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HomeMy WebLinkAboutagenda.council.regular.20231205AGENDA CITY COUNCIL REGULAR MEETING December 5, 2023 5:00 PM, City Council Chambers 427 Rio Grande Place, Aspen I.Call to Order II.Roll Call III.Scheduled Public Appearances IV.Citizens Comments & Petitions V.Special Orders of the Day ZOOM Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join. https://us06web.zoom.us/j/84680642516? pwd=US8yaRBaXXOfBASqLgAw71LkWpWOfC.1 Passcode: 81611 Or join by phone: Dial(for higher quality, dial a number based on your current location): US: +1 719 359 4580 Webinar ID: 846 8064 2516 Passcode: 81611 International numbers available: https://us06web.zoom.us/u/kC5uoMNy (Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please limit your comments to 3 minutes) 1 1 VI.Consent Calendar VII.Notice of Call-Up VIII.First Reading of Ordinances VIIIA.Ordinance #23, Series of 2023 - Land Use Code Amendment Application Process – GMQS Demolition Allotments IX.Public Hearings X.Action Items XA.Burlingame Ranch Phase III Unit Sales Update XI.Adjournment XII.Executive Session a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's Comments d) Board Reports (These matters may be adopted together by a single motion) Staff Memo_Ordinance 23_2023.docx Ordinance__23_Series_of_2023_Demo_Allotment_Lottery (Final).docx Exhibit A_WorkSession Memo.docx BG3 Update 11.30.2023.docx Pursuant to C.R.S. Section 24-6-402 (4)(b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions; (4)(e) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators; and, (4)(f) Personnel. The specific item of discussion involves the following: 1) Ongoing Litigation: The Centennial Owners’ Association, v. The City of Aspen, et al . Case No.: 2015CV030158 and Case No.: 2017CA2099; and 2) City Manager Review 2 2 3 3 MEMORANDUM TO:Mayor Torre and Aspen City Council FROM:Ben Anderson, Interim Director, Community Development MEMO DATE:November 28, 2023 MEETING DATE:December 5, 2023 RE:Ordinance #23, Series of 2023, First Reading Land Use Code Amendment Application Process – GMQS Demolition Allotments REQUEST OF COUNCIL: Council is asked to Read and Introduce Ordinance #23, Series of 2023, on First Reading. The Ordinance would implement a Land Use Code Amendment related to the process in the application and allocation of annual Demolition Allotments. Second Reading of the ordinance is proposed for December 12, 2023. SUMMARY AND BACKGROUND: In August 2022, the first application period for the newly created GMQS Demolition Allotments, staff received applications for 13 properties requesting an allotment. Staff did not anticipate that a representative of seven of the properties would submit more than 400 separate applications for these seven properties in an effort to gain advantage within the “first come, first serve” process established in the code and more specifically described in a Preapplication Summary. Six of the properties submitted a single application, as anticipated. The confusion for staff and applicants that this situation created made clear that improvements were necessary to the application process. Since then, staff has been evaluating the trajectory of applications (including Council decisions on appeals) and Council comments and suggestions for improvements to the Demolition Allotment program. In response to the availability of two, 2024 Demolition Allotments, staff is now recommending that a code amendment to utilize a lottery be considered by Council. STAFF DISCUSSION: As proposed, the Ordinance is limited to: 1) Establishing a lottery process for the allocation of available, annual Demolition Allotments. At present, two, 2024 Demolition Allotments are available and would be subject to this proposed process improvement. If this amendment is implemented, a Pre-application summary aligned with the amended code would establish a new application process that would open on the first business day in January (this year, January 2nd) at which a 30-day application window would begin. At the conclusion of the application period, all complete and compliant applications 4 Page 2 of 2 Staff Memo, Ord. #23, Series of 2023 Demo Allotment Application Process would be issued a number, and during an open to the public process, assigned numbers would be drawn by hand and available allotments would then be issued to the selected applications by the end of February (Notice of Approval and Development Order). 2) At the policy resolution discussion on 11/28, Council added language to allow consideration in the Ordinance of increasing the available 2024 GMQS Demolition allotments by some number. Section 2 of the Ordinance creates a space for this outcome but does not propose a specific number of additional allotments. At this time, staff is not proposing any changes to the Demolition Allotment system beyond these two ideas. While there have been suggestions from Council members for other changes, staff is not prepared to include other provisions. An important reason for not including anything beyond these relatively simple changes – is that there has not been an opportunity (or direction) to hold any meaningful public outreach on this significant topic from a policy or regulatory perspective. In staff’s view, it is important to implement these limited changes to bring clarity to the 2024 application process and would recommend that Council hold a work session in early 2024 to discuss other potential changes to the Demolition Allotment program in more detail. FINANCIAL IMPACTS: N/A ENVIRONMENTAL IMPACTS: N/A ALTERNATIVES: 1) As part of Ordinance #23, Council could include other provisions in amending the Demolition Allotment program. Staff does not recommend this, however, as there has not been any public engagement on the policy or regulatory impacts within the program, nor will staff have had the opportunity to evaluate other potential provisions. 2) Council could decide not to pursue a code amendment at this time. The effect would be that the two available allotments in 2024 would be subject to the “first come, first served” process in the current code. RECOMMENDATIONS:Staff recommends approval of Ordinance #23, Series of 2023, on First Reading. CITY MANAGER COMMENTS: EXHIBIT A: Work Session Memo, June 2023 5 Ordinance #23, Series of 2023 Page 1 of 4 ORDINANCE #23 SERIES OF 2023 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE LAND USE CODE SECTION 26.470.090.C – SINGLE-FAMILY AND DUPLEX RESIDENTIAL DEMOLITION AND REDEVELOPMENT AND OTHER RELATED CODE SECTIONS AS NECESSARY WITHIN THE LAND USE CODE WHEREAS, the City of Aspen (the “City”) is a legally and regularly created, established, organized and existing municipal corporation under the provisions of Article XX of the Constitution of the State of Colorado and the home rule charter of the City (the “Charter”); and, WHEREAS, the zoning and land use powers conferred upon the City by the State of Colorado as a Home Rule Municipality empower the City to manage land use to ensure the public health, safety, and welfare; and, WHEREAS,the City of Aspen currently regulates land uses within the City limits in accordance with the Aspen Land Use Code (hereinafter "Land Use Code"), Title 26 of the Aspen Municipal Code, adopted pursuant to its Home Rule Constitutional authority and the Local Government Land Use Control Enabling Act of 1974,asamended, §§29-20-101,etseq.C.R.S; and, WHEREAS,the Land Use Code requires periodic amendments to ensure it supports adopted City policy, is aligned with the community vision, and responds to changes in community, development, technological and environmental conditions; and, WHEREAS,in Ordinance #13, Series of 2022, City Council established a new category of development allotments pursuant to the provisions of the Growth Management Quota System (26.470) that regulated and limited the demolition of single-family and duplex homes; and, WHEREAS,Ordinance #13, Series of 2022 in regulating demolition allotments, established a process for the application for and allocation of the six annual allotments granted by the code, awarding the annual allotments on a “first come, first served basis”; and, WHEREAS,Community Development staff and applicant experiences with the application and allocation of the demolition allotments provided evidence that improvements are necessary to the code established processes; and, WHEREAS,Community Development staff have proposed a process to include a lottery selection process for the allocation of annual allotments for applications that are complete and compliant; and, WHEREAS,pursuant to Section 26.310.020(A), during a regular City Council meeting on November 28, 2023, City Council approved a Policy Resolution #171, Series of 2023, granting authorization to amend Section 26.470.090.C and authorization to consider increasing the available allotments for 2024; and, 6 Ordinance #23, Series of 2023 Page 2 of 4 WHEREAS,following the passage of the Policy Resolution, Community Development staff informed the development community and the public of the proposed application process change; and, WHEREAS,at a regular meeting on December 5, 2023, City Council introduced and read Ordinance #23, Series of 2023 on First Reading; and, WHEREAS,at a regular meeting on December 12, 2023, City Council, in a properly noticed public hearing, adopted Ordinance #23, Series of 2023 on Second Reading; and, WHEREAS,the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO, THAT: Section 1: The Land Use Code Section 26.470.090.C.2.c. shall be deleted in its entirety and readopted as follows: Timing.In preparation for submission of an application for a Demolition Allotment, Applicants shall request a Pre-Application Summary from Community Development staff. Applications for a given year’s available Demolition Allotments will be accepted starting on the first business day of January and extending for a 30-day period. (the “Initial Application Period”). An application shall not be considered until determined “Complete” per Chapter 26.304. All applications submitted during the Initial Application Period and deemed Complete and Compliant with the requirements of 26.470 will be entered into a lottery with all other Complete and Compliant applications, if the number of applications exceeds the number of available permits. Lottery process . Each qualifying application submitted during the Initial Application Period will be assigned a number. Administered by the Community Development Department and witnessed by the City Clerk and the City Attorney, assigned numbers from the Complete and Compliant applications will be placed into a receptacle and drawn by hand. Available allotments will be granted to the numbers drawn by this process. Applicants and their representatives will be notified by email of the time and place of the lottery and are welcome to be present during the lottery selection. Notices of Approval and Development Orders associated with the applications selected by the lottery will be issued by the last business day in February. Excess allotments. Should a lottery process not be required or should annual Demolition Allotments remain available following the lottery process, applications may be submitted throughout the year, and following completeness and compliance review, will be approved in the order received, subject to the availability of an allotment. 7 Ordinance #23, Series of 2023 Page 3 of 4 Section 2: Section 26.470.040 Allotment Procedures, is hereby amended to increase the total number of Single-Family and Duplex Demolition and Redevelopment Allotments for 2024 to X. As four of the 2024 Single-Family and Duplex Demolition and Redevelopment Allotments have been previously granted, the number of available 2024 Allotments subject to the new process described above in Section 1 is Y. This approval does not amend the number of allotments in future years, beyond 2024. Section 3: Any scrivener’s errors contained in the code amendments herein, including but not limited to mislabeled subsections or titles, may be corrected administratively following adoption of the Ordinance. Section 4: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6: A public hearing on this ordinance was held on the 12th day of December 2023, at a meeting of the Aspen City Council at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall was published inthe Aspen Daily News, a newspaper of general circulation within the City of Aspen. INTRODUCED AND READ, as provided by law, by the City Council of the City of Aspen on the 5th day of December 2023. ATTEST: ____________________________ ____________________________ Nicole Henning, City Clerk Torre, Mayor FINALLY,adopted, passed, and approved this 12th day of December, 2023. ______________________________ Torre, Mayor 8 Ordinance #23, Series of 2023 Page 4 of 4 ATTEST:APPROVED AS TO FORM: ____________________________________________________________ Nicole Henning, City Clerk James R. True, City Attorney 9 MEMORANDUM TO:Mayor Torre and Aspen City Council FROM:Ben Anderson, Deputy Director, Community Development THROUGH: Phillip Supino, Community Development Director MEMO DATE:June 7, 2023 MEETING DATE:June 12, 2023 RE:Work Session Discussion: Demolition Allotment Application Process REQUEST OF COUNCIL: This work session’s purpose is to follow-up on the previous Council’s interest to hold further conversation on the application process for the GMQS Demolition Allotments. As part of this work session discussion, Council is asked to provide direction on any changes they desire related to the application process. With this direction, staff would return later in Q3 of 2023 with potential Land Use Code changes to implement any desired changes to the application process. SUMMARY AND BACKGROUND: As one of the outcomes of Ordinance #13, Series of 2022 (Moratorium response), Council implemented a package of new code language and regulations related to single-family and duplex demolition. Central to these changes was the use of the GMQS Allotment system to limit single-family and duplex demolition to six per year. The rationale for the demolition-related code changes emanated from comments from Council and the community related to the felt and observed impacts of development – particularly in single-family and duplex redevelopment scenarios that involved demolition. The following impacts of this type of development were identified: More modestly sized and constructed, older homes being replaced with much larger and more complex new homes. Demolition and construction waste impacts at the landfill. Neighbor noise and other impacts from intense residential construction activity. Significant employee generation impacts from initial construction and long-term maintenance and operations. The carbon impacts related to demolition, construction and long-term operations and maintenance of redeveloped single-family and duplex homes. In response to these identified impacts, staff and the consultant teams analyzed these comments against the reality of development context and potential regulatory responses within the Land Use Code. Recommendations were made for potential amendments. Exhibit A 10 Page 2 of 4 Development Allotment Application Process While certainly a topic that was debated during the adoption of Ordinance #13, it seemed clear the outcomes generated by this type of development were consistent with the purpose and origins of the GMQS allotment system. Council agreed to the policy and regulatory direction feeling that it was aligned with community expectations and the Aspen Area Community Plan (AACP) in responding to and mitigating the impacts of growth and development. During the discussion on Ordinance 13 prior to its passage, discussions were held with Council regarding the process these allotments would be issued. There were suggestions that it should be a lottery-based process. Other ideas discussed included a competition system between applications. Following this discussion, for the purposes of administrative simplicity and clarity, staff recommended and Council agreed that the application process should be based on a “first come, first serve” basis. On August 8th of 2022, staff, per Council direction made the six, 2022 allotments available. Per the process established by Ordinance 13 and then described in a PreApplication summary, staff anticipated receiving applications starting at the specified time on August 8th. Staff received applications from 13 properties, a number that was within the range of staff expectations. However, what was not anticipated was the tactic utilized by a representative of seven of the properties to submit multiple applications per property in the days and hours leading up to the opening of the application window. In total more than 400 separate applications were submitted for these seven properties. This situation obviously caused uncertainty for staff in how to fairly order the applications received for each the 13 properties. Staff determined all of the applications complete, but then took on the difficult task of evaluating data from the City of Aspen’s e-mail servers to evaluate each of the more than 400 applications received – through the lens of the requirements described in the PreApplication summary and Chapter 26.304 of the LUC, Common Development Procedures. Ultimately based on this detailed evaluation, staff determined the six properties that would receive development allotments based on the ordering of the applications – and also the six properties that would be denied (one property was pulled from the evaluated applications for other reasons). The six properties that were denied allotments appealed this decision. As part of the appeal process, Council made a decision to settle the appeal by awarding the denied properties six, multi-year allotments from the 2023 demolition allotments. As the 2023 Allotments were awarded as part of the settlement, this situation was not repeated in 2023. Staff has received five applications to date in 2023. Those applications were denied due to the unavailability of allotments. Four of those applications have appealed and the appeal will be heard at the June 20th City Council Regular Meeting. STAFF DISCUSSION: The purpose of this work session is to discussion ideas for better optimizingthe demolition allotment application process implemented by Ordinance #13. It is clear to staff that steps 11 Page 3 of 4 Development Allotment Application Process need to be taken to ensure that the situation that occurred with the 2022 Allotment applications is not repeated. However, had the tactic to submit multiple applications per property not been employed, staff believes that the 2022 process would have been much more straightforward and aligned with the outcomes imagined in the “first come, first served” application method. In considering a necessary response to this situation, in staff’s view, Council has a few alternatives available: 1) Take no action in changing the Land Use Code. This would have the effect of maintaining the method of “first come, first served” as the mechanism to accept applications for demolition allotments. This could be combined with direction to provide additional direction, rules, or requirements within the Pre Application Summary given to applicants – that would further define the parameters of the process and bring additional certainty and clarity. 2) Create a lottery system for received applications. This would require a land use code change but would likely be relatively simple to achieve. The idea would be to create a reasonable application period (example: one month). All complete applications received in this window would then be eligible within a lottery system. The lottery results would assign the awarding of the available allotments. This would require some analysis as to how to best structure a lottery process, but again would likely be a relatively straightforward and simple code amendment. Staff sees advantages to implementing a system of this type: Taking the time pressure off the application submission process. Creating pure chance as the arbiter of the properties that receive an allotment – when more than six applications are received. In staff’s view, a lottery-type response could be reasonably implemented within the LUC prior to Pre Applications going out for 2024 allotments. 3) During the Ordinance 13 discussion and the appeal process for the 2022 demolition allotments, comments were made by Council members raising ideas about a competitive system that would award allotments based on a subjective and competitive evaluation of specific review criteria and in relation to other applications received. In the history of GMQS allotments, competitive awarding used to be the norm. This system was removed more than a decade ago for several reasons. While staff could support working with Council to design a competitive program with the intent of creating competition and enhanced community outcomes, it is staff’s perspective that this would likely be a complex response that would require significant time and analysis. Crafting a fair and successful response would be a process that could possibly continue into 2024. 12 Page 4 of 4 Development Allotment Application Process In the implementation of any of these alternatives, any response would be prepared by staff and as necessary, brought forward in the typical LUC Amendment process as defined by 26.310, Amendments to the Land Use Code and Official Zone District Map. In addition to these suggestions or alternatives, staff will be prepared to discuss any other ideas that Council may have for how to best improve the application process. QUESTIONS FOR COUNCIL: 1) Is there a majority of Council members that supports one of the provided alternatives? 2) Are there other ideas, either large or small, that respond to previous Council’s desire to change the system away from “first come, first served”? CITY MANAGER COMMENTS: EXHIBITS: A. Pre-Application Summary provided for the 2022 Allotment Applications 13 MEMORANDUM To: City Council From:Sara Ott, City Manager Memo Date:November 30, 2023 Meeting Date: December 5, 2023 RE:Burlingame Ranch Phase III Unit Sales Update An up about Burlingame Ranch Phase III unit sales will be provided at the December 5, 2023 regular meeting. This agenda item is being listed as an action item, incase the Council wishes to provide any direction. It is anticipated a written update will be issued early on December 5. 14