HomeMy WebLinkAboutordinance.council.014-07
ORDINANCE No. 14
(Series of 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AMENDMENTS TO THE FOLLOWING CHAPTERS AND
SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN
MUNICIPAL CODE: CHAPTER 26.470 - GROWTH MANAGEMENT QUOTA
SYSTEM.
WHEREAS, the City Council of the City of Aspen directed the Planning Director of
the Community Development Department to propose amendments to the Land Use Code
related to multi-family development, pursuant to sections 26.208 and 26.212; and,
WHEREAS, the amendments requested relate to the following Chapters and
Sections of the Land Use Code, Title 26 of the Aspen Municipal Code:
Chapter 26.470 - Growth Management Quota System.
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of
the Municipal Code shall be reviewed and recommended for approval, approval with
conditions, or denial by the Community Development Director and then by the Planning and
Zoning Commission at a public hearing. Final action shall be by City Council after reviewing
and considering these recommendations; and,
WHEREAS, the long-term economic sustainability of Aspen depends upon the
continued economic success and aesthetic attractiveness of commercial, lodging, and
residential buildings and districts; and,
WHEREAS, in order to encourage a continued social vitality of commercial,
lodging, and residential areas and a long-term sustainability of the local economy certain
development incentives are available for free-market residential development upon provision
of additional affordable housing development; and,
WHEREAS, the Community Development Director recommended approval of the
proposed amendments, as described herein; and,
WHEREAS, the amendments proposed herein are consistent with the Aspen Area
Community Plan, which in part calls for:
. The focusing of growth towards already developed areas and away from undeveloped
areas surrounding the city by intensification of land uses within the downtown.
. The retention of existing residential occupied residential units.
. The rejuvenation of aging commercial, lodging, and residential properties.
. The preservation of historic resources through the transfer of development rights.
. The development of commercial, lodging, and residential projects with housing
opportunities for locals.
Ordinance No. 14, Series of2007.
Page 1
. The development of affordable housing in locations supported by the "Interim Aspen
Area Housing Plan Guidelines" (incorporated as part of the 2000 AACP).
. An emphasis on the quality of development as opposed to just the quantity of
development.
. A balance between the community and the resort aspects of Aspen.
. The long-term sustainability of the local social and economic conditions of Aspen.
; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the proposed amendments to the above noted Chapters and Sections on March 27,
2007, April 2, 2007, April 9, 2007, April 10, 2007, and April II, 2007, took and considered
public testimony and the recommendation ofthe Community Development Director and
recommended, by a three to zero (3-0) vote, City Council adopt the proposed amendments to
the land use code by amending the text of the above noted Chapters and Sections of the Land
Use Code, as described herein.
WHEREAS, the Aspen City Council has reviewed and considered the recommended
changes to the Land Use Code under the applicable provisions of the Municipal Code identified
herein, has reviewed and considered the recommendation of the Community Development
Director, the Planning and Zoning Commission, and has taken and considered public comment at
a public hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Land Use
Code meet or exceed all applicable standards and that the approval of the proposal is consistent
with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO as follows:
Section 1:
Chapter 26.470 of the City of Aspen Municipal Code, which Chapter regulates the quality,
quantity, rate, and impacts of all development within the City of Aspen, shall read as follows:
Chapter 26.470
GROWTH MANAGEMENT QUOTA SYSTEM (GMQS)
Sections:
26.470.010 Purpose. ..................................................................................................................3
26.470.020 Applicability. .......................................................................................................... 3
Ordinance No. 14, Series of2007.
Page 2
26.470.030
26.470.040
26.470.050
26.470.060
26.470.070
26.470.080
26.470.090
26.470.100
26.470.110
26.470.120
26.470.130
26.470.140
26.470.150
Aspen Metro Area Development Ceilings and Annual Allotments ..................4
Exempt Development. ........................................................................................... 9
General Requirements. .......................................................................................11
Administrative Applications............................................................................... 1 2
Minor Planning and Zoning Commission Applications .................................17
Major Planning and Zoning Commission Applications
City Council Review ............................................................................................ 24
Calculations.......................................................................................................... 27
Growth Management Review Application Procedures. ..................................30
Community Objective Scoring Criteria ............................................................35
Reconstruction Limitations ................................................................................38
Amendment of a Growth Management Development Order..........................39
Appeals. ................................................................................................................ 40
26.470.010 Purpose.
The purposes of this Chapter are as follows: (I) to implement the Aspen Area Community
Plan's goals and policies, in conjunction with the background research and studies conducted in
support of the Plan; (2) to ensure that new growth occurs in an orderly and efficient manner in
the City of Aspen; (3) to ensure sufficient public facilities to accommodate new growth and
development; (4) to ensure that new growth and development is designed and constructed to
maintain the character and ambiance of the City of Aspen; (5) to ensure an adequate supply of
affordable housing, businesses and events that serve the local, permanent community and the
area's tourist base; (6) to ensure that growth does not over-extend the community's ability to
provide support services, including employee housing, traffic control and parking; and, (7) to
ensure that the resulting employees generated and impacts created by development and
redevelopment are mitigated by said development and redevelopment.
26.470.020 Applicability.
A. General.
This Chapter shall apply to all development in the City of Aspen :.-- Residential, Lodging,
Commercial, and Community Facilities. The "Growth Management Year," as the term is used in
this Chapter, shall be from January 1st through December 31 st.
B. Development Categories.
Table I establishes the development categories and units of allocation for each category for
purposes of administering this Chapter.
Ordinance No. 14, Series of2007.
Page 3
Table 1. Development Categories
A.
Residential
- Free-
Market
B.
Residential
- Affordable
Housing
c.
CommerciaL
D.
Lodging.
E.
Essential
Public
Facilities.
Dwelling units intended exclusively for residential
purposes, not subject to any residency requirements
and not including hotels, lodging, or timeshare
units. Units may be in the form of single-family,
duplex, multi-family, or part of a mixed-use
structure. (See definitions of Residential Use and
Dwelling. )
Dwelling units intended to house only local
working residents and deed restricted according to
the Aspen/Pitkin County Housing Authority
Guidelines. Units may be in the form of single-
family, duplex, multi-family, dormitory, or part of a
mixed-use structure. (See definition of Affordable
Housing.)
Buildings, or portions thereof, supporting office,
retail, warehousing, manufacturing, commercial
recreation, restaurantlbar, or service oriented
businesses, including retail and office uses but not
including hotel, lodging, or timeshare uses. (See
definition of Commercial Use.)
Buildings, or portions thereof, used to house a
transient tourist population on a short-term basis,
including lodges, hotels, motels, bed and breakfasts,
boarding houses, timeshare lodging, and exempt
timesharing. (See definition of Hotel.)
Facilities serving essential public purposes used by
or for the benefit of the general public and serving
the needs of the community. (See definition of
Essential Public Facility.)
Dwelling units
Dwelling units
Net leasable square
feet
Lodging pillows.
Each lodging
bedroom shall be
considered to be two
pillows.
Square feet.
26.470.030 Aspen Metro Area Development Ceilings and Annual Allotments
A. General. As the primary implementation tool for the Aspen Area Community Plan
(AACP), the Growth Management Quota System (GMQS) is designed to promote many
objectives. Despite its complexity, two overriding goals form its core: (I) to prohibit
development in excess of the AACP objective of a thirty thousand (30,000) peak population
(permanent and visitor); and (2) to ensure that the rate at which growth occurs does not exceed
the community's ability to cope with associated public facility and service demands and
accompanying changes to community character.
Ordinance No. 14, Series of2007. Page 4
Aspen area residents have determined that the maximum average growth rate that can be
accommodated without long-term negative consequences is two (2) percent per year, with the
exception of permanently affordable housing and lodging facilities. The AACP supports a
"critical mass" of permanent residents to be housed and a growth rate of more than two (2)
percent for affordable housing to ensure a balance of resort and community. The Economic
Sustainability Committee, a joint effort undertaken in 2002 between the City of Aspen, the
Aspen Institute Community Forum, and the Aspen Chamber Resort Association, supported, as
their number one recommendation, the redevelopment of existing lodging facilities and the
development of new lodging facilities to counteract the deteriorating and greatly decreased
lodging base. Therefore, the GMQS does not limit the annual growth rate of affordable housing
and lodging facilities, while all other types of development shall be limited to not exceed a two
(2) percent annual growth rate. In order to address continued community growth concerns, a
growth limit of .5% has been implemented for new free-market residential development.
For a variety of reasons, it is possible that the community's actual population growth might
exceed the designated growth rate percentages in some years. Previous GMQS approvals and
in/out-migration, for example, can result in periods of construction activity and population
growth that exceed the planned average annual growth rate.
B. Existing Development.
The following tables describe the existing (as of March, 2007) amount of development in each
sector used as a "baseline" in establishing annual allotments and development ceilings. 5
"Class" Leasable s uare~feet for class
365,486
19,950
113,207
179,824
144,777
149,814
208,331
483,549
Total C~~mereial: 1,664,938
, Source: Pitkin County Assessor, March 7, 2005.
6 Lodge unit square footage removed from total. Commercial space within lodge developments estimated through
City records.
Ordinance No. 14, Series of2007. Page 5
1,268
79
45
142
2,978
366
29
I
4,909
1,132
3,777
18.9 units
7,500
112.5 Pillows
C. Development Ceiling Levels.
Based on the 2000 Aspen Area Community Plan goal of limiting the ultimate population in order
to preserve a quality of life for both residents and visitors, growth ceilings are hereby established
for each type of land use.
As part of the 2000 AACP, average monthly population was estimated based on daily influent
flows of the Aspen Consolidated Sanitation District. This data was used to estimate the actual
number of people in town including residents, tourists, and the workforce. A total population of
23,050 was estimated for the busiest month in 1998 - July. Based on this month as the peak
7 Single ownership duplex and triplex units. 2 units per property ownership estimated.
4 Single ownership apartment buildings. Residence count reflects actual number of units recorded with Assessor.
, A total of 1,815 residences within the City of Aspen are deed restricted affordable housing. Of these units, several
are considered tax-exempt and are not included in the Assessor's counts. These units are rental affordable housing
owned by the City, APCHA, or tax-exempt non-profit organizations. Therefore, only the non-exempt units have
been subtracted from the Assessor's total residences to detennine the number of free-market residences.
Ordinance No. 14, Series of2007. Page 6
monthly population baseline, a total development ceiling to accommodate a total population of
30,000 represents a thirty (30) percent increase in development. Applied to each development
sector, development ceilings are established as follows:
Developm.el1t'i;y.pe/..... :"<f/.,e'iirrent~."e. topment I
.".... ........................ .... ..' . .. "
Free Market Residential 3,777
Affordable Housing 1,608
Commercial (sq. ft.) 1,664,938
Lodging 7,500 pillows
DeV'ellipfitent Ceiling
4,906
2,4286
2,164,420
11,160 pillows7
The Community Development Director shall calculate the number of allotments remaining under
established development ceilings as part of the year-end growth summary. Under no
circumstances shall development be allowed in excess of the development ceilings unless City
Council, pursuant to Section 26.470.090 Appeals, permits development in excess of the ceilings.
D. Annual Development Allotments.
The growth management quota system establishes annual development allotments available for
use by projects during each growth management year - January 1st to December 31st. The
number of development allotments available within a single growth management year varies
based on the following factors:
I. The type of land use.
2. The annual allotment available for each land use.
3. The number of allotments granted the previous year and whether or not the City
Council permits an accumulation from year to year.
4. The number of multi-year allotments granted by City Council from future years.
5. The number of allotments already granted in the current growth management year.
The Community Development Director shall calculate the development allotments available for
each type ofland use as follows:
+ Carry-Forward
. Allotment from
6 The development ceiling for affordable housing is based on the 2000 AACP goal of providing an additional 800 to
1,300 affordable housing units. Five hundred and eighty-eight (588) affordable housing units have been completed
and another ninety-nine (99) have been approved since adoption of the plan (as of January 2005). Although most of
these units were either approved, under construction, or occupied at the time of the plan adoption, they were
recognized in the plan as part of the overall housing need and represent progress towards the goal. Considering the
completed units, the affordable housing development ceiling has been established at 2,428 units, an increase of 613
units.
7 The development ceiling for lodging is based on the "pillow count" of Stay Aspen Snowmass. This number
peaked in 1995, with 9,959 pillows in the Aspen inventory. The 1998 pillow count of 8,583 was used to establish
the development ceiling. 7,500 pillows existed in 2007 and this figure was used to establish the annual quota. The
pillow count, because it is more accurate than unit counts at the time of this ordinance, shall be used to detennine
progress towards the development annual quotas and the development ceiling.
Ordinance No. 14, Series of2007. Page 7
II . '.~~'i:~_tdl~". ., ;'~~"..: ~;AlIo~:;;'''':::
. .;pri~yei!r.::f 'I
Where, the above terms are defined and established as follows:
Annual Allotment. The Annual Allotment reflects each year's potential growth within
the City of Aspen, applied to each type of land use. The Annual Allotment may be
reduced if multi-year allotments are granted by City Council. The following annual
allotments are hereby established:
Development Type A,mualAllofmenl
Residential - Free Market 18 Units
Commercial 33,300 net leasable square feet
Residential - Affordable Housing No annual limit
Lodging 112 Pillows
Essential Public Facility No annual limit
Carrv-Forward Allotment. At the conclusion of each growth management year, City
Council shall determine the amount of unused and unclaimed allotments, for each type of
development, and may assign the unused allotment to become part of the Available
Development Allotment for future projects. (See accounting procedure.) There is no
limit, other than that implemented by City Council, on the amount of potential growth
that may be carried forward to the next year.
Allotments awarded to a project which does not proceed and which are considered void
shall constitute unused allotments and shall be considered for allotment roll-over by City
Council. Allotments shall be considered vacated by a property owner upon written
notification from the property owner or upon expiration of the development right
pursuant to section 26.470.060.B.4, Expiration of Growth Management Allotments.
E. Available Allotments in each of two Annual Application Sessions.
The growth management quota system permits the submission of growth management allotment
applications that require scoring twice per year. (Not all applications require scoring.) The
submission deadlines for the two sessions shall be as defined in Section 26.470.110. For the first
session of the year, the number of development allotments available shall be the entire Annual
Allotment established pursuant to Section 26.470.030.D.
Allotments that are not granted, granted but then vacated, or not requested in the first session of
the year shall be available in the second session of the year. Any allotments remaining after the
Ordinance No. 14, Series of2007.
Page 8
second session of the year shall only be available in the future as determined by City Council
(See Accounting Procedure). Allotments shall be considered not granted upon denial of the
project and completion of any appeals. Allotments shall be considered vacated by a property
owner upon written notification from the property owner.
F. Accounting Procedure
The Community Development Director shall maintain an ongoing account of available,
requested, and approved growth management allocations and progress towards each
development ceiling. Allotments shall be considered allocated upon issuance of a Development
Order for the project. Unless specifically not deducted from the Annual Development Allotment
and Development Ceilings, all units of growth shall be included in the accounting. Affordable
Housing units shall be deducted regardless of the unit being provided as growth mitigation or
otherwise. After the conclusion of each growth management session and year, the Community
Development Director shall prepare a summary of growth allocations.
The City Council, at their first regular meeting of the growth management year, shall review,
during a public hearing, the prior year's growth summary, consider a recommendation from the
Community Development Director, consider comments from the general public, and shall, via
adoption of a resolution, establish the number of unused and unclaimed allotments to be carried
forward and added to the Annual Allotment. City Council may carry forward any portion of the
previous year's unused allotment, including all or none.
The City Council shall also consider the remaining development allotments within the
Development Ceilings, established pursuant to Section 26.4 70.030.C, and shall reduce the
Available Development Allotment by any amount that exceeds the Development Ceiling. The
public hearing shall be noticed by publication, pursuant to Section 26.304.060.E.3.a. The City
Council shall consider the following criteria in determining the allotments to be carried forward:
I. The goals and objectives ofthe Aspen Area Community Plan.
2. The community's growth rate over the preceding five-year period.
3. The ability of the community to absorb the growth that could result from a proposed
development utilizing accumulated allotments, including issues of scale, infrastructure
capacity, construction impacts, and community character.
4. The expected impact from approved developments that have obtained allotments, but that
have not yet been built.
26.470.040 Exempt Development.
The following types of development shall be exempt from the provIsIOns of this Chapter.
Development exempt from growth management shall not be considered exempt from other
chapters of the Land Use Code and property owners should consult with the Community
Development Department. Where applicable, exemptions are cumulative.
Ordinance No. 14, Series of2007.
Page 9
I. Remodeling or expansion of existing single-family and duplex residential development.
The remodeling or expansion of existing single-family and duplex residential dwellings
shall be exempt from growth management. When Demolition occurs, see Section
26.470.060.2. (Also see definition of Demolition, Section 26.104.100.)
2. Conversion of an existing single-family residence to a duplex residence or vise-versa.
The conversion of an existing single-family residence into multiple detached dwelling
units or to a duplex residence or vise-versa, shall be exempt from growth management.
When Demolition occurs, see Section 26.470.060.2. Not all zone districts allow both
single-family and duplex development. (See definition of Demolition, Section
26.104.100, and Zone Districts, Chapter 26.710.)
Note: In zone districts permitting the development of a single-family, a duplex, or two
single-family residences, one development allotment may be expressed as a single-
family, a duplex, or two single-family residences. The parcel shall have only one
development right regardless of the way in which it has been or is proposed to be
developed. The parcel may be condominiumized to separate ownership. In order to
subdivide the parcel, additional development right(s) must be obtained.
3. Remodeling or Expansion of existing multi-family residential development. The
remodeling or expansion of existing multi-family residential dwellings shall be exempt
from growth management as long as no Demolition occurs. When Demolition occurs, see
Section 26.470.070.6 - Demolition or Redevelopment of Multi-Family Housing. (Also
see definition of Demolition, Section 26.104.100.)
4. Relocation of Historic Structures. The relocation of a structure listed on the Aspen
Inventory of Historic Landmark Sites and Structures, permanently or temporarily, shall
be exempt from growth management, provided all necessary approvals are obtained,
pursuant to Section 26.415, Development Involving the Inventory of Historic Sites and
Structures.
5. Transferable Development Rights. The establishment and extinguishment of
Transferable Development Right Certificates shall be exempt from growth management
provided such certificates comply with Section 26.535, Transferable Development
Rights.
6. Remodeling or replacement of existing commercial or lodge development. Remodeling
or replacement after demolition of existing commercial or hotel/lodge buildings and
portions thereof shall be exempt from the provisions of growth management, provided
that no additional net leasable square footage or lodge units are created and there is no
change-in-use. If redevelopment involves an expansion of net leasable square footage or
lodge units, only the replacement of existing development shall be exempt. Existing,
prior to demolition, net leasable square footage and lodge units shall be documented by
the City of Aspen Zoning Officer prior to demolition. Also see definition of Net
Leasable Commercial and Office Space, Section 26.104.100.
Ordinance No. 14, Series of2007.
Page 10
7. Temporary Uses and Structures. The development of a temporary use or structure shall
be exempt from growth management, subject to the provisions of Section 26.450,
Temporary Uses. Temporary external airlocks shall only be exempt from the provisions
of this Chapter if approved pursuant to Section 26.450.
8. Special Events. Special events permitted by the City of Aspen shall be exempt from this
Chapter.
9. Accessory Dwelling Units and Carriage Houses. The development of Accessory
Dwelling Units (ADUs) and Carriage Houses shall be exempt from the provisions of this
Chapter but subject to the provisions of Chapter 26.520, Accessory Dwelling Units and
Carriage Houses.
10. Retractable Canopies and Trellis Structures. Retractable Canopies and trellis structures
appended to a commercial or lodging structure shall be exempt from growth management
provided: a) there is no expansion of floor area; b) the Canopy or trellis structure is not
enclosed by walls, screens, windows or other enclosures; and c) for a trellis structure, at
least fifty (50) percent of the overhead structure is open to the sky. Awnings shall be
exempt from this Chapter.
II. Public Infrastructure. The development of public infrastructure such as roads, bridges,
waterways, utilities, and associated poles, wires, conduits, drains, hydrants, and similar
items considered Essential Services (see definition) shall be exempt from growth
management. Essential Public Facilities shall not be exempt and shall be reviewed
pursuant to Section 26.470.090.4 - Essential Public Facilities.
26.470.050 General Requirements.
A. Purpose:
The intent of growth management is to provide for orderly development and redevelopment of
the City while providing mitigation from the impacts said development and redevelopment
creates. Different types of development are categorized below as well as the necessary review
process and review standards for the proposed development. A proposal may fall into multiple
categories and therefore have multiple processes and standards to adhere to and meet.
B. General Requirements:
All development applications for growth management review shall comply with the following
standards. The reviewing body shall approve, approve with conditions, or deny an application
for growth management review based on the following generally applicable criteria and the
review criteria applicable to the specific type of development:
I. Sufficient growth management allotments are available to accommodate the proposed
development, pursuant to Section 26.470.030.D. Applications for Multi-Year
Development Allotment, pursuant to 26.470.090.1, shall not be required to meet this
standard.
Ordinance No. 14, Series of2007.
Page 11
2. The proposed development is consistent with the Aspen Area Community Plan.
3. The development conforms to the requirements and limitations of the zone district.
4. The proposed development is consistent with the Conceptual Historic Preservation
Commission approval, the Conceptual Commercial Design Review approval, and the
Conceptual Planed Unit Development approval, as applicable.
5. Unless otherwise specified in this Chapter, sixty (60) percent of the employees generated
by the additional commercial or lodge development, according Section 26.470.100.A,
Employee Generation Rates, are mitigated through the provision of affordable housing.
The employee generation mitigation plan shall be approved pursuant to Section
26.470.070.4, Affordable Housing, at a Category 4 rate as defined in the Aspen Pitkin
County Housing Authority Guidelines, as amended. An applicant may choose to provide
mitigation units at a lower Category designation.
6. Affordable housing Net Livable Area, for which the finished floor level is at or above
Natural or Finished Grade, whichever is higher, shall be provided in an amount equal to
at least thirty (30) percent of the additional free-market residential Net Livable Area, for
which the finished floor level is at or above Natural or Finished Grade, whichever is
higher.
Affordable housing shall be approved pursuant to Section 26.470.070.4, Affordable
Housing, and be restricted to Category 4 rate as defined in the Aspen Pitkin County
Housing Authority Guidelines, as amended. An applicant may choose to provide
mitigation units at a lower Category designation. Affordable housing units that are being
provided absent a requirement ("voluntary units") may be deed restricted at any level of
affordability, including Residential Occupied.
7. The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
26.470.060 Administrative Applications:
The following types of development shall be approved, approved with conditions, or denied by
the Community Development Director, pursuant to Section 26.470.110, Growth Management
Review Procedures, and the criteria for each type of development described below. Except as
noted, all growth management applications shall comply with the General Requirements of
Section 26.470.050. Except as noted, all administrative growth management approvals shall be
deducted from the respective Development Ceiling Levels but shall not be deducted from the
Annual Development Allotments. Administrative approvals apply cumulatively.
1. Single-Family and Duplex Development on Historic Landmark Properties. The
development of one or multiple single-family residences or a duplex on a parcel of land
designated as a Historic Landmark and which contains an historic resource shall be approved
Ordinance No. 14, Series of2007.
Page 12
by the Community Development Director. This review applies to the rehabilitation of
existing structures, reconstruction after demolition of existing structures, and the
development of new structures on Historic Landmark properties. No affordable housing
mitigation shall be required provided all necessary approvals are obtained, pursuant to
Section 26.415, Development Involving the Inventory of Historic Sites and Structures, and
provided the parcel contains a historic resource.
Development of single-family or duplex structures on a Historic Landmark property that does
not contain an historic resource (for example, a new house on a vacant lot which was
subdivided from a historic landmark property) shall be subject to the provisions of Section
26.470.060.2 - Single-Family and Duplex Dwelling units.
2. Single-Family and Duplex Dwelling Units.
The following types of development of single-family or duplex structures shall require the
provision of affordable housing in one of the methods described in subparagraph c:
a. The development of a new single-family, multiple detached residential units when
permitted in the zone district, or a duplex dwelling, on a vacant lot in one of the
following conditions:
. A vacant lot created by a Lot Split, pursuant to Section 26.480.060(C).
. A vacant lot created by a Historic Lot Split, pursuant to Section 26.480.030.A.4,
when the subject lot does not itself contain a historic resource.
. A vacant lot that was subdivided or was a legally described parcel prior to November
14, 1977, that complies with the provisions of Section 26.480.020(E), Aspen
Townsite Lots.
These new residential units shall be deducted from the Development Ceiling Levels
established pursuant to Section 26.470.030, but shall not be deducted from the respective
Annual Development Allotments for residential development.
b. The replacement after demolition of an existing single-family, multiple detached
residential units when permitted in the zone district, or a duplex dwelling, regardless of
when the lot was subdivided or legally described.
These redeveloped units shall not require a growth management allocation and shall not
be deducted from the respective Annual Development Allotments or Development
Ceiling Levels established pursuant to Section 26.470.030.
c. Affordable housing requirements for the types of single-family and duplex development
described above shall be as follows:
Sinsde-familv. In order to qualify for a single-family approval, the applicant shall have
five (5) options:
I. Providing an above grade, detached Accessory Dwelling Unit (ADU) or a
Carriage House pursuant to Section 26.520, Accessory Dwelling Units and
Carriage Houses; or,
Ordinance No. 14, Series of2007.
Page 13
2. Providing an Accessory Dwelling Unit, or a Carriage House, authorized through
Special Review to be attached and/or partially or fully subgrade, pursuant to
Section 26.520; or,
3. Providing and off-site Affordable Housing Unit within the Aspen Infill Area
accepted by the Aspen/Pitkin County Housing Authority and deed restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines, as
amended; or,
4. Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended; or
5. Recording a resident-occupancy (RO) deed restriction on the single-family
dwelling unit being constructed.
Duolex. In order to qualifY for a duplex approval, the applicant shall have six (6) options:
I. Providing one free market dwelling unit and one deed restricted Resident-
Occupied (RO) dwelling unit with a minimum floor area of one thousand five
hundred (1,500) square feet; or,
2. Providing either two above grade, detached Accessory Dwelling Units or Carriage
Houses (or one of each), or one above grade, detached ADU or Carriage House
with a minimum floor area of six hundred (600) net livable square feet, pursuant
to Section 26.520; or,
3. Providing either two Accessory Dwelling Units or Carriage Houses (or one of
each) or one ADU or Carriage House with a minimum of 600 net livable square
feet authorized through Special Review to be attached and/or partially or fully
subgrade, pursuant to Section 26.520; or,
4. Providing an off-site Affordable Housing Unit within the Aspen Infill Area
accepted by the Aspen/Pitkin County Housing Authority and deed restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines, as
amended; or,
5. Providing two deed restricted Resident-Occupied (RO) dwelling units; or
6. Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended.
3. Change-In-Use of Historic Landmark Sites and Structures. The change of use, between the
Development Categories identified in Section 26.470.020, of a property, structure, or portion
of a structure designated as a Historic Landmark shall be approved, approved with
conditions, or denied by the Community Development Director if no more than one free-
market residence is created. If more than one free-market residence is created, the additional
units shall be reviewed pursuant to Section 26.470.080.2. The change in amount of
development and number of units shall be added and deducted from the respective
Development Ceiling Levels established pursuant to Section 26.470.030, but shall not be
added or deducted from the respective Annual Development Allotments.
Ordinance No. 14, Series of2007.
Page 14
--,.~--
4. Minor enlargement of a Historic Landmark for commercial, lodge, or mixed-use
development. The enlargement of a property, structure, or portion of a structure designated as
a Historic Landmark for commercial, lodge, or mixed-use development shall be approved,
approved with conditions, or denied by the Community Development Director based on the
following criteria. The additional development of uses identified in Section 26.470.020 shall
be deducted from the Development Ceiling Levels established pursuant to Section
26.470.030, but shall not be deducted from the respective Annual Development Allotments.
a) If the development increases either Floor Area or Net Leasable space/lodge units, but
not both, then no employee mitigation shall be required.
b) If the development increases both Floor Area and Net Leasable space/lodge units, up
to four (4) employees generated by the additional commercial/lodge shall not require
the provision of affordable housing. An expansion generating more than four (4)
employees shall not qualifY for this administrative approval and shall be reviewed
pursuant to 26.470.070.1.
c) No more than one free-market residence is created. This shall be cumulative and
shall include administrative GMQS approvals granted prior to the adoption of
Ordinance No. 14, Series of2007.
5. Minor Expansion of a Commercial, Lodge, or Mixed-Use Development. The minor
enlargement of a of a property, structure, or portion of a structure for commercial, lodge, or
mixed-use development shall be approved, approved with conditions, or denied by the
Community Development Director based on the following criteria. The additional
development of uses identified in Section 26.470.020 shall be deducted from the
Development Ceiling Levels established pursuant to Section 26.470.030, but shall not be
deducted from the respective Annual Development Allotments.
a) The expansion involves no more than 250 square feet of net leasable space or two
Hotel/Lodge units. The expansion involves no residential units. This shall be
cumulative and shall include administrative GMQS approvals granted prior to the
adoption of Ordinance No. 14, Series of2007.
6. Alley Stores. The expansion or conversion of an existing commercial or mixed-use building,
or portion thereof, or the development of a new commercial or mixed-use building to
accommodate a storefront along an alleyway or shall be approved, approved with conditions,
or dt;nied by the Community Development Director based on the following criteria:
a) The commercial space, or spaces, shall be no greater than six-hundred (600) gross
square feet per space including storage and other non-leasable space and shall have
no internal connection to any other space. Multiple spaces may be created.
b) The commercial space shall not reduce the property's Utility/Trash/Recycle service
area requirement unless such reduction is approved pursuant to Section 26.575.060.
Ordinance No. 14, Series of2007.
Page 15
c) Alley Stores that front entirely on an alleyway with no fenestration or direct access
along a primary street shall not require the provision of affordable housing.
7. Temporary Outdoor Food Vending. A temporary use of outdoor food vending by a
restaurant or retailer on private property, private open space, or public property that is subject
to a mall lease for food vending or outdoor restaurant seating in the Commercial Core (CC)
Zone District shall be shall be approved, approved with conditions, or denied by the
Community Development Director based on the following criteria:
a) The temporary operation shall be permitted for a specified period not to exceed six
(6) months in duration or as otherwise limited by a mall lease.
b) The area of outdoor food vending activities does not exceed fifty (50) square feet.
The area of outdoor food vending activities shall be defined as a counter area,
equipment needed for the food vending activities (e.g. cooler with drinks, snow cone
machine, popcorn machine, etc.), and the space needed by employees to work the
food vending activity.
c) Temporary outdoor food vending may only occur by or in association with restaurant
or retail uses and with the approval of the restaurant or retail establishment's owner in
which the outdoor food vending is associated and located adjacent to.
d) An application to the Community Development Director for temporary outdoor food
vending shall only be submitted and approved subsequent to submitting and obtaining
approval of a food service plan from the Environmental Health Department. The area
of outdoor food vending activities shall include a waste disposal container that shall
be emptied daily and stored inside at night and when the outdoor food vending
activities are not in operation. Additionally, no outdoor, open-flame char-broiling
shall be permitted pursuant to Municipal Code Section 13.08.100, Restaurant Grills.
e) The Community Development Director shall waive affordable housing mitigation
fees associated with the temporary new net leasable square footage being created by
outdoor food vending activities.
1) The outdoor food vending activities may occur year-round. An application for and an
approval of temporary outdoor vending activities shall not constitute nor be
interpreted by any property owner, developer, vendor, or court as a site specific
development plan entitled to vesting under Article 68 of Title 24 of the Colorado
Revised Statutes or Chapter 26.308 of this Title. Approvals granted in this subsection
are subject to revocation by the City Manager or Community Development Director
without requiring prior notice.
g) An application for temporary outdoor food vending activities shall not diminish the
general public health, safety or welfare and shall abide by all applicable City
regulations, including but not limited to building codes, health safety codes, fire
codes, liquor laws, sign and lighting codes, and sales tax license regulations.
h) Each vendor wishing to operate outdoor food vending activities shall apply for and be
approved for a permit (no fee required) to do so prior to commencing operations.
Applicable Environmental Health Plan Review fees shall apply.
Ordinance No. 14, Series of2007.
Page 16
26.470.070 Minor Planning and Zoning Commission Applications:
The following types of development shall be approved, approved with conditions, or denied by
the Planning and Zoning Commission, pursuant to Section 26.470.110, Procedures for Review,
and the criteria for each type of development described below. Except as noted, all growth
management applications shall comply with the General Requirements of 26.470.050. Except as
noted, the following types of growth management approvals shall be deducted from the
respective Development Ceilin& Levels but shall not be deducted from the Annual Development
Allotments. Approvals apply cumulatively.
1. Enlargement of a Historic Landmark for Commercial, Lodge, or Mixed-Use
Development. The enlargement of a historic landmark building for commercial, lodge, or mixed-
use development shall be approved, approved with conditions, or denied by the Planning and
Zoning Commission based on the following criteria:
a) Up to four (4) employees generated by the additional commercial/lodge development
shall not require the provision of affordable housing. Thirty (30) percent of the
employee generation above four (4) and up to eight (8) employees shall be mitigated
through the provision of affordable housing or cash-in-lieu thereof. Sixty (60)
percent of the employee generation above eight (8) employees shall be mitigated
through the provision of affordable housing or cash-in-lieu thereof.
For example: a project generating 15 employees shall require employee
mitigation for a total of 5.4 employees, as follows:
First 4 employees = 0 employee mitigation
Second 4 employees mitigated at 30% = 1.2 employees
Remaining 7 employees mitigated at 60% = 4.2 employees
Affordable housing shall be approved pursuant to Section 26.470.070.4, Affordable
Housing, and be restricted to Category 4 rate as defined in the Aspen Pitkin County
Housing Authority Guidelines, as amended. An applicant may choose to provide
mitigation units at a lower Category designation.
b) Up to one free-market residence may be created pursuant to 26.470.060.4 - Minor
enlargement of a Historic Landmark for commercial, lodge, or mixed-use
development. This shall be cumulative and shall include administrative GMQS
approvals granted prior to the adoption of Ordinance No. 14, Series of 2007.
Additional free-market units (beyond one) shall be reviewed pursuant to Section
26.470.080.2 - New Free-Market Residential Units within a Multi-Family or Mixed-
Use Project.
2. Change in use. A change in use, of an existing property, structure, or portions of an
existing structure, between the Development Categories identified in Section 26.470.020,
(irrespective of direction) for which a Certificate of Occupancy has been issued for at least two
(2) years and which is intended to be reused, shall be approved, approved with conditions, or
denied by the Planning and Zoning Commission based on the General Requirements outlined in
Ordinance No. 14, Series of2007.
Page 17
Section 26.470.050. No more than one (I) free-market residential unit may be created through
the change-in-use.
3. Expansion of Free-Market Residential Units within a Multi-Family or Mixed-Use
Project. The Net Livable Area expansion of existing free-market residential units within a
mixed-use project, or the Net Livable Area expansion after Demolition of existing free-market
residential units within a multi-family project shall be approved, approved with conditions, or
denied by the Planning and Zoning Commission based on the General Requirements outlined in
Section 26.470.050. The remodeling or expansion of existing multi-family residential dwellings
shall be exempt from growth management as long as no Demolition occurs, pursuant to Section
26.470.040.3.
4. Affordable Housing. The development of affordable housing deed restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved,
approved with conditions, or denied by the Planning and Zoning Commission based on the
following criteria:
a) The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing
Authority. A recommendation from the Aspen/Pitkin County Housing Authority
shall be required for this standard. The Aspen/Pitkin County Housing Authority may
choose to hold a public hearing with the Board of Directors.
b) Affordable Housing required for mitigation purposes shall be in the form of actual
newly built units or buy-down units. Off-site units shall be provided within the City
of Aspen city limits. Units outside the city limits may be accepted as mitigation by
the City Council, pursuant to 26.470.090.2. If the mitigation requirement is less than
one full unit, a cash-in-lieu payment may be accepted by the Planning and Zoning
Commission upon a recommendation from the Aspen/Pitkin County Housing
Authority. If the mitigation requirement is one or more units, a cash-in-lieu payment
shall require City Council approval, pursuant to Section 26.470.090.3. Required
affordable housing may be provided through a mix of these methods.
c) Each unit provided shall be designed such that the finished floor level of fifty (50)
percent or more of the unit's Net Livable Area is at or above Natural or Finished
Grade whichever is higher.
d) The proposed units shall be deed restricted as "for sale" units and transferred to
qualified purchasers according to the Aspen/Pitkin County Housing Authority
Guidelines. The owner may be entitled to select the first purchasers, subject to the
aforementioned qualifications, with approval from the Aspen/Pitkin County Housing
Authority. The deed restriction shall authorize the Aspen/Pitkin County Housing
Authority or the City of Aspen to own the unit and rent it to qualified renters as
defined in the Affordable Housing Guidelines established by the AspenlPitkin County
Housing Authority, as amended.
Ordinance No. 14, Series of2007.
Page 18
The proposed units may be rental units, including but not limited to rental units
owned by an employer or non-profit organization, if a legal instrument in a form
acceptable to the City Attorney ensures permanent affordability of the units. The City
encourages affordable housing units required for lodge development to be rental units
associated with the lodge operation and contributing to the long-term viability of the
lodge.
Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen,
Pitkin County, or other similar govemmental or quasi-municipal agency shall not be
subject to this mandatory "for-sale" provision.
5. Demolition or Redevelopment of Multi-Family Housing. The City of Aspen's
neighborhoods have traditionally been comprised of a mix of housing types, including those
affordable by its working residents. However, because of Aspen's attractiveness as a resort
environment, and because of the physical constraints of the upper Roaring Fork Valley, there is
constant pressure for the redevelopment of dwellings currently providing resident housing for
tourist and second home use. Such redevelopment results in the displacement of individuals and
families who are an integral part of the Aspen work force. Given the extremely high cost of and
demand for market-rate housing, resident housing opportunities for displaced working residents,
which are now minimal, will continue to decrease.
Preservation of the housing inventory and provision of dispersed housing opportunities in Aspen
have been long-standing planning goals of the community. Achievement ofthese goals will serve
to promote a socially and economically balanced community, limit the number of individuals
who face a long and sometimes dangerous commute on State Highway 82, reduce the air
pollution effects of commuting, and prevent exclusion of working residents from the city's
neighborhoods.
The Aspen Area Community Plan established a goal that affordable housing for working
residents be provided by both the public and private sectors. The City and the Aspen/Pitkin
County Housing Authority, has provided affordable housing both within and adjacent to the city
limits. The private sector has also provided affordable housing. Nevertheless, as a result of the
replacement of resident housing with second homes and tourist accommodations, and the steady
increase in the size of the workforce required to assure the continued viability of Aspen area
businesses and Aspen's tourist based economy, the City has found it necessary, in concert with
other regulations, to adopt limitations on the combining, demolition, or conversion of existing
multi-family housing in order to minimize the displacement of working residents, to insure that
the private sector maintains its role in the provision of resident housing, and to prevent a housing
shortfall from occurring.
The combining, demolition, conversion, or redevelopment of multi-family housing shall be
approved, approved with conditions, or denied by the Planning and Zoning Commission based
on compliance with the following requirements: (See definition of Demolition.)
Ordinance No. 14, Series of2007.
Page 19
I. Requirements for Combining. Demolishing. Converting. or Redeveloping Free-Market
Multi-Familv Housing Units: Only one of the following two options is required to be
met when combining, demolishing, converting, or redeveloping a free-market multi-family
residential property. To ensure the continued vitality of the community and a critical mass of
local working residents, no net loss of density (total number of units) between the existing
development and proposed development shall be allowed.
a. One-Hundred Percent Replacement. In the event of the demolition of free-market
multi-family housing, the applicant shall have the option to construct replacement
housing consisting of no less than one-hundred (100) percent of the number of units,
bedrooms, and Net Livable Area demolished. The replacement units shall be deed
restricted as Resident Occupied affordable housing, pursuant to the Guidelines of the
Aspen/Pitkin County Housing Authority. An applicant may choose to provide
mitigation units at a lower Category designation. Each replacement unit shall be
approved pursuant to Section 26.470.070.4 - Affordable Housing.
When this one-hundred (100) percent standard is accomplished, the remammg
development on the site may be free-market residential development with no
additional affordable housing mitigation required as long as there is no increase in the
number of free-market residential units on the parcel. Free-market units in excess of
the total number originally on the parcel shall be reviewed pursuant to Section
26.470.070.3 - Expansion of Free-Market Residential Units within a Multi-Family or
Mixed-Use Development.
b. Fifty Percent Replacement. In the event of the demolition of free-market multi-
family housing and replacement ofless than one-hundred (100) percent of the number
of previous units, bedrooms, or Net Livable Area as described above, the applicant
shall be required to construct affordable housing consisting of no less than fifty (50)
percent of the number of units, bedrooms, and the Net Livable Area demolished. The
replacement units shall be deed restricted as Category 4 housing, pursuant to the
Guidelines of the Aspen/Pitkin County Housing Authority. An applicant may choose
to provide mitigation units at a lower Category designation. Each replacement unit
shall be approved pursuant to Section 26.470.070.4 - Affordable Housing.
When this fifty (50) percent standard is accomplished, the remaining development on
the site may be free-market residential development as long as additional affordable
housing mitigation is provided pursuant to Section 26.470.070.3 - Expansion of Free-
Market Residential Units within a Multi-Family or Mixed-Use Project, and there is no
increase in the number of free-market residential units on the parcel. Free-market
units in excess of the total number originally on the parcel shall be reviewed pursuant
to Section 26.470.080.2 - New Free-Market Residential Units within a Multi-Family
or Mixed-Use Project.
2. Requirements for Demolishing Affordable Multi-FamilvHousing Units: In the event a
project proposes to demolish or replace existing deed restricted affordable housing units, the
redevelopment may increase or decrease the number of units, bedrooms, or Net Livable Area
Ordinance No. 14, Series of2007.
Page 20
such that there is no decrease in the total number of employees housed by the existing units.
The overall number of replacement units, unit sizes, bedrooms, and category of the units
shall be reviewed by the Aspen/Pitkin County Housing Authority and a recommendation
forwarded to the Planning and Zoning Commission.
3. Fractional Unit Requirement. When the affordable housing replacement requirement of
this section involves a fraction of a unit, cash-in-lieu may be provided only upon the review
and approval ofthe City Council, to meet the fractional requirement only, pursuant to Section
26.470.090.3. - Provision of Required Affordable Housing via a Cash-in-Lieu Payment
4. Location Requirement. Multi-family replacement units, both free-market and affordable,
shall be developed on the same site on which demolition has occurred, unless the owner shall
demonstrate and the Planning and Zoning Commission determines that replacement of the
units on-site would be in conflict with the parcel's zoning or would be an inappropriate
solution due to the site's physical constraints.
When either of the above circumstances result, the owner shall replace the maximum number
of units on-site which the Planning and Zoning Commission determines that the site can
accommodate and may replace the remaining units off-site, at a location determined
acceptable to the Planning and Zoning Commission. A recommendation from the
Aspen/Pitkin County Housing Authority shall be considered for this standard.
5. Timing Requirement. Any replacement units required to be deed restricted as affordable
housing shall be issued a Certificate of Occupancy, according to the Building Department,
and be available for occupancy at the same time as, or prior to, any redeveloped free-market
units, regardless of whether the replacement units are built on-site or off-site.
6. Redevelopment Agreement. The applicant and the City of Aspen shall enter into a
redevelopment agreement that specifies the manner in which the applicant shall adhere to the
approvals granted pursuant to this Section and penalties for non-compliance. The agreement
shall be recorded prior to application for a demolition permit may be accepted by the City.
7. Growth Management Allotments. The existing number of free-market residential units,
prior to demolition, may be replaced exempt from growth management, provided the units
conform to the provisions of this Section. The redevelopment credits shall not be
transferable separate from the property unless permitted as described above in Location
Requirement.
26.470.080 Major Planning and Zoning Commission Applications:
The following types of development shall be approved, approved with conditions, or denied by
the Planning and Zoning Commission, pursuant to Section 26.470.060, Procedures for Review,
and the criteria for each type of development described below. Except as noted, all growth
management applications shall comply with the General Requirements of Section 26.470.050.
Ordinance No. 14, Series of2007.
Page 21
Except as noted, all Planning and Zoning Commission growth management approvals shall be
deducted from the respective Annual Development Allotments and Development Ceiling Levels.
1. Expansion or New Commercial Development. The expansion of an existing commercial
building or commercial portion of a mixed-use building or the development of new a commercial
building or commercial portion of a mixed-use building shall be approved, approved with
conditions, or denied by the Planning and Zoning Commission based on General Requirements
outlined in Section 26.470.050.
2. New Free-Market Residential Units within a Multi-Family or Mixed-Use Project. The
development of new free-market residential units within a multi-family or mixed-use project
shall be approved, approved with conditions, or denied by the Planning and Zoning Commission
based on the following criteria General Requirements outlined in Section 26.470.050.
3. Lodge Development. The expansion of an existing lodge, or the development of a new
lodge shall be approved, approved with conditions, or denied by the Planning and Zoning
Commission based on the following criteria:
a) If the project contains a minimum of one lodge unit per five-hundred (500) square
feet of Lot Area, the following affordable housing mitigation standards shall apply:
i. Affordable housing Net Livable Area equaling a percentage, as defined in the
unit-size table below, of the additional free-market residential Net Livable Area
shall be mitigated through the provision of affordable housing.
ii. A percentage, as defined in the table below, of the employees generated by the
additional lodge, timeshare lodge, exempt timeshare units, and associated
commercial development, according Section 26.470.100.A.! - Employee
Generation, shall be mitigated through the provision of affordable housing.
A verageNe/1-.ivirbleArea AfiordableHousing '. Percentage of
ofto.rJ.getlilits being Net Livable Area employee generation
added/o the parcel required. requiring the
{percentage of Free- provision of
MarketNet Livable mitigation:
Areal
600 square feet or greater 30% 60%
500 square feet 30% 40%
400 square feet 20% 20%
300 square feet or smaller I 0% 10%
When the average unit size falls between the square footage categories, the
required affordable housing shall be determined by interpolating the above
Ordinance No. 14, Series of2007. Page 22
schedule. For example, a lodge project with an average unit size of 450 square
feet shall be required to provide mitigation for 30% of the employees generated.
Affordable housing units provided shall be approved pursuant to Section
26.470.070.4, Affordable Housing, and be restricted to a maximum of Category 4
rate as defined in the Aspen Pitkin County Housing Authority Guidelines, as
amended. An applicant may choose to provide mitigation units at a lower
Category designation.
b) If the project contains less than one lodge unit per five-hundred (500) square feet of
Lot Area, the following affordable housing mitigation standards shall apply:
i) Affordable housing Net Livable Area equaling thirty (30) percent of the
additional free-market residential Net Livable Area shall be mitigated through
the provision of affordable housing.
ii) Sixty (60) percent of the employees generated by the additional lodge,
timeshare lodge, exempt timeshare units, and associated commercial
development, according Section 26.4 70.050.A.1 - Employee Generation, shall
be mitigated through the provision of affordable housing.
4. Residential Development - 60 Percent Affordable. The development of a residential
project, or an addition of units to an existing residential project, in which a minimum of sixty
(60) percent of the additional units and thirty (30) percent of the additional Floor Area is
affordable housing deed restricted in accordance with the Aspen/Pitkin County Housing
Authority Guidelines shall be approved, approved with conditions, or denied by the Planning and
Zoning Commission based on the following criteria:
a) A minimum of sixty (60) percent of the total additional units and thirty (30) percent
of the project's additional Floor Area shall be affordable housing. Multi-site projects
are permitted. Affordable housing units provided shall be approved pursuant to
Section 26.470.070.4 - Affordable Housing, and shall average Category 4 rates as
defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An
applicant may choose to provide mitigation units at a lower Category designation.
b) If the project consists of only one (I) free-market residence, then a minimum of one
(I) affordable residence representing a minimum of thirty (30) percent of the project's
total Floor Area and deed restricted as a Category 4 "for-sale" unit, according to the
provisions ofthe Aspen/Pitkin County Affordable Housing Guidelines, shall qualifY.
5. Residential Development - 70 Percent Affordable. The development of a residential
project, or an addition to an existing residential project, in which seventy (70) percent of the
project's additional units and seventy (70) percent of the project's additional bedrooms are
affordable housing deed restricted in accordance with the Aspen/Pitkin County Housing
Authority Guidelines shall be approved, approved with conditions, or denied by the Planning and
Zoning Commission based on the following criteria:
Ordinance No. 14, Series of2007.
Page 23
a) Seventy (70) percent of the total additional units and total additional bedrooms shall
be affordable housing. At least forty (40) percent of the units shall average Category
4 rates as defined in the Aspen Pitkin County Housing Authority Guidelines, as
amended. The remaining thirty (30) percent affordable housing unit requirement may
be provided as Resident Occupied (RO) units as defined in the Aspen Pitkin County
Housing Authority Guidelines, as amended. Multi-site projects are permitted.
Affordable housing units provided shall be approved pursuant to Section
26.470.070.4 - Affordable Housing. An applicant may choose to provide mitigation
units at a lower Category designation.
b) If the project consists of one (I) free-market residence, then the provision of one (1)
RO residence, and one (I) Category residence shall be considered meeting the 70
percent unit standard. If the project consists of two (2) free-market residences, then
the provision oftwo (2) RO residences and two (2) Category residences shall qualify
26.470.090 City Council Applications:
The following types of development shall be approved, approved with conditions, or denied by
the City Council, pursuant to Section 26.470.11 0, Procedures for Review, and the criteria for
each type of development described below. Except as noted, all growth management
applications shall comply with the General Requirements of Section 26.470.050. Except as
noted, all City Council growth management approvals shall be deducted from the respective
Annual Development Allotments and Development Ceiling Levels.
1. Multi-Year Development Allotment. The City Council, upon a recommendation from the
Planning and Zoning Commission, shall approve, approve with conditions, or deny a multi-year
development allotment request based on the following criteria:
a) The proposed development is considered "exceptional" considering the following
criteria: (Note - A project need not meet all of the following criteria, only enough to
be sufficiently considered "exceptional.")
I. The proposal exceeds the minimum affordable housing required for a standard
project.
2. The proposed project represents an excellent historic preservation
accomplishment. A recommendation from the Historic Preservation Officer
shall be considered for this standard.
3. The proposal furthers affordable housing goals by providing units established
as priority through the current Guidelines of the Aspen/Pitkin County Housing
Authority, and provides a desirable mix of affordable unit types, economic
levels, and lifestyles (e.g. singles, seniors, families, etc.). A recommendation
from the Aspen/Piktin County Housing Authority shall be considered for this
standard.
Ordinance No. 14, Series of2007.
Page 24
4. The proposal mmlmlzes impacts on public infrastructure by incorporating
innovative, energy-saving techniques.
5. The proposal minimizes construction impacts to the extent practicable both
during and after construction.
6. The proposal maximizes potential public transit usage and minimizes reliance
on the automobile.
7. The proposal exceeds minimum requirements of the Efficient Building Code
or for LEEDS certification, as applicable. A recommendation from the
Building Department shall be considered for this standard.
8. The proposal promotes sustainability ofthe local economy.
9. The proposal represents a desirable site plan and an architectural design
solution.
10. The proposed development is compatible with the character of the existing
land uses in the surrounding area and the purpose of the underlying zone
district.
b) The project complies with all other provisions of the Land Use Code and has obtained
all necessary approvals from the Historic Preservation Commission, the Planning and
Zoning Commission, and the City Council, as applicable.
c) The Community Development Director shall be directed to reduce the applicable
Annual Development Allotments, as provided in Section 26.470.030(D), in
subsequent year(s) as determined appropriate by the City Council.
2. Provision of Required Affordable Housing Units Outside City Limits. The provision of
affordable housing, as required by Chapter 26.470, Growth Management, with units to be located
outside the City of Aspen boundary, upon a recommendation from the Planning and Zoning
Commission, shall be approved, approved with conditions, or denied by the City Council based
on the following criteria:
a) The off-site housing is within the Aspen Urban Growth Boundary.
b) The proposal furthers affordable housing goals by providing units established as
priority through the current Guidelines of the Aspen/Pitkin County Housing
Authority, and provides a desirable mix of affordable unit types, economic levels, and
lifestyles (e.g., singles, seniors and families). A recommendation from the
Aspen/Pitkin County Housing Authority shall be considered for this standard.
c) The applicant has received all necessary approvals from the governing body with
jurisdiction of the off-site parcel.
City Council may accept any percentage of a project's total affordable housing mitigation
to be provided through units outside the city's jurisdictional limits, including all or none.
Ordinance No. 14, Series of2007.
Page 25
3. Provision of Required Affordable Housing via a Cash-In-Lieu Payment. The provision
of affordable housing equal to or in excess of one residential unit, as required by Chapter 26.470
- Growth Management, via a cash-in-lieu payment shall be approved, approved with conditions,
or denied by the City Council based on the following criteria:
a) The provision of affordable housing on-site (on the same site as the project requiring
such affordable housing) is impractical given the physical or legal parameters of the
development or of the site or would be inconsistent with the character of the
neighborhood in which the project is being developed.
b) The applicant has made a reasonable good faith effort in pursuit of providing the
required affordable housing off-site through construction of new dwelling units or the
deed restriction of existing dwelling units to affordable housing status.
c) The proposal furthers affordable housing goals and the cash-in-lieu payment will
result in the near-term production of affordable housing units. A recommendation
from the Aspen/Piktin County Housing Authority shall be considered for this
standard.
City Council may accept any percentage of a project's total affordable housing mitigation
to be provided through a cash-in-lieu payment, including all or none. Unless otherwise
required by this Title, the provision of affordable housing via a cash-in-lieu payment for a
fraction of a dwelling unit shall not require City Council approval.
4. Essential Public Facilities. The development of an Essential Public Facility, upon a
recommendation from the Planning and Zoning Commission, shall be approved, approved with
conditions, or denied by the City Council based on the following criteria:
a) The Community Development Director has determined the primary use and/or
structure to be an Essential Public Facility. (See definition.) Accessory uses may also
be part of an Essential Public Facility project.
b) Upon a recommendation from the Community Development Director, the City
Council may assess, waive, or partially waive, affordable housing mitigation
requirements as is deemed appropriate and warranted for the purpose of promoting
civic uses and in consideration of broader community goals. The Employee
Generation Rates may be used as a guideline but each operation shall be analyzed for
its unique employee needs, pursuant to Section 26.470.100 - Calculations.
5. Preservation of Significant Open Space Parcels. On a project specific basis and upon a
recommendation from the Planning and Zoning Commission, the City Council shall approve,
approve with conditions, or deny development of one or more residences in exchange for the
permanent preservation of one or more parcels considered significant for the preservation of
open space. The preservation parcel may lie outside the City of Aspen jurisdiction. The
exempted residential units shall be deducted from the respective Annual Development Allotment
established pursuant to Section 26.470.030.D and the Development Ceiling Levels established
pursuant to Section 26.470.030.C. The exempted residential units shall provide affordable
Ordinance No. 14, Series of2007. Page 26
housing mitigation, pursuant to the requirements of Section 26.470.060.2. This exemption shall
only apply to the specific residences approved through this provision. Other residences within a
project not specifically exempted through this provision shall require growth management
approvals pursuant to this Chapter. The criteria for determining the significance of a
preservation parcel and the associated development rights to be granted may include:
I. The strategic nature of the preservation parcel to facilitate park, trails, or open space
objectives of the City of Aspen. This shall include a recommendation from the City of
Aspen Open Space Acquisition Board.
2. Identification of the preservation parcel as "private land with preservation value" in the
Aspen Area Community Plan or as a parcel desirable for preservation in any other
adopted master plans of the City of Aspen.
3. Proximity and/or visibility ofthe preservation parcel to the City of Aspen.
4. The development rights of the preservation parcel, including the allowed uses and
intensities and impacts associated with those uses if developed to the maximum.
5. The proposed location of the parcel(s) being granted growth management approvals and
the compatibility of the resulting uses and intensities of development with the
surrounding neighborhood, including the impacts from the specified method of providing
affordable housing mitigation. The new residences shall be restricted to the underlying
zoning restrictions of the property on which they lie unless additional restrictions are
necessary in order to meet this criterion.
6. The preservation parcel shall be encumbered with a legal instrument, acceptable to the
City Attorney, which sterilizes the parcel from further development in perpetuity.
26.470.100 Calculations
A. Employee Generation and Mitigation
Whenever employee housing or cash-in-lieu is required to mitigate for employees generated by a
commercial or lodging development, there shall be an analysis and credit for employee
generation of the existing project, prior to redevelopment, and an employee generation analysis
of the proposed development. The employee mitigation requirement shall be based upon the
incremental employee generation difference between the existing development and the proposed
development.
1. Employee Generation:
The following employee generation rates are the result of the Employee Generation
Study, an analysis sponsored by the City of Aspen during the Summer and Fall of 2002
considering the actual employment requirements of over one-hundred (100) Aspen
businesses. This study is available at the Community Development Department.
Employee generation is quantified as full time equivalents (FTEs) per one-thousand
(1,000) square feet of net leasable space or per lodge bedroom.
Ordinance No. 14, Series of2007.
Page 27
Commercial Core (CC)
Commercial (CI)
Neighborhood Commercial (NC)
Commercial Lodge (CL) commercial space
Lodge (L) commercial space
Lodge Preservation (LP) commercial space
Lodge Overlay (LO) commercial space
Ski Base (SKI) Commercial s ace
Mixed-Use (MU
Service Commercial Industrial (SCI)
Public
Lodge Preservation (LP) lodge units
Lodge (L), Commercial Lodge (CL), Ski Base
(SKI), and other zone district lod e units
4.1
3.7
3.5
3.9
.3 er lodging bedroom
.5 per lodging bedroom
This Employee Generation Rate Schedule shall be used to determine employee
generation of projects within the City of Aspen. Each use within a mixed-use building
shall require a separate calculation to be added to the total for the project. For
commercial net leasable space within Basement or Upper Floors, the rates quoted above
shall be reduced by 25% for the purpose of calculating total employee generation. This
reduction shall not apply to lodge units.
For lodging projects with flexible unit configurations, also known as "lock-off units",
each separate "key", or rentable division, shall constitute a unit for the purposes of this
section. Timeshare units and exempt timeshare units are considered lodging projects for
the purposes of determining employee generation.
Applicants may request an Employee Generation Review with the Planning and Zoning
Commission, pursuant to Section 26.470.110, Growth Management Review Procedures,
and according to the following criteria. All Essential Public Facilities shall be reviewed
by the Planning and Zoning Commission to determine employee generation. In
establishing employee generation, the Planning and Zoning Commission shall consider
the following:
a) The expected employee generation of the use considering the employment
generation pattern of the use, or of a similar use within Aspen or similar resort
economy.
b) Any unique employment characteristics of the operation.
8 For the Public Zone District, the study evaluated only office-type public uses and this number should not be
considered typical for other non-office public facilities. Hence, each Essential Public Facility proposal shall be
evaluated for actual employee generation.
Ordinance No. 14, Series of2007. Page 28
c) The extent to which employees of various uses within a mixed-use building, or of
a related off-site operation, will overlap or serve multiple functions.
d) A proposed restriction requiring full employee generation mitigation upon
vacation of the type of business acceptable to the Planning and Zoning
Commission.
e) Any proposed follow-up analyses of the project (e.g. an audit) to confirm actual
employee generation.
f) For Lodge projects only: An efficiency or reduction in the number of employees
required for the lodging component of the project may, at the discretion of the
Commission and as a means of incentivizing a lodge project, be applied as a
credit towards the mitigation requirement of the free-market residential
component of the project. Any approved reduction shall require an audit to
determine actual employee generation after two complete years of operation of
the Lodge.
2. Employees Housed.
Whenever a project provides residential units on- or off-site to satisfy affordable housing
requirements of this section, the following schedule shall be used to determine the
number of employees housed by such units:
Studio
One-bedroom
Two-bedroom
Three-bedroom or larger
Dormitory
E+~oees HOllsed:
1.25
1.75
2.25
3.00, plus .5 per each additional
bedroom.
1.00 employee per one hundred
fifty (150) square feet of net
livable space.
3. Employee Housing Cash-In-Lieu Payment.
Whenever a project provides employee housing via a cash-in-lieu payment, in part or in
total, the amount of the payment shall be in accordance with the applicable provisions of
the Aspen/Pitkin County Housing Authority Guidelines, as amended.
4. Employee/Square Footage Conversion. Whenever an affordable housing
mitigation requirement is required to be converted between a number of employees
requirement and a square footage requirement, regardless of direction, the following
conversion factor shall be used: 1 employee = 400 square feet of Net Livable Area.
Ordinance No. 14, Series of2007.
Page 29
5. Accessory Dwelling Units as Mitigation Units. Accessory Dwelling Units,
approved pursuant to Chapter 26.520 and which are deed restricted as "for-sale"
Category housing and transferred to a qualified purchaser according to the provisions of
the Aspen Pitkin County Housing Authority, shall be considered mitigation units and
attributed to a project's affordable housing provision. ADUs which are not deed
restricted as Category units and are not transferred to qualified purchasers shall not be
considered mitigation units and shall not be attributed to a project's affordable housing
provision.
6. On-Site Housing Serves Multiple Affordable Housing Requirements.
Whenever affordable housing is provided on-site (with actual units) in order to satisfy
one requirement, the same on-site affordable housing may also be used to satisfy any
other affordable housing requirement concurrently. For example: A mixed-use project
may require two affordable housing units to mitigate an increase in commercial employee
generation, and two affordable housing units to mitigate free-market residential
development. In this case, providing two on-site affordable housing units shall satisfy
both requirements concurrently.
Whenever required affordable housing is provided by means other than on-site provision,
such housing, or payment-in-lieu thereof, shall accrue consecutively to individual
requirements and shall not serve requirements concurrently. In the above example,
provision of four units would be required.
26.470.110 Growth Management Review Procedures.
A. General.
I. Number of Develooment Aoolications. No more than one application for growth
management allotments on anyone parcel shall be considered concurrently. To
submit a new application, any active growth management application for the same
property must be vacated.
2. Number of Growth Manaf!ement Allotments. No more than one project shall be
entitled for growth management allotments on anyone parcel concurrently. In order
to entitle a different project on the same parcel, existing growth allotments must be
vacated. (Also see, Amendment of a Growth Management Development Order,
Section 26.470.140.)
3. No Automatic "resubmission" of f!rowth manaf!ement QTJolications. Applications
shall only be eligible for growth allotments within the growth management session in
which they are submitted and shall not automatically become eligible for allotments
in future sessions or future years. Applications must be resubmitted in order to be
eligible for allotments in the next session or next year, as applicable. Resubmission
shall effect a new submission date.
Ordinance No. 14, Series of2007.
Page 30
4. HPC Conceptual Approval ReQuired. Whenever Historic Preservation Commission
approval is needed for a proposed project, the Historic Preservation Commission's
Conceptual approval must be secured prior to submitting an application for a growth
management allotment. Conceptual HPC applications may not be combined with
Growth Management Review.
5. Conceptual PUD or SPA Approval ReQuired. Projects requiring approval of a
Planned Unit Development Plan, pursuant to Chapter 26.445, or Specially Planned
Area approval, pursuant to Chapter 26.440, must first obtain Conceptual PUD or SPA
approval, as applicable, prior to submitting an application for a growth management
allotment. Conceptual PUD or SPA applications may not be combined with Growth
Management Review. Combined Conceptual/Final PUD or SPA applications may
not be combined with Growth management Review.
6. Conceptual Commercial Desifm Review Approval ReQuired. Commercial, Lodging,
and mixed-use projects shall obtain Conceptual Commercial Design Review
approval, pursuant to Section 26.412, prior to submitting an application for growth
management allotment. Conceptual Commercial Design Review applications may
not be combined with Growth Management Review.
7. Subdivision and Other ReQuired Land Use Reviews. Subdivision approval and other
land use review approvals, as applicable, shall be required and may be reviewed
concurrently with review for growth management, pursuant to Section
26.304.060.8.1.
8. No Partial Approvals. In order for a project to gain approval, sufficient allotments
for every element of the project must be obtained. In circumstances where a proposal
requires allotments be granted for various types of uses within the project, the
reviewing body shall not grant approval unless allotments for every type of use are
available. For example: If a proposal requires allotments be granted for free-market
residential units, affordable housing units, and commercial space and there are no
remaining allotments for free-market residential for the year the project shall be
denied. No partial approvals shall be granted. In the above example, the project shall
be denied in total and not granted allotments for the affordable housing units or the
commercial space. Also see multi-year allotments, below.
8. Non-Assifmabilitv of Growth Allotments. Development allotments obtained, pursuant
to this Chapter, shall not be assignable or transferable independent of the conveyance
of the real property on which the development allotment has been approved.
9. Multi-Year Growth Allotments. Projects requiring development allotments in excess
of the Annual Allotment may be granted a multi-year allotment pursuant to Section
26.470.090.1, or may gain allotments over a multi-year period provided that the
allotment gained in anyone year shall not exceed the Annual Allotment.
For example, a project requesting 50,000 square feet of commercial space may
request either a one-time multi-year allotment of 50,000 square feet, or may request
approval in the first year for 25,000 square feet and request approval for the
remaining 25,000 square feet in a subsequent year.
Ordinance No. 14, Series of2007.
Page 31
Gaining allotments in any year shall not guarantee that allotments will be granted in
later years for the same project. Projects requiring a multi-year allotment shall not be
granted a Development Order until all elements of the project have been granted
allotments. If the design of a project changes prior to receiving the full allotment
needed for a Development Order, the reviewing body shall determine if the changes
are acceptable or if the change invalidates the previously granted allotment and
requires a resubmission for allotments. Applications for each year's allotment need
to be submitted and there shall be no preferential status given to a project granted
partial allotment.
Projects that do not require allotments in excess of the annual allotment shall not be
eligible to gain partial allotments. See No Partial Approvals, above.
B. Application Review Procedures - Administrative Review Applications, Minor P&Z
Review Applications, and City Council Review Applications:
1. Armlication Submission Dates. An application for growth management allocation that
qualifies for Administrative Review, Minor Planning and Zoning Commission
Review, or City Council Review, may be submitted to the Community Development
Director on any date ofthe year.
2. Administrative Avvlications. Growth Management applications for Community
Development Director Review shall be submitted to the Community Development
Director who shall based on the applicable standards identified in Section 26.470.060,
approve, approve with conditions, or disapprove the application.
3. Minor Planning and Zoning Commission Applications. Growth Management
applications for Minor Planning and Zoning Commission Review shall be reviewed
by the Community Development Director who shall forward a recommendation to the
Planning and Zoning Commission, based on the applicable standards identified in
Section 26.470.070, that the application be approved, approved with conditions, or
disapproved.
The Planning and Zoning Commission shall review the application according to the
applicable standards, consider the recommendation of the Community Development
Director, and during a public hearing adopt a resolution approving, approving with
conditions, or disapproving the application. Notice of the hearing shall be by
publication, posting, and mailing, pursuant to Section 26.304.060.E.
4. City Council Applications. Growth Management Review applications for City
Council Review shall be submitted to the Community Development Director who
shall forward a recommendation to the Planning and Zoning Commission, based on
the applicable standards identified in Section 26.470.090, that the application be
approved, approved with conditions, or disapproved.
Ordinance No. 14, Series of2007.
Page 32
The Planning and Zoning Commission shall review the application during a public
hearing according to the applicable standards and, by Resolution, recommend to City
Council that the application be approved, approved with conditions, or disapproved.
Notice of the hearing shall be by publication, posting, and mailing, pursuant to
Section 26.304.060.E.
City Council shall review the application according to the applicable standards,
consider the recommendation of the Planning and Zoning Commission, the
recommendation of the Community Development Director, and during a public
hearing adopt an Ordinance approving, approving with conditions, or disapproving
the application. Notice of the hearing shall be by publication, posting, and mailing,
pursuant to Section 26.304.060.E.
City Council Review Applications that require Major Planning and Zoning
Commission Review shall be reviewed pursuant to the process outlined in Section
26.470.1I0.C.
C. Application Review Procedures - Major Planning and Zoning Commission Review
I. Application Submission Dates. An application for growth management allocation that
requires Major Planning and Zoning Commission Review may only be submitted to
the Community Development Director on one of the two application submittal dates -
February 15 or August 15. When the application submittal date falls on a Saturday,
Sunday, or legal holiday, the next business day shall be the application submittal date.
Applications shall only be submitted within the growth management year in which
allocations are requested.
2. Communitv Obiectives Scorinl! and Establishment of the Application Review Order.
Applications for Major Planning and Zoning Commission Growth Management
Review shall be submitted to the Community Development Director on the submittal
dates listed above. The Community Development Director shall review the
applications for completeness and assign a Community Objectives Score to each
application, pursuant to Section 26.470.120 - Community Objectives Scoring
Criteria. The assigned scores shall be used to establish the review order and sequence
to which applications may be granted growth management allocations.
Applications for Major Planning and Zoning Commission Growth Management
Review failing to receive a Minimum Threshold score in anyone of the Community
Objectives scoring classifications, as defined in Section 26.470.120, shall be denied
by the Community Development Director.
The project with the highest Community Objectives Score shall be reviewed first and
shall be the first project eligible for growth management allocations. The second-
highest scoring project shall be reviewed second and shall be the second project
eligible for growth management allocations, and so forth. Applications shall maintain
Ordinance No. 14, Series of2007. Page 33
this assigned order and allocations shall be granted accordingly. After submission,
applications may be modified but only in a manner that does not reduce the project's
total Community Objectives Score.
If projects obtain identical scores, the project with the highest score for Criterion #1
shall be considered to have the higher score. If projects with identical scores also
have identical scores for Criterion # I, a random drawing shall be held to determine
the order in which the projects shall proceed.
3. Armlication Review. After the Community Objectives Scoring is complete and the
review order is established, Growth Management applications for Major Planning and
Zoning Commission Review shall be reviewed by the Community Development
Director who shall forward a recommendation to the Planning and Zoning
Commission, based on the applicable standards identified in Section 26.470.070, that
the application be approved, approved with conditions, or disapproved.
The Planning and Zoning Commission shall review the application and the
recommendation of the Community Development Director during a public hearing
according to the applicable standards and, by resolution, approve, approve with
conditions, or disapprove the application. Notice of the hearing shall be by
publication, posting, and mailing, pursuant to Section 26.304.060.E.
D. Allocation Procedure.
Following approval or approval with conditions, pursuant to the above procedures for review, the
Community Development Director shall issue a Development Order pursuant to Section
26.304.070, Development Orders. Those applicants having received allotments may proceed to
apply for any further development approvals required by this Title or any other regulations of the
City.
E. Expiration of Growth Management Allotments.
Growth Management allotments granted pursuant to this Chapter shall expire on the day after the
third anniversary of the effective date of the development order, pursuant to the terms and
limitations of Section 26.304.070. Expired allotments shall not be considered valid and the
applicant shall be required to re-apply for Growth Management approval. Expired allotments
may be added to the next year's available allotments at the discretion of the City Council,
pursuant to Section 26.470.030.F.
F. Application Contents.
Applications for growth management review shall include the following:
I. The general application information required in Common Procedures, Section 26.304.
2. A Site Improvement Survey depicting:
a) Existing natural and man-made site features.
Ordinance No. 14, Series of2007.
Page 34
b) All legal easements and restrictions.
c) All requirements for Improvement Surveys outlined in the current City
Engineering Department regulations.
3. A description of the project and the number and type of the requested growth
management allotments.
4. A detailed description and site plan of the proposed development including proposed land
uses, densities, natural features, traffic and pedestrian circulation, off-street parking, open
space areas, infrastructure improvements, site drainage, and any associated off-site
improvements.
5. A description of the proposed affordable housing and how it provides adequate
mitigation for the project and conforms to the Guidelines of the Aspen/Pitkin County
Housing Authority.
6. A statement as to how the application should be considered "exceptional" if multi-year
allotments are being requested.
7. A statement specifying the public facilities that will be needed to accommodate the
proposed development, proposed infrastructure improvements, and the specific
assurances will be made to ensure the public facilities will be available to accommodate
the proposed development.
8. A written response to each ofthe Review Criteria for the particular review(s) requested.
9. Copies of required approvals from the Planning and Zoning Commission, Historic
Preservation Commission, and the City Council, as necessary.
10. As applicable, a recommended Community Objective Score according to the scoring
criteria applicable to the type of development as outlined in Section 26.470.120 and a
brief explanation supporting the recommended score.
26.470.120 Community Objective Scoring Criteria
Growth Management Allocation applications for Major Planning and Zoning Commission
Review shall be reviewed in the order of their Community Objectives Score - with the highest
scoring project first, the second highest scoring project second, and so forth. The following
scoring criteria have been established in order to define the City's expectation for new
development and to reward projects that achieve identified community goals.
Projects failing to receive a Minimum Threshold score in anyone of the scoring classifications,
as the term is defined in Section 26.470.120, shall be denied by the Community Development
Director. The following point system shall be used to assign a Community Objectives Score to
each project. The score shall be a summation ofthe individual scores from each of the following
categories. Scores shall be calculated to the nearest integer.
A. Community Obiectives Scorinl!: Criterion #1- Workforce Housinl!:
The community desires a balance between Aspen ~ the Community and Aspen - the Resort. Both
the social fabric of the community and the long-term economic well-being of the resort ares
Ordinance No. 14, Series of2007.
Page 35
reliant on a resource of housing opportunities for local working residents. The Community
Development Director shall assign a score to each project for this objective based on following
point schedule:
Points for the Number of Employees Housed.
One (I) point shall be assigned for each one (I) percent by which a proposal exceeds the
minimum affordable housing requirements of this Chapter, as applicable to the particular
type of development, with actual housing units on-site or off-site.
Depending upon the type of development, affordable housing requirements are either
expressed as a number of units, number of employees to be housed, or as a square footage of
housing to be provided and the score shall be a reflection of the applicable requirement. In
circumstances where a project's affordable housing requirements are a combination of
requirements, the average percent by which a proposal exceeds each requirement shall be
used.
In no case shall cash-in-lieu be used to obtain points for this criterion.
Points for the Size of Affordable Housing Units.
One (I) point shall be assigned for each one (I) percent by which a proposed affordable
housing units exceed the minimum square footage requirements of the Aspen/Pitkin County
Housing Authority Guidelines. In no case shall cash-in-lieu be used to obtain points for this
criterion.
Minimum Threshold Requirement: Proposals with less than the mmlmum required
affordable housing requirement, as requirement pursuant to this Chapter according to the
particular type of development, shall receive a failing score for this criterion and shall be
denied by the Community Development Director. The minimum requirement may be a
combination of on-site units, off-site units, or cash-in-lieu thereof, as such methods are
permitted by this Chapter.
Table 26.470.1 - Examnles for scoring pro.iects on Workforce Housinl! Criterion:
Required Proposed Percentage Score for Comments:
number of number of by which Criterion
employees eDlJ>19~eesJo proposed #1
to be housed be~ollsedby lIn.itsexceed
by . development the minimum
development with actual size
units requirements
This project proposes to
house 3 more employees
Project A 12 15 0 25 than the 12 required.
3/12 = 25% = a score of
25.
Ordinance No. 14, Series of 2007.
Page 36
Required . .P;rQPosed Percentage .. Score fQr Comments:
number of n.umber of by'Whieh Criterion
employees '. employees to proposed #1
to be housed be housed by units exceed
by de'l'~lopmellt the minimum
development With actual size
units . requirements
This project proposes to
house the minimum
number of employees,
Project B 12 12 20 20 but with units than are
20% larger than required.
20% larger = a score of
20.
This project proposes to
house 4 more employees
than the 8 required. And,
Project C 8 12 15 65 the units are also 15%
larger than required. 4/8
= 50% + 15% = a score
of65.
This project proposes to
house one more
employees than the 5
Project D 5 6 30 50 required. And, the units
are also 30% larger than
required. 1/5 = 20% +
30% = a score of 50.
B. Community Obiective Scorine: Criterion #2 - Enerl!V Conservation
The community desires development that minimizes its impact on the natural environment and to
maintain a leadership role in energy conservation and production strategies, efficient building
techniques, and use of materials. The Community Development Director shall assign a score to
each project for this objective based on following point schedule and the most recent version of
the Leadership in Energy and Environmental Design (LEED) standards of the US Green
Building Council:
Points for LEED Certified projects.
LEED Bronze level projects = 10 points.
LEED Silver level projects = 20 points.
LEED Gold level projects = 30 points.
LEED Platinum level projects = 50 points.
Ordinance No. 14, Series of2007.
Page 37
In order for proposals to obtain points for this criterion, an applicant must demonstrate credible
progress towards certification as determined sufficient by the Community Development Director.
It shall not be considered sufficient to merely state a certification level without evidence
supporting progress towards actual certification by the US Green Building Council.
In no event shall a project be relieved of the adopted energy efficiency requirements of the City
of Aspen that are applicable to all development projects.
C. Community Obiective Scorin2 Criterion #3 - Small Lod2es
Aspen's small lodges provide a lodging experience that is becoming increasingly unique in
mountain resorts. Refurbishment, expansion, and redevelopment of small lodges and lodges
with small units are increasingly challenging. In order to sustain the continued existence of these
lodges, the following points are available to projects in the Lodge Preservation Overlay (LP)
Zone District and projects with lodge units that average 400 square feet or less. The Community
Development Director shall assign a score to each lodging project for this objective based on
following point schedule:
Points for Lodge Preservation Projects.
Fifteen (15) points shall be assigned to lodging projects located in the Lodge Preservation
Overlay (LP) Zone District. For projects in the LP District that do not have a lodging
component, no points shall be assigned.
Points for Small Lodging Units.
Fifteen (15) points shall be assigned for lodging projects with lodge units that average
400 square feet or less. For lodging projects that provide lodging units averaging greater
than 400 square feet, no points shall be assigned.
For projects that qualify for both categories of points (a lodging project in the LP District
with lodge units averaging 400 square feet or less), thirty (30) points shall be assigned.
D. Community Obiective Scorinl!: Criterion #4 - Community Commercial
This section is reserved for a future community objective.
26.470.130 Reconstruction Limitations
A. An applicant may propose to demolish and then delay the reconstruction of existing
development for a period not to exceed one (I) year. To comply with this limitation, and
maintain the reconstruction credit, an applicant must submit a complete building permit
application for reconstruction on or before the one-year anniversary of the issuance date of the
demolition permit. City Council may extend this deadline upon demonstration of good cause.
This time limitation shall not apply to the reconstruction of single-family and duplex
development.
Ordinance No. 14, Series of2007.
Page 38
B. Applicants shall verify existing conditions prior to demolition with the City of Aspen
Zoning Officer in order to document reconstruction rights. An applicant's failure to accurately
document existing conditions prior to demolition and verify reconstruction rights with the City of
Aspen Zoning Officer may result in a loss of some or all of the reconstruction rights.
C. Reconstructed buildings shall comply with applicable requirements of the Land Use
Code, including but not limited to Section 26.312, Nonconformities, and Section 26.710, Zone
Districts.
D. Reconstruction rights shall be limited to reconstruction on the same parcel or on an
adjacent parcel under the same ownership.
E. Residential redevelopment credits may be converted to lodge redevelopment credits by
the Community Development Director. The conversion rate shall be three (3) lodge units per
each one (I) residential unit.
26.470.140 Amendment of a Growth Management Development Order.
A. Insubstantial Amendment. An insubstantial amendment to an approved growth
management development order may be authorized by the Community Development Director if:
I. The change conforms to all other provisions of the Land Use Code and does not exceed
approved variations to the Residential Design Standards, require an amendment to the
Commercial Design Review approval, or such variations or amendments have been
approved.
2. The change does not alter the number, size, type or deed restriction of the proposed
affordable housing units or those changes have been accepted by the Aspen/Pitkin
County Housing Authority.
3. The change is limited to technical or engineering considerations discovered prior to or
during actual development that could not reasonably be anticipated during the review
process, or any other minor change that the Community Development Director finds has
no substantial effect on the conditions and representations made during the original
project review.
B. Substantial Amendment. All other amendments to an approved growth management
development order shall be reviewed pursuant to the terms and procedures of this Chapter.
Allotments granted shall remain valid and applied to the amended application, provided the
amendment application is submitted prior to the expiration of vested rights. Amendment
applications requiring additional allotments, or allotments for different uses, shall obtain those
allotments pursuant to the procedures of this Chapter.
Ordinance No. 14, Series of2007.
Page 39
26.470.150 Appeals.
A. Appeals of Community Objectives Scoring. An applicant aggrieved by the Community
Objectives Score assigned to their project by the Community Development Director may appeal
the decision to the Planning and Zoning Commission, pursuant to the procedures and standards
of Section 26.316, Appeals. The Planning and Zoning Commission may uphold the scoring,
remand the scoring to the Community Development Director for rescoring with or without
direction on particular scores, or may choose to rescore the project. The Planning and Zoning
Commission decision shall be the final administrative action on the matter.
Upon appeal of any project's scoring, the Community Development Director shall not process
any application for growth management allotment within the same development category until
the appeal is concluded and the final review order is established.
B. Appeal of adverse determination by the Community Development Director. An
appeal made by an applicant aggrieved by a determination made by the Community
Development Director on an application for administrative review shall be to the Planning and
Zoning Commission. The appeal procedures set forth at Chapter 26.316 shall apply. The
Planning and Zoning Commission may reverse, affirm, or modify the decision or determination
of the Community Development Director based upon the application submitted to the
Community Development Director and the record established by the Director's review. The
decision of the Planning and Zoning Commission shall constitute the final administrative action
on the matter.
C. Appeal of adverse determination by the Planning and Zoning Commission. An
appeal made by an applicant aggrieved by a determination made by the Planning and Zoning
Commission on an application for Planning and Zoning Commission Review shall be to the City
Council. The appeal procedures set forth at Chapter 26.316 shall apply. The City Council may
reverse, affirm, or modify the decision or determination of the Planning and Zoning Commission
based upon the application submitted to the Planning and Zoning Commission and the record
established by the Commission's review. The decision of the City Council shall constitute the
final administrative action on the matter.
D. Insufficient Development Allotments. Any property owner within the City of Aspen
who is prevented from developing a property because that year's development allotments have
been entirely allocated may appeal to the City Council for development approval. An
application requesting allotments must first be denied due to lack of necessary allotments. The
appeal procedures set forth at Chapter 26.316 shall apply. City Council may take any such action
determined necessary including, but not limited to, making a one-time increase of the annual
development allotment sufficient to accommodate the application.
Section 2: 2007 Growth Manal!ement Allotments and Pendinl! Applications.
Remaining allotments available to be granted in the 2007 growth management year are as
follows: 13 free-market residential units, 19,556 net leasable commercial space, and 112
lodging pillows. If pending land use applications are denied, the requested allotments from
those applications shall be added to the remaining allotments for the 2007 growth
Ordinance No. 14, Series of2007. Page 40
management year. Affordable housing and essential public facilities are not limited by an
annual quota.
Section 3:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
Section 5:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 6:
A public hearing on the Ordinance shall be held on the 23rd day of April, 2007, at 5:00 p.m.
in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to
which hearing a public notice of the same was published in a newspaper of general
circulation within the City of Aspen.
Section 7:
This ordinance shall become effective thirty (30) days following final adoption.
[signatures on following page]
Ordinance No. 14, Series of2007.
Page 41
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 9th day of April, 2007.
Attest:
~- ,A"'-
uelen K. Kl r d, Mayor
FINALLY, adopted, passed and approved this 22nd day of May, 2007.
Attest:
Approved as to form:
~~/.q-o-
ttom y
Ordinance No. 14, Series of2007.
Page 42