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AGENDA
CITY COUNCIL WORK SESSION
September 16, 2019
4:00 PM, City Council Chambers
130 S Galena Street, Aspen
I.WORK SESSION
I.A.Open Space Board Interview
I.B.Community Development Department Work Plan
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Open Space Advisory Board
1 regular member opening
5 regular members and 1 alternate member
Current Members
Howie Mallory – Chair – re-appointed July 2019
Charlie Eckart – expires 2020
Phillip Jeffreys – expires 2021
Gyles Thornely – expired
Erik Skarvan – expires 2020
Claudia Kirby – expires 2023
Applicants
Adam McCurdy
Julie Hardman
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MEMORANDUM
TO:Mayor Torre and City Council
FROM:Jennifer Phelan, Interim Community Development Director
THROUGH:Sara Ott, City Manager
MEMO DATE:September 13, 2019
MEETING DATE:September 16, 2019
RE:Community Development Department Work Program
REQUEST OF COUNCIL:Staff requests City Council identify any work program items
that should be a priority for 2020 and added to the Community Development Department
Work Program.
SUMMARY AND BACKGROUND: This memo outlines the Community Development
Department’s current work program in 2019, as well as other priorities previously
identified by City Council, P&Z, HPC, and staff. In addition to the projects outlined below,
staff continues to focus on regular work items, such as building permits, current land use
caseload, and providing walk-in services. Some of the currently completed or underway
priorities need continued work in 2020.
Each item below lists the primary staff contact for the project, as well as the AACP policies
the work implements. The items have been organized into those that are currently
underway, those that are expected to continue into 2019, those that are suggested for
consideration and need to be prioritized for 2020, and those items from previous work
plans that have been completed. A spreadsheet summary is included as an exhibit to the
memo for a summary reference.
Staff has outlined a number of work items for 2020 for Council discussion and direction.
The items suggested for 2020 are listed in descending priority as proposed by staff but
not all items can be realistically accomplished in a 2020 work program based on the
department’s staffing levels and anticipated budget capacity. Specifically, staff
recommends items 11 through 13 be added. Council may wish to re- prioritize the
suggested work items but a discussion with staff is needed to determine what can
realistically be accomplished in 2020 so that a defined work program can be established.
CURRENTLY UNDERWAY:
1. Electronic Permitting System Implementation.The Community Development
Department has worked with a contractor, Publicis Sapient (formerly named Vertiba)
for the last two years to develop a new City-wide permits management system:
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Salesforce. All new development permits are now being processed in Salesforce, and
the Core Team leading the project continues to work with the contractor to address
system start-up issues. Over the next few months, staff will perform the work required
to migrate into Salesforce and complete all open permits now processed in our old
permit system. We also will complete the Land Use Application and Violations
modules. This is a high priority item for the department as the project affects every
Community Development staff member, other City departments, and our external
customers. Staff has invested significant staff time and resources into the
implementation of this project, and it represents the achievement of an important
departmental and City goal. Staff: All (Primary points of contact: Jennifer Phelan,
Karen Harrington, Rebecca Wallace). AACP: Managing Growth Policy VIII.1 & 2.
2. Historic Preservation Permit Improvements.Staff has been working with a
consultant and the building community to develop more specific standards for the
submittal of Historic Preservation Land Use applications and building permits, as well
as construction oversight. This work is a result of the fine imposed on a project that
removed historic material contrary to HPC approvals. Preliminary recommendations
for improvement have been completed and now require implementation, including
developing standardized exhibits and preservation plans to help ensure that future
projects have clearly defined scopes and methodologies. A check in with HPC and
Council is planned before any new procedures are put in place. Staff: Amy Simon,
Sarah Yoon, Mike Metheny. AACP: Managing Growth Policy VIII.1 & 2.
3. Fee-in-Lieu Update.In August of 2019, Council approved a contract with White and
Smith, LLC, in partnership with TischlerBise, LLC to conduct an analysis of Aspen’s
Fee-in-Lieu (FIL) calculation methodology and the relationship of FIL to other aspects
of affordable housing mitigation requirements and the affordable housing credits
program. The consultants will be in Aspen on November 4-5, 2019 to meet with a
group of local experts in a focus group format and also with City Council during a
scheduled work session. The analysis is expected to continue into early 2020 with a
report providing recommendations to Council as the final deliverable of the project.
Depending on the outcomes of the analysis and future direction from Council in
response, further work could include a basic amendment to the Land Use Code to
incorporate new FIL calculation and update methods, or potentially more extensive
changes to growth management and affordable housing credits policies. Staff: Ben
Anderson. AACP: Managing Growth Policies VII.1-2; Housing Policies I.2, II.5, III.1-
2, IV.3.
4. Wireless Design Guidelines.Community Development is serving in a support role
to the Engineering Department in the creation and adoption of a Design Guidelines
manual for wireless facilities within the City of Aspen. Working with the consultant
HRGreen, staff anticipates the completion of the manual and adoption by Council at
the end of 2019 or early 2020, following public outreach efforts and recommendations
from P&Z and HPC. Once completed, the Design Guidelines will need to be
incorporated into the Land Use Code, both in terms of content and review process.
This will require an amendment to the recently created Chapter 26.505 of the LUC.
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Additionally, these changes will require the implementation of a wireless-specific
review process that coordinates the review of several city departments in meeting
federal timeline requirements. Staff: Ben Anderson. AACP: Managing Growth Policies
V.3.
CONTINUE BEYOND 2019:
5. Wireless LUC Updates. Once the Wireless Design Guidelines are complete, an
amendment to the recently Updated Wireless chapter will be necessary. These
changes will include the results of the Design Guidelines work and any other minor
changes that need to occur. Staff: Ben Anderson. AACP: Managing Growth Policies
V.3.
6. Small Lodge Preservation Program.In 2015, the City adopted a Small Lodge
Preservation Program intended to assist small lodges to continue operating as lodges.
In 2016, two fractional lodges joined the program and five lodges applied for and
received grants through the energy efficiency provisions of the program. In 2017, four
lodges received permit fee reductions for improvements to their structures.
Additionally, seven lodges took advantage of the energy efficiency program,
leveraging approximately $46,000 of City funds to make efficiency upgrades to their
buildings. In 2018, seven lodges leveraged approximately $39,300 of City funds for
efficiency upgrades. In June 2019, the Hotel Aspen submitted a building permit
application to redevelop the hotel, which will take advantage of permit fee reductions
and expedited plans review services. Staff is working with member lodges to utilize
the other benefits in the program and anticipates that lodges will continue to use the
energy efficiency grants and building permit fee reduction benefits. In February 2019,
Council extended the Small Lodge Preservation Program to May 27, 2025. As
member lodge interest in this program continues to increase, staff will work with
individual lodge owners to help them take full advantage of the program. Staff: Phillip
Supino. AACP: Managing Growth Policies IV.1-4.
7. Historic Property Inventorying.The City is required to periodically update the official
inventory of historic properties by visiting each site and adding new observations,
technical analysis and photographs to forms which are submitted to the State Historic
Preservation office. No changes to which properties are designated is part of this
effort. This update is a requirement to maintain the city’s Certified Local Government
(CLG) status with the state. A consultant has been hired to undertake a re-survey of
about 100 historic properties. The first phase of the update will be complete in 2019;
two additional phases, likely in 2020, are necessary to complete the inventory update.
Staff: Amy Simon. AACP: Historic Preservation Policies I.1-2 and III.1.
8. Permit Improvements Group.In May 2018, the Community Development and
Engineering Departments formed the ComDev & Engineering (CD&E) Advisory
Group, which consists of 12 frequent customers from within the development
community, including planners, architects, engineers, and contractors. Community
Development and Engineering staff meet with the group about once every two months
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to discuss departmental initiatives and identify areas to improve services. This past
year, the focus of the improvements has fallen into three main categories:
Transparency, Turnaround Times, and Managing Expectations. At its last meeting in
July, the departments worked with CD&E members to renew the group’s charter for
the upcoming year. Staff: Jenifer Phelan, Rebecca Wallace, Mike Metheny, Garrett
Larimer, Justin Forman and Trish Aragon. AACP: Managing Growth Policy VIII.1 & 2.
9. Uphill Economy (Council Goal #3). Following the completion of the 2017-2019
Uphill Economy BYY goal, Council directed staff to pursue further implementation of
the Uphill Economy in 2020. Staff has requested $15,000 in budget authority in 2020
to continue this work, including the continued support of the Friday Uphill Socials and
Buttermilk Ascent event during the 2019-2020 ski season. Staff will also work with
Uphill Technical Advisory Committee members and stakeholders to identify and
prioritize recommendations from the Uphill Economic Development Plan and
Recreation Plan to implement in 2020 and 2021. Staff will return to Council in 2020
for further discussion about their preferred implementation items, their relationship to
Council and AACP goals, and the budget required for each project. Staff: Phillip
Supino. AACP: Aspen Idea Policy I.3-4; Managing Growth Policy I.4.
10.Signs/Sandwich Boards. Since 2017, Council has annually extended the deadline
for the expiration of existing sandwich board sign permits. The last extension was
August 2019. At that time, Council directed staff to return in early 2020 for a work
session to initiate a code amendment to provide a permanent solution to the sandwich
board sign question. Staff plans to work with Council to identify the preferred
regulatory solution for sandwich board signs, as well as identify other small-scale
improvements to the sign code. Staff can conduct public outreach and process this
code amendment internally over six months in 2020. Staff: Phillip Supino. AACP:
Managing Growth Policy V.1, V.2, V.3.
SUGGESTED FOR 2020:
11.Affordable Housing Program Coordination.The Land Use Code includes a variety
of regulations which impact the development of affordable housing and the collection
of fees which help fund the program. The Zone Districts section regulates the areas
of town where affordable housing may be built and at what size and density. The
Growth Management Section establishes the requirements of different development
types for providing affordable housing. The Housing Credits section is the regulatory
basis for the Affordable Housing Credits Program. Affordable housing regulations are
included in many other sections as well. Taken together, all these regulations are the
backbone of the affordable housing program as it relates to development.
Over time, as various sections of the code are amended, development trends and
financing change, and the pace and scale of development change, these interrelated
code sections require amendment to ensure their coordination. A major overhaul of
these sections with the over-all affordable housing program in mind has not been
conducted in some time. Analyzing the interrelationship between these code sections
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and regulations and identifying opportunities for improved coordination will ensure that
the Land Use Code provides Council and the community with the type and scale of
affordable housing projects needed to achieve Council’s goals.
This project would be an opportunity for Council and the community to engage in broad
discussions about how the future of the affordable housing program. Consulting
services would be required, and the project would take nine to 12 months to complete.
Staff: Jennifer Phelan and Phillip Supino. AACP: Managing Growth Policy II.1 & 2;
Housing IV.2 & 4.
12.Outdoor Lighting Regulations. Aspen’s outdoor lighting regulations were last
overhauled in 1999, with some minor amendments in 2003. Although the lighting code
adequately served its purpose for many years, it has become obvious that changes in
lighting technology (particularly LED lighting) have made the existing regulations an
ineffective regulatory tool. In 2019, City Council heard an appeal with regard to a form
of LED lighting that staff determined was prohibited by code. Council upheld staff’s
findings but also emphasized that the city should update its lighting regulations.
Consulting services would be required, and the project would take nine to 12 months
to complete. Staff: Jennifer Phelan. AACP: Managing Growth Policy V.3.
13.Community Development Fee Update.The Community Development fee structure
has not been updated since 2010 and there is no memory of a comprehensive review
of all fees related to development within the City. The Finance Department will be
hiring a consultant to perform a holistic analysis of all fees collected during the land
use and permitting processes, exclusive of impact fees, and to provide
recommendations for improving the City’s fee structure. Com Dev staff time will need
to be allocated to this project. Staff: Jennifer Phelan, Mike Metheny, and Rebecca
Wallace. AACP: Managing Growth Policy I.2.
14.Miscellaneous Code Amendments.Throughout the year, staff keeps a “redline”
version of the code identifying areas of the code that are confusing, contradictory, or
do not address emerging issues. These primarily focus on the calculations and
measurement section of the code – how buildings, fences, etc. are measured for
height, floor area, setbacks, etc. The most recent update was completed at the end
of 2014. In 2017 and 2018, staff worked with a focus group comprised of architects
and designers to discuss specific topics for amendment. Council supported and
passed a Policy Resolution in February 2018 in support of this amendment, which
staff used to establish the scope and contents of this code amendment. The process
has since been put on hold due to staff capacity and prioritization of different projects
by Council.
Many of the changes identified by staff and the focus group are needed to clarify or
solidify changes made during the 2016-2017 moratorium. Others are confusing or
outdated and require updating to deliver on community and Council expectations for
development. For instance, the definition of demolition and the determination of
natural versus finished grade should be examined and updated to account for newer
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building designs and land use trends. Staff developed a working draft of many of these
amendments in conjunction with the focus group. The process could be picked-up
again and amendments could be completed six to nine months later. Staff: Phillip
Supino. AACP: Managing Growth Policy III.1, VIII.1 & 2.
15.Future Land Use Map and Annexation.In the last few years, the city has received
annexation requests for county parcels located adjacent to the city boundary.
Additionally, the Water Department receives service requests from properties outside
of the city boundary, where the city does not have planning jurisdiction. While the
Aspen Area Community Plan provides general policy guidance on the standards and
objectives for annexation, it is not a future land use map. And it does not provide any
standards for the extension of water service outside of City limits.
Staff recommends a future land use map and more specific annexation policy be
created to assist in the evaluation of future annexation and service requests. In
addition, the city has an existing annexation plan, but it focuses on the legal process
for annexation, rather than broader policies that should guide decisions on annexation.
Creation of a future land use map and annexation policy would require consultant
assistance and community outreach, as well as coordination with other department,
including Water and the City Attorney. Staff anticipates that the planning and mapping
portions of this effort would cost $50,000 and would take 10 to 12 months to complete.
Depending on the level of coordination and work needed related to water service,
temporary help may be required as well. Staff: Jennifer Phelan and Phillip Supino.
AACP: Managing Growth Policy II.1 & 2; West of Castle Creek Policy I.1, II.1.
16.Updates to aspenvictorian.com & aspenmodern.com.Community Development
created and maintains two websites; aspenvictorian.com and aspenmod.com, as a
way to share detailed information about Aspen landmarks with the public. These
websites have been a widely used resource and require software and security updates
as each of the sites are over 5 years old. This work is likely to be undertaken with the
help of the web designer who did the original work. Consulting services would be
required. Staff: Amy Simon AACP: Historic Preservation Policy I.1 & 2.
17.Transportation Impact Analysis (TIA) Update.Following Council’s direction to staff
to incorporate the City’s parking, transportation and mobility policies into the new
parking regulations, the TIA has become a central component of the new parking
code. As such, improvements to the TIA would ensure that all those policy areas work
in concert to achieve Council and community objectives. Depending on the scope of
the update, the project may take 6 to 9 months in-house. Staff: Community
Development, Transportation, and Engineering.
18.Community & Economic Sustainability.The Aspen Area Community Plan includes
a number of policies on these topics. Sustainability refers to the ‘triple-bottom-line’
environmental, social, and economic policy areas. In recent years, Council and the
Community Development Department have discussed a variety of approaches to
addressing Economic Sustainability through Land Use Code regulations and incentive
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programs. The Uphill Economy is an example of an ongoing, successful economic
sustainability program. Council and staff have considered over recent years other
regulations and initiatives to try and address community concerns over the loss of
locally serving businesses, the challenges to starting locally owned businesses, and
developing regulations to address increased prevalence of chain stores. These
discussions have not yielded results clearly achieving AACP goals on this topic.
Staff and Council could use the AACP goals related to commercial vitality and
economic sustainability as a basis for developing new regulations and incentive
programs to implement Council’s vision for community and economic sustainability.
Outside consulting services experienced in economic development would be needed
to augment staff’s capacity for engaging in this type of work. Depending on Council’s
desired scope, the project would take 12 to 18 months. Staff: Jennifer Phelan & Phillip
Supino. AACP: Managing Growth Policy I.4, V.1, V.2.
COMPLETED WORK PROGRAM:
A number of items have been completed from the prior work program and are briefly
summarized below.
19.Model Zoning Submission.Community Development has specific standards for the
content of Building Permit application submissions. The model zoning submission
provides guidance to applicants as to the required content of permit applications and
proper depiction of that content in plan sets. This guide had not been updated in some
time and an update with a new zoning check sheet was developed.
20.Expedited Tenant Finish Permitting Process.The Community Development
Department has implemented a pilot program to assist minor tenant finish permits
through the process. An expedited review process ensures that more minor tenant
finish applications are not placed in the queue behind large permits that require more
significant review time.
21.Historic Preservation Benefits.Based on Council direction, staff developed an
updated package of benefits for historic properties. An ordinance was approved
codifying these updates.
22.Lift 1A Location Study. A lift study was completed and extensive work with adjacent
stakeholders was undertaken to implement the results of the lift study in the planning
process. A vote of the citizenry passed the resultant plan.
23.Building Permit/Address File Scanning. For the past four years, Community
Development Department staff, working with IT and the Clerk’s Office, have been
engaged in a project to convert all building files to electronic format. All address files—
about 5,000—and all large format plan sets except for 20 —about 3,000—have been
scanned.
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24.Essential Business Overlay Zone Standards The Essential Business Overlay Zone
(EBO) was adopted to address Council’s use mix objectives.
FINANCIAL IMPACTS:The items in the Community Development work program that are
currently underway been budgeted for, while items that are expected to continue past
2019 have been requested as a supplemental in the 2020 budget, have remaining funds
that can rollover into 2020, or can be accomplished in-house. Of three items suggested
to be added to the work program for 2020 only the Outdoor Lighting has been requested
as a supplemental budget item in 2020, while the Fee Update is anticipated to be covered
by department savings. Additional monies will be needed for work associated with
Affordable Housing.
RECOMMENDATION:Staff recommends that items 11 through 13 be added to Com
Dev’s 2020 work program.
ATTACHMENTS:
Exhibit A:AACP Policies and Work Program Table
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Community Development Department - Work Program Update Exhibit A
Currently Underway Must Should Could Completed Notes
1 Electronic Permitting System Implementation pg. 1 X
Implementation is ongoing (building), existing permitting system (Eden) ends at EOY, planning module
development 4th quarter 2019 into 2020
2 Historic Preservation Permit Improvements pg. 2 X
Report on best practices complete, still implementing recommendations (need to improve submissions
& project monitoring)
3 AH Fee-in-Lieu Update pg. 2 X Contract signed, anticipated completion 1st quarter 2020
4 Wireless Design Guidelines pg. 2 X Contract signed, anticipated completion 1st quarter 2020
Continue Beyond 2019 Must Should Could Completed Notes
5 Wireless LUC updates pg. 3 X
Incorporate any changes necessary to update/refine wireless ordinance resulting from design guidelines
completion
6 Small Lodge Preservation Program pg. 3 X 2020 monies allocated, most expenditures are building permit waivers and energy efficiency oriented
7 Historic Property Inventorying pg. 3 X First phase of update will be complete in 2019, two additional phases needed to complete inventory
8 Permit Improvements Group pg. 3 X Continue ongoing meetings and outreach with development community on construction process
9 Uphill Economy pg. 4 X
Continue the uphill socials, rebrand the Uphill Economy name, continue annual Buttermilk uphill event,
plan conference for 2021, and develop an implementation plan for discussion in 2020
10 Signs/ Sandwich Boards pg. 4 X
Review sandwich board regulations, undertake outreach to business community, determine any changes
in policy, develop necessary regulations
Suggested for 2020 Must Should Could Completed Notes
11 Affordable Housing Program Coordination pg. 4 X
Provide a comprehensive review of the current tools used to create affordable housing. A defined scope
will need to be identified, research undertaken, policy direction provided, subsequent code
amendments developed. Areas of potential scope included in body of the memo.
12 Outdoor Lighting Regulations pg. 5 X
No substantive changes to the program have occurred since adoption (2002), does not adequately
address LED lighting technology
13 Community Development Fee Update pg. 5 X Finance is lead, Com Dev staff time will be needed to assist
14 Miscellaneous Code Amendments pg. 5 X
Draft amendments are substantially complete, major focus: calcs and measures providing greater clarity
and simplified standards for such items as measuring height, allowed encroachments into setbacks, etc.
15 Future Land Use Map and Annexation Policy pg. 6 X
A potential way to outline city expectations within the growth boundary, pre-cursor to a comp plan
update
16 Updates to Aspenvictorian.com & Aspenmod.com pg. 6 X Heavily used website, ensure IT protocol maintained and update some content
17 Transportation Impact Analysis (TIA) Update pg. 6 X
Continued refinement of mobility initiatives, Engineering & Transportation lead w/ Com Dev assistance,
include evaluation of current cash-in-lieu rate
18 Community & Economic Sustainability pg. 6 X A number of topics have been raised by Council. Areas of potential scope included in body of the memo
Completed Must Should Could Completed Notes
19 Model Zoning Submission pg. 7 X Check-off sheet and explanatory handouts for meeting zoning standards
20 Expedited Tenant Finish Permitting Process pg. 7 X EPIC permit, allows for expedited tenant finish permits
21 Historic Preservation Benefits pg. 7 X Recent 2019 code changes amended benefits package
22 Lift 1A Location Study pg. 7 X Study completed
23 Building Permit / Address File Scanning pg. 7 X Almost complete, EOY anticipated
24 Essential Business Overlay Zone Standards pg. 8 X Code changes adopted
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