HomeMy WebLinkAboutordinance.council.049-81F(R_ ~ ~....._~_M ~6 C.F. HOECK£L B. B. & -. CO,
RECORD OF PROCEEDINGS
100 Leaves
ORDINANCE NO. ~
(Series of 1981)
AN ORDINANCE AMENDING SECTION 24-11.5 OF THE MUNICIPAL CODE OF THE
CITY OF ASPEN BY THE EXPANSION OF THE COVERAGE OF ZONE DISTRICTS
INCLUDED WITHIN THE OFFICE AND COMMERCIAL GMP COMPETITION PROCESS
AND BY MODIFYING THE COMPETITIVE SCORING SYSTEM TO INCLUDE THE
EVALUATION OF THE ADEQUACY OF PHYSICAL SERVICES AND'A NEW
PROCEDURE TO EVALUATE AN APPLICANT'S EMPLOYEE HOUSING PROPOSAL
WHEREAS, by Resolution No. 81-8, the Planning and Zoning
CommissIon has recommended to the City Council that the zoning
regulations be amended so as to modify the scoring system for the
GMP process to more accurately reflect the findings that commer-
cial and office development is a ma3or generation of employee
housing demand and that growth in the City of Aspen should pay for
its costs to the community; and
WHEREAS, by Resolution No. 81-8, the Planning and Zoning
Commission has reconunended to the City Council that these changes
to the zoning regulations not take effect until next Year's compe-
tition by delaying their implementation until October 2, 1981;
and
WHEREAS, the City Council desires to accept the reconunenda-
tions of the Planning and Zoning Co~nission as set forth in Reso-
lution No. 81-8 and amend Section 24-11.5 of the Municipal Code of
the City of Aspen by the expansion of the coverge of zone dis-
tricts within the office and commercial GMP competition process
and by modifying the competitive scoring system to include the
evaluation of the adequacy of physical services and a new proce-
dure to evaluate an applicant's employee housing proposal.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCI~ OF THE
CITY OF ASPEN, COLORADO:
Section 1
That Section 24-11.5 of the Municipal Code of the City of
Aspen, entitled "Commercial and Office Development Application
FORI~ 50 C.F. HOECKEL B. B. & L, CO.
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Procedures" be and the same is hereby repealed and reenacted
effective October 2, 198i, as follows;
Sec. 24-11.5 Co~ercial and office development application
procedures.
No development o~ commercial or office space shall occur
within the City except office and commercial development
exempted pursuant to Section 24-11.2, until the proposed
development shall have received a development allotment
pursuant to the following procedures:
(a) All applicants for commercial and office allotments
shall file with the city planning office, on or before
September 1st of each year, a completed application
which shall be submitted with the following maps, docu-
ments and information:
(1)
A written description of the proposed development
including co~mnents as
(aa) Type of water system to be used including
information on main size and pressure and, if
public, the excess capacity available from
such public system; the location of the near-
est main; the estimated water demand of the
building.
(bb) Type of sewage treatment system to be used
and, if public, the existing excess capacity
available from such public system; the loca-
tion of the nearest trunk or connecting sewer
line; the estimated sewer demand of the build-
ing.
(cc) Type of drainage system proposed to handle
surface, underground and runoff waters.
(dd) Total development area including lot coverage,
internal square footage, and areas devoted to
open space or landscaping.
(ee) Estimated traffic count increases on adjacent
streets resulting from the proposed develop-
ment; total number of vehicles expected to use
or be stationed in the proposed buildings;
hours of principal daily usage; on and off-
street parking to be supplied; location of
alternate transit means (bus route, bike
paths, etc.); any auto disinCentive techniques
incorporated into the proposed development.
(ff) All proposed uses for the structure identify-
ing not only anticipated initial users but all
uses that potentially may be made of the
building (description by category is suffi-
cient) without substantial building changes.
FORM ~o C.F. HOECKEL B. B. & L, CO,
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(gg) Effects of the proposed ~eVelopment on adja-
cent uses and land uses in the vicinity of the
project.
(hh) The proposed construction schedule including~
if applicable~ a schedule for phasing con-
struction.
(ii) The applicant's proposal to house employees
which are generated as a result of the colamer-
cial development.
(2)
A site utilization map including:
(aa) Preliminary architectural drawings in suffi-
cient detail to show building size, height,
material, insulation, fireplaces or solar
devices (demonstrating energy conservation or
solar energy utilization features), type of
conmlercial spaces or units, and location of
all buildings (existing and proposed)on the
development site.
(bb) Proposed landscaping, screening, attempts at
preserving natural terrain and open space, and
undergrOunding of utilities.
(cc) Motor vehicle circulation, parking, bus and
transit stops and improvements propOsed to
insure privacy from such areas.
(dd) Any major street or road links to school
sites, pathways~ foots bicycle or equestrian
trails, greenbelts.
(ee) General description of surrounding existing
land uses and identification of zoning or
historic district boundary lines, if any,
The planning office shall evaluate all development
allotment applications during the early weeks of Sep-
tember, reject those that are ineligible under section
24-11.3(c) and present its recommendations to the plan-
ning and zoning commission no later than October 1st of
each year or at the commission's first regUla~ mee~ing
subsequent to that date. The planning and zoning com-
mission shall review all applications taking into con-
sideration the following criteria and point schedule
with respect to each of the following areas of concern.
(1)
Quality of design (exclusive of historic features)
(maximum 18 points). The corm~ission shall consider
each application with respect to the quality of its
exterior and site design and shall rate each devel-
opment by assigning points according to the follow-
ing formula:
0 -- indicates a totally deficient design
i -- indicates a major design flaw
2-- indicates an acceptable (but standard) design
3 -- indicates an excellent design
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(2)
The following features shall be rated accordingly:
(aa) Architectural design (maximum 3 points) con-
sidering the compatibility of the proposed
building (in terms of size, height, location
and building materials) with existing neigh-
boring developments.
(bb) Site design (maximum 3 points) considering the
quality and character of the proposed land-
scaping and open space areas, the extent of
undergrounding of utilities, and the arrange-
ment of improvements for efficiency of circu-
lation (including access for service vehicles)
and increased safety and privacy.
(cc) Energy (maximum 3 points) considering the use
of insulation, passive solar orientation,
solar energy devices and efficient fireplaces
and heating and cooling devices to maximize
conservation of energy and use of solar energy
sources.
(dd) Amenities (maximum 3 points) considering the
provision of usable open space and pedestrian
and bicycle ways.
(ee) Visual impact (maximum 3 points) considering
the scale and location of buildings to maxi-
mize public views of surrounding scenic
areas ·
(fl) Trash and utility access areas (maximum 3
points) considering the quality and efficiency
of proposed trash and utility access areas
which are required by section 24-3.4 (Area and
Bulk Requirements) and 24-3.7(h)(4) (Miscel-
laneous Provisions). An applicant who pro-
poses a reduction from these requirements must
secure special review approval from the plan-
ning and zoning commission under the provi-
sions of section 24-3.5 prior to submission of
an application for a development allotment
under the provisions of this Article.
Availability of public facilities and services
(maximum 10 points). The commission shall consider
each application with respect to its impact upon
publiC facilities and services and shall rate each
development by assigning points according to the
following formula:
0 -- project requires the provision of new services
at increased public expense.
1 -- project may be handled by existing level of
service in the area, or any service improve-
ment by the applicant benefits the project
only and not the area in general.
2 -- project in and of itself improves the quality
of service in a given area.
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FOF~M 5~ C.F. HOECKEL B. B. & -. CO.
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(3)
In those cases where points are given /or the
simultaneous evaluation of two services (i.e. ~
water supply and fire protection) the det'ermination
of points shall be made by averaging the scores for
each feature.
(aa) Water supply/fire protection (maximum 2
points) considering t~e capacity of the water
supply system to provide for the needs of the
proposed development without system extensions
and without treatment plant or other facility
upgrading. Also considering the ability o~
the appropriate fire protection district to
provide service according to established
response times without the necessity of
upgrading available facilities.
(Db) Sewage disposal (maximum 2 points) considering
the capacity o~ sanitary sewers to dispose of
the wastes of the proposed development without
system extensions and without treatment plant
or other facility upgrading.
(cc) Public transportation/roads (maximum 2 points)
considering the ability of the pro3ect to be
served by existing city or county bus routes.
Also considering the capacity of ma~or streets
to provide for the needs of the proposed
development without substantially altering
existing traffic patterns or overloading the
existing street system or causing a need to
extend the existing road network.
(dd) Storm drainage (maximum 2 points) considering
the capacity o~ the drainage facilities to
adequately dispose of surface runoff of the
proposed development without system exten-
sion.
(ee) Parking (maximum 2 points) considering the
provision of parking spaces to meet the com-
mercial and/or residential needs of the pro-
posed development which are required by Sec-
tion 24-4.5 of the Code, and considering the
design o~ said spaces with respect to visual
impact, amount of paved surface, convenience
and safety.
Employee housing need (maximum of 10 points)).
(aa) The commission shall assign points to each
applicant who agrees to provide deed
restricted housing for employees for a period
of fifty years to rental and sales price terms
within housing price guidelines established by
the city council and to eligibility guidelines
established by the city council.
Points shall be assessed according to the
following schedule ~
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FORM 50 C.F. HOECKEL B. B. & L. CO,
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I point for each Live ~ercent (3%) of the
employees of the pro3ect who are provided with
employee housing either on- or off-site,
either within or outside of the City, through
a net addition to the employee housing pool
(that is, by creation of a new deed restricted
unit or by conversion of a free market unit to
deed restricted status).
(cc) For the purposes of this section, one percent
(1%) of the total employees shall be computed
annually Dy the planning office based on a
determination of the number of employees gen-
erated per square foot of co~L~erciai space in
each zone district for which a coim]~erciai
development is to be submitted. Th~ evalua-
tion shall only consider the new square foot-
age being requested under the current applica-
tion and shall not compute the employee hous-
ing need based on commercial space which cur-
rently exists.
(dd) The planning office shall inform the appii-
cant, prior to the deadline for submission of
appi~cations, of the number of employees the
pro3ect is expected to generate, based on the
square footage of new commerc~ai space
requested. In those cases where an applicant
displaces existing housing for employees,
defined as units which for the past eighteen
(18) months have rented or been sold at rates
which fall within the adopted housing price
guidelines of the City of Aspen, the planning
office shall add that number of employees
displaced to those expected to be generated by
the pro3ect in determining the overall
employee housing need of the applicant.
(ee) No requirement of this section shall imply
that an applicant is required to hoUse the
actual employees of the pro3ect itself but
only that the applicant offset the increase in
new employees by housing quaiified employees
of the community in general.
(ff) Applicants for commercial development in the
CC, C-1 and O zones who propose to provide
off-site employee housing, as defined in sec-
tion (aa) above, may use the square footage of
the employee housing project as the basis of a
special review to increase the FAR for the
co~m~erciai site to the maximum con~ercial
square footage allowable by the code in that
zone district.
(4) Employee housing incentive (maximum 10 points).
(aa) In those cases where an applicant proposes to
provide housing for more than 50% of the
employees generated by the project, as evalu-
ated in section (3) above, the commission
FORM 5O C. F, HOECKEL B,
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(c)
shall assign additional points based on the
following formula:
1 point for each ten percent (10%) of the
employees of the project beyond the first
fifty percent (50%) who are provided with deed
restricted employee housing either on- or off-
site, to a maximum of one hundred fifty per-
cent (i50%) of the employees generated by the
project.
(bb) In those cases where an applicant already
houses employees by providing deed restricted
housing for employees for a period of fifty
(50) years to rental and sale price terms
within housing price guidelines established by
the City Council and to eligibility guidelines
established by the City Council, the applicant
may claim the number of employees already
housed as a credit toward the points available
in section (4) (aa) above. The employee hous-
ing credit may not be used toward the points
available in section (3)(aa) above.
(cc) The housing provided by the applicant to qual-
ify for points under this section must, in all
respects, meet the standards of section (3)
above.
(5)
Applicant's previous performance (maximum minus
five points).
(aa) Any applicant who has been awarded a develop-
ment allotment during a previous commercial
competition and who, within two years from the
date of submission of that application, has
not submitted plans to the building department
sufficient for the issuance of a building per-
mit, shall receive up to minus five (-5)
points unless the applicant demonstrates that
for reasons of unusual hardship~ such submis-
sion has not been possible.
(6) Bonus points (maximum 8 points).
(aa) The conu~isslon members may, when any one
determines that a project has not only incor-
porated and met the substantive criteria of
sections 24-11.5(b)(1), (2) and (3), but has
also exceeded the provisions of these sections
and achieved an outstanding overall design
meriting recognition, award additional points
not exceeding twenty percent (20%) of the
total points awarded under sections 24-
ll.5(b) (1), (2) and (3). Any commission mem-
ber awarding bonus points shall provide a
written justification of that award for the
public hearing record.
The commission shall consider all eligible applications
at a public hearing at the close of which each member of
RECORD OF PROCEEDINGS
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the commission shall identify the number of points
assigned by him under each of the criteria outlined in
section 24-11.5(b)(1), (2), (3), (4), (5) and (6). The
total number of points awarded by all members, divided
by the number of members voting, shall constitute the
total points awarded to the pro3ect. Any pro3ect not
receiving a minimum of sixty percent (60%) of the total
points available under section 24-11.5((b)(1), (2) and
(3), or a minimum of thirty percent (30%) of the points
available under each of section 24-11.5(b)(1), (2) and
(3), shall no longer se considered for a development
allotment and the application shall be considered
denied.
(d)
Ail pro3ects shall be ranked according to the total
points received (highest to lowest) and the ranking thus
established by the co~n~ission shall be forwarded to the
city council on or before November 1st of each year.
(e)
Having received the co~niss~on's report, the city coun-
cil shall consider any challenges thereto by applicants;
provided, however, that the city council review shall be
limited to determining whether there was a denial of due
process or abuse of discretion by the commission in its
scoring. Any challenges must be filed with the Planning
Office within fourteen (14) days of the date of the pub-
lic hearing by the Planning and Zoning Commission.
(f)
Subsequent to the conclusion of all protest hearings
provided for in this section, during which the city
council may amend the number of points awarded to any
protesting applicant, the city council shall by resolu-
tion and prior to December 1st of each year, allocate
development allotments among eligible applicants in the
order of priority established by their rank. Those
applicants having received allotments may proceed to
apply for any further development approvals required by
the zoning, building or other regulations of the city.
Unallocated allotments may be carried over to the
following year for possible distribution at that (or a
later) time.
No applicant shall, after submission of his application
pursuant to section 24-11.5(a) amend, modify or change
his application except in insubstantial part and for
purposes of clarification or technical correction only.
The standards of section 24-11.7(D) shall de~ermine
whether or not a change is deemed to be insubstan-
tial.
Section 2
If any provision of this ordinance or the application thereof
to any person or circumstance is held invalid, such invalidity
shall not affect other provisions or application of the ordinance
which can be given effect without the invalid provision or appli-
FORM 5~ C.F. HOECKEL B, B. & L. CC;.
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cation, and to this end the proviSiOns of this ordinance are
declared to be severable.
Sect ion 3 ~
That a public hearing be held on this ordinance on the ///~
day of . ~3~_-~f~-~ , 1981, at 5:00 P.M. in
the City Council Chambers, Aspen City Hall, Aspen, Colorado,
fifteen (15) days prior to which hearing notice of the same shall
be published once within a newspaper of general circulation within
the City.
iNTRODUCED, READ AND ORDERED published as provided by law by
the City Council of the City of Aspen, Colorado, at its regular
meeting held at the CitY of Aspen on
1981.
Herman Edel
~ / ~'~ .f~ , . Mayor
-ATTEST:
~athrY-n
City cler~~
FINALLY adopted, passed and approved on the ~ day of
- He~~'
· - '. " ~'~ ;~'.~ ~ Mayor
ATTEST;
Kathryn S. ~och
City Clerk
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FORM 50 C.f. HOECKEL B. B. & L. CO*
RECORD OF PROCEEDINGS
100 Leaves
STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
CERTIFICATE
I, Kathryn S. Koch, City Clerk of Aspen, Colorado,
do hereby certify that the above and foregoing ordinance was
introduced, read in full, and passed on
reading at a regular meeting of the City Council of the
City of Aspen on ~~Y~5_;L~; /~, 19 _~/, and p ubl
i shed
in the Aspen Timas a weekly newspaper of general circul-
ation, pub]]ished in the City of Aspen, ColoTado, in its
is~.u.e of _~~ ~ .... , 19.'~,__ and was finally adop~ed
and approved at a regular meeting of the City Council on
~/_~~ ~ , 19 ~ and ordered published as
provided by iaw.
IN WITNESS WHEREOF, I have hereun%o set my hand and
the sea]., of said Cindy of Aspen, Colorado, this
dak' of ~"~
SEAL
Deputy City Clerk