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HomeMy WebLinkAboutordinance.council.066-81FORM ~o C.F. WOECKEL B. $. & L. CO. RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ (Series of 1981) AN ORDINANCE AMENDING SECTIONS 24-11.4 AND 24-ii.3(c) OF THE MUNI- CIPAL CODE OF THE CITY OF ASPEN BY THE REVISION OF THE SCORING CATEGORIES AND POINTS FORMULAS FOR THE RESIDENTIAL GMP COMPETITION PROCESS AND BY THE CREATION OF AN ADDITIONAL BASIS FOR THE PLAN- NING OFFICE REJECTION OF ANY APPLICATION FOR DEVELOPMENT ALLOTMENT WHEREAS, by Resolution No. 81-10, the Planning and Zoning Connnission has recommended to the City Council that the zoning regulations be amended so as to modify the scoring system for the residential GMP competition process to more accurately reflect current policies of the City of Aspen; and WHEREAS, by Resolution No. 81-10, the Planning and Zoning Commission has also recommended to the City Council that the zon- ing regulations be amended so as to correct certain administrative problems which have developed since the implementation of the Growth Management Quota System; and WHEREAS, the City Council desires to accept the reconunenda- tions of the Planning and Zoning Co~mnission as set forth in Reso- lution No. 81-10, and amend Sections 24-11.4 and 24-1i.3(c) of the Municipal Code of the City of Aspen by the revision of the scoring categories and points formulas for the residential GMP competition and by the creation of an additional basis for the Planning Office re3ection of any application for development allotment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO~ Section 1 That Section 24-11.4 of the Municip~al Code of the City of Aspen entitled "Residential Development' Application Procedure", be and the same is hereby repealed and reenacted as follows: No residential development shall occur within the city, except residential development exempted pursuant to Section 24-11.2, until the proposed development shall have received a development allotment pursuant to the following procedures: FORM 5[~ C.F. HOECKEL e. B. & L, CO. RECORD OF PROCEEDINGS 100 Leaves (a) Ail applicants for residential development allotments shall file with the city planning office on or before January 1st o~ each year a completed application, which shall be submitted with the following maps, documents and information. (1) A written description of the proposed development including comments as to: (aa) ?ype of water system to be used, including information on main size and pressure ands if publicf the excess capacity available from such public system; the location of the near- est main; the estimated water demand of the development or building. (Db) Type of sewage treatment system to De used and, if public, the excess capacity available from such public system; the nearest location to the building site of a trunk or connecting sewer line; the expected demand of the devel- opment or building. (cc) Type of drainage system proposed to handle surface, underground and runoff waters. (dd) Type of fire protection systems to be used, (such as hydrants, wet standpipes, etc. ); dis- tance to the nearest fire station and its average response time. (ee) Total development area; type of housing or development proposed; number of units, includ- ing employee housing; and their expected price range of sale or rental; the distance from the proposed development to the nearest elemen- tary, middle and high school; the distance to existing school bus routes. (fl) Estimated traffic count increase on adjacent streets resulting from the proposed develop- ment; description of type and condition of roads to serve such deVelOpment; total number of motor vehicles expected to use or be sta- tioned in such development; hours of principal daily usage of adjacent roads; on and off-site parking to be supplied~ location of alternate transit means (bus route, bike paths, etc.); any auto disincentive techniques incorporated in such proposed development. (gg) Location relative to proposed or existing parks, playgrounds, hospitals, airports, mass transit systems and estimated increased usage of such facilities by reason of the proposed development · Location relative to proposed development of retail and service outlets and estimated in- crease demands on such outlets by reason of the proposed development. 2 FORM 50 C.F. HOECKEL B, B. ~ L. CO, RECORD OF PROCEEDINGS 100 Leaves (b) (ii) Effects of the proposed development on ad3a- cent uses and land uses in the vicinity of the pro~ect. (]j) The proposed construction schedule including, if applicab±e~ 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, materials, insulation, fireplaces, solar devices (demonstrating energy conservation or solar energy utilization features), type of 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 and sChool sites, pathways, foot, bicyCle or equestrian trails, greenbelts. (ee) General description and location of surround- ~ing existing land uses and identification of zonin9 district boundary lines, if any. The planning office shall evaluate all development allotments applications during the early weeks of Janu- ary, reject those that are ineligible under Section 24- ll.3(c), and present its recon~tendations to the planning and zoning commission no later than February 1st of each year or at the commission's first regular meeting subse- quent to that date. The planning and zoning con~ission shall review all appiications, 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 !2 points). ~he commission shai! consider each application with respect to its impact upon public facilities and services and shall rate each development according to the following f°rmula: 0 -- Project requires the provision of new services at increased public expense. i -- 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. FORM 50 C.F. HOECKEL B. B. & L. CO. RECORD OF PROCEEDINGS 100 Leaves (2) The foi±owing services shall be rated accordingly: (aa) Water (maximuia 2 points) considering the capa- city of the water supply system to provide for the needs of the proposed development and~ if a public system, its ability to supply water to the development without system extensions beyond those normally installed by the devel- oper, and without treatment plant or other facility upgrading. (bb) Sewer (maximum 2 points) considering the capa- city of the sanitary sewers to dispose of the wastes of the proposed development ands if a public sewage disposal system is to be used~ the capacity of the system to serve the devel- opment without system extensions beyond those normally installed by the developer, and with- out treatment plant or other facility upgrad- ing · (cc) Storm drainage (maximum 2 points) considering the capacity of the drainage facilities to adequately dispose of the surface runoff of the proposed development without system exten- sions beyond those normally installed by the developer. (dd) Fire protection (maximum 2 points) considering the ability of the fire department of the appropriate fire protection district to pro- vide fire protection according to the estab- lished response standarGs of the appropriate district without the necessity of establishing a new station or requiring addition of ma3or equipment to an existing station. (ee) Parking design (maximum 2 points) considering the provision of an adequate number of off- street parking spaces to meet the requirements of the proposed development and considering the design of said spaces with respect to visual impact, amount of paved surface, con- venience and safety. (~f) Roads (maximum 2 points) considering the capa- city of major street linkages to provide for the needs of t~e proposed development without substantially altering existing traffic pat- terns or overloading the existing street sys- tem or the necessity of providing increased road mileage and/or maintenance. Quality of design (maximum i5 points). The commis- sion shall consider each application with respect to the site design and amenities of each project and shall rate each development by assigning points according to the following formula~ 0 -- Indicates a totally deficient design ~ORM 5~ C. F, HOECKEL B. B. & L. ~0. RECORD OF PROCEEDINGS 100 Leaves 1 -- Indicates a ma~or design flaw 2 -- Indicates an acceptable (but standard) design 3 -- Indicates an excellent design (aa) Neighborhood compatibility (maximum 3 points) considering the compatibility of the proposed building (in terms of size, height and loca- tion) with existin9 neighboring 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 and increased safety and privacy. (cc) Energy (maximum 3 points) considering the use of lnsulation~ passive solar orientation, solar energy devices, efficient fireplaces and heating and cooling devices to maximize con- servation of energy and use of solar energy sources · (dd) Trails (maximum 3 points) considering the pro- vision of pedestrian and bicycle ways and the provisions of links to existing parks and trail systems, whenever feasible. (ee) Green space (maximum 3 points) considering the provision o~ vegetated, open space on the pro- ject site itsel~ which is usable Dy the resi- dents of the pro3ect and offers relief from the density of the building and surrounding deve lopme n ts. (3) Proximity to support services (maximum 6 points). The con~ission shall consider each application with respect to its proximity to public transportation and community commercial locations and shall rate each development by assigning points according to the following formula: (aa) Public transportation (maximum 3 points) I -- Project is located further than six blocks walking distance ~rom an existing city or county bus route. 2 -- Project is located within six blocks walking distance of an existing city or county bus route. 3 -- Project is located within two blocks walking distance of an existing city or county bus route. (bb) Community commercial facilities (maximum 3 points). The planning office shall make available a map depicting the commercial FORM 5O C, F. HOECKEL B. B. & -. CO, RECORD OF PROCEEDINGS 100 Leaves (4) facilities in town to ~ermlt the evaluation o~ the aistance of the project from these areas. I -- Pro~ect is located ~urther than s'~x blocks walking distance from the commer- cial ~acllities in town. 2 -- Project is located within six blocks walking distance of the commercial facil- ities in town. 3 -- Project is located within two blocks walking distance of the col'~,aercial facil- ities in town. For purposes of this section, one Diock shall be equivalent to two ~undred fifty (250) feet in linear distance. Provision for low~ moderate and middle income hous- ing (maximum 40 points). (aa) The coim'~iission shall assign points to each applicant who agrees to deed restrict ail or a portion of his development for a period of fifty (50) years to rental and sale price terms within housing price guidelines estab- lished by ti~e city council and to occupancy limitations within housin~ income-eligibility guidelines established by the city council. (bD) Points shall be assigned according to the fol- lowing schedule~ Two (2) points for each five (5%) percent of the total development that is restricted to low income price guidelines and low income occupancy Limitationsi Two (2) points for each ten (10%) percent of the total development that is restricted to moderate income price guidelines and moderate income occupancy limitations; Two (2) points for each fifteen (15%) percent of the total development that is restricted to middle income price guidelines and middle income occupancy limitations. For purposes of this section, one (1%) percent of the total development shall De based solely on the ratio of deed restricted Dedroo~i~s to non-deed restricted bedrooms, provided, however, that the floor area of the deed restricted space in the development faust equal at least fifty (50%) percent of the floor area of the non-deed restricted por- tion of the pro3ect. For the purposes of this sec- tion, a studio shall be considerea a three-quarter (3/4) bedroom. (cc) To be eligible for points within the provi- sions of this section, the iow, moderate arid FORM ~0 C.F. HOECKEL B. B. & L. CO, RECORD OF PROCEEDINGS 100 Leaves middle inCome h°using units must comply with (5) the ~ollowing size limitations or be restricted to rental and sale price terms no greater than that allowable had the housing units complied with the ~o±lowin9 size iimita- t ions -~ M in imum Unit Square Footaqe Max imum Sq'uare Footage Studio 400 600 One-bedroom 500 800 Two-bedroom 700 1,i00 Three-bedroom i,000 1,300 (dd) When an applicant agrees to restrict only a portion of his development to low, moderate and middle income housing and the portion restricted is located adjacent to an unre- stricted portion, to be eligible for points within the provisions of this section the ad3acent portions of the development shai± be constructed of the same exterior building materials with a compatioie exterior archi- tectural style. (ee) ~he deed restrictions created above may be removed or amended by agreement between the property owner(s) and the city council upon the recommendation of the planning and zoning corem is s ion. (fl) Should a proposed residential development cause the displacement of existing employee housing, deYined as units which for the pre- vious eighteen (i8) months have rented or have been sold at rates which fall within the adop- ted housing price guidelines of the CitY of Aspen, then the points assigned in section (bb) above shall be based on the net addition of employee bedrooms to the housing pool and not simply on the gross number of units to be constructed. A net addition of employee hous- ing to the pool is defined as the conversion of a free market unit to deed restricted status or the construction of a new deed restricted unit. Provision for unique financing (maximum i0 points) (aa) The commission shall assign pOints to each applicant who agrees to sell under a unique financing program all or a portion of his development to qualified individuals as estab- lished by the city council within housing' income-eligibility guidelines. (bb) Points shall be assigned according to the following schedule; FORM l) C, F, HOECKEL B, B. & L. CO, RECORD OF PROCEEDINGS 100 Leaves (c) 95 percent applicant ~inancin9 Unit Point (s) Studio One-bedroom Two-bedroom or larger i i/2 100 percent applicant financing Unit Point (s) Stud io One-bedroom Two-bedroom or larger 1 2 3 (cc) To be eligibie for points within the provi- sions of this section, the mortgage offered by the applicant must De freely assumable for a term of thirty (30) years or mores at an interest rate of 12% or an interest rate equal to the current rate of the Federal Home Loan Mortgage Corporation, as determined on the date of preliminary plat submission. The lesser of the above interest rates shall be that offered by the applicant and there shall be no closing points and no prepayment pen- alty. The monthly amortization for the mort- gage must fall within the employee housin~ price guideline which has been designated for the unit. (6) Bonus Points (maximum 7 points) (aa) The commission members may, when any one determines that a proDect has not only incor- porated and met the substantive criteria of sections 24-11.4(b)(i), (2) and (3), but has also exceeded the provisions of these sections and achieved an outstanding overall design meriting recognition, award additional bonus points not exceeding twenty percent (20%) of the total points awarded under sections 24- li.4(b)(1), (2) and (3). Any commission mem- ber awarding bonus points snail provide a written justification of that award for the public hearing record. The coimmiss~on shall consider ail eligible applications at a public hearing at the close of which each member of the conm[ission shall identify the number of points assigned by him under each of the criteria outlined in sections 24-11.4(b)(1), (2), (3), (4) ~ (5) and (6), and the total number of points awarded by all members~ divided by the nut, her of members voting, shall consti- tute the total points awarded to the pro3ect. For pro- 3ects involving two or more sites, the points awarded to each site shall be weighted as to the number of units to be constructed on each site and a weighted value calcu- lated for the points in each category. Any proDect not receiving a minimtuu of sixty (60) percent of the total 8 FO~ s~ C, F. IqOECKEL B. B, & b RECORD OF PROCEEDINGS 100 Leaves points available under section 24-i±.4(b)(1), (2), (3) and (4), or a minimum of thirty (30%) percent of the points avaiiaD±e under each of Sections 24-ii.4(b)(1) f (2), (3) and (4), shall no longer be considered for a development allotment and the app±ication sha±i be con- sidered denied. (d) (e) (h) All proDects snail De ranked according to the total points received (highest to lowest) and the ranking thus established Dy the commission shall be forwarded to tile city council on or before March 1st of each year. In the event that any applicant is awarded points for middle, moderate and low income housing, the commisson may impose, as a condition for receIving points under section 24-1i.4(b)(4), limitations on rental or sale or impose such other terms or conditions reasonably related to achieving the purposes of section 24-11.4 (b)(4); and may, ~n establishing such terms and condi- tions, seek the advice of the local housing authority. Having received the co~m'nission'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 o~ the pub- lic hearing by the planning and zoning commission. SuDsequent to the conclusion of ail protest hearings provided for in this section, during which the city council may change the number of points awarded to any protesting applicant, the city council shall, by resolu- tion and prior to April 1st of each year, allocate development allotments amon(~ 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. UnaliOCated allotments may be carried over to the fol- lowing year for possible distribution at ~that (or a later) time. No applicant shall, after submission of his application pursuant to section 24-11.4(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(b) shall determine whether or not a change is deemed insubstantial. Section 2 That Section 24-ii.3(c) of the Municipal Code of the City of Aspen entitled "General Provisions" be and the same is hereby repea±ed and reenacted as follows; (c) The Planning Office shall reDect any application for development allotment which fails to.~ (l) Satisfy minimum utility or access requirements; 9 FORM 5~ C.F. HOECKEL B. 8. ~ L. CO. RECORD OF PROCEEDINGS 100 Leaves (2) (3) (4) Comply with any approved master pian for the devez- opment area; Comply with the requirements of Chap%er 24, Zonlng~ of the Code, or any other applicaDie land use or building regulation of the City of Aspen; or Satisfy the requirement that an applicant who holds a previous allotment within the same development area (i.e., residential, office/commercial, or lodge) must submit Duiiding plans to t~e Building Department sufficient for the issuance of a build- ing permit within two years of the deadline for the submission of the original application to the Plan- ning Office for that G[vlP allotment. Satisfaction of this requirement shall be based upon the Plan- ning O~ice receipt of a written notification from the Building Department that the applicant has sub- mitted completed plans for the entire previous allotment prior to the date of submission of the current application. Failure by an applicant to submit such complete plans shall result in a one- time only rejection of an application and shall not restrict the applicant from submitting an applica- tion during the subsequent year. Section 3 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- cation, and to this end the provisions of this ordinance are declared to be severable. Section 4 That a public hearing be held on this ordinance on the c~~/'- day of ~ , 1981, at 5;00 P.~h in the C~ty Council Chambers, Aspen City Hall, Aspen, Coiorado~ fifteen (i5) 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 O~DERED published as provided Dy law by the City Council of the City of Aspen, Colorado, at its regular meeting held at the City of Aspen on ~v~~ 1981. 10 RECORD OF PROCEEDINGS 100 Leaves Susan E. MiChael Mayor Pro Tem City Clerk FINALLY adopted~ passed and approved on the _~~day of Susan E. Michael Mayor Pro Tem ATTEST Kalthryn S~Koch City Clerk 11 RECORD OF PROCEEDINGS 100 Leaves FORM 50 C. "'. ROECKEL 8, B. & L. CD. 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 read in full, and passed on _~ introduced, reading at a regular.~,eeting of the City Council of the 19:(, City of Aspen on ~, 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 ~~spen, Colorado, this /~(-/ the seal day of ~,~ 19 ~.' Kathyrn S.~ocn, City Clerk Deputy City Clerk