HomeMy WebLinkAboutagenda.council.worksession.20230123AGENDA
CITY COUNCIL WORK SESSION
January 23, 2023
4:00 PM, City Council Chambers
427 Rio Grande Place, Aspen
I.Work Session
I.A 2023 Community Development Work Plan
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Memo_ ComDev_WorkPlan_Worksession_1-23-23.docx
1
MEMORANDUM
TO: Mayor Torre and Aspen City Council
FROM: Ben Anderson, Deputy Director, Community Development
Phillip Supino, Community Development Director
MEMO DATE: January 3, 2023
MEETING DATE: January 23, 2023
RE: Work Session Discussion – 2023 Community Development Work
Plan Project Definitions and Priorities
REQUEST OF CITY COUNCIL:
Staff requests Council consideration and direction on the topics described herein to inform
scheduling and resource needs for elements of the Community Development
Department’s 2023 work plan.
SUMMARY AND BACKGROUND:
Throughout 2022, Council and ComDev staff discussed several policy and regulatory
project ideas desired by Council. Some concepts were outgrowths of the residential and
short-term rental moratorium process. Others were raised by Council in work session or
regular meetings in response to community input or Council desires. New subjects raised
by a majority of Council in 2022 include:
1) Commercial development and vacancy policies,
2) Affordable Housing Credits Program,
3) Demolition Allotment policies and procedures,
4) Boards and commissions structure and authority, related to the Land Use Code
All of these subjects as understood by staff to relate to Council goals or Aspen Area
Community Plan policies.
Staff noted these topics and has conducted preliminary internal discussions for each. In
order to proceed with work beginning in 2023, staff seeks direction and prioritization from
Council on each. The timing of this work plan discussion will allow staff to develop project
scopes and calendars, allocate staff and City resources, and seek necessary funding for
projects as needed through the spring supplemental budget process. The following
outlines staff’s conception – based on Council goals, adopted policies, and past
discussions – of each possible project. The memo concludes with some questions to
guide discussion with Council.
DISCUSSION:
Staff Memo, Work Session – 1/23/23
2023 Community Development Work Plan Prioritization
Page 2 of 7
The following outlines the current and proposed policy projects for Council consideration.
Staff recommendations follow the project descriptions, with Council questions at the end.
In addition to the projects described herein, ComDev staff is engaged in a variety of
internal projects alongside the delivery of core development services. Some of these
projects include:
• New building code adoption and implementation
• Development permit process improvement,
• Salesforce permitting system improvements,
• Community demographics analysis (with the City Manager’s Office),
• Short-term rental program development,
• Commercial core services program development,
• Planning division restaffing and training,
• Ongoing integration projects with Environmental Health and Sustainability.
Of particular focus for ComDev staff is the development permit process improvement
project. ComDev staff have made annual process improvement for each of the last three
years to ensure we maintain a departmental culture of continuous improvement and
ensure the highest level of customer service. This is an essential internal administrative
function.
The adoption of the new building code and the recent hiring of a new Chief Building
Official (Bonnie) and ComDev Deputy Director (Ben) present new opportunities for
process improvement. In November, staff identified several specific process changes to
implement immediately upon passage of Ord. #01:
• Senior-level plans examiners (PE III) will conduct final reviews on permits under
their review. Previously, final reviews were completed by the Plans Examination
Manager. Under the new protocol, PE IIIs will conduct final reviews of their
permits, thereby reducing the number of ‘touches’ on a permit and reducing review
times.
• Applications reviewed by third-party plans examination service providers will not
be reviewed by plans examination staff. Third-party reviewers have professional
certifications and licenses which City staff can rely-upon to ensure the highest level
of life-safety and regulatory compliance. Leveraging these professionals’ licenses
will reduce the number of permits reviewed by City staff, thereby reducing review
times overall.
• Staff will increase monthly permit collaboration and prioritization days. Beginning
in the summer of 2022, the plans examination staff started the practice of monthly
permit days, where the application queue was ‘triaged’ for permits that could be
rapidly reviewed and issued. This focused staff work time, along with a different
approach to prioritizing and assigning individual permits for review, allowed more
permits to be issued.
Staff Memo, Work Session – 1/23/23
2023 Community Development Work Plan Prioritization
Page 3 of 7
Additionally, staff is working with relevant City staff to improve the function of the building
permit queuing system. The queue system manages permits in line for review. Staff
seeks to improve how different permit types are prioritized within that system to ensure
they align with departmental policies and customer service expectations. Finally, staff is
developing an internal plan for longer-term process improvement. In total, staff believes
these changes will have an immediate effect on the permit process. This project is a top
departmental priority for 2023 requiring significant staff and organizational resources.
While not Council-driven policy projects, the important internal initiatives listed and
described above deliver on Council priorities, community needs, and enhance core
services. They require significant staff time and resources to complete. Council
consideration and direction on the projects described below, in the context of the internal
projects described above, will shape staff’s work plan for 2023 and beyond.
Community Development Workplan
Below is an outline of staff’s priorities as understood from previous conversations with
Council. Active Projects are currently in progress, have resources previously allocated
towards, and have a rough timeline established for completion. New Council-Initiated
Projects are identified next. These are projects that staff understands Council to have
interest in pursuing, but to date, have not been fully explored or scoped. More specific
conversation with Council would be necessary prior to initiation on these two projects.
Active Projects
AH Credits Program
Following the December 12th work session with Council, staff continues working on
improvements to the Credits program. Council supported amendments to the regulations
in the Land Use Code (LUC) to optimize the function of the credits market, bring more
credits to market to meet demand from approved development, and further incentivize
development of new affordable housing credits projects.
In that work session, Council additionally expressed interest in addressing topics adjacent
to the credit program, including:
• the relationship between on-site and off-site AH development,
• the role of development as the primary driver of the creation of new AH units,
• the potential of reassessing the extinguishment of AH credits as a principal means
of development meeting its AH mitigation requirements.
While the bulleted topics are related to the AH credits program, they are not integral to
the achievement of Council’s adopted policy goals for the credits program, as described
in previous policy resolutions and work session discussions. Therefore, staff is not
prepared at this time to support Council work in these areas.
Instead, the 2023 AH Credits Program work is focused on the LUC regulations
themselves. This work is in support of Council’s housing goal. It is a follow-up to the
Staff Memo, Work Session – 1/23/23
2023 Community Development Work Plan Prioritization
Page 4 of 7
2022 residential moratorium, and staff and financial resources have been allocated.
Should Council desire for staff to start work on the large topics described above, additional
discussion about staffing levels, capacity, and project prioritization would be required.
Staff Recommendation: Continue with the direction provided at the December
12th work session – staff is developing amendments to the credits regulations to
optimize the program and further incentivize private sector development of
affordable housing.
Timing: This work is slated for completion in the first and second quarters of 2023,
as directed in the 12/12/22 work session.
Demolition Allotments
Despite clear language in the LUC regarding the process for submission of land use
applications, some applicants attempted to manipulate the process to receive 2022
demolition allotments. Responding to this situation required significant staff time from
ComDev and the Attorney’s Office. Council directed staff in November to amend the
regulations in the LUC for the allocation of allotments to preclude future attempts at
manipulation. While this work represents a simple code change, it will take some time to
develop possible language and vet it prior to adoption. The new language ought to be in
place and in effect by October 1, 2023 to provide clarity to future applicants and staff.
This project, as currently conceived of, can be completed internally alongside the City
Attorney’s Office with existing staff and financial resources.
Staff Recommendation: Amend the demolition allotment regulations to provide
greater clarity and surety in the process of applying for and awarding demolition
allotments.
Timing: This work would be conducted in the second and third quarter of 2023 –
June through September – to put a new system in place before the 2024 allotment
process begins.
Outdoor Lighting Code
The LUC amendment to update and modernize the outdoor lighting regulations has been
in the ComDev work plan for three years and in process for one. This is a technical clean-
up required to respond to changes in lighting technology. The pandemic delayed the start
of the project, but significant progress was made in 2022. This ongoing, multi-year
process is expected to result in a policy resolution being presented to Council in February
and LUC amendments presented to Council in the second quarter of 2023.
Staff Recommendation: Project resources are allocated, significant staff time
has been committed, stakeholder engagement has been conducted, and staff is
preparing drafts for Council review.
Staff Memo, Work Session – 1/23/23
2023 Community Development Work Plan Prioritization
Page 5 of 7
Timing: Staff recommends Council continue with the project as scoped and direct
staff to present the policy resolution and amendments ordinance in Q1 and Q2 of
2022.
Miscellaneous Code Clean-Up
Periodically, the LUC requires amendment to fix errors, address outdated language,
ensure proper citations, and make non-substantive improvements to assist customers
and the public in using the LUC. Staff has put this off for several years in response to
competing priorities and staff time limitations. Given the size of the amendments adopted
last summer at the conclusion of the moratorium and the effect of years of needed
deferred maintenance, it is important that a clean-up be conducted in 2023. As conceived
of by staff, this project can be conducted internally with existing staff and financial
resources.
Staff Recommendation:
Staff recommends beginning work on a clean-up ordinance in Q3 or Q4 of 2023.
The length of the process will be determined by the scope of the amendments and
the extent to which community engagement, as opposed to targeted stakeholder
outreach, is required. The amendments as conceived of by staff can be completed
with existing staff and financial resources.
New Council-Initiated Projects
Boards & Commissions
In recent months, a majority of Council have expressed interest in assessing the
composition, review processes, and jurisdictional and governing authority of the City’s
land use boards. In parallel, staff has expressed concern about ongoing struggles to
attract and retain board members and the staff time obligations for management of virtual
and hybrid board meetings. Council and staff are aligned in the shared desire to ensure
that land use boards and commissions meet Council and community needs. Likewise, it
is important that land use outcomes from board reviews support adopted City policy,
particularly historic preservation, affordable housing, and neighborhood character.
Following Council direction in 2022, staff has identified possible areas of inquiry and
conceived of the resources required to support a project of this nature. While the scope
of work will need to be established by Council in a dedicated work session, staff believes
that any potential amendments to LUC related to boards and Commissions would require
consultant support.
The boards and commissions sections of the LUC are complex and interwoven with
standards and processes elsewhere in the LUC. Significant best practices and code
analysis will be required to amend them. There are elements of these bodies that are
relate to legal requirements from state statutes and the City Charter. Amending these
sections will require legal support. Additionally, the relationship between these bodies,
land use processes and outcomes, and community character require that community
Staff Memo, Work Session – 1/23/23
2023 Community Development Work Plan Prioritization
Page 6 of 7
engagement be conducted at scale with Council’s desired scope of work. Therefore, staff
is confident that outside consultants will be required.
Staff Recommendation:
Prior to work commencing on this topic, a focused work session discussion will be
needed to establish a scope and Council policy priorities. Given the other
significant projects in 2023, staff recommends beginning that discussion in Q3 of
2023. This schedule has the added benefit of affording staff time to conduct
preparatory and best practice research to prepare for the eventual work session.
Following the work session with Council, staff would develop a formal scope of
work and project timeline.
Commercial Vitality
This proposed project includes a large, complex set of issues. Beginning with Council
discussions about rolling-back downtown COVID response policies, Council has
expressed interested in exploring several topics related to the commercial core and
commercial sector vitality. Council recently directed staff to look at commercial vacancy
and construction site issues. These topics share common themes, expressed in the
AACP and in past Council discussions, around commercial vitality and community
character and health. In staff’s view, there is a shared desire to ensure the commercial
core and business sectors are supported to deliver on AACP policies and LUC
regulations. The topics identified by Council include:
• Outdoor seating and dining, use of private property, malls, and rights-of-way,
• Temporary uses and structures for retail, restaurants, events,
• Affordable housing mitigation for temporary uses and changes in use,
• Signage, lighting, amplified sound, advertising, and community character,
• Formula business regulations and commercial storefront vacancies,
• Commercial construction management policies.
Addressing topics of this nature will include social, economic, and environmental
considerations. Past Councils have spent considerable time exploring possible
interventions in the commercial sector to support AACP policies related to diverse, locally
serving, and sustainable businesses. Signage, lighting, and advertising regulations are
universally regarded in the planning world as complex and consequential topics for the
business community and community character, requiring time and resources to update.
Policies related to commercial vacancy and construction project management may
present economic and legal challenges requiring specialized consultant support. These
are important policy discussions, and they would be resource and time intensive.
Staff Recommendation:
A dedicated work session to define these topics and set policy priorities will be an
important first step. Depending on the outcome of that work session, consultant
support will be required. Work would commence in Q2 following the completion of
the AH credits and lighting code processes.
Staff Memo, Work Session – 1/23/23
2023 Community Development Work Plan Prioritization
Page 7 of 7
QUESTIONS FOR COUNCIL:
1) Does Council support staff’s proposed prioritization and conceptual scheduling for
the projects included herein?
2) What definition can Council provide on the topics identified above to support staff’s
thinking and preparatory work?
3) Does Council support possible supplemental budget requests for certain projects
to supplement staff capacity and engage experts to support the process?
4) Are the other topics not included in staff’s summary that a majority of Council
desires for staff to begin in 2023?
CONCLUSION:
With consultant support and thoughtful scheduling, ComDev staff can respond to a
significant portion of Council’s desired policy work plan items in 2023. Depending on
Council priorities and project scopes, some work would be required to extend into 2024.
With direction from Council on project definitions, priorities, and sequencing, staff can
continue current projects and commence new projects in the coming months. Spring
supplemental budget requests would be submitted for City Manager and Council review
to support Council directed work not currently budgeted for in 2023.
EXHIBITS:
none