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RECORD OF PROCEEDINGS
REGULAR MEETING
PLANNING AND ZORING COIUIISSIOR
DEC.). 1985
Chairman Welton Anderson called the meeting to order at 5:03
p.m. with Commissioners' Roger Hunt, Jasmine Tygre, David white,
Jim Colombo (arrived late), and Ramona Markalunas (arrived late)
present.
COIUIISSIORERS' COIUlENTS
Hunt asked what was happening with the idea of a residential parking
control plan so that streets can be cleared of snow in the
daytime. Jay Hammond, Engineer, was not present, therefore, no
answer was given.
MIlIDTES
October 22. 1985: Tygre cor rected the word "accept n on page 1
second paragraph of Commissioners' Comments.
Hunt moved to approve the minutes of October 22, 1985 as corrected,
Tygre seconded. All in favor; motion carried.
SCHWARTZ POD EXEMPTION
Steve Burstein, planner, explained the request to build a garage
on the south east portion of the property, and outlined the area
on the plans. Burstein said the Planning Office feels it is
reasonable to exempt this from the PUD process as there are no
particular growth or environmental impacts. Burstein noted the
set back in the R-30 zone is 10 feet instead of 5 feet.
Motion:
Hunt moved to determine that the proposed development is exempt
from compliance with Article VIII of the Municipal Code, Planned
Unit Development, provided the set back requirements are honored;
Tygre seconded. All in favor; motion carried.
CONTINUED PUBLIC HEARING
STREAM MARGIN CODE AMERDMER'I'S
Chuck Roth, Engineer, explained that Ordinance '85-62 was developed
in order to satisfy the Federal Emergency Management Agency
requirements for Flood Hazard area development in order for the
City of Aspen to maintain its participation in the National Flood
Insurance program. Mr. Roth explained the changes that have been
made to 3 sections of the code; Chapter 7 changing the UBC, the
Subdivision section of the Municipal code, and the Stream Margin
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RECORD OF PROCEEDINGS
PLANNING AND ZONING COIUIISSION
DEC.3. 1985
review section of the Municipal code.
Hunt commented that in the review criteria section it reads "the
Planning and Zoning Commission shall consider the following
guidelines and standards" then later it says "shall impose the
following conditions for permit approval". Hunt thought it
should read "and shall impose the appropriate conditions for
permit approval" because these are guidelines and not conditions
of every project. Alan Richman, Planning Director, said the City
Attorney had spent a lot of time on the language of this Ordinance
to deal with the areas the FEMA people were requesting to meet
their requirements.
Mr. Roth explained other new additions and changes made (outlined
in Ordinance '85-62).
Anderson opened the public hearing. There were no comments so
the public hearing was closed.
Motion:
Tygre moved to recommend approval of
as submitted, Markal unas seconded.
favor; motion carried.
Ordinance #62 Series of 1985
Hunt opposed, all others in
PUBLIC BEARING
EMPLOYEE BODSING CODE AMENDMENTS
Alan Richman, Planning Director, said he would like to address
the employee housing 1 issue at a time (as outlined in the
Planning Office memorandum dated December 3, 1985).
Issue .1 deals with conversion of existing units. Current policy
allows conversion as a way of meeting the housing requirement, and
encourages that option above actual production by awarding 5
points in each of the scoring systems based on the percentage of
employee housing that is provided through conversion. Mr. Richman
thought it reasonable to el iminate the points that are being
awarded in that area. Mr. Richman said the Housing Authority
agreed. Richman added he thought it should be a project decision
rather than a public policy decision even though there is a
benefit, in terms of growth rate, to have conversion. The Planning
Office is recommending the elimination of points but the continu-
ation of the option.
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PLANNING ANn ZORING COIUIISSION
DEC.3. 1985
,
White commented he thought this was long over due. Tygre disagreed,
saying there were advantages to conversions of existing units to
deed restricted because in most cases it is the most expeditious
way of making sure project employees are actually housed at the
same time as growth impacts the project may have. Tygre said
there were certain situations where it was to the advantage of
the community to have free market units suitable for conversion
to be made convertible.
Colombo said he thought there was a disincentive here for renovation
of existing structures. The equity and cost for conversion
versus new construction will be high. If there are no points
awarded for conversion then sometimes it will not justify the new
construction which means we will end up with older units that will
not be converted or remodeled. Richman said that was a concern
of the Housing Authority as well. They felt that conversion was
so much more attractive economically that the City would not have
to push people towards that option. Conversion will still be
allowed there will just be no bonus points given for it.
Anderson opened the public hearing.
Richman explained issue '2, the Cash in Lieu option. Richman
said the County had adopted this plan earlier. Richman said it
was being brought back at this time because of what had been faced
with the Aspen Mountain Lodge PUD. Richman said that was an
indication that applicants are having a more difficult time
finding successful sites in the city where employee housing
programs can be done. Additionally, no one in the community has
addressed the continuing need for student housing in the summer
and employee housing in the winter, on a seasonal basi s. The
Hous ing Author ity would 1 ike to have language to allow them to
get into that type of project and they see cash in lieu as a way
of doing that. The proposal being presented is essentially the
same language as the county is using.
Hunt said he thought the cash in lieu was what he would consider
an easy cop-out for the developer of a property because they will
have to invest virtually no capital to produce a unit. White
agreed. Jim Mollica, Housing Authority, said this offers another
option to the developer. Hunt said with this system there is a
great disincentive because there are no capital costs, therefore,
we will see no employee housing on site anymore. Additionally,
there is no incentive to actually produce the housing. Mr. Mollica
said what is gained by this option is the abil ity to use monies
to meet specific community needs. Hunt asked if the Housing
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PLANNING AND ZONING COIUIISSION DEC.3. 1985
Authority was going to have 1 employee unit for every $20,000 of
subsidy. Mr. Mollica replied yes.
White said with cash in lieu he did not see any way units would
be built unless the City builds them. In addi tion, the money
paid for housing is not restricted to the building of units but
goes to the Housing Authority and can be used for planning,
sites, salaries, etc. White also commented that developers have
not been building housing because they have continually been given
some way out. White did not see any benefit in getting employee
housing built with cash in lieu. Tygre agreed with white, that
the cash in lieu option is so attractive that it is avoiding the
idea that development should pay for itself or should mitigate
its own impacts. This proposal takes the Administrative problems
of providing housing and places them on the City rather than the
developer. Ms. Tygre thought these problems were something that
each individual developer should address.
Colombo said he agreed with the concept thinking instead of
having sporadic suggestions of solutions by individual developers
there is an opportunity for a holistic approach to the entire
problem. Colombo said he did not see a vehicle to accomplish this
concept but thought it was a good idea. Richman said the Housing
Authority was working on a vehicle to accomplish this right now.
Mr. Mollica commented that there would not be 1 vehicle that would
fit all situations.
White said he did not see a benefit in taking the developer out
of the employee housing business and putting government in that
position. Richman said this would only be an option, which gives
more choices. Markalunas said she also had a problem with
government being in employee housing because they don't house
their own employees. She thought the City should be in the same
position as any other developer. Markalunas also questioned how
the cash in lieu fund would function? Totally at the will of the
Housing Authority with input from City Council? Richman responded
that the Housing Authority would come forward to City Council
with recommendations and City Council would be the final decision
making body.
Hunt said he had a problem with the wording "in lieu" because
it means "instead of" which he thought conceptually was bad. He
did not have a problem with a developer paying instead of building
a piece of property but thought the concept it should go towards
was that the payment go toward the production of housing, not in
lieu of housing. Hunt thought a better mechanism to accomplish
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RECORD OF PROCEEDINGS
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PLANNING ANn ZONING COIUIISSIOR
DEC.3. 1985
this would be to create a pool of employers that pay for the
development of an employee complex, which also entitles the
developer to a bid in the development, becoming more of a
cooperative. In this way the developer has to produce some of
the capital money as well. Hunt said he did not like the mechanism
proposed tonight because there was no incentive to produce housing
on the part of the developer who is creating the need for the
housing.
Colombo said he agreed there was a looseness in the wording of
the proposal and that there was no historical indication that this
could be administered correctly but thought it was the right
solution if the terminology could be brought together. Anderson
agreed and commented that awful proposals had been submitted
over the past few years and to have another vehicle providing
flexibility would be an advantage.
Tygre commented the point was not to make money f or the Ci ty
but to provide employee housing in time to mitigate the impacts
of development.
Richman explained issue #3 (outlined in the Planning Office
memorandum dated December 3, 1985) and reviewed the wording
change for code. Richman said basically if there is going to be
allowed off-site housing the Commission needs specifics as to
what type of units are being proposed. Anderson agreed with the
revi sion.
Ann Bolin, Housing Authority, said they would also like to
include the level of upgrade, as part of this off-site housing
issue, so that the Housing Authority can require fresh paint,
decent carpeting, working appliances, etc. Richman thought that
was a good suggestion and White agreed.
Richman explained issue #4, reduction of points. Richman said
with the adoption of issue #1 there are 73 points available in
residential, half of them in the areas of employee housing.
By providing so many points in the area of housing the Commission
is basically mandating that people buy as many points as they
can in the area of housing. You end up with a Growth Management
System which legally can only be sustained on the basis of
services, being scored on the basis of housing. There are people
winning their allotment but hurting the community in terms of
services. Richman said he was convinced there were too many
points being provided in the housing area. Richman added that
the Housing Authority was also in favor of this issue.
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REGULAR MEETING
RECORD OF PROCEEDINGS
PLANNING AIm Z ORIRG COIUIISSION
DEC.3. 1985
'-
Tygre asked why the requirement for residential employee housing
was so much higher than for commercial or lodge. She thought one
of the earlier goals was for dispersal of employee housing
rather than the creation of more projects. One of the reasons
the high requirement was put on residential was that was the
greatest opportunity to achieve this dispersal of the employee
housing. Tygre said if that in fact was the purpose then she
would like to think further about it. White said he also thought
the requirement was placed on residential for dispersal purposes.
White said he was, however, in favor of the reduction in points.
Richman explained issue #5, repeal of the Bonus FAR for employee
housing. He did not have objections to the concept but thought
the community should get something in return. Richman said it
appeared the thing most people focus on is transportation altern-
atives and ways to meet the transportation needs. The Planning
Office is suggesting that the Commission consider an impleme-
ntation mechanism for the transportation element now being
formulated.
Anderson said he thought the FAR bonus should be obtained by
either providing employee housing on site or putting money into a
parking fund. Tygre commented that she thought the reason for the
'~. FAR bonus was to allow an applicant build a bigger building so
they could incl ude employee housing. She said she would rather
see the bonus allowed if the employee housing was provided on site.
Additionally, she would like to see another mechanism, other than
FAR, that would address the problem of oversize buildings.
White said he was in favor of allowing the FAR bonus for employee
housing on site and also liked the concept for transportation.
Anderson continued this discussion to the next meeting. The
meeting was adjourned at 6:40 p.m.
=j(~ /U JJj~11-
Kim Wilhoit, Deputy City Clerk
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