HomeMy WebLinkAboutagenda.apz.20021126 AGENDA
ASPEN PLANNING & ZONING COMMISSION
SPECIAL MEETING
TUESDAY, NOVEMBER 26, 2002
4:30 PM
SISTER CITIES ROOM
I. COMMENTS
A. Commissioners
Planning Staff
C. Public
II. MINUTES
III. DECLARATION OF CONFLICTS OF INTEREST
IV. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS
A. INFILL LAND USE CODE AMENDMENTS, Chris Bendon,
continued from November 19th
V. BOARD REPORTS
VI. ADJOURN
AGENDA
ASPEN PLANNING & ZONING COMMISSION
SPECIAL MEETING
TUESDAY, NOVEMBER 26, 2002
4:30 PM
SISTER CITIES ROOM
I. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
II. MINUTES (OCT"'# 2 - 9 1 00
III. DECLARATION OF CONFLICTS OF INTEREST
IV. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS
A. INFILL LAND USE CODE AMENDMENTS, Chris Bendon,
continued from November 19th
V. BOARD REPORTS
VI. ADJOURN
Exhibit
Proposed Growth
Chapter 26.470 Management
GROWTH MANAGEMENT QUOTA SYSTEM (GMQS)
Sections:
26.470.010 Purpose.
26.470.020 Applicability.
26.470.030 Aspen Metro Area Development Ceilings and Annual Allotments
26.470.040 Types of Development and Associated Process
26.470.050 Calculations
26.470.060 Development Allotment and Application Review Procedures.
26.470.070 Amendment of a Growth Management Development Order.
26.470.080 Appeals
26.470.010 Purpose.
The purposes of this Chapter are as follows: (1) to implement the Aspen Area Community Plan's
goals and policies, in conjunction with the background research and studies conducted in support of
the Plan; (2) to ensure that new growth occurs in an orderly and efficient manner in the City of
Aspen; (3) to ensure sufficient public facilities to accommodate new growth and development; (4) to
ensure that new growth and development is designed and constructed to maintain the character and
ambiance of the City of Aspen; (5) to ensure an' adequate supply of affordable housing, businesses
and events that serve the local, permanent community and the area's tourist base; and (6) to ensure
that growth does not over -extend the community's ability to provide support services, including
employee housing, traffic control and parking.
26.470.020 Applicability.
This Chapter shall apply to all development in the Cit
Commercial, and Community Facilities. Specific land uses
from growth management. For the purposes of this Chapter,
have been established.
A. Residential — Free Market
y of Aspen — Residential, Lodging,
and development. activities are exempt
the following development categories
Dwelling units intended exclusively for residential., purposes, not subject to any residency
requirements and not including hotels, lodging, or timeshare units. Units may in the form of single-
family, duplex, multi -family, or part of a mixed -use structure. (See definition of Residential Use,
Dwelling.)
B. Residential — Affordable Housing
Dwelling units intended to house only local working residents and deed restricted according to the
Aspen/Pitkin County Housing Authority Guidelines. Units may in the form of single-family, duplex,
multi -family, dormitory, or part of a mixed -use structure. (See definition of Affordable Housing:)
Proposed GMQS 1
C. Commercial
Buildings, or portions thereof, supporting office, retail, warehousing, manufacturing, commercial
recreation, restaurant/bar, or service oriented businesses, including retail and office uses but not
including hotel, lodging, or timeshare uses. (See definition of Commercial Use.) Commercial uses
shall be allocated on a net leasable square foot basis.
D. Lodging.
Buildings, or portions thereof, used to house a transient tourist population on a short-term basis,
including lodges, hotels, motels, bed and breakfasts, boarding houses, timeshare lodging, and exempt
timesharing. (See definition of Hotel.) Lodging units shall be allocated on a unit basis.
E. Essential. Public Facilities.
Facilities serving essential public purposes used by or for the benefit of the general public and
serving the needs of the community. (See definition of Essential Public Facility.)
26.470.030 Aspen Metro Area Development Ceilings and Annual Allotments
A. General. As. the primary implementation tool for the Aspen Area Community Plan (AACP),
the Growth Management Quota System (GMQS) is designed to promote many objectives. Despite its
complexity, two overriding goals form its core: (1) to prohibit development in excess of the AACP
objective of a thirty thousand (30,000) peak population (permanent and visitor); and (2) to ensure that
the rate at which growth occurs does not exceed the community's ability to cope with associated
public facility and service demands and accompanying changes to community character.
Aspen area residents have determined that the maximum average growth rate that can be
accommodated without long-term negative consequences is two (2)_ percent per year, with the
exception of permanently affordable housing and lodging facilities. The AACP supports a "critical
mass" of permanent residents to be housed and a growth rate of more than two (2) percent for
affordable housing to ensure a balance of resort and community. The Economic Sustainability
Committee,' a joint effort between the City of Aspen, the Aspen Institute Community Forum, and the
Aspen Chamber Resort. Association, supported, as their number one recommendation, the
redevelopment of existing lodging facilities and the development of new lodging facilities to
counteract the deteriorating and greatly decreased lodging base. Therefore, the GMQS does not limit
the annual growth rate of affordable housing and lodging facilities, while all other types of
development shall be limited to a two (2) percent annual growth rate.
For a variety of reasons, it is possible that the community's actual population growth might exceed
two (2) percent per year in some years. Previous GMQS approvals and in -/out -migration, for
example, can result in periods of construction activity and population growth that exceed the planned
average annual growth rate. Regardless of the rate at which growth actually occurs, it is the intent of
the GMQS that new approvals not exceed two (2) percent per year.
B. Existing Development.
The following tables describe the existing (as of January, 2003) amount of development in each
sector used a "baseline" in establishing annual allotments and development ceilings.
Proposed GMQS 2
' Lodge unit square footage removed from total. Commercial space within lodge developments estimated through City
records.
z Single ownership duplex and triplex units. 2 units per property ownership estimated.
3 Single ownership apartment buildings. Residence count reflects actual number of units recorded with Assessor.
a A total of 1,608 residences within the City of Aspen are deed restricted affordable housing. Of these units, several are
considered tax-exempt and are not included in the Assessor's counts. These units are rental affordable housing owned by
the City, APCHA, or tax exempt non-profit organizations. Therefore, only the non-exempt units have been subtracted
from the Assessor's total residences.
Proposed GMQS 3
C. Development Ceiling Levels.
Based on the 2000 Aspen Area Community Plan goal of limiting the ultimate population in order to
preserve a quality of life for both residents and visitors, growth ceilings are hereby established for
each type of land use.
As part of the 2000 AACP, average monthly population was estimated based on daily influent flows
of the Aspen Consolidated Sanitation District. This data was used to estimate the actual number of
people in town including residents, tourists, and the workforce. A total population of 23,050 was
estimated for the busiest month in 1998 — July. Based on this month as the peak monthly population
baseline, a total development ceiling to accommodate a total population of 30,000 represents a thirty
(30) percent increase in development. Applied to each development sector, development ceilings are
established as follows:
The Community Development Director shall calculate the number of allotments remaining under
established development ceilings as part of the year-end growth summary. Under no circumstances
shall development be allowed in excess of the development ceilings:
D. Ann ital Development Allotments.
The growth management quota system establishes annual development allotments available for use
by projects during each growth management year — January 1st to December 31 st. The number of
development allotments available within a single growth management year varies based on the
following factors:
(1) The type of land use.
(2) The annual allotment and reserve allotment available for each land use.
(3) The number of allotments granted the previous year and whether or not the Planning
and Zoning Commission permits an accumulation from year to year.
(4) The number of multi -year allotments granted by City Council from future years.
(5) The number of allotments already granted in the current growth year.
The Community Development Director shall calculate the development allotments available for each
type of land use as follows:
5 The development ceiling for affordable housing is based on the 2000 AACP goal of providing an additional 800 to 1,300
affordable housing units. Five -hundred (500) affordable housing units have been completed and another sixty-six (66)
have been approved since adoption of the plan (as of January 2003). Although most of these units were either approved,
under construction, or occupied at the time of the plan adoption, they were recognized in the plan as part of the overall
housing need and represent progress towards the goal. Considering the completed units, the affordable housing
development ceiling has been established at 2,342, an increase of 734.
6 The development ceiling for lodging is based on the "pillow count" of the Aspen Chamber resort Association. This
number peaked in 1995, with 9,959 pillows in the Aspen inventory. The 1998 pillow count of 8,583 was used to establish
the baseline.
Proposed GMQS 4
Where, the above terms are defined and established as follows:
Annual Standard Allotment. The annual standard allotment reflects approximately eighty
(80) percent of each year's potential growth within the City of Aspen, applied to each type of
land use. The Annual Standard Allotment may be reduced if multi -year allotments are granted
by City Council. The following annual standard allotments are hereby established:
Development Type Annual Standard Allotment
Residential - Free Market 60 units
Commercial 22,500 net leasable square feet
Residential - Affordable Housing No annual limit
Lodging No annual limit
Annual Reserve Allotment. Approximately twenty (20) percent of each year's potential
growth is reserved for projects that are considered "exceptional" by the Planning and Zoning
Commission, pursuant to Section 26.470.***. The Annual Reserve Allotment may be reduced
if multi -year allotments are granted by City Council. The following annual reserve allotments
are hereby established:
Development Type Annual Reserve Allotment
Residential - Free Market 15 units
Commercial
5,500 net leasable square feet
Allotment Roll -Over. At the conclusion of each growth management year, the Planning and
Zoning Commission shall determine the amount of unused allotments, for each type of
development, to remain available in the next year and assign the unused allotment to become
part of the annual allotment or additional reserve allotment available for "exceptional"
projects. (See accounting procedure.) There is no limit, other than that implemented by the
Planning and Zoning Commission, on the amount of potential growth that may remain
available.
Unused Allotments. Allotments awarded to a project which does not proceed and which are
considered vacated by the property owner shall constitute unused allotments and shall be
considered for allotment roll-over by the Planning and Zoning Commission, pursuant to the
Proposed GMQS 5
above section. Allotments shall be considered vacated by a property owner upon written
notification from the property owner or upon expiration of the development right pursuant to
section 26.470. * * *, Expiration of Growth Management Allotments.
E. Accounting Procedure
The Community Development Director shall maintain an ongoing account of available and used
growth management allocations and progress towards each development ceiling. Allotments shall be
considered allocated upon issuance of a development order for the project. After the conclusion of
each growth management year, the Community Development Director shall prepare a summary of
growth allocations for review by the Planning and Zoning Commission.
The Planning and Zoning Commission, at their first regular meeting of the growth management year,
shall review, during a public hearing, the prior year's growth summary, consider a recommendation
from the Community Development Director, consider comments from the general public, and shall,
via adoption of a resolution, establish the number of unused allotments to be carried forward and
added to the Annual Standard Allotment and the Annual Reserve Allotment. The Planning and
Zoning Commission may carry forward any portion of the previous year's allotment and assign any
portion to the next year's Standard or Reserve Allotment. The Planning and Zoning Commission
shall also consider the remaining development allotments within the Development Ceilings,
established pursuant to Section 26.470. * * *, and shall reduce the Annual Allotment by any amount
that exceeds the Development Ceiling. The public hearing shall be noticed by publication, pursuant to
Section 26.304.060(E)(3)(a). The Planning and Zoning Commission shall consider the following
criteria in determining the allotments to be carried forward:
1. The goals and objectives of the Aspen Area Community Plan.
2. The community's growth rate over the preceding five-year period;
3. The ability of the community to absorb the growth that -could result from a proposed
development utilizing accumulated allotments, including issues of scale, infrastructure
capacity and community character; and,
4. The expected impact from approved developments that have obtained allotments, but that
have not yet been built.
26.470.040 Types of Development and Associated Process
A. Exempt Development.
The following types of development shall be exempt from the growth management provisions of this
Title.
1. 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 from growth management.
2. Single -Family and Duplex Development on Historic Landmark Properties. The
development of one, or multiple, single-family residences or duplex residences on a parcel of
land designated as a Historic Landmark shall be exempt from growth management. This
Proposed GMQS 6
exemption applies to the rehabilitation of existing structures and the development of new
structures on Historic Landmark properties, provided all necessary approvals are obtained,
pursuant to Section 26.415, Development Involving the Inventory of Historic Sites and
Structures.
3. Relocation of Historic Structures. The relocation of a structure listed on the Aspen Inventory
of Historic Landmark Sites and Structures, permanently or temporarily, shall be exempt from
growth management, provided all necessary approvals are obtained, pursuant to Section
26.415, Development Involving the Inventory of Historic Sites and Structures.
4. Change -In -Use of Historic Structures. The change of use of a property, structure, or portion
of a structure designated as a Historic Landmark that does not increase the building's existing
net leasable square footage shall be exempt from growth management, provided no more than
two free-market residences are created, provided the development conforms with the
requirements of the zone district, and provided all necessary approvals are obtained, pursuant
to Section 26.415, Development Involving the Inventory of Historic Sites and Structures.
Expansion of net leasable space may be approved pursuant to Section 26.470.040(B)(3),
Enlargement of a Historic Landmark for commercial, lodge, or mixed -use development.
5. Transferable Development Rights. The establishment and extinguishment of Transferable
Development Right Certificates shall be exempt from growth management provided such
certificates comply with Section 26.535, Transferable Development Rights. Aspects of a
proposed development plan requiring extinguishment of Transferable Development Right
Certificates shall be identified on the proposed development plans and shall remain a
development option exercisable at the time of building permit issuance.
6. Remodeling, restoration, or reconstruction of existing commercial development.
Remodeling, restoration, and reconstruction after demolition of existing commercial buildings
shall be exempt from the provisions of growth management, such that no additional net
leasable square footage is created and there is no change -in -use. The development shall not
be exempt from other chapters of the Land Use Code and property owners should consult with
the Community Development Department. If redevelopment of a commercial building
involves an expansion of net leasable square footage, only the replacement of existing net
leasable square footage shall be exempt and the expansion shall be subject to Section
26.470.040(B)(4), Expansion/New Commercial, Lodge, or Mixed Use Development.
Existing, prior to demolition, net leasable square footage shall be documented by the City of
Aspen Zoning Officer prior to demolition.
7. Remodeling, restoration, or reconstruction of existing lodge development. Remodeling,
restoration, and reconstruction after demolition of existing hotel and lodge buildings shall be
exempt from the provisions of this section, such that no additional lodge units are created and
there is no change -in -use. If *redevelopment of a hotel or lodge involves an expansion of
lodge units, only the replacement of existing units shall be exempt and the expansion shall be
subject to Section 26.470.040(B)(4), Expansion/New Commercial, Lodge, or Mixed Use
Development. Existing, prior to demolition, lodge units shall be documented by the City of
Aspen Zoning Officer prior to demolition.
Proposed GMQS 7
8. Temporary Uses and Structures. The development of a temporary use or structure shall be
exempt from growth management, subject to the provisions of Section 26.450, Temporary
Uses.
9. Accessory Dwelling Units and Carriage Houses. The development of Accessory Dwelling
Units (ADUs) and Carriage Houses shall be exempt from growth management, subject to the
provisions of Section 26.520, Accessory Dwelling Units and Carriage Houses.
10. Trellis Structures. The addition of a trellis structure to a commercial structure shall be exempt
from growth management provided: a) there is no expansion of floor area; b) the trellis
structure is not enclosed by walls, screens, windows or other enclosures; and c) there is at
least fifty (50) percent of the overhead structure open to the sky.
11. Public Infrastructure. The development of public infrastructure such as roads, bridges,
waterways, utilities, and associated poles, wires, conduits, drains, hydrants, including items
considered Essential Services. Essential Public Facilities shall not be exempt and shall be
reviewed pursuant to Section 26.470.040(C)(1), Essential Public Facilities.
B. Administrative Growth Management Review:
The following types of development shall be approved, approved with conditions, or denied by the
Community Development Director, pursuant to Section 26.470.060, Procedures for Review, and the
criteria for each type of development described below. Except as noted, all administrative growth
management approvals shall be deducted from the respective Annual Development Allotments and
Development Ceiling Levels.
1. Replacement of demolished multi family, residential units. Replacement after demolition of
multi -family residential units, subject to the requirements of the Multi -Family Housing Replacement
Program (See Chapter 26.530).
2. Detached single family or duplex dwelling units.
The construction or replacement after demolition of one or two detached residential units or a duplex
dwelling or the conversion of a single-family dwelling into 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 Section 26.480.020(E), Aspen Townsite Lots, or on a lot created
by.a lot split, pursuant to Section 26.480.060(C), shall be approved if all the following standards are
met. These units shall not be deducted from the respective Annual Development Allotments or
Development Ceiling Levels established pursuant to Section 26.470.030.
Single-family. In order to qualify for a single-family approval, the applicant shall have three
(3) options:
a. providing an Accessory Dwelling Unit (ADU) or a Carriage House pursuant to
Section 26.520, Accessory Dwelling Units and Carriage Houses;.
b. paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended; or
Proposed GMQS 8
c. recording a resident -occupancy (RO) deed restriction on the single-family dwelling
unit being constructed.
Duplex. In order to qualify for a duplex approval, the applicant shall have five (5) options:
a. providing one free market dwelling unit and one deed restricted, resident- occupied
dwelling unit with a minimum floor area of one thousand five hundred (1,500) square
feet;
b. providing two free market dwelling units and one Accessory Dwelling Unit (ADU) or
one Carriage House with a minimum floor area of six hundred (600) net livable square
feet pursuant to Section 26.520;
c. providing two free market dwelling units and either two Accessory Dwelling Units or
two Carriage Houses (or one of each), pursuant to Section 26.520;
d. providing two deed restricted, resident -occupied (RO) dwelling units; or
e. paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended.
3. Enlargement of a Historic Landmark for commercial, lodge, or mixed -use development.
The enlargement of a historic landmark building for commercial, lodge, or mixed -use development
shall be approved, approved with conditions, or denied by the Community Development Director
based on the following criteria:
a) Sufficient growth management allotments are available to accommodate the expansion or
conversion, pursuant to Section 26.470.030(D), Annual Development Allotments.
b) The project has been approved as an "exceptional" project, pursuant to Section
26.470.040(C)(3), if reserve allotments are necessary to accommodate the project.
c) Employees generated by the additional net leasable square footage shall not require the
provision of affordable housing. Any affordable housing units provided shall be approved
pursuant to Section 26.470.040(B)(6), Affordable Housing.
d) Free -Market residential floor area on the parcel is less than or equal to the affordable
housing floor area located on the same parcel, unless otherwise permitted or restricted in
the zone district or as set forth in an approved site -specific development plan.
e) The project complies with .all other provisions of the Land Use Code and has obtained all
necessary approvals from the Historic Preservation Commission, the Planning and Zoning
Commission, and the City Council.
f) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, not as a limitation, water supply, sewage treatment, energy
and communication utilities, drainage control, fire and police protection, solid waste
disposal, parking, and road and transit services. Properties zoned Lodge Preservation (LP)
may maintain an _existing deficit of required parking through redevelopment.
4. Expansion/New Commercial, Lodge, or Mixed Use Development. The expansion of an.
existing commercial, lodge, or mixed -use building or the development of a new commercial, lodge,
Proposed GMQS 9
or mixed -use building shall be approved, approved with conditions, or denied by the Community
Development Director based on the following criteria:
a) Sufficient growth management allotments are available to accommodate the expansion,
pursuant to Section 26.470.030(D), Annual Development Allotments.
b) The project has been approved as an "exceptional" project, pursuant to Section
26.470.040(C)(3), if reserve allotments are necessary to accommodate the project.
c) Sixty (60) percent of the employees generated by the additional net leasable square
footage, according Section 26.470.***Employee Generation Rates, are mitigated through
the provision of affordable housing or cash -in -lieu thereof in a manner acceptable to the
Aspen/Pitkin County Housing Authority. Any affordable housing units provided shall be
approved pursuant to Section 26.470.040(B)(6), Affordable Housing. Provision of
affordable housing mitigation units outside of the City of Aspen shall be approved
pursuant to Section 26.470.040(C)(4). Provision of affordable housing via a cash -in -lieu
payment shall be approve pursuant to Section 26.470.040(C)(5).
d) Free -Market residential floor area on the parcel. is less than or equal to the affordable
housing floor area located on the same parcel, unless otherwise permitted or restricted in
the zone district or as set forth in an approved site -specific development plan.
e) The project complies with all other provisions of the Land Use Code and has obtained all
necessary approvals from the Historic Preservation Commission, the Planning and Zoning
Commission, and the City Council.
f) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, not as a limitation, water supply, sewage treatment, energy
and communication utilities, drainage control, fire and police protection, solid waste
disposal, parking, and road and transit services. Properties zoned Lodge Preservation (LP)
may maintain an existing deficit of required parking through redevelopment.
5. Change in use. A change in use of an existing structure, or portions of an existing structure,
between the residential, commercial, or lodging categories (irrespective of direction) for which a
Certificate of Occupancy has been issued for at least two (2) years and which that is intended to be
reused, shall be approved, approved with conditions, or denied by the Community Development
Director based on the following criteria:
a) Sufficient growth management allotments are available to accommodate the change -in -
use, pursuant to Section 26.470.030(D), Annual Development Allotments.
b). The project has been approved as an "exceptional" project, pursuant to Section
26.470.040(C)(3), if reserve allotments are necessary to accommodate the project.
c) Sixty (60) percent of the employees generated by the additional net leasable square
footage, according Section 26.470. * "Employee Generation Rates, are mitigated through
the provision of affordable housing or cash -in -lieu thereof in a mariner acceptable to the
Aspen/Pitkin County Housing Authority. Any affordable housing units provided shall be
approved pursuant to Section 26.470.040(B)(6), Affordable Housing.
Proposed GMQS 10
d) Free -Market residential floor area on the parcel is less than or equal to the affordable
housing floor area located on the same parcel, unless otherwise permitted or restricted in
the zone district or as set forth in an approved site -specific development plan.
e) The project complies with all other provisions of the Land Use Code and has obtained all
necessary approvals from the Historic Preservation Commission, the Planning and Zoning
Commission, and the City Council.
f) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, not as a limitation, water supply, sewage treatment, energy
and communication utilities, drainage control, fire and police protection, solid waste
disposal, parking, and road and transit services. Properties zoned Lodge Preservation (LP)
may maintain an existing deficit of required parking through redevelopment.
6. Affordable Housing. The development of affordable housing deed restricted in accordance
with the Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved with
conditions, or denied by the Community Development Director based on the following criteria:
a) Sufficient growth management allotments are available to accommodate the new units,
pursuant to Section 26.470.030(C), Development Ceiling Levels.
b) The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing
Authority.
c) The proposed units shall be deed restricted as "for sale" units. In the alternative, rental
units may be provided if a legal instrument, in a form acceptable to the City Attorney,
ensures permanent affordability of the units.
7. Residential Development — 60 Percent Affordable. The development of a residential project
in which sixty (60) percent of the units and forty-five (45) percent of the project Floor Area is
affordable housing deed restricted in accordance with the Aspen/Pitkin County Housing Authority
Guidelines shall be approved, approved with conditions, or denied by the Community Development
Director based on the following criteria:
a) Sufficient growth management allotments are available to accommodate the uses.,
pursuant to Section 26.470.030(D), Annual Development Allotments.
b) The project has been approved as an "exceptional" project, pursuant to Section
26.470.040(C)(3), if reserve allotments are necessary to accommodate the project.
c) Sixty (60) percent of the total units and forty-five (45) percent of the project's Floor
Area shall. be affordable housing provided in a manner acceptable to the Aspen/Pitkin
County Housing Authority.
d) The proposed affordable housing units shall be deed restricted as "for sale" units. In the
alternative, rental affordable housing units may be provided if a legal instrument, in a
form acceptable to the City Attorney, ensures permanent affordability of the units.
e) The project complies with all other provisions of the Land Use Code and has obtained all
necessary approvals from the Historic Preservation Commission, the Planning and Zoning
Commission, and the City Council.
Proposed GMQS 11
f) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, not as a limitation, water supply, sewage treatment, energy
and communication utilities, drainage control, fire and police protection, solid waste
disposal, parking, and road and transit services.
8. Residential Development — 70 Percent Affordable. The development of a residential project
in which seventy (70) percent of the project's units and seventy (70) percent of the project's
bedrooms are affordable housing deed restricted in accordance with the Aspen/Pitkin County
Housing Authority Guidelines shall be approved, approved with conditions, or denied by the
Community Development Director based on the following criteria:
a) Sufficient growth management allotments are available to accommodate the uses,
pursuant to Section 26.470.030(D), Animal Development Allotments.
b) The project has been approved as an "exceptional" project, pursuant to Section
26.470.040(C)(3), if reserve allotments are necessary to accommodate the project.
c) Seventy (70) percent of the total units and total bedrooms shall be affordable housing
provided in a manner acceptable to the Aspen/Pitkin County Housing Authority.
d) The proposed affordable housing units shall be deed restricted as "for sale" units. In the
alternative, rental affordable housing units may be provided if a legal instrument, in a
form acceptable to the City Attorney, ensures permanent affordability of the units.
e) The project complies with all other provisions of the Land Use Code'and has obtained all
necessary approvals from the Historic Preservation Commission, the Planning and Zoning
Commission, and the City Council.
f) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, not as a limitation, water supply, sewage treatment, energy
and communication utilities, drainage control, fire and police protection, solid waste
disposal, parking, and road and transit services.
C. Planning and Zoning Commission Review
The following types of development shall be approved, approved with conditions, or denied by the
Planning and Zoning Commission, pursuant to Section 26.470.060, Procedures for Review, and the
criteria for each type of development described below. Except as noted, all Planning and Zoning
Commission growth management approvals shall be deducted from the respective Annual
Development Allotments and Development Ceiling Levels.
1. Essential Public Facilities. The development of an Essential Public Facility shall be
approved, approved with conditions, or denied by the Planning and Zoning Commission based on the
following criteria:
a) The Community Development Director has determined the use and/or structure to be an
Essential Public Facility. (See definition.)
Proposed GMQS 12
b) Sufficient growth management allotments are available to accommodate the uses,
pursuant to Section 26.470.030(D), Annual Development Allotments.
c) The project has been approved as an "exceptional" project, pursuant to Section
26.470.040(C)(3), if reserve allotments are necessary to accommodate the project.
d) Sixty (60) percent of the employees expected to be generated by the project are mitigated
through the provision of affordable housing or cash -in -lieu thereof in a manner acceptable
to the Planning and Zoning Commission. A recommendation from the Aspen/Pitkin
County Housing Authority shall be considered. 'The Employee Generation Rates may be
used as a guideline but each operation shall be analyzed for its unique employee needs.
The Planning and Zoning Commission may waive, or partially waive, affordable housing
mitigation requirements as is deemed appropriate and warranted.
e) Free -Market residential floor area on the parcel is less than or equal to the affordable
housing floor area located on the same parcel, unless otherwise permitted or restricted in
the zone district or as set forth in an approved site -specific development plan. The
Planning and Zoning Commission may waive, or partially waive, this requirement as is
deemed appropriate and warranted.
f) The project complies with all other provisions of the Land Use Code and has obtained all
necessary approvals from the Historic Preservation Commission, the Planning and Zoning
Commission, and the City Council.
g) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvements proposed as part of the project.
Public infrastructure includes, not as a limitation, water supply, sewage treatment, energy
and communication utilities, drainage control, fire and police protection, solid waste
disposal, parking, and road and transit services.
2. Conversion of Residential Reconstruction Credits to Lotlging, Units. The conversion of
reconstruction credits derived from the demolition of residential dwelling units pursuant to Section
26.470.070(A)(2)* * * to lodge units shall be approved, approved with conditions, or denied by the
Planning and Zoning Commission based on the following criteria:
a) Sufficient growth management allotments are available to accommodate the uses,
pursuant to Section 26.470.030(D), Annual Development Allotments.
b) The project has been approved as an "exceptional" project, pursuant to Section
26.470.040(C)(3), if reserve allotments are necessary to accommodate the project.
c) Demolished residential dwelling units shall be converted to lodge units at the rate of three
(3) lodge units per each one residential unit;
d) Tourist accommodations units obtained pursuant to this exemption shall only be
developed in those zone districts in which lodge and hotel units are a permitted use;
e) Development of the tourist accommodations units shall be limited to the same parcel from
which the reconstruction credits were derived, on a contiguous parcel owned by the
applicant, or on a parcel which is part of a multi -parcel Planned Unit Development
approved pursuant to Section 26.445;
Proposed GMQS 13
f) Employee housing or cash -in -lieu thereof shall be provided to mitigate for additional
employees generated by the development of the tourist accommodations units;
g) The proposed development is compatible with the character of the existing land uses in
the surrounding area and the purpose of the underlying zone district;
h) Adequate parking and public facilities exist or can be provided for the development; and,
i) The proposed development is consistent with the Aspen Area Community Plan.
3. "Exceptional" Projects. The growth management quota system reserves approximately
twenty (20) percent of each year's potential growth as reserve allotments. The Planning and Zoning
Commission may grant these annual reserve allotments to projects considered "exceptional."
Exceptional projects shall be approved, approved with conditions, or denied by the Planning and
Zoning Commission based on the following criteria:
a) The proposal exceeds the minimum affordable housing required.
b) The proposal furthers affordable housing goals by providing units established as priority
through the current Guidelines of the Aspen/Pitkin County Housing Authority, and
provides a desirable mix of affordable unit types, economic levels, and lifestyles (e.g.,
singles, seniors and families). A recommendation from the Aspen/Piktin County Housing
Authority shall be considered for this standard.
c) The proposal minimizes impacts on public infrastructure by incorporating innovative,
energy -saving techniques.
d) The proposal minimizes construction impacts to the extent practicable.
e) The proposal maximizes potential public transit usage and minimizes reliance on the
automobile.
f) The proposal maximizes "green" building practices. A recommendation from the
Building Department shall be considered for this standard.
g) The proposal promotes sustainability of the local economy.
h) The proposal promotes a desirable site plan and architectural design solution and is a
positive contribution to the community fabric.
i) The proposed project advances the visions, goals or specific action items of the Aspen
Area Community Plan.
4. Provision of Required Affordable Housing Units Outside City Limits. The provision of
affordable housing, as required by Section 26.470, Growth Management, with units to be located
outside the City of Aspen boundary shall be approved, approved with conditions, or denied by the
Planning and Zoning Commission based on the following criteria:
a) The proposal promotes the Goals and Objectives of the Aspen Area Community Plan.
b) The off -site housing is within the Aspen Urban Growth Boundary or within an acceptable
proximity of the City of Aspen considering existing transportation infrastructure.
Proposed GMQS 14
c) The proposal furthers affordable housing goals by providing units established as priority
through the current Guidelines of the Aspen/Pitkin County Housing Authority, and
provides a desirable mix of affordable unit types, economic levels, and lifestyles (e.g.,
singles, seniors and families). A recommendation from the Aspen/Piktin County Housing
Authority shall be considered for this standard.
d) The applicant has received all necessary approvals from the governing body having
jurisdiction of the off -site parcel.
S. Provision of Required Affordable Housing via a Cash -In -Lieu Payment. The provision of
affordable housing, as required by Section 26.470, Growth Management, via a cash -in -lieu payment
shall be approved, approved with conditions, or denied by the Planning and Zoning Commission
based on the following criteria:
a) The proposal promotes the Goals and Objectives of the Aspen Area Community Plan.
b) The proposal furthers affordable housing goals and the cash -in -lieu payment will result in
the near -term production of affordable units. A recommendation from the Aspen/Piktin
County Housing Authority shall be considered for this standard.
D. City Council Review
The following types of development shall be approved, approved with conditions, or denied by the
City Council, pursuant to Section 26.470.060, Procedures for Review, and the criteria for each type
of development described below. Except as noted, all City Council growth management approvals
shall be deducted from the respective Annual Development Allotments and Development Ceiling
Levels.
1. Multi -Year Development Allotment. The City Council, upon a recommendation from the
Planning and Zoning Commission, shall approve, approve with conditions, or deny a multi -year
development allotment request based on the following criteria:
a) The proposed development is considered "exceptional" according to the standards of
Section 26.470.040(C)(3).
b) The Community Development Director shall be directed to reduce the applicable Annual
Development Allotments, as provided in Section 26.470.030(D), in subsequent year(s) as
determined appropriate by the City Council.
26.470.050 Calculations
A. Employee Generation and Mitigation
Whenever employee housing or cash -in -lieu is required to mitigate for additional employees
generated by a commercial or lodging development, there shall be an analysis and credit for
employee generation of the existing project, prior to redevelopment, and an employee generation
analysis of the proposed development. The employee housing requirement shall be based upon the
incremental employee generation difference between the existing development and the proposed
development.
Proposed GMQS 15
1. Employee Generation Rate Schedule:
The following employee generation rates are the result of a study sponsored by the City of Aspen
during the Summer and Fall of 2002 considering the actual employment requirements of over one -
hundred (100) Aspen businesses. The full study is on file at the City of Aspen Community
Development Department. Employee generation is quantified as full time equivalents (FTEs) per
one -thousand (1,000) square feet of net leasable space.
Zone District: y
E mployees generated Per 1,000
s quire feet of °net leas'able?
s ace .'
Commercial Core (CC) .
411
CamrnercWC
4:1 .-
Neighborho6d Commercial (NC}
Conunercial Lodge (CL) commercial space F ':
.
.
Lodge(L) commercial, space
Lodge Preservat ( p 'ion. LP commercial s ace.
Main street (Office)
3.7
Service Commercial Industrial;`(SC)
Public
3 9
Lodge;Preservatiori (LP) lodge' °units
;3 per unit
Lodg&-(L) lodge units,� � �
; 5 per,
This Employee Generation Rate Schedule shall be used to determine employee generation of projects
within the City of Aspen. Each use within a mixed -use building shall require a separate calculation
to be added to the total for the project.
Applicants may request an Employee Generation Review with the Planning and Zoning Commission,
pursuant to Section 26.470.060, Procedures for Review, and according to the following criteria. All
essential public facilities shall be reviewed by the Planning and Zoning Commission to determine
employee generation. In establishing employee generation, the Planning and Zoning Commission
shall consider the following:
a) The expected employee generation of the use considering the employment generation
pattern of the use, or of a similar use within Aspen.
b) Any unique employment characteristics of the operation.
c) The extent to which employees of various uses within a mixed -use building, or of a
related off -site operation, will overlap or serve multiple functions.
d) A proposed restriction on the type of business, requiring full employee generation
mitigation upon vacation of the type of business, is acceptable to the Planning and Zoning
Commission.
Proposed GMQS 16
2. Employees Housed.
Whenever a project provides residential units on- or off -site to satisfy affordable housing
requirements of this section, the following schedule shall be used to. determine the number of
employees housed by such units:
3. Employee Housing Cash -In -Lieu Payment
Whenever a project provides employee housing via a cash -in -lieu payment, in part or in total, the
amount of the payment shall be in accordance with the applicable provisions of the Aspen/Pitkin
County Housing Authority Guidelines, as amended.
26.470.060 Development Allotment and Application Review Procedures.
A. General.
1. Number of development applications. No more. than one development application for
growth management allotments on any one parcel shall be considered concurrently. To
submit a new application, any active growth management application for the same
property must be vacated.
2. Number of Growth Management Allocations. No more than one project shall be entitled
to growth management allotments on any one parcel concurrently. In order to entitle a
different project on the same parcel, growth allotments must be vacated and re -obtained.
(Also see, amendment of a growth management approval, Section 26.470.***.)
3. No "roll-over" of Growth Management Applications. Applications shall only be eligible
for growth allotments within the growth management year in which they are submitted
and shall not automatically become eligible for future year allotments. Applications must
be resubmitted in order to be eligible for. the next year's allotments.
4. HPC Conceptual Approval. Whenever Historic Preservation Commission approval is
needed for a proposed project, the Historic Preservation Commission's conceptual
approval must be secured prior to submitting an application for a growth management
allotment. A growth management application may be submitted prior to final HPC review
subject to changes which may be required by such review. The applicant shall.be required
to secure final approval of the project from the Historic Preservation Commission prior to
receipt of a development order and may be required to amend the growth management
approval.
Proposed GMQS 17
5. P UD Conceptual Approval. Projects requiring approval of a final Planned -Unit
Development Plan, pursuant to section 26.445, Planned Unit Development, must first
obtain Conceptual PUD approval prior to submitting an application for a growth
management allotment. A growth management application may be submitted prior to final
PUD review subject to changes which may be required by such review. The applicant
shall be required to secure final approval of the project from the Historic Preservation
Commission prior to receipt of a development order.
6. Design Review prior to Growth Manygement. Commercial and Lodging projects shall
obtain Commercial Design Review approval, pursuant to Section 26. * *, Commercial
Design Review, prior to submitting an application for growth management allotment.
Residential project shall obtain Residential Design Standards approval, pursuant to section
26.410, prior to.submitting an application for growth management allotment.
7. Subdivision Review Concurrent with Growth Management. Subdivision review, as
necessary, shall be reviewed concurrently with an application for growth management
review.
8. Other Required Land Use Reviews. Growth management applications shall only be
accepted upon completion of all other required land use reviews, with the above noted
exceptions.
9. Consolidated Applications. Unless otherwise provided herein, growth management
applications shall not be combined with other reviews, pursuant to section 26.3 04.060.
10. Non -Assignability of Growth Allotments. Development allotments obtained, pursuant to
this Chapter, shall not be assignable or transferable independent of the conveyance of the
real property on which the development allotment has been approved.
B. Application and.Allocation Procedures
1. Application Submission. An application for growth management may be submitted to
the Community Development Director at any time of the year. Applications shall only be
submitted within the growth management year in which allocations are requested, unless the
application requests future development allotments pursuant to section 26.470. * * * . All
applications submitted on the same day shall be construed to have been submitted at the same
time and a random drawing shall be held to determine the order in which allocations shall be
granted. Applications shall maintain cue position regardless of required processes to
complete the growth management review.
2. Procedures for Review. The following procedures shall apply to all growth
management applications:
a. Community Development Director Review. Applications for Administrative Review
shall be submitted to the Community Development Director who shall review the
application for completeness, refer the application to all appropriate City staff and
referral agencies, and thereafter determine, based on the appropriate standards, if the .
application shall be approved, approved with conditions, or disapproved. Various
referral agencies may hold their own public hearings
Proposed GMQS 18
b . Planning and Zoning Commission Review • Applications for 'Planning and
Zoning Commission Review shall be submitted to the Community Development
Director who shall follow the same procedures noted above and forward a
recommendation, based on the applicable standards, that the application be
approved, approved with conditions, or disapproved. The Planning and Zoning
Commission shall review the application during a public hearing according to the
applicable standards and, by resolution, approve, approve with conditions, or
disapprove the application. Notice of the hearing shall be by publication, posting,
and mailing, pursuant to Section 26.304.060(E) .
c . City Council Review • Applications for City Council Review shall be
submitted to the Community Development Director who shall follow the same
procedures noted above and forward a recommendation, based on the applicable
standards, to the Planning and Zoning Commission that the application be approved,
approved with conditions, or disapproved. The Planning and Zoning Commission
shall review the application during a public hearing according to the applicable
standards and, by resolution, recommend to City Council that the application be
approved, approved with conditions, or disapproved. Notice of the hearing shall be
by publication, posting, and mailing, pursuant to Section 26.304.060(E) .
City Council shall review the application during a public hearing according to the
applicable standards and, by resolution, approve, approve with conditions, or
disapprove the application. Notice of the hearing shall be by publication, posting,
and mailing, pursuant to Section 26.304.060(E) .
3. Allocation. Development allotments shall be allocated on a first -come -first -served
basis, not to exceed the available development allotments for standard and reserve
development, respectively. Projects requiring allotments in excess of the available
development allotment shall be denied and the allotments shall become available to the next
eligible application.
Following approval or approval with conditions, pursuant to the above procedures for review,
the Community Development Director shall issue a development order pursuant to Section
26.304.070, Development Orders, provided that any change required by the approving body
shall be reflected via an amendment to the application. 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.
4. Expiration of Growth Mangement Allotments: Growth allotments granted pursuant to
this section shall expire on the day after the third anniversary of the effective date of the
development order, pursuant to the terms and limitations of Section 26.304. Expired
allotments shall not be considered valid and the applicant shall be required to apply for new
allotments.
Proposed GMQS 19
C. Application Contents.
Applications for growth management shall include the following:
1. The general application information required in Common Procedures, Section 26.304.
2. A Site Improvement Survey depicting:
a) Existing natural and man-made site features.
b) All legal easements and restrictions.
3. A detailed description and site plan of the proposed development including proposed land
.uses, densities, natural features, traffic and pedestrian circulation, off-street parking, open
space areas, infrastructure improvements, site drainage and any associated off -site
improvements.
4. A description of the proposed affordable housing and how it provides adequate mitigation
for the project and conforms to the Guidelines of the Aspen/Pitkin County Housing
Authority.
5. A statement specifying the public facilities that will be needed to accommodate the proposed
development, proposed infrastructure improvements, and the specific assurances will be made
to ensure the public facilities will be available to accommodate the proposed development.
6. A written response to each of the Review Criteria contained in Section 26.470. * * * .
7. Copies of required approvals from the Planning and Zoning Commission, Historic
Preservation Commission, and the City Council, as necessary.
26.470.070 Reconstruction Limitations
Reconstruction Limitations:
An applicant may propose to demolish and then delay the reconstruction of existing commercial
space or lodge units for a period not to exceed one (1) year. To comply with this limitation, an
applicant must submit a complete building permit application for reconstruction on or before the
anniversary of the issuance date of the demolition permit. City Council may extend this deadline by
demonstration of good cause.
Applicants must verify existing conditions prior to demolition with the City of Aspen Zoning Officer
in order to document reconstruction rights. An applicant's failure to accurately document existing
conditions prior to demolition and verify reconstruction rights with the City of Aspen Zoning Officer
may result in a loss of some or all of the reconstruction rights.
Reconstructed buildings shall comply with applicable requirements of the Land Use Code, including
but not limited to Section 26.312, Nonconformities, and Section 26.710, Zone Districts.
Any building that is demolished shall be limited to reconstruction on the same parcel, on a contiguous
parcel owned by the applicant, or on a non-contiguous parcel within the saine . PUD, pursuant to
Section 26.445, Planned Unit Development.
26.470.080 Amendment of a Growth Management Development Order.
A. Insubstantial Amendment. An insubstantial amendment to an approved growth management
development order may be authorized by the Community Development Director if:
Proposed GMQS 20
1. The change conforms to all other provisions of the Land Use Code and does not exceed
approved variations to the Residential Design Standards or Commercial Design Review,
as applicable.
2. The change does not alter the number, size, type or deed restriction of the proposed
affordable housing units or those changes have been accepted by the Aspen/Piticin County
Housing Authority.
3. The change is limited to technical or engineering considerations discovered prior to or
during actual development that could not reasonably be anticipated during the review
process, or any other minor change that the Community Development Director finds has
no effect on the conditions and representations made during the original project review.
B. 'Substantial Amendment. All other amendments to an approved growth management
development order shall be reviewed pursuant to the terms and procedures of this Chapter.
Allotments granted shall remain valid and applied to the amended application, provided the
amendment application is submitted prior to the expiration of vested rights. Amendment applications
requiring additional allotments, or allotments for different uses, shall obtain those allotments pursuant
to the procedures of this Chapter.
26.470.090 Appeals
A. Appeal of adverse determination by the Community Development Director. An applicant
aggrieved by a determination made by the Community Development Director on an application for
administrative review shall be to the Planning and Zoning Commission. The appeal procedures set
forth at Chapter 26.316 shall apply. The Planning and Zoning Commission may reverse, affirm, or
modify the decision or determination of the Community Development Director based upon the
application submitted to the Community Development Director. The decision of the Planning and
Zoning Commission shall constitute the final administrative action on the matter.
B. Appeal of adverse determination by the Planning and Zoning Commission. An applicant
aggrieved by a determination made by the Planning and Zoning Commission on an application for
Planning and Zoning Commission Review shall be to the City Council. The appeal procedures set
forth at Chapter 26.316 shall apply. The City Council may reverse, affirm, or modify the decision or
determination of the Planning and Zoning Commission based upon the application submitted to the
Planning and Zoning Commission and the record established by the Commission's review. The
decision of the City Council shall constitute the final administrative action on the matter.
Proposed GMQS 21
Chapter 26.470
GROWTH MANAGEMENT QUOTA SYSTEM (GMQS)
Sections: U
26.470.010 Purpose.
26.470.020 Applicability.
26.470.030 Aspen Metro Area development ceilings -.Residential and Tourist
Accommodations.
26.470.040 Reserved.
26.470.050 Annual development .allotments - Residential and Tourist Accommodations.
26.470.060 Annual Development Allotment - Commercial and Office.
26.470.070 Exemptions.
1-
26.470.080 Development allotment and application procedures.
26.470.090 Growth management scoring criteria - Residential and Tourist
Accommodations.
26.470.100 Growth Management Scoring Criteria - Commercial and Office
development.
26.470.110 Amendment of development order.
26.470.120 Development order. -.Expiration.
26.470.010 Purpose:;
The purposes of this Chapter are as follows: (1) to implement the Aspen Area Community
Plan's goals and policies, -in 'conjunction ' with the background research and studies conducted in
support of the Plan; (2) to ensure that new growth occurs in an orderly and.efficient manner -in the.
City of Aspen and the Aspen .Metro .Area; (3) ,to ensure sufficient public facilities to accommodate
new growth and development;. (4) to ensure that. new growth and development is designed and con-
structed to.maintain the character and.ambiance of the City and the Aspen Metro Area; (5) to ensure
an adequate supply of housing; businesses` 'and� events that serve the local, permanent community
and the area's tourist base; and (6) to ensure .that growth does not over -extend the community's
ability to provide support services, including employee housing, traffic control and parking.
26.470.020 Applicability.
This Chapter shall apply to all development in the City of Aspen. This Chapter also represents
the City's component of the Aspen Metro Area's Residential and Tourist Accommodations Growth
Management Quota System ("GMQS"). As such, relevant portions shall apply to all residential and
tourist accommodations development in the City of Aspen. Other portions shall apply to Commer-
cial and Office development. While the provisions of this chapter are applicable to all development
in:.the City, specific land uses and development activities are exempted from its competition and
scoring procedures. For the purposes of this Chapter, -the two following development categories
have been established.
A. Exempt development. Development that is not subject to growth management competition and
scoring does not compete for available growth management allocations and is not scored by the
601 (Aspen 4=)
26.470.030
growth management scoring criteria set forth herein. Some types of exempt development are de-
ducted from the annual development allotments and overall development ceilings; others are not.
Although not subject to growth management competition and scoring, exempt development is sub-
ject to all other applicable Code requirements, including the exemption provisions of Section
26.470.070.
B. Non-exempt development. Development that is subject to growth management competition
and scoring is required to compete against all other non-exempt projects in the Aspen Metro Area
for development allocations. Non-exempt development is scored in accordance with the growth
management scoring criteria of Section 26.470.080 (residential and tourist accommodations) or
Section 26.470.090 (commercial and office development). All approved non-exempt development
is deducted from the available pool of annual development allotments (Section 26.470.040 for resi-
dential and tourist accommodations or Section 26.470.050 for commercial and office development)
an.d from the overall development ceilings of Section 26.470.030. Any development that is nQt spe-
cifically listed as exempt pursuant to Section 26.470.060 shall be considered non-exempt.
26.470.030 Aspen Metro Area development ceilings - Residential and Tourist
Accommodations.
A. Description. As the primary implementation tool for the Aspen Area Community Plan, the
Residential and Tourist Accommodations Growth Management Quota System ("GMQS") is de-
signed 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 thirty
thousand (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. crrmmunity character.
Aspen area .residents -.have. deterrninPd .that .the maximum average growth rate that can be
accommodated without long-term negative consequences is two (2) percent per year. Therefore, the
GMQS is designed to ensure that new development approvals not exceed an average rate of two (2)
percent per year. The community's growth rate goal is implemented by the annual development al-
lotments set forth at Section 26.470.040 for residential and tourist accommodations and Section
26.470.050 for commercial or office development.
. For a variety of reasons, it is possible that the community's actual population growth might
.exceed two (2) percent per year in some years. Previous GMQS approvals and exemptions, for ex-
ample, 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 (2) percent per year and that the maximum
peak buildout population of thirty thousand (30,000) not be exceeded. This peak buildout goal is
implemented by the development ceilings set forth in this Section.
B. General. The ceilings apply to all non-exempt development and to some types of exempt de-
velopment. These development ceilings -impose cumulative limits on the number of development
(Aspen 4100) 602
allocations that may be granted and on deductible exemptions that may be approved. In order to en-
sure that ceilings are not exceeded, the Community Development Director shall maintain an inven-
tory of development allotments granted and deductible exemptions approved within the Aspen
Metro Area.
C. Ceiling levels. The Community Development Director shall calculate the number of allotments
remaining under established development ceilings by June 1 of each year. Under no circumstances
shall exempt or non-exempt development be allowed in excess of the* following development ceil-
ings:
Development Type
Tourist Accommodations
Free Market Residential
Free Market Residential, AH Associated
Resident Occupied
Affordable Housing
26.470.040 Reserved.
Metro Area Ceiling
253 units
92 units
184-units
184 units
989 units
26.470.OS0 Annual development allotments = Residential and Tourist Accomrrindations:
The residential and tourist accommodations growth management quota system -a method' of-
establishing' annual`:*development allotrzients. has been designed to be as fair and flexlt le- as possible:
It establishes pools f deveioprnent allotments that are available for use by Asperi� IVletro-Area ex
empt and non-exempt projects during one-year periods, running from June 1 to May 31. The system
allows allotments."to be "borrowed" from future years if necessary to accommodate very high -
quality projects. � C�tegory'-Affordable: Housing 'is not subject to an annual developrihtnt `allotrnent=
pool and shall only be subject to the Development Ceiling ' Level, pursuant to Section
26:470.030(C). As= a.result of the. flexibility that has been built into the allotment. system, 'the 'num-'
ber of 311etments available'dU* ring any. one.year may vary.}
A. Establishment of Base Allotment Pool.
1. Base allotment pool. The base annual allotment pool corresponds to the desired annual
growth rate for the Aspen 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 Section 26.470.040(A)(3). The following base annual allot-
ment levels are hereby established for the entire Aspen Metro Area:
Development Type
Tourist Accommodations
Free Market Residential
Free Market Residential, AH Associated
Resident Occupied
Base Allotments
11 units
4 units
8 units
8 units
603 (Aspen 11/00)
26.470.050
Development Type Base Allotments
Category Affordable Housing N/A. Subject
only to Devel-
opment Ceiling
Level of Section
26.470.030(C
Lodge Preservation (LP) Tourist Accommo- 11 units
dations
B. Establishment of Reserve Allotment Pool.
(No changes to entire sub -section.)
C. Establishment of 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 Coun-
cil authorizes the use of optional multi -year allotments pursuant to Section 26.470.050(A)(4). 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 pool formula. No later than June 1 of each year, the Com-
munity Development Director shall calculate the. number of development.. allotments available
during the upcoming year using the following formulas:
a) For Category Affordable Housing:
Standard Maximum Allotment Pool:,= Ceiling-Used_Allotments
Where: -
Ceiling = Metro. Are a Ceiling
Used Allotments = allotments granted from preceding years.
b) For all other Development Types:
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
D. Optional Multi-Year.Allotments for "Exceptional" Projects.
1. 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 Section 26.470.050(A)(4)) that include free market units. The
number of allotments available in the optional (multi -year) pool shall be calculated no later
than June 1 of each year.
(Aspen 11/00) 604
26.470.060
2. Optional (multi -year) one hundred (100) percent Resident Occupied 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 Section
26.470.050(A)(4)) that are totally comprised (one hundred (100) percent) of Resident Occu-
pied housing up to a cumulative ceiling of one hundred (100) RO units. The number of allot-
ments available in the optional (multi -year) one hundred (100) percent ..ffordable housing al-
lotment pool shall be calculated no later than June 1 of each year.
(Ord. No. 39=1999 § ; Ord. No. 18-2000 § 1)
26.470.060 Annual Development Allotment - Commercial and Office.
A. _ Establishment of base allotment pool. 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, allo-
cated as follows:
1. Eight thousand, (8,000) square feet of net leasable commercial and office space within the
Commercial Core (CC) and Commercial (C-1) zone districts.
2. Six thousand (6,000) square feet of net leasable .commercial and office space within the
Neighborhood Commercial (NC) and Service/CommerciaUIndustrial (SCI) zone districts.
3. Four thousand (4,000) square feet of net leasable commercial and office space within the
Office (0) zone district; and
4. Two thousand (2,000) square feet of net leasable commercial and office space within the
Commercial Lodge (CL) and all other zone districts not otherwise specified in this section.
605 (Aspen 11/00)
26.470.060
5. Four thousand (4,000) square feet a year of net leasable commercial and office space for
properties previously zoned Lodge Preservation (LP), and compliance with Section
26.470.060(M) "Change in Use/Lodge Expansion."
B. Establishment of reserve allotment pool.
l . 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 26.470.050(A). If, as
a result of development exempted pursuant to Section 26.470.060 that is deducted from the
annual development allotment there shall be less than thirty (30) percent of the annual devel-
opment 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 from the allotment available in the next year.
C. Maximum allotment pool. 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 be established pursuant to Section 26.470.050(A).
2. Any excess development allotments awarded during. prior years pursuant to Section
26.470.050(B) shall be deducted from the annual development allotment, if applicable.
3. Any development allotments which the City Council shall. have carried over pursuant to'
Section 26.470.050(B)(3) shall be added to the annual development allotment, if applicable.
4. Any phased development allotments which the City Council shall have awarded pursuant
to section 26.470.050(C) shall be deducted from the annual development allotment, if appli-
cable.
S. Any commercial or office square footage exempted pursuant to Section 26.470.060 and for
which building permits have been issued shall be deducted from (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 26.470.050(E) shall be deducted from the annual development allotment, if applicable.
7. Any development allotments which have expired pursuant to Section 26.470.110 shall be
added to the annual development allotment, if applicable.
(,kspe-n I1/00) 606
26.470.060
D. Excess allotment pool.
1. In awarding development allotments, the City Council may authorize development in ex-
cess of the maximum amount of development allotted for a year established in Section
26.470.050(A). Excess allotments, however, shall not exceed twenty-five (25) percent of the
annual development allotment established in Section 26.470.050(A).
607 (Aspcn 1 lroo)
26.470.070
2. Any allocation of excess development allotments shall be off -set by a reduction in succes-
sive 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 26.470.050(A).
E. 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 26.470.050(A) shall
be reduced by the amount of development allotment permitted by the approval. In order to be eligi-
ble for the award of allotments from future years under this Section, it shall be necessary to demon-
strate compliance with Section 26.470.100(A-D).
F. Unallocated surplus allotments.
If following the award of development allotments there shall remain unallocated develop-
ment allotments, the City Council, following a public hearing for which notice has been given
pursuant to Section 26.304.060(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 these remains_. unallocated development allotments.
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 devel-
opment which is granted, the unallocated allotments, including issues of scale and infra-
structure capacity.
d. The expected impact from approved developments which have already obtained allot-
ments or exemptions, but which have not yet been built.
26.470.070 Exemptions.
The following types of.development are exempt from the growth management competition and
scoring provisions of this Title. Some types of exempt residential and tourist accommodations de-
velopment are deducted from the pool of annual development allotments and Aspen Metro Area
development ceilings; others are not. This Section describes the types of development that are ex-
empt from growth management competition and scoring, conditions or standards, if any, for exemp-
tion; and the decision making body responsible for reviewing applications for exemption.
609 (Aspen 4=)
26.470.070
A. Remodeling, restoration, or reconstruction of existing buildings.
The following exemptions shall not be deducted from the respective annual development al-
lotments established pursuant to Section 26.470.050 or from the Aspen Metro Area development
ceilings established pursuant to Section 26.470.030. Exemption review is by the Community De-
velopment Director.
I. Remodeling, restoration or reconstruction of existing commercial, lodge or multi family
buildings. The remodeling, restoration or reconstruction 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 of
use. To obtain approval to reconstruct demolished commercial or office floor area, the appli-
cant shall demonstrate that affordable housing and parking is provided for the reconstructed
floor area as if it were newly constructed space. The addition of a trellis structure to a com-
mercial restaurant use which does not expand commercial or office floor area or create addi-
tional dwelling, hotel or lodge units or involve a change of use shall be exempt. When a trellis
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 fifty (50)
percent of the overhead structure open to the sky; and c) is designed and maintained so that
snow does not accumulate to form, a closed roof -like cover. No bandit unit shall be remodeled,
restored or reconstructed unless it has first been. legalized pursuant to Section 26.520.020(C).
Z. - Reconstruction of demolished units. The reconstruction of demolished units shall be ex-
empt. An exemption request that includes a request for an extension. of the. three year deadline [
on reconstruction of demolished dwelling, hotel .and lodge units shall be. accompanied. by an
improvements survey of the structure. No demolition shall. occur until the:.Community Devel-
opment Director has verified the accuracy of the improvements- survey. The exemption for re -
constriction of a demolished unit. is available only upon .a finding .of compliance. with the. fol-
lowin r standards:
a. An applicant may propose to demolish and then delay the reconstruction of existing
dwelling, hotel or lodge units.
b. 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 demoli-
tion and shall agree that reconstruction will occur pursuant to the terms of this Section.
c. Reconstruction shall occur within five (5) years of demolition, unless an extension of
this deadline is granted by the City Council for good cause.
d. 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 reconstruc-
tion shall be permitted off -site pursuant to Section 26.520.020(D). 04A
Ca " (Aspen 4/00) 610 -
26.470.070
3. Replacement of structures listed on the Aspen Inventory of Historic Landmark Sites and Struc-
tures. A structure included on the Aspen Inventory of Historic Landmark Sites and Structures may be
removed from a property and relocated elsewhere within the City of Aspen and need not be demol-
ished in order for a replacement structure on its original site to be exempted from the growth manage-
ment competition and scoring procedures, provided that the structure is designated on the Aspen In-
ventory of Historic Landmark Sites and Structures in its new location and all necessary development
approvals are obtained from HPC and the Planning and Zoning Commission.
4. 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 (See
Chapter 26.530), and sections 26.470.070(A)(1) and (2), above.
5. Remodelinz restoration or expansion of existing single-family or duplex dwellings. The remodel-
ing, i estoration or expansion of existing single-family or duplex dwellings shall be exempt from the
growth management competition and scoring procedures.
B. Detached single family or dzeplar dwelling unit. The following shall be exempt from the growth.
management scoring and competition procedures: 1) 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
1.4, 1977, that complies with the provisions of section 26.480.020(E), or 2) the replacement after demolition
.-of one or two detached residential units or a duplex. dwelling, or 3) 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 not be deducted from
the respective annual development allotments established pursuant to section 26.470.050 or from the Aspen
Metro Area development ceilings established pursuant to section 26.470.03 0. Exemption review .is by the:
Community Development Director. This exemption shall be granted only if the following standards are
met.
1. Single-family. Iii order t . qualify for a single-family exemption, the applicant shall have five (5) -
options:
a. Providing an above grade, detached Accessory Dwelling Unit (ADU) pursuant to Chapter
26.520; or, „ .
b. Providing an Accessory Dwelling Unit authorized through Special Review to be attached
and/or partially or fully subgrade, pursuant to Chapter 26.420; or, '
c. Providing an off -site Affordable Housing Unit within the Aspen Infill Area accepted by the
Aspen/Pitkin County Housing Authority and deed restricted in accordance with the Aspen/Pitkin
County Housing Authority Guidelines, as amended; or,
d. Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County
Housing Authority Guidelines, as amended; or,
611 (Aspen 10/02)
26.470.070
e. Recording a resident -occupancy (RO) deed restriction on the single-family dwelling unit
being constructed.
2. Duple . In order to qualify for a duplex exemption, the applicant shall have six (6) options:
a. Providing one (1) free market dwelling unit and one(1) deed restricted, Resident -Occupied
(RO) dwelling unit with a minimum floor area of one thousand five hundred (1,500) square feet;
or,
b. Providing either two (2) above grade, detached Accessory Dwelling Units or one (1) Acces-
sory Dwelling unit with a minimum floor area of six hundred (600) net livable square feet pursu-
ant to Chapter 26.520; or,
c. Providing either two (2) Accessory Dwelling Units or one (1) Accessory Dwelling Unit with
a minimum of six hundred (600) net livable square feet authorized through Special Review to be .
attached and/or partially or fully subgrade, pursuant to Chapter 26.520; or,
d. Providing an off -site Affordable Housing Unit within the Aspen Infill Area accepted by the
Aspen/Pitkin County Housing Authority and deed restricted in accordance with the Aspen/Pitkin
County Housing Authority Guidelines, as amended; or,
e. Provid.ing- two (2) deed restricted Resident -Occupied (RO) dwelling units; or
f: Paying the applicable affordable housing impact fee.pursuant to the Asperi/Pitkin County
Housing .Authority Guidelnes, -as amended.
C. Historic landmark lot slit. The construction of each new single-faihily dwelling bbn a lot created
through a Historic Landmark Lot Split;pursuant to section 26.480.030(A)(4). This exemption shall not be
deducted from the respective annual development allotments established pursuant to section 26.470.050 or
Tro,m the Aspen Metro Area development ceilings established pursuant to section 26.470.030. Exemption
review is by the Community Development Director. This exemption shall only apply if the standards of sec-
tion 26.470.070(B)(1) or (2), as. applicable, are met.
D. Properties listed on the Aspen Inventory of Historic Landmark Sites and Structures.
1. Change of use. The change of use of a property listed on the Aspen Inventory of Historic Land-
mark Sites and Structures that does not increase the building's existing floor area ratio shall be ex-
empt. This exemption shall not be deducted from the respective annual development allotments or
from the Aspen Metro Area development ceilings. Exemption review is by the Community Develop-
ment Director.
2. Enlargements for additional dwelling and tourist accommodations units. The enlargement of a
property listed on the Aspen Inventory of Historic Landmark Sites and Structures that develops, on a
maximum cumulative basis:
(Aspen 10/02) 612
26.470.070
(a) not more than one residential dwelling or three hotel, lodge, bed and breakfast, boarding-
house, roominghouse or dormitory units. This exemption shall be deducted from the respective
annual development allotments and from the Aspen Metro Area development. Exemption review
is by the Community Development Director.
(b) more than one residential dwelling or more than three (3) hotel, motel,,lodge, bed and break-
fast, boardinghouse, roominghouse or dormitory units shall be exempted. This exemption is not
deducted from annual allotments or from Aspen Metro Area ceilings. Review is by Planning and
Zoning Commission. The applicant shall demonstrate that as a result of the development, mitiga-
tion of the project's community impacts will be addressed by the standards set forth at sub-
section 5, below. .
3. Enlargement for use as a commercial or office development.
a. No increase in FAR or net leasable square footage. The enlargement of a property listed on
the Aspen Inventory of Historic Landmark Sites and Structures intended to be used as a commer-
cial 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 a property listed on the Aspen Inven-
tory of Historic Landmark Sites and Structures intended to be used as a commercial or office de-
velopment which increases either the building's existing floor area ratio or its net leasable square
footage, but does not increase both, shall be exempt. Review is by the Community Development_
Director.
b. Increase in FAR and net leasable square footage. The increase in FAR and net leasable . .
square footage for a property listed on the .Aspen Inventory of Historic Landmark Sites and
�! Structures to be used as a commercial, office, or mixed use development including a residential
component shall be reviewed by the Growth Management Commission for an exemption. The.,
applicant shall demonstrate that as a result of the development, mitigation of the project's com-
munity impacts-will.be.addressed.by the standards set forth at subsection 5,.below. Upon a rec-
ommendation from the Growth Management Commission, City Council may waive, reduce, or
defer the affordable housing mitigation as required, pursuant to subsection 5(a) below, when it
finds that no employees will be generated.
4. The enlargement of an historic landmark for mixed -use as a commercial, office or lodge devel-
opment and that adds a residential dwelling unit, that increases the building's or parcel's existing floor
area ratio and its net leasable square footage shall be exempt. This exemption is not deducted from an-
nual allotments or from Aspen Metro Area ceilings. Review is by Planning and Zoning Commission.
The applicant shall demonstrate that as a result of the development, mitigation of the project's com-
munity impacts will be addressed by the standards set forth at subsection 5, below.
5. Standards for exemptions for properties listed on the Aspen Inventory of Historic Landmark Sites
and Structures. To be eligible for the exemptions of subsections (2)(b), (3)(b) and (4) above, the appli-
cant shall demonstrate that as a result of the development, mitigation of the project's community im-
pacts will be addressed as follows:
613 (Aspen 10/02)
26.470.070
(a) Affordable housing.
(1) 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 re-
view), the applicant shall provide affordable housing at one hundred (100) percent of the level
that would meet the threshold required in section 26.470.080(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 (1) percent.
(2) The applicant shall place a restriction on the property, to the satisfaction of the City At-
tomey, requiring that if, in the future, additional floor area is requested, the owner shall pro-
vide affordable housing impact mitigation at the then current standards.
(3) Any affordable housing provided by the applicant shall be restricted to the housing des-
ignee's Category 3 price and income guidelines, as set forth in the Affordable Housing
Guidelines established by the Aspen/Pitkin County Housing Authority.
Any affordable housing shall comply with the standards for affordable housing set forth in the
Aspen/Pitkin County Housing Guidelines.
(b) Parking. Parking shall be provided according to the standards of Chapter 26.515, if the His-
toric Preseivation -Corrirnission detemiiries that parking can" be provided on the site's surface and
be consistent with the review standards of Chapter 26.415, if applicable. Any parking that*cannot i
be located on -site and that would therefore be required to be provided via a cash -in -lieu payment
shall be waived.
(c) The development's water. supply, -sewage treatment,, solid- waste disposal, drainage control,
transportation and fire protection impacts shall be mitigated to the satisfaction of the Planning
and Zoning Cornmission. : t
(d) Compatibility. 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 effec-
tiveness of the service delivery area.
E. Expansion of commercial or office uses. The expansion of an existing commercial or office use in a
building shall be exempt 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 em-
ployees 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 expan-
sion and that parking will be provided; that there will -be minimal visual impact on the neighborhood from
the expansion; and that minimal demand will be placed on the city's public facilities from the expansion.
(Aspen 1 oroz) 614
26.470.070
1. An expansion of not more than two hundred fifty (250) net leasable square feet, excluding em-
ployee housing shall be reviewed by the Community Development Director. Expansion of a building
which occurs in phases shall be limited to a maximum total of two hundred fifty (250) net leasable
square feet and shall be evaluated in terms of the cumulative impact of the entire project.
2. An expansion of an existing commercial or office building of two hundred fifty-one (251) to five
hundred (500) net leasable square feet, excluding employee housing shall be reviewed by the Planning
and Zoning Commission. Expansion of a building which occurs in phases shall be limited to a maxi -
MUM cumulative total of five hundred (500) net leasable square feet and shall be evaluated in terms of
the cumulative impact of the entire expansion.
F. Change in use. A change in use of an existing structure between the residential, commerciaUoffice
and tourist accommodations categories (irrespective of direction) for which a Certificate of Occupancy has
been issued for at least two (2) years and which that is intended to be reused, shall be exempt from the
growth management competition and scoring procedures. This exemption is deducted from the respective
annual development allotment established pursuant to section 26.470.040 and from the Aspen Metro Area
development ceilings established pursuant to section 26.470.030. Review is by Planning and Zoning Com-
mission. This exemption is available provided the following conditions are met:
1. A minimal number of additional employees will be generated by the change in use and that em=
ployee housing -will be provided for. the additional: employees generated;
2. A.minimal amount of additional' parking spaces will be demanded by the change in use and that
parking will be provided;
J. There will be;, -minimal visual -impact on the neighborhood ,from the change in use;
4. 1VMinimal:demand will be placed, on.the city',s public facilities,from _the change in use;
5. No zone change is required;
6. No more than one residential unit will be created; and
7. The proposed use is consistent in all respects with the AACP.
G. (Reserved)
H. Construction of essential public facilities. This exemption is not. deducted from the respective annual
development allotment established pursuant to section 26.470.040 or from the Aspen Metro Area develop-
ment ceilings established pursuant to section 26.470.030. Review is by City Council. This exemption is
available provided the following conditions are met:
1. Except for housing, development shall be considered an essential public facility if:
615 (Aspen 10ro2)
26.470.070
a. 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.
2. An applicant for an exemption pursuant to this section shall be required to demonstrate to the sat-
isfaction of the City Council:
a. That the impacts of the essential public facility will be mitigated, including those associated
with:
i. the generation of additional employees, the demand for parking, road and transit ser-
vices, and
ii. 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 demon-
strated that:
iii. 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.
11. Notwithstanding the criteria as set forth in subsections (1) and (2), above, the City Council may
determine upon applicationthat development associated, with a nonprofit entity qualifies as an essen-
tial public facility and may exempt such development from the growth management competition and
scoring procedures and from such mitigation requirements as it deems appropriate and warranted.
I. 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-
tion 26.480.03 0(A)(2). The existing original lot does not need to be developed in order to be eligible for this
exemption. Once split, the development or redevelopment,. as applicable, of the -resulting lots shall be sub-
ject -to the provisions of section.26.470.070(B). This exemption is deducted from the respective annual de-.
velopment allotment established pursuant to section 26.470.040 or from the Aspen Metro Area develop-
ment ceilings established pursuant to section 26.470.030. Review is by City Council.
J. 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 competition and scoring procedures.
The review of any request for exemption of housing pursuant to this section shall include:
l . A determination of the city's need for affordable housing.
2. The proposed development's compliance with the Aspen Area Community Plan, housing sec-
tions, and addendum of said plan.
3. The proposed location, number, type, size, rental/sale mix, and price/income restrictions of the
affordable housing units.
(Aspen 10/02) 616
26.470.070
4. The phasing of affordable housing unit production in relation to impacts being mitigated
through such provision.
This exemption is deducted from the respective annual development allotment established pur-
suant to Section 26.470.040 and from the Aspen Metro Area development ceilings established
pursuant to Section 26.470.030. Review is by City Council.
K. Accessory uses in mixed use development. Development of accessory uses in a mixed use de-
velopment shall be exempt from the growth management competition and scoring procedures. This
exemption is deducted from the respective annual development allotment established pursuant to
Section 26.470.040 or from the Aspen Metro Area development ceilings established pursuant to
Section 26.470.030. Review is by City Council. This exemption is available provided the following
conditions are -met:
1. The proposed development consists of a building or buildings designed as an integrated.
whole that contains uses requiring the submission of development applications for an allot-
ment in more than one of the categories of Section 26.470.040.
2. 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.
.3. In conjunction with the application for exemption, an application is submitted pursuant to
Section 26.470.0801hat receives a development allotment for the principal use.
4. 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 Section 26.470.080(C)(5) for the accessory. use..
5. The sitet-des gn and architecture of -the accessory use, is valuated in conjunction,witli the
review of the development application for the principal use pursuant to Section 26.470.080.
L. Free market residential, AH associated. Free market residential development in the AH zone
district shall be exempt from the growth management competition and scoring procedures.
M. Lodge Preservation Program. Development, or redevelopment after demolition, of properties
zoned Lodge Preservation (LP) Overlay to increase or decrease the number of lodge units, the
number of affordable housing units, or the amount of accessory commercial square footage,' or
the change in use between said uses, shall be exempted from the growth management competi-
tion and scoring procedures, provided that the Planning and Zoning Commission determines,
at a public hearing, that the following criteria are met:
1. The proposed development is consistent with the Aspen Area Community Plan.
617 (Aspen 4MI)
26.470.070
2. The proposed development is compatible with the character of existing land uses in the
surrounding area and with the purpose of the Lodge Preservation (LP) Overlay Zone District.
3. Employee housing or cash -in -lieu will be provided to mitigate for additional employees
generated by the development or to mitigate for the demolition of multi -family housing, as re-
quired by section 26.530. This shall include an analysis and credit for existing employee gen-
erasion and the incremental impact between the existing development and the proposed devel-
opment. A recommendation from the Aspen/Pitkin County Housing Authority shall be consid-
ered for this standard.
4. Adequate parking spaces and public facilities exist, will be provided for the development,
or that adequate mitigation measures will be provided. An existing deficit of required parking
may be maintained through redevelopment.
5. There exists sufficient GMQS allotments to accommodate the proposed development and
the allotments are deducted from the respective Annual Development Allotment and. Metro
Area Development Ceilings established pursuant to Section 26.470.050.
N. Conversion of residential reconstruction credits to tourist accommodations units. The con-
version of reconstruction credits derived from the demolition of residential dwelling units: pursuant
to Section 26.470.070(A)(2) to tourist accommodations units shall be exempt from the growth man-
agement competition and scoring procedures.. This exemption. is deducted from.. the Aspen Metro.
Area development ceilings:, established pursuant to. Section 26.470.030. Exemption review is .by .
City Council. This exemption shall only be granted if the following standards are met:.
1. Demolished residential .dwelling units shall be converted to tourist accommodation units at
the rate of 2.95 tourist accommodations units per each one residential unit;
; 2.. Tourist accommodations units. obtained.purs.uant .to this exemption shall only be developed, .
in those zone districts .in which lodge and hotel units are a permitted use;
3. Development of the tourist accommodations units shall be limited to the same parcel from
which the reconstruction credits were derived, on a contiguous parcel owned by the applicant,
or within a Planned Unit Development approved pursuant to Chapter 26.445;
4. Employee housing or cash -in -lieu thereof shall be provided to mitigate for additional em-
ployees generated by the development.of the tourist accommodations units;
5. The proposed development is compatible with the character of the'existing_land uses in the
surrounding area and the purpose of the underlying zone district;
6. Adequate parking and public facilities exist or can be provided for the development; and,
(Aspen 4MI) 618
26.470.080
7. The proposed development is consistent with the Aspen Area Community Plan.
0. Conversion of lodge reconstruction credits to residential dwelling units. The conversion of re-
construction credits derived from the demolition of tourist accommodation units pursuant to sec-
tion 26.470.070(A)(2) to residential dwelling units shall be exempt from the growth management
competition and scoring procedures. This exemption is deducted from the Aspen Metro Area de-
velopment ceilings established pursuant to section 26.470.030. Exemption review is by City
Council. This exemption shall only be granted if the following standards are met:
1.• Demolished tourist accommodation units shall be converted to residential dwelling units at the
rate of 0.34 residential dwelling units per each one tourist accommodations unit;
2. Residential dwelling units obtained pursuant to this exemption shall only be developed in
those zone districts in which residential units are a permitted use;
J. Development of the residential dwelling units shall be limited to the same parcel from which .
the reconstruction credits were derived, on a contiguous parcel owned by the applicant, or within a
Planned Unit Development approved pursuant to Chapter 26.445;
4. Employee housing or cash -in -lieu thereof shall be provided to mitigate for additional employ-
ees .generated by, the,.development of the residential dwelling units;
5. 'The proposed development is compatible with the character of the of the existing land uses in
the surrounding area and:the purpose of the underlying zone district;
6. Adequate parking and public facilities exist or can be provided for the development; and,
7. The proposed development is consistent with the Aspen Area Community Flan. (Ord. No..,44-
1999, § 2; Ord. No. 39-4999 § 1; Ord. No. 5-2000 §§ 5, 7;:Ord. No. 41-2000, § 3; Ord.-No:55
2000, § § 8, 9; Ord. No. 46-2001, -§ 2; Ord. No. 51-2001 § 1, 2001; Ord. No. 1-2002 § 10 (part),
2002; Ord. No. 17-2002 § 3 (part), 2002)
26.470.080 Development allotment and application procedures.
A. General.
1. Number of development applications. No more than one development application for any par-
cel shall be considered in one year, unless each development application is submitted for an al-
lotment in a different land -use development category.
2. Allulti-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 con-
structed on each parcel and a weighted value calculated for the points in each category.
619 (Aspen 10/02)
26.470.080
3. HPC conceptual approval. In the event that Historic Preservation Commission approval is
needed for any proposed project, the Historic Preservation Commission'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 from the Historic Preservation Commis-
sion prior to receipt of a development order.
4. Consolidated applications. Development applications for any development activity that is con-
solidated with a development application for allotment shall only receive final approval to the ex-
tent to which the project obtains necessary development allotments.
B. Allocation procedures for exempt development.
1. 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 develop-
ment allotment for exempt development may be submitted to the Community Development Direc-
tor at any time of the year.
2. 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.
3. Procecz'zrres or review. TheTollowing procedure shall'be followed to review -applications for..
exempt developments. "Exceptional" exempt projects'located in the AH/PUD zone:district shall
be reviewed in accordance with the. procedures for review for non-exempt projects as set forth at.
section 26.470.070(C).
a. Community Development. Director.review. Applications for exemptions eligible for re-
viewed by the Community Development Director shall be submitted to the Community Devel-
opment Director who shall review the application for completeness, refer the application to all
appropriate city staff and *thereafter determine, based on the appropriate standards, if the appli-
cation should be approved, approved with conditions, or disapproved.
b. Growth Management Commission review. After the Community Development Director
has determined that the application for exemption is complete, the application shall be for-
warded to the Growth Management Commission for review and consideration at a public hear-
ing-. Notice of the hearing shall be by publication (See section 26.304.060(E)). The Growth
Management Commission shall by resolution approve, approve with conditions, or disapprove
the application. In the event that there are insufficient allotments available to accommodate all
applications for exempt development, a random drawing shall be held in accordance with the
standards of section 26.470.070(B)(4).
C. Planning and Zoning Commission review. After the Community Development Director
has determined that the application for exemptions is complete, the application shall be for-
warded to the Planning and Zoning Commission for review and consideration at a public hear-
ing. Notice of the hearing shall be by publication, posting, and .mailing (See section
(Aspco ioroz) 620
26.470.080
26.304.060(E)). The Planning and Zoning Commission shall by resolution approve, approve
with conditions, or disapproved the application. In the event that there are insufficient allot-
ments available to accommodate all applications for exempt development, a random drawing
shall be held in accordance with the standards of section 26.470.070(B)(4). Applications for
lodge, affordable housing, or accessory commercial square footage development within the
Lodge Preservation (LP) Overlay Zone District shall be forwarded to the Planning and Zoning
Commission for review and consideration at a public hearing after the Community Develop-
ment Director has determined that the application for exemption is complete and has made a
recommendation for approval, approval with conditions, or disapproval. Notice of the hearing
shall be by publication, posting, and mailing (See section 26.304.060(E)). The Planning and
Zoning Commission shall by resolution approve, approve with conditions, or disapprove the
application. In the event that there are insufficient allotments available to accommodate all ap-
plications for exempt development, a random drawing shall be held in accordance with the
standards of section 26.470.080(B)(4).
d. City Council Review. An application for a lot split or conversion of residential reconstruc-
tion credits to tourist accommodation units shall not be reviewed by the Growth Management
Commission, but instead shall be forwarded directly to the City Council for consideration.
Other than an application for a lot split or conversion of residential reconstruction credits to
tourist accommodation units, an application for review by City Council requires a. two step,.
process. Exempti.on.requests.for essential public facilities or.for accessory.uses in a mixed -use.:.
development shall require review by the Planning and Zoning Commission and final reviewby
the City Council. Exemption requests for affordable housing or for free market residential AH
associated developments shall require review by the Housing Board and final review by the
City Council.% When two steps are required, the following -procedures must be adhered- to.'
Step One -After the Community Development Director has determined that the application for '
exemption i8 complete; the application shall be forwarded to the Board/Commission specified"
above (in the preceding paragraph). Review -by -the Housing Authority shall be administered by
the Executive Director of the Authority and shall be referred to the Executive Board as' neces-
sary. Review by the Planning and Zoning Commission requires a public hearing for which no-
tice has been published, posted and mailed (See section 26.304.060(E)). The Commission shall
by resolution recommend to the City Council approval, approval with conditions, or disap-
proval of the application.
Step two - A public hearing before City Council. Notice of the hearing shall be by publication
(See section 26.304.060(E)). The City Council, following a public hearing, shall by ordinance
approve, approve with conditions, or disapprove the application. In the event that there are in-
sufficient allotments available to accommodate all applications for exempt development, a ran-
dom drawing shall be held in accordance with the standards of section 26.470.080(B)(4).
4. General allocation procedures for exempt development. Development allotments shall be allo-
cated on a first -come -first -served basis, provided that all applications submitted on the same day shall
be construed to have been submitted at the same time. In the event that the number of development ap-
plications submitted on the same day exceeds the number of development allotments available, a ran-
621 (Aspen 10/02)
26.470.080
dom 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 follow-
ing May 31. In the event that additional allocations become available on or before May 31, develop-
ment allotments shall be allocated on the basis of the original random drawing. If allotments are avail-
able 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 ex-
pire and be ineligible for allocation until a new application is submitted.
C. Allocation procedures for non-exempt development.
l . Application deadline. A development application for a development allotment for non-exempt
development shall be submitted to the Community Development Director pursuant to Common
Development Review Procedures, Chapter 26.304, on or before the following dates: .
Land Use/Development Type
Tourist Accommodations
Residential
Commercial or Office
2. Application contents.
Submission Date
a. General. An application, for development allotments for non-exempt development shall be
submitted in a form established, by the Community Development Director and made available
to the public. An applicant may amend an incomplete application to -make technical corrections
or clarifications. An applicant -may also make substantive changes to a complete application
prior to scoring if there are sufficient allotments available to'accommodate the number of a1=
lotntents requested by all of the applications competing'for allotments. Complete applications
may not be amended prior to scoring if there are not sufficient allotments available for all sub-
mitted applications.
b. Application contents for Residential or Tourist Accommodations Development and for
Commercial or Office Development. In addition to the general application contents set forth
above, applications for non-exempt developments shall include the following:
(1) A written description of the proposed development including statements about:
1.
(a) How the proposed development shall be connected to the public water system, in-
cluding 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.
(Aspen 10/02) 622
26.470.080
(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 de-
velopment proposed; total number of units and bedrooms, including employee housing;
and a tabular analysis outlining the proposed development's compliance with the dimen-
sional and use requirements of this title.
(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.de-
veloprnent; the total number of vehicles expected to use or be stationed in such'develop
men.t;-the hours ofprincipal 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 automobile disincentive techniques incorporated in the proposed development; `
whether -toads of 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 the Aspen/Pitkin County Affordable Housing Guidelines, and a description
of the type and-arnount of such -housing to be provided:--
6 22a (Aspen 10/02)
26.470.080
(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 in-
creased 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 pro-
posed development. This does not apply.for a development application for commer-
cial/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 construction.
2. 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 energycon-
servation or solar'energy utilization features), type of units, internal configuration of prin-
cipal, 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
to be provided on -site, and proposed underground utilities.
space, amenities
(c) ' Motor vehicle circulation, parking, bus and transit stops, and improvements proposed
to insure privacy from such areas.
(d) Any major streets or roads, pathways, foot, bicycle or equestrian trails, and greenbelts
located on or adjacent to the site.
622-1 (n.spca arol)
26.470.080
(e) A general description and location of surrounding existing land uses, and an identifica-
tion of the zone district boundary lines, if applicable.
3. Procedures for review. An application for non-exempt development requires a two step
process: Review by the Growth Management Commission and final. review by the City Coun-
cil.
(1) Step One - A public hearing before the Growth Management Commission. After the
Community Development Director has determined that the application is complete, the ap-
plication shall be forwarded to the Growth Management Commission for review and scor-
ing at a public hearing.
(a) Notice of the hearing shall be by publication, posting and mailing (See Section
26.304.060(E)).
(b) The Growth Management Commission shall proceed as set forth at sub -Section 4,
below (Ranking procedures and standards) and by resolution recommend to the City
Council the award of development allotments in accordance with said ranking proce-
dures -and standards.
(2) Step two - A public hearing before City Council. Notice of the hearing. shall.:be ,by.:
Publication, posting and mailing. (See Section 26.304:060(E)). The City Councif, follow-
ing a public hearing, shall by ordinance allocate GMQS allotments among eligible appli-
cants,
4. Ranking Procedures and standards. The . following procedures for scoring applications.:.
shall be followed by the Growth Management Commission:.. ;
a.. The Chairperson of :the Growth Management Commission may establish time limits
for each part of the meeting prior to the beginning of the discussion. If oral presentations
are limited due to time constraints, anyone may submit written testimony to the official re-
cord of the proceedings.
b. The Community Development Director shall present a summary of his/her review of
the application(s) based upon the scoring criteria.
c. The applicant or applicant's representative may present comments regarding the appli-
cation's consistency with the scoring criteria.
d. Citizens in attendance at the public hearing, including other applicants competing for
an allotment, shall be provided the opportunity to comment.
623 (Aspen 4/00)
26.470.080
e. Members of the Growth Management Commission may ask questions of the Commu-
nity Development Director, applicant(s) or citizens, and make comments regarding the ap-
plication(s).
f. The chairperson shall close the public hearing.
g. Initial Scoring: The Growth Management Commission shall score the application(s)
on score sheets provided for this purpose and submit their individual scores to the Com-
munity Development Director for calculation of the overall score for the application(s).
(1) The Growth Management Commission shall consider and score each application
based on the scoring criteria in Section 26.470.090. The following scoring procedures
shall be adhered to:
i. Each Growth Management Commission member shall assign a whole num-
ber score (not a fractional number) to the project.
ii. Following the initial scoring, commission members shall be free to discuss
individual scores and to- offer justification for such scores.
h. Final Scoring: Following the close of Growth Management Commission discussions
regarding initial scoring; a final scoring round will be held. privately (without discussion),
during which each Growth Management Commission member shall again identify the
number of points, expressed as whole numbers, assigned to the project. Growth Manage-
ment Commission members shall be free to revise. the_ number of points awarded to a pro-
ject between the preliminary and final- scoring rounds.
(1) After the close. of the final scoring round,..a project's final average score shall be
calculated by .(1). totaling the corn.-nissioners'- 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 Sections 26.470.080(C)(1), 26.470.080(C)(2),
26.470.080(C)(3) and 26.470.080(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 7s final score.
(2) Projects shall be ranked in order of their final average scores.
(3) The project rankings and any recommendations for the award of optional maxi-
mum allotments shall be forwarded to the City Council and Board.of County Commis-
sioners.
5. 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
(Asp= goo) 624
26.470.080
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 sections 26.470.070(D) and (E).
6. 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 sections 26.470.080(C)(1), 26.470.080 (C)(2)1
26.470.080(C)(3) and 26.470.080(C)(4).
7. Identical point 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:
a. The project that received the higher point total in the greatest number of scoring catego-
ries shall be considered first in eligibility for an allotment.
b. The project that was awarded the greatest number of points for "revitalizing the perma-
nent community" shall be. considered first in .eligibility for an allotment.
c. The project that was awarded the..greatest number..of points for "providing transportation
innovations" shall be considered first in eligibility for an allotment.
d. The, proj ect that was awarded the greatest number of points for "promoting environmen-
tally sustainable development" shall be considered 'first in eligibility for an allotment.
D. Appeals.
1. Appeal o)�adverse determination by Community Development Director. An appeal from an
adverse determination by the Community Development Director on an application for exempt de=
velopment shall be to the Planning and Zoning Commission. The appeal procedures set forth at
Chapter 26.316 shall apply, The Planning and Zoning Commission may reverse,.affirm, or modify
the decision or determination of the Community Development Director based upon the application
submitted to the Community Development Director. The decision of the Planning and Zoning
Commission shall constitute the final administrative action on the matter.
2. Appeal of adverse decision by the Growth Management Commission.
a. Appeal to City Council. 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 appeal procedures set
forth at Chapter 26.316 shall apply.
b. City Council review of appeal. In reviewing an appeal, the City Council shall consider
the development applications based on the record established by the Growth Management
625 (Aspen 10/02)
26.470.080
Commission. If the City Council determines that there was a denial of due process or abuse
of discretion, 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 Com-
mission, that action shall constitute the final administrative order on the matter. The City
Council shall take such action as it deems necessary to remedy the Growth Management
Commission's action. Remedies available to City Council shall include, but not be limited to
amending the number of points awarded or remanding the development application to the
Growth Management Commission for re -scoring. The decision of City Council shall consti-
tute the final administrative order on the matter.
3. Appeal of Citv Council or Board of Countv Commissioners decision to overturn Growth
Management Commission scoring.
a. Appeal to joint City Council/Board of County Commissioners. A joint City Coun-
cil/County Commissioners meeting shall be called within thirty (30) days of the date that the
notice of appeal is filed. 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 j oint 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 and time certain. All actions shall require the concurring vote of a simple majority
of the members then present grid votinb: A tie vote by the joint City Council/Board of County
Commissioners shall -be -deemed *a decision to. uphold the Growth Management Commis- r
sion's scoring. The appeal procedures set forth at Chapter 26.316 shall apply.
b. Joint City/County review ofappeal. A joint.City- Council/County Commissioners meet-
ing shall be called within thirty (3 0) days 'of the date that the appeal is filed. In reviewing an
appeal, .the j oint City Council/Board of County Commissioners shall act on the basis. of.the
record established by the Gro,,nth Manag m..ent .Commission.. The appellant shall have the.
burden ofpersuasion 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 Com-
mission 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 Commis-
sion'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 restoring.
The decision of the joint City Council/Board of County Commissioners shall constitute the
final administrative order on the matter.
E. Allocation. Following the conclusion of all appeals, the City Council shall, by ordinance, allocate
development allotments among eligible applicants who meet the minimum threshold established in sec-
tion 26.470.090(B) or 26.470.100(B), as applicable, in the order of priority established by their rank.
Those applicants having received allotments may proceed to apply for any further development ap-
(Aspen 10/02) 626
26.470.090
provals required by this chapter or any other regulations of the city. Those development applications
that have not met the minimum threshold established in section 26.470.090(B) or 26.470.100(B), as
applicable, shall be denied.
F. 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. However, development allotments shall run with the land to which they are as-
signed. (Ord. No. 39-1999 § 2, 3; Ord. No. 18-2000 § 2; Ord. No. 55-2000, §§ 10, 19; Ord. No. 17-
2002 § 3 (part), 2002)
26.470.090 Growth management scoring criteria - Residential and Tourist Accommodations.
A. Applicability. The scoring criteria of this section shall be used in evaluating all non-exempt resi-
dential and tourist accommodations development applications within the Aspen Metro Area. The crite-
ria are based on the visions and goals of Aspen area residents, as expressed in the Aspen Area Conimu-
nity 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 dif-
ferent ways and that not all of the specific objectives and sample implementation methods are applica-
ble to all types of development.
B. Scoring. Points shall be awarded for performance relative to each of the four scoring criteria. Pos-
sible scores for each criterion shall range.fr.,om zero (0),,the lowest possible.score,.to five (5), the high-.,
est 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 rea-
sonable expectations given their size and scale. A score. of zero (0) 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 (3) 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 (5) 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(0) to
five (5) will be awarded based on the degree to which projects will implement stated goals. Points may
be awarded in whole numbers only (no fractions). No growth management allocation shall be awarded
to projects that do not receive a final average score of at least three (3.0) points for each of the growth
management scoring criteria of sections 26.470.090(C)(1), 26.470.090(C)(2), 26.470.090(C)(3), and
26.470.090(C)(4). In the averaged scores, it is permissible for fractions to result, and rounding -off will
not be required.
C. Criteria. The four (4) following community character -based scoring criteria are intended to en-
courage imaginative, innovative and flexible approaches to advancing the visions. of Aspen area resi-
dents. 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 meth-
ods does not exhaust the range of possible actions for which points will be awarded. Those wishing to
627 (Aspen ]0/02)
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.
1. Revitalizin,z the permanent community. Residents of the Aspen area have long recognized the
need to preserve the community's character and identity as more 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 recog-
nize, too, that the vitality brought to the Aspen area by frill -time residents is being seriously di-
luted 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 of the social fabric.
These are a variety of ways in which a project might address the goal of revitalizing the perma-
nent community, including, but not limited to the following:
a. Providing high -quality, on -site, affordable housing for permanent residents consistent
with the Housing Authority Guidelines;
b. Providing site -appropriate mixing -of free market and affordable housing for efficient
provision of services such as transit, .and for.. discouraging site planning -that segregates af:
fordable and free market units,
c. Creating affordable dwelling units through buy -downs or conversion of existing free
market units; and
d. Providing "locally -serving commercial space/businesses."
2. 'Providing transportation alternatives::Reducing'dependency on the automobile is vital for
the long-term livability and health of the Aspen area. The Aspen Area Community Plan envisions
a time in the not -too -distant future when the automobile is not the dominant means of moving
people in and around the community. The Aspen Area Community Plan seeks a balanced, inte-
grated 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:
a. Reducing the need for private vehicles as a form of transportation;
b. Facilitating and encouraging year-round pedestrian transportation;
c. Helping to implement a valley -wide mass transit system;
(Aspen loroz) 628
26.470.090
d. Providing needed improvements to the existing RFTA system;
e. Increasing the number of available transportation choices;
f. Creating a less congested downtown core;
g. Helping to implement the transportation planning policies of the AACP and the Aspen to
Snowmass transportation plan;
h. Altering land use patterns to accommodate and contribute to a more efficient and effec-
tive transit system;
i. Creating, improving or expanding public commuter trails,, walkways or bikeway facili-
'des that are consistent with the goals of the AACP and associated plans, such as the pedes-
trian/bikeway plan;
j. Locating developments near transit facilities;
k. Providing on -going transportation to and from the airport, ski areas and shopping areas;
1. Providing on -going employee trazts.portation services ,such as van pools or buses at.no
cost to employees;
m. Providing bicycle parking, showers ,and lockers for employees; and
n. Providing' secure bicycle storage -for guests and employees.
3. Promotin.!Z environmentally sustainable develo merit.. The natural environment is one of the com-
munity's greatest assets -As a -re- suit; "o"nly that:development-that`i8 environmentally sensitive and that
promotes individually responsible, ecological lifestyles shall be allowed. This subsection 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 environmen-
tally sustainable development, including, but not limited to the following:
a. Orienting building sites, streets and other project features in order to maximize potential -
for use of solar energy and other renewable energy resources;
b. Protecting and preserving existing trees and other mature vegetation during and after the
construction process;
c. Using fewer or cleaner wood-buming devices than allowed by law;
d. Removing or replacing existing, dirty wood -burning devices;
629 (Aspen 10/02)
26.470.090
e. Increasing community access to natural and open space areas;
f. Promoting community recycling efforts;
g. Landscaping with low -water -use plant materials and using chemical -free landscape
maintenance techniques;
h. Employing measures that reduce PM-10 levels in the non -attainment area;
i. Preserving and efficiently using environmental resources during all phases of develop-
ment, including types of materials used and future energy and material needs of the project;
j. Completely avoiding ridgeline development and natural hazard areas as defined in Sec-
tion 24.65.1.103, C.R.S.;
k. Enhancing existing wildlife habitat; and
1. Complying with the letter and spirit of Chapter 26.435, Environmentally Sensitive Ar-
eas, as applicable.
4. Maintaininz design quality, historic compatibility and community character. Design within
the larger historic settina'of the community is important as'it is a vital component of the co!=u-
nity's economic well-b " `d aril cultural heritage.Public"architecture should support and enhance
community life. The goal of this subsection is to ensure'the maintenance of community character
through design quality and compatibility with historic features....:.: .
There are a variety of ways in which a project might address the goal of maintaining design qual-
ity, historic compatibility and community character; including, -but-not limited to the following:
a. Restoring properties listed on the Aspen Inventory of Historic Landmark Sites and Struc=
tures;
b. Improving and maintaining the appearance and function of alleys for commercial, office
and residential uses;
c. Ensuring design compatibility with existing buildings in the vicinity of the proposed pro-
ject, in terms of scale, massing, building materials, fenestration, other architectural features,
and open space;
d. Including porches or other "pedestrian -friendly" features;
e. Retaining and promoting eclectic and diverse businesses along Main Street that maintain
and enhance the special character of the historic district;
f. Ensuring the site's usability for social activities.
(Aspen 10/02) 630
26.470.090
D. Additional criteria for City Council review of multi year development allotment requests. The
Growth Management Commission may recommend and the City Council may award optional multi-
year maximum allotments as part of its ranking and allocation review conducted pursuant to the proce-
dures of section 26.480.070(C). In addition to the criteria of subsection (C), above, requests for op-
tional multi -year maximum allotments (which are reserved for exceptional non-exempt projects that
exceed the minimum score for an allotment or for exceptional exempt projects located in the AH/PUD
zone district) shall also be reviewed against the following standards:
1. 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.have been met.
a. The quality of the proposed development substantially exceeds that established in the
mini-inum threshold for the scoring. established in section 26.470.080(C)(5);
b. The proposal maximizes affordability, consistent with housing needs established as pri-
ority through the current Affordable Housing Guidelines;
c. The proposal integrates a mixture of economic levels and housing for a variety of life-,
styles (e.g., singles, seniors and families);
d. The propo��a1minimizes 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 orintegrates"With an existing local based economy, (.i.e.,, sus
tainable local businesses);
f. The proposal.:accornplishes-�i 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 de-
scribed in the scoring criteria of this chapter (sections 26.470.080(C)(1), 26.470.080 (C)(2),
26.470.080(C)(3) and 26.470.080(C)(4)).
2. Optional multi -year allotments. After consideration of the recommendations of the Growth
Management Commission, City Council may award optional (multi -year) allotments if a project
complies with the Community Planning Criteria, above, as well as the following standards:
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 con-
struction occurring at once; the proposed development is intended as a single building that
cannot easily be constructed or operated in phases; and the public facility investments for the
631 (Aspen 10/02)
26.470.100
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 neighbor-
hood and the Aspen Metro Area as a whole will be reduced by construction at one time rather
than phasing it over two (2) 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 Aspen 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 drain-
age), affordable housing, park and recreation facilities, solid waste facilities, police and fire
protection facilities, hospitals and schools. (Ord. No. 1-2002 § 10 (part), 2002)
26.470.100 Growth Management Scoring Criteria —Commercial and office development.
A development application requesting development allotments for commercial or office develop-
ment shall be assigned points by the Growth Management Commission pursuant to the following stan-
dards and point schedules:
-A. Applieavility. The scoring ctiteria of thia'section shall b'e used in` evaluating- all non=exempt.
commercial and office 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
(Aspen 10/02) 632
26.470.100
Plan. The criteria are universal in nature; they will be used in evaluating. both commercial and of-
fice development. It is recognized that different types of projects will be able to address the criteria
in different ways.
B. Scoring. 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:
1. The proposed development shall be required to receive a minimum of sixty (60) percent of
the total points available under Sections 26.470.100(A) and (B); and
2. The proposed development shall be required. to receive a minimum of forty (40) percent of
the points available under each of Section 26.470.100(A) and (B); and
The proposed &°velopment shall be required to provide affordable deed restricted housing
(according to the standards of the Affordable Housing Guidelines) for a minimum of sixty (60)
percent of the employees generated by the proposed development using the standards of Sec-
tion 26.470.100(C).
C. Criteria.
1. (duality of design (maximum eighteen (18) .points). Each development application shall
be .rated based on the exterior quality of its buildings and the quality of its site design, and as-:
signed points according to the following standards and considerations:
--1 — 1 f ; �«.+.• —:''r" _�',���1�:i «i. �:: .•`' c .; �,
fr 0 y A totally deficient design,
7
:l A ma�or.design
T daz desY Y a
K 4
cceptable (but sfan
r
The following features shall berated accordingly:.
a. Architectural design (maximum three (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 desi Qn (maximum three (3) points). Considering the quality, character, and appro-
priateness of the proposed layout, landscaping, and open space areas, the amount of site
coverage by buildings, the extent of underground utilities, and the arrangement of im-
provements for efficiency of circulation, including access for service, increased safety and
privacy, and provision of snow storage areas.
c. .EnerRy conservation (maximum three (3) points). Considering the use of passive
and/or active energy conservation techniques in the construction and operation of the pro-
posed development, including but not limited to insulation, glazing, passive solar orienta-
633 (aspen goo)
26.470.100
tion, efficient heating and cooling systems and solar energy devices; the extent to which
the proposed development avoids wasting energy by excluding excessive lighting and inef-
ficient wood burning devices; and the proposed development's location with regard to the = "
potential for solar gain to result in energy conservation.
d. .Amenities (maximum three (3) points). Considering the provision 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 three (3) points). Considering the scale and location of the
building(s) in the proposed development to prevent infringement on designated scenic
viewplanes.
f. Trash and utility access areas (maximum three (3) points). Considering the extent to
which required trash and utility access areas are screened from 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, provide users
with recycling bins, and provide enclosed trash bins, trash compaction or other unique
measures.
.2. Availability of public facilities and services (maximum ten (I0) points). Each develop-
ment application shad. be rated on, the basis 'of its impact upon public facilities and services. -by
the assigning of points according to`fhe •following standards and considerations:'
'roposed development regui=es the p-o-vzsion of -new Du . &_tad tie
nd servYees at Increased public expense, - _���}== f��_-�=�-- '
aa` - - - - -
o se eve e
t to m ntna .lie :handleci'b exen t- - `ii`blic-facilities:
end services, or any public facility_ or sexvsce improvemznts a.a . b
he applicant..benefits the proposed development -only, anti notthe
urea:in general; or _ _ _ ---
'=oose�d e elo p zi ent im roves~the:�ava la i = - l iblie' .ac` 'e"
p P p.' of_p f iltl s
ind :services_ 1n .the area without=increased, unclue.pubhc; expense `
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.
a. Water supply/yire protection (maximum two (2) points). 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 re-
viewed, considering the ability of the appropriate fire protection district to provide services
according to established response times without the necessity of upgrading available facili-
des; the adequacy of available water pressure and capacity for providing fire fighting
open 4100) 634
26.470.100
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 two (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 Imaximum two (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 streets to serve the proposed development without substan-
tially altering existing automobile and pedestrian traffic patterns, creating safety hazards or
maintenance problems, overloading the existing street system or causing a need to extend
the existing road net )ork and consider the applicant's commitment to install the necessary
road system improvements to serve the increased usage attributable to the proposed devel-
opment.
d. Storm drainage (maximum two (2) points). Considering the degree to which the appli-
cant proposes to maintain historic drainage patterns on the development site. If the devel-
opment requires use of the City_ 's drainage system, the review shall consider the commit
meat by the.; applicant to install, the necessary drainage. control. facilities. and to. maintain the,
system over the long-term. -
e. Parking (maximum two (2) ooints). Considering the provisions- of parking spaces to
meet the commercial, office, and/or residential Ineeds of the proposed development as re-
quired by Chapter 26.515, and, considering the design. of .the parking spaces with respect to
their.visual.impact,. amount. of paved surface,. convenience, .and safety._ .
3. Provision .of .affordable housing (ra -mum fifteen (15) 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 the Affordable Housing Guidelines.
b. Assio-nment of points. Points shall be assigned as follows:
(1) Zero (0) to sixty (60) percent of the additional employees generated by the pro-
posed development: One (1) point for each six (6) percent housed;
(2) Sixty-one (61) to one hundred (100) percent of the additional employees gener-
ated by the proposed development: Ten (10) points for the first sixty (60) percent
housed, plus one (1) point for each additional eight (8) percent housed.
635 (Aspen 4/00)
26.470.100
The following standard shall be used in calculating the number of full-time equivalent
employees generated by the proposed development:
_:. Commercial
- :
' J
-Neighborhood Commerci
t y S`e=v ce C`6=e c allIi dustziaZ S%Cf
3 50 to.-5 ?5 enaployees%h000:aq. ft
�net`leasable) based ari Fevieur of
a
e:
o
;nth C'�t� t �: C.oury
_ c1-s�:Housin ciesi
i
i- - - -
- - _ - _ _ ter. _ -
- 1
i _
V -
Co :e c' d - - ma r z Io e!: �an otherY�� _ �3SOem ee
_ - - .C. ):. ,• ° - ..ploy , s 1,000 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.
Li order to determine the percentage of employees generated by the proposed devel-
opment who are provided with housing, the commission shall use the following crite-
ria,
-
zoe
_4T
r..
7Sres�cie'
- ;..
25: side-la�
- -
r.
—
:TlLee .
drop` 1 _g - _ 00 iesiddhts,= _
O -
Z. o z _h�iidred�:�ft�"
1-S0 s-care -feet-o 't ): q f :unl space
4. Bonus points (maximum four (4) points). Bonus points may be assigned when it is deter-
mined that a proposed development has not only met the substantive standards of Sections
26.470.100(A) through (C), 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 Sections
26.470.100(A) through (C). Any commission member awarding bonus points shall provide a
written justification of that award for the public hearing record.
D. Additional standards for City Council review of multi year development allotment requests.
In order to be eligible for the award of allotments from future years under this Section, it shall be
necessary to demonstrate compliance with all of the following standards:
(Aspen 4/00) 636
26.470.110
1. The quality of the proposed development substantially exceeds that established in the mini-
mum threshold for the scoring established in section 26.470.100(B)(1) and (3), by receiving at
least sixty-seven (67) percent 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 re-
quires but is not limited to a demonstration that beneficial 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 pro-
posed 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 from construction of the proposed development on the surrounding neighbor-
hood will be reduced by constructiuh at one time rather than phasing over two (2) or more con-
struction 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 pub-
lic 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 city's planned rate of growth and the accelerated rate due to
the proposed development: transportation (including airport; .toads, transit, pedestrian: facilities,
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...
26.470.110 Amendment of development order.
Any request to change an element of a development order authorizing a development allotment or
any substantial change to a condition or representation of an original development allotment shall con-
stitute an amendment subject to the requirements of this section. .
A. Exception. The following activities shall be exempt from these amendment procedures, provided
they are reviewed and approved by the Community Development Director prior to construction, except
as allowed for during actual development under (2), below:
1. Any change required to be made to a development order to respond to conditions imposed
upon the proposed development by the Growth Management Commission, Planning and Zoning
Commission, or the City Council during the review of other development applications relevant to
the proposed development; and
2. Any insubstantial modification to the development order, which shall be limited to technical
or engineering considerations first discovered during actual development that could not reasona-
bly be anticipated during the review process, or any other minor change that the Community De-
63 7 (Aspen 10/02)
26.470.110
velopment 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 an amendment to a resolu-
tion or ordinance approving a development allotment or to the conditions of such an approval:
l . Any proposed change to a development application prior to its receipt of a development or-
der. A development application that has not yet received a development order shall only be
amended for purposes of clarification or technical correction.
2. Any proposal that would change the use of the proposed development between residential,
commercial, or lodge.
J. 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 for review. An application to amend a resolution or ordinance approving a develop-
ment allocation requires a two step process: review by the Growth Management Commission and final
review by the City Council.
i . Ste one - A`public'hearirig before the Growth Management Commission. After the Commu-
nity Development Director has determined that the application is complete, the application shall
be forwarded to the Growth Management. Commission for review and the Commission shall (a) _
accept the recommendations of the Community Development Director for re -scoring; (b) re -score
the application itself; (c) consider whether any conditions shall apply; or if any proposed activities
are prohibited; and, (d) forward its recommendations to the City Council. Notice of the hearing
shall be by publication,. posting and. mailing (See section 26.304.060(E)). The Growth Manage-
.ment Commission shall, by resolution, recommend to the City Council any amendments to the
development allocation.
2. Step two - A public hearing before City Council. Notice of the hearing shall be by publica-
tion, posting, and mailing. (See section 26.304.060(E)). The City Council, following a public
hearing, shall (a) consider any challenges by the applicant; and, (b) either affirm the allotment to
the proposed development, with any conditions that may apply, or deny the requested 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:
l . A written description of the proposed amendment, including a category -by -category evalua-
tion of whether the proposed development will continue to meet or is proposing to change its pre-
vious commitments.
(Aspen 10/02) 638
26.470.120
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, road and parking installations as originally approved and as proposed for amendment.
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 Commis-
sion to the original approval and to the proposed amendment. The development allotment shall be
amended if the City Council determines that the score under each criteria of section 26.470.100(C)
awarded to the amended project is equal to or greater than that awarded to the originally approved de-
velopment. (Ord. No. 17-2002 § 3 (part), 2002)
26.470.120 Development order —Expiration.
A. Receipt of development order. Developments that have been awarded allotments under the provi-
sions of this Growth Management Quota Systeill shall be eligible to receive a development order on the
date of approval of the project's final subdivision, Planned Unit Development (PUD), Specially
Planned Area (SPA), or other requisite development approvals, whichever is the latest date.
B. Expiration. Development allotments shall expire as set forth at section 26.304.070 (D).
639 (Aspen 10/02)