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HomeMy WebLinkAboutordinance.council.048-81RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. (Series of 1981) AN ORDINANCE AMENDING SECTIONS 24-11.5, 24-il.7(b), 24-1i.10 and 24-11.3(d) OF THE MUNICIPAL CODE OF THE CITY OF ASPEN BY THE MODIFICATION OF THE SCORING SYSTEM FOR THE OFFICE AND COMMERCIAL GMP COMPETITION, BY THE ADDITION OF CRITERIA FOR THE DETERMINATION OF WHETHER AN APPLICANT HAS DEVIATED SUBSTANTIALLY FROM THE ORIGINAL GMP PROPOSAL AND BY IMPLEMENTING OTHER PROCEDURAL CHANGES TO THE GROWTH MANAGEMENT QUOTA SYSTEM WHEREAS, by Resolution No. 81-8, the Planning and Zoning Commission has recommended to the City Council that the zoning regulations be amended so as to modify the scoring system for the GMP process to more accurately reflect current policies of the City of Aspen and to meet administrative problems which have developed since the implementation of the Growth Management Quota System; and WHEREAS, by Resolution No. 81-8, the Planning and Zoning Commission has recommended that so as to be fair and equitable to ail applicants~ only a limited set of all the contemplated amend- ments be adopted prior to the submission deadline for this year's competition and that the submission deadline for commercial pro- jects for this year only be changed to October i~ 198i; and WHEREAS, the City Council desires to accept the recommenda- tions of the Planning and Zoning Cor~ission as set forth in Reso- lution No. 81-8 and amend Sections 24-11.5, 24-il.7(b), 24-11.10 and 24-11.3(d) of the Municipal Code of the City of Aspen by the modification o~ the scoring system for the office and commercial GMP competition, by the addition of criteria for the determination of whether an applicant has deviated substantially from the origi- nal GMP proposal and by implementing other procedural changes to the Growth Management Quota System. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO; FORM 5a C, F. HOECKEL B. B. & L, CO. RECORD OF PROCEEDINGS 100 Leaves Section 1 That Section 24-il.5 of the Municipal Code of the City of Aspen entitled "Commercial and Office Development Application Procedures" be and the same is hereby repealed and reenacted as follows: Sec. 24-11.5 Commercial and office development application procedures. No development of commercial or office space within the CC and C-1 zone districts except office and commercial develop- ment exempted pursuant to Section 24-il.2, shall occur until the proposed development shall have received a development allotment pursuant to the following procedures: (a) All applicants for commercial and office allotments shall file with the city planning office, on or before September 1st of each year, a completed application which shall be submitted with the following maps, docu- ments and information: A written description of the proposed development including co~unents as to: (aa) Type of water system to be used including information on main size and pressure and, if public, the excess capacity available from such public system; the iocatlon of the near- est main; the estimated water demand of the building. (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 waters. (dd) Total development area including lot coverage, internal square footage, and areas devoted to open space or landscaping. (ee) Estimated traffic count increases 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 dis incentive techniques incorporated into the proposed development. (ff) Ail proposed uses for the structure identify- ing not only anticipated initial users but all RECORD OF PROCEEDINGS 100 Leaves (b) uses that potentially may be made of the building (description by category is suffi- cient) without substantial building changes. (gg) Effects o~ the proposed development on adja- cent uses and land uses in the vicinity of the project. (hh) The proposed construction schedule including, if applicable, a schedule for phasing con- struction. (2) (ii) The applicant's proposal to house employees which are generated as a result of the commer- cial development. A site utilization map including: (aa) Preliminary architectural drawings in suffi- cient detail to show building size, height, material, insulation, fireplaces or solar devices (demonstrating energy conservation or solar energy utilization features), type of commercial spaces or units, and location of all buildings (existing and proposed) on the development site. (bb) Proposed landscaping, screening~ attempts at preserving natural terrain and open space, and undergrounding of utilities. (cc) Motor vehicle circulation, parking, bus and transit stops and improvements proposed to insure privacy from such areas. (dd) Any major street or road links to school sites, pathways, foot, bicycle or equestrian trails, greenbelts. (ee) General description of surrounding existing land uses and identification of zon%ng or historic district boundary lines, if any. The planning office shall evaluate all development allotment applications during the early weeks of Sep- tember, re3ect those that are ineligible under section 24-11.3(c) and present its recommendations to the plan- ning and zoning co~m~ission no later than october 1st of each year or at the commission's first regular meeting subsequent to that date. The planning and zoning com- mission shall review all applications taking into con- sideration the following criteria and Point schedule with respect to each of the following areas of concern. Quality of design (exclusive of historic features) (maximum 18 points). The cormnission sha!1 conSider each application with respect to the quality of its exterior and site design and shall rate each devel- opment by assigning points according to the follow- lng formula; FORM 50 C.F. HOECXEL B. B. 8( L. CO, RECORD OF PROCEEDINGS 100 Leaves 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 foliowlng features 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- Dor lng developments. 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 arrange- ment of improvements for efficiency of circu- lation (including access for service vehicles) and increased safety and privacy. (cc) Energy (maximum 3 points) considering the use of insulation, passive solar orientation, solar energy devices and efficient fireplaces and heating and cooling devices to maximize conservation of energy and use of solar energy sources · (dd) Amenities (maximum 3 points) considering the provision of usable open space and pedestrian and bicycle ways. (ee) Visual impact (maximum 3 points) considering the scale and location of buildings to maxi- mize public views of surrounding scenic areas · (ff) Trash and utility access areas (maximum 3 points) considering the quality and efficiency of proposed trash and utility access areas which are required by section 24-3.4 (Area and Bulk Requirements) and 24-3.7(h)(4) (Miscel- laneous Provisions). An applicant who pro- poses a reduction from these requirements must secure special review approval from the plan- ning and zoning conm~ission under the provi- sions of section 24-3.5 prior to submission of an application for a development allotment under the provisions of this Article· (2) Community con~nercial uses (maximum 6 points). The con, isa ion shall cons ider~ with respect to construction of commercial and office space within the CC and C-1 z°ne districts' the uses which are to occupy the development and the extent to which the development will house its employees on or off site. The commission shall evaluate the prObabil- ity of its supplying commercial and office uses and housing to satisfy the needs of the residents of the community as opposed to being designed to 4 fORM 5O C.F. HOECKEL B. B. 8~ L. co. RECORD OF PROCEEDINGS 100 Leaves (3) (4) accommodate the area's tourist needs and shall assign points according to the following formula: 0 -- indicates a project totally lacking in any housing or uses directed to supplying needs of local residents I -- indicates a project with its main emphasis on supplying tourist services with little or no on- or off-site housing 2 -- indicates a project with housing and uses that will be relied on by Doth the tourist and residentiai populations 3 -- indicates a pro]ect which is designed almost exclusively to satisfy the needs of the com- munity's residential population with only incidental tourist use and no tourist housing anticipated The following uses shall be rated accordingly: (aa) Employee housing (maximum 3 points) consider- lng the extent to which the project supplies housing for employees generated by the pro- posed corm~ercial uses. (bb) Medical and other service needs (maximum 3 points) considering the extent to which the project supplies medical, dental and similar professional office space; as well as banking, appliance supplies and repair, grocery, hard- ware, drug store, laundry, and similar uses designed and intended to serve the routine trade and service needs of the community. Applicant's previous performance (maximum minus five points) (aa) Any applicant who has been awarded a ~deve!op- ment allocation during a previous conuuercial competition and who, within two years from the date of submission of that application, has not submitted plans to the building department sufficient for the issuance of a building permit, shall receive up to minus five (-5) points unless the applicant demonstrates that for reasons of unusual hardship, such submis- sion has not been possible. Bonus points (maximum 5 points) (aa) The commission members may, when any one determines that a project has not only incor- porated and met the Substantive criteria of sections 24-11.5(b)(1), (2) and (3)~ but has also exceeded the provisions of thes9 sections and achieved an outstanding overall design meriting recognition, award additional points not exceeding twenty percent (20%)of the 5 FORM 50 C.F. HOECK£L B. B, & L. CO, RECORD OF PROCEEDINGS 100 Leaves (c) (d) (e) (f) (g) (h) total points awarded under sections 24- ll.5(b)(1), (2) and (3). Any commission member awarding bonus points shall provide a written 3ustification of that award for the public hearing record. The commission shall consider all eligible applications at a public hearing at the close of which each member of the commission shall identify the number of points assigned by him under each of the criteria outlined in section 24-11.5(b)(1) , (2) , (3) and (4). The 'total num- ber of points awarded by all members, divided by the number of members voting, shall constitute the total points awarded to the project. Any project not receIv- ing a minimum of sixty percent (60%) of the total points available under section 24-ii.5(b)(i) and (2), or a min- imum of thirty percent (30%) of the points available under each of section 24-11.5(b)(1) and (2), shall no longer be considered for a development allotment and the application shall be considered denied. Ail pro3ects shall be ranked according to the total points received (highest to lowest) and the ranking thus established by the co~uission shall be forwarded to the city council on or before November 1st of each year. 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 of the applications. Any challenges must be filed with the Planning Office within fourteen (14) days of the date of the public hearing by the Planning and Zoning Commission. Subsequent to the conclusion of all protest hearings provided for in this section, during' which the city council may amend the number of points awarded to any protesting applicant, the city council shall by resolu- tion and prior to December 1st of each year, allocate development allotments among eligible applicants in 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 other regulations of the city. Unallocated allotments shall be carried over to the following year for possible distribution at that (or a later) time. No applicant shall, after submission of his application pursuant to section 24-11.5(a) amend, modify or change his application except in substantial part and for pur- poses of clarification or technical correction only. The standards of section 24-11.7(b) Shall det%rmine whether or not a change is deemed to be insUbStan- rial. Applicants for commercial development in the CC and C-1 zone districts who propose to provide off-site employee housing, as permitted in SectiOn (2) above, may use the 6 FORt~ S~ ~. F. HOECK£L B. B. & L. CO, RECORD OF PROCEEDINGS 100 Leaves square footage of the employee housing pro]ects as the basis of a speical review to increase the FAR for the commercial site to the maximum commercial square footage allowaDle by the code in that zone district. Section 2 That Section 24-11.7(b) of the Municipal Code of the City of Aspen entitled "Rescinded and Expired Permits" be and the same is hereby repealed and reenacted as follows: (b) Should an applicant previously awarded a development allotment deviate from any essential element of his proposai~ or fail to satisfy any material condition imposed on the allotment received, or fail to comply with the development schedule submitted with his appli- cation, the planning office shall notify the Planning and zoning commission, which may, after hearing, recom- mend to city council that ail or any part of the allot- ment be rescinded. The criteria for determination of when an application has deviated substantially from the original GMP proposal shall include the following: - Any change which would potentially alter the points originally awarded during the GMP scoring; - Any change from the approved architecture and site design of the project; - Any change in the number, size and type of employee units; and - Any modification to the type and level of physical services and facilities of the project. Should a change in an approved application fall within any of these criteria~ the planning and zoning commis- sion shall hold a public hearing to determine the appro- priateness of the amendment to the original plan. The piann~ng and zoning commission shall rescore the origi- nal application in order to determine whether~ - the applicant would no gonger meet the minimum thresh- hold he must achieve in each category or for all cate- gories to receive an allocation; or - the applicant's position relative to the other appli- cant's during the competition would have changed. Should either of the above two conditions De met, the commission shall make a reco~'Lendation to th'e city coun- cil as to whether the applicant's allocation should be rescinded. Should the above conditions not be met, the commission shall make a recommendation to th'e city coun- cil as to the appropriateness of 'the amendments to the original proposal and any further conditions of approval which the applicant shall meet. 7 FORM 50 C, F. HO£CKEL B. B. & L, CO, RECORD OF PROCEEDINGS 100 Leaves Sect ion 3 That Section 24-1i.10 of the Municipal Code of the City of Aspen entitled "Employee Housing" be and the same is hereby repealed and reenacted as follows: Sec. 24-11.10. Employee housing- Low, moderate and middle income housing units approved under the provisions of section 24-11.4(b)(3), 24-11.5(b)(3) and 24-1i.6(b) (6), shall be allowed in addition to those housin9 units authorized by section 24-1i.i(a) above. Section 4 That Section 24-1i.3(d) of the Municipal Code of the City of Aspen entitled "General Provisions'' be and the same is hereby repealed and reenacted as follows; (d) In the event historic preservation committee (HPC) approval is needed for any proposed project, the commit- tee's conceptual approval must be secured prior to sub- mitting an application for a development allotment under the provisions of this article. However, the applicant shall be required to secure final approval of the project from the committee prior to submission of an application for a building permit. Section 5 Be it further ordained Dy the City Council of the City of Aspen that for the purposes of this year's office and commercial GMP competition only, the submission deadline for applications shall be October 1, 1981. Section 6 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application of the ordinance which can De given effect without the invalid provision or appli- cation, and to this end the provisions of this ordinance are declared to be severable. Section 7 That a public hearing be held on this ordinance on the~/~ 13.~/~/~/, 1981, at 5:00 P.M. in day o~ the City Council Chambers, Aspen City Hall, Aspen, Colorado, FORM ~) C.F. HOECKEL B. B. & L. CO, RECORD OF PROCEEDINGS 100 Leaves fifteen (±5) days prior to which hearing notice of the same shall be published once within a newspaper of general circulation within the City. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held at the City of Aspen on 1981. ~TTEST; --~ ':' ~ ' FINALLY adopted, passed and approved on the. .,~.,},-c~-.j , 1981. ~rman ~de~ i ATTEST Kathr~"~i~, City Clerk day of 9 FORM 50 C.F. HOECKEL Bo B. & L, CO. RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ) ss COUNTY OP PITKIN ) CE RT IF ICATE 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~uncil of the City of Aspen on ~~Z~ /~ , 19 and published in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of , 19 ..... and was finally adopted and approved at a regular meeting of the City Council on ~~ /~_, 19 _~,~, and ordered Published as Ordinance No. ~ _, Series of 19.~ of said City, as --? provided by law. IN WITNESS WHEREOF, i have hereunto set my hand and the seal of said City of Aspen, Colorado, this day of _~~~' , 19 ~t SEAL Deputy City Clerk