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HomeMy WebLinkAboutordinance.council.027-82 RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ (Series of 1982) AN ORDINANCE REPEALING AND REENACTING SECTION 24-11.6 OF THE MUNICIPAL CODE OF TEE CITY OF ASPEN SO AS TO REVISE THE PROCEDURES FOR SCORING LODGE GMP APPLICATIONS; AND REPEALING AND REENACTING SECTION 19-98 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN SO AS TO REQUIRE SIDEWALK, CURB AND GUTTER IN THE L-1 and L-2 ZONES WHEREAS, the Planning Office has been engaged in an update of the Growth Management Plan since June 1, 1981, and has worked with the Planning Commission and City Council to revise the Growth Man- agement Quota System, including the method of scoring and adminis- tering GMP applications; and WHEREAS, by Resolution No. 82-5, the Planning and Zoning Com- mission has recommended to the City Council that the zoning regu- lations be amended so as to modify the scoring system for the lodge GMP competition process as set forth therein; and WHEREAS, the City Council desires to accept and implement the recommendations of the Planning Commission by revising the proce- dures for scoring lodge GMP applications. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 24-11.6 of the Municipal Code of the City of Aspen entitled "Lodge Development Application Procedures" be and the same is hereby repealed and reenacted as follows: "Sec. 24-11.6. Lodge development application procedures. The following procedures shall govern the award of develop- ment allotments for lodges: (a) Applicants shall file a complete application with the city planning office, on or before September 1st of each year, which application shall included the following: (1) A written description of the proposed development · including comments as to: RECORD OF PROCEEDINGS 100 Leaves (aa) Type of water system to be used and including information on main size and pressure and, if public, the excess capacity available for such public system; the location of the nearest main; proposed facilities necessary to provide fire protection including fire hydrants and water storage tanks. (bb) Type of sewage treatment system to be used and, if public, the existing excess capacity available from such public system; the loca- tion of the nearest trunk or connecting sewer line; the estimated sewer demand of the build- ing. (cc) Type of drainage system proposed to handle surface, underground and runoff water. (dd) Total development area including lot coverage, internal square footage, and areas devoted to open space or landscaping. (ee) Estimated traffic count increase on adjacent streets resulting from the proposed develop- ment; total number of vehicles expected to use or be stationed in the proposed buildings; hours of principal daily usage; on and off street parking to be supplied; location of alternate transit means (bus route, bike paths, etc.); any auto disincentive techniques incorporated into the proposed development. (ff) Effects of the proposed development on adja- cent land uses in the vicinity of the pro- ject. (gg) The proposed construction schedule including, if applicable, a schedule for phasing con- struction. (2) A site utilization map including: (aa) Preliminary architectural drawings in suffi- cient detail to show building size, height, material, insulation, fireplaces or solar energy devices (demonstrating energy conserva- tion or solar energy utilization features), type of commercial spaces or units, and loca- tion of all buildings (existing and proposed) on the development site. (bb) Proposed landscaping, screening, attempts at preserving natural terrain and open space, and undergrounding of utilities. (cc) Motor vehicle circulation, parking, bus and transit stops and improvements proposed to insure privacy from such areas. RECORD OF PROCEEDINGS 100 Leaves (dd) Any major street or road links and school sites, pathways, foot, bicycle or equestrian trails, greenbelts. (ee) General description of surrounding existing land uses and identification of zoning or his- torical district boundary lines, if any. (b) The planning office shall evaluate all development allotment applications during the early weeks of Septem- ber, reject those that are ineligible under section 24- 11.3(c) and present its recommendations at the planning and zoning commission no later than October 1st of each year or at the commission's first regular meeting subse- quent to that date. The planning and zoning commission shall review all applications taking into consideration the following criteria and point schedule with respect to each of the following areas of concern: (1) Availability of public facilities and services (maximum 10 points). The commission shall consider each application with respect to its impact upon public facilities and services and shall rate each development by assigning points according to the following formula: 0 -- Project requires the provision of new services at increased public expense. 1 -- Project can be handled by the existing level of service in the area or any service improve- ment by the applicant benefits the project only and not the area in general. 2 -- Project in and of itself improves the quality of service in a given area. The following services shall be rated accordingly: (aa) Water (maximum 2 points) considering the abil- ity of the water system to serve the develop- ment, and if a public system, the applicant's commitment to finance any system extensions or treatment plant upgrading required to serve the development. If a private system, con- sidering the capacity and reliability of the system being proposed and the demonstration of availability of water rights to serve the development. (bb) Sewer (maximum 2 points) considering the abil- ity of the sewer system to serve the develop- ment, and if a public system, the applicant's commitment to finance any system extensions or treatment plant upgrading required to serve the development. If a private system, con- sidering the capacity and reliability of the system being proposed. (cc) Storm drainage (maximum 2 points) considering the degree to which the applicant proposes to 3 RECORD OF PROCEEDINGS 100 Leaves retain surface runoff on the development site. If the development requires use of the city's drainage system, considering the commitment by the applicant to install the necessary drain- age control facilities and to maintain the system over the long term. (dd) Fire protection (maximum 2 points) considering the ability of the fire department of the fire protection district to provide fire protection according to the established response stan- dards of the district without the necessity of establishing a new station or requiring addi- tion of major equipment to an existing sta- tion; the adequacy of available water pressure and capacity for providing fire fighting flows; and the commitment of the applicant to provide fire protection facilities which may be necessary to serve the project, including, but not limited to, fire hydrants and water storage tanks. (ee) Roads (maximum 2 points) considering the capa- city of major linkages of the road network to provide for the needs of the proposed develop- ment without substantially altering the exist- ing traffic patterns, creating safety hazards or overloading the existing street system; and the applicant's commitment to finance the necessary road system improvements to serve the increased usage attributable to the devel- opment. (2) Quality of design (maximum 15 points). The commis- sion shall consider each application with respect to the quality of its exterior and site design and shall rate each development by assigning points according to the following formula: 0 -- Indicates a totally deficient design. 1 -- Indicates a major design flaw. 2 -- Indicates an acceptable (but standard) design. 3 -- Indicates an excellent design. The following shall be rated accordingly: (aa) Architectural design (maximum 3 points) con- sidering the compatibility of the proposed building (in terms of size, height, location and building materials) with existing neigh- borhood developments. (bb) Site design (maximum 3 points) considering the quality and character of the proposed land- scaping and open space areas, the extent of undergrounding of utilities, and the provision of pedestrian amenities (paths, benches, etc.) to enhance the design of the development and to provide for the safety and privacy of the users of the development. RECORD OF PROCEEDINGS 100 Leaves (CC) Energy conservation (maximum 3 points) con- sidering the use of insulation, solar energy devices, passive solar orientation and similar techniques to maximize conservation of energy and use of solar energy sources. (dd) Parking and circulation (maximum 3 points) considering the quality and efficiency of the internal circulation and parking system for the project, including the proposed trash and vehicle access and loading areas and the design features to screen parking from public views. (ee) Visual impact (maximum 3 points) considering the scale and location of the proposed build- ings to maximize public views of surrounding scenic areas. (3) Amenities provided for guests (maximum 9 points). The commission shall consider each application with respect to the quality and spaciousness of its pro- posed services for guests as compared to the over- all size of the proposed lodging project. The com- mission shall rate each development by assigning points according to the following formula: 0 -- Indicates a total lack of guest amenities. 1 -- Indicates services which are judged to be deficient in terms of quality or spacious- ness. 2 -- Indicates services which are judged to be ade- quate in terms of quality and spaciousness. 3 -- Indicates services which are judged to be exceptional in terms of quality and spacious- ness. The following shall be rated accordingly: (aa) Availability of on-site common meeting areas such as lobbies and conference areas in rela- tion to the overall size of the proposed lodg- ing project (maximum 3 points). (bb) Availability of on-site dining facilities, including any restaurants, bars and banquet facilities in relation to the overall size of the proposed lodging project (maximum 3 points). (cc) Availability of on-site accessory recreational facilities, such as health clubs, pools and other active areas in relation to the overall size of the proposed lodging project (maximum 3 points). (4) Conformance to local public policy goals (maximum 20 points). The commission shall consider each application and its degree of conformity with local planning policies, as follows: 5 RECORD OF PROCEEDINGS 100 Leaves (aa) Provision of employee housing (maximum 15 points). The commission shall award points as follows: 0 to 50% of lodge employees housed on or off site -- 1 point for each 10% housed. 51 to 100% of lodge employees housed on or off site -- 1 point for each 5% housed. The applicanb shall provide the planning office with a detailed list of all employees required to serve the project as documentation for the claim as to the percentage of em- ployees housed on site. The planning office, upon reasonable request, may advise the appli- cant, prior to the deadline for submission of applications, of the number of employees the project is expected to generate, based on the size of the proposed lodge. (5) Bonus points (maximum 5 points). The commission members may, when any one shall determine that a project has exceeded the substantive criteria set forth above and achieved an outstanding overall design meriting recognition, award additional bonus points not exceeding ten percent (10%) of the total points awarded under those sections. (c) The commission shall consider all eligible applications at a public hearing at the close of which each member of the commission shall identify the number of points assigned by him under each of the criteria outlined in section 24-11.6(b)(1), (2), (3), (4) and (5), after having multiplied the number of points assigned under each of the following sections by the corresponding multiplier: Points Section Multiplier Available 24-11.6(b)(1)(aa) (Water - 2 points 1 2 24-11.6(b) 1)(bb) (Sewer - 2 points 1 2 24-11.6(b) 1)(cc) (Storm drainage - 2 points 1 2 24-11.6(b) 1)(dd) (Fire pro- tection - 2 points) 1 2 24-11.6(b)(1)(ee) (Roads - 2 points) 1 2 24-11.6(b)(2)(aa) (Architectural design - 3 points) 3 9 24-11.6(b)(2)(bb) (Site design - 3 points) 3 9 24-11.6(b)(2)(cc) (Energy con- servation - 3 points) 1 3 24-11.6(b)(2)(dd) (Parking and circulation - 3 points) 3 9 24-11.6(b)(2)(ee) (Visual impact - 3 points) 3 9 24-11.6(b)(3)(aa) (Common meeting areas - 3 points) ' 6 RECORD OF PROCEEDINGS 100 Leaves 24-11.6(b)(3)(bb) (Dining facilities - 3 points) 2 6 24-11.6(b)(3)(cc) (Recreational facilities - 3 points) 2 6 24-11.6(b)(4)(aa) (Employee housing - 15 points) 1 15 24-11.6(b)(5) (Bonus points - 5 points) 1 5 Total 90 Any project not receiving a minimum of sixty (60) per cent of the total points available under section 24- 11.5(b)(I), (2), (3) and (4) shall no longer be con- sidered for a development allotment and the application shall be considered denied. (d) All projects shall be ranked according to the total points awarded by each commission member. The ranking shall establish the project each commission member scored as first, second, third and so on. The project which receives the lowest total ranking by all commis- sion members shall be deemed the first priority project, while the project which receives the next lowest total ranking by all commission members shall be deemed the second priority project and so on. The ranking thus established by the commission shall be forwarded to the city council on or before November 1st of each year. In the event of ties as to the overall ranking, those pro- jects tying shall then be ranked according to the total points received (highest to lowest) and the ranking thus established by the commission shall be forwarded to the city council on or before November 1st of each year. (e) Having received the commission's report, the city coun- cil shall consider any challenges thereto by applicants; provided, however, that the city council review shall be limited to determining whether there was a denial of due process or abuse of discretion by the commission in its scoring. Any challenges must be filed with the planning office within fourteen (14) days of the date of the pub- lic hearing by the planning and zoning commission. (f) Subsequent to the conclusion of all protest hearings provided for in this section, during which the city council may amend the number of points awarded to any protesting applicant, the city council shall by resolu- tion and prior to December 1st of each year, allocate the order of priority established by their rank. Those applicants having received allotments may proceed to apply for any further development approvals required by the zoning, building or any other regulations of the city. Unallocated allotments may be carried over to the following year for possible distribution at that (or a later) time. (g) No applicant shall, after submission of his application pursuant to section 24-11.6(a) amend, modify or change his application except in insubstantial part and for L7 RECORD OF PROCEEDINGS 100 Leaves -,~'-poses of clarification or technical correction only. The standards of section 24-11.7(b) shall determine whether or not a change is deemed insubstantial. (h) The procedural deadlines established in this section 24-11.6 may be modified by the Aspen City Council for the year 1982 in the event that they are unworkable given the effective date of this article. Section 2 That Section 19-98 of the Municipal Code of the City of Aspen entitled "Construction of Sidewalk, Curb and Gutter Required for all New Construction in Certain Districts" be and the same is hereby repealed and reenacted as follows: "Sec. 19-98. Construction of sidewalk, curb and gutter required for all new construction in certain districts. The building inspector shall not issue a certificate of occu- pancy for any new construction in the CC, C1, NC, L-l, L-2 and CL zone districts or other area as designated on the adopted sidewalk, curb and gutter plan unless sidewalk, curb and gutter has been constructed in the right-of-way adjoining the building site." Section 3 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 4 A public hearing on the ordinance shall be held on the~~ day of /~~-~/ , 1982, at 5:00 P.M. in the City co~ers, Aspen City Hall, Aspen, Colorado, 15 days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen on the ~ day of , 1982. 8 RECORD OF PROCEEDINGS 100 Leaves He.an Edel. Mayor ATTEST: 6h. City Clerk FINALLY adopted, passed and approved this~day of ~. Mayor ATTEST: City Clerk 9 RECORD OF PROCEEDINGS 100 Leaves , STATE OF COLORADO ) ;CERTIFICATE ) ss COUNTY OF PITKIN ) I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify-that the above and foregoing ordinance was introduced, read in full, and passed on ~ reading at a regular meeting of the City Council of the City of Aspen c~n ~ ~ , 19F~., and published in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspe~n, Colorado~ in its issue of ~ / , 1.gf~ and was finally adopte and approved at a regular ~ ~ meeting of tke City Council on ~~~Ordi ~ ' 19F~ ofand ordered~ ofpUblishedsaid as No. ~ , Series 1~, City, as provided by law. IN'WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this ~ SEAL ,L ? Deputy City Clerk