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REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION OCTOBER 15, 2024
Commissioners in attendance: Charlie Tarver, Maryann Pitt, Ken Canfield, Tom Gorman, Christine
Benedetti, and Teraissa McGovern.
Staff present:
Haley Hart, Long Range Planner
Ben Anderson, Com Dev Director
Kate Johnson, Assistant City Attorney
Tracy Terry, Deputy City Clerk
Commissioner Comments: None
Staff Comments: Mr. Anderson talked about how the P&Z and Council sessions are going to start
aligning on the same night. He does not think Pearl Pass is a great room for these meetings, so he
floated the idea of moving P&Z to another day or the week.
The Board and Ben had a conversation about changing the day of the meeting and upcoming meetings
Mr. Anderson also gave an update on the Planning director. They have narrowed down to 4 candidates
who will be coming to Aspen to interview soon.
Public Comments: None.
Minutes: None
Disclosure of Conflicts of Interest: None
Submission of Public Notice for Agenda Items: Ms. Johnson said that notice was provided.
Other Business: Response to HB23-1255
Staff Presentation: Haley Hart, long Range Planner; Ben Anderson, Community Development Director
Ms. Hart gave an overview of the house bill. The request is to review and make a recommendation to
Council. This is a response to HB23-1255, titled regulating local housing growth restrictions. The goal is
to increase supply across all communities in Colorado. It preempts existing home rule regulations
(Permits & local LUC provisions) that create growth caps for residential development. Local Government
are no longer able to limit how many free-market res units are built in a year. This has to do only with
residential, nor commercial or lodging. The Aspen impact is that it invalidates annual residential
allotments within GMQS, so our resolution is removing all mentions of residential allotments within the
title.
Mr. Anderson gave the history and context to GMQS. In the 1970’s Aspen was seeing increased traffic,
new homes, new businesses, increased skier visits, increased population, and there was concern about
traffic, infrastructure, over tourism, and other things. The community started looking at how to get a
handle on it. When confronted with this bill, they had to do something. They felt if we didn’t bring this
into compliance, they saw it as a window into challenges for these other things that we do not want to
get rid of. This response is only about market rate residential, it is not about commercial or lodge, all that
remains untouched.
REGULAR MEETING ASPEN PLANNING & ZONING COMMISSION OCTOBER 15, 2024
Mr. Canfield asked in the context of a residential allotment, is it a one housing unit or a bedroom and
how is that determined. Ms. Hart replied it is one housing unit and allows a duplex with a single
allotment.
The board and staff had a discussion about FAR.
Ms. McGovern asked if this would affect the demolition allotment program. Mr. Anderson said they are
keeping demolition allotments separate from this elimination market rate residential allotments.
Ms. Hart talked about the process to get to this point. She went over the changes that were made, there
were 2 sections that had components directly mentioning residential free market allotments that they
needed to redline. One was GMQS and the majority of what needed removed is baked into the table in
the packet. They removed all mentions of residential allotments and how they might overlap in the
chapter. The second section was within P&Z duties and powers subsection, right now you have the right
to review and grant allotments, so they just removed the work residential. This targeted response does
not change policy outcomes. Staff recommends that P&Z approve resolution 10 of 2024 bringing chapter
26.470 and section 26.202.010.f into compliance with Colorado House Bill 23-1255.
Board Questions:
Mr. Canfield asked about the language of affordable housing regarding category 4 or below in the red
lines. Ms. Hart replied that was something that accidentally got eliminated during the moratorium
update to this chapter and needs to be put back in.
Mr. Gorman asked what will happen to large projects that are not finished. Mr. Anderson replied that
allotments run parallel to vesting.
Charlie left the meeting at 6:02PM
Motion:
Mr. Canfield moved to approve resolution 11 series 2024 as written; Mr. Gorman seconded.
Roll call vote: Ms. Pitt, yes; Mr. Canfield, yes; Mr. Gorman, yes; Ms. McGovern, yes; Ms. Benedetti, yes.
Motion passes 5-0.
Adjourn:
Ms. Benedetti motioned to adjourn; Mr. Gorman seconded. All in favor.
Tracy Terry, Deputy City Clerk