HomeMy WebLinkAboutminutes.apz.20021112ASPEN'PLANNING & ZONi~GEOM~SSiON ~' ,,, NoVember 12, 2002
Jasmine Tygre opened the special Planning and Zoning meeting at 4:35 p.m. in the
Red Brick Conference Room with Dylan Johns, Ruth Kmger,'Bert Myrin, Roger
Haneman and Ron Erickson present. Eric Cohen and Jack Johnson arrived at 4:40.
Staff in attendance: David Hoefer, Assistant city Attorney; Chris BendOn,
Community Development; Jackie Lothian, Deputy City Clerk.
COMMISSIONER~ STAFF and pUBLIC COMMENTS
Ron Erickson requested the signed copy of the ski/trail easement that was modified
for the construction at the TOp of Mill.
Bert Myrin said that the skating rink closure was part of the approval according to
Scott Writer. The commission disagreed.
Myrin said that the Frost duplex Was going to HPC for a lot split. The commission
discussed the lot split in relation to the P&Z denial.
Jasmine Tygre stated that she has not been able to attend the Burlingame D
COWOP meetings and asked the COmmission if another member could attend.
Ruth Kruger will be the P&Z Burlingame D COWOP representative.
Chris Bendon stated that the Civic Master plan dates were December 4th and 5th.
Bendon noted different site locations and possible relocations for various public
amenities throughout town. The commission discussed height limits, possible
sites, venues and options.
MINUTES
MOTION: Bert Myrin mOved to approve the minutes from October 22,
2002; seconded by RUth Kruger. APPROVED 7-0.
DECLARATION OF CONFLICTS OF INTEREST
None.
CONTINUED PUBLIC HEARING (09/03/02, 09/17/02, 9/24/02, 10/01/02,
10/08/02, 10/15/02, 10/22/02, 10/29/02, 11/05/02):
INFILL LAND USE CODE AMENDMENTS
Jasmine Tygre opened the continued public hearing on the Infill Land Use Code
Amendments. Chris Bendon stated that the same language was in front of City
Council tonight for the emergency ordinance: There were 2 primary elements: the
definition of demolition and the multifamily housing replacement program.
Bendon explained that the definition of demolition applied to everything in town,
single-family and commercial with 50% of the wall area remaining. The language
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ASPEN PLANNING & ZONING COMMISSION November 12, 2002
states it is above grade with structural capabilities; it clarifies doors and windows,
The multifamily housing language includes not penetrating the demising walls,
ceiling and floor members, which addresses each unit being kept in tack. Bendon
stated concerns from Greg Hills (the Galena turn around project) for the ability to
go in and clean up buildings in poor repair. Bendon said this could come under the
Community Development Director's ability to exempt this type of project from the
multifamily housing replacement process. Bendon said that City Council wanted
the City and Housing not to be exempt from these rules. Bendon said that the
Community DeVelopment Director could exempt a project from the multifamily
housing with a clean up of the process.
Bendon stated that there was a State Law that did not allow private rental rates to
be regulated by cities; the units have to be for sale. The State Statute said that only
of the city had an interest in the property could the rental rates be restricted; it was
untested if a public interest with a deed-restriction could qualify. The language
suggested was "provide a legal instrument in a form acceptable to the city attorney
that ensures permanent affordability of the units". Bendon said that this language
places the onus on the developer to provide assurance that the units remain
affordable.
Bendon said that Greg Hills brought up that there had to be a return on the
investment for the projects that needed to be refurbished; the ordinance was
created to preserve free-market multifamily buildings in town that house local
Work force. The ordinance would preserve these buildings that were "out there".
Bendon said that there could be an incentive for density in redevelopment.
Bendon said that Fonda Paterson was interested in resale allowing for a rental
provision to maintain ownership of the affordable housing units and an incentive
for long time locals that have kept affordable units in a rental pool.
Bendon stated that demolition applied to everything in town and the actions to
residential multifamily would trigger the demolition section; if there was an
increase or decrease to any unit or a conversion to a non-residential use or
penetrates a demising wall between a floor or unit. Bendon stated that Council
passed the demolition ordinance tonight with a 90-day sunset.
The commission discussed the various existing affordable housing buildings that
were not very modem or fancy but were always rented at $600.00 a month. There
was concern that this type of housing was disappearing and being replaced with
high end free-market vacant residences without the affordable housing mitigation.
The commission discussed the language requihng a developer to replace a project
with the same number of units and bedrooms. There were different kinds of
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ASPEN PLANNING & ZONING COMMISSION November 12, 2002
demolition with certain representations made and expectations~ Demolition for
residential multifamily should have different mitigation than single-family or
duplex demolition. Philosophically the commission felt that an identical
replacement with the same square footage, number of units and number of
bedrooms would not need additional mitigation, whether it be a complete
demolition, partial or remodel. The commission stated that there would be the
same pool of product. If a building were not replaced with the same number of
units or square footage the mitigation would be 60%.
Bendon provided an example of 9 1-bedroom Units being replaced with 9 1-
bedroom larger units because there was FAR available; he asked if this
redevelopment should be allowed without a mitigation penalty. The commission
agreed that should be allowed without mitigation. Demolition was the trigger
when there was a change in use in a building from a studio to 1 or 2-bedroom
units, then mitigation was required. A remodel of a building with less than 40%
replacement would not trigger mitigation.
MOTION: Ruth Kruger moved to continue the public hearing on the
Infill Land Use Code Amendments to November 19, 2002; seconded by
Ron Erickson. APPROVED 6-0.
The commissitm adjourned at 6:55 p.m.
f~kie Lothian, Deputy City Clerk
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