Loading...
HomeMy WebLinkAboutordinance.council.048-77RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. Z~% (Series of 1977) Ail ORDINANCE AMENDING THE ASPEN ZONING CODE BY THE ADDITION OF ARTICLE X THERETO ENTITLED "GROWTH MANAGEMENT ~UOTA SYSTEH" PROVIDING A SYSTE~I FOR THE ALLOCATION OF BUILDING PERMITS FOR RESIDENTIAL, LODGE AND COMMERCIAL AND OFFICE STRUCTURES ACCORDING TO PREESTABLISHED QUOTAS AND APPLICATION AND REVIEW PROCEDURES, ALL AS PROVIDED HEREIN WHEREAS, the Aspen City Council has approved the adoption of the Aspen/Pitkin County Growth Hanagement Policy Plan (Third Draft) prepared by the Aspen/Pitkin County Planninq Office and, WHEREAS, the City Council has determined'to establish a permit quota and allocation system to implement the provisions of said ~lan, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the Municipal Code of the City of Aspen, Colorado is hereby amended by the addition of Article X to Chapter 24, which said Article reads as follows: ARTICLE X. GROWTH HANAGEMENT QUOTA SYSTE!I Section 24-10.1 Limitations on Development All other orovisions of this Zoninq Code notwithstanding, there shall be constructed within the City of Aspen in each year no more than the following: (a) within all zone districts, 39 residential dwelling units; (b) within all zone districts, 18 lodge units; and (c) within the CC and C-1 zone districts, 24,000 square feet of commercial and office space; provided that these maximums may be deviated from under those conditions specified in Section 24-10.3(a). No construction, except for that des- cribed in Section 24-10.2, shall oroceed until the ~roject shall have RECORD OF PROCEEDINGS 100 Leaves been awarded a development allotment pursuant to the provisions of this Article. Section 24-10.2 Exceptions The following development activity shall be exempted from complying with the allotment procedures hereinafter provided for: (a) The remodeling, restoration or reconstruction of any existing building (provided there is no expansion of com- mercial floor area nor creation of additional dwelling units); (b) The enlargement of, or change of use in, a structure which has received individual historic designation; (c) The construction of one single family or duplex struc- ture on townsite lots or lot subdivided prior to the effective date of this Article~ (d) All construction of essential governmental projects (other than housing). (e) All construction pursuant to valid building permits issued prior to the effective date of this ordinance; (f) All employee housing units constructed in the commercial and lodge districts pursuant to the density bonus provisions of this Code; (g) All housing units constructed pursuant to Section 24-10.10; and (h) All development not limited by the provisions of Section 24-10.1; provided that the building inspector shall, as required by Section 24-10.8, annually report the amount of residential, commercial, office and lodge construction exemoted by reason of Sections 24-10.2(b)(c) and (f) within the previous year'and these totals shall be deducted from the quota of allowable development in the succeeding year. When reporting exempted construction pursuant to subsection (b), the inspector shall calculate only the additional commercial floor area or dwelling units resulting from such construction. Section 24-10.3 General Provisions (a) In awarding development allotments in any given year, the City Council may authorize construction in excess of the maximum number of dwelling units, lodge units or commercial or office square footage specified in Section 24-10.1 by as much as 20% for dwelling units, 25% for commercial and office square footage and 33% for lodging units (all to be rounded up to the next whole number); provided that any such excess development be off-set by reduction in successive years such that every fifth year the total construction within the previous five years shall not be in excess of the cumulative total permitted by Section 24-10.1. (b) The City Council may (but need not) grant a development allotment for an entire project to be constructed over a period of years provided that each year during the scheduled construction the annual allotment provided for in Section 24-10.1 shall be reduced by the amount of construction per- mitted by the approval. -2- RECORD OF PROCEEDINGS 100 Leaves (c) The Planning Office shall reject any application for development allotment which fails to (1) satisfy minimum utility or access requirements, (2) comply with any approved masterplan for the development area, or (3) comply with the requirements of Chapter 24 (Zoning) of the Code, or any other applicable land use or building regulation of the City of Aspen. (d) In the event Historic Preservation Committee (HPC) approval is needed for any proposed project, (other than that review required by Section 24-10.5 (b)(2) hereof), the Com- mittee's final approval must be secured prior to submitting an application for a develooment allotment under the provisions of this Article; provided, however, that this requirement shall be waived for the years 1977 and 1978 where procuring and prior approval is impossible given the effective date of this Article. (e) Not more than one application for any development site shall be entertained in any one year, provided, however, that more than one application, each for a residential, commercial, office or lodge use (if permitted uses within the zone dis- trict) may be made if the planning office shall determine that each is a distinctly different land use application. (f) Any project needing subdivision or Planned Unit Develoo- ment (PUD) approval which has received a development allot-' merit may be deemed by the olanning office to have satisfied the conceptual presentatio~ requirements of the City's sub- division and PUD regulations, and the office may authorize the applicant to proceed directly to preliminary plat review. (g) In the event two projects shall have received identical point totals and one must be approved to the exclusion of the other because of insufficient allotments, the City Council may award the allotment to neither or to the project proposing development at the lesser floor area ratio or offering more employee or low income housing. (h) Development allotments shall not be assignable or trans- ferable independently of the transfer of the real property on which the approved project was proposed to be constructed. (i) The award of a development allotment for any properties shall not prevent the City of Aspen from entertaining or approving a rezoning application or other zoning code amend- ments inconsistent with the allotment, it being understood that the award of an allotment alone shall not constitute a vested right in the development proposed nor be considered sufficient to bar later inconsistent legislative or admin- istrative changes to the City's land use regulations. Section 24-10.4 Residential Development Application No residential development shall occur within the City, except residential development exempted pursuant to Section 24-10.2, until the proposed development shall have received a development allotment pur- suant to the following procedures: -3- RECORD OF PROCEEDINGS 1 O0 Leaves (a) All applicants for residential development allotments shall file with the City Planning Office on or before January 1st of each year a completed application (on forms to be supplied by the Planning Office) which shall be submitted with the following maps, documents and information: (1) A written description of the proposed development including comments as' to: (aa) (bb) (cc) (dd) (ee) Type of water system to be used including information on main size and pressure and, if public, the excess capacity available from such public system; the location of the nearest main; the estimated water demand of the development or building. Type of sewage treatement system to be used and, if public, the existing excess capacity available from such public system; the nearest location to the building site of a trunk or connecting sewer line; the expected demand of the development or building. Type of drainage system proposed to handle surface, underground and' runoff waters. Type of fire protection systems to be used, (such as hydrants, wet standpipes, etc.); distance to the nearest fire station and its average response time. Total development area; type of housing or development proposed; number of units including employee housing; expected price range of sale or rental; the distance from the proposed development to the nearest elementary,'middle and high school; the distance to existing school bus routes. (ff) Estimated traffic count increase on adjacent streets resulting from the orooosed develop- ment; description of type a~d ~ondition of' roads to serve such development; total number of motor vehicles expected'to use or be stationed in such development; hours of principal daily usage of adjacent roads; on and off site parking to be supplied; location of alternate transit means (bus route, bike paths, etc.); any auto disincentive tech- niques incorporatedin such proposed develop- ment. (gg) Location relative to proposed or existing parks, playgrounds, h0s~itals, airports, mass transit systems and estimated'increased usage of such facilities by reason of the proposed development. -4- RECORD OF PROCEEDINGS 100 Leaves (hh) Location relative to the proposed develop- ment of police facilities, and their average response time; estimate of additional ~olice personnel needed by reason of the ~roposed development. (ii) Location relative to ~roDosed development of retail and serviceou~lets and estimated increase demands on such outlets by reason of the proposed development. Effects of the proposed development on adjacent uses and land uses in the vicinity of the project. (kk) The proposed construction schedule including, if applicable, a schedule for phasing con- struction. (2) (aa) A Site Utilization ~.lap Including: (bb) (cc) (dd) Preliminary architectural drawings in suf- ficient detail to show buildinc size, height, materials, insul.ation, fireplaces, solar energy devices (demonstrating energy conser- vation or solar energy utilization features), type of units, and location of all buildings (existing and proposed) on the development site. Proposed landscaping, screening, attempts at preserving natural terrain and open space, and underqrounding of utilities. Hotor vehicle circulation, parking, bus and transit stops and improvements proposed to insure privacy from such areas. Any major street or road links and school sites, pathways, foot, bicycle or equestrian trails, greenbelts. (ee) General description and location of sur- rounding existing land uses and identification of zoning district boundary lines, if any. (b) The Planning Office shall evaluate all development allot- ments applications during the early weeks of January, reject those that are ineliqible under Section 24-10.3(c), and present its recommendations ~o the Planning and Zoning Commission no later than February 1st of each year or at the Commission's first regular meeting subsequent to that date. The Planning and Zoning Commission shall review all applications taking into consideration the following criteria and point schedule with respect to each of the following areas of'concern: (1) Availability of Public Facilities and Services (maximum 21 points). The Commission shall consider each application with respect to its impact upon public facilities and services and shall rate each development by assigning points according to the following formula: -5- RECORD OF PROCEEDINGS 100 Leaves 0 - Indicates a total infeasibility of providing services 1 - Indicates a major deficiency in service 2 - Indicates an acceptable (but standard) service level 3 - Indicates no foreseeable deficiencies. The following services shall be rated accordingly: (aa) Hater (maximum 3 points) considering the capacity of the water supply system to provide for the needs of the proposed development and, if a public system, its ability to sup9ly water to the development without system'extensions beyond those normally installed by the developer, and without treatement plant or othe~ facility upgrading. (bb) Sewer (maximum 3 points) considering the capacity of the sanitary sewers to dispose of the wastes of the proposed developmbnt and if a public sewage disposal system is to be used the capacity of the system to serve the development without system exten- sions beyond those normally installed by the developer, and without treatment plant or other facility upgrading. (cc) Storm Drainage (maximum 3 poi. nts) considering the capacity of the drainage facilities to adequately dispose of the surface runoff of the proposed development without system extensions be.yond those normally installed by the developer. (dd) Fire Protection (maximum 3 points) consider- ing the ability of the Fire Department of the appropriate Fire Protection District to provide fire protection according to the established response standards of the appropriate district without the necessity of establishing a new station or reeuiring addition of major eeuipment to an e~isting station. (ee) Parking Design (maximum 3 noints) consider- ing the desirability of th~ design of off- street parking areas with respect to visual impact, amount of paved surface, convenience and safety. (ff) Roads (maximum 3 points) considering the canacity of major street linkage to provide for the needs of the proposed development without substantially altering existing traffic patterns or overloading the existing -6- RECORD OF PROCEEDINGS 100 Leaves street system or the necessity of providing increased road mileage and/or maintenance. (gg) Energy (maximum 3 points) considering use of insulation, solar energy devices, and efficient fireplaces to maximize conservation of energy and use of solar energy sources. (2) Availability of Social Facilities and Services (maximum 14 points). The Commission shall consider each application with resgect to its impact upon social facilities and services a~d shall rate each develooment by assigning points according to the following formula: 0 - Project requires the provision of new service at increased public expense 1 - Project may be handled by existing level of service in the area 2 - Project in and of itself improves the quality of service in a given area The following services shall be rated accordingly: (aa) Public Transportation (maximum 2 points) considering the ability of the project to be served by existing City or County bus routes. Two (2) points shall be assigned if the proposed project is on an existing route, one (1) if a stop is within reason- able walking distance (520 feet) and no (0) points if the ~ro~osed development lies outside of any established s~rvice area. (bb) (cc) (dm) (ee) Police Protection (maximum 2 points) considering the ability of current police security services to provide protection according to reasonable response standards without the necessity of additional facil- ities, personnel or equipment. Child Care Facilities (maximum 2 points). Bicycle Paths Linked to City/County Trail System (maximum 2 points). Recycling Facilities (maximum 2 points). Design Features for the Handicapped (maximum 2 points). (gg) Proximity to Commercial Support Facilities (maximum 2 points). ' (3) Provision of Low, Moderate and Middle Income Housing (maximum 30 points). The Commission shall consider to what extent each development proposal will satisfy local needs for low, moderate', and middle income housing and -7- RECORD OF PROCEEDINGS 100 Leaves shall rate each proposal and assign points according to the following schedules: (aa) Middle Income Housing Points 15-29% of project units 30-44% of project units 45-59% of project units 60% (or more) of project units 2 3 4 5 (bb) Hoderate Income Housing Points 15-29% of project units 4 30-44% of project units 6 45-59% of project units 8 60% (or more) of project units 10 (cc) Low Income Housing Points 15-29% of project units 6 30-44% of project units 9 45-59% of project units 12 60-79% of project units 15 80-89% of project units 20 90-100% of project units 30 In order to establish criteria to determine which proposals constitute low, moderate and middle income housing, the local housing authority shall, prior to October 15th of every year, advise the Planning and Zoning Commission as to the current average rental and purchasing costs for residential housing within the community and the Commission shall, from this reoort, assign a range of purchase and rental costs for each of the above three categories. Any such determination is subject to the review of the City Council whose action shall be final. (4) The Commission may, when it shall determine that a project has incoreorated the criteria of Sections 24-10.4(b)(1), (2) and (3) and achieved an outstanding overall design meriting recognition, award additional points not exceeding 20% of the total points awarded under Sections 24-10.4(b)(1), (2) and (3). (c) The Commission shall consider all eligible applications at a public hearing at the close of which each member of the Commission shall identify the number of points assigned by him under each of the criteria outlined in Sections 24-10.4(b) (1), (2), (3) and (4), and the total number of points awarded by all members, divided by the number of members voting, shall constitute the total points awarded to the project. Any project not receiving a minimum of 60% of the total points available under Sections 24-10.4(b) (1), (2) and (3), shall no longer be considered for a development allotment and the application shall be considered denied. (d) All projects shall be ranked according to the total points received (highest to lowest) and the ranking thus established by theCommission shall be forwarded to the City Council on or before March 1st of each year. -8- RECORD OF PROCEEDINGS 100 Leaves (e) In the event that any applicant is awarded points for middle, moderate and low income housing, the Commission may impose, as a condition for receiving points under Section 24-10.4(b) (3), limitations on rental or sale or impose such other terms or conditions reasonably related to achiev- ing the purposes of Section 24-10.4(b) (3); and may, in establishing such terms and conditions, seek the advice of the local housing authority. (f) Having received the Commission's report, the City Council shall consider any challenges thereto by applicants; PROVIDED, HOWEVER, that no challenges shall be heard by the City Council on grounds other than matters which have not previously been considered by the Commission. Subsequent to the conclusion of all protest hearings provided for in this section, during which the City Council may change the number of points awarded to any protesting applicant, the City Council shall, by resolution and prior to April 1st of each year, allocate develop- ment allotments among eligible applicants in the order of priority established by their rank. Those applicants having received allotments may proceed to apply for any further development approvals required by the zoning, building or other regulations of the City. Unallocated allotments shall be carried over to the following year for possible distribution at that (or a later) time. (g) No applicant shall, after submission of his application pursuant to Section 24-10.4(a) amend, modify or change his application except in insubstantial part and for purposes of clarification or technical correction only. (h) The procedural deadlines established in this Section 24-10.4 may be modified by the Aspen City Council for the years 1977 and 1978 in the event that they are unworkable given the effective date of this Article. There shall be available for distribution in the year 1977 allotments in number equal to the difference between the number of single family and duplex dwelling units constructed in 1977 and the annual limitation established in Section 24-10.1(a). Section 24-10.5 Commercial and Office Development Application Procedures No development of commercial or office space within the CC and C-1 districts except office and commercial development exempted pursuant to Section 24-10.2, shall occur until the proposed development shall have received a development allotment pursuant to the following procedures: (a) All applicants for commercial and office allotments shall file withthe~City Planning Office, on or before September 1st of each year, a completed application (on forms to be supplied by the Planning Office) which shall be submitted with the following maps, documents and infor- mation: (1) A written description of the proposed development including comments as to: (aa) Type of water system to be used including information on main size and pressure and, if public, the excess capacity available -9- RECORD OF PROCEEDINGS 100 Leaves (bb) (cc) (dd) (ee) (ff) from such public system; the location of the nearest main; the estimated water demand of the building. Type of sewage treatment system to be used and, if public, the existing excess capacity available from such ~ublic system; the loca- tion of the nearest ~runk or connecting sewer line; the estimated sewer demand of the building. Type of drainage system proposed to handle surface, underground and runoff waters. Total development area including lot coverage, internal square footage, and areas devoted to open space or landscaping. Estimated traffic count increase on adjacent streets resulting from the proposed development; total number of vehicles expected to use or be stationed in the proposed buildings; hours of principal daily usage; on and off street parking to be supplied; location of alternate transit means (bus route, bike paths, etc.); any auto disincentive techniques incorporated into the proposed development. All oroposed uses for the structure identi- fying not only anticipated initial users but all uses that 9otentially may be made of the building (description by category is suffic- ient) without substantial building changes. (gg) Effects of the proposed development on adjacent uses and land uses in the vicinity of the project. (hh) The proposed construction schedule including, if applicable, a schedule for phasing construction. (2) A Site Utilization Hap Including: (aa) Preliminary architectural drawings in suf- ficient detail to show building size, height, material, insulation, fireplaces or solar energy devices (demonstrating energy conser- vation or solar energy utilization features), type of commercial spaces or units, and location of all buildings (existing and proposed) on the development site. (bb) Proposed landscaping, screening, attemuts at preserving natural terrain and open space, and undergrounding of utilities. (cc) Motor vehicle circulation, parking, bus and transit stops and improvements proposed to insure grivacy from such areas. -10- RECORD OF PROCEEDINGS 100 Leaves (dd) Any major street or road links and school sites, pathways, foot, bicycle or equestrian trails, greenbelts. (ee) General description of surrounding existing land uses and identification of zoning or historic district boundary lines, if any. (b) The Planning Office shall evaluate all development allot- ment applications during the early weeks of September, reject those that are ineligible under Section 24-10.3(c) and present its recommendations to the Planning and Zoning Commission no later than October 1st of each year or at the Commission's first regular meeting subsequent to that date. The Planning and Zoning Commission shall review all applications taking into consideration the following criteria and point schedule with respect to each of the following areas of concern: (1) Quality of Design (exclusive of historic features) (maximum 15 points). The Commission shall consider each application with respect to the quality of its exterior and site design and shall rate each development by assigning points according to the following formula: 0 - Indicates a totally deficient design 1 - Indicates a major design flaw 2 - Indicates an acceptable (but standard) design 3 - Indicates an excellent design The following features shall be rated accordingly: (aa) Architectural design (maximum 3 points) con- sidering the compatibility of the proposed building (in terms of size, height, location and building materials) with existing neigh- boring developments. (bb) Site design (maximum 3 points) considering the quality and character of the proposed landscaping and open space areas, the extent of undergrounding of utilities, and the arrangement of improvements for efficiency of circulation (including access for service vehicles) and increased safety and privacy. (cc) Energy (maximum 3 points) considering the use of insulation, solar energy devices and efficient fireplaces to maximize conservation of energy and use of solar energy sources. (dd) Amenities (maximum 3 points) considering the provision of usable open space and pedestrian and bicycle ways. (ee) Visual Impact (maximum 3 points) considering the scale and location of buildings to maxi- mize public views of surrounding scenic areas. - 11 RECORD OF PROCEEDINGS 100 Leaves (2) Historic Features (maximum 15 points). The Commission shall refer applications for allotments within the CC and C-1 zone districts to the Historic Preservation Committee (HPC) and accept its evaluation with respect to the compati- bility of the project with the historic character of the Aspen Community and the Historic Preservation Committee (HPC) shall rate each development by assigning points according to the following formula: 0 - Indicates a totally incompatible design 1 - Indicates a major design flaw which creates a major conflict with historic structures in the vicinity 2 - Indicates an acceptable (but standard) design 3 - Indicates an excellent design The following features shall be rated accordingly: (aa) Massing (maximum 3 points) considering the massing, type of roof, and overall compatibility with the historic scale represented inthe vicinity of the project. (bb) Exterior Building Materials (maximum 3 points) considering the application of historic building materials and their use on all facades of the structure, avoidance of garish, reflective or other disruptive materials. (cc) Architectural Detail (maximum 3 points) considering overall visual impression given by fenestration and the use of building detail near windows, doors, corners, roof lines and at floor level. (dd) Color (maximum 3 points) considering the compatibility of colors and the variation in color when necessary to maintain historic scale. (ee) Architecture (maximum 3 points) considering the use of compatible contemporary design as opposed to the imitation of historic architectural features. (3) Community Commercial Uses (maximum 6 points) The Commission shall consider, with respect to construction of commercial and office space within the CC and C-1 zone districts, the uses which are to occupy the develop- ment and the extent to which the development will house its employees on site. The Commission shall evaluate the probability of its supplying commercial and office uses and housing to satisfy the needs of the residents of the community as opposed to being designed to accommodate the area's tourist needs and shall assign points according to the following formula: - 12- RECORD OF PROCEEDINGS 100 Leaves Indicates a project totally lacking in any housing or uses directed to supplying needs of local residents Indicates a project with its main emphasis on supplying tourist services with little or no on site housing Indicates a project with housing and uses that will be relied on by both the tourist and residential ~opulations Indicates a project which is designed almost exclusively to satisfy the needs of the com- munity's residential population with only incidental tourist use and no tourist housing being anticipated The followi (aa) (bb) ng uses shall be rated accordingly: Employee Housing (maximum 3 points) considering the extent to which the project supplies housing for employees generated by the proposed commercial uses. Medical and Other Service Needs (maximum 3 points) considering the extent to which the project supplies medical, dental and similar professional office space; as well as banking, appliance supplies and repair, grocery, hard- ware, drug store, laundry, and similar uses desiqned and intended to serve the routine trad~ and service needs of the community. (4) The Commission may, when it shall determine that a Iroject has incorporated the criteria of Section 24-10.5(b) 1), (2) and (3) ~nd achieved an outstanding overall design meriting recognition, award additional points not exceeding 20% of the total points awarded under Sections 24-10.5(b) (1), (2) and (3). (c) The Commission shall consider all eligible applications at a public hearing at the close of which each member of the Commission shall identify the number of points assigned by him under each of the criteria outlined in Sections 24-10.5(b) (1), (2), (3) and (4), and the total number of points awarded by all members, divided by the number of members voting, shall constitute the total points awarded to the project. Any pro- ject not receiving a minimum of 60% of the total points available under Sections24-10.5(b) (1), (2) and (3), or a minimum of 30% of the points available under each of Sections 24-10.5(b) (1), (2) and (3), shall no longer be considered for a development allotment and the application shall be considered denied. (d) All projects shall be ranked according to the total points received (highest to lowest) and the ranking thus established by the Commission shall be forwarded to tile City Council on or before November 1st of each year. - 13- RECORD OF PROCEEDINGS 100 Leaves (e) Having received the Commission's report, the City Council shall consider any challenges thereto by applicants; PROVIDED, HOWEVER, that no challenge shall be heard by the Council on grounds other than matters which have not previously been considered by the Commission. Subsequent to the conclusion of all protest hearings provided for in this section, during which the City Council may amend the number of points awarded to any protesting applicant, the City Council shall by resolution and prior to December 1st of each year, allocate development allot- ments among eligible applicants in the order of priority established by their rank. Those applicants having received allotments may proceed to apply for any further development approvals required by the zoning, building or other regulations of the City. Unallocated allotments shall be carried over to the following year for possible distribution at that (or a later) time. (f) No applicant shall, after submission of his application pursuant to Section 24-10.5(a) amend, modify or change his application except in insubstantial part and for purposes of clarification or technical correction only. (g) The procedural deadlines established in this Section 24-10.5 may be modified by the Aspen City Council for the years 1977 and 1978 in the event that they are unworkable given the effective date of this article. There shall be available for distribution in the year 1977, allotments sufficient to authorize construction of 24,000 square feet of commercial and office space. 24-10.6 Lodge Development Application Procedures No lodge development shall occur within the City, except lodge development exempted pursuant to Section 24-10.2, until the proposed develop- ment shall have received a development allotment pursuant to the following procedures: (a) All applicants for lodge allotments shall file with the City Planning Office, on or before September 1st of each year, a completed application (on forms to be supplied by the Planning Office) which shall be submitted with the following maps, documents and information: (1) A written description of the proposed development including comments as to: (aa) Type of water system to be used including information on main size and pressure and, if public, the excess capacity available for such public system; the location of the nearest main; the estimated water demand of the building. (bb) Type of sewage treatment system to be used and, if public, the existing excess capacity available from such public system; the location of the nearest trunk or connecting sewer line; the estimated sewer demand of the building. (cc) Type of drainage system proposed to handle surface, underground and runoff waters. - 14- RECORD OF PROCEEDINGS 100 Leaves (dd) Total development area including lot coverage, internal squ~re footage, and areas devoted to open space or landscaping. (ee) Estimated traffic count increase on adjacent streets resulting from the proposed development; total number of vehicles expected to use or be stationed in the ~ro~osed buildings; hours of principal daily u~ag~; on and off street parking to be supplied~ location of alternate transit means (bus route, bike oaths, etc.); any auto disincentive technique~ incorporated into the proposed development. (ff) Effects of the proposed development on adjacent uses and land uses in the vicinity of the project. (gg) The proposed construction schedule including, if applicable, a schedule for phasing construction. (2) (aa) A Site Utilization Map Including: Preliminary architectural drawings in suffi- cient detail to show building size, height, material, insulation, fireplaces or solar energy devices (demonstrating energy conser- vation or solar energy utilization features), type of commercial s~aces or units, and location of all buildings (existing and proposed) on the development site. (bb) Prooosed landscaping, screening, attempts at ~reserving natural terrain and open space, and'undergrounding of utilities. (cc) Motor vehicle circulation, parking, bus and transit stops and improvements proposed to insure privacy from such areas. (ad) Any major street or road links and school sites, pathways, foot, bicycle or equestrian trails, greenbelts. (ee) General description of surrounding existing land uses and identification of zoning or historic district boundary lines, if any. (b) The Planning Office shall evaluate all develogment allotment applications during the early weeks of September, reject those that are ineligible under Section 24-10.3(c) and ~resent its recommendations at the Planning and Zoning Commission no later than October 1st of each year or at the Commission's first regular meeting subsequent to that date. The Planning and Zoning Commission shall review all apDli- cations taking into consideration the following criteria and point schedule with respect to each of the following areas of concern: - 15- RECORD OF PROCEEDINGS 100 Leaves (1) Availability of Public Facilities and Services (maximum 15 points). The Commission shall consider each application with respect to its impact upon public facilities and services and shall rate each development by assigning points according to the following formula: 0 - Indicates a total infeasibility of providing services 1 - Indicates a major deficiency in service 2 - Indicates an acceptable (but standard) service level 3 - Indicates no foreseeable deficiencies. The following services shall be rated accordingly: (aa) Water (maximum 3 points) considering the capacity of the water supply system to provide for the needs of the proposed ~eveloDment and, if a public system, its ability to supply water to the development without system extensions beyond those normally installed by the developer, and without treatment plant or other facility upgrading. (bb) Sewer (maximum 3 points) considering the capacity of the sanitary sewers to dispose of the wastes of the proposed development and if a public sewage disposal system is to be used the capacity of the system to serve the development without system extensions beyond those normally installed by the developer, and without treatment plant or other facility upgrading. (cc) Storm Drainage (maximum 3 points) considering the capacity of the drain- a~e facilities to adequately dispose o~ the surface runoff of the proposed development without system extensions beyond those normally installed by the developer. (dd) Fire Protection (maximum 3 points) considering the ability of the Fire Department of the appropriate Fire Protection District to provide fire protection according to the established response standards of the appropriate district without the necessity of establishing a new station or requiring addition of major equipment to an exist- ing station. (ee) Roads (maximum 3 points) considering the capacity of major street linkage - 16- RECORD OF PROCEEDINGS 100 Leaves to provide for the needs of the proposed develoQment without substantially altering existing traffic patterns or overloading the existing street system or the necessity of providing increased road mileage and/or maintenance. (2) Availability of Social Facilities and Services (maximum 10 points). The Commission shall consider each application with resQect to its impact upon social facilities and services and shall rate each development by assigning points according to the following formula (except for public transportation): 0 - Project requires the provision of new services a{ increased public expense 1 - Project may be handled by existing level of service in the area 2 - Project in and of itself improves the quality of service in a given area The following services shall be rated accordingly: (aa) Public Transportation (maximum 6 points). Six (6) points shall be given if within walking distance (520 feet) of a ski lift and abuts public transit route. Four (6) ooints shall be given if within reasonable ~alking distance of both a ski lift and oublic transit stoo. Two (2) points shall be given if within'reasonable walking dis- tance of either a ski lift or public transit StOD. And no (0) points shall be given if not'within a reasonable walking distance of either. (bb) Police Protection (maximum 2 Qoints). Con- sidering the ability of current police security services to Qrovide protection according to reasonable r~sponse standards without the necessity of additional facilities, personnel or equipment. (cc) Proximity to commercial supoort facilities (maximum ~ points). (3) Quality of Design (maximum 15 points). The Commission shall consider each application with respect to the quality of its exterior and site design and shall rate each develop- ment by assigning points according to the following formula: 0 - Indicates a totally deficient design 1 - Indicates a major design flaw 2 - Indicates an acceptable (but standard) design 3 - Indicates an excellent design - 17- RECORD OF PROCEEDINGS 100 Leaves The following shall be rated accordingly: (aa) Architectural design (maximum 3 points) considering the compatibility of the proposed building (in terms of size, height, location and building materials) with existing neigh- boring developments. (bb) Site design (maximum 3 points) considering the quality and character of the proposed landscaping and open space areas, the extent of undergrounding of utilities, and the arrangement of improvements for efficiency of circulation (including access for service vehicles) and increased safety and privacy. (cc) Energy (maximum 3 ooints) considering the use of insulation, solar ~nergy devices and efficient fireolaces to maximize conservation of energy and ~se of solar energy sources. (dd) Amenities (maximum 3 points) considering the provision of usable public open space and pedestrian and bicycle ways. (ee) Visual Impact (maximum 3 points) considering the scale and location of buildings to maximize public views of surrounding scenic areas. (4) Services Provided for Guests (maximum 6 points). The Commission shall consider each application with respect to its proposed services for guests. The Commission's consideration shall include but not be limited to the following: (aa) Spaciousness and quality of common meeting areas such as lobbies and conference areas. (bb) Dining facilities on site. (cc) Accessory recreational facilities. (dd) Conference and banquet facilities. (ee) Proximity to ski trails and ability to ski in and gain access to lifts on a walking basis. (fl) Overall tourist appeal. (5) Conformance to local public policy goals (maximum 12 points). The Commission shall consider each application and its degree of conformity wi th local planning policies as follows: (aa) Reduction of tourist rental space below maximum allowable internal F.A.R. (maximum 3 points). Reduction of greater than: 15% - 3 points 10% - 2 points 05% - 1 point - 18- RECORD OF PROCEEDINGS 100 Leaves (bb) Provision of bonus employee housing (maximum 6 points). The Commission shall award points as follows: 75% or more of lodge employees housed on site 6 points 50% or more of lodge employees housed on site 4 points 25% or more of lodge employees housed on site - 2 points (cc) Auto disincentive (maximum 3 points). The Commission shall award points based upon the degree to which the application ~rovides alternatives to conventional car use and parking as follows: 1. One (1) limousine with regular service Der 25 guests (based on theoretical ~apacity of lodge) 1 point 2. Reduction in parking below minimum recommended in code when done in coordination with limousine service - 1 point 3. Prohibition against employee parking on property guaranteed by covenant - 1 point (6) The Commission may, when it shall determine that a roject has incorporated the criteria of Sections 24-10.6 ~b) (1), (2), (3), (4) and (5) and achieved an outstanding overall design meriting recognition, award additional points not exceeding 20% of the total points awarded Under Section 24-10.6(b) (1), (2), (3), (4) and (5). (c) The Commission shall consider all eligible applications at a public hearing at the close of which each member of the Commission shall identify the number of points assigned by him under each of the criteria outlined in Sections 24-10.6(b) (1), (2), (3), (4), (5) and (6) and the total number of points awarded by all members, divided by the number of members voting, shall constitute the total points awarded to the project. Any project not receiving a minimum of 60% of the total points available under Sections 24-10.5(b) (1), (2), (3), (4) and (5), or a minimum of 30% of the points avail- able under each of Sections 24-10.6(b) (1), (2), (3), (4) and (5), shall no longer be considered for a development allot- ment and the application shall be considered denied. (d) All projects shall be ranked according to the total points received (highest to lowest) and the ranking thus established by the Commission shall be forwarded to the City Council on or before November 1st of each year. (e) Having received the Commission's report, the City Council shall consider any challenges thereto by applicants; PROVIDED, - 19- RECORD OF PROCEEDINGS 100 Leaves HOWEVER, that no challenge shall be heard by the Council on grounds other than matters which have not previously been considered by the Commission. Subsequent to the conclusion of all protest hearings provided for in this section, during which the City Council may amend the number of points awarded to any protesting applicant, the City Council shall by resolution and prior to December 1st of each year, allocate development allot- ments among eligible applicants in the order of priority established by their rank. Those applicants having received allotments may proceed to apply for any further development approvals required by the zoning, building or other regulations of the City. Unallocated allotments may be carried over to the following year for possible distribution at that (or a later) time. (f) No applicant shall, after submission of his application pursuant to Section 24-10.6(a) amend, modify or change his application except in insubstantial part and for purposes of clarification or technical correction only. (g) The procedural deadlines established in this Section 24-10.6 may be modified by the Aspen City Council for the years 1977 and 1978 in the event that they are unworkable given the effective date of this Article. There shall be available for distribution in the year 1977 allotments suf- ficient to authorize construction of 18 lodge units. 24-10.7 Rescinded and Expired Permits (a) All applicants who shall have been awarded allotments shall submit plans sufficient for building permit issuance within a period ending on the second anniversary of the dead- line for submission of the application for which the allotment was made. Failure to do so shall cause the allotment to automatically expire. Any expired allotments shall be added to available allotments and may be awarded pursuant to the procedures established in the Article. (b) Should an applicant previously awarded a development allotment deviate from any essential element of his proposal, or fail to satisfy any material condition imposed onme allot- ment received, or fail to comply with the development schedule submitted with his application, the Planning Office shall notify the City Council which may, after hearing, rescind all or any part of the allotment and all rescinded allotments shall be added to available allotments and may be awarded pursuant to the procedures established in the Article. 24-10.8 Reports of Building Inspec~o[ The Building Inspector shall, on or before September 1st of each year, report to the Planning Office with respect to the amount of exempted residential, commercial, office and lodge development which has (or will) occurred in the current year, as well as the number of rescinded and expired residential, commercial, office and lodge allotments which are available for reallocation pursuant to the provisions of Section 24-10.7. 24-10.9 Regulations Both the Commission and City Council may adopt rules and regula- tions for the administration of this article not inconsistent herewith, provided, however, that all administrative hearings shall, at a minimum, comply with the requirements of Ordinance 87, Series of 1975. - 20 - RECORD OF PROCEEDINGS 100 Leaves Section 24-10.10 Employee Housina In the event that the City of Aspen shall adopt, by amendment to this code, any procedures for the approval of projects designed to supply local housing needs, then, in that event, the City Council may annually approve the construction of no more than twenty (20) such units in addition to those housing units authorized by Section 24-10.1(a) above. In determining whether or not to authorize the construction of such additional units, the City Council shall consider, at a minimum, the need for such employee housing and the amount of current construction under Section 24-10.2(c). Section 24-10.11 Public Hearings Notice of public hearings required by Sections 24-10.4(c), Section 24-10.5(c) and 24-10.6(c) shall be given once in a newspaper of general circulation and published within the City of Aspen at least fifteen (15) days prior to said hearings. Section 24-10.12 Independent Commission The City Council shall for the year 1978 and subsequent thereto, appoint a committee to act in lieu of the Planning and Zoning Commission in the review of allotment applications herein provided for. Such committee shall in addition, be authorized to review and make recommendations for changes to the Aspen/Pitkin County Growth Management Policy Plan and to this Article 10, it being the intention of this section an'd the elements of the plan and the provisions of this Article be constantly monitored, and that allotment quotas be adjusted, when necessary, all to meet the objectives of the City's growth management policies. Section 2 If any provision of this Ordinance of the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given affect without the invalid provisions or applications, and to this end the provisions of this Ordinance are declared to be severable. Section 3 A public hearing on this Ordinance shall be held on tt ~ , 1977 at~.:O0 P.M. in the City Council Chambers, City Hall Aspen, Colorado, 15 days prior to which notice of the same shall be given in a newspaper of general circulation within the City. INTRODUCED, READ AND ORDERED published as provided by law by the Aspen City Council at its meeting held ~z_~) fo~_ 1977. - 21 - RECORD OF PROCEEDINGS 100 Leaves '. ~tacy St~ndley III ,~.ayor ~'- ATTEST: Kathryn S.~/lauter City Clerk FINALLY APPROVED AND ADOPTED by the Asgen City Council on Stacy $~tandley III, Mayor ATTEST: Kathryn S..~/auter ' City Cler-- kv - 22 - RECORD OF PROCEEDINGS 100. Leaves STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Hauter, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on ~ reading at a regular meeting of the ~ity Council of the / · City of Aspen on . ~/~/z, 197 , and p~llsh- ed in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of ~~ /~ , 197_~.., and was finally adopted and approved at a regular meeting of the city Council on ~~__ /~, 197 ~., and ordered published as Ordinance No. ~' , Series of 197~, of said City, as provided by law. IN WIT~SS W~OF, ! have hereunto set my hand and the seal of said City of Aspen, Colorado, this ~ ~a--J~.ryn S~Hau~er, City clerk