HomeMy WebLinkAboutordinance.council.021-05ORDINANCE NO. 21
(SERIES OF 2005)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AMENDMENTS TO CHAPTER 26.470 - GROWTH MANAGEMENT
QUOTA SYSTEM OF THE CITY OF ASPEN MUNICIPAL CODE.
WHEREAS, the City Council and the Planning and Zoning Commission of the City of
Aspen directed the Director of the Commtmity Development Department to propose
amendments to the Land Use Code, part of the City of Aspen Municipal Code, related to the
Infill Report, a report developed by a city-commissioned advisory group, the Infill Advisory
Group, pursuant to sections 26.208 and 26.212; and,
WHEREAS, the purpose of the lnfill Program is to implement action items identified in
the 2000 Aspen Area Community Plan, Barriers to Infill Development (a report commissioned
by the City of Aspen in 2000), recommendations of the Infill Report (a report produced by the
Infill Advisory Group in January, 2002), and the Recommendations of the Economic
Sustainability Committee (a joint project between the City of Aspen, the Aspen Chamber Resort
Association, and the Aspen Institute Community Forum concluded in September, 2002) that call
for:
· intensification of land uses within the traditional townsite.
· focusing of growth towards already developed areas and away from undeveloped areas
surrounding the city.
·retention of existing commercial and lodging uses.
· increased vitality of the downtown retail environment.
· rejuvenation of aging commercial properties.
· development of mixed-use buildings with housing opportunities for locals.
· development of affordable housing in locations supported by the "Interim Aspen Area
Housing Plan Guidelines" (incorporated as part of the 2000 AACP).
· revisions to, or elimination of, identified barriers to successful infill development such as
the costs of development exactions, growth management penalties for redeveloping
buildings, and the length and uncertainty of approval processes.
· revisions to the strategy implementing growth management to emphasize quality of
development as opposed to just the quantity of development.
· elimination of development incentives for single-family and duplex development within
commercial, mixed-use, and lodging zone districts.
· balance between the community and the resort aspects of Aspen.
· sustainability of the local social and economic conditions.
· The creation of a development environment in which private sector motivation is
leveraged to address community goals; and,
Ordinance No. 21 Page 1
Series of 2005.
WHEREAS, the amendments herein relate to the following Chapter of the Land Use
Code, Title 26 of the Aspen Municipal Code:
26.470 - Growth Management Quota System; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the
Municipal Code shall be reviewed and recommended for approval, approval with conditions, or
denial by the Community Development Director and then by the Planning and Zoning
Commission at a public hearing. Final action shall be by City Council after reviewing and
considering these recommendations; and,
WHEREAS, the Community Development Director completed and provided two reports
to substantiate the employee generation figures contained herein entitled City of Aspen
Employee Generation Study - December 2002, and City of Aspen Fractional Fee Employment
Analysis - September 2003; and,
WHEREAS, the Community Development Director recommended approval of the
proposed amendments, as described herein; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the proposed amendments to the above noted Chapters and Sections on September 3,
2002, continued to September 17, 2002, continued to September 24, 2002, continued to October
I, 2002, continued to October 8, 2002, continued to October 15, 2002, continued to October 22,
2002, continued to October 29, 2002, continued to November 5, 2002, continued to November
12, 2002, continued to November 19, 2002, continued to November 26, 2002, continued to
December 10, 2002, and continued to December 17, 2002, took and considered public testimony
at each of the aforementioned hearing dates and the recommendation of the Community
Development Director and recommended, by a five to one (5-1) vote, City Council adopt the
proposed amendments to the land use code by amending the text of the above noted Chapters and
Sections of the Land Use Code; and,
WHEREAS, the Aspen City Council has reviewed and considered the recommended
changes to the Land Use Code under the applicable provisions of the Municipal Code identified
herein, has reviewed and considered the recommendation of the Community Development Director,
the Planning and Zoning Commission, and has taken and considered public comment at a public
hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Land Use
Code meet or exceed all applicable standards and that the approval of the proposal is consistent with
the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO as follows:
Section 1:
Chapter 26.470, Growth Management Quota System, which section regulates the quality,
quantity, rate, and impacts of all development within the City of Aspen, shall read as
follows:
Ordinance No. 21
Series of 2005.
Page 2
Chapter 26.470
GROWTH MANAGEMENT QUOTA SYSTEM (GMQS)
Sections:
26.470.010
26.470.020
26.470.030
26.470.040
26.470.050
26.470.060
26.470.070
26.470.080
26.470.090
Purpose.
Applicability.
Aspen Metro Area Development Ceilings and Annual Allotments
Types of Development and Associated Process
Calculations
Development Allotment and Application Review Procedures.
Reconstruction Limitations
Amendment of a Growth Management Development Order.
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 affbrdable
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 Residential, Lodging,
Commercial, and Community Facilities. The "Growth Management Year," as the term is used in
this Chapter, shall be from March 1st through February 28th (or 29th as applicable). Specific land
uses and development activities are exempt from growth management. For the purposes of this
Chapter, the following development categories have been established.
A. Residential - Free Market
Dwelling units intended exclusively for residential purposes, not subject to any residency
requirements arid not including hotels, lodging, or timeshare units. Units may be in the form of
single-family, duplex, multi-family, or part of a mixed-use structure. (See definitions of
Residential Use and Dwelling.)
B. Residential - 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 be in the fbrm of single-
Ordinance No. 21 Page 3
Series of 2005.
family, duplex, multi-family, dormitory, or part of a mixed-use structure. (See definition of
Affordable Housing.)
C. Commercial
Buildings, or portions thereof, supporting office, 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.
For lodging projects with flexible unit configurations, also known as "lock-off units", each
separate "key", or potential rentable division, shall constitute a unit for the purposes of this
Chapter.
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
.4. 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 undertaken in 2002 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 not exceed a two
(2) percent annual growth rate. In order to address continued community growth concerns, a
growth limit of 1% has been implemented for free-market residential development.
Ordinance No. 21 Page 4
Series of 2005.
For a variety of reasons, it is possible that the community's actual population growth might
exceed the designated growth rate percentages in some years. Previous GMQS approvals and
in/out-migration, for example, can result in periods of construction activity and population
groxvth that exceed the planned average annual growth rate.
B. Existing Development.
The following tables describe the existing (as of March, 2005) amount of development in each
sector used as a "baseline" in establishing annual allotments and development ceilings. 5
Commercial DeveloPment reithi. !the City ~f ~n {square fee0
Commercial Use ' Class" Leasable square feet for class
Merchandising 554,827
Lodging6 19,950
Offices 315,360
Recreation 1' 00,'" 05~ .......
SpeCial purPose 197,974
Warehouse/Storage 3,747
Multi2Use 216,889
Total Commercial,, 1,408,804
2% Annual Growth Rate fm
Commcrc!a] Devel0pme~ 28,176 square feet
Residential Development Within ~he City ~ Aspe~ ~unit~)
PrOperty Type Residences in class
Single Family 1,201
Duplex or Triplex ? 106
Multi-Units 4-8 4 39
Multi-Units 9+ 362
Condom~iums 2,805
Duplex Condos ~
Manufactured 39
partial Exempt 1
Total Residence~i] 4,906
5 Source: Pitkin County Assessor, March 7, 2005.
~' Lodge unit square tbotage removed from total. Commercial space within lodge developments estimated through
City records.
7 Single ownership duplex and triplex units. 2 units per property ownership estimated.
4 Single ownership apartment buildings. Residence count reflects actual number of units recorded with Assessor.
Ordinance No. 21
Series of 2005.
Page 5
37.74 units
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:
iF~ Mark6~ Re~denti~ 3,774
~ff0rd~bl~ H0U~ 1,608
~ommerei~ (~ ft ) 1,408,804
8,583 pillows
The Community Development Director shall calculate the number of allotments remaining under
established development ceilings as part of the year-end growth summary. Under no
circumstances shall development be allowed in excess of the development ceilings unless City
Council, pursuant to Section 26.470.090 Appeals, permits development in excess of the ceilings.
5 A total of 1,815 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 to determine the number of free-market residences.
"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 and eighty-eight (588) affordable housing units have been completed
and another ninety-nine (99) have been approved since adoption of the plan (as of January 2005). Although most of
these units were either approved, under construction, or occupied at the time of the plan adoption, they were
recognized in the plan as part of the overall housing need and represent progress towards the goal. Considering the
completed units, the affordable housing development ceiling has been established at 2,428 units, an increase of 613
units.
* The development ceiling for lodging is based on the "pillow count" of Stay Aspen Snowmass. This number
peaked in 1995, with 9,959 pillows in the Aspen inventory. The 1998 pillow count of 8,583 was used to establish
the baseline. The pillow count, because it is more accurate than unit counts at the time of this ordinance, shall be
used to determine progress towards the development ceiling. Allocations, impact fees, mitigation requirements, etc.
shall be based on a per unit basis.
Ordinance No. 21 Page 6
Series of 2005.
D. Annual Development Allotments.
The growth management quota system establishes annual development allotments available for
use by projects during each growth management year - March 1st to February 28th (or 29th as
applicable). The number of development allotments available within a single growth
management year varies based on the following factors: (1) The type of land use.
(2) The annual allotment available for each land use.
(3) The number of allotments granted the previous year and whether or not the 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 management year.
The Community Development Director shall calculate the development allotments available for
each type of land use as follows:
Where, the above terms are defined and established as follows:
Annual Allotment. The Annual Allotment reflects each year's potential growth within
the City of Aspen, applied to each type of land use. The Annual Allotment may be
reduced if multi-year allotments are granted by City Council. The following annual
standard allotments are hereby established:
Development Type
Residential - Free Market
Commercial
Residential - Affordable Housing
Lodging
Annual Allotment
37 units
28,000 net leasable square feet
No annual limit
No annual limit
Roll-Over Allotment. 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 Available Development Allotment for future projects. (See
accounting procedure.) There is no limit, other than that implemented by the Planning
and Zoning Conunission, on the amount of potential growth that may be carried forward
to the next year.
Allotments awarded to a project which does not proceed and which are considered void
shall constitute unused allotments and shall be considered for allotment roll-over by the
Planning and Zoning Commission. Allotments shall be considered vacated by a property
owner upon written notification from the property owner or upon expiration of the
Ordinance No. 21 Page 7
Series of 2005.
development right pursuant to section 26.470.060.B.4, 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. Unless
specifically not deducted from the Annual Development Allotment and Development Ceilings,
all units of growth shall be included in the accounting. Affordable Housing units shall be
deducted regardless of the unit being provided as growth mitigation or otherwise. After the
conclusion of each growth management year, the Community Development Director shall
prepare a summary of growth allocations for the Planning and Zoning Con'unission.
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 Allotment. The Planning and Zoning Commission
may carry forward any portion of the previous year's unused allotment, including all or none.
The Planning and Zoning Commission shall also consider the remaining development allotments
within the Development Ceilings, established pursuant to Section 26.470.030.C, and shall reduce
the Available Development Allotment by any amount that exceeds the Development Ceiling.
The public hearing shall be noticed by publication, pursuant to 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.
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 provisions of this Chapter.
Development exempt from growth management shall not be considered exempt from other
chapters of the Land Use Code and property owners should consult with the Community
Development Department. Where applicable, exemptions are cumulative.
1. Remodeling or expansion of existing single-family and duplex residential development.
The remodeling or expansion of existing single-family and duplex residential dwellings
Ordinance No. 21 Page 8
Series of 2005.
shall be exempt from growth management. When Demolition occurs, see Section
26.470.040(B) Administrative Growth Management Review-. Also see definition of
Demolition, Section 26.104.100.
Remodeling or expansion of existing multi-family residential development. The
remodeling or expansion of existing multi-family residential dwellings shall be exempt
from growth management. When Demolition occurs, see Section 26.470.040.A.3 -
Replacement of Demolished Multi-Family Residential Units. Also see definition of
Demolition, Section 26.104.100. For the expansion of multi-family units within a mixed-
use building, see Section 26.470.040.C.6.
Replacement of demolished multi-family residential units. The replacement of
demolished multi-family residential units shall be exempt from the provisions of this
Chapter if the requirements of the Multi-Family Housing Replacement Program are met.
(See Chapter 26.530 Multi-Family Housing Replacement Program.) Replacement units
shall not be deducted from the respective Annual Development Allotments or
Development Ceiling Levels established pursuant to Section 26.470.030. The
development of additional residential units, beyond those merely being replaced, shall be
subject to this Chapter. Also see Reconstruction Limitations, Section 26.470.070.
Single-Family and Duplex Development on Historic Landmarl~ Properties. The
development of one or multiple single-family residences or a duplex on a parcel of land
designated as a Historic Landmark shall be exempt from growth management. This
exemption applies to the rehabilitation of existing structures, reconstruction after
demolition 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.
Additional units shall not be deducted from the respective Annual Development
Allotments or Development Ceiling Levels established pursuant to Section 26.470.030.
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 t~om growth management, provided all necessary approvals are obtained,
pursuant to Section 26.415, Development Involving the Inventory of Historic Sites and
Structures.
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.
Remodeling or replacement of existing commercial or lodge development. Remodeling
or replacement after demolition of existing commercial or hotel/lodge buildings and
portions thereof shall be exempt from the provisions of growth management, provided
that no additional net leasable square footage or lodge units are created and there is no
change-in-use. If redevelopment involves an expansion of net leasable square footage or
Ordinance No. 21 Page 9
Series of 2005.
lodge units, only the replacement of existing development shall be exempt and the
expansion shall be subject to Section 26.470.040.C.2 or 3. Existing, prior to demolition,
net leasable square footage and lodge units shall be documented by the City of Aspen
Zoning Officer prior to demolition. Also see Reconstruction Limitations, Section
26.470.070, and definition of Net Leasable Commercial and Office Space, Section
26.104.100.
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. Temporary external airlocks shall only be exempt from the provisions
of this Chapter if approved pursuant to Section 26.450.
9. Special Events. Special events permitted by the City of Aspen shall be exempt from this
Chapter.
lO. Accessory Dwelling Units and Carriage Houses. The development of Accessory
Dwelling Units (ADUs) and Carriage Houses shall be exempt from the provisions of this
Chapter but subject to the provisions of Chapter 26.520, Accessory Dwelling Units and
Carriage Houses.
11. Retractable Canopies and Trellis Structures. Retractable Canopies and trellis structures
appended to a commercial or lodging structure shall be exempt from growth management
provided: a) there is no expansion of floor area; b) the Canopy or trellis structure is not
enclosed by walls, screens, windows or other enclosures; and c) for a trellis structure, at
least fifty (50) percent of the overhead structure is open to the sky. Awnings shall be
exempt from this Chapter.
12. Public Infrastructure. The development of public infrastructure such as roads, bridges,
waterways, utilities, and associated poles, wires, conduits, drains, hydrants, and items
considered Essential Services (see definition) shall be exempt from growth management.
Essential Public Facilities shall not be exempt and shall be reviewed pursuant to Section
26.470.040.D.3, Essential Public Facilities.
B. Administrative Growth Management Review:
The tbllowing 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. Administrative approvals apply
cumulatively.
1. Detached single-family or duplex dwelling units. The replacement after demolition of
an existing single-family dwelling or multiple detached residential units or a duplex dwelling
regardless of when the lot was subdivided or legally described; the redevelopment or conversion
of an existing single-family dwelling into multiple detached residential units or a duplex
Ordinance No. 21 Page 10
Series of 2005.
dwelling (or vice-versa) regardless of when the lot was subdivided or legally described; or, the
new development of a single-family or multiple 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(F), 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-familv. In order to qualify for a single-family approval, the applicant shall have five
(5) options:
a) Providing an above grade, detached Accessory Dwelling Unit (ADU) or a Carriage
House pursuant to Section 26.520, Accessory Dwelling Units and Carriage Houses;
or,
b) Providing an Accessory Dwelling Unit, or a Carriage House, authorized through
Special Review to be attached and/or partially or fully subgrade, pursuant to Section
26.520; or,
c) Providing and 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
e) 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 six (6) options:
a) Providing one free market dwelling unit and one 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 above grade, detached Accessory Dwelling Units or Carriage
Houses (or one of each), or one above grade, detached ADU or Carriage House with a
minimum floor area of six hundred (600) net livable square feet, pursuant to Section
26.520; or,
c) Providing either two Accessory Dwelling Units or Carriage Houses (or one of each)
or one ADU or Carriage House with a minimum of 600 net livable square feet
authorized through Special Review to be attached and/or partially or fully subgrade,
pursuant to Section 26.520; or,
d) Providing an oft-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) Providing two deed restricted Resident-Occupied (RO) dwelling units; or
Ordinance No. 21 Page 11
Series of 2005.
f) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended.
Note: In zone districts permitting the development of a single-family, a duplex, or two single-
family residences, one development allotment may be expressed as a single-family, a duplex, or
two single-family residences. The parcel shall have only one development right regardless of the
way in which it has been developed. The parcel may be condominiumized to separate
ownership. In order to subdivide the parcel, additional development right(s) must be obtained.
2. Change-ln-Use of Historic Landmark Sites and Structures. The change of use, between
the use categories identified in Section 26.470.020, of a property, structure, or portion of a
structure designated as a Historic Landmark shall be approved, approved with conditions, or
denied by the Community Development Director based on the following criteria:
a) All necessary approvals are obtained, pursuant to Section 26.415, Development
Involving the Inventory of Historic Sites and Structures.
b) No more than one free-market residence is created.
c) The development conforms to the requirements of the zone district.
d) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
3. Minor enlargement of a Historic Landmark for commercial~ lodge, or mixed-use
development. The enlargement of a property, structure, or portion of a structure designated as a
Historic Landmark for commercial, lodge, or mixed-use development shall be approved,
approved with conditions, or denied by the Community Development Director based on the
following criteria:
a) Sufficient growth management allotments are available to accommodate the
expansion pursuant to Section 26.470.030(D), Annual Development Allotments.
b) If the development increases either Floor Area or Net Leasable space/lodge units, but
not both, then no employee mitigation shall be required.
c) If the development increases both Floor Area and Net Leasable space/lodge units, up
to four (4) employees generated by the additional commercial/lodge shall not require
the provision of affordable housing. An expansion generating more than four (4)
employees shall not qualify for this administrative approval and shall be reviewed
pursuant to 26.470.040.C.1.
d) No more than one free-market residence is created. This shall be cumulative and
shall include administrative GMQS approvals granted prior to the adoption of
Ordinance No. 21, Series of 2005.
e) All necessary approvals are obtained, pursuant to Section 26.415, Development
Involving the Inventory of Historic Sites and Structures.
Ordinance No. 21 Page 12
Series of 2005.
The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
4. Minor Expansion of a Commercial, Lodge, or Mixed-Use Development. The minor
enlargement of a of a property, structure, or portion of a structure for commercial, lodge, or
mixed-use development shall be approved, approved with conditions, or denied by the
Community Development Director based on the following criteria:
a) Sufficient growth management allotments are available to accommodate the
expansion pursuant to Section 26.470.030(D), Annual Development Allotments.
b) The expansion involves no more than 250 square feet of net leasable space or two
Hotel/Lodge units. The expansion involves no residential units. This shall be
cumulative and shall include administrative GMQS approvals granted prior to the
adoption of Ordinance No. 21, Series of 2005.
c) It is demonstrated that the expansion will have minimal employee generation and
parking impacts upon the City, employee housing or cash-in-lieu thereof will be
provided for the additional employees generated, and that parking or cash-in-lieu
thereof, xvhere permitted, will be provided for the expansion. Affordable Housing
mitigation shall be provided at a Category 4 rate as defined in the Aspen Pitkin
County Housing Authority Guidelines, as amended. An applicant may choose to
provide mitigation units at a lower Category designation.
d) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, tim and police protection, solid
waste disposal, parking, and road and transit services.
5. Alley Store. The expansion or conversion of an existing commercial or mixed-use
building or the development of a new commercial or mixed-use building to accommodate a
storefront along an alleyway shall be approved, approved with conditions, or denied by the
Community Development Director based on the following criteria:
a) Sufficient growth management allotments are available to accommodate the
expansion, pursuant to Section 26.470.030(D), Annual Development Allotments.
b) The building shall be located in a commercial zone district. The alley commercial
space, or spaces, shall be no greater than six-hundred (600) gross square feet per
space including storage and other non-leasable space, shall have no internal
connection to any other space, and shall front entirely on an alleyway with no access
or fenestration along a primary street. Proposals not meeting this requirement shall
be reviewed pursuant to 26.470.040.C.2, Expansion/New Commercial, Lodge, or
Mixed Use Development. Multiple spaces may be created.
Ordinance No. 21 Page 13
Series of 2005.
c) The space shall not reduce the property's Utility/Trash/Recycle service area
requirement or such reduction has been approved pursuant to Section 26.575.060.
d) A space no greater than six-hundred (600) square feet shall not require the provision
of affordable housing. Any aftbrdable housing units provided shall be approved
pursuant to Section 26.470.040.C.7, Affordable Housing.
e) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
6. Temporary Outdoor Food Vending. A temporary use of outdoor food vending by a
restaurant or retailer on private property, private open space, or public property that is subject to
a mall lease for food vending or outdoor restaurant seating in the Commercial Core (CC) Zone
District shall be shall be approved, approved with conditions, or denied by the Community
Development Director based on the following criteria:
a) The temporary operation shall expire on or before December 31, 2005.
b) The area of outdoor food vending activities does not exceed fifty (50) square feet.
The area of outdoor food vending activities shall be defined as a counter area,
equipment needed for the food vending activities (e.g. cooler with drinks, snow cone
machine, popcorn machine, etc.), and the space needed by employees to work the
food vending activity.
c) Temporary outdoor food vending may only occur by or in association with restaurant
or retail uses and with the approval of the restaurant or retail establishment's owner in
which the outdoor food vending is associated and located adjacent to.
d) An application to the Community Development Director for temporary outdoor food
vending shall only be submitted and approved subsequent to submitting and obtaining
approval of a food service plan from the Environmental Health Department. The area
of outdoor food vending activities shall include a waste disposal container that shall
be emptied daily and stored inside at night and when the outdoor food vending
activities are not in operation. Additionally, no outdoor, open-flame char-broiling
shall be permitted pursuant to Municipal Code Section 13.08.100, Restaurant Grills.
e) The Community Development Director shall waive affordable housing mitigation
fees associated with the temporary new net leasable square footage being created by
outdoor food vending activities.
f) The outdoor food vending activities may occur yeast-round. An application for and an
approval of temporary outdoor vending activities shall not constitute nor be
interpreted by any property owner, developer, vendor, or court as a site specific
development plan entitled to vesting under Article 68 of Title 24 of the Colorado
Revised Statutes or Chapter 26.308 of this Title. Approvals granted in this subsection
are subject to revocation by the City Manager or Community Development Director
without requiring prior notice.
g) An application for temporary outdoor lbod vending activities shall not diminish the
general public health, safety or welfare and shall abide by all applicable City
Ordinance No. 21 Page 14
Series of 2005.
regulations, including but not limited to building codes, health safety codes, fire
codes, liquor laws, sign and lighting codes, and sales tax license regulations.
h) Each vendor wishing to operate outdoor food vending activities shall apply for and be
approved for a permit (no fee required) to do so prior to commencing operations.
Applicable Environmental Health Plan Review fees shall apply.
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. Enlargement of a Historic Landmark for Commercial, Lodge, or M£red-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 Planning and
Zoning Commission 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 proposed development is consistent with the Aspen Area Community Plan.
c) Up to four (4) employees generated by the additional commercial/lodge development
shall not require the provision of affordable housing. Thirty (30) percent of the
employee generation above four (4) and up to eight (8) employees shall be mitigated
through the provision of aflbrdable housing or cash-in-lieu thereof. Sixty (60)
percent of the employee generation above eight (8) employees shall be mitigated
through the provision of affordable housing or cash-in-lieu thereof.
For example: a project generating 15 employees shall require employee
mitigation for a total of 5.4 employees, as fbllows: First 4 employees - 0 employee mitigation
Second 4 employees mitigated at 30% - 1.2 employees
Remaining 7 employees mitigated at 60% = 4.2 employees
Affordable housing shall be approved pursuant to Section 26.470.040.C.7, Affordable
Housing, and be restricted to Category 4 rate as defined in the Aspen Pitkin County
Housing Authority Guidelines, as amended. An applicant may choose to provide
mitigation units at a lower Category designation.
d) All necessary approvals are obtained, pursuant to Section 26.415, Development
Involving the Inventory of Historic Sites and Structures.
e) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
Ordinance No. 21 Page 15
Series of 2005.
2. 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, or mixed-use building 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
expansion, pursuant to Section 26.470.030.D, Annual Development Allotments.
b) The proposed development is consistent with the Aspen Area Community Plan.
c) Sixty (60) percent of the employees generated by the additional commercial/lodge
development, according Section 26.470.050.A, Employee Generation Rates, are
mitigated through the provision of affbrdable housing or cash-in-lieu thereof.
Affordable housing shall be approved pursuant to Section 26.470.040.C.7, Affbrdable
Housing, and be restricted to Category 4 rate as defined in the Aspen Pitkin County
Housing Authority Guidelines, as amended. An applicant may choose to provide
mitigation units at a lower Category designation. Mitigation for Free-Market
residential units within a mixed-use project shall be pursuant to Section
26.470.040.C.6 Free-Market Residential Units within a Mixed-Use Project.
d) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
3. Incentive Lodge Development. The expansion of an existing lodge or the development of
a new lodge 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
expansion, pursuant to Section 26.470.030(D), Annual Development Allotments.
b) The proposed development is consistent with the Aspen Area Community Plan.
c) The project contains a minimum of one lodge unit per five hundred (500) square feet
of Lot Area and these lodge units average five hundred (500) square feet or less per
unit. These two standards (the density standard and the unit-size standard) may be
varied in some cases according to the limitations of the zone district in which the
project is developed and still meet this criterion. (See zone district requirements.)
Units developed in excess of those necessary to meet the Lot Area standard shall not
be required to meet the average-size standard. For the expansion of a lodge which is
not being demolished/redeveloped and which does not currently meet the Lot Area
standard, only the average unit-size standard of the new units shall be required in
order to meet this criterion. Projects not meeting the density or unit-size standard
shall be reviewed pursuant to 26.470.040.C.2 - Expansion/New Commercial, Lodge,
or Mixed Use Development.
d) Associated free-market residential development, as permitted pursuant to the zone
district in which the lodge is developed, shall be allocated on a unit basis and
Ordinance No. 21 Page 16
Series of 2005.
e)
attributed to the annual development allotment. Each unit shall require the provision
of affordable housing mitigation by one of the following methods:
i) Providing an Accessory Dwelling Unit (ADU) or a Carriage House for each
residential unit pursuant to Section 26.520, Accessory Dwelling Units and
Carriage Houses. The unit need not be detached or entirely above grade to
meet this criterion.
ii) Providing on-site or off-site Affordable Housing Units equal to 30% of the
free-market residential units (on a unit basis). The affordable housing units
shall be one-bedroom or larger and be provided as actual units (not as a cash-
in-lieu payment). Affordable housing units provided shall be approved
pursuant to Section 26.470.040.C.7, Affordable Housing, and be restricted to
Category 4 rate as defined in the Aspen Pitkin County Housing Authority
Guidelines, as amended. Provision of afibrdable housing mitigation via units
outside of the City of Aspen shall require approval from City Council,
pursuant to Section 26.470.040.D.2. An applicant may choose to provide
mitigation units at a lower Category designation.
iii) Paying an affordable housing cash-in-lieu fee normally associated with
exempt single-family and duplex development, pursuant to the Aspen/Pitkin
County Housing Authority Guidelines.
Notes: The City encourages the af~brdable housing units required fbr the free-
market residential development to be associated with the lodge operation and
contributing to the long-term viability of the lodge. An efficiency or reduction in
the number of employees required for a lodge component of a Incentive Lodge
project may be approved as a credit towards the mitigation requirement for the
free-market component of the project, pursuant to Section 26.470.050.A.1
Employee Generation.
Thirty (30) percent of the employees generated by the additional lodge, timeshare
lodge, exempt timeshare units, and associated commercial development, according
Section 26.470.050.A, Employee Generation Rates, are mitigated through the
provision of affordable housing or cash-in-lieu thereof. On-site affordable housing
units shall be one-bedroom or larger units. Employee mitigation shall only be
required for additional development and shall not be required for replacement
development. The Planning and Zoning Commission may consider unique
characteristics or efficiencies of the proposed operation and lower the mitigation
requirements pursuant to Section 26.470.050.A.1 - Employee Generation.
Affordable housing units provided shall be approved pursuant to Section
26.470.040.C.7, Affordable Housing, and be restricted to Category 4 rate as defined
in the Aspen Pitkin County I-lousing Authority Guidelines, as amended. Provision of
afl'ordable housing mitigation via units outside of the City of Aspen shall require
approval from City Council, pursuant to Section 26.470.040.D.2. An applicant may
choose to provide mitigation units at a lower Category designation.
The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
Ordinance No. 21 Page 17
Series of 2005.
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
4. Conversion of Residential Reconstruction Credits to Lodging Units. The conversion of
redevelopment credits derived from the demolition of residential dwelling units, pursuant to
Section 26.470.040.A.1 or 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 proposed development is consistent with the Aspen Area Community Plan.
c) Residential dwelling unit construction credits shall be converted to lodge units at a
rate of three (3) lodge units per each one residential unit;
d) Development shall comply with Section 26.470.070, Reconstruction Limitations.
e) Sixty (60) percent of the employees generated by the lodge units, according Section
26.470.050.A. Employee Generation Rates, are mitigated through the provision of
affbrdable housing or cash-in-lieu thereof. If the project qualifies as an Incentive
Lodge project, pursuant to Section 26.470.040.C.3, then thirty (30) percent of the
employees generated by the lodge units shall be mitigated. Affordable housing shall
be approved pursuant to Section 26.470.040.C.7, Affordable Housing, and be
restricted to Category 4 rate as defined in the Aspen Pitkin County Housing Authority
Guidelines, as amended. An applicant may choose to provide mitigation units at a
lower Category designation.
t) 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.
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, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
5. Change in use. A change in use, of an existing property, structure, or portions of an
existing structure, between the use categories identified in Section 26.470.020, (irrespective of
direction) fbr which a Certificate of Occupancy has been issued for at least two (2) years and
which is intended to be reused, shall be approved, approved with conditions, or denied by the
Planning and Zoning Commission based on the 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 proposed development is consistent with the Aspen Area Community Plan.
c) Sixty (60) percent of the additional employees generated by the change, according
Section 26.470.050.A, Employee Generation Rates, are mitigated through the
provision of aflbrdable housing or cash-in-lieu thereof. Any affordable housing units
provided shall be approved pursuant to Section 26.470.040.C.7, Affordable Housing
Ordinance No. 21 Page 18
Series of 2005.
at a Category 4 rate as defined in the Aspen Pitkin County Housing Authority
Guidelines, as amended. An applicant may choose to provide mitigation units at a
lower Category designation.
d) No more than one (1) free-market residential unit is created through the change-in-
use.
e) Affordable housing equal to thirty (30) percent of the additional free-market
residential Floor Area is provided. Afibrdable housing shall be approved pursuant to
Section 26.470.040.C.7, Affordable Housing, and be restricted to Category 4 rate as
defined in the Aspen Pitkin County Housing Authority Guidelines, as amended. An
applicant may choose to provide mitigation units at a lower Category designation.
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, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
6. Free-Market Residential Units within a Mixed-Use Project. The development of new or
expansion of existing free-market residential units within a mixed-use project shall be approved,
approved with conditions, or denied by the Plarming and Zoning Commission based on the
tbllowing criteria:
a) Sufficient growth management allotments are available to accommodate the
expansion, pursuant to Section 26.470.030.D, Annual Development Allotments.
b) The proposed development is consistent with the Aspen Area Community Plan.
c) Af/brdable housing equal to thirty (30) percent of the additional free-market Floor
Area is provided in a in a manner acceptable to the Aspen/Pitkin County Housing
Authority. Affordable housing shall be approved pursuant to Section 26.470.040.C.7,
Attbrdable Housing, and be restricted to Category 4 rate as defined in the Aspen
Pitkin County Housing Authority Guidelines, as amended. An applicant may choose
to provide mitigation units at a lower Category designation.
d) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
7. Affordable Housing. The development of aflbrdable housing deed restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved,
approved xvith conditions, or denied by the Planning and Zoning Commission 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 development is consistent with the Aspen Area Community Plan.
Ordinance No. 21
Series of 2005.
Page 19
c) The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing
Authority. A recommendation from the Aspen/Pitkin County Housing Authority
shall be required tbr this standard. The Aspen/Pitkin County Housing Authority may
choose to hold a public hearing with the Board of Directors.
d) Affbrdable Housing required for mitigation purposes shall be in the form of actual
newly built units or buy-down units. Off-site units shall be provided within the City
of Aspen city limits. Units outside the city limits may be accepted as mitigation by
the City Council, pursuant to 26.470.040.D.2. Provision of aftbrdable housing
through a cash-in-lieu payment shall be at the discretion of the Planning and Zoning
Commission upon a recommendation from the Aspen/Pitkin County Housing
Authority. Required affordable housing may be provided through a mix of these
methods.
e) The proposed units shall be deed restricted as "for sale" units and transferred to
qualified purchasers according to the Aspen/Pitkin County Housing Authority
Guidelines. In the alternative, rental units may be provided if a legal instrument, in a
fbrm acceptable to the City Attorney, ensures permanent affordability of the units.
8. Residential Development - 60 Percent Affordable. The development of a residential
project, or an addition of units to an existing residential project, in which a minimum of sixty
(60) percent of the additional units and thirty (30) percent of the additional Floor Area is
affordable housing deed restricted in accordance with the Aspen/Pitkin County Housing
Authority Guidelines shall be approved, approved with conditions, or denied by the Planning and
Zoning Commission based on the following criteria:
a) Sufficient growth management allotments are available to accommodate the uses,
pursuant to Section 26.470.030.C, Development Ceiling Levels and Section
26.470.030.D, Annual Development Allotments.
b) A minimum of sixty (60) percent of the total additional units and thirty (30) percent
of the project's additional Floor Area shall be affordable housing. Multi-site projects
are permitted. Affordable housing units provided shall be approved pursuant to
Section 26.470.040.C.7, Affbrdable Housing and shall average Category 4 rates as
defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An
applicant may choose to provide mitigation units at a lower Category designation.
c) If the project consists of only one (1) free-market residence, then a minimum of one
( 1 ) affordable residence representing a minimum of thirty (30) percent of the project's
total Floor Area and deed restricted as a Category 4 "for-sale" unit, according to the
provisions of the Aspen/Pitkin County Affordable Housing Guidelines, shall qualify.
d) The project represents nfinimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
9. Residential Development - 70 Percent Affordable. The development of a residential
project, or an addition to an existing residential project, in which seventy (70) percent of the
Ordinance No. 21 Page 20
Series of 2005.
project's additional units and seventy (70) percent of the project's additional 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 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.C, Development Ceiling Levels and Section
26.470.030.D, Annual Development Allotments.
b) Seventy (70) percent of the total additional units and total additional bedrooms shall
be affordable housing. At least forty (40) percent of the units shall average Category
4 rates as defined in the Aspen Pitkin County Housing Authority Guidelines, as
amended. The remaining thirty (30) percent affordable housing unit requirement may
be provided as Resident Occupied (RO) units as defined in the Aspen Pitkin County
Housing Authority Guidelines, as amended. Multi-site projects are permitted.
Affordable housing units provided shall be approved pursuant to Section
26.470.040.C.7, Affordable Housing. An applicant may choose to provide mitigation
units at a lower Category designation.
c) The prqiect represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
Note: A project comprised of one free-market residence, one RO residence, and one
Category residence shall be considered meeting the 70 percent unit standard. A project
comprised of two free-market residences, two RO residences, and two Category
residences shall be considered meeting the 70 percent unit 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" considering the following
criteria: (Note - A project need not meet all of the following criteria, only enough to
be sufficiently considered "exceptional.")
1. The proposed project advances the visions, goals or specific action items of
the Aspen Area Community Plan.
Ordinance No. 21 Page 21
Series of 2005.
2. The proposal exceeds the minimum affordable housing required for a standard
project.
3. The proposed project represents an excellent historic preservation
accomplishment. A recommendation from the Historic Preservation Officer
shall be considered for this standard.
4. 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, families, etc.). A recommendation
from the Aspen/Piktin County Housing Authority shall be considered for this
standard.
5. The proposal minimizes impacts on public infrastructure by incorporating
innovative, energy-saving techniques.
6. The proposal minimizes construction impacts to the extent practicable both
during and after construction.
7. The proposal maximizes potential public transit usage and minimizes reliance
on the automobile.
8. The proposal exceeds minimum requirements of the Efficient Building Code
or for LEEDS certification, as applicable. A recommendation from the
Building Department shall be considered for this standard.
9. The proposal promotes sustainability of the local economy.
10. The proposal represents a desirable site plan and an architectural design
solution.
11. 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.
b) The project complies with all other provisions of the Land Use Code and has obtained
all necessary approvals from the Historic.Preservation Commission, the Planning and
Zoning Commission, and the City Council, as applicable.
c) The Community Development Director shall be directed to reduce the applicable
Annual Development Allotments, as provided in Section 26.470.030(D), in
subsequent year(s) as determined appropriate by the City Council.
2. Provision of Required Affordable Housing Units Outside City Limits. The provision of
affordable housing, as required by Chapter 26.470, Growth Management, with units to be located
outside the City of Aspen boundary, upon a recommendation from the Planning and Zoning
Commission, shall be approved, approved with conditions, or denied by the City Council based
on the following criteria:
a) The proposal promotes the Goals and Objectives of the Aspen Area Community Plan.
b) The off-site housing is within the Aspen Urban Growth Boundary.
Ordinance No. 21 Page 22
Series of 2005.
c) The proposal furthers affbrdable 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/Pitkin County Housing Authority shall be considered for this standard.
d) The applicant has received all necessary approvals from the governing body with
jurisdiction of the off-site parcel.
Note: City Council may accept any percentage of a project's total affbrdable housing
mitigation to be provided through units outside the city's jurisdictional limits, including
all or none.
3. Essential Public Facih'ties. The development of an Essential Public Facility, upon a
recommendation from the Planning and Zoning Commission, shall be approved, approved with
conditions, or denied by the City Council based on the following criteria:
a) The Community Development Director has determined the primary use and/or
structure to be an Essential Public Facility. (See definition.) Accessory uses may also
be part of an Essential Public Facility project.
b) Sufficient gro~vth management allotments are available to accommodate the uses,
pursuant to Section 26.470.030.C, Development Ceiling Levels and Section
26.470.030.D, Annual Development Allotments.
c) The proposed development is consistent with the Aspen Area Community Plan.
d) A sufficient percentage of the employees expected to be generated by the project are
mitigated through the provision of affbrdable housing or cash-in-lieu thereof in a
manner acceptable to the City Council. The Employee Generation Rates may be used
as a guideline but each operation shall be analyzed for its unique employee needs.
The City Council may waive, or partially waive, affordable housing mitigation
requirements as is deemed appropriate and warranted for the purpose of promoting
civic uses and in consideration of broader community goals.
e) Free-Market residential floor area on the parcel is accompanied by affbrdable housing
units or mitigation pursuant to 26.470.040.C.6, unless otherwise restricted in the zone
district. The City Council may waive, partially waive, or establish' a different
limitation as is deemed appropriate and warranted for the purpose of promoting civic
uses and in consideration of broader community goals.
f) 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, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
4. Preservation of Significant Open Space Parcels. On a project specific basis and upon a
recommendation from the Planning and Zoning Commission, the City Council shall approve,
approve with conditions, or deny development of one or more residences in exchange for the
permanent pr~eservation of one or more parcels considered significant for the preservation of
Ordinance No. 21 Page 23
Series of 2005.
open space. The preservation parcel may lie outside the City of Aspen jurisdiction. The
exempted residential units shall be deducted from the respective Annual Development Allotment
established pursuant to Section 26.470.030.D and the Development Ceiling Levels established
pursuant to Section 26.470.030.C. The exempted residential units shall provide affbrdable
housing mitigation, pursuant to the requirements of Section 26.470.040.B.1. This exemption
shall only apply to the specific residences approved through this provision. Other residences
within a project not specifically exempted through this provision shall require growth
management approvals pursuant to this Chapter. The criteria for determining the significance of
a preservation parcel and the associated development rights to be granted may include:
1. The strategic nature of the preservation parcel to facilitate park, trails, or open space
ol~jectives of the City of Aspen. This shall include a recommendation from the City of
Aspen Open Space Acquisition Board.
2. Identification of the preservation parcel as "private land with preservation value" in the
Aspen Area Community Plan or as a parcel desirable for preservation in any other
adopted master plans of the City of Aspen.
3. Proximity and/or visibility of the preservation parcel to the City of Aspen.
4. The development rights of the preservation parcel, including the allowed uses and
intensities and impacts associated with those uses if developed to the maximum.
5. The proposed location of the parcel(s) being granted growth management approvals and
the compatibility of the resulting uses and intensities of development with the
surrounding neighborhood, including the impacts from the specified method of providing
affbrdable housing mitigation. The new residences shall be restricted to the underlying
zoning restrictions of the property on which they lie unless additional restrictions are
necessary in order to meet this criterion.
6. The preservation parcel shall be encumbered with a legal instrument, acceptable to the
City Attorney, which sterilizes the parcel from further development in perpetuity.
26.470.050 Calculations
A. Employee Generation and Mitigation
Whenever employee housing or cash-in-lieu is required to mitigate for 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 mitigation requirement shall be based upon the
incremental employee generation difference between the existing development and the proposed
development.
1. Employee Generation:
The following employee generation rates are the result of the Employee Generation
Study, an analysis sponsored by the City of Aspen during the Summer and Fall of 2002
considering the actual employment requirements of over one-hundred (100) Aspen
businesses. This study is available at the Community Development Department.
Ordinance No. 21 Page 24
Series of 2005.
Employee generation is quantified as full time equivalents (FTEs) per one-thousand
(1,000) square feet of net leasable space.
Zone Distrlct~ Employees generated per 1,000
square feet space of net leasable
Commercial Cm~e (CC) 4.1
CommerCial (C 1) 4.1
~eighborhood Commercial (NC)
Commercial Lodge !cL) commercial space
Lodge (L) commercial space ~
Lod~[ePr~sei~ation (LP) commercial space
Mix~d~Use'! . 3.7
Service C0~er~ial Industrial (SCI) 3.5
ubh¢ 3.9
Lodge Preservation ~L?) lodge units .3 per lodging bedroom
Lodge (L) ~d other zone district lodge Units .5 per lodging bedroom
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. For
commercial net leasable space within Basement and Upper Floors, the rates quoted above
shall be reduced by 25% for the purpose of calculating total employee generation. This
reduction shall not apply to lodge units within Basement and Upper Floors.
For lodging projects with flexible unit configurations, also known as "lock-off units",
each separate "key", or rentable division, shall constitute a unit for the purposes of this
section. Timeshare units and exempt timeshare units are considered lodging projects for
the purposes of determining employee generation.
Applicants may request an Employee Generation Review with the Planning and Zoning
Commission, pursuant to Section 26.470.060, Procedures for Review, and according to
the following criteria. All Essential Public Facilities shall be reviewed by the Planning
and Zoning Comnfission 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 or similar resort
economy.
b) Any unique employment characteristics of the operation.
c) The extent to which employees of various uses within a mixed-use building, or of
a related off-site operation, will overlap or serve multiple functions.
~ For the Public Zone, the study evaluated only office-type public uses and this number should not be considered
typical for other non-office public facilities. Hence, each Essential Public Facility proposal shall be evaluated for
actual employee generation.
Ordinance No. 21 Page 25
Series of 2005.
d) A proposed restriction on the type of business, requiring full employee generation
mitigation upon vacation of the type of business, which may be acceptable to the
Planning and Zoning Commission.
e) Any proposed follow-up analyses of the project (e.g. an audit) to confirm actual
employee generation.
f) For Incentive Lodge projects only: An efficiency or reduction in the number of
employees required for the lodging component of the project may, at the
discretion of the Commission as a means of incentivizing a lodge project, be
applied as a credit towards the mitigation requirement of the free-market
residential component of the project. Any approved reduction shall require an
audit to determine actual employee generation after two complete years of
operation of the Lodge.
2. Employees Housed.
Whenever a project provides residential units on- or off-site to satisfy affordable housing
requirements of this section, the following schedule shall be used to determine the
number of employees housed by such units:
unit Type: Employees Housed:
Studio 1.25
One-bedroom 1.75
Two-bedroom 2.25
Three-bedroom or target 3.00, plus .5 per each additional
bedroom.
Dormitory 1.00 employee per one hundred
fifty (150) square feet of net
livable space.
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 AsperffPitkin County Housing Authority Guidelines, as amended.
4. Accessory Dwelling Units as Mitigation Units. Accessory Dwelling Units,
approved pursuant to Chapter 26.520 and which are deed restricted as "for-sale"
Category housing and transferred to a qualified purchaser according to the provisions of
the Aspen Pitkin County Housing Authority, shall be considered mitigation units and
attributed to a project's affurdable housing provision. ADUs which are not deed
restricted as Category units and are not transferred to qualified purchasers shall not be
considered mitigation units and shall not be attributed to a project's aftbrdable housing
provision.
5. On-Site Housing Serves Multiple Affordable Housing Requirements.
Whenever aftbrdable housing is provided on-site (with actual units) in order to satisfy
one requirement, the same on-site affordable housing may also be used to satisfy any
Ordinance No. 21 Page 26
Series of 2005.
other affordable housing requirement concurrently. For example: A mixed-use project
may require two affordable housing units to mitigate an increase in commercial employee
generation, and two affordable housing units to mitigate free-market residential
development. In this case, providing two on-site affordable housing units shall satisfy
both requirements concurrently.
Whenever required affordable housing is provided by means other than on-site provision,
such housing, or payment-in-lieu thereof, shall accrue consecutively to individual
requirements and shall not serve requirements concurrently. In the above example,
provision of four units would be required.
26.470.060 Development Allotment and Application Review Procedures.
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, existing growth allotments must be
vacated. (Also see, amendment of a growth management approval, Section
26.470.080.)
3. No automatic "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 or renewed in order to be eligible for
the next year's allotments.
4. H?C Conceptual Approval Required. Whenever Historic Preservation Commission
approval is needed for a proposed project, the Historic Preservation Commission's
Conceptual approval must be secured prior to submitting an application for a growth
management allotment.
5. Conceptual PUD Approval Required. Projects requiring approval of a 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. Final PUD applications may be authorized for combined
review pursuant to Section 26.304.060.B.1.
6. Design Review prior to Growth Management. Commercial, Lodging, and mixed-use
projects shall obtain Commercial Design Review approval, pursuant to Section
26.412, prior to submitting an application for growth management allotment.
Residential projects shall obtain Residential Design Standards approval, pursuant to
Section 26.410, prior to submitting an application for growth management allotment.
Ordinance No. 21 Page 27
Series of 2005.
The Community Development Director may waive this requirement and authorize a
combined review, pursuant to 26.304.060.B.1.
Other Required Land Use Reviews. Subdivision approval and other land use review
approvals, as applicable, shall be required and may be reviewed concurrently or
combined with review for growth management, pursuant to Section 26.304.060.B. 1.
Non-Assignability o['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.
Bo
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 multi-year development allotments pursuant to
Section 26.470.040.D. 1. 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 their
submission order and allocations shall be granted accordingly regardless of the various
required processes to complete the growth management review.
2. Procedures for Review. The following procedures shall apply to all growth
management applications:
Community Development Director Review. Applications tbr 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. The Community Development Director may, at his/her own
discretion, refer the application to the Planning and Zoning Commission for their
input. Various referral agencies may hold their own public hearings.
Planning and Zoning Commission Review. Applications for Planning and
Zoning Commission Revie~v 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 and the recommendation of the
Community Development Director 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
Ordinance No. 21 Page 28
Series of 2005.
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 Ordinance, 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, the recommendation of the Planning
and Zoning Commission, and the recommendation of the Community
Development Director during a public hearing according to the applicable
standards and, by Ordinance, 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. 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. Those applicants having received allotments may
proceed to apply for any further development approvals required by this Title or any
other regulations of the City.
4. Expiration of Growth Management 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
26.304.070. Expired allotments shall not be considered valid and the applicant shall be
required to apply for new allotments. Expired allotments shall be added to the next
year's available allotments at the discretion of the Planning and Zoning Commission,
pursuant to Section 26.470.030.E.
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.
c) All requirements for Improvement Surveys outlined in the current City
Engineering Department regulations.
3. A description of the project and the number and type of requested growth management
allotments.
Ordinance No. 21 Page 29
Series of 2005.
4. A detailed description and site plan of the proposed development including proposed land
uses, densities, natural features, traffic and pedestrian circulation, off-street parking, open
space areas, infrastructure improvements, site drainage, and any associated off-site
improvements.
5. A description of the proposed affordable housing and how it provides adequate
mitigation for the project and conforms to the Guidelines of the Aspen/Pitkin County
Housing Authority.
6. A statement as to how the application should be considered "exceptional" if multi-year
allotments are being requested.
7. A statement specifying the public facilities that will be needed to accommodate the
proposed development, proposed infrastructure improvements, and the specific
assurances will be made to ensure the public facilities will be available to accommodate
the proposed development.
8. A written response to each of the Review Criteria contained in Section 26.470.040
according to the specific type of review.
9. Copies of required approvals from the Planning and Zoning Commission, Historic
Preservation Commission, and the City Council, as necessary.
26.470.070 Reconstruction Limitations
A. An applicant may propose to demolish and then delay the reconstruction of existing
development for a period not to exceed one (1) year. To comply with this limitation, and
maintain the reconstruction credit, an applicant must submit a complete building permit
application tbr 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. This time
limitation shall not apply to the reconstruction of single-family and duplex development.
B. Applicants shall verify existing conditions prior to demolition with the City 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.
C. 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.
D. 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 same PUD
when authorized 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:
Ordinance No. 21 Page 30
Series of 2005.
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.
The change does not alter the number, size, type or deed restriction of the proposed
affbrdable housing units or those changes have been accepted by the Aspen/Pitkin
County Housing Authority.
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
appeal made by an applicant aggrieved by a determination made by the Community
Development Director on an application for administrative review shall be to the Planning and
Zoning Commission. The appeal procedures set forth at Chapter 26.316 shall apply. The
Planning and Zoning Commission may reverse, affirm, or modify the decision or determination
of the Community Development Director based upon the application submitted to the
Community Development Director and the record established by the Director's review. The
decision of the Planning and Zoning Commission shall constitute the final administrative action
on the matter.
B. Appeal of adverse determination by the Planning and Zoning Commission. An
appeal made by an applicant aggrieved by a determination made by the Planning and Zoning
Commission on an application for Planning and Zoning Commission Review shall be to the City
Council. The appeal procedures set forth at Chapter 26.316 shall apply. The City Council may
reverse, affirm, or modify the decision or determination of the Planning and Zoning Commission
based npon the application submitted to the Planning and Zoning Commission and the record
established by the Commission's review. The decision of the City Council shall constitute the
final administrative action on the matter.
C. Insufficient Development Allotments. Any property owner within the City of Aspen
who is prevented from developing a property because that year's development allotments have
been entirely allocated may appeal to the City Council for development approval. An
Ordinance No. 21 Page 31
Series of 2005.
application requesting allotments must first be denied due to lack of necessary allotments. The
appeal procedures set forth at Chapter 26.316 shall apply. City Council may take any such action
determined necessary including, but not limited to, making a one-time increase of the annual
development allotment sufficient to accommodate the application.
Section 2:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
Section 4:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 5:
A public hearing on the Ordinance shall be held on the 1 lth day of April, 2005, at 5:00 p.m.
in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to
which hearing a public notice of the same shall be published in a newspaper of general
circulation within the City of Aspen.
Section 6:
This ordinance shall become effective thirty (30) days following final adoption.
[signatures on following page]
Ordinance No. 21 Page 32
Series of 2005.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 28th day of March, 2005.
Attest:
FINALLY, adopted, passed and approved this 9th day of May, 2005.
Attest:
Kathryn S. ]~/och, City Clerk
Approved as to form:
Bendon CSho~ne\infilI\GMQS\GMQS Ordinance.doc
Ordinance No. 21 Page 33
Series of 2005.