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Home My WebLink Aboutordinance.council.040-83 RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~0 (Series of 1983) AN ORDINANCE IMPLEMENTING RECOMMENDED TECHNICAL REVISIONS TO VARI- OUS SECTIONS OF ARTICLE XI OF SECTION 24 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN PERTAINING TO THE GROWTH MANAGEMENT QUOTA SYS- TEM, AS FOLLOWS: 1. AMENDING SUBSECTIONS "(c)" AND "(d)" OF SECTION 24-11.4, BY REPEALING AND REENACTING SAID SECTIONS SO AS TO READJUST THE RANKING PROCEDURES FOR RESIDENTIAL DEVELOPMENT APPLICATIONS. 2. AMENDING SUBSECTIONS "(c)" AND "(d)" OF SECTION 24-11.5, BY REPEALING AND REENACTING SAID SECTIONS SO AS TO READJUST THE RANKING PROCEDURE FOR COMMERCIAL AND OFFICE DEVELOPMENT APPLICATIONS. 3. REPEALING PRESENTLY EXISTING SUBSECTION "(b)(5)" OF SECTION 24-11.5 PERTAINING TO APPLICANTS' PREVIOUS PERFORMANCES AND RENUMBERING THE PRESENTLY EXISTING SUBSECTION "(b)(6)" AS "(b)(5)". 4. AMENDING SUBSECTION "(d)" OF SECTION 24-11.2 SO AS TO ADD SUBSECTIONS "(d)(3)" AND "(d)(4)" REQUIRING ADDITIONAL CONDI- TIONS FOR THE GRANTING OF AN EXEMPTION OF A SINGLE-FAMILY RESIDENCE ON A LOT SUBDIVIDED AFTER NOVEMBER 14, 1977. 5. AMENDING SUBSECTION "(b)(4)(bb)" OF SECTION 24-11.4 TO PRO- VIDE THAT WITH RESPECT TO THE AWARD OF POINTS IN THE AREA OF EMPLOYEE HOUSING, THE RATIO SHALL BE COMPUTED ON THE BASIS OF THE TOTAL NUMBER OF DEED RESTRICTED BEDROOMS IN THE PROJECT TO THE TOTAL NUMBER OF BEDROOMS IN THE PROJECT (AS OPPOSED TO NON-DEED RESTRICTED BEDROOMS). 6. AMENDING THE INTRODUCTORY PARAGRAPH OF SUBSECTION "(a)" OF SECTION 24-11.4 TO INCLUDE LANGUAGE TO ENCOURAGE APPLICANTS FOR RESIDENTIAL DEVELOPMENT TO ENGAGE IN PRE-APPLICATION CON- FERENCES. 7. AMENDING THE INTRODUCTORY PARAGRAPH OF SUBSECTION "(a)" OP SECTION 24-11.5 TO INCLUDE LANGUAGE TO ENCOURAGE APPLICANTS FOR OFFICE AND COMMERCIAL DEVELOPMENT TO ENGAGE IN PRE-APPLI- CATION CONFERENCES. WHEREAS, the City Council of the City of Aspen, Colorado, upon consideration of the recommendations of the Planning and Zoning Commission, desires to implement technical revisions to Article XI of Section 24 of the Municipal Code, pertaining to the Growth Management Quota System, as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: RECORD OF PROCEEDINGS 100 Leaves Section 1 That subsections (c) and (d) of Section 24-11.4 of the Municipal Code of the City of Aspen be and the same are hereby repealed and reenacted to read as follows: "(c) The commission shall consider all eligible applications at a public hearing at the close of which each member of the commission shall identify the number of points assigned by him under each of the criteria hereabove 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) percent 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), (3) and (4), shall no longer be considered for a development allotment and the application shall be considered denied. (d) Projects shall be recommended for the award of a devel- opment allotment in accordance with the following rank- ing formula. Each commission member voting thereon shall rank the projects in the order of their priority such that the project receiving the highest number of total points shall be deemed the first priority project for such commission member. Each commission member voting thereon shall then assign a common number to each project in the rank order of its priority (i.e., the highest project for each commission member shall be assigned the common number "1", the next "2", etc.). For each project the common number assigned shall be averaged. The project receiving the lowest average num- ber shall be deemed to be the highest ranking project of the commission. The ranking thus established by the commission shall be forwarded to the city council on or before February 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 awarded to each project by each commission member voting thereon. The project receiving the highest number of t~tal points shall be deemed to be the highest ranking project of the commission, and the ranking thus established by the com- mission shall be forwarded to the city council on or before February 1st of each year." Section 2 That subsections (c) and (d) of Section 24-11.5 of the Muni- cipal Code of the City of Aspen be and the same are hereby 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 commission shall identify the number of points assigned by him under each of the criteria hereinabove 2 RECORD OF PROCEEDINGS 100 Leaves set forth in subsection (b) of this section 24-11.5. Any project not receiving a minimum of sixty (60) per- cent of the total points available under section 24- 11.5(b)(1), (2) and (3), shall no longer be considered for a development allotment and the application shall be considered denied. (d) Projects shall be recommended for the award of a devel- opment allotment in accordance with the following rank- ing formula. Each commission member voting thereon shall rank the projects in the order of their priority such that the project receiving the highest number of total points shall be deemed the first priority project for such commission member. Each commission member voting thereon shall then assign a common number to each project in the rank order of its priority (i.e., the highest project for each commission member shall be assigned the common number "1", the next "2", etc.). For each project the common number assigned shall be averaged. The project receiving the lowest average num- ber shall be deemed to be the highest ranking project of the cormmission. The ranking thus established by the commission shall be forwarded to the city council on or before October 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 awarded to each project by each commission member voting thereon. The project receiving the highest number of total points shall be deemed to be the highest ranking project of the commission, and the ranking thus established by the com- mission shall be forwarded to the city council on or before October 1st of each year. Section 3 That subsection (b)(5) of Section 24-11.5 regarding an appli- cant's previous performances be and the same is hereby repealed and subsection (b)(6) shall be renumbered (b)(5). Section 4 That subsection (d) of Section 24-11.2 of the Municipal Code of the City of Aspen be and the same is hereby amended by adding subsections (d)(3) and (d)(4) setting forth additional require- ments for the award of a GMP exemption for construction of a single-family residence on a lot subdivided after November 14, 1977, which subsections shall read as follows: "(3) The lot under consideration, or any part thereof, was not previously the subject of an exemption under the provisions of this section or a 'lot split' exception or exemption pursuant to Section 20-19. RECORD OF PROCEEDINGS 100 Leaves (4) A subdivision plat is submitted and recorded by the applicant after City approval indicating that no further subdivision may be granted for these lots nor additional units be built without receipt of applicable approvals pursuant to Chapter 20 and an allocation pursuant to section 24-11.1." Section 5 That subsection (b)(4)(bb) of Section 24-11.4 of the Munici- pal Code of the City of Aspen be and the same is hereby repealed and reenacted to read as follows: "(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 limita- tions. For purposes of this section, one (1) percent of the total development shall be based solely on the ratio of the number of deed restricted bedrooms in the project to the total number of bedrooms in the project, provided, however, that the floor area of the deed restricted space in the development must equal at least fifty (50) percent of the floor area of the non-deed restricted portion of the project. For the purposes of this sec- tion, a studio shall be considered a three-quarter (3/4) bedroom." Section 6 That the introductory paragraph of subsection (a) of Section 24-11.4 of the Municipal Code of the City of Aspen be and the same is hereby amended to read as follows: "(a) Complete applications containing the following informa- tion shall be filed with the city planning office, on or before December 1st of each year. Prior to the filing date, applicants are encouraged to engage in a pre- application conference with the planning office for the purpose of clarifying, as necessary, the following requirements:" RECORD OF PROCEEDINGS lO0 Leaves Section 7 That the introductory paragraph of subsection (a) of Section 24-11.5 of the Municipal Code of the City of Aspen be and the same is hereby amended to read as follows: "(a) Complete applications containing the following informa- tion shall be filed with the city planning office, on or before August 1st of each year. Prior to the filing date, applicants are encouraged to engage in a pre- application conference with the planning office for the purpose of clarifying, as necessary, the following requirements:" Section 8 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 9 A public hearing on the ordinance shall be held on the day of ~ , 1983, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, 15 days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen on the ~94~-/day of ' , 1983. : William L. Stirling, Mayby ~TTEST:.~.- ~at~ry.n:~0ch, City Clerk 5 RECORD OF PROCEEDINGS 100 Leaves FINALLY adopted, passed and approved this /~-~ day of , · 1 983 ~i/ll/i~m~ St~'L.'/~ r~~r ATTEST.~ Kathry~S~Koch, City Clerk 6 RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) CERTIFICATE ) ss COUNTY OF PITKIN ) I, Kathryn S. Koch, 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 City Council of the City of Aspen on ~ ? , 19~, and published in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of ~ // , i9.~_~, and was finally adopted and approved at a regular meeting of the City Council on __~ /~ , 19~, and ordered published as Ordinance No. ~ , Series of t9 ~, of said City, as provided by /.aw. IN WITNESS WEEREOF, I have hereunto set my hand and the sea] of said City of Aspen, Colorado, this ~ day of ~ , 19~. / / Kathyrn~ Koch, City Clerk SEAL Deputy City Clerk