HomeMy WebLinkAboutresolution.apz.025-97RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE APPROVAL OF AN AMENDMENT TO CHAPTER 26 OF THE
MUNICIPAL CODE, LAND USE' REGULATIONS, SECTION 26.100.040
"ANNUAL DEVELOPMENT ALLOTMENTS"; SECTION 26.100.060
"DEVELOPMENT ALLOTMENT PROCEDURES"; AND SECTION 26.102.060
-"PROCEDURE AND STANDARDS FOR DEVELOPMENT ALLOTMENT"
RELATED TO THE GROWTH MANAGEMENT QUOTA SYSTEM.
Resolution 97- ~'
WHEREAS, The Community Development Department developed, reviewed and
recommended approval of an amendment to the land use regulations, certain text
amendments to Chapter 26 relating to Section 26. i 00.040 "Annual Development
Allotments"; Section 26.100.060 "Development Allotment Procedures"; and Section
26.102.060 "Procedure and Standards for Development Allotment" related to the Growth
Management Quota System; and
WHEREAS, pursuant to Section 26.92.030 of the Municipal Code, amendments
to Chapter 26 of the Code, to wit, "Land Use Regulations," shall be reviewed and
recommended for approval by the .Planning Director and then by the Planning and Zoning
Commission at a public hearing, and then approved, approved with conditions, or
disapproved by the City Council at a public hearing; and
WHEREAS, the Community Development Department reviewed the proposal
and recommended approval; and
WHEREAS, the Planning and Zoning Commission reviewed the application at
its regular meeting on October 7, 1997, at which the Commission approved by a 7-0 vote
the proposed text amendment, with minor changes.
NOW, THEREFORE BE IT RESOLVED by the Commission:
Section One'
That Section 26. 100.040 "Annual Development Allotments"; shall be amended to read
as follows (with new language underlined):
26.100.040 Annual development allotments.
The residential and tourist accommodations growth management quota
system's method of establishing annual development allotments has been designed
to be as fair and flexible as possible. It establishes pools of development
allotments that are available for use by metro area exempt and non-exempt
projects during one-year periods, running from June 1 to May 31. The system
allows allotments to be "borrowed" from future years if necessary to
accommodate very high-quality projects. The Metro Area development ceilings
are based upon a 23 year growth period. Allotments may be borrowed from
future growth management years to accommodate exceptional high quality
projects. As a result of the flexibility that has been built into the allotment system,
the number of allotments available during any one year may vary.
and B. 1 and B. 2:
B. Optional multi-year maximum allotments for "exceptional"
projects.
1. Award of optional multi-year maximum allotments. When the
"Optional (Multi-Year) Maximum Allotment Pool" formula of Section
26.100.040(A)(3) yields available allotment pool levels that exceed the allotment
pool levels calculated pursuant to the "Standard Maximum Allotment Pool"
formula of Section 26.100.040(A)(3), the City Council shall be authorized to
make optional multi-year allotments available to "exceptional" non-exempt
developments and to "exceptional" exempt developments located in the
AH1/PUD zone district. "Optional (Multi-Year) Maximum Allotments" shall be
made available only to specific projects, and in the event that the allotments
expire or are otherwise unused after being awarded, they shall not be carried over
as surplus allotments or be transferred to other projects.
2. Approval criteria. Because the award of optional multi-year'
maximum allotments may result in fewer allotments being available in subsequent
years, the use of optional multi-year maximum allotments shall be reserved for
exceptional non-exempt projects that exceed the minimum score for an allotment
established in Section 26.100.080 or for "exceptional" exempt projects located in
the AH 1/PUD zone district that meet the minimum score for an allotment
established in Section 26.100.080. The Growth Management Commission may
recommend and the City Council may award optional multi-year maximum
allotments as part of its ranking and allocation review conducted pursuant to
Section 26.100.060(C).
and B. 2. b '
be
After consideration of the recommendation of the Growth
Management Commission, City Council may award optional (multi-year)
allotments if a project complies with the following standards:
Section Two:
That Section 26.100.060 "Development Allotment Procedures" shall be amended to read
as follows(with new language underlined):
B. 3 andB. 4.:
3. Procedure. For exempt development: A.development application
for a development allotment for exempt development shall be reviewed pursuant
to Common Procedures, Chapter 26.52. After review for completeness and review
and approval in accordance with Section 26.100.050, development allotments
shall be allocated on a. first-come-first-served basis, provided that all applications
submitted on the same day shall be construed to have been submitted at the same
time. In the event that the number of development applications submitted on the
same day exceeds the number of development allotments available, a random
drawing shall be held to determine the order in which allocations are granted.
Those applications that do not receive a development allotment in the random
drawing shall remain valid until the following May 31. In the event that additional
allocations become available on or before May 31, development allotments shall
be allocated on the basis of the original random, drawing. If allotments are
available after awarding allotments to those applications included in the random
drawing, they shall again be made available to applications on a first-come-first-
served basis, based on the date of submittal. If development allotments have n°t
been allocated to an application by May 31, that application shall expire and be
ineligible for allocation until a new application is submitted.
4. For "exceptional" exempt projects located in the AH1/PUD zone
district. The procedures established in Section 26.100.060(C)(3) shall be
followed to evaluate exempt projects seeking optional multi-year maximum
allotments. An applicant may challenge or appeal scores awarded by the Growth
Management Commission by following the procedures in Section 26.100.060(D).
and C. 3 through 8:
3. Staff Review. A development application for a development
allotment for non-exempt development shall be reviewed pursuant to Common
Procedures, Chapter 26.52. After review for completeness and a recommendation
for scoring by the Community Development Director, such applications shall be
reviewed and recommended for the award of development allotments in
accordance with the procedures and standards of this section. An applicant may
amend an incomplete application to make technical corrections or clarifications_.
An applicant may also may make substantive changes to a complete application
prior to scoring if there are sufficient allotments available to accommodate the
number of allotments requested by all of the competitors. Complete applications
may not be amended prior to scoring if there are not sufficient allotments
available.
4. Growth Management Commission meeting procedures. The
Chairperson of the Growth Management Commission may establish time limits
for each part of the meeting prior to the beginning of the discussion. If oral
presentations are limited due to time constraints, anyone may submit written
testimony to the official record or the proceedings.
a. Community Development staff shall present a summary of staff's
review of the application(s) based upon the scoring criteria.
b. The applicant or applicant's representative shall present comments
regarding the application(s)' consistency with the scoring criteria.
c. Citizens in attendance at the public hearing, including other
applicants competing for an allotment, shall be provided the opportunity to
comment.
d. The Growth Management Commission may ask questions of staff,
applicant(s) or citizens and make comments regarding the application(s).
e. The Growth Management Commission shall score the
application(s) on the score sheets provided by the staff and submit their score
sheets for the staff to calculate the overall score for the application(s) pursuant to
Section 26.100.060(C)(5).
5. After the public hearing is officially closed, the Growth
Management Commission shall consider and score each application based on the
scoring criteria in Section 26.100.080. The following scoring procedures shall be
adhered to:
a. Each Growth Management Commission member shall assign a
whole number score (not a fractional number) to the project.
b. Following the initial scoring, commission members shall be free to
discuss individual scores and to offer justification for such scores.
c. Following the close of Growth Management Commission
discussions regarding initial scoring, a final scoring round will be held, during
which each Growth Management Commission member shall again identify the
number of points, expressed as whole numbers, assigned to the project. Growth
Management Commission members shall be free to revise the number of points
awarded to a project between the preliminary and final scoring rounds.
d. After the close of the final scoring round, a project's final average
score shall be calculated by (1) totaling the commissioners' individual scores and
(2) dividing that total by a number equal to the number of commissioners who
participated in the final scoring round. Final average project scores shall be
calculated for each of the four growth management scoring criteria of Sections
26.100.080(C)(1-4), and a cumulative score shall be calculated for the criteria as a
whole. The final average cumulative score calculated pursuant to this provision
shall constitute the projects final score.
e. Projects shall be ranked in order of their final average scores.
f. The project rankings and any recommendations for the award of
optional maximum allotments shall be forwarded by resolution to the City
Council and Board of County Commissioners.
6_ Actions required for approval of allotments. Since the Growth
Management Quota System applies throughout the Aspen Metro area, no growth
management allocation shall be awarded unless the City Council and Board of
County Commissioners both accept the recommendation of the Growth
Management Commission. The procedures governing challenges and appeals are
set out in Sections 26.100.060(D) and (E).
7_. Minimum scoring thresholds required for allocation. No growth
management allocation shall be awarded to projects that do not receive a final
average score of at least three points for each of the growth management scoring
criteria of Sections 26.100.080(C)(1), 26.100.080(C)(2), 26.100.080(C)(3) and
26.100.080(C)(4).
8_ Identical point totals. In the event that two or more non-exempt
development applications receive identical point totals, and one or more must be
approved to the exclusion of others because insufficient allotments are available,
the Growth Management Commission shall reconsider the tying projects and
apply the following criteria, in sequence, until the tie is broken:
a. The project that received the higher point total in the greatest
number of scoring categories shall be considered first in eligibility for an
allotment.
b. The project that was awarded the greatest number of points for
"revitalizing the permanent community" shall be considered first in eligibility for
an allotment.
c. The project that was awarded the greatest number of points for
"providing transportation innovations" shall be considered first in eligibility for an
allotment.
d. The project that 'was awarded the greatest number of points for
"promoting environmentally sustainable development" shall be considered first in
eligibility for an allotment.
and D., E. and F. '
D. Challenges and appeals o__f aggrieved parties, City Council, or the
Board of County Commissioners'
1. Upon receipt of the Growth Management Commission's ranking of
development applications, the joint City Council/Board of County Commissioners
shall consider any appeals made by either the City Council or Board of County
Commissioners or by persons aggrieved by the scoring. An appeal to the joint
City Council/Board of County Commissioners shall be filed within fourteen (14)
days of the Growth Management Commission's public hearing by filing a notice
of appeal with the Community Development Director. A joint City
Council/County Commissioners meeting shall be called within thirty (30) days of
the date that the appeal is filed. In reviewing an appeal,.-the joint City
Council/Board of County Commissioners shall act on the basis of the. record
established by the Growth Management Commission. The appellant shall have the
burden of persuasion in the appeal.
2_ The joint City Council/Board of County Commissioners shall
affirm the scoring of the Growth Management Commission unless it determines
that there was a denial of due process or abuse of discretion by the Growth
Management Commission in its scoring, in which case the joint City
Council/Board of County Commissioners shall take such action as it deems
necessary to remedy the Growth' Management Commission's action. Remedies
available to the joint City Council/Board of County Commissioners shall include,
but not be limited to amending the number of points awarded or remanding the
development application to the Growth Management Commission for rescoring.
3_ A quorum of the joint City Council/Board of County
Commissioners shall be comprised of at least three members of the Aspen City
Council and at least three members of the Pitkin County Board of County
Commissioners. No meeting of the joint City Council/Board of County
Commissioners shall be called to order without a quorum and no meeting at which
less than a quorum is present shall act on an appeal other than to continue it to a
date certain. All actions shall require the concurring vote of a simple majority of
the members then present and voting. A tie vote by the joint City Council/Board
of County Commissioners shall be deemed a decision to uphold the Growth
Management Commission's scoring.
4_ The decision of the joint City Council/Board of County
Commissioners shall constitute the final administrative order on the matter.
E. Allocation. Following the conclusion of all protest hearings, the
City Council shall, by resolution, allocate development allotments among eligible
applicants who meet the minimum threshold established in Section
26.100.060(C)(5) 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 this chapter or any other regulations of the
city. Those development applications that have not met the minimum threshold
established in Section 26.100.060(C)(5) shall be denied.
F. Assignability and transferability of allotments. Development
allotments shall not be assignable or transferable independent of the conveyance
of the real property on which the development allotment has been approved.
Section Three:
That Section 26.102.060 "Procedure and' Standards for Development Allotment";
be amended to read as follows(with new language underlined)'
shall
D. Development review procedure. A development application for a
development allotment shall be reviewed pursuant to Common Procedures,
Chapter 26.52. After review for completeness and a recommendation for scoring
by the Community Development Director, the application shall be scored by the
commission at a public hearing and then the scores shall be forwarded to city
council for their allocation of development allotments at a hearing. An applicant
may amend an incomplete application to make technical'corrections or
clarifications. An applicant may also make substantive changes to a complete
application prior to scoring if there are sufficient allotments available to
accommodate the number of allotments requested by all of the competitors.
Complete applications may not be amended prior to scoring if there are not
sufficient allotments available.
APPROVED by the CommisSion at its regular meeting on October 7 1997.
APPROVED AS TO FORM:
Ci~ Attorney ~ ~/
Attest:
Planning and Zoning Commission:
an, Deputy City Clerk
Sara Garton, Chairperson
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