HomeMy WebLinkAboutagenda.apz.20251119AGENDA
ASPEN PLANNING & ZONING
COMMISSION
November 19, 2025
4:30 PM, Council Chambers
3rd Floor, 427 Rio Grande Pl,
Aspen
I.ROLL CALL
II.COMMENTS
III.MINUTES
IV.DECLARATION OF CONFLICT OF INTEREST
V.PUBLIC HEARINGS
VI.OTHER BUSINESS
VI.A Information Only Memo - P&Z Request for Long-Range Agenda
VI.B P&Z Topic Discussion for City Council
VII.BOARD REPORTS
VIII.ADJOURN
Information Only Memo_P&Z Request for Long-Range Agenda.pdf
TYPICAL PROCEEDING FORMAT FOR ALL PUBLIC HEARINGS
1) Conflicts of Interest (handled at beginning of agenda)
2) Provide proof of legal notice (affidavit of notice for PH)
3) Staff presentation
4) Board questions and clarifications of staff
5) Applicant presentation
6) Board questions and clarifications of applicant
7) Public comments
8) Board questions and clarifications relating to public comments
9) Close public comment portion of bearing
10) Staff rebuttal/clarification of evidence presented by applicant and public comment
11) Applicant rebuttal/clarification
End of fact finding. Deliberation by the commission commences. No further interaction
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between commission and staff, applicant or public
12) Chairperson identified the issues to be discussed among commissioners.
13) Discussion between commissioners*
14) Motion*
*Make sure the discussion and motion includes what criteria are met or not met
Revised January 9, 2021
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INFORMATION ONLY MEMO
TO: Aspen Planning and Zoning Commission
FROM: Haley Hart, Senior Long-Range Planner
THROUGH: Dan Folke, Planning Director
MEMO DATE: November 12, 2025
RE: Planning & Zoning Commission Request for Long-Range Agenda
______________________________________________________________________
SUMMARY AND BACKGROUND:
On both the October 14th and 29th Planning & Zoning Commission (P&Z) meetings, a
majority of the P&Z Commission gave staff direction to bring back information on the
current Long-Range Agenda. Staff is currently working through nine code amendments,
eight of which have been opened through the formal Policy Resolution process approved
by City Council, and with one, the Short-Term Rental Program updates, scheduled for
Second Reading on 11/18. One additional item, the updated Fee-in-Lieu Schedule for
Affordable Housing Mitigation, has not yet gone through the Policy Resolution process.
Additionally, staff is working on one Long-Range policy item, the feasibility study for a
community Land Trust, which does not necessitate a Policy Resolution.
As part of the code amendment process, P&Z will provide Council recommendations via
a resolution on each topic considered.
Long-Range Agenda:
Short-term Rental (STR) Program Updates (Second Reading)
Staff presented to P&Z on August 25th, 2025, on the updates to the STR program.
Conversation among Commissioners highlighted what some members expressed to be a
lack of necessary information about permit utilization in the R/MF Zone District. After
review of staff’s presentation, memorandum, draft code amendments, and consideration
of changes proposed for the STR program, P&Z approved Resolution #08, Series of
2025, by a four-three (4-3) vote, recommending Council consideration and approval of
amending Section 26.530 Short-term Rental Regulations and 26.104.100 Definitions.
Staff intends for the STR program updates to be in front of City Council for Second
Reading on November 18th, 2025.
Special Review – Nonconformities (Policy Resolution #118, Series of 2025)
The Community Development Department frequently reviews plans for residential and
commercial projects that involve one or more dimensional nonconformities. While the
intention and desired outcomes of the provisions related to non-conforming structures in
the Land Use Code is clear (“It is the intent of this Chapter to permit nonconformities to
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continue, but not to allow nonconformities to be enlarged or expanded.”), the Community
Development Department acknowledges that the code also emphasizes, and desires,
continued use and extended lifespan for existing structures.
While staff find it fully appropriate and code consistent to subject non-conforming
properties to Special Review, new criteria need to be established for projects that are not
crossing the demolition threshold but are adding gross floor area (as done through using
floor area exemptions such as garage, sub-grade, and deck exemptions), thus enlarging
the home overall. This would give additional discretion to staff in forming a
recommendation and the Planning and Zoning Commission in making a decision on a
project. This item has been initiated for amendments by City Council per Policy Resolution
#118, Series of 2025 and staff will bring it to P&Z for input and feedback in the near future.
Residential Signs (Policy Resolution #118, Series of 2025)
City Council gave staff direction to pursue amendments to the residential sign code per
Policy Resolution #118, Series of 2025. The City of Aspen’s sign code has no provision
of regulating or restricting sign content or messaging. The City’s sign code is mainly for
the regulation of commercial signage and does not specifically call out single-family
residential or duplex yard signage outside of temporary signs and yard signs. Staff will
recommend that Council either maintain the current sign code as is or choose to not
regulate any type of signage on residential property as it relates to time, place, and
manner. This item has not been in front of City Council for a First Reading yet, but staff
anticipates it will in Q4 of 2025 or Q1 of 2026.
Banners and Flags on Main Street Light Posts and Signs Across Main Street at Third
Street Sign Code (Policy Resolution #118, Series of 2025)
Staff requested to relocate two specific sections within Section 26.510.120. - Policies
regarding signage on public property. Council approved these amendments per Policy
Resolution #118, Series of 2025. Collaboration between the Engineering team and
Community Development team have found it appropriate to relocate Section
26.510.120(c) - Banners and Flags on Main Street Light Posts and Section 26.510.120(f)
- Signs Across Main Street at Third Street Sign Code to the Engineering Code as these
two sign types are within the ROW. Engineering and Utilities have direct oversight on the
process and procedure for these ROW signs and have identified this relocation as a
necessary step to ensure further coordination with CDOT.
Fee Deferral and/or Waiver Program (Policy Resolution #118, Series of 2025)
Staff received direction from City Council on May 27, 2025, during the review of a Land
Use Case for 790 Castle Creek Drive to pursue creation of a fee deferral and/or waiver
program. Subsequently, Council approved the pursuit of creating this program via Policy
Resolution #118, Series of 2025. In the 790 Castle Creek Drive Land Use Application, the
Applicants’ representative requested consideration of waivers of building permit fees and
impact fees. Staff is currently researching existing code that may guide the creation of a
fee waiver and/or deferral program. There are three examples in the code staff is
informing this new program on, and staff is currently drafting a set of choices for Council
to consider in Q4 of 2025 or Q1 of 2026.
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Trash Enclosures (Policy Resolution #080, Series of 2024)
Staff received direction from City Council via Policy Resolution #080, Series of 2024 to
pursue amendments related to the City’s Chapter 12.10 - Space Allotment for Trash and
Recycling Storage, and its interaction within Chapter 26.575.020 – Calculations and
Measurements, which regulates trash enclosures and their location on private property.
The Environmental Health team has been working on edits to Chapter 12.10 in order to
bring greater clarity to both the development and redevelopment triggers and outcomes
in relation to the appropriate size and location of trash enclosures within the City.
Currently, there are growing challenges in keeping trash enclosures and receptacles
wildlife proof and out of the right-of-way which Engineering manages in Title 29.
Additionally, there are many obstacles for property owners created by Title 26 when
determining the location and size of an appropriate trash receptacle. This is an on-going
project within Community Development and staff intends to pursue a public outreach and
engagement campaign to understand what is necessary in pursuing these Municipal code
improvements.
Growth Management Quota System – Demolition Allotments (Policy Resolution #080,
Series of 2024)
Staff received direction from City Council via Policy Resolution #080, Series of 2024 and
further engaged City Council via a Work Session on July 14, 2025, to discuss the future
of the Demolition Allotment program. The majority of Council gave staff direction to
continue the program but recommended modifications. Topics identified by staff and
Council to consider include but are not limited to:
1. Expanding the number of annual allotments and/or “long-time local” allotments.
2. Changing the criteria for getting an allotment.
3. Giving preference in the allocation of allotments to homes that are of a certain
age.
4. Giving a weighted advantage in a future lottery selection to projects that applied
but were not selected in a previous year(s).
5. Provide additional incentives for significant renovation projects that do not
pursue demolition.
6. Streamline the process.
Staff intends to work through a set of amendments to bring to City Council for discussion
in 2026.
Certificates of Affordable Housing Credits (Policy Resolution #080, Series of 2024)
On December 12, 2022, the Community Development Department received direction
from City Council to pursue amendments to the Certificates of Affordable Housing (AH)
Credits program in support of City Council’s affordable housing goals direction from City
Council and was approved via Policy Resolution #080, Series of 2024. The goal of the
amendments would be to bring additional flexibility and incentives within the AH Credits,
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provide clarity in the application of the code provisions to the reality of the AH
development context, as well as create new opportunities for the development of
affordable housing.
Fee-in-Lieu Schedule for Affordable Housing Mitigation
The Growth Management Quota System (GMQS) requires residential and nonresidential
development, which creates the demand for new employee housing to contribute that
housing proportional to its impact. In 1985 Pitkin County and the City of Aspen first
instituted fee-in-lieu (FIL) per full-time-employee (FTE) as a tool in the provision of
affordable housing. From 2019 to 2021 Community Development Staff worked with
consultants White and Smith Planning Law Group and TischlerBise in drafting two
Affordable Housing Fee-in-Lieu Studies which sets the rate for our current mitigation
calculation.
The adopted code language in 26.470.050, specifies that a full study shall be completed
every 5 years, which will be in 2026. Staff is in the process of initiating a contract with
White & Smith Zoning Law, LLC, who created the most updated 2021 model, in order to
update the methodology and model in 2026. With recent projects such as Burlingame
Phase III and the Lumberyard, staff anticipates an updated model will more accurately
reflect the increase in costs to develop affordable housing units within the City of Aspen.
Council will be the final decision maker on the updated Fee-in-Lieu Rate Schedule once
that work has been completed.
Community Land Trust Feasibility Study – DOLA Strong Communities Grant
In 2024, the City of Aspen was awarded a grant from the Department of Local Affairs
(DOLA) Strong Communities Planning Grant Program for a consultant to provide services
to assess the feasibility, function, and development of conceptional strategies for a
Community Land Trust (CLT). The goal of this work is to assess how a CLT may coexist
with existing strategies, the 2,303 deed restricted units in the City managed by the City of
Aspen and Pitkin County’s IGA, Aspen Pitkin County Housing Authority (APCHA),
strengthen our ongoing affordable housing efforts, and research how this might expand
to affordable commercial spaces. Currently, the City has retained consultants Burlington
Associates in Community Development, LLC who are leading experts in the development
of CLT models and frameworks. This is an on-going project with a Steering Committee
made up of 10 community members with local expert knowledge of Aspen’s commercial
and housing context.
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