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HomeMy WebLinkAboutminutes.apz.20240416 REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION APRIL 16, 2024 Commissioners in attendance: Tracy Sutton, Marcus Blue, Eric Knight, Tom Gorman, Ken Canfield, Christine Benedetti, and Teraissa McGovern. Staff present: Sophia Varga, Planner I Ben Anderson, Community Development Director Kate Johnson, Assistant City Attorney Tracy Terry, Deputy City Clerk Commissioner Comments: Ms. McGovern said Jason Suazo has resigned. Tracy Sutton has moved into a regular member position and Maryann Pitt is now first alternate. Staff Comments: Ben Anderson made a statement about Mr. Suazo. Public Comments: None. Minutes: No minutes this week Disclosure of Conflicts of Interest: No Conflicts. Submission of Public Notice for Agenda Items: Ms. Johnson said that notice was provided. Other Business: P&Z recommendation to City Council-Provision of required affordable housing via fee- in-lieu. Staff Presentation: Sophia Varga, Planner I Ms. Varga introduced herself and said that this is a recommendation regarding two projects that would like to pay the affordable housing mitigation with cash in lieu. Both projects are in final stages of building permit review, both are generating more than a tenth of an employee so they cannot pay cash for affordable housing mitigation by right. There were six batch requests in 2022, P&Z recommended approval and council approved all of them. She explained the purpose of the GMQS chapter, and the different ways affordable housing can be mitigated. She said there is currently a shortage of credits, and the projects are by right development, this is a path to allow them to proceed. Staff has confirmed there is a shortage of credits, the other by rights options are not reasonable due to site limitations and found the request furthers the affordable housing goals. The payment will go directly to the 150 fund and will fund affordable housing like the Lumberyard project. Staff recommends that P&Z recommend approval to city council. Applicant Presentation: Bill Guth Mr. Guth said it is an interesting time where the credit market has not produced anything in a while. There are some out there that have been issued and not been extinguished and are mostly being held by one person. He is in favor of the affordable housing credit program. They have tried to purchase credits and were not able to, this is a last resort for them. REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION APRIL 16, 2024 Board Questions: Mr. Gorman asked if Mr. Guth would support a streamlining of the process as it exists, in favor of electing either to pay cash or extinguish credits. Mrs. Johnson stepped in and let Mr. Guth know that as a councilman he does not have to answer that question and Mr. Gorman know that this question was not relevant to this discussion. Mr. Guth does not have to answer questions as to what he would do as a council member. Mr. Guth said he will answer in broad terms. He said there is a short term and a long term improvement that can be made and they are discussing them. Mr. Anderson said that if it is helpful he would be willing to have a discussion about why this such an issue following their decision. Mr. Martin on behalf of the 911 Waters applicant said he has been working in the city for thirty something years and the process is not efficient. He said this is one of the many things that are difficult to explain to homeowners. They thought they were going to be able to buy credits and then when the time came it was rescinded. He said anything the city can do to streamline the process would be helpful, especially since they know what the answer is going to be. Board Discussion: Ms. Sutton said it is very straightforward. All commissioners agreed. Motion: Mr. Canfield moved to approve resolution 2 series 2024, Mr. Gorman Seconded. Roll call vote: Ms. Sutton, yes; Mr. Blue, yes; Mr. Knight, yes; Mr. Gorman, yes; Mr. Canfield, yes; Ms. Benedetti, yes; Ms. McGovern, yes. 7-0 vote, motion passes. Ben Anderson gave some background on the credit program. He said for the last 10 years the program has worked how it was designed. The credits program in Aspen does not exist anywhere else in the US. It was created to encourage private sector affordable housing development. Developers can sell the credit to others that need it. In order for the credits to have value, it had to be difficult to pay fee-in-lieu. In 2021 staff found a path through the code to request fee-in-lieu to council that took away some of the obstacles, like public notice that is typical for land use cases, approvals happening by resolution instead of ordinance and reduced fees. In the last 2 years it has been pretty quiet, some of the projects that have completed had credits lined up. They are working with the City Attorneys office to find a more streamlined path. He said they are trying to find a way allow this without a code change that would undermine the credits program and the current credits out there. Ms. McGovern asked if there is a way to make people use the credits instead of holding them indefinitely. Mr. Anderson replied that has been discussed previously but the people who have those credits have projects that have land use approvals that will need the credits. REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION APRIL 16, 2024 Ms. Benedetti ask how often buy down is being used. Mr. Anderson said the difference between deed restricted and free market is so large now that it’s hard to do. Adjourn: Mrs. Sutton moved to adjourn, Mr. Gorman seconded, All in favor. Tracy Terry, Deputy City Clerk