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HomeMy WebLinkAboutminutes.council.20070228 Continued Meetin!! Aspen City Council Februarv 28, 2007 ,.- It,..,,.;,.? Mayor Klanderud called the continued meeting to order at 3 p.m. with Councilmembers Torre, DeVilbiss, Tygre and Johnson present. ORDINANCE #3. SERIES OF 2007 - Extending the Land Use Application Moratorium Councilman DeVilbiss said his goal is to be able to stand behind any legislation passed by Council. Councilman DeVilbiss said he is interested in getting the legislation correct rather than getting it done by a certain time. Councilman DeVilbiss said his deadline is the end of May before the new Council is sworn in so that a new Council does not have to start all over again. Councilman DeVilbiss said all of the proposed time may not be needed. Councilman DeVilbiss said staff made recommendations on what could be exempt from the moratorium. There are two charts on those recommendations. Councilman DeVilbiss stated he would exempt the projects where a development order has been issued so those projects can proceed. Councilman DeVilbiss stated he would not support exempting projects for which development orders have not been issued. Councilman DeVilbiss said the other issue is applications for development order submitted by, on behalf of or in partnership with a public agency. Councilman DeVilbiss said he would not support exempting the proposed project on Park Avenue because the public does not have confidence in the COWOP process or in the Council if they exempt city projects from the moratorium while the moratorium is applying to private developers. Councilman DeVilbiss said he would like to err on the side of caution and extend this moratorium to the end of May. Councilman Torre said he would like the code amendments written and adopted as soon as possible; however, it is important to do it correctly. Chris Bendon, community development department, recommended Council continue on the proposed work session schedule and use the extra month of additional public hearings on the code amendments. Bendon noted with the moratorium expiring April 23rd, there is only one public hearing scheduled. Councilman Torre said he is concemed about the approaching building season and people being able to get back to work. Councilman Torre said he would be willing to have extra meetings to expedite these amendments. Councilman Johnson asked what it means in terms of time for projects without development orders. Bendon said the projects on table 2 are in the planning review and if approved, they would be allowed to file for a building permit but could not get a building permit issued. Bendon said there is a certain amount of time between final approval and when one is ready to file for a building permit. Councilman Johnson said there is no actual effect on those projects listed on table 2 as they still have months to go in the process. "-', Councilwoman Tygre said she agrees with the importance of getting the code amendments correct. Councilwoman Tygre said she also agreed with exempting those projects that have already received a development order and not exempt those who have 1 Continued Meetin!! Aspen City Council Februarv 28, 2007 not. Councilwoman Tygre said she does not want to exempt the public/private partnerships projects. Councilwoman Tygre said she, too, is willing to have additional meetings, if necessary, to get this complete. Councilman Johnson asked if staff could have some computer modeling to show the affects of the potential code changes on zone district or development scenarios. Councilman Johnson agreed with the reasons listed for extending the moratorium to the end of May. Councilman Johnson also agreed not to exempt public/private partnership projects and concurred that projects on table 1 could be exempted. Mayor Klanderud agreed it is imperative to complete these land use code amendments before the new Council takes office. Mayor Klanderud said it is important to know where the infill code amendments will cause problems. Mayor Klanderud stated although she does not agree with the moratorium, she agreed that there are changes to the land use code that need to be made. Mayor Klanderud said it is important that the projects with development orders be exempt from the moratorium. Mayor Klanderud said she could support exempting the projects without development orders, also. Mayor Klanderud said she can support this extension request for all the reasons that have been stated and that Council work with all deliberate speed to end the moratorium as soon as possible. Mayor Klanderud said she also likes the idea of the added time being used for more public hearings. Mayor Klanderud asked for public comments. There were no comments. Mayor Klanderud closed the public hearing. Bendon outlined changes to the ordinance, changing the expiration date to May 31, 2007; changing the wording in the second bullet to "projects that have received or are eligible to receive a development order as described as the staff exhibit table 1 presented February 28th and attached hereto shall not be prohibited from applying or receiving a building permit; the third bullet point should be eliminated. Councilman DeVilbiss moved to adopt Ordinance #3, Series of2007, as amended by Chris Bendon; seconded by Councilman Torre. Roll call vote; Councilmembers Johnson, yes; Torre, yes; Tygre, yes; DeVilbiss, yes; Mayor Klanderud, yes. Motion carried. Councilman Torre moved to adjourn at 3:45 p.m.; seconded by Councilwoman Tygre. All in favor, motion carried. .~ .J&~ S. Koch, City Clerk \ 2