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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 Zoom Meeting Instructions Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join: https://us06web.zoom.us/j/82056459822? pwd=T3kzbEpBQ3VUa1FoOGdrWUcwaTl3UT09 Passcode: 81611 Or join by phone: Dial: US: +1 346 248 7799 Webinar ID: 820 5645 9822 Passcode: 81611 International numbers available: https://us06web.zoom.us/u/kciGItyZA9 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