HomeMy WebLinkAboutresolution.apz.010-81RESOLUTION OF THE ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING AMENDMENTS TO
THE RESIDENTIAL GMP APPLICATION PROCEDURES
OF THE CITY OF ASPEN
Resolution No. 81 - ~O
WHEREAS, the Aspen City Council did adopt Ordinance 48, Series of 1978,
creating a Growth Management Quota System controlling residential, commercial
and lodge development in the City of Aspen, and
WHEREAS, although minor changes have been made to the residential GMP
scoring procedures in previous years, an overall review of the scoring cate-
gories has not previously occurred, and
WHEREAS, experience with four previous years of residential competition
has indicated that many of the existing scoring criteria and formulas are not
relevant or are evaluated by inappropriate measures, and
WHEREAS, the Aspen Planning and Zoning Commission does desire that revi-
sions to the residential GMP scoring system be accomplished in order that the
basis for awarding points to residential proposals may be clarified and so
that projects which are consistent with adopted policies can be encouraged.
NOW, THEREFORE, BE IT RESOLVED that the Planning and Zoning Commission
of the City of Aspen recommends that City Council repeal and reenact Section
24-11.4 of the Municipal Code as follows:
Sec. 24-11.4 Residential development application.
No residential development shall occur within the city, except
residential development exempted pursuant to section 24-11.2, until the
proposed development shall have received a development allotment pur-
suant to the following procedures:
(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, 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 from such public system; the location
of the nearest main; the estimated water demand of the
development or building.
(bb) Type of sewage treatment system to be used and, if public,
the 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.
(cc) Type of drainage system proposed to handle surface,
underground and runoff waters.
(dd)
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.
(ee)
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 proposed development; description of
type and condition 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 incorporated in such proposed development.
Location relative to proposed or existing parks, play-
grounds, hospitals, airports, mass transit systems and
estimated increased usage of such facilities by reason
of the proposed development.
(hh)
Location relative to proposed development of retail and
service outlets and estimated increase demands on such
outlets by reason of the proposed development.
(ii) Effects of the proposed development on adjacent uses and
land uses in the vicinity of the project.
(jj) The proposed construction schedule including, if appli-
cable, a schedule for phasing construction.
(2) A site utilization map including:
(aa)
Preliminary architectural drawings in sufficient detail
to show building size, height, materials, insulation,
fireplaces, solar energy devices !demonstrating energy
conservation or solar energy utilization features), type
of units, and location of all buildings (existing and
proposed) on the development ~ite.
(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 insure privacy from such
areas.
(dd) Any major street or road links and school sites, path-
ways, foot, bicycle or equestrian trails, greenbelts.
(ee)
General description and location of surrounding existing
land uses and identification of zoning district boundary
lines, if any,
(b) The planning office shall evaluate all development allotments
applications during the early weeks of January, reject those
that are ineligible under section 24-11.3(c), and present its
recommendations to 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 12
points). The commission shall consider each application
with respect to its impact upon public facilities and services
and shall rate each development according to the following
formula:
0 -- Project requires the provision of new services at
increased public expense
1 -- Project may be handled by 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 supply system to provide for the needs of the pro-
posed development and, if a public system, its ability
to supply water to the development without system exten-
sions beyond those normally installed by the developer,
and without treatment plant or other facility upgrading.
(bb) Sewer (maximum 2 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 2 points) considering the
capaclty of the drainage facilities to adequately dis-
pose of the surface runoff of the proposed development
without system extensions beyond those normally installed
by the developer.
(dd) Fire protection (maximum 2 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 appro-
priate district without the necessity of establishing
a new station or requiring addition of major equipment
to an existing station.
(ee) Parking design (maximum 2 points) considering the provi-
sion of an adequate number of off-street parking spaces
to meet the requirements of the proposed development
and considering the design of said spaces with respect
to visual impact, amount of paved surface, convenience
and safety.
(ff) Roads (maximum 2 points) considering the capacity of
major street linkages to provide for the needs of the
proposed development without substantially altering
existing traffic patterns or overloading the existing
street system or the necessity of providing increased
road mileage and/or maintenance.
(2) Quality of design (maximum 15 points). The co~nission
shall consider each application with respect to the site
design and amenities of each project 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) desi§n
3 -- Indicates an excellent design
The following features shall be rated accordingly:
(aa)
Neighborhood compatibility (maximum 3 points) consider-
ing the compatibility of the proposed building (in terms
of size, height and location) with existing neighboring
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 circu-
lation and increased safety and privacy.
(cc)
Energy (maximum 3 points) considering the use of insula-
tion, passive solar orientation, solar energy devices,
efficient fireplaces and heating and colling devices to
maximize conservation of energy and use of solar energy
sources.
(dd)
Trails (maximum 3 points) considering the provision of
pedestrian and bicycle ways and the provision of links
to existing parks and trail systems, wherever feasible,
(ee)
Green space (maximum 3 points) considering the provision
of vegetated, open space on the project site itself
which is usable by the residents of the project and
offers relief from the density of the building and sur-
rounding developments.
(3) Proximity to support services (maximum 6 points). The commis-
sion shall consider each application with respect to its
proximity to public transportation and community commercial
locations and shall rate each development by assigning points
according to the following formula:
(aa) Public transportation (maximum 3 points)
1 -- Project is located further than six blocks walking
distance from an existing city or county bus route,
2 -- Project is located within six blocks walking dis-
tance of an existing city or county bus route.
3 -- Project is located within two blocks walking dis-
tance of an existing city or county bus route,
(bb) Community commercial faci'lit~es (maximum 3 points). The
planning office shall make available a map depicting the
commercial facilities in town to permit the evaluation of
the distance of the project from these areas,
1 -- Project is located further than six blocks walking
distance from the commercial facilities in town,
2 -- Project is located within six blocks walking dis~
tance of the commercial facilities in town,
3 -- Project is located within two blocks walking dis-
tance of the commercial facilities in town,
[4) ProvisloD ~or low, moderate and middle income housing (maxi-
mum 40 points),
(aa)
The commission shall assign points to each applicant who
agrees to deed restrict all or a portion of his develop-
ment for a period of fifty (50) years to rental and
sale price terms within housing price guidelines estab-
lished by the city council and to occupancy limitations
within housing income-eligibility guidelines established
by the city council.
(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.
For the purposes of this section, one (1) percent of the total
development shall mean one (1) percent of the total floor
area and one (1) percent of the total number of bedrooms within
the development with the lower total points from either the
floor area or number of bedrooms of employee housing deter-
mining the points assigned to each project. For the purposes
of this section, a studio shall be considereda three-quarter
(3/4) bedroom.
(cc) To be eligible for points within the provisions of this
section, the low, moderate and middle income housing
units must comply with the following size limitations
or be restricted to rental and sale price terms no
greater than that allowable had the housing units com-
plied with the following size limitations:
Minimum Maximum
Unit Square Footage Square Footage
Studio 400 600
One-bedroom 600 800
Two-bedroom 750 1,O00
Three-bedroom 950 1,400
or larger
(dd)
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
unrestricted 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 architec-
tural style.
(ee)
The deed restrictions created above may be removed or
amended by agreement between the property owner(s) and
the city council upon the recommendation of the planning
and zoning commission, No legal action shall lie to
compel the city council to agree to such removal.
(fl)
Should a proposed residential development cause the
displacement of existing employee hous!ng~ defined as
units which for the previous 18 months have rented or
have been sold at rates which fall within the adopted
housing price guidelines of the City of Aspen, then the
points assigned in section (bb) above shall be based on
the net addition of employee floor area and bedrooms to
the housing pool and not simply on the gross number of
units to be constructed. A net addition of employee
housing to the pool is defined as the conversion of a
free market unit to deed restricted status or the con-
struction of a new deed restricted unit.
(5) Provision for unique financing (maximum 10 points)
(aa)
The commission shall assign points to each applicant who
agrees to sell under a unique financing program all or
a portion of his development to qualified individuals
as established by the city council within housing income-
eligibility guidelines.
(bb) Points shall be assigned according to the following
schedule:
95 percent applicant financing
Unit Point(s)
Studio 1/2
One-bedroom 1
Two-bedroom or larger 1 1/2
100 percent applicant financing
Unit Point(s)
Studio 1
One-bedroom 2
Two-bedroom or larger 3
(cc)
To be eligible for points within the provisions of this
section, the mortgage offered by the applicant must be
freely assumable for a term of thirty (30) years or more,
at an interest rate of 12% or an interest rate equal to
the current rate of the Federal Home Loan Mortgage Corpora-
tion, as determined on the date of preliminary plat sub-
mission. The lesser of the above interest rates shall
be that offered by the applicant and there shall be no
closing points and no prepayment penalty. The monthly
amortization for the mortgage must fall within the
employee housing price guideline which has been designated
for the unit.
(6) Bonus Points (maximum 7 points)
(aa)
The commission members may, when any one determines that
a project has not only incorporated and met the substan-
tive criteria of sections 24-11.4(b)(1), (2) and (3),
but has also exceeded the provisions of these sections
and achieved an outstanding overall design meriting recog-
nition, award additional bonus points not exceeding
twenty percent (20%) of the total points awarded under
sections 24-11.4(b)(1), (2) and (3). Any commission
member awarding bonus points shall provide a written
justification of that award for the public hearing record.
(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 24-11.4(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. For projects involving two
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 polnts tn each category, Any
project not receiving a min!mum of sixty (]60) Qerce~t~of th~ ~otal
points available under section 24~!1,4(b)(1), [2), [3) and (4),
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 commis-
sion shall be forwarded to the city council on or before March 1st
of each year.
(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 24-11,4(b)(3),
limitations on rental or sale or impose such other terms or
conditions reasonably related to achieving the purposes of
section 24-11.4(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 appli'cant~s 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.
(g)
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 development allotments among eligible applicants
in the order of priority established by their rank. Those appli-
cants 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.
(h)
No applicant shall, after submission of his application pursuant
to section 24-11.4(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.
BE IT FURTHER RESOLVED by the Planning and Zoning Commission of the City
of Aspen that it recommends that City Council repeal and reenact Section
24-11.3(c) of the Municipal Code as follows:
(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 master plan for the development area;
(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; or
(4)
Satisfy the requirement that an applicant who holds a previous
allocation within the same development area (i.e., residential,
office/commercial, or lodge) must submit building plans to the
Building Department sufficient for the issuance of a building
permit within two years of the deadline for the submission of
the original application to the Planning Office for that GMP
allocation.
Approved this eighth day of September, 1981 by the Aspen Planning and
Zoning Commission.
ATTEST:
ASPEN PLANNING AND ZONING COMMISSION
y.
~-Welton Ah'cFerson['A~F-~ng Chairman
Deput~ity Cler~ -- -