HomeMy WebLinkAboutresolution.apz.004-84RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING THE ADOPTION OF AMENDMENTS TO THE
GROWTH MANAGEMENT QUOTA SYSTEM
Resolution No. 84- 4
W~EREAS, on March 6, 1984, the Aspen Planning and Zoning Commission
(hereinafter "Commission") did adopt Resolution No. 84-2 updating
the Growth Management Policy Plan; and
WHEREAS, during 1983 the Aspen Housing Authority did prepare
and adopt a Housing Master Plan containing numerous proposals for
changes to the Aspen Municipal Code; and
W~EREAS, the Commission does recognize the benefits associated
with regularly updating the growth management quota system to insure
that this innovative piece of legislation reflects current community
policy and that the administrative experience with the system results
in improved procedural requirements; and
WHEREAS, the Commission did meet on March 6 and March 13, 1984,
and did hold a public hearing on March 20, March 27 and April 3,
1984, to discuss proposed amendments to the growth management quota
system designed
with the Growth
Master Plan and
of the system.
NOW, THEREFORE,
hereby recommend that
to bring the regulations into better conformance
Management Policy Plan Update and Housing Authority
to provide for procedures for the administration
BE IT RESOLVED by the Commission that it does
the following sections of the Aspen Municipal
Code be amended by the Aspen City Council.
Section 1
That Section 24-11.2(d) be amended to add the following new
subsection (5):
(5) The application was reviewed by the City Council at a public
hearing held pursuant to the standards of Sections 24-12.5(c) (1)
and (2).
That Section 24-11.2(e) be repealed and reenacted to read as
follows:
(e) Ail construction of essential governmental and community
facilities other than housing, subject to the approval of the
City Council upon the recommendation of the Planning and Zoning
Commission. To be eligible for said exemption, the applicant
Page 2
shall first be required to demonstrate that the project represents
an essential governmental or community facility. Minimum criteria
for this determination shall include, but not be limited to
findings that the project meets an essential public purpose,
is available for use by the general public and serves the needs
of the local community. Upon the demonstration that the project
is essential, the applicant shall also be required to document
that the impacts of the project will be mitigated, including
those associated with the generation of additional employees;
the demand for parking, road and transit services; and the need
for such basic services as water supply, sewage treatment, drainage
control, fire and police protection, and solid waste disposal.
Applicants shall also be required to demonstrate that the project
has a negligible adverse impact on the community's air, water,
land and energy resources and is visually compatible with surrounding
areas.
That Section 24-11.3(j) be repealed.
~cti_o_~ 4
That Sections 24-11.4(b)(4)(5) and (6) and 24-11.4(c) be repealed
and reenacted to read as follows:
(4) Provision for low, moderate and middle income housing
(maximum forty [40] points).
(aa) The commission shall assign points to each applicant
who agrees to provide low, moderate and middle income
housing which complies with the housing size, type,
income and occupancy guidelines of the City of Aspen
and with the provisions of Section 24-11.10.
(bb) Points shall be assigned according to the following
schedule:
Two (2) points for each five (5) percent of the
total development that is restricted to low income
price guidelines and low income occupancy limitations;
Two (2) points for each ten (10) percent of the
total development that is restricted to moderate
income price guidelines and moderate income occupancy
limitations;
Two (2) points for each fifteen (15) percent
of the total development that is restricted to
middle income price guidelines and middle income
occupancy limitations.
In order to determine what percent of the total development
is restricted to low, moderate and middle income housing,
the Commission shall compare the number of persons
to be housed by the project as a whole with the number
of persons to be provided with low, moderate and middle
income housing using the following criteria:
Studio 1.25 residents
One Bedroom - 1.75 residents
Two Bedroom - 2.25 residents
Three Bedroom - 3.00 residents
or Larger
Dormitory - 1.00
unit
resident per 150 s.f. of
space
Page 3
(5) Bonus points (maximum 7 points).
The commission members may, when any one determines
that a project has not only incorporated and met the
substantive criteria of Section 24-11.4(b) (1), (2),
(3) and (4), but has also exceeded the provisions
of these subsections and achieved an outstanding overall
design meriting recognition, award additional bonus
points not exceeding ten (10) percent of the total
points awarded by that member under Section 24-11.4 (b) (1) ,
(2), (3) and (4). Any commission member awarding bonus
points shall provide a written justification of that
award for the public hearing record. The Commission
members may use as a justification for their award
of bonus points a commitment by the applicant to provide
financing for the purchaser of the proposed employee
housing units which is found by the Commission member
to be particularly beneficial or advantageous to the
purchaser.
(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 hereinabove set forth in subsection
(b) of this section 24-11.4. For projects involving two (2)
or more sites, the points awarded to each site shall be weighted
as to the number of units to be constructed on each site and
a weighted value calculated for the points in each category.
Any project not receiving a minimum of sixty (60) per cent of
the total points available under Section 24-11.4(b) (1) , (2),
(3) and (4); or a minimum of thirty (30) percent of the points
available under each of Section 24-11.4(b) (1) , (2) and (3) and
a minimum of thirty-five (35) percent of the points available
under Section 24-11.4(b)(4) , shall no longer be considered for
a development allotment and the application shall be considered
denied.
That Section 24-11.5(b) (3) and (4) and 24-11.5(c) be repealed and
reenacted as follows:
(3) Provision of Employee Housing (maximum 15 points).
(aa) The commission shall assign points to each applicant
who agrees to provide low, moderate and middle income housing
which complies with the housing size, type, income and
occupancy guidelines of the City of Aspen and with the
provisions of Section 24-11.10.
(bb) Points shall be assigned according to the following
schedule:
0 to 50% of the additional employees generated by
the project are provided with housing:
1 point for each 5% housed
51 to 100% of the additional employees generated by
the project are provided with housing:
1 point for each 10% housed
The commission shall use the following standards in calculating
the number of full-time equivalent employees generated
by the project:
CC/C-1 3.50 to 5.25 employees/1000 s.f.
(net leasable), based on review of Housing
Page 4
Authority
NC/SCI 2.30 employees/1000 s.f. (net leasable)
Office 3.00 employees/1000 s.f. (net leasable)
CL and Other 3.50 employees/1000 s.f. (net leasable)
Provided that upon the demonstration to the Housing Authority
that these standards should not be applied to a particular
project, the commission may employ an alternative standard
recommended by the Housing Authority.
If the Planning Commission determines that the proposed
project generates no new employees, it shall award to the
applicant the full 15 points available within this subsection.
In order to determine the percentage of employees generated
by the project who are provided with housing, the commission
shall use the following criteria:
Studio 1.25 residents
One Bedroom 1.75 residents
Two Bedroom 2.25 residents
Three Bedroom 3.00 residents
or larger
Dormitory 1.00 resident
space
per 150 s.f. of unit
(4) Employee housing location (maximum 4 points).
The commission shall assign points to applicants with respect
to the location of their proposed employee housing, as
follows:
Housing is located on the same site as the remainder
of the development: 4 points
Applicants proposing employee housing both on the same
site as the remainder of the development, as well as on
another site, shall be awarded points based on the percentage
of the total housing proposal which is located on the same
site as the remainder of the development, using the criteria
of subsection (3) (bb~ ~! ~ .... ~ning the number
of residents on each site.
(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 hereinabove set forth in subsection (b) of this section
24-11.5. Any project not receiving a minimum of sixty (60) percent
of the total points available under Section 24-11.5(b) (1) , (2), (3)
and (4), or a minimum of thirty (30) percent of the points available
under each of Section 24-11.5(b) (1) and (2) and a minimum of fifty
(50) percent of the points available under Section 24-11.5(b)(3),
shall no longer be considered for a development allotment and the
application shall be considered denied.
Section 6
That Section 24-11.6(b) (4)(aa) be repealed and reenacted as
follows:
(aa) Provision of employee housing (maximum fourteen [14] points).
The commission shall assign points to each applicant who agrees
to provide low, moderate and middle income housing which complies
with the housing size, type, income and occupancy guidelines
of the City of Aspen and with the provisions of Section 24-11.10.
Page 5
Points shall be assigned according to the following schedule:
0 to 40% of the additional employees generated by the project
are provided with housing -
1 point for each 5% housed
41 to 100% of the additional employees generated by the
project are provided with housing -
1 point for each 10% housed
The Commission shall employ the advice of the Housing Authority
in the determination of the number of employees the project
is expected to generate. The Housing Authority shall make available
standards for employee generation representing the various levels
of service which reflect the types of lodge operation in existence
or proposed for the City of Aspen. The applicant shall be given
the opportunity to present to the Housing Authority information
demonstrating that an alternative standard should be employed.
The alternative standard may be ~ployed by the Planning Commission,
upon the recommendation of the Authority.
If the Planning Commission determines that the proposed project
generates no new employees, it shall award to the applicant
the full 14 points available within this subsection.
In order to determine the percentage of employees generated
by the project who are provided with housing, the commission
shall use the following criteria:
Studio
One Bedroom
Two Bedroom
Three Bedroom
or Larger
Dormitory
1.25 residents
1.75 residents
2.25 residents
3.00 residents
1.00 resident per 150 s.f. of unit
space
That a new subsection 24-11.6(b) (4) (bb) be adopted as follows,
with the existing subsection 24-11.6(b) (4) (bb) being renumbered as
subsection 24-11.6(b)(4)(cc):
(bb) Employee housing location (maximum 4 points).
The commission shall assign points to applicants with respect
to the location of their proposed employee housing, as follows:
Housing is located on the same site as the remainder of
the development: 4 points
Applicants proposing employee housing both on the same site
as the remainder of the development, as well as on another site,
shall be awarded points based on the percentage of the total
housing proposed which is located on the same site as the remainder
of the development, using the criteria of subsection (4) (aa)
above for determining the number of residents on each site.
That subsection 24-11.6(c) be repealed and reenacted to read
as follows:
(c) The commission shall consider all eligible applications
at a public hearing at the close of which each member of the
Page 6
commission shall identify the number of points assigned by him
under each of the criteria outlined hereinabove in subsection
(b) of this Section 24-11.6 after having multiplied the number
of points assigned under each of the following sections by the
corresponding multiplier:
Points
~ Multiplier Available
24-11.6(b)(1) (aa)
24-11.6(b)(1) (bb)
24-11.6(b) (1) (cc)
24-11.6(b)(1)(dd)
24-11.6(b)(1)(ee)
24-11.6(b)(2)(aa)
24-11.6(b)(2)(bb)
24-11.6(b)(2)(cc)
24-11.6(b)(2)(dd)
24-11.6(b) 2)(ee)
24-11.6(b) 3) (aa)
24-11.6(b) 3)(bb)
24-11.6(b) 3)(cc)
24-11.6(b) 4)(aa)
24-11.6(b) 4)(bb)
24-11.6(b) 4)(cc)
24-11.6(b)(5)
(Water 2 pts)
(Sewer 2 pts)
(Storm drainage 2 pts)
(Fire protection
2 pts)
(Roads 2 pts)
(Architectural
design 3 pts)
(Site design 3 pts)
(Energe conser- vation 3 pts)
Parking and cir-
culation 3 pts)
Visual impact 3 pts)
Common meeting
areas 3 pts)
(Dining facilities
3 pts)
(Recreational
facilities 3 pts)
(Employee Housing
14 pts)
(Employee Housing
Location 4 pts)
(Rehabilitation and
Reconstruction
15 pts)
(Bonus pts- 6 pts)
1 2
1 2
1 2
1 2
1 2
3 9
3 9
1 3
3 9
3 9
3 9
2 6
2 6
1 14
1 4
1 15
1 6
TOTAL: 94*
109'**
* L-i, L-2, CC and CL zones.
** L-3 zone.
Any project not receiving a minimum of sixty (60) percent of
the total points available under Section 24-11.6(b) (1) , (2),
(3) and (4) or a minimum of thirty (30) percent of the points
available under each of Section 24-11.6(b) (1) , (2), (3) and
(4) (cc) (Note: 4 (cc) only applies to applicants in the L-3
zone) and a minimum of thirty-five (35) percent of the total
points available under Section 24-11.6(b)(4)(aa) shall no longer
be considered for a development allotment and the application
shall be considered denied.
That Section 24-11.7(a) be repealed and reenacted to read as
follows:
24-11.7 Rescinded and expired permits.
(a) Ail applicants who have been awarded allotments under
the provisions of this growth management system shall comply
with the following provisions or shall have their allotments
automatically expire:
(1) Applicants shall complete all zoning, subdivision
and other development approvals required by the Municipal
Code of the City of Aspen and shall have submitted
plans to the Building Department sufficient for the
Page 7
issuance of a building permit within a period ending
21 months subsequent to the deadline for submission
of the application for which the allotment was made.
(2) Within one hundred-twenty (120) days of the date
of submission of plans to the Building Department,
the applicant must obtain a building permit for construc-
tion of the project.
(3) Within one hundred-twenty 120) days of the date
of obtaining a building permit, the applicant must
initiate construction of the project and continue
towards its completion by meeting the criteria of
the Uniform Building Code.
(4) City council may grant an extension of these deadlines
on a showing of diligence and good cause by the applicant,
which action shall be within the sole discretion of
city council, provided that such extension has been
requested prior to the end of that deadline period
and may be granted once only, for a period not to
exceed one hundred-eighty (180) days.
Any expired allotments shall be added to available allotments
and may be awarded pursuant to the procedures established in
this article.
That a new Section 24-11.10 be adopted to read as follows:
24-11.10 Employee Housing
The following provisions shall apply to all low, moderate and
middle income housing units proposed by applicants in conformance
with the requirements of Section 24-11:
(a) Applicants shall only receive credit for those units
which meet the housing size, type, income and occupancy
guidelines and/or approval of the Aspen/Pitkin County Housing
Authority. Applicants are encouraged to engage in a pre-
application conference with the Authority to obtain guidance
as to the current guidelines and how these are to be applied.
(b) Should an applicant propose a unit which is larger
than provided for by the Housing Authority guidelines,
then its rental or sales price shall be no greater than
that allowable had the housing units complied with those
size limitations.
(c) when an applicant agrees to restrict only a portion
of his development to low, moderate or middle income housing
and the portion restricted is located adjacent to an unre-
stricted portion, to be eligible for points within the
provisions of this section the adjacent portions of the
development shall be constructed of the same exterior building
materials with a compatible exterior architectural style.
(d) Applicants shall be permitted to provide employee housing
on the same site as the remainder of the development or
on an alternate site, provided that credit shall only be
given for units located within the City of Aspen or the
Aspen Metro Area, as this area is currently defined by
the Aspen/Pitkin County Growth Management Policy Plan.
(e) Should an applicant provide employee housing on a site
other than that on which his or her commercial or lodge
development is located, then any floor area bonus obtained
by the applicant for providing such housing shall only
permit an increase to the maximum commercial floor area
Page 8
permitted in that zone, exclusive of any area which would
have been associated with the housing.
(f) Applicants for commercial or lodge developments shall
not be restricted to housing employees of their own business
but shall also be permitted to house qualified employees
of the community at large. Applicants should anticipate
that the housing units proposed will be required to be
restricted to the City's low income price and occupancy
guidelines. Provided, however, that at the time the applicant
requests growth management exemption for the housing units
pursuant to Section 24-11.2(f), the Housing Authority will
review the current conmunity need for housing in each category
and will evaluate the affordability of the units to e~ployees
in each category and will recommend to the Planning Commission
the appropriate category to which the units should be re-
stricted.
(g) Should a proposed development cause the displacement
of units which are currently deed restricted to employee
housing guidelines, then the applicant shall only receive
credit for housing the net number of employees to be housed
by the project, reflecting the number to be housed in the
new units minus those housed in the existing units, rather
than for housing the gross number of employees housed in
the new units.
(h) The deed restrictions created to obtain credit for
employee housing may be amended by agreement between the
property owner(s) and the city council upon the recommendation
of the planning and zoning commission.
(i) Applicants may obtain credit for providing employee
housing by either of the following methods, or combination
of said methods:
(1) Production of new units which are deed restricted
for a period of fifty (50) years to rental and sale
price terms within the housing price and occupancy
guidelines approved by the Aspen/Pitkin County Housing
Authority and adopted by the Aspen City Council.
(2) Conversion of existing units which are not restricted
to Aspen's housing guidelines to deed restricted status
by placing a deed restriction upon them for a period
of fifty (50) years to rental and sale price terms
within the housing price and occupancy guidelines
approved by the Aspen/Pitkin Housing Authority and
adopted by the Aspen City Council.
APPROVED by the Commission at their regular meeting on April
17, 1984.
ASPEN PLANNING AND ZONING COMMISSION
Wolton AnderSon, Acting Chairman
ATTEST:
Barbara Norris, Deputy City Clerk