HomeMy WebLinkAboutresolution.apz.006-83 RESOLUTION OF THE
PLANNING AND ZONING COMMISSION OF ASPEN,
RECOMMENDING AMENDMENTS TO THE
LODGE DEVELOPMENT QUOTA SYSTEM
Resolution No. 83 - 6
COLORADO
WHEREAS, on September
adopt Ordinance 38, Series
Preservation zone district,
WHEREAS, on December 27,
Ordinance 68, Series of 1982,
13,
of 1982,
and
1982
rezoning
1982 the Aspen City Council did
establishing an L-3 Lodge
the Aspen City Council did adopt
25 lodges from various
districts in which they were nonconforming uses to L-3, Lodge
Preservation, and
WHEREAS, during the course of the establishment of the L-3,
Lodge Preservation zone district, the Aspen Planning and Zoning
Commission and the Aspen City Council did indicate their intent to
review the lodge development quota system in light of the needs of
and the limitations upon the new zone district, and
WHEREAS, the Aspen Planning and Zoning Commission does wish to
amend the lodge development quota system so as to ensure that
projects designed to upgrade existing lodges in the L-3 zone district
may equitably compete with lodge development projects in Aspen's
other zones, and
WHEREAS, the growth management approach which the Aspen Planning
and Zoning Commission believes will best deal with the needs of and
the limitations upon the L-3 zone district is the establishment of
a separate quota for L23 lodges and the amendment of the evaluation
criteria and informational requirements for lodge developments to
differentiate between new lodge developments and projects which
merely add to existing lodges, and
WHEREAS, the Aspen Planning and Zoning Commission does believe
that the need for upgrading in the quality of Aspen's lodging
facilities is of such importance that lodging merits a high priority
within the quota system and should therefore receive an increased
share of the total allocation of units, and
WHEREAS, the Aspen Planning and Zoning Commission does hereby
indicate its willingness to consider recommending the use of multiple
years of lodge development allocations and/or bonus allocations to
facilitate the approval of quality projects in the L-3 zone district.
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NOW, THEREFORE BE IT RESOLVED by the Planning and Zoning
Commission of Aspen, Colorado that it does hereby recommend that the
Aspen City Council amend Section 24-11.1 of the Municipal Code to
read as follows:
"Sec. 24-11.1. Limitations on development.
Ail other provisions of this zoning code notwithstanding,
there shall be constructed within the City of Aspen in each
year no more than the following:
(a) Within all zone districts, thirty-nine (39) residential
units;
(b) Within the L-I, L-2, CC and CL zone districts, thirty-
five (35) lodge or hotel units;
(c) Within the L-3 zone district, ten (10) lodge or tourist
dormitory units;
(d) Within the CC and C-1 zone districts, ten thousand (10,000)
square feet of commercial and office space;
(e) Within the NC and SCI zone districts, seven thousand
(7,000) square feet of commercial and office space;
(f) Within the O zone district, four thousand (4,000) square
feet of commercial and office space; and
(g) Within the CL and all other zone districts, three thousand
(3,000) square feet of commercial and office space;
provided that these maximums may be deviated from under those
conditions specified in Section 24-11.3(a). No construction,
except for that described in Section 24-11.2, shall proceed
until the project shall have been awarded a development allot-
ment pursuant to the provisions of this article. (Ord. No.
48-1977, Section 1; Ord. No. 16-1980, Section 5, Ord. No. 26-
1982, Section 1)."
BE IT ALSO RESOLVED by the Planning and Zoning Commission of
the City of Aspen, Colorado that it does hereby recommend that the
Aspen City Council amend Section 24-11.6 of the Municipal Code to
read as follows:
Sec. 24-11.6. Lodge development application procedures.
The following procedures shall govern the award of development
allotments for lodges:
(a)
Applicants shall file a complete application with the
city planning office, on or before October 1st of each
year, which application shall include the following,
where applicable, provided that applicants are encouraged
to engage in a pre-application conference with the planning
office to clarify the intent and purpose of the informa-
tional requirements and evaluation criteria:
(1) A written description of the proposed development
including comments as to:
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(aa)
Type of water system to be used, including
information on main size and pressure, the
excess capacity available in the public water
supply system to serve the proposed building or
the addition thereto; the location of the
nearest main; proposed facilities necessary to
provide fire protection including fire hydrants
and water storage tanks.
(bb)
Type of sewage treatment system to be used, the
existing excess capacity available in the
sewage treatment system; the location of the
nearest trunk or connecting sewer line; the
estimated sewer demand of the building or
the addition thereto.
(cc)
Type of drainage system proposed to handle
surface, underground and runoff water from the
building or the addition thereto.
(dd)
Total development area including lot coverage,
internal square footage, and areas devoted to
open space or landscaping.
(ee)
Estimated traffic count increase on adjacent
streets resulting from the proposed building or
the addition thereto; 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 building or the
addition thereto.
(ff) Effects of the proposed development on adjacent
land uses in the vicinity of the project.
(gg) The proposed construction schedule including,
if applicable, a schedule for phasing construction.
(2) A site utilization map including:
(aa)
Preliminary architectural drawings in sufficient
detail to show building size, height, material,
insulation, fireplaces or solar energy devices
(demonstrating energy conservation 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, attempts at
preserving natural terrain and open space, and
undergrounding of utilities.
(cc)
Motor vehicle circulation, parking, bus and
transit stops and improvements proposed to
ensure privacy from such areas.
(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
historical district boundary lines, if any.
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(b)
The planning office shall evaluate all development
allotment applications during the early weeks of October,
reject those that are ineligible under section 24-11.3(c)
and present its recommendations to the planning and
zoning commission at a regular meeting of the commission
during November. 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 10 points). The commission shall consider
each application with respect to the impact of the
proposed building or the addition thereto upon
public facilities and services and shall rate each
development by assigning points according to the
following formula:
O--Project requires the provision of new services
at increased public expense.
1--Project can be handled by the existing level of
service in the area or any service improvement
by the applicant benefits the project only and
not the area in general.
2--Project in and of itself improves the quality
of service in a given area.
The following services shall be rated accordingly:
(aa)
Water (maximum 2 points) considering the capacity
of the water system to serve the development
and the applicant's commitment to finance any
system extensions or treatment plant upgrading
required to serve the development.
(bb)
Sewer (maximum 2 points) considering the ability
of the sewer system to serve the development
and the applicant's commitment to finance any
system extensions or treatment plant upgrading
required to serve the development.
(cc)
Storm drainage (maximum 2 points) considering
the degree to which the applicant proposes to
retain surface runoff on the development site.
If the development requires use of the city's
drainage system, considering the commitment by
the applicant to install the necessary drainage
control facilities and to maintain the system
over the long term.
(dd)
Fire protection (maximum 2 points) considering
the ability of the fire department to provide
fire protection according to its established
response standards without the necessity of
establishing a new station or requiring addition
of major equipment to an existing station, the
adequacy of available water pressure and capacity
for providing fire fighting flows; and the
commitment of the applicant to provide fire
protection facilities which may be necessary to
serve the project, including, but not limited
to, fire hydrants and water storage tanks.
(ee)
Roads (maximum 2 points) considering the capacity
of major linkages of the road network to provide
for the needs of the proposed development
without substantially altering the existing
traffic patterns, creating safety hazards or
overloading the existing street system; and the
applicant's commitment to finance the necessary
road system improvements to serve the increased
usage attributable to the development.
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(2)
(3)
Quality of or improvements to design (maximum 15
points). The commission shall consider each applica-
tion with respect to the quality of its exterior and
site design and any improvements proposed thereto, 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)
3--Indicates an excellent design.
design.
The following shall be rated accordingly:
(aa)
Architectural design (maximum 3 points) consid-
ering the compatibility of the proposed building
or any addition thereto (in terms of size,
height, location and building materials with
existing neighborhood developments.
(bb)
Site design (maximum 3 points) considering the
quality and character of the proposed or the im-
provements to the existing landscaping and
open space areas, the extent of undergrounding
of utilities, and the provision of pedestrian
amenities (paths, benches, etc.) to enhance the
design of the development and to provide for
the safety and privacy of the users of the
development.
(cc)
Energy conservation (maximum 3 points) consider-
ing the use of insulation, solar energy devices,
passive solar orientation and similar techniques
to maximize conservation of energy and use of
solar energy sources in the lodge or any addition
thereto.
(dd)
Parking and circulation (maximum 3 points)
considering the quality and efficiency of the
internal circulation and parking system for the
project, or any addition thereto, including the
proposed trash and vehicle access and loading
areas and the design features to screen parking
from public views.
(ee)
Visual impact (maximum 3 points) considering
the scale and location of the proposed buildings
or any addition thereto, to maximize public
views of surrounding scenic areas.
Amenities provided for guests (maximum 9 points).
The commission shall consider each application with
respect to the quality and spaciousness of its
proposed services for guests as compared to the size
of the proposed lodging project or any addition
thereto. The commission shall rate each development
by assigning points according to the following
formula:
0--Indicates a total lack of guest amenities.
1--Indicates services which are judged to be deficient
in terms of quality or spaciousness.
2--Indicates services which are judged to be adequate
in terms of quality and spaciousness.
3--Indicates services which are judged to be exceptional
in terms of quality and spaciousness.
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(4)
The following shall be rated accordingly:
(aa)
Availability of or improvements to the existing
on-site common meeting areas, such as lobbies
and conference areas, in relation to the size
of the proposed lodging project or any addition
thereto (maximum 3 points).
(bb)
Availability of or improvements to the existing
on-site dining facilities, including any
restaurants, bars and banquet facilities, in
relation to the size of the proposed lodging
project or any addition thereto (maximum 3
points).
(cc)
Availability of or improvements to the existing
on-site accessory recreational facilities, such
as health clubs, pools and other active areas,
in relation to the size of the proposed lodging
project or any addition thereto (maximum 3
points).
Conformance to local public policy goals (maximum 25
points). The commission shall consider each application
and its degree of conformity with local planning
policies, as follows:
(aa)
Provision of employee housing (maximum 15
points). The commission shall award points as
follows:
to 50% of the additional lodge employees
generated by the project who are housed on
or off-site - 1 point for each 10% housed.
51 to 100% of the additional lodge employees
generated by the project who are housed on
or off-site - 1 point for each 5% housed.
The applicant shall, prior to the deadline for
submission of applications, provide the planning
office with a detailed list of all employees
required to serve the lodge or any addition
thereto as documentation for the claim as to
the percentage of employees housed on- or off-
site. The planning office shall, prior to the
deadline for submission of applications,
advise the applicant as to the number of
employees the project is expected to generate,
based on the proposed size and level of services
of the lodge. 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.
(bb)
Rehabilitation and reconstruction of existing
units (maximum 5 points). The commission shall
award points as follows:
to 50% of the total existing unit inventory
in the lodge which the applicant agrees
to rehabilitate or reconstruct - 1 point
for each 10% rehabilitated or reconstructed.
51 to 100% of the total existing unit inventor~,
in the lodge which the applicant agrees to
rehabilitate or reconstruct - 1 point for
each 5% rehabilitated or reconstructed.
For the purposes of this section, rehabilitation
shall include the upgrading of the structure and
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(c)
appearance of a lodge unit or of non-unit
space by its in-place restoration to a sub-
stantially higher quality status, which may
alter its size. For the purposes of this
section, reconstruction shall include the
partial or complete demolition and rebuilding
of a lodge unit or non-unit space which may
be accomplished in a similar or different
size to the original configuration, provided
that the rebuilt portion of the lodge is located
on the same site. For the purposes of this
section, non-unit space shall include those
areas of the lodge not included within individual
lodge units but intended to serve the guests of
the facility, including but not limited to
the lobby, halls, recreational areas and dining
facilities. In the case of both rehabilitation
and reconstruction, the units and the non-unit
space shall be required to meet all other
provisions of this zoning code and other applicable
codes.
(5)
To be eligible for points in this section, an
applicant shall provide a conceptual program
identifying the proposed improvements to be made
to the lodge units or the non-unit space and
the timetable for their restoration or rebuilding
which provides that the rebuilt portions of the
lodge are suitable for occupancy prior to or
at the same time as the new units for which an
allotment has been requested. In the alternative,
an applicant may submit an affidavit itemizing
the expense incurred during the previous twenty-
four (24) months and documenting that the expendi-
tures have resulted in substantial upgrading of
the inventory of tourist units in the lodge, and/or
its guest facilities. Points shall only be awarded
under this section to applicants located in the
L-3 zone and not to those in the L-l, L-2, CC or
CL zone districts.
Bonus points (maximum 6 points).
The commission members may, when any one determines
that a project has not only incorporated and met
the substantive criteria of section 24-11.6(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 under section 24-11.6(b) (1),
(2), (3), and (4), prior to the application of the
corresponding multiplier. Any commission member
awarding bonus points shall provide a written
justification of that award for the public hearing
record.
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
section 24-11.6(b) (1), (2), (3), (4) and (5), after
having multiplied the number of points assigned under
each of the following sections by the corresponding
multiplier:
Section Multiplier Points
Available
24-11.6 (b)
24-11.6 (b)
24-11.6 (b)
24-11.6 (b)
24-11.6(b)
24-11.6(b)
1) (aa)
1) (bb)
1) (cc)
1) (dd)
1) (ee)
2) (aa)
(Water-2 pts.) 1 2
(sewer-2 pts.) 1 2
(Storm drainage-
2 pts.) 1 2
(Fire protection-
2 pts.) 1 2
(Roads-2 pts.) 1 2
(Architectural
design-3 pts.) 3 9
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(d)
(e)
(f)
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) (5)
(Site design-
3 pts.) 3
(Energy conserva-
tion-3 pts.) 1
(Parking and circu-
lation-3 pts.) 3
(Visual impact-
3 pts.) 3
(Common meeting
areas-3 pts.) 3
(Dining facilities-
3 pts.) 2
(Recreational faci-
lities-3 pts.) 2
(Employee housing-
15 pts.) 1
(Rehabilitation and
reconstruction - 15
points) 1
(Bonus pts.-6 pts.) 1
9
3
9
9
9
6
6
15
15
TOTAL: 91'
106'*
* 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) shall no longer be considered for a
development allotment and the application shall be
considered denied.
Ail projects shall be ranked according to the total
points awarded by each commission member. The ranking
shall establish the project each commission member
scored as first, second, third and so on. The project
which receives the lowest total ranking by all commission
members shall be deemed the first priority project,
while the project which receives the next lowest total
ranking by all commission members shall be deemed the
second priority project and so on. The ranking thus
established by the commission shall be forwarded to the
city council on or before December 1st of each year. In
the event of ties as to the overall ranking, those
projects tying shall then 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.
Having received the commission's report, the city council
shall consider any challenges thereto by applicants;
provided, however, that the city council review shall be
limited to determining whether there was a denial of due
process or abuse of discretion by the commission in its
scoring. Any challenges must be filed with the planning
office within fourteen (14) days of the date of the
public hearing by the planning and zoning 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 January 1st of each year, allocate development
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,
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building or any other regulations of the city. Unallocated
allotments may 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 24-11.6(a) amend, modify or change
his application except in insubstantial part and for
purposes of clarification or technical correction only.
The standards of section 24-11.7(b) shall determine
whether or not a change is deemed insubstantial.
(h)
The procedural deadlines established in this section 24-
11.6 may be modified by the Aspen City Council for the
year 1983 in the event that they are unworkable given the
effective date of this article. (Ord. No. 48-1977,
section 1; Ord. No. 16-1980, section 5; Ord. No. 27-1982,
section 1; Ord. No. 54-1982, Sections 9-12)."
BE IT FINALLY RESOLVED by the Planning and Zoning Commission
of the City of Aspen, Colorado that it does hereby recommend that
the Aspen City Council amend Section 24-3.1 of the Municipal Code to
include the following definition:
(gg)
Dormitory: A building or space within a building which
provides group sleeping accommodations for persons who
are not members of the same family group in one room or
in a series of closely associated rooms under joint occu-
pancy and single management without individual cooking
facilities. Occupancy of a dormitory unit shall be
limited to no more than eight persons.
APPROVED by the Planning and Zoning Commission of Aspen, Colorado
at their special meeting on June 28, 1983.
PLANNING AND ZONING
COMMISSION OF ASPEN,
COLORADO
By: w~lton Ande~~airma]
ATTEST:
~y ~n Brooks, Assistance City Clerk