HomeMy WebLinkAboutbocc.ord.014.2000 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY COLORADO ADOPTING AMENDMENTS TO THE
PITKIN COUNTY LAND USE CODE: § 3-160-30, METRO AREA GROWTH
MANAGEMENT QUOTA SYSTEM ANNUAL DEVELOPMENT ALLOTMENTS
Ordinance No.
Recitals
1. The Board of County Commissioners (`BOCC")has directed the preparation of
amendments to the Metro Area Growth Management Quota System Annual
Development Allotments, § 3-160-30 of the Pitkin County Land Use Code (the
"Code").
2. The amendments are intended to:
(a) Eliminate annual development pools for category restricted affordable housing
consistent with the 2000 Update to the Aspen Area Community Plan which
called for the production of more affordable housing not subject to the annual
rate controls of the Metro area; and
(b) Limit the development of category restricted affordable housing to the
development ceilings set forth in § 3-160-20(B) of the Code.
3. The BOCC finds that the proposed amendments to the Code will substantially
advance the public health, safety and welfare of the citizens of Pitkin County and
will assist in the orderly application of the Pitkin County Land Use Code and the
growth management system.
4. The Planning and Zoning Commission ("P&Z") reviewed the Code amendments
at a regularly scheduled public meeting on April 4, 2000 and made a
recommendation to the BOCC.
5. The BOCC considered the amendments at first reading at a duly noticed public
meeting on April 6, 2000, and finally approved the amendments on second
reading at a duly noticed public hearing on April 12, 2000.
NOW, THEREFORE, BE IT ORDAINED by the Pitkin County
Commissioners that it hereby amends the Pitkin County Land Use Code as contained in
Attachments A(§ 3-160-30, Metro Area Growth Management Quota System Annual
Development Allotments).
Ordinance#04-00
Page 2
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
on t/ - / - '�-?/ozrp -
INTRODUCED AND FIRST READ AT A PUBLIC MEETING and regular meeting on the
6th day of April,2000.
APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC HEARING on
the 12'day of April,2000.
EFFECTIVE 30 days after publication.
.✓p
PUBLISHED AFTER THE ADOPTION IN THE ASPEN TIMES on the a,0 'Jay of
2000.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
C�7 1 � �
L deeQDean, Shellie Harper,
Deputy Clerk and Recorder Chair
Date:
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Marcella Larsen Chilson, Cindy Houben,
Assistant County Attorney Community Development Director
Repeal and Re-Enact Section 3-160-30, Metro Area Annual Development
Allotments, Pitkin County Land Use Code as follows:
3-160-030 Annual Development Allotments
The residential and tourist accommodations growth management quota system's method
of establishing annual development allotments has been designed to be as fair and flexible as
possible. It establishes pools of development allotments that are available for use by Metro Area
exempt and non- exempt projects during one-year periods,running from June 1 to May 31. _(IC
cLccioylment ceilin!" set forth in section 3-150-20 M) k utilized tor managiiw ifiW aromh or
jai i �is tnetc:d all<>rdanlc l,ousin��. 111e1 t.-YoIdahlc hoar i,1a!i4 lo[ subject to Lim .mnlaal pools
ot_ci ,cloo tic ni ;ilotm<n s_The system allows allotments to be "borrowed" from future years if
necessary to accommodate very high-quality projects. The Metro Area development ceilings are
based upon a 23 year growth period. The Board of County Commissioners may borrow
allotments from either the beginning or end of the 23 year growth period to accommodate high
quality projects. As a result of the flexibility that has been built into the allotment system,the
number of allotments available during any one year may vary.
A. Establishment of allotment pools:
1. Base allotment pool: The base annual allotment pool corresponds to the desired
annual growth rate for the Metro Area. It is established solely for the purposes of measuring
changes in actual allotment levels and for calculating the maximum number of allotments
available each year. The following base annual allotment levels are hereby established for the
entire Metro Area:
Development Type Base Allotments
Tourist Accommodations 11 units
Free Market Residential 4 units
Free Market Residential,AH Associated 8 units
Resident Occupied 8 units
Affordable Housing N/A, SSubjce:t (-),il\ to
1)c\elopnnent eilim� of section
1-160-20 (Ii))4?11+4t
2. Reserve pool: The Aspen Area Community Plan calls for some development
allotments to be reserved each year for use by projects that are subject to growth management
competition and scoring(non-exempt development). Consequently,until the close of each year's
growth management competition and appeals period,the following allotments shall be reserved
for use by non-exempt development only:
Development Type Reserve Allotments
Tourist Accommodations 6 units
Free Market Residential 2 units
If these reserved units remain unused following the close of the growth management
competition and appeals period, any remaining allotments shall be made available for use by
exempt development. In the case of remaining, "Free Market Residential Non-Exempt"
allotments, such units shall be available for allocation to any form of"Free Market Residential"
development.
Ord.#-&4-00,Attachment"A,"Amendments to Page 1
Pitkin County Land Use Code§3.16030
3. Maximum allotment pool: The maximum number of allotments available within
a single year will vary based on at least two factors: (1)the number of allotments granted in
previous years and(2) whether the Board of County Commissioners authorizes the use of
optional multi-year allotments,pursuant to Section 3-160.30(B). This section establishes the
method by which the maximum annual allotment pools for residential and tourist
accommodations development shall be calculated.
a. Standard maximum allotment pool formula: No later than June 1 of each year,
the Community Development Director shall calculate the number of development allotments
available during the upcoming year using the following formula:
Standard Maximum Allotment Pool=B +A
Where:
B=base allotment
A=accumulated allotment deficit/surplus(from preceding
years; as compared to base allotment)
* In no case shall fewer than the reserve allotment pool be available
b. Optional maximum allotment pool formula: The following formula shall be used
by the Community Development Director to calculate the number of allotments available for
"exceptional' projects (See Sec. 3-160.30(B))that include free market units. The number of
allotments available in the optional (multi-year)pool shall be calculated no later than June 1 of
each year.
Optional(Multi-Year)Maximum Allotment Pool=(5B)-(4R)+A
Where:
B =base allotment
R =reserve allotment
A =accumulated allotment deficit/surplus (from preceding
years; as compared to base allotment)
C. Optional (multi-year) 100%1Zesick-nt Oi cmpicd (Etta) 44; ' .,,, '_.
allotment pool formula: The following formula shall be used by the Community Development
Director to calculate the number of allotments available for"exceptional' projects(See Sec. 3-
160.30.13)that are totally comprised(100%) of MO) This
formula shall Abe used to determine the number of available Resident Occupied(RO)units
without regard to the annual limitations,up to a cumulative ceiling of 100 RO units. The number
of allotments available in the optional (multi-year) 100% affordable housing allotment pool shall
be calculated no later than June 1 of each year.
Optional(Multi-Year) 100%1, c,�idcnt Qccuhicd (RO ) 0 :pW" W
Allotment Pool=
(1 OB)-(9R)+A
Where:
B =base allotment
R =reserve allotment
A =accumulated allotment deficit/surplus(from preceding
years; as compared to base allotment)
Ord.#Q[q-00,Attachment"A,"Amendments to Page 2
Pitkin County Land Use Code§3-160-30
d. Establishment of maximum pool levels. The maximum allotment pool levels
calculated pursuant to the "Standard Maximum Allotment Pool" formula of this section shall
constitute the maximum allotment available for the year,unless the Board of County
Commissioners approves the use of"Optional (Multi-Year)Maximum Allotments"pursuant to
the provisions of Sec. 3-160.30.B.Regardless of the number of allotments yielded by the
"Standard Maximum Allotment Pool" formula, the reserve pool allotments of Sec. 3-160.30.A.2
shall be available each year.
e. Use of allotments in maximum allotment pool. Allotments in the maximum
allotment pool shall be available for use as follows.
1) Development subject to growth management competition and scoring.
Development that is subject to growth management competition and scoring(non-exempt) shall
be entitled to use only those allotments in the reserve pool established pursuant to Sec. 3-
160.30.A.2. Any reserve pool allotments remaining after the close of the annual growth
management competition and appeals period shall be added to the pool of allotments available for
use by development that is not subject to competition and scoring(exempt development).
2) Development not subject to growth management competition and scoring.
Because some units from the maximum allotment pool must be reserved each year until after
growth management competition,the number of allotments available for use by development that
is not subject to growth management competition and scoring(exempt development)will likely
vary at different times of year. The number of allotments available for use by development that is
not subject to competition and scoring shall be calculated as follows:
(a) Pre-competition: No later than June 1 of each year,the Community Development
Director shall calculate the number of development allotments available for use by exempt
development using the following formula:
Pre-Competition Exemption Allotment Pool=(M-R)/ 2
Where:
M=Maximum Allotment Pool
R =Reserve Pool
(b) Post-competition: No later than one day after the close of the growth
management competition and appeals period,the Community Development Director shall
calculate the number of development allotments available for use by exempt development using
the following formula:
Post-Competition Exemption Allotment Pool=(P+R)/2
Where:
P =Units Remaining from Pre-Competition Exemption
R =Units Remaining from Reserve Pool
B. Optional multi-year maximum allotments for"exceptional' projects.
1. Award of optional multi-year maximum allotments. When the "Optional (Multi-
Year)Maximum Allotment Pool' formula of Sec. 3-160.30.A.3.b yields available allotment pool
levels that exceed the allotment pool levels calculated pursuant to the "Standard Maximum
Allotment Pool' formula of Sec. 3-160.30.A.3.a,the Board of County Commissioners shall be
authorized to make optional multi-year allotments available to "exceptional' exempt
Ord.#�-00,Attachment"A,"Amendments to Page 3
Pitkin County Land Use Code§3-160.30
developments located in the AHO, AH/2 PUD and AH/3 PUD zones and non-exempt projects.
"Optional (Multi-Year)Maximum Allotments" shall be made available only to specific projects,
and in the event that the allotments expire or are otherwise unused after being awarded, they shall
not be carried over as surplus allotments or be transferred to other projects.
2. Approval criteria.Because the award of optional multi-year maximum allotments
may result in fewer allotments being available in subsequent years, the use of optional multi-year
maximum allotments shall be reserved for exceptional non-exempt projects that exceed the
minimum score for an allotment established in Sec. 3-160.50 or exempt projects located in the
AHO, AH/2 PUD and AH/3 PUD zones that meet the minimum score for an allotment
established in Sec. 3-160.50. The Growth Management Commission may recommend and the
Board of County Commissioners may award optional multi-year maximum allotments as part of
its ranking and allocation review conducted pursuant to Sec. 4-60.65.
a. Community planning criteria. In order to be eligible for the award of optional
multi-year maximum allotments,projects shall be required to demonstrate to the satisfaction of
the Growth Management Commission and Board of County Commissioners that all of the
following criteria have been met.
1) The quality of the proposed development substantially exceeds that established in
the minimum threshold for the scoring established in Sec. 4-60.65(B)(5).
2) The proposal maximizes affordability, consistent with housing needs established
as priority through the current AH Guidelines;
3) The proposal integrates a mixture of economic levels and housing for a variety of
lifestyles(e.g., singles, seniors and families);
4) The proposal minimizes impacts on infrastructure by incorporating innovative,
energy- saving site design, structural design characteristics or other techniques that minimize the
use of water, heating and sewage disposal;
5) The proposal incorporates or integrates with an existing local based economy
(i.e., sustainable local businesses);
6) The proposal accomplishes a level of design and site plan ingenuity that advances
the community goals expressed in the Aspen Area Community Plan; and
7) The proposed project represents an exceptional commitment to advancing the
visions, goals and specific action items of the Aspen Area Community Plan,particularly those
described in the scoring criteria of Secs. 3-160.50(C)(1), 3-160.50(C)(2), 3-160.50(C)(3), and 3-
160.50(C)(4).
b. The Board of County Commissioners may award optional (multi-year) allotments
if a project complies with the following standards. The Board shall consider the recommendation
of the Growth Management Commission.
1) The site design of the proposed development makes construction phasing
infeasible. This requires but is not limited to a demonstration that economies of scale will result
from construction occurring at once; the proposed development is intended as a single building
that cannot easily be constructed or operated in phases; and the public facility investments for the
Ord.#T-00,Attachment"A,"Amendments to Page 4
Pitkin County Land Use Code§3-160.30
proposed development, such as roads, water and sewer facilities,must all be installed at the
initiation of the project,making phasing economically unrealistic;
2) The impacts of construction of the proposed development on the surrounding
neighborhood and the metro area as a whole will be reduced by construction at one time rather
than phasing it over two or more construction periods; and
3) The community is capable of absorbing the accelerated rate at which impacts on
services and public facilities will be experienced. It shall be considered sufficient evidence of
service and public facility availability if it can be demonstrated that sufficient capacity is
available in the following public facilities to accommodate the metro area's planned rate of
growth and the accelerated rate due to the proposed development: Transportation (including
airport,roads, transit and parking), utilities(including water, sewer, electric, gas and drainage),
affordable housing,park and recreation facilities, solid waste facilities,police and fire protection
facilities,hospitals and schools.
C. Unallocated surplus allotments: If, on May 31, unallocated development
allotments remain unused they shall automatically be treated as "surplus" allotments and be added
to the pool of allotments available in successive years. This automatic carryover provision
notwithstanding, the Board of County Commissioners, following a public hearing for which due
notice has been given, shall be authorized to deny the carryover of allotments and to delete any
remaining surplus allotments. In making its decision,the Board of County Commissioners shall
consider the following:
a. The community's growth rate over the preceding five-year period;
b. The ability of the community to absorb the growth that could result from a
proposed development that is granted the unallocated allotments,including issues of scale,
infrastructure capacity and community character; and
C. The expected impact from approved developments that have already obtained
allotments or exemptions,but that have not yet been built.
(Ord. 95-3 (part), 1995)(97-54, Amended,06/30/1997)
Ord.#12 T-00,Attachment"A,"Amendments to Page 5
Pitkin County Land Use Code§3-160-30