each scoring criteria of Sec. 8-108 awarded to the amended project is equal to or
greater than that awarded to the originally approved development.
SEC, 8-110. EXPIRATION OF DEVELOPMENT ORDER (Previously §8-108)
a. Developments that have been awarded allotments under the provisions of this growth
management quota system shall be considered to have complied with the requirements of
approval of a site specific development plan, as defined herein, on the date of approval of the
project's final subdivision, planned unit development (PUD), specially planned area (SPA), or
other development approval, whichever is the latest date. Development allotments and all
other development approvals shall expire on the day after the third anniversary of this date;
unless a building permit is obtained and the project is developed, or unless an exemption from
or extension of the approval is obtained, as provided for below.
i. Subdivisions composed of detached residential or duplex units shall be eligible for
exemption fi.om these expiration provisions. To obtain an exemption, an application for
exemption shall be submitted at any time prior to the third anniversary of the date of
approval of a site specific development plan which shall demonstrate to the satisfaction of
City Council that:
(1) Those conditions applied to the project at the time of its final approval that were to
have been met as of the date of application for exemption have been complied with;
and
(2) Any public or private improvements that were required to be installed by the applicant
prior to construction of any dwelling unit have been installed.
ii. Developments of any type other than a subdivision composed of detached residential or
duplex units shall be eligible for extension of these expiration provisions. To obtain an
extension, an application for extension shall be submitted prior to the third anniversary of
the date of approval of a site specific development plan which shall demonstrate to the
satisfaction of City Council that:
(1) Those conditions applied to the project at the time of its final approval that were to
have been met as of the date of application for exemption have been complied with;
(2) Any improvements that were required to be installed by the applicant prior to
construction of the project have been installed; and
(3) The project has been diligently pmsued in all reasonable respects, and the extension is
in the best interests of the community.
iii. An exemption fi.om these expiration provisions that is granted to a project shall have no
time limit. An extension of these expiration provisions that is granted to a project shall be
25
for a period not to exceed six months. Additional extensions shall require repetition of
the extension procedures.
SEC. 8-111. AFFORDABLE HOUSING (Previously §8-109)
The following provisions shall apply to all "Category # 1," Category #2," "Category #3," "Category #4,!'
and "Resident Occupied" housing units proposed in conformance with the requirements of Article 8,
Division 1 (and to all such units restricted pursuant to former Sec. 24-11.10 of the Aspen Municipal
Code).
a. Credit shall only be provided for those dwelling units that meet the housing size, type, income
~ and occupancy guidelines of the Aspen/Pitkin County Housing Office's most recent
Affordable Housing Guidelines. Applicants are encouraged to engage in a pre-application
conference with the AsperffPitkin County Housing Office to obtain guidance as to the current
guidelines and how they are to be applied.
b. Should an applicant propose a unit that is larger than provided for by the Affordable Housing
Guidelines, then its rental or sales price shall be no greater than allowable had the housing
unit complied with those size limitations.
When there is an agreement to restrict only a portion of a development to "Category # 1,"
Category #2," "Category #3," "Category #4," and "Resident Occupied" housing and the
portion restricted is located adjacent to an unrestricted portion, to be eligible for points within
the provisions of this section, the adjacent portions shall be constructed of the building
materials of similar quality and with a compatible'exterior architectural style.
d. Affordable housing may be provided on the same site or on an alternate site as the proposed
development, provided that credit shall only be given for dwelling units located within the
City of Aspen or the Aspen Metro Area, as this area is currently defined by the Aspen Area
Community Plan. Applicants proposing to provide employee housing on an alternative site
shall be required to demonstrate its feasibility through demonstrating that they have an
interest in the property or dwelling units, and by specifying the size and type of units to be
provided and any physical upgrade to be accomplished.
e. A floor area ratio bonus shall only be obtained pursuant to Article 5, Division 2 by providing
employee housing on the site of the proposed development and not on an alternate site or by
payment of an employee housing dedication fee.
f. Lodge developments shall not be restricted to housing employees of their own business, but
shall also be permitted to house qualified employees of the community at large. It should be
anticipated that the housing units proposed will be required to be restricted to "Category/ti"
price and occupancy guidelines unless the housing unit is restricted to use by an owner or
manager. Provided, however, that at the time the applicant requests growth management
exemption pursuant to Sec. 8-105.C.3.b, the Aspen]Pitkin County Housing Office will review
the current community need for housing, evaluate the affordability of the units to employees
and recommend to the Growth Management Commission the appropriate price and occupancy
category to which the units should be restricted.
g. Should a proposed development cause the displacement of housing units that are currently
deed restricted to employee housing guidelines, then the applicant shall only receive credit for
housing for the net number of employees to be housed by the proposed development,
reflecting the number to be housed in the new units minus those housed in the existing units,
26
rather than for housing the gross number of employees housed in the new units.
h. The deed restrictions created to obtain credit for affordable housing may be amended by
agreement between the property owner and the City Council upon the recommendation of the
Growth Management Commission.
i. Credit may be obtained for providing affordable housing by any of the following methods, or
combination of methods.
i. Production of new dwelling units that are deed restricted in perpetuity to rental and sale
price terms within the housing price and occupancy guidelines of thc AspenfPitkin
County Affordable Housing Guidelines.
ii. Conversion of existing dwelling units that arc not restricted by the Aspen/Pittdn County
Affordable Housing Guidelines to deed restricted status by placing a deed restriction upon
them in perpetuity to rental and sale price terms within the housing price and occupancy
guidelines of the AsperffPitkin County Affordable Housing Guidelines.
iii. Payment of an affordable housing dedication fee, based on the formula for such fees
identified within thc guidelines of thc AspenfPitkin County Affordable Housing
Guidelines. Payment shall be made to the city of Aspen prior to, and on a proportional
basis to the issuance of any building permits for the non-deed-restricted dwelling units of
the proposed development. Applicants may choose to prepay the affordable housing
dedication fee prior to the issuance of any building permits for the project and receive a
discount on the fee, based on thc present value index included within the guidelines of the
AspenfPitkin County Affordable Housing Guidelines.. Approval of the present value
discount shall be at the option of the Aspen/Pitkin County Housing Office and the City
Council.
j. Approval of the method by which the applicant proposes to provide affordable housing shall
be at the option of the City Council? upon the recommendation of the Growth Management
Commission. In evaluating the applicant's proposal, the advice of the Aspen/Pitkin County
Housing Office shall be sought in considering the following factors:
i. Whether the city has an adopted plan to develop affordable housing with monies received
fi-om payment of affordable housing dedication fees.
ii. Whether the city has an adopted plan identifying the applicant's site as being appropriate
for affordable housing.
iii. Whether the applicant's site is well suited for the development of affordable housing,
taking into account the availability of services, proximity to employment opportunities
and transit opportunities and whether the site is affected by environmental constraints to
development or historic preservation concerns.
iv. Whether the method proposed will result in employee housing being produced prior to or
at the time the impacts of the development will be experienced by the community.
v. Whether the development itself requires the provision of affordable housing on-site to
~O meet its service needs.
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When the application is for residential development allotments, a minimmn of 25 pement of the
total number of bedrooms built on the site on which allotments are requested shall be affordable
housing, unless, pursuant to the above standards, it is determined that this amount of affordable
housing cannot or should not be built on-site. For the purposes of this section, a Studio shall be
counted as a 3/4 bedroom.
If the City Council does not approve the method by which the applicant proposes to provide
affordable housing, the applicant shall be prOvided with direction as to which other method or
methods would be preferable.
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DIVISION 2: COMMERCIAL AND OFFICE DEVELOPMENT
SEC. 8-201. PURPOSE.
The purpose of Division 2 of this article is to ensure orderly and efficient growth in the City of Aspen,
ensure there are sufficient public facilities to accommodate new growth and development, ensure new
growth and development is designed and constructed in such a way as to maintain the character and
ambience of the city, and ensure that growth in the city does not over extend the city% ability to provide
support services, including employee housing, for new development.
SEC. 8-202. APPLICABILITY
Division 2~of this a,'ticle shall apply to all Commercial and Office development in the City of Aspen,
unless it is exempted pursuant to Section 8-204.
SEC. 8-203. ANNUAL DEVELOPMENT ALLOTMENT
A. Establishment of allotment. There shall be no more than twenty thousand (20,000) square feet of
commercial and office space allotted in the City of Aspen, on an annual basis, allocated as
follows:
1. Eight thousand (8,000) square feet of net leasable commercial and office space within thc
Conunercial Core (CC) zone dis~ct and Commercial (C-I) zone district.
2. Six thousand (6,000) square feet of net leasable commercial and office space within the
Neighborhood Commercial (NC) zone district and Service/Commercial/~ndustrial (SCI) zone
district.
3. Four thousand (4,000) square feet of net leasable commercial and office s~ace within the
Office (O) zone district; and
4. Two thousand (2,000) square feet of net leasable commercial and of/ice space within the
Commercial Lodge (CL) and all other zone districts.
13. Excess development allotments.
1. In awarding development allotments, the city council may authorize development in excess of
the maximum amount of development allotted for a year established in Section 8-203.A.
Excess allotments, however, shall not exceed twenty-five (25) percent of the annual
development allotment es~blished in Section 8-203.A.
2. Any alloca6on of excess development allotments shall be off-set by a reduction in successive
years so that every fifth year the total development allotted within the previous five (5) years
shall not be in excess of the cumulative total permitted by Section 8-203.A.
3. Unallocated development allotments. If following the award of development allotments there
shall remain unallocated development allotments, the city council, following a public hearing
for which notice has been given pursuant to Section 6-205(E)(3)(a), shall by resolution either
carry over the unallocated allotments to the next year, or eliminate the unallocated allotments.
In making its decision, the city council shall consider the following:
a. The rate of growth over the prior five (5) years in the particular land use category in which
there remains unallocated development allotments.
29
b. The rate of growth in other land use categories over the prior five (5) years, taking into
account the goals of community balance and whether the community has been meeting or
exceeding its planned rate of growth.
c. The ability of the city to absorb the growth which could result from a proposed
development which is granted the unallocated allotments, including issues of scale and
infrastructure capacity.
d.The expected impact fi-om approved developments which have already obtained
allotments or exemptions, but which have not yet been built.
C. Multi-year development allotment. The city council may grant a development allotment for
proposed development that requests development allotments which would be available in future
years, if in each subsequent year the annual allotment provided for in Section 8-203.A shall be
reduced by the amount of development allotment permitted by the approval. In order to be eligible
for the award of allotments from future years under this section, it shall be necessary to
demonstrate all of the following:
1. The quality of the proposed development substantially exceeds tha~ established in the
minim~ml threshold for the scoring established in Section 8-206.E, by receiving sixty-seven
(67) pement of the points cumulatively available at the time of its scoring by the commission.
2. The site design of the proposed development makes construction phasing infeasible. This
requires but is not limited to a demonstration that economies of scale will result from
construction occurring at once; the proposed development is intended as a single building
which cannot easily be constructed or operated in phases; and the public facility investments
for the proposed development such as roads, water and sewer facilities, must all be installed at
the initiation of the project, making phasing economically unrealistic.
3. The impacts of construction of the proposed development on the surrounding neighborhood
will be,reduced by construction at one time rather than phasing over two or mom construction
periods, and such impacts can be tolerated by the city.
4. The city is capable of absorbing the accelerated rate at which impacts on its services and
public facilities will be experienced. It shall be considered sufficient evidence of service and
public facility availability if it can be demonstrated that sufficient capacity is available hi the
following public facilities to accommodate the city's planned rate of growth and the
accelerated rate due to the proposed development: Transportation (including airport, roads,
transit and parking), utilities (including water, sewer, electric, gas and drainage), affordable
housing, park and recreation facilities, solid waste facilities, police and fire protection
facilities, hospitals and schools.
5. It can be demonstrated that granting allotments from future years will be in support of the goal
· of community balance.
D. Annual development allotment determined. Prior to the award of allotments by city council, the
Community Development Director shall determine the actual development allotment available for
allocation in that year, using the following procedure:
1. The annual development allotment shall by established pursuant to Section 8-203.A.
30
2. Any excess development allotments awarded during prior years pursuant to Section 8-203.B
shall be deducted fi.om the annual development allotment, if applicable.
3. Any development allotments which the city council shall have carried over pursuant to
Section 8-203.B.3 shall be added to the annual development allotment, if applicable.
Any phased development allotments which the city council shall have awarded pursuant to
Section 8-203.C shall be deducted fi.om the annual development allotment, if applicable.
5. Any commercial or office square footage exempted pursuant to Section 8-204 and for which
building permits have been issued shall be deducted fi'om (if for construction) or added to (if
for demolition) the annual development allotment, if applicable.
6. Any development allotments which have been awarded in the previous year pursuant to
Section 8-203.E shall be deducted fi.om the annual development allotment, if applicable.
7. Any development allotments which have expired pursuant to Section 8-208 shall be added to
the annual development allotment, if applicable.
E. Minimum development allotment available in a year.
1. The development allotment determined in any given year shall never be less than thirty (30)
percent of the annual development allotment provided for in Section 8-203.A. If, as a result of
development exempted pursuant to Section 8-4 that is deducted fi.om the annual development
allotment there shall be less than thirty (30) percent of the annual development allotments
available, then thirty (30) percent of the annual development allotment shall be made
available.
2. Any development allotments made available and awarded pursuant to this section shall be
deducted fi'om the allotment available in the next year.
(Ord. No. 7-1989, § 3; Ord. No. 21-1989, § 1)
SEC. 8-204. EXEMPTIONS
The following development shall be exempted fi.om the terms of Division 2 of this article by the following
decision-making entities.
A. Exemption by Community Development Director.
1. General. Development which the Community Development Director shall exempt shall be as
follows:
a. Remodeling, restoration, or reconstruction of existing building.
(1) The remodeling, restoration or reconstruction of an existing commercial, lodge or
multi-family building or the addition of a trellis structure to a commercial restaurant
use which does not expand commercial or office floor area or create additional ~
dwelling, hotel or lodge units or involve a change of use. No bandit unit shafl be
remodeled, restored or reconstructed unless it has first been legalized pursuant to
section 5-510. To obtain approval to reconstruct demolished commercial or office
floor area, the applicant shall demonstrate that affordable housing and parking is
provided for the reconstructed floor area as if it were newly constructed space. When
31
a txellis structure is proposed within an open space area, it shall be demonstrated that
the structure: a) is not enclosed by walls, screens, windows or other enclosures; and
b) shall maintain 50% of the overhead structure open to the sky; and c) is designed
and maintained so that snow does not accumulate to form a closed roof4ike cover.
(2) An applicant may propose to demolish and then delay reconstruction. The applicant
shall verify, by a letter submitted to and approved by the Community Development
Director, the number of existing legal units on the property prior to demolition and
shall agree that reconstruction will be pursuant to the terms of this section.
Reconstruction shall occur w~hin five (5) years of demolifi0n, unless an extension of
this deadline is granted by the city council for good cause. Any building which is
demolished shall be limited to reconstruction on the same parcel or on a contiguous
parcel owned by the applicant, unless it is determined that reconstruction shall be
permitted off-site pursuant to Section 5-703.
(3) A structure included on the. inventory of historic structures which is neither an historic
landmark nor located within an Historic Overlay District may be removed from a
property and relocated elsewhere within the City of Aspen and need not be
demolished in order for its reconstmcfiun on its original site to be exempted from the
terms of Division 2 of this article, provided that the structure is designated as an
historic landmark in its new location and all necessary development approvals are
obtained from HPC and the commission.
(4) Replacement of demolished multi-family, residential units shall be subject to the
requirements of the Housing Replacement Program.
(5) The remodeling, restoration or expansion of existing single-family or duplex
dwellings.
b. Historic landmark.
(1) The enlargement of an historic landmark intended to be used as a commereial or
office development which does not increase either the building's existing floor area
ratio or its net leasable square footage; or
(2) The enlargement of an historic landmark intended to be used as a commercial or
office development which increases either the building's existing floor area ratio or its
net leasable square footage, but does not increase both; or
(3) The change of use of an historic landmark which does not increase the buildmg's
existing floor area ratio.
Enlargement or change of use which occurs in phases shall not exceed these limits on a
maximum cumulative basis.
c. F~rpansion of commercial or office uses. The expansion of an existing commercial or
office use in a building which does not increase its net leasable square footage.
d.. All development not limited AlldevelopmentnotlimitedbytheprovisionofsectionS-
203.A.
32
2. Procedure. Before any development can be considered for an exemption fi.om the
requirements of this section by the Community Development Director, an application for a
building permit shall be submitted pursuant to Section 6-206. In addition to these general
requirements, if the application requests an exemption for delayed reconstruction pursuant to
section 8-204.A.l.a.(2), an improvements survey of the structure shall also be submitted for
verification by the Community Development staff prior to any demolition taking place. The
application shall be approved if it meets the standards of section 8-204.A.1
B. Exemption by commission.
1.~ General. Developmentwhichmaybeexemptedbythecommissionshallbeasfollows:
Expansion of commercial or office uses. The expansion of an existing commercial or
office building by not more than five hundred (500) net leasable square feet, excluding
employee housing, if it is demonstrated that the expansion will have minimal impact upon
the city. A determination of minimal impact shall require a demonstration that a minimal
number of additional employees will be generated by the expansion, and that employee
housing will be provided for the additional employees generated; that a minimal amount
of additional parking spaces will be demanded by the expansion and that parking will be
provided; that there will be minimal visual impact on the neighborhood fi.om the
expansion; and that minimal demand will be placed on the city's public facilities fi.om the
expansion. Expansion of a building which occurs in phases shall be limited to a maximum
cumulative total of five hundred (500) net leasable square feet and shall be evaluated in
terms of the cumulative impact of the entire expansion.
b. Change in use. Any change in use of an existing structure between the residential,
commercial/office and tourist accommodations categories for which a certificate of
occupancy has been issued for at least two (2) years and which is intended to be reused,
provided that it can be demonstrated that the change in use will have minimal impact
upon the city. A determination of minimal impact shall require a demonstration that a
minimal number of additional employees will be generated by the change in use and that
employee housing will be provided for the additional employees generated; that a
minimal amount of additional parking spaces will be demanded by the change in use and
that par ~king will be provided; that there will be minimal visual impact on the
neighborhood fi.om the change in use; and that minimal demand will be placed on the
city's public facilities fi.om the change in use.
c. Historic landmark. The enlargement of an historic landmark to be used as a commemial or
office development which increases the building's existing floor area ratio and its net
leasable square footage or the enlargement of an historic landmark for mixed-use as a
commercial or office development and which adds a residential dwelling unit, which
increases the building's or parcel's existing floor area ratio and its net leasable square
footage.
The applicant shall demonstrate that as a result of the development, mitigation of the
project's community impacts will be addressed as follows:
(1) For an enlargement at the maximum floor area permitted under the external floor area
ratio for the applicable zone district (excluding any bonus floor area permitted by
special review), the applicant shall provide affordable housing at one hundred (100)
percent of the level which would meet the threshold requh'ed in Section 8-206.E.3 fur
33
the applicable use. For each one (1) percent reduction ia floor area below the
maximum permitted under the external floor area ratio for the applicable zone district
(excluding any bonus floor area permitted by special review), the affordable housing
requirement shall be reduced by one (1) percent.
The applicant shall place a restriction on the property, to the satisfaction of the city
attorney, requiring that if, in the future, additional floor area is requested, the owner
shall provide affordable housing impact mitigation at the then current standards.
Any affordable housing provided by the applicant shall be restricted to the housing
designee's Category 3 price and income guidelines as set forth in the Affordable
Housing Guidelines established by the Aspen/Pitldn County Housing Authority.
(2) Parking shall be provided according to the standards of Article 5, Division 2 and
Division 3, ifHPC determines that it can be provided on the site's surface and be
consistent with the review standards of Article 7, Division 6. Any parking which
cannot be located on-site and which would therefore be required to be provided via a
cash-ia-lieu payment shall be waived.
(3) The development's water supply, sewage treatment, solid waste disposal, drainage
control, transportation and fire protection impacts shall be mitigated to the
satisfaction of the commission.
(4) The compatibility of the project's site design with surrounding projects and its
appropriateness for the site shall be demonstrated, including but not limited to
consideration of the quality and character of proposed landscaping and open space,
the amount of site coverage by buildings, any amenities provided for users and
residents of the site, and the efficiency and effectiveness of the service delivery area.
2. Procedure. Before any proposed development can be considered for an exemption by the
commission fi-om the requirements of Division 2 of this article, an application for exemption
shall be submitted to the Community Development Director. After a determination of
completeness pursuant to Section 6-204, the application shall be forwarded to the commission
for review and consideration at a hearing. The commission shall grant the exemption if the
application meets the standards of Section 8-204.B
C. Eccemp~ion by city council
1. General. Development which may be exempted by the city council shall be as follows.
a. Construction of essent~'al public facilit~es.
(1) Except for housing, development shall be considered an essential public facility if it
serves an essential public purpose, provides facilities ia response to the demands of
growth, is not itself a growth generator, is available for use by the general public, and
serves the needs of the city. It shall also be taken into consideration whether the
development is a not-for-profit venture. This exemption shall not be applied to
commercial development.
(2) A development applicant shall demonstrate that the impacts of the essential public
facility will be mitigated, including those associated with the generation of additional
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employees, the demand for parking, road and transit services, and the need for basic
services including but not limited to water supply, sewage treatment, drainage control,
fire and police protection, and solid waste disposal. It shall also be demonstrated that
the proposed development has a negligible adverse impact on the city's air, water,
land and energy resources, and is visually compatible with surrounding areas.
(3) Notwithstanding the criteria as set forth in paragraphs ri) and (ii) above, the city
council may determine upon application that development associated with a nonprofit
entity qualifies as an essential public facility and may exempt such development fi-om
the GMQS and fi-om some or all such mitigation requirements as it deems appropriate
and warranted.
b. Affordable housing. All housing deed restricted in accordance with the housing guidelines
of the city council and its housing designee.
The review of any request for exemption of housing pursuant to this section shall include
a determination of the city's need for such housing, considering the proposed
development's compliance with an adopted housing plan, the number of dwelling units
proposed and their location, the type of dwelling units proposed, specifically regarding
the number of bedrooms in each unit, the size of the dwelling unit, the rental/sale mix of
the proposed development, and the proposed price categories to which the dwelling units
are to be deed restricted.
c. Accessory uses in mixed use development. Development of accessory uses in a mixed use
development, when the following conditions are met:
(1) The proposed development consists of a building or buildings designed as an
integrated whole which contains uses requiting the submission of development
applications for an allotment in more than one of the categories of Section 8-203.A.
(2) The building or buildings are designed in a manner so that separate review of its
components would be redundant or would hinder comprehensive review of its
interrelated parts.
(3) There is one use of the property which is the principal use and any other uses are
accessory to, in support of and necessary for the principal use.
(4) In conjunction with the application for exemption, an application is submitted
pursuant to Section 8-206 which receives a development allotment for the principal
use.
(5) The impacts of the accessory use on public facilities and affordable housing are
mitigated by an agreement to provide the necessary public facilities and affordable
housing at a level which would meet the threshold required in Section 8-206 for the
accessory use.
(6) The site design and architecture of the accessory use is evaluated in conjunction with
the review of the development application for the principal use pursuant to Section 8-
206.
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d. Affordable housing zone district. The development of no more than fourteen (14) free
market dwelling units for entire city in one calendar year.
2. Procedure. Before any proposed development can be considered for exemption by the city
council, an application for exemption shall be submitted to the Commmfity Development
Director. After a determination of completeness pursuant to Section 6-204, the application
shall be forwarded to the commission for review and recommendation at a heating, and then to
the city council for review and approval, approval with conditions or disapproval at a hearing,
except for an application for a lot split, which need only be forwarded to the city council and
not the commission, but which shall require a public hearing. The city council shall grant the
exemption if the application meets the standards of Section 8-204.C. 1.
(Ord. No. 47-1988, §§ 1 I, 12; Ord. No. 6-1989, § 10; Ord. No. 16-1989, §§ 1, 2; Ord. No. 27-
1989, § 1; Ord. No. 59-1989, § 2; Ord. No. 1-1990, § 2; Ord. No. 60-1990, § 4; Ord. No. 13-
1991, § 4; Ord. No. 60-1992, §2).
SEC. 8-205. RULES OF GENERAL APPLICABILITY
A. Number of development applica~ons. No more than one development application for any parcel
shall be considered in one year, unless each development application is submitted for an allotment
in a different category of Section 8-203.A.
B. Multi-site development applications. For any proposed development that shall be located on two
(2) or more parcels, the points awarded to each shall be weighted as to the number of units or the
amount of commereial/office square footage to be constructed on each parcel and a weighted value
calculated for the points in each category.
C. Consolidated applications. Development applications for any development activity which is
consolidated with a development application for allotment shall only receive final approval to the
extent to which the project obtains necessary development allotments.
D. Identicalpoint totals. In the event two (2) development applications have received identical point
totals, and one must be approved to the exclusion of the other because of insufficient allotments,
the commission shall reconsider the tying projects and apply the following criteria, in sequence,
until the fie is broken:
1. That project wlaich received the higher point total in the greatest number of scoring categories
shall be considered first in eligibility for an allotment.
2. That project which was awarded the greatest number of points for quality of design shall be
considered first in eligibility for an allotment.
3~ That project which was awarded the greatest number of points for availability of services shall
be considered first in eligibility for an allotment.
E. Assignability and transferability. Development allotments shall not be assignable or ttansferable
independent of the conveyance of the real property on which t~e d6velopment allotment has been
approved.
F. HPC conceptual approval. In the event historic preservation committee (HI?C) approval is needed
for any proposed project, the committee's conceptual approval must be secured prior to submitting
an application for a development allotment. The applicant shall be required to secure final
36
approval of the project from the committee prior to submission of an application for a building
permit: (Ord. No. 6-1989, § 10)
SEC. 8-206. PROCEDURE AND STANDARDS FOR DEVELOPMENT ALLOTMENT
A. Annual submission dates. A development application for a commercial or office development
allotment for the following types of development shall be submitted to the Commn~ity
Development Director pursuant to Common Procedures, Article 6, Division 2, on or before
September 15.
B. Application contents. A development application shall consist of twenty-one (21) copies of the
following information:
1. The general application information required in Section 6-202.
2. A written description of the proposed development including statements abont:
a. How the proposed development shall be connected to the public water system, including
information on main size and pressure; the excess capacity available in the public water
system; the location of the nearest main; and the estimated water demand of the proposed
development.
b. How the proposed development shall be connected to the public sewage treatment system;
the access capacity available in the public sewage treatment system; the nearest location
to the building site of a trunk or connecting sewer line; and the expected sewage treatment
demand of the proposed development:
c. The type of drainage system proposed to handle surface, underground and runoff waters
from the proposed development, and the effect of the development on historic drainage
patterns.
d. The type of fire protection systems to be used, (such as hydrants, sprinklers, wet
standpipes, etc.); and the distance to the nearest fire station and its average response time.
e. The total development area of the proposed development; the type of housing or
development proposed; total number of units and bedrooms, including employee housing;
and a tabular analysis outlining the proposed development's compliance with the
dimensional and use requirements of this chapter
f. The estimated traffic count increase on adjacent streets resulting from the proposed
development; a description of the type and condition of roads to serve the proposed
development; the total number of vehicles expected to use or be stationed in such
development; the hours of principal daily use on adjacent roads; the on- and off-site
parking to be supplied to the proposed development; location of alternate transit (bus
route, bike paths, etc.); any automobil~ disincentive techniques incorporated in the
proposed development; whether~roads or parking areas will be paved; and methods to be
used for snow and ice removal on streets and parking lots.
g. The method by which affordable housing will be provided, in conformance with the
provisions of Section 8-209, and a description of the type and amount of such housing to
be provided.
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h. The type of stoves and fireplaces to be installed, including those using wood, coal, gas or
other fuels, the number of such stoves and fireplaces, and any emission control devices
used on the stoves or fireplaces.
i. The location of the proposed development relative to proposed or existing parks,'
playgrounds, schools, hospitals, airports, mass transit systems, and the estimated
increased usage of such facilities by the proposed development.
j. The location of the proposed development relative to existing and prOposed retail and
service outlets, and the estimated increased demand on such outlets from the proposed
development. This does not apply for a development application for commercial/office
development.
k. The effect of the proposed development on adjacent land uses.
1. The construction schedule for the proposed development, including, if applicable, a
schedule for phasing constrnction.
3. A site utilization map including:
a. Preliminary architectural drawings in sufficient detail to show building size, height,
materials, insulation, fireplaces, stoves, solar energy devices (demonstrating energy
conservation or solar energy utilization features), type of units, internal configuration of
principal, accessory and other spaces, and location of all buildings (existing and
proposed) on the site.
b. Proposed landscaping, screening, attempts at preserving natural terrain and open space,
amenities to be provided on-site, and proposed underground utilities.
c. Motor vehicle circulation, parking, bus and transit stops, and improvements proposed to
insure privacy from such areas.
d. Any major street or roads, pathways, foot, bicycle or equestrian trails, and greenbelts.
e. A general description and location of surrounding existing land uses, and an identification
of the zone district boundary lines, if applicable.
C. RESERVE/:)
D. Deve~pment rev~ew pr~cedure. A deve~pment app~icati~n f~r a deve~pment al~tment sha~ be
reviewed pursuant to Common Procedures, Article 6, Division 2. After review for completeness
and a recommendation for scoring by the Community Development Director, the application shall
be scored by the commission at a public hearing and then the scores shall be fonvarded to city
council for their allocation of development allotments at a hearing. An applicant shall only amend
an incomplete application to, .make technical corrections or clarifications, and the application shall
be scored by the commitssion.
E. Commercial and office development standards. A development application requesting
development allotments for commercial and office development shall be assigned points by the
commission pursuant to the following standards and point schedules:
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1. Quality of design (maximum 18points). Each development application shall be rated based on
the quality of the exterior of its buildings and site design and assigned points according to the
following standards and considerations:
0--A totally deficient design;
1--A major design flaw;
2--An acceptable (but standard) design; or
3--An excellent design.
The following features shall be rated accordingly:
a. Architectural design (maximum 3 points). Considering the compatibility of the proposed
development (in terms of scale, siting, massing, height, and building materials) with
existing neighboring developments.
b. Site design (maximum 3 points). Considering the quality and character of the proposed
landscaping and open space areas, the mount of site coverage by buildings, the extent of
underground utilities, and the arrangement of improvements for efficiency of circulation,
including access for service, increased safety and privacy, and provision of snow storage
areas.
c. Energy conservation (maximum 3points). Considering the use of passive and/or active
energy conservation techniques in the construction of the proposed development,
including but not limited to insulation, glazing, passive solar orientation, efficient heating
and cooling systems and solar energy devices; the extent to which the proposed
development avoids wasting energy by excluding excessive lighting and inefficient
woodbuming devices; and the proposed development's location, relative to whether solar
gain can be expected to reasonably result in energy conservation.
d. Amenities (maximum 3 points). Considering the provisiun of usable open space, pedestrian
and bicycle ways, benches, bicycle racks, bus shelters, and other common areas for users
of the proposed development.
e. Visual impact (maximum 3 points). Considering the scale and location of the buildings in
the proposed development to prevent infringement on designated scenic viewplanes.
f. Trash and utility access areas (maximum 3 points). Considering the extent to which
required trash and utility access areas are screened fi.om public view; are sized to meet the
needs of the proposed development and to provide for public utility placement; can be
easily accessed; allow trash bins to be moved by service personnel, and provide enclosed
trash bins, trash compaction Or other unique measures.
2. ~vai[ability of public facilities and services (maximum l O points). Each development
application shall be rated on the basis of its impact upon public facilities and services by the
assigning of points according to the following standards and considerations:
O--Proposed development requires the provision of new public facilities and servmes at
increased public expense;
39
1--Proposed development may be handled by existing public facilities and services, or any
l~ublic facility or service improvements made by the applicant benefits the proposed
development only, and not the area in general; or
2--Proposed development improves the availability of public facilities and services in the
In those cases where points are given for the simultaneous evaluation of two (2) services (i.e.,
water supply and fire protection) the determination of points shall be made by averaging the
scores for each feature.
Y/ater supply/fire protection (maximum 2points). Considering the ability of the water
supply system to serve the proposed development and the applicant's commitment to
install any water system extensions or treatment plant or other facility upgrading required
to serve the proposed development. Fire protection facilities and services shall also be
reviewed, considering the ability of the appropriate fire protection district to provide
services according to established response times without the necessity of upgrading
available facilities; the adequacy of available water pressure and capacity for providing
fire fighting flows; and the commitment of the applicant to provide any fire protection
facilities which may be necessary to serve the proposed development
b. Sanitary sewer (maximum 2 points). Considering the ability of the sanitary sewer system
to serve the proposed development and the applicant's commitment to install any sanitary
system extensions or treatment plant or other facility upgrading required to serve the
proposed development.
c. Public transportation/roads (maximum 2 points). Considering the ability of the proposed
development to be served by existing public transit routes. The review shall also consider
the capacity of major s~eets to serve the proposed development without substantially
altering existing traffic patterns, creating safety hazards or maintenance problems,
overloading the existing street system or causing a need to extend the existing road
network and consider the applicant's commitment to install the necessary road system
improvements to serve the increased usage attributable to the proposed development.
d. Storm drainage (maximum 2 points). Considering the degree to which the applicant
proposes to maintain historic drainage patterns on the development site. If the
development requires use of the city's drainage system, the review shall consider the
commitment by the applicant to install the necessary drainage control facilities and to
maintain the system over the long-term.
e. Parking (maximum 2points). Considering the provisions of parking spaces to meet the
commercial and~or residential needs of the proposed development as required by Article
5, Division 2, and considering the design of the parking spaces with respect to their visual
impact, amount of paved surface, and convenience and safety.
3. Provision of affordable housing (maximum l5 points).
a. General. Each development application shall be assigned points for the provision of
housing which complies with the housing size, type, income and occupancy guidelines of
the city, and with the provisions of Section 8-209.
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b. Assignment ofpoints. Points shall be assigned as follows:
(1) Zero (0) to sixty (60) percent of the additional employees generated by die proposed
development: One (1) point for each six (6) percent housed;
(2) Sixty-one (61) to one hundred (100) percent of the additional employees generated by
the proposed development: One (1) point for each eight (8) percent housed.
The following standard shall be used in calculating the number of full-thne equivalent
employees generated by the proposed development:
Commercial Core (CC)
and Commercial (C-1): 3.50 to 5.25 employees/l,000 sq. ft. (net
leasable), based on review of the city council's
housing designee;
Neighborhood Commercial (NC) &
Service/Commer/Industrial (S/C/I): 2.30 employees/I,000 sq. ft. (net
leasable);
Office (O): 3.00 employees/l,000 square feet (net
leasable);
Commercial Lodge (CL) and other: 3.50 employees/i,000 sq. ft. net
leasable).
If it is determined that the proposed development generates no new employees, it shall be
awarded the full fifteen (15) points available within this section.
In order to determine the percentage of employees generated by the proposed
development who are provided with housing, the commission shall use the following
criteria:
Studio: 1.25 residents;
One-bedroom: 1.75 residents
Two-bedroom: 2.25 residents;
Three-bedroom or larger: 3.00 residents;
Dormitory: 1.00 resident per 150 per square feet of unit space.
4. Bonus points (maximum 4 points). Bonus points may be assigned when it is determined that a
proposed development has not only met the substantive standards of Section 8-206.E. i
through 8-206.E.3), but has also exceeded the provisions of these sections and achieved an
outstanding overall design meriting recognition. An award of additional bonus points shall not
exceed ten (10) percent of the total points awarded under Section 8-206.E. 1 through 8-
206.E.3. Any commission member awarding bonus points shall provide a written justification
of that award for the public hearing record.
5. Competitive thresholds. A development application for a commercial or office allotment shall
be required to meet all of the following thresholds to be eligible for an allocation:
41
a. The proposed development shall be required to receive a minimum of sixty (60) pement of
the total points available under Section 8-206.E. I and 8-206.E.2; and
b. The proposed development shall be required to receive a minimum of forty (40) percent of
the points available under each of Section 8-206.E. 1 and 8-206.E.2; and
c. The proposed development shall be required to provide affordable deed restricted housing
(according to the standards of Section 8-209) for a minimum of sixty (60) percent of the
employees generated by the proposed development using the standards of Section 8-
206.E.3.
F. Ranking formula. Development applications for development allotments shall be recommended
for the award of development allotments in accordance with the following ranking formula.
1. Each commission member voting on the development application shall identify the number of
points assigned to the project.
2. The total number of points awarded to the project, divided by the number of members voting,
shall constitute the project's average score.
3. The projects shall be ranked aCcording to the average points each shall have received, highest
to lowest.
4. The ranking of the development applications shall then be forwarded to the city council.
G. Challenges.
1. Upon receipt of the commission's ranking of the development applicatiuns, the city council
shall consider any challenges by an applicant. The city council review of a challenge shall be
limited to determining whether there is a denial of due process or abuse of discretion by the
commission in its scoring. Any challenges must be filed by the applicant within fourteen (14)
days of the public hearing by the commission scoring and ranking the development
application.
2. In reviewing a challenge, the city council shall consider the development applications based
on the record established by the commission. The city council shall affirm the scoring of the
commission, unless it determines that there was a denial of due process or abuse of discretion
by the commission in its scoring, in which case the city council shall take such action as it
shall deem necessary to remedy the commission's action. Remedies available to city council
shall include, but not be limited to amending the number of points axvarded to any protesting
applicant or remanding the development application to the commission for rescoring.
H. Allocation. Subsequent to the conclusion of all protest hearings, the city, council shall, by
resolution, allocate development allotments among eligible applicants who shall have met the
minimmn threshold established in Section 8-206.E in the order of priority established by their
rank. Those applicants having received allotments may proceed to apply for any further
development approvals required by this chapter or any other regulations of the city. Those
development applications which have not met the minimum threshold established in Section 8-
206.E shall be considered denied.
SEC. 8-207. AMENDMENT OF DEVELOPMENT ORDER
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2. Site drawings prepared with the equivalent level of detail to those submitted with the original
application depicting the architecture, site design, proposed landscaping, building locations,
and utility, mad and parking installations as originally approved and as proposed for
amendment.
3. That information required in Common Procedures, Section 6-202.
E. Standards. In determining whether or not to grant an amendment, the commission and city council
shall compare the scores awarded by the commission to the approval and the proposed amended
development. The development allotment shall be amended if it shall be found that the score in
each category (that is the total score awarded under the public facility and service category, the
quality of design category, the affordable housing category and other applicable categories)
awarded to the amended project is equal to or greater than that awarded to the approval
development.
SEC. 8-208. EXPIRATION OF DEVELOPMENT ORDER
A. Developments which have been awarded allotments under the provisions of this growth
management quota system shall be considered to have complied with the requirements of approval
of a site specific development plan, as defined herein, on the date of approval of the project% final
subdivision, planned unit development (PUD), specially planned area (SPA), or other
development approval, whichever is the latest date. Development allotments and all other
development approvals shall expire on the day after the third anniversary of this date, unless a
building permit is obtained and the project is developed, or unless an exemption fi:om or extension
of the approval is obtained, as provided for below.
1. Developments of any type other than a subdivision composed of detached residential or
duplex units shall be eligible for extension of these expiration provisions. To obtain an
extension, an application for extension shall be submitted prior to the third anniversary of the
date of approval of a site specific development plan which shall demonstrate to the
satisfaction of city council that:
a. Those conditions applied to the project at the time of its final approval which were to have.
been met as of the date of application for exemption have been complied with; and
b. Any improvements which were required to be installed by the applicant prior to
construction of the project have been installed; and
c. The project has been diligently pursued in all reasonable respects, and the extension is in
the best interests of the community.
2. An exemption fi:om these expiration provisions which is granted to a project shall have no
time limit. An extension of these expiration provisions which is granted to a project shall be
for a period not to exceed six (6) months. Additional extensions shall require repetition of the
extension procedures.
SEC. 8-209. AFFORDABLE HOUSING
The following provisions shall apply to all low, moderate and middle income housing units proposed in
conformance with the requirements of Division 2 of Article 8 (and to all such units restricted pursuant to
former Section 24-11.10 of the Aspen Municipal Code).
44
A development order approving a development allotment pursuant to the requirements of Division 2 of
this article shall only be amended pursuant to the following provisions. An amendment is any request to
change an element of the development order or any substantial change to a condition or representation of
the original development order.
A. Exception. The following activities shall be exempt fi-om these amendment procedures, provided
they are reviewed and approved by the Community Development Director prior to construction.
1. Any change required to be made to a development order to respond to conditions imposed
upon the proposed development by the commission or the city council during the review of
: other development applications relevant to the proposed development.
2. Any insubstantial modification to the development order, which shall be limited to technical
or engineering considerations first discovered during actual development which could not
reasonably be anticipated during the review process, or any other minor change which the
Comnmmity Development Director finds has no effect on the conditions and representations
made during the original project review.
B. Prohibition. The following activities shall be prohibited fi.om the amendment~
1. Any change which is proposed to a development application prior to its receipt of a
development order. A development application which has not yet received a development
order shall only be amended for purposes of clarification or technical correction.
2. Any proposal which wo, uld change the use of the proposed development between residential,
commemial or lodge.
3. Any proposal which the city council determines to be inappropriate by finding that it renders
the proposal a new application, and not an amendment, or by finding it to be inconsistent with
any action taken during the original project review.
C. Procedure. The procedure for review of a development application for amendment is as follows. A
development application for amendment shall be submitted to the Comm~mity Development
Director and reviewed for completeness pursuant to Common Procedures, Article 6, Division 2.
Upon a determination of completeness, the application shall be reviewed by the commission at a
public hearing noticed pursuant to Section 6-205(E)(3)(a) through (c). Following the close of the
public hearing, the commission shall accept the recommendation for rescoring, or shall re-score
the application itself, shall consider whether conditions should apply or if may of the proposed
activities are prohibited, and shall forward its action to city council. The city council shall
consider any challenges by the applicant, and following the review of challenges the council shall
affmn the allotment to the proposed amendment, with any conditions which may apply, or shall
deny the amendment, in which case the original allotment shall stand.
D. Application contents. Applicants for amendments to approved projects shall be required to submit
a complete application consisting of the following materials:
1. A written description of the. proposed amendment, including a category-by-category
evaluation of whether the proposed development will continue to meet or is proposing to
change its previous commitments.
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A. Credit shall only be provided for those dwelling units that meet the housing size, type, income and
occupancy guidelines or approval of the city council and its housing designee. Applicants are
encouraged to engage in a pre-application conference with the city's housing designee to obtain
guidance as to the current guidelines and how they are to be applied.
B. Should an applicant propose a unit which is larger than provided for by 'the city's housing
guidelines, then its rental or sales price shall be no greater than that allowable had the housing unit
complied with those size limitations.
C. When there is an agreement to restrict only a portion of a development to low, moderate or middle
income housing and the portion restricted is located adjacent to an unrestricted portion, to be
eligible for points within the provisions of this section, the adjacent portions shall be constructed
of the building materials of similar quality and with a compatible exterior architectural style.
D. Affordable housing may be provided on the same site or on an alternate site as the proposed
development, provided that credit shall only be given for dwelling units located within the City of
Aspen or the Aspen Metro Area, as this area is currently defined by the Aspen/Pitkin County
Growth Management Policy Plan. Applicants proposing to provide employee housing on an
alternative site shall be required to demonstrate its feasibility through demonstrating that they
have an interest in the property or dwelling units, and by specifying the size and type of units to
be provided and any physical upgrade to be accomplished.
E. A floor area ratio bonus shall only be obtained pursuant to Article 5, Division 2 by providing
employee housing on the site of the proposed development and not on an alternate site or by
payment of an employee housing dedication fee.
F. Commemial developments shall not be restricted to housing employees of their own business, but
shall also be permitted to house qualified employees of the community at large. It should be
anticipated that the housing units proposed will be required to be restricted to the city's low
income price and occupancy guidelines. Provided, however, that at the time the applicant requests
growth management exemption pursuant to Section 8-204, the city council's housing designee will
review the current community need for housing, evaluate the affordability of the units to
employees and recommend to the commission the appropriate price and occupancy category to
which the units should be restricted.
G. Should a proposed development canse the displacement of housing units which are currently deed
restricted to employee housing guidelines, then the applicant shall only receive credit for housing
for the net number of employees to be housed by the proposed development, reflecting the number
to be housed in the new units minus those housed in the existing units, rather than for housing the
gross number of employees housed in the new units.
H. The deed restrictions created to obtain credit for affordable housing may be amended by
agreement between the property owner and the city council upon the recommendation of the
commission.
I. Credit may be obtained for providing affordable housing by any of the following methods, or
combination of methods.
1. Production of new dwelling units which are deed restricted in perpetuity to rental and sale
price terms within the housing price and occupancy guidelines approved by the city council's
housing designee and adopted by the Aspen City Council.
45
2. Conversion of existing dwelling units which are not restricted to Aspen's housing guidelines
to deed restricted status by placing a deed restriction upon them in perpetuity to rental and
sale price terms within the housing price and occupancy guidelines approved by the city
council's housing designee and adopted by the Aspen City Council.
3. Payment of an affordable housing dedication fee, based on the formula for such fees identified
within the guidelines approved by the city council's housing designee and adopted by the
Aspen City Council. Payment shall be made to the City of Aspen prior to, and on a
proportional basis to the issuance of any building permits for the non-deed-restricted dwelling
units and/or commercial square footage of the proposed development. Applicants may choose
: to prepay the affordable housing dedication fee prior to the issuance of any building permits
for the project and receive a discount on the fee, based on the present value index included
within the guidelines approved by the city council's housing designee and adopted by the
Aspen City Council. Approval of the present value discount shall be at the option of the city
council's housing designee and thc city council.
J. Approval of the method by which thc applicant proposes to provide affordable housing shall be at
the option of thc Aspen City Council, upon the recommendation of the commission. In evaluating
the applicant's proposal, the advice of the city's housing designee shall be sought in considering
the following factors:
1. Whether the city has an adopted plan to develop affordable housing with monies received
from payment of affordable housing dedication fees.
2. Whether the city has an adopted plan identifying the applicant's site as being appropriate for
affordable housing.
3. Whether the applicant's site is well suited for the development of affordable housing, taking
into account the availability of services, proximity to employment opportunities and whether
the site is affected by environmental constraints to development or historic preservation
concerns.
4. Whether the method proposed will result in employee housing being produced prior to or at
the time the impacts of the development will be experienced by the community.
5. Whether the development itself requires the provision of affordable housing on-site to meet its
service needs.
If the council does not approve the method by which the applicant proposes to provide
affordable housing, the applicant shall be provided with direction as to which other method or
methods would be preferable.
(Ord. No. 47-1988, § 4)
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DIVISION 6. GROWTH MANAGEMENT COMMISSION
Sec. 4-6010. Purpose.
The Growth Management Commission is established for the purpose of implementing the Aspen Area
Growth Management Quota System, and more specifically to:
A. to implement the adopted philosophies and policies of the Aspen Area Cotntnunity Plan;
B. to ensure orderly and efficient growth throughout the Aspen metro area;
C. to ensure that new growth and development is designed and constructed to maintain the character
and ambience of the Aspen metro area;
D. to ensure an adequate supply of housing, businesses and events that serve the local, permanent
community and the area's tourist base;
E. to review and score residential and tourist accommodations development applications in
accordance with the procedures and standards of Secs. 801-VI and 801-VIII; and
F. to ensure that growth does not over-extand the community's ability to provide support services,
including, but not limited to, employee housing, traffic control and parking.
Sec. 4-6011. Composition.
The Growth Management Commission shall be comprised of all members of the Aspen Planning and
Zoning Commission and the Pitkin County Plaurfing and Zoning Commission.
Sec. 4-6012. Staff.
The community development office shall serve as the professional staff of the Growth Management
Commission.
Sec. 4-6013. Quorum.
A quorum of the Growth Management Commission shall be comprised of at least four members of the
Aspen Planning and Zoning. Commission and at least four members of the Pitkin County Planning Zoning
and Commission. No meeting of the Growth Management Commission shall be called to order without a
quorum and no meeting at which less than a quorum is present shall conduct any business other than to
continue posted agenda items to a date certain. All actions shall require the concurring vote of a simple
majority of the members then present and voting.
Sec. 4-6014. Meetings, hearings and procedures.
Meetings of the Growth Management Commission shall be called as needed by the chair of the Growth
Management Commission or by a majority of its members. All meetings and hearings of the Growth
Management Commission shall be open to the public and set for a date and time certain.