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HomeMy WebLinkAboutordinance.council.049-81F(R_ ~ ~....._~_M ~6 C.F. HOECK£L B. B. & -. CO, RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ (Series of 1981) AN ORDINANCE AMENDING SECTION 24-11.5 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN BY THE EXPANSION OF THE COVERAGE OF ZONE DISTRICTS INCLUDED WITHIN THE OFFICE AND COMMERCIAL GMP COMPETITION PROCESS AND BY MODIFYING THE COMPETITIVE SCORING SYSTEM TO INCLUDE THE EVALUATION OF THE ADEQUACY OF PHYSICAL SERVICES AND'A NEW PROCEDURE TO EVALUATE AN APPLICANT'S EMPLOYEE HOUSING PROPOSAL 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 the findings that commer- cial and office development is a ma3or generation of employee housing demand and that growth in the City of Aspen should pay for its costs to the community; and WHEREAS, by Resolution No. 81-8, the Planning and Zoning Commission has reconunended to the City Council that these changes to the zoning regulations not take effect until next Year's compe- tition by delaying their implementation until October 2, 1981; and WHEREAS, the City Council desires to accept the reconunenda- tions of the Planning and Zoning Co~nission as set forth in Reso- lution No. 81-8 and amend Section 24-11.5 of the Municipal Code of the City of Aspen by the expansion of the coverge of zone dis- tricts within the office and commercial GMP competition process and by modifying the competitive scoring system to include the evaluation of the adequacy of physical services and a new proce- dure to evaluate an applicant's employee housing proposal. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCI~ OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 24-11.5 of the Municipal Code of the City of Aspen, entitled "Commercial and Office Development Application FORI~ 50 C.F. HOECKEL B. B. & L, CO. RECORD OF PROCEEDINGS 100 Leaves Procedures" be and the same is hereby repealed and reenacted effective October 2, 198i, as follows; Sec. 24-11.5 Co~ercial and office development application procedures. No development o~ commercial or office space shall occur within the City except office and commercial development exempted pursuant to Section 24-11.2, 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: (1) A written description of the proposed development including co~mnents as (aa) Type of water system to be used including information on main size and pressure and, if public, the excess capacity available from such public system; the location of the 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 disinCentive techniques incorporated into the proposed development. (ff) All proposed uses for the structure identify- ing not only anticipated initial users but all uses that potentially may be made of the building (description by category is suffi- cient) without substantial building changes. FORM ~o C.F. HOECKEL B. B. & L, CO, (b) RECORD OF PROCEEDINGS 100 Leaves (gg) Effects of the proposed ~eVelopment 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. (ii) The applicant's proposal to house employees which are generated as a result of the colamer- cial development. (2) 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 conmlercial 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~ foots bicycle or equestrian trails, greenbelts. (ee) General description of surrounding existing land uses and identification of zoning or historic district boundary lines, if any, The planning office shall evaluate all development allotment applications during the early weeks of Sep- tember, reject those that are ineligible under section 24-11.3(c) and present its recommendations to the plan- ning and zoning commission no later than October 1st of each year or at the commission's first regUla~ mee~ing 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. (1) Quality of design (exclusive of historic features) (maximum 18 points). The corm~ission shall 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- ing formula: 0 -- indicates a totally deficient design i -- indicates a major design flaw 2-- indicates an acceptable (but standard) design 3 -- indicates an excellent design 3 RECORD OF PROCEEDINGS 100 Leaves (2) The following 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- boring 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 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 · (fl) 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 commission 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. 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 may be handled by 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. 4 FOF~M 5~ C.F. HOECKEL B. B. & -. CO. RECORD OF PROCEEDINGS 100 Leaves (3) In those cases where points are given /or the simultaneous evaluation of two services (i.e. ~ water supply and fire protection) the det'ermination of points shall be made by averaging the scores for each feature. (aa) Water supply/fire protection (maximum 2 points) considering t~e capacity of the water supply system to provide for the needs of the proposed development without system extensions and without treatment plant or other facility upgrading. Also considering the ability o~ the appropriate fire protection district to provide service according to established response times without the necessity of upgrading available facilities. (Db) Sewage disposal (maximum 2 points) considering the capacity o~ sanitary sewers to dispose of the wastes of the proposed development without system extensions and without treatment plant or other facility upgrading. (cc) Public transportation/roads (maximum 2 points) considering the ability of the pro3ect to be served by existing city or county bus routes. Also considering the capacity of ma~or streets to provide for the needs of the proposed development without substantially altering existing traffic patterns or overloading the existing street system or causing a need to extend the existing road network. (dd) Storm drainage (maximum 2 points) considering the capacity o~ the drainage facilities to adequately dispose of surface runoff of the proposed development without system exten- sion. (ee) Parking (maximum 2 points) considering the provision of parking spaces to meet the com- mercial and/or residential needs of the pro- posed development which are required by Sec- tion 24-4.5 of the Code, and considering the design o~ said spaces with respect to visual impact, amount of paved surface, convenience and safety. Employee housing need (maximum of 10 points)). (aa) The commission shall assign points to each applicant who agrees to provide deed restricted housing for employees for a period of fifty years to rental and sales price terms within housing price guidelines established by the city council and to eligibility guidelines established by the city council. Points shall be assessed according to the following schedule ~ 5 FORM 50 C.F. HOECKEL B. B. & L. CO, RECORD OF PROCEEDINGS 100 Leaves I point for each Live ~ercent (3%) of the employees of the pro3ect who are provided with employee housing either on- or off-site, either within or outside of the City, through a net addition to the employee housing pool (that is, by creation of a new deed restricted unit or by conversion of a free market unit to deed restricted status). (cc) For the purposes of this section, one percent (1%) of the total employees shall be computed annually Dy the planning office based on a determination of the number of employees gen- erated per square foot of co~L~erciai space in each zone district for which a coim]~erciai development is to be submitted. Th~ evalua- tion shall only consider the new square foot- age being requested under the current applica- tion and shall not compute the employee hous- ing need based on commercial space which cur- rently exists. (dd) The planning office shall inform the appii- cant, prior to the deadline for submission of appi~cations, of the number of employees the pro3ect is expected to generate, based on the square footage of new commerc~ai space requested. In those cases where an applicant displaces existing housing for employees, defined as units which for the past eighteen (18) months have rented or been sold at rates which fall within the adopted housing price guidelines of the City of Aspen, the planning office shall add that number of employees displaced to those expected to be generated by the pro3ect in determining the overall employee housing need of the applicant. (ee) No requirement of this section shall imply that an applicant is required to hoUse the actual employees of the pro3ect itself but only that the applicant offset the increase in new employees by housing quaiified employees of the community in general. (ff) Applicants for commercial development in the CC, C-1 and O zones who propose to provide off-site employee housing, as defined in sec- tion (aa) above, may use the square footage of the employee housing project as the basis of a special review to increase the FAR for the co~m~erciai site to the maximum con~ercial square footage allowable by the code in that zone district. (4) Employee housing incentive (maximum 10 points). (aa) In those cases where an applicant proposes to provide housing for more than 50% of the employees generated by the project, as evalu- ated in section (3) above, the commission FORM 5O C. F, HOECKEL B, RECORD OF PROCEEDINGS 100 Leaves (c) shall assign additional points based on the following formula: 1 point for each ten percent (10%) of the employees of the project beyond the first fifty percent (50%) who are provided with deed restricted employee housing either on- or off- site, to a maximum of one hundred fifty per- cent (i50%) of the employees generated by the project. (bb) In those cases where an applicant already houses employees by providing deed restricted housing for employees for a period of fifty (50) years to rental and sale price terms within housing price guidelines established by the City Council and to eligibility guidelines established by the City Council, the applicant may claim the number of employees already housed as a credit toward the points available in section (4) (aa) above. The employee hous- ing credit may not be used toward the points available in section (3)(aa) above. (cc) The housing provided by the applicant to qual- ify for points under this section must, in all respects, meet the standards of section (3) above. (5) Applicant's previous performance (maximum minus five points). (aa) Any applicant who has been awarded a develop- ment allotment during a previous commercial 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 per- mit, 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. (6) Bonus points (maximum 8 points). (aa) The conu~isslon 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 these sections and achieved an outstanding overall design meriting recognition, award additional points not exceeding twenty percent (20%) of the total points awarded under sections 24- ll.5(b) (1), (2) and (3). Any commission mem- ber awarding bonus points shall provide a written justification 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 RECORD OF PROCEEDINGS 100 Leaves 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), (4), (5) and (6). The total number of points awarded by all members, divided by the number of members voting, shall constitute the total points awarded to the pro3ect. Any pro3ect not receiving a minimum of sixty percent (60%) of the total points available under section 24-11.5((b)(1), (2) and (3), or a minimum of thirty percent (30%) of the points available under each of section 24-11.5(b)(1), (2) and (3), shall no longer se considered for a development allotment and the application shall be considered denied. (d) Ail pro3ects shall be ranked according to the total points received (highest to lowest) and the ranking thus established by the co~n~ission shall be forwarded to the city council on or before November 1st of each year. (e) Having received the co~niss~on'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 development allotments among eligible applicants in 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 other regulations of the city. Unallocated allotments may 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 insubstantial part and for purposes of clarification or technical correction only. The standards of section 24-11.7(D) shall de~ermine whether or not a change is deemed to be insubstan- tial. Section 2 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 be given effect without the invalid provision or appli- FORM 5~ C.F. HOECKEL B, B. & L. CC;. RECORD OF PROCEEDINGS 100 Leaves cation, and to this end the proviSiOns of this ordinance are declared to be severable. Sect ion 3 ~ That a public hearing be held on this ordinance on the ///~ day of . ~3~_-~f~-~ , 1981, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) 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. Herman Edel ~ / ~'~ .f~ , . Mayor -ATTEST: ~athrY-n City cler~~ FINALLY adopted, passed and approved on the ~ day of - He~~' · - '. " ~'~ ;~'.~ ~ Mayor ATTEST; Kathryn S. ~och City Clerk 9 FORM 50 C.f. HOECKEL B. B. & L. CO* RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on reading at a regular meeting of the City Council of the City of Aspen on ~~Y~5_;L~; /~, 19 _~/, and p ubl i shed in the Aspen Timas a weekly newspaper of general circul- ation, pub]]ished in the City of Aspen, ColoTado, in its is~.u.e of _~~ ~ .... , 19.'~,__ and was finally adop~ed and approved at a regular meeting of the City Council on ~/_~~ ~ , 19 ~ and ordered published as provided by iaw. IN WITNESS WHEREOF, I have hereun%o set my hand and the sea]., of said Cindy of Aspen, Colorado, this dak' of ~"~ SEAL Deputy City Clerk