HomeMy WebLinkAboutagenda.council.worksession.20151117
CITY COUNCIL WORK SESSION
November 17, 2015
4:00 PM, City Council Chambers
MEETING AGENDA
I. ACRA Marketing Plan and Budget Review - Power Point to be presented at the meeting
II. Review Land Use Code Revisions to Incorporate AACP Priorities including view planes
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II.
Exhibit B - Community Development Department Work Program Summary
Page 1 of 4
EXHIBIT B: CURRENT COMMUNITY DEVELOPMENT WORK PROGRAM ITEMS
Beyond the general planning services the city provides (processing land use applications, providing
walk-in services, etc), community development staff is working on the following items. Each item lists
the primary staff contact for the project, as well as the AACP Policies the work implements.
1. Rethink the Street. One of City Council’s Top Ten Goals is to assess the city’s streets in an
effort to prioritize pedestrian access and safety while ensuring they result in a “walkable city.”
This effort has been dubbed “Rethink the Street.” There are a number of departments working
together on this goal, including the Community Development Department. The inter-
departmental team is focusing on potential test projects to demonstrate longer-term changes that
could be implemented to improve walkability and connectivity. Both the P&Z and the NextGen
Commissions strongly supported continued work on this goal. Staff: Chris Bendon, Justin
Barker, Sara Adams, plus other City staff. AACP: Transportation Policy II.3
2. Uphill Economy. One of City Council’s Top Ten Goals focuses on creating a framework for
encouraging industry, events, and other economic activities tied to the “Uphill Economy." The
effort would build on the popularity of this outdoor movement by attracting events and
businesses to Aspen and the Roaring Fork Valley that can provide economic development that is
not tied to the built environment. In February 2015 the City hosted a successful uphill event and
expo that coincided with the Power of Four race. Staff proposes to continue to build on this
effort by continuing outreach with uphill businesses, with an ultimate goal of creating incubator
space or an “Uphill Innovations Center.” The NextGen Commission strongly supported
continued work on this goal, and felt it could be combined with the ongoing SCI work outlined
in number 3, below. Staff: Chris Bendon. AACP: Aspen Idea Policy I.3-4; Managing Growth
Policy I.4.
3. SCI / North Mill Planning. This effort focuses on the properties along North Mill, as well as
a rework of the SCI Zone District. The SCI properties along North Mill Street are likely
redevelopment candidates due to their age and location. The City has previously explored
rezoning options to adjust the types of allowable businesses in SCI, but this effort was met with
significant concern about the effects on existing businesses. A rezoning of the Obermeyer
properties was considered acceptable and staff initiated outreach to the property owners. A
rezoning application is pending.
The City recently completed a substantial street and storm water improvement project connected
to the work on John Denver Sanctuary. The North Mill SCI properties received minimal
attention this past year as part of the City’s BYY business goal. The City did not want to
consider zoning changes while a potential sale was in the works. Staff is not aware of any
pending sale or interest in redeveloping the property.
A deeper effort focused on these properties, and the lumber yard property, could produce an
incubator-type property for a wider range of businesses. The effort could be expanded to include
the properties along the river. The river properties could be repurposed and relate better to the
new park. This effort needs more attention if progress is expected. This is likely an extensive
work program item, but could get underway in late 2015 with anticipated completion in 2016.
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Exhibit B - Community Development Department Work Program Summary
Page 2 of 4
The NextGen Commission strongly supported the concept of an “innovation zone,” possibly
related to the Uphill Economy effort outlined in number 2, above. Staff: Chris Bendon and Sara
Nadolny. AACP: Managing Growth Policies V.1-2
4. Lodging Code Amendments. As part of AACP implementation and previous Council Top
Ten Goals, Council directed staff to study lodging and engage the lodging community in a
discussion related to the future of our lodging product. City Council recently approved the
“Small Lodge Preservation Program” that target’s Aspen’s twelve (12) remaining small lodges
and provides incentives to help them continue operating as lodges. Council has also given staff
direction to work on code amendments that would address other portions of the bed base,
including condominium development and timeshare development. Condos make up over 40% of
the city’s bed base. Staff anticipates presenting Council with draft code amendments related to
condominiums, timeshares, and vacation rentals in the fall or winter 2015. Staff: Jessica Garrow.
AACP: Managing Growth Policies IV.1-4.
5. Environmentally Sensitive Areas (ESA) Code Amendment. Staff is working on an update
to the ESA chapter of the Land Use Code. This section requires a heightened review for any
project located near our rivers and streams, within an established view plane, located near
Hallam Lake, or located within 100 feet of the 8040 elevation line. This code amendment
requires extensive work with other city departments and the development community, which has
been ongoing for two (2) years. Mapping work and other consultant work may be required to
bring the update to a conclusion. Staff had an initial check-in with the Planning & Zoning
Commission in the fall of 2014, and anticipates another check-in as well as additional public
outreach in early 2016. Staff anticipates the code amendment will be ready for public hearings
in mid-2016. Staff: Jessica Garrow. AACP: Environmental Stewardship Policies III.3 and VII.1.
6. Single-Family and Duplex Housing Mitigation. The project proposes to update the fee-in-
lieu requirements for single-family and duplex development. The proposal also would eliminate
the ADU option consistent with the AACP and previous Council and APCHA direction. The
project relies on the not yet adopted fee-in-lieu methodology developed by the Housing
Authority. While the basis for the fee would be new, the amount that an applicant would pay
does not need to be the full fee stated in the Housing Guidelines. The study is final and staff has
completed outreach on this item. City Council adopted a policy resolution; an ordinance will be
presented in August along with amendments to the cash-in-lieu rates the APCHA is working on.
Staff anticipates the work will be completed by the end of the year. Staff: Chris Bendon.
AACP: Housing Policy V.1
7. Residential Design Standards Update. The City has Residential Design Standards in place
that address all single-family, duplex, and multi-family development. These standards have not
been updated since their initial creation roughly fifteen (15) years ago. Staff is currently working
with a Boulder-based consultant as well as a local committee of architects to update the
standards. Staff anticipates completion in the late 2015 to early 2016. Staff: Justin Barker.
AACP: Managing Growth Policies III.1-2
8. Lift One Stabilization. The City continues to work on addressing repair needs at the historic
Lift 1 site. An initial assessment by an Architectural Conservator and a Structural Engineer was
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II.
Exhibit B - Community Development Department Work Program Summary
Page 3 of 4
completed last fall, and staff is awaiting construction documents for immediate repair work that
will be implemented this summer. New interpretive information will be added to the site. Staff:
Amy Simon. AACP: Historic Preservation Policies I.1-2 and III.1.
9. Permit Process Change. The Community Development Department is working on a
complete overhaul of the building permitting process, from initial pre-planning inquiries through
the issuance of a CO. This also involves conversion to a new software system and digital plans
review. This is a significant effort and involves all Community Development staff and multiple
review agencies of the City. Efforts will be ongoing though the end of the year and possibly into
2016. Staff: All of Community Development. AACP: Managing Growth Policy VIII.2.
10. Standardized Building Submission – Model B-Sheets. Based on staff’s experience with
the Model Z-Sheets (Model Zoning Permit Submissions), staff is working on a standard format
for building submittals. (A similar effort is being pursued within Engineering.) This has been
budgeted from department savings. Staff: Stephen Kanipe and Denis Murray. AACP:
Managing Growth Policy VIII.2.
11. 3D Model of Aspen. The City of Aspen began creation of a 3D massing model using
SketchUp in 2008. Since then the downtown and certain areas along Main Street have been
modeled. The city recently hired a temporary Special Projects Planner to assist with completion
of the model. Staff anticipates an updated model will be complete by the end of the year. Staff:
Jessica Garrow and Sarah Rosenberg. AACP: Managing Growth Policy VIII.1.
12. Miscellaneous Code Amendments. Throughout the year, staff keeps a “redline” version of
the code that identifies areas of the code that are confusing, contradictory, or do not address
emerging issues. These primarily focus on the calculations and measurement section of the code
– that is, how buildings, fences, etc. are measured for height, floor area, net leasable/livable, and
setbacks. The most recent update was completed at the end of 2014. Second reading on these
code amendments is scheduled for November 23rd. Staff: Justin Barker. AACP: Managing
Growth Policy VIII.2.
13. Update Historic Preservation Guidelines. The city’s Historic Preservation Guidelines
have not been updated since 2000. Staff is working with HPC on a complete re-write of the
guidelines, including the addition of a landscaping section. Staff will be presenting the
guidelines to City Council in December 2015. Staff: Amy Simon, Sara Adams. AACP: Historic
Preservation Policies II.1 and V.1.
14. Off-Street Parking Requirements. One of Council’s Top Ten Goals is to reduce traffic in
the next two years. Part of this effort involves addressing parking requirements for development.
Staff anticipates a complete rewrite of the city's off-street parking requirements. These are the
parking requirements for development and are not related to street parking or other parking
managed by the City. Staff is working with the Transportation and Parking Departments, Canary
Initiative, and Manager’s Office to ensure efforts to update the off-street parking requirements
are coordinated with other efforts in this area. The City’s parking code requires a minimum
number of parking spaces, meaning a new development is required to provide a base number of
parking, but can optionally provide as much parking as they would like. Staff questions if
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II.
Exhibit B - Community Development Department Work Program Summary
Page 4 of 4
unlimited parking associated with a development helps promote Aspen’s goals of reducing
traffic, congestion, greenhouse gases, and improving air quality. In addition, the City’s
minimum standards may be “over parking” some projects, further reducing unneeded traffic.
A comprehensive study are parking needs for different land uses may be beneficial, given the
section has not been updated in approximately 10 years. There are new trends related to land use
review of parking, including establishing a maximum parking requirement rather than a
minimum parking requirement (in an effort to encourage use of alternative transportation
modes). In addition, staff believes this is a worthwhile “next step” related to the year-old
transportation mitigation system. Staff: Jessica Garrow. AACP: Transportation Policies 1, 2,
III.1, and V.1.
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II.
Exhibit A - AACP Implementation
Page 1 of 7
EXHIBIT A: AACP WORK SINCE 2012
Since the adoption of the Aspen Area Community Plan (AACP) in 2012, there have been a
number of items reviewed and implemented by City Departments and City Council. The AACP
includes many policy priorities and a variety of policy direction on topics from growth to the
transportation to historic preservation to the environment. Every year since the AACP adoption,
City Council has prioritized various work program items from the AACP. Some items have
been made into City Council goals or processed as code amendments, while others have not yet
been selected by City Council for implementation. This exhibit outlines the AACP policies the
City has completed worked on since 2012.1
Master Plan Process – Added a new chapter outlining the process for any master plan. (Ord 31,
2012). AACP: General implementation from the overall 2012 AACP Process.
Aspen Idea Chapter:
• Uphill Economy – In 2015 the City began work to support the “Uphill Economy.” The
effort builds on the popularity of this outdoor movement by attracting events and businesses
to Aspen and the Roaring Fork Valley that can provide economic development that is not tied
to the built environment. In February 2015 the City hosted a successful uphill event and
expo that coincided with the Power of Four race. AACP: Aspen Idea Policies I.3-4;
Managing Growth Policy I.4.
Managing Growth For Community & Economic Sustainability Chapter:
• Code Amendment Process – Updated process for code amendments, allowing more Council
oversight and more immediate action (Ord 11, 2012). AACP: Managing Growth Policies
VIII.1-2.
• Downtown heights & uses – Reduced heights to 28 feet, eliminated SFR/Duplex as allowed
use in C-1, reduced allowed Free-market FAR (Ord 12, 2012), and amended heights to
address south/north sides of street, eliminated Free-market residential as an allowed use in
CC and C-1 (Ord 25, 2012). AACP: Managing Growth Policies I.6 and V.3.
• Mitigating Impacts of Development Report – Report analyzing the impacts of
development on Parks/Open Space/Recreation/Trails, Transportation, the Environment,
Affordable Housing, Construction, and Public Health/Human Services. Council chose to
move forward on Housing and Transportation. (Report issued May 2012). AACP: Managing
Growth Policies VII.1-2.
• Lodging Charrette & Report – Provided an analysis of existing conditions in the lodging
sector (Report issued August 2012). AACP: Managing Growth Policies IV.1-2.
1 While the AACP is a joint plan between the City and the County and includes potential work items for the City,
County, and community non-profits, this exhibit focuses only on the work conducted by the City of Aspen.
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Exhibit A - AACP Implementation
Page 2 of 7
• Employee Generation and Double Dipping – Updated the City’s Employee Generation
Study for commercial and lodging zones, and eliminated the so-called “double-dip provision”
in Growth Management that had allowed project to only mitigate for their highest
requirement (Ord 4, 2013). AACP: Managing Growth Policy VII.2.
• PUD/PD – A complete re-write of the Planned Unit Development (PUD) chapter, renamed
chapter to “Planned Development”, established new review criteria, Council decision on
projects made sooner in process, went from 4 required review steps to 3 (Ord 36, 2013).
AACP: Managing Growth Policies VIII.2-3.
• Subdivision & Development Documents – A complete rewrite of Subdivision chapter,
updated review criteria, established clearer requirements for development documents through
creation of a new chapter, established clearer subdivision review types (Ord 37, 2013 –
Subdivision; Ord 41, 2013 – Development Documents). AACP: Managing Growth Policy
VIII.2.
• Lodging Economics & Demand Report – Report outlining the economics and general
demand around the lodging and short-term rental sector in Aspen and other resort
communities (Report issued June 2013). AACP: Managing Growth Policies IV.1-2.
• Double Basement – Eliminated the ability to build double basements in single-family and
duplex development (Ord 31, 2014). AACP: Managing Growth Policy III.2.
• Lodge Incentive Program – Created program intended to provide incentives for existing
lodges and condominiums to upgrade, and to enable new lodging products to be developed
(Ord 19, Series 2014 – rescinded). AACP: Managing Growth Policies IV.1-4 and VII.3.
• Public Projects – Updated the COWOP Chapter to address all Public Projects and to address
state law (Ord 11, 2015). AACP: Managing Growth Policy VIII.3.
• Small Lodge Preservation Program – Created a 5-year program to assist existing small
lodges to upgrade, refurbish, and expand, in an effort to enable them to remain a lodge. (Ord
15, Series 2015). AACP: Managing Growth Policies IV.1-2.
• Downtown Residential Uses – Legalized existing free-market residential units, while
prohibiting any new free-market residential units and any expansion of free-market
residential space to address non-conforming status created by Ordinance 25, Series 2012
(Ord 25, Series 2015). AACP: Managing Growth Policies III.2 and VIII.2.
Transportation Chapter:
• Transportation Mitigation Requirements – Implemented a new system for all new
development to mitigate its new trips through TDM and MMLOS measures (Ord 8, 2014).
AACP: Transportation Primary Policies 1-2, and Policies III.1, III.3; Environmental
Sustainability Policies I.3, II.1 and II.4; Managing Growth Policy VII.2.
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II.
Exhibit A - AACP Implementation
Page 3 of 7
• Bus Stop Improvements – Remodel and updates of Rubey Park, and replacements and
updates of stops along the Hunter Creek route. AACP: Transportation Primary Policies 1-2,
and Policy I.1.
• Bus Service Improvements – Includes the remodel of Rubey Park, and ongoing efforts
including “shopping of routes,” ongoing discussions and coordination with RFTA regarding
customer and service issues, and promotion of BRT. AACP: Transportation Policies I.4 and
VI.3.
• Education and Outreach Efforts – Ongoing efforts by Transportation Department to make
more people aware of bus system and incentivize use. This has included contests,
appreciation events, and outreach and marketing to hotels. AACP: Transportation Policies
I.3 and VI.1.
Housing Chapter:
• Capital Reserves Policy – Policy development is currently in process, with timing
associated with resolution of issues at Centennial. APCHA partly funded capital reserve
studies for those HOA’s who opted in. This enabled some of the HOA’s to create capital
reserves and begin to collect the funds. AACP: Housing Policies I.1 and I.3.
• ADUs – Ongoing work to address the ADU option for housing mitigation. AACP: Housing
Policies II.5-6.
• AH Credits Conversion – Provide a system of conversion between categories (Ord 32,
2012). AACP: Housing Policy III.2.
• Non-mitigation units – APCHA and City continue to work on ways to partner on housing
and increase community involvement in creation on non-mitigation housing. This includes
ongoing discussions with Habitat for Humanity, continued refinements to the Housing
Credits Program, and RFPs for the City’s land-banked properties. AACP: Housing Policy
III.2.
• Housing Guidelines – Updated Housing Guidelines to make them easier to understand and
to include new procedural information (anticipated effective date August 2015). AACP:
Housing Policy V.1.
• Community Outreach and Engagement – The Housing Office has provided a number of
seminars and other educational opportunities for homeowners, including information on
CCIOA. AACP: Housing Policies I.4 and V.1.
• Management and Enforcement – Increased audits and inventorying of each unit as to
household size, employment, etc. Increases in qualified tenants. AACP: Housing Policy V.2.
P9
II.
Exhibit A - AACP Implementation
Page 4 of 7
• AH Credits Update – Update program to limit creation of affordable housing credits to
private sector developers, to full units (no dorm units), to within city limits, to Categories
with cash-in-lieu figures in the Housing Guidelines, and to address the creation of fractional
credits in mixed-use buildings (Ord 34, 2015). AACP: Managing Growth Policy VIII.2 and
Housing Policies IV.2 and V.1.
Parks, Recreation, Open Space & Trails Chapter:
• Park Acquisitions – Acquired a number of parcels for both active and passive parks,
including the Dolinsek property, the Lindsey parcel, and Smuggler Mineral Rights. AACP:
Parks Policies I.1 and III.2-3.
• Park Balance – Continue to maintain a balance between active recreational parks and
passive parks, this has included efforts at Ajax Park, Pioneer Park, Bugsy Bernard Park, and
Garrish open space. AACP: Parks Policy I.2.
• Recreation Business Plan – The Recreation Department is working on an update to their
business plan. AACP: Recreation Policies II.1-2.
• Protecting Open Space – Implement improved noxious weed management, enforcement of
illegal camping, and clean-up efforts at Cozy Point. AACP: Parks Policy III.1, and
Environmental Stewardship Policies VI.1 and VII.1.
• Trail Improvements – Implemented trail enhancements and new connections, including
Cozyline, Airline, Ditchline, Deer Hill trail, Burlingame connector, Hummingbird traverse,
Lollipop extension, and Hunter Creek Extension. AACP: Parks Policies IV.1 and IV.3.
• Regional Trail Planning – On going work on the Upper Roaring Fork trails plan (draft
expected September 2015), and coordination with multiple jurisdictions on trail planning,
including Pitkin County, US Forest Service, Snowmass Village, and Aspen Skiing Company.
AACP: Parks Policy IV.2.
• Community Outreach – Enhanced communications and outreach efforts regarding city
parks, open space, trails, and recreation, including online surveys, new summer and winter
trail maps, new Smuggler self-guided tour map, and a new Nordic website. AACP: Parks
Policy V.1.
Environmental Stewardship Chapter:
• Greenhouse Gases – GHG emissions were down by 7.4% in 2014 from the baseline year.
Voluntary programs exist to encourage energy reduction. AACP: Environmental
Stewardship Policies I.1-4 and V.1-5.
• Complete Streets – Adopted and implemented a “complete streets” policy that encourages
street design for all form of transportation, including bikes and pedestrians. Implementation
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Exhibit A - AACP Implementation
Page 5 of 7
has included the work along the Main Street corridor. AACP: Environmental Stewardship
Policy I.3
• Air Quality Monitoring – Participate in the Colorado State Patrol’s biannual Heavy Duty
Diesel Vehicles safety checks, including performing emissions checks on all trucks to
determine if they meet state air quality standards. Conduct weekly vehicle idling
surveillance throughout the winter. Provide air quality trainings to all new RFTA bus
drivers. AACP: Environmental Stewardship Policy II.1
• Ozone Monitoring – Implement updated air quality monitoring system to provide accurate
real-time data to the public. Real-time ozone and particulate data in both a health based form
as well as raw form is available at www.aspenairquality.com. AACP: Environmental
Stewardship Policy II.1-2.
• Stormwater Updates –Urban Runoff Management Plan (URMP) requires all development
sites to treat stormwater runoff with a preference for on-site treatment. Larger scale
community projects have also been completed to help treat water in the rivers, including at
Rio Grande Park and the John Denver Sanctuary. AACP: Environmental Stewardship
Policies III.4, III.6 and III.7.
• Trash & Recycling Requirements – Updated requirements for trash and recycling for all
use types (Ord 13, Series 2013). In addition, the city has been working with Pitkin County
and Waste Management staff to encourage use of the Rio Grande Recycling Center. AACP:
Environmental Stewardship Policy IV.1.
• Bag Ban – Instituted a ban on plastic bags in May 2012. The Bag Bank program continues
to offer free reusable shopping bags to residents and visitors through 12 different locations.
Environmental Health staff has also been training the checkout personnel at the two grocery
stores to ensure they are complying with the Waste Reduction Ordinance. AACP:
Environmental Stewardship Policy IV.1.
• Composting – The City’s Environmental Health Department and Pitkin County Solid Waste
Center were awarded a $200,000 grant from the Colorado Department of Public Health and
Environment to expand the compost collection program (SCRAPS). Funds from this program
are making a wider array of curbside collection containers available to residents and
businesses at no charge. AACP: Environmental Stewardship Policy IV.1.
• Deconstruction Requirements – Instituted a tracking and reporting system as part of the
Construction Management Plan process to track the amount of deconstruction and to
encourage reuse and recycling of materials. Approximately 60% of the total waste brought
to the landfill is diverted. 63% of the waste brought to the landfill is Construction and
Demolition waste. This has helped in efforts to increase the life of the landfill. AACP:
Environmental Stewardship Policy IV.2 and IV.4
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Exhibit A - AACP Implementation
Page 6 of 7
• Snow Storage Requirements – The Engineering Department has updated requirements to
address snow storage requirements, requiring a minimum functional area of 30% of the
paved area to be provided for snow storage on site. Detached sidewalk requirements also
provide areas for snow storage. AACP: Environmental Stewardship Policy IV.3
• Aspen Electric Utility – Aspen Electric has achieved 100% renewable energy. AACP:
Environmental Stewardship Policy V.1-2
Historic Preservation Chapter:
• Historic Districts – Clarified that non-historic properties located within a Historic District
are subject to the City’s historic preservation requirements. (Ord 33, 2012). AACP: Historic
Preservation Policy II.1.
• AspenModern Website – Implemented website dedicated to Aspen’s Post-WWII era
properties. The website was completed in April 2014 and includes information on each style
of architecture and each architect modern properties (http://www.aspenmod.com/) Staff
continues to update the website as new properties are designated. AACP: Historic
Preservation Policies I.1-2.
• AspenVictorian Website – Implemented website dedicated to Aspen’s Victorian era
properties (http://aspenvictorian.com/). The website went live in September 2014, and
continues to be updated with information. AACP: Historic Preservation Policies I.1-2.
• TDRs – Expanded TDR landing sites by allowing up to 3 TDRs on large lots (Ord 33, 2014).
AACP: Historic Preservation Policies II.2-3; Managing Growth Policy III.3.
Lifelong Aspenite Chapter:
• Childcare Access – Kids First has ongoing efforts to ensure affordable child care is available
to residents and workers, including offering financial aid above the Colorado Childcare
Assistance Program maximum income. In 2014, 81 families received childcare financial aid,
with an average award of $31.93 per day. All the families live or work in Aspen. Kids First
financial aid serves approximately 15% of the total children enrolled in licensed childcare in
Pitkin County. AACP: Lifelong Aspenite Policy I.1.
• Early Childhood Mental Health – Kids First provides early childhood mental health
consulting in the childcare programs; services include developmental screenings, behavioral
challenges, emotional challenges, and family concerns. Their consultant (MA, LPC) also
provides parent training and coaching sessions for childcare staff and families on social –
emotional development. AACP: Lifelong Aspenite Policy III.1 and III.4.
• Nurse Consulting Services – Kids First provides Nurse Consulting to the childcare
programs that includes topics such as safety, nutrition, disease prevention, immunization
policy and procedures, and medication administration. Their registered nurse also offers child
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Exhibit A - AACP Implementation
Page 7 of 7
dental, vision and hearing screenings, as well as teaching CPR and First Aid to childcare
staff. AACP: Lifelong Aspenite Policy III.1, III.4, and III.5.
• Continuing Education – Kids First offers scholarships and incentives to childcare staff to
attend college courses to advance their learning in early childhood education. In 2014 over
70% of all staff working in licensed childcare programs took at least one 3-credit college
course. AACP: Lifelong Aspenite Policy IV.1.
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Council Goal 2 – AACP Implementation Work Session
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MEMORANDUM
TO: Mayor and City Council
FROM: Jessica Garrow, Long Range Planner
THRU: Chris Bendon, Community Development Director
MEETING DATE: November 17, 2015
RE: Implementing the AACP into the Land Use Code
SUMMARY: One of City Council’s Top Ten Goals is to “Reconcile the land use code to the Aspen Area
Community Plan so the land use code delivers what the AACP promises.” This work session is intended
to prioritize AACP policies so staff can work to better incorporate them into the Land Use Code.
Staff has hired land use consultant Bob Schultz to assist in identification of implementation priorities.
He met with Council members in October to discuss each member’s initial thoughts about this goal.
Based on the comments in those meetings, it appears the major areas of focus for City Council involves
the look, feel, and design of downtown buildings, and the design review process. Secondarily,
commercial mix and uses were identified. Using this background staff has worked with Bob to identify
major topic areas for discussion at the work session. Council is asked to discuss and prioritize each
topic area so it can be translated into the Community Development Department’s work program.
BACKGROUND:
The AACP includes nine different Chapters, each with a Vision, Philosophy, and set of Policies. The
“West of Castle Creek Corridor” chapter is essentially a County-only Chapter. They have moved
forward on a master plan for that area, which the City participated in, but no other City implementation
is anticipated at this point since the area is predominantly in County jurisdiction. There are also a
number of suggested Implementation Steps in the AACP Appendix. These are intended as a guide as
Council determines what Policies should be implemented, but they should not be considered a hard and
fast list of how various Policies can or should be implemented. For instance, in the Aspen Idea Chapter
the main implementation has been around the Uphill Economy efforts, which are not in the AACP
Implementation Steps because the idea emerged after the AACP was adopted.
A copy of the 2012 AACP is available online at:
http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Long%20Range%20Planning/FINAL%20AA
CP%202.27.2012_reduced.pdf. Contact Jessica if you need a new hard copy of the AACP.
It is important to note that Council has been using the AACP as a guide for the Community
Development work program since its adoption in 2012. This has resulted in a number of substantive
code amendments to implement the AACP, including the downzoning of the CC and C-1 zone districts,
the removal of the “double dip” provision in Growth Management1, the creation of a Transportation
1 This provision enabled a developer to mitigate only for the largest employee mitigation requirement. The code change
requires all employee mitigation to be provided.
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Mitigation System (TIA Guidelines) and the Small Lodge Preservation Program. A full list of
implemented items is attached as Exhibit A. Part of the yearly work program review has resulted in
certain items being prioritized over others. For instance, Council was interested in examining parking
requirements in 2013, but decided to hold off until the transportation mitigation system was
implemented. Earlier this year, Council added parking back to the department’s work program because
of the successful creation and implementation of the City’s TIA Guidelines. Similarly, in past
prioritization discussions Council decided not to prioritize certain items, including an examination of
house size limitations and amendments around food systems.
This work session, while focused on implementing the AACP, serves as another opportunity for Council
to examine and update the Community Development Department’s work program. The existing work
program, as reviewed by Council in July, is attached as Exhibit B. A follow up work session may be
needed to determine if certain existing work program items are postponed in order to focus on additional
work identified tonight.
SUMMARY: Below is a list of potential code amendments that would implement policies in the AACP
which are based on the themes from Council’s discussions with Bob Schultz. This is also in matrix
format in Exhibit C. It should be noted that the following items will need to be prioritized to determine
what is implemented first. Part of the work session will be dedicated to this exercise. Following the
November 17th work session, staff will return with a complete scope of work, and expected time and
financial commitment for each prioritized item.
DESIGN CONSIDERATIONS:
• Commercial Design Guidelines Update – A comprehensive update to the Commercial Design
Guidelines was completed in 2007 as part of the moratorium2, but no substantive updates have
been made since. The Guidelines should be updated to reflect the most recent code changes,
particularly in the CC and C-1 zones, which have been downzoned since the Guidelines were
written and adopted. Updates to the guidelines will implement AACP Managing Growth Policy
V.3, which calls for development that “…reflects our architectural heritage in terms of site
coverage, mass, scale, density and diversity of heights…”
• Residential Design Guidelines Update – This update is currently underway, and is anticipated
to be ready for final Council review in December/January. Updates to the guidelines will
implement AACP Managing Growth Policies III.1 and III.2, which call for “Protect(ing) the
visual quality and character of neighborhoods by minimizing site coverage, mass and scale, “ and
“Control(ing) the location and limit(ing) the mass and scale of homes…”
• Viewplane Regulation Updates – The City’s viewplane regulations were adopted in the mid-
1970s, and the requirements have remained substantially similar since. The review criteria for
encroachments in the viewplanes is subjective and review board have requested clearer
requirements. In addition, because a comprehensive review has not been conducted in the 40-
year history of viewplanes, it is worthwhile to review the existing viewplanes and determine if
new ones should be identified, or if existing ones should be retired. Updates to the viewplane
regulations will implement AACP Managing Growth Policies IV.4 and V.3, which call for
2 A moratorium was implemented in 2006 and lasted until 2007 to review and significantly change the so-called Infill Codes
passed in the early 2000s.
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zoning and land use processes to result in commercial and lodging development that is
“compatible and appropriate within the context of the neighborhood” and that “reflects our
architectural heritage, as well as AACP Managing Growth Policy VIII.2 which call for
“Creat(ing) certainty in zoning and the land use process.”
• Public Amenity Regulations – The City’s Public Amenity requirements have been in existence
since the mid 1970s, beginning as “Open Space Requirements.” They have been updated
numerous times, with the last update occurring as part of the 2007 moratorium. Review boards
have requested an examination of the regulations to ensure they achieve meaningful spaces.
Updates to these regulations will implement AACP Managing Growth Policy V.3, which calls
for development that “…reflects our architectural heritage in terms of site coverage, mass, scale,
density and diversity of heights…”
• Off Street Parking Updates – One of Council’s Top Ten Goals is to reduce traffic in the next
two years. Part of this effort involves addressing parking requirements for development. Staff
anticipates a complete rewrite of the city's off-street parking3 requirements as part of this
process. The City’s parking code requires a minimum number of parking spaces, meaning a new
development is required to provide a base number of parking, but can optionally provide as much
parking as they would like. Staff questions if unlimited parking associated with a development
helps promote Aspen’s goals of reducing traffic, congestion, greenhouse gases, and improving
air quality. In addition, the City’s minimum standards may be “over parking” some projects,
further reducing unneeded traffic. This is an on-going work program item that is expected to
take 18-24 months. Updated to these regulations will implement AACP Transportation Policies
1, 2, III.1, and V.1.
• House Size Limitations – House size limits have not been changed in at least fifteen (15) years.
Council may be interested in examining the height, floor area, setback, and site coverage limits
for residential neighborhoods. These changes would implement AACP Managing Growth
Policies III.1 and III.2, which call for “Protecting the visual quality and character of
neighborhoods by minimizing site coverage, mass and scale, “ and “Control(ing) the location and
limit(ing) the mass and scale of homes…”
• Other – Council is asked to identify any other Design-related items that could be worked on to
implement the AACP.
REVIEW PROCESS: All of the items listed below will implement AACP Managing Growth Policies
VII.1 and VII.2, which state “Restore public confidence in the development process” and “Create
certainty in zoning and the land use process.”
• Review current zoning – During the meetings with Bob, a number of Council members
expressed interest in having a more thorough review of current zoning and how it compares to
the so-called pre-infill and infill codes. This review could occur in a work session to help inform
other AACP implementation efforts.
3 These are the parking requirements for development and are not related to street parking or other parking managed by the
City.
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• Commercial Design Review Process – The most recent amendments to the Commercial Design
Review Process added a call-up provision for City Council at the Conceptual Review level. It
may be worth examining this process in conjunction with an update to the Commercial Design
Standards.
• HP Design Review Process – Recent code amendments added review authorities to the Historic
Preservation Commission, including the review of PDs and Growth Management requirements.
This was added in an effort to eliminate some of the back and forth applicants experience
between review boards when a property is in a Historic District or is an individual Historic
Landmark. The HPC has expressed some concern with their role being expanded beyond design
review. A review and update to this process may be worthwhile.
• Residential Design Review Process – One of the common criticisms of the City’s residential
design review is the inability to get a concreate answer about any needed residential design
variances prior to building permit submittal. This process is being examined as part of the
overall Residential Design Standards update, which is anticipated to be ready for Council review
in December/January.
• Environmentally Sensitive Area (ESA) Regulation Updates – The City’s ESA chapter
establishes a heightened review for any project located near our rivers and streams, located near
Hallam Lake, or located within 100 feet of the 8040 elevation line. Council has supported
updated to these sections, as they have not been updated in at least 20 years and need to respond
to changing environmental understanding and requirements. With additional funding anticipated
as part of the 2016 budget for some technical assistance, staff anticipates this code amendment
will be ready for Council review in 2016. Implementation of these code amendments will
implement AACP Environmental Stewardship Policies III.3 and VII.1 which calls on the City to
“Maintain and preserve existing riparian habitat and wetlands” and “Sustain, protect, and restore
biodiversity and native ecosystems through land use planning…”
• Individual Renewable Energy Systems Update – The City’s land use code requires a
heightened review for certain individual energy systems. Code amendments to the process, as
well as the height allowances, for these systems may be worthwhile as a way to support the
City’s overall energy goals. Implementation of these code amendments will implement AACP
Environmental Stewardship Policy I.4 which states “All new development and uses should
minimize their greenhouse gas emissions.”
• Other – Council is asked to identify any other Process-related items that could be worked on to
implement the AACP.
HISTORIC PRESERVATION: All of the items listed below will implement AACP Historic Preservation
Policy V.1, which states “The Historic Preservation Commission’s review process should be positive,
productive and fair, with a high level of integrity, consistency, and collaboration.”
• Historic Preservation Design Guidelines Update – Staff is currently working to update the HP
Guidelines, focusing on residential additions, signage, fences, and landscaping. The current
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update does not cover work in the historic districts, as those are covered in the current
Commercial Design Guidelines. It may be worth updating those sections following completion
of the current guideline work. The current guideline work is anticipated to be ready for HPC and
Council review in late 2015 and early 2016.
• Examination of current program – Staff provided an initial overview of the City’s Historic
Preservation Program at the November 3rd work session. That work session did not explore the
current benefits and requirements for historic properties. Staff suggests that the next step in any
changes to the Historic Preservation Program begin with an examination of these items to gain
further direction on the other items in this category. This would implement AACP Historic
Preservation Policy I.2, “Improve public awareness and understanding of the City and County
Historic Preservation Programs.”
• Examine and Update TDR Program – The Review Criteria for the City’s TDR program are
based on a mathematical formula – if there is additional available floor area on the lot, that floor
area is eligible to be severed as a TDR. The Review Criteria do not address such things as if the
creation of TDRs will benefit the historic property or represent an important preservation effort.
An update could include adding context-specific criteria, coordinating TDRs with the Floor Area
Bonus, or changing the amount of floor area a TDR is worth. Updates to the TDR requirements
will also implement AACP Historic Preservation Policies II.2 and II.3, which state “Ensure that
the Historic Preservation Benefits Package encourages owners of landmark properties to
preserve structures to the highest possible degree of historic integrity while minimizing adverse
impacts to the neighborhood,” and “Encourage the use of the City’s TDR program as a method
of preserving the historic integrity of designated structures.”
• Examine the HP Floor Area Bonus – Council has expressed interested in re-evaluating the
Floor Area Bonus that historic properties are eligible for. It is awarded to projects as a way to
enable exemplary restoration and preservation efforts for historic buildings that are in disrepair.
An update to ensure it continues to meet the original intent and to potentially coordinate with the
TDR program may be worthwhile. Updates to this part of the program will also implement
AACP Historic Preservation Policy II.2, which states “Ensure that the Historic Preservation
Benefits Package encourages owners of landmark properties to preserve structures to the highest
possible degree of historic integrity while minimizing adverse impacts to the neighborhood.”
• AspenModern Incentives – The negotiation benefits for modern landmarks has been in place
since 2007. The AspenModern ordinance was adopted in 2011 and has not been updated since.
It may be worthwhile to examine updates to the benefits and requirements for these properties.
Updates to this part of the program will also implement AACP Historic Preservation Policy II.2,
which states “Ensure that the Historic Preservation Benefits Package encourages owners of
landmark properties to preserve structures to the highest possible degree of historic integrity
while minimizing adverse impacts to the neighborhood.”
• Other – Council is asked to identify any other HP-related items that could be worked on to
implement the AACP.
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LAND USES:
• Incubator Commercial - One of City Council’s Top Ten Goals focuses on creating a
framework for encouraging industry, events, and other economic activities tied to the “Uphill
Economy." A discussion around potential incubator commercial spaces that could be used by
uphill-related businesses for their testing and research is related to this goal. IN addition,
incubator commercial space to assist new upstarts may be beneficial in encouraging additional
business development in Aspen. Work on this would implement AACP Managing Growth
Policies I.4 and V.1 which state, “Identify opportunities to reduce the ‘boom-bust’ nature of the
economy,” and “Encourage a commercial mix that is balanced, diverse and vital and meets the
needs of year-round residents and visitors.”
• SCI Updates – It may be worthwhile to examine the SCI zone district to ensure it meets the
ongoing needs of the community. This was an issue raised by some council members in their
meetings with Bob. Updates to SCI will implement AACP Managing Growth Policy V.2 which
states “Facilitate the sustainability of essential businesses that provide basic community needs.”
• Updates to Condominium Regulations – Nearly 40% of Aspen’s bed base is in condominium
units. Part of the lodging work of the last few years revealed there are many regulatory barriers
that prevent these units from upgrading. It may be worthwhile to examine and update some of
these regulations, including the multi-family replacement requirements, the nonconforming
structures regulations, and calculations and measurements. Council indicated an interest in
pursuing these changes earlier this year. Updates to these requirements would implement AACP
Managing Growth Policy IV.1 which states “Minimize further loss of lodging inventory.”
• Potential new use: Vacation Residences – Part of the lodging work over the past few revealed
there may be room for a new land use type that is a blend of a residential unit and a lodging unit.
These would function similar to timeshare units, but with longer stays available. Council
expressed interest in pursuing this a year ago and may wish to pick it back up. Updates to these
requirements would implement AACP Managing Growth Policy IV.2 which states “Replenish
the declining lodging base with an emphasis on a balanced inventory and diverse price-points.”
• Other – Council is asked to identify any other Land Use-related items that could be worked on
to implement the AACP.
NEXT STEPS: Following the work session, staff will work with Council on community outreach and
code amendments to better incorporate the selected AACP policies into the land use code.
ATTACHMENTS:
Exhibit A – AACP Implementation since 2012
Exhibit B – Community Development Department Work Program
Exhibit C – Potential AACP Implementation Areas
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