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HomeMy WebLinkAboutminutes.council.20070424 Continued Meetin!! Aspen City Council April 24, 2007 Mayor Klanderud called the meeting to order at 5:30 p.m. with Councilmembers Tygre, Johnson, and Torre present. ORDINANCE #9 -14, SERIES OF 2007 - Land Use Code Amendments Ordinance #9, Series of2007 - Residential Multi-family Jennifer Phelan, community development department, gave Council a summary of Ordinance #9, the changes to the ordinance based on the issues raised, and e-mails for the public records. Ms. Phelan noted the ordinance proposes a maximum size of an individual multi-family unit in the MF zone district. The proposal is to be able to increase anyone unit by a maximum of 500 square feet of net livable with the landing of a transferable development right. Ms. Phelan noted the language stating "maximum multi-family units size for properties in the Aspen infill area is 2000 square feet of net livable area and for properties outside the infill area is 2500 square feet of net livable area" and a property owner may increase individual multi-family unit size by extinguishing historic TDR certificate(s) subject to (I) the transfer ratio is 500 square feet of net livable area for each certificate that is purchased; (2) the additional square footage accrued may be applied to multiple units; however, the maximum individual unit size obtainable by transferring development rights is 2500 square feet of net livable area for properties within the Aspen infill area and 3000 square feet of net livable area for properties out the Aspen infill area, no more than 500 additional square feet may be applied/unit. (3) this incentive applies only to individual unit size, transferring development rights does not allow an increase in the floor area ratio of the lot". Ms. Phelan said this should clarify the language. What it means if someone develops a triplex in the infill area with a maximum unit size of2000 square feet, their options would be to buy 3 TDRs and land them on each unit so each unit would be able to go to 2500 square feet; buy 2 TDRs, land 500 square feet on one unit and split the other 500 square feet between the other 2 units. This code amendment states the value of each TDR is 500 square feet and that no one unit can go over the maximum size and one cannot change the overall size of the building. Councilwoman Tygre said she feels the amended language is much clearer. Ms. Phelan said this language will apply to both multi family residential zone districts. Councilman Torre asked if the FAR at 80% in the residential multi-family zone is still a deterrent against building single family or duplex structure in that zone. Alan Richman said it is still a significant deterrent. Councilman Johnson asked ifP&Z made amendments to the residential zone code changes. Ms. Phelan said no changes were requested. Councilman Torre moved to adopt Ordinance #9, Series of2007, as amended on second reading; seconded by Councilwoman Tygre. Roll call vote; Councilmembers Johnson, yes; Tygre, yes; Torre, yes; Mayor Klanderud, yes. Motion carried. Ordinance #1 L Series of 2007 - Commercial Zone District 1 Continued Meetin!! Aspen City Council April 24, 2007 Jennifer Phelan, community development department, told Council staffrecommendation is to have an overall cumulative cap in floor area ratio and individual caps on different uses permitted in the zone district. Ms. Phelan said a clarification should be added to the code that one needs to meet the commercial design review standards, to meet the individual floor area ratio for uses and that the cumulative FAR might not be achievable because of other requirements. Ms. Phelan noted lodging is currently permitted in the CC, NC and MU zone districts and at higher rates than in this amendment. Ms. Phelan said the amendment requires free market residential and lodging be at the same ratio as commercial on site. In the commercial core, the current allowed floor area ratio for lodging is 3:1 and is being reduced to.5:1 so the goal is to get commercial on the first floor in the commercial zone districts. Ms. Phelan reminded Council there is a requirement that the commercial space has to be at the same rate as the free market residential. This may result in 1/3 commercial; 1/3 residential and the affordable housing for mitigation needs to be considered so it could be 1/3 affordable. Councilman Torre said he would like to incentivize commercial more in the commercial core, like space on the second floors. Any residential downtown is eroding the commercial core. Mayor Klanderud said she likes the emphasis on commercial in the commercial core. Ms. Phelan said Ordinance #11 covers the SICII zone district and Council indicated some concern about unlimited office space for professional offices. There is the desire for incubator space for starting businesses. Council has concern about the overall uses in the SICII. Council would like staff to look at potential redevelopment and what the zoning would allow in SICII. Ms. Phelan said staff will come back and try to address these Issues. Ordinance #13, Series of2007 - Adopting of Commercial Design Standards Jennifer Phelan, community development department, reminded Council they want language included the ordinance as well as the land use code stating the design guidelines are adopted. Ms. Phelan said staff will look at how to handle height variations and the criteria to allow heights to increase. Staff will look at the first floor heights to make sure that the third floor will not be taller than the first and how that works with the overall height restrictions. Councilman Johnson brought up the requirement that buildings within 30' of historic resource have to step down 28' and what is that height limitation based on. Ms. Phelan said this is based on a two-story element, which should give relief to the historic resource. Councilman Johnson asked for more discussion about the 28' height limit next to a historic resource rather than a lower height to make it more contextual and sympathetic to the historic resource. Councilman Johnson said he feels these guidelines go a long way towards Council's goal of fine grain and context codes. Ordinance # 12, Series of 2007 - Miscellaneous Amendments Land Use Code 2 Continued Meetin!! Aspen City Council April 24, 2007 Jessica Garrow, community development department, told Council the miscellaneous code amendments do two things; make grammatical changes to make the code read clearly and clarifies language related to the moratorium, like changing "pedestrian amenity" to "public amenity". The amendment clarifies sections where an interpretation has been rendered by staff but is not yet codified. Ms. Garrow noted language that clarifies quorum when a failed motion has occurred; that a failed motion is not an action and that in order for a land use application to have an action, there needs to be a majority vote. Councilman Torre stated he does not agree that lots separated by a street are not adjacent parcels for the purpose of "if not for the separation caused by a street, alley, sidewalk". Mayor Klanderud said this applies to the stepping down next to historic resources to protect the views and the area around the historic building. Councilman Johnson said the streets are very wide and there may not be the necessity to step down if a building were across a 70' street. Ms. Phelan noted staff will clarify the issue of stepping down on adjacent properties in the commercial design guidelines. Ms. Garrow told Council the current land use code contains a definition of demolition and of partial demolition. The only land use code section that deals with partial demolition is the non-conforming section, and there have been changes that no longer require the need for partial demolition. This is a definition of demolition only. Ms. Garrow noted there is a change that states that duplex must be attached above grade. Ms. Garrow pointed out there is a change to add mixed unit building to the definition of non- unit space. There is an added definition of "landscape terrace" to clarify what a terrace is and how is qualifies in FAR count. Terraces are exempt in the FAR section because they are slab on grade and do not contribute to the mass of a building. Ms. Garrow said there is a memorandum outlining what contributes to FAR and originally gazebos were exempt from FAR. P&Z discussed this and felt that gazebos contribute to mass on a site and they felt a gazebo was like a deck or a balcony. These are outdoor amenities but when they get to 15% of the floor area, these should be counted in the FAR. Ms. Phelan noted there is an entire section on how to calculate floor area and there are exemptions, like garages off the alley. In that section of exemptions applying in all zone districts, how decks balconies, porches and stairways count is outlined. The exemption states the first 15% of decks and balconies are exempt from floor area; anything over that will count towards FAR. Councilwoman Tygre moved to continue Ordinance #12, Series of2007, to April30t\ seconded by Councilman Johnson. Councilman Johnson said he had no other issues on this ordinance. Councilwoman Tygre withdrew her motion. Ms. Garrow suggested that in Section 14 of the ordinance, "and an approved building permit" be deleted because a building permit is a development order, which makes this redundant. This will read "Any non-conforming use located in a structure undergoing 3 Con tinned Meetin!! Aspen Citv Council April 24, 2007 construction which does not constitute demolition and has an approved development shall not be considered. ." Mayor Klanderud opened the public hearing. Toni Kronberg requested more time on these ordinances because there is so much material to absorb and the material has just become available. Councilman Johnson agreed there is a lot of material, but Council is reviewing and approving one discrete piece at a time. Junee Kirk asked why not increase the exemption for gazebos or decks to 20 or 25% to get more open space. Ms. Phelan explained that would result in less open space; in order to have smaller decks or gazebos or have more count towards the FAR, the exemption would be decreased. Mayor Klanderud closed the public hearing. Councilman Johnson moved to adopt Ordinance #12, Series of2007, Miscellaneous Land Use Code Amendments on second reading; seconded by Councilwoman Tygre. Roll call vote; Councilmembers Torre, yes; Tygre, yes; Johnson, yes; Mayor Klanderud, yes. Motion carried. Councilman Johnson moved to continue Ordinances #10, 11, 13 and 14, Series of2007, to April 30th at 5 p.m.; seconded by Councilman Torre. All in favor, motion carried. Councilman Johnson moved to go into executive session at 7:15 p.m. pursuant to C.R.S. 24-6-402(4)(a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest; seconded by Councilman Torre. All in favor, motion carried. Also present at the executive session were John Worcester, Steve Barwick, Bentley Henderson and Greg Hunter. Mr. Hunter left at 8:05 p.m. Councilman Torre moved to come out of executive session at 8:10 p.m.; seconded by Councilman Johnson. All in favor, motion carried. Councilman Torre moved to continue the meeting to April 30th at 5 p.m.; seconded by Councilman Johnson. All in favor, motion carried. Council left Chambers at 8:15 p.m. 4