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Home My WebLink Aboutcoa.lu.gm.tourist gmqs.A03403 ~ CASE NUMBER PARCEL ill # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY '-t' A034-03 POSTPONSMENT OF TOURIST GMQS APPS CHRIS BENDON COMDEV CASE CITY OF ASPEN COM DEV 07/14/03 RESO 60-2003 1/20/04 D DRISCOLL ~" ,~' RESOLUTION NO. &0 (SERIES OF 2003) A RESOLUTION OF THE ASPEN CITY COUNCIL AMENDING THE SUBMISSION DEADLINE FORYEAR200:rGROWfHMAN'AGEMENT QUOTA SYSTEM TOURIST ACCOMMODATIONS APPLICATIONS. WHEREAS, the Community Development Department received a request from Aspen Land Fund, LLC, owners of property located along South Aspen Street within the City of Aspen, to postpone the year 2003 growth management quota system application deadline for tourist accommodations, established pursuant to Section 26.470.080(C), from August 1,2003, to December 1,2003; and, WHEREAS, the Community Development Director, in consultation with the property owner, believes this deadline amendment provides two public benefits: 1) 'allowing property owners following certain Land Use Code amendments, known as the rnfill Code Amendments, to determine and adjust to the City's growth management process with sufficient time to submit a proper growth management application; and, 2) to permit a more streamlined and efficient review of a potential project on South Aspe:q. Street by delaying the growth management review until the basic parameters of the project are defined during conceptual PUD review; and, Resolution # _' Series of 2003 - Page 1 WHEREAS, the City Council, pursuant to Section 26.208, may take any such action not delegated to other decision-making bodies to implement the provisions of the Land Use Code, Title 26, and ensure the proper and orderly review of proposed development within the community; and, WHEREAS, the postponement of the year 2003 application deadline for growth management applications for tourist accommodations shall be a one-time administrative change to the deadline and shall not affect future year's deadlines or deadlines for other types of development; and, WHEREAS, City Council considered comments from the general public and the recommendation of the Community Development Director; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY TRE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 The application submission deadline for the year 2003 tourist accommodations growth management quota system shall be December 1,2003. l:J',-' ... t""\ FINALL Y, adopted, passed and approved this 14th day of July, 2003. Attest: Approved as to form: /-._-'~~t:.L~ ~ . Worcester, City Attorney Resolution #_, Series of2003 - Page 2 ~ MEMORANDUM Vi" . , TO: Mayor Klanderud and City Council THRU: John Worcester, City Attorney . Julie Ann Woods Deputy Community Development Director Y-- Chris Bendan, Senior Lang Range Planner ~ Postponement of Year 2003 Submission Deadline for . Tourist Accommodation Growth Management Applications Resolution No.~, Series of 2003 - Public Hearing FROM: RE: DATE: July 14, 2003 ~n J 1 0 SUMMARY: U\ffttVt ~ Aspen Land Fund, LLC, the owners of the "South Aspen Street Properties" (the Barbee Property, the parking lot used by the Aspen Ski Company, and the Mine Dump Apartments) has requested the City postpone the submission deadline for the year2003 tourist accommodations growth management applications from August 1, 2003, to December 1,2003. (See attached letter.) The City's Land Use Code prescribes application deadlines to ensure all growth management projects submitted within a certain year are scored together, maintaining a fair competition. Since adoption of the current growth management code in 1995, zero (0) growth management applications for lodge development have been submitted and zero (0) competitions have occurred. (Other lodge projects have developed with redevelopment credits, etc.) City staff has consulted with the property owner and believes the postponement is in the City's best interest for two reasons: 1) The rnfill Code Amendments may change the manner in which the City reviews proposed lodging development. The City's review boards, neighbors, and staff reviewing these types of projects spend significant time in the review process and staff does not see a benefit in initiating a review and then changing the process. 2) The potential project on South Aspen Street will be a sufficiently complicated review. The Conceptual PtJD process will be useful to all involved in establishing the basic parameters for the project. In this conceptual PUD process, it's likely the project will undergo amendments and any growth management review would then require amendment. Considering these two factors, staff believes there is a public purpose to be served by delaying the submission deadline for this year's tourist accommodations growth management review. ' Staff has surveyed local planners and architects and this deadline change is not expected to affect development plans of any other property owner. Staff recommends City Council approve Resolution No. (;l) , Series of 2003, amending the submission date for tourist accommodations to December 1, 2003. Growth Management Submission Date Page 1 ~ ApPLICANT: City of Aspen Community Development Director. REVIEW PROCEDURE: City Council may approve, approve with conditions, or deny a request to alter the growth management submission dates. CITY MANAGER COMMENTS~/ ~" I / Li' /I _ .I.. f / F'<L!e. 1# r'f&1. ~- S {If$. ~ r eCdY"'/tl e.",~ d>'l." i RECOMMENDED MOTION: , "r move to adopt Resolution No. f.d), Series of 2003, amending the growth management submission deadline for tourist accommodation applications to December 1, 2003." EXHIBITS: A - Letter from Sunny Vann Growth Management Submission Date Page 2 f"'\ VANN ASSOCIATES, LLC Planning Consultants ~~\~i\-- A. -- June 12, 2003 ~t?~~ Mt1~~t o.yr\~ ukWi\i~ HAND DELIVERED Ms. Julie Ann Woods, Director Community Development Department 130 South Galena Street Aspen, CO 81611 Re: August 1, 2003 Lodge Growth Management Competition Application Deadline Dear Julie Ann: Pursuant to Section 26.304.060.B.l. of the City's Land Use Regulations, "the procedures for reviewing development applications where more than one development approval is being sought simultaneously may be combined or modified whenever the Community Development Director determines ... that such combination or modification would eliminate or reduce duplication and ensure economy of time, expense and clarity; provided, however, ... that a thorough and full review of the application and proposed development ... is achieved". As we discussed earlier this week, Aspen Land Fund II, LLC, the current owner of the so-called Barbee, Parking Lot and Mine Dump Apartments parcels (a/kia, the South Aspen Street properties), is preparing an application for conceptual PUD approval for the development of a mixed use hotel/timeshare project thereon. The proposed project will also require subdivision approval, a rezoning, various ancillary approvals, and the receipt of a lodge growth management quota system ("GMQS") allocation. Given the size and complexity of the project, I believe that the GMQS component of the approval process should occur at the time of final PUD review. This approach would allow the project's basic parameters (e.g., unit count, floor area, height, etc.) to be determined in connection with conceptual PUD review and prior to growth management scoring. Based on my recent experience with similar projects, it is reasonable to assume that revisions to the initial design may be required prior to the receipt of conceptual PUD approval. While you indicated that you concurred with this approach, and Section 26.304.060.B.1. grants you the required authority to establish the appropriate review process, it will be necessary to revise the August 1 submission deadline for lodge growth management applications if conceptual PUD review and approval of the proposed project is to occur prior to GMQS scoring. To the best of my knowledge, there have been no applications submitted for lodge GMQS allocations in the L/TR zone district in recent years, and I am 230 East Hopkins Ave, . Aspen, Colorado 81611 . 970/925-6958 . Fax 970/920-9310 n Ms. Julie Ann Woods June 12, 2003 Page 2 aware of no other prospective participants in this year's competition. In fact, there is an accrued lodge quota of approximately eighty units which remains unallocated from prior years. The various GMQS application deadlines have been postponed in the past, and the proposed postponement would not appear to jeopardize either the intent or integrity of the growth management competition process. A decision to postpone this year's lodge GMQS application deadline would also appear appropriate given that the City Council is still considering the staff's proposed "Infill" regulations. One component of the new regulations is the elimination of the annuallodge growth management competition and the substitution of a revised.' regulatory approach which is more responsive to the community's current needs. While it is unknown whether the rnfill regulations will be adopted as drafted, it is reasonable to assume that no decision regarding the matter will be forthcoming without extensive review by the City Council. Given that the staff believes that further consideration of the infill regulations will require at least three to four months, a postponement of the lodge GMQS application deadline until December I would appear appropriate. I would appreciate it if you would schedule the requested postponement for consideration by the City Council at its earliest convenience. Given the administrative nature of the request, I believe that the Council could revise the lodge GMQS application deadline via resolution as opposed to ordinance and without review and comment by the Planning and Zoning Commission. The matter, however, should be considered at a public hearing to allow other potentiallodge GMQS applicants to comment on the proposed postponement. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, cc: Brooke Peterson, Aspen Land Fund II c: \oldc\bus\city .1tr\ltr44803.jal ,~ ,,-...,, ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY, _e6~ww1<4vL+-- 6{1( ~crttp 4{f!; SCHEDULED PUBLIC HEARINGDAr{ 7fi1f!()~> , 200~ _ Mailing of notice, By the mailing of a notice obtained the Community Development Department, which contains the information described "11 Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class p~stage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-goven1mental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin COlmty as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto, (continued on next page) i ~ r~, Rezoning or text amendment, Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Titre and enactment of a new land use regulation, or othen4ise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map.has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ~L(_6J\ ~~~ The~oing "Affidavit of Notice" was acknowledged before me thi~ of ,2) LL(\ a " 200 3, by :?')- ~ .>;~.<" IC NOTICE NT OF CI F ASPEN T QUOTA.~ -Y4ri." . NEFO TAC- umfS) FROK.lAUGOST 1, 2003, ER I, 2003, NOTICE IS HEREBY GWEN that a pubIle' hearing will be held on July 14, 2003 ~t i meeting to begIn a1"5:00 PM, before tJ:le Aspen City Coun-' eil, Council Chambers, City Hall 130 South Gale- na, Asp';', to r!'view al) application s,ubmittea by'- 'the City of Aspen Commul!ity Development De- partment requesting a one-time postponement of' the year 2003 Growth Management Quota System . d~~~a~~~e~~::~~;/~:~1~~(~~~~~:{~~~:c A TT ACHMENTS: e~fuber 1, 2003, ' ' . .' - , '. . ,. For further Informatio!, eont,i.ct Chri.. ~end~n llt;~ ":'~'~~~;::~:::T:; ::::::ICE (SIGA? '" p;'6iished'in The Aspen Times on June 28, 2003, (0550) .' - '~ '"'.,"-~",~"",,- GOVE~l'lTAL AGENCIES NOTICE}) BYMAIL