Loading...
HomeMy WebLinkAboutInformation Update 0622211 AGENDA INFORMATION UPDATE June 22, 2021 5:00 PM, I.INFORMATION UPDATE Community Picnic Historic Preservation Transferable Development Rights Program II.WORK SESSION FOLLOW UP 0.5% Wheeler RETT – Expanded Uses Financial Discussion 1 INFORMATION ONLY MEMORANDUM TO:Mayor and City Council FROM:Nancy Lesley,Director of Special Events THROUGH: Austin Weiss, Parks and Recreation Director RE:Community Picnic August 19, 2021, Red Brick lawn REQUEST OF COUNCIL:This is an informational memo only and no request of Council is being made at this time. SUMMARY AND BACKGROUND:The focus of the Community Picnic over the last decade has been on showcasing various City owned facilities. Over the years, the picnic has been hosted at Paepcke Park, Rio Grande Park, Aspen Golf & Tennis Club and most recently at the Red Brick Center for the Arts. Historically, the picnic has been held mid-August to early-September, determined by whatever date shows the greatest Council availability and the least conflict to other long-standing events. DISCUSSION: Once COVID restrictions began easing a few weeks ago, staff began looking at viable dates in August/September for this year’s picnic. Considerations were made to avoid Monday – Wednesday due to Council and Board meetings. The Colorado Association of Ski Towns annual meeting the last week of August as well as the lead-in to Food and Wine set up and Labor Day weekend were also viewed as less desirable time frames to host this event. Therefore, staff has circled Thursday, August 19 th to host the Community Picnic. When discussing location, every venue has pros and cons. Staff seriously considers any negative impacts a venue choice could create. In future years, staff would like to look at the new City Hall/Galena Plaza, the Aspen Recreation Center or the Aspen Golf and Tennis Club as well as other city owned facilities as potential venues. However, with the chosen date of August 19, staff believes the impacts to both those facilities would be too great this year. In a year that started out with our community being in the COVID “Red” zone, and previous fall sports and activities cancelled or postponed due to local public health restrictions, minimizing additional disruptions at either facility remains a priority. Therefore, for this year, staff would like to host the Community Picnic on the lawn at the Red Brick Center for the Arts, allowing Aspen residents access to the picnic, that for most, is within walking distance. The lawn area at the Red Brick Center for the Arts allows for table and chair set up, booths, games and, as in the past, live music. 2 It also allows us to showcase the Red Brick Facility, including, the resident artists, various non-profits, and the City’s own Recreation facilities. FINANCIAL IMPACTS: The Events Department budgets $19,000 for the Community Picnic. A few years back Council requested all food be locally sourced, therefore the spend on the food is $17,500. ENVIRONMENTAL IMPACTS: This event is completely locally sourced and falls within all of the ZGreen guidelines created for events by the City’s Environmental Health Department. 3 1 INFORMATION ONLY MEMORANDUM TO:Mayor Torre and City Council FROM:Amy Simon, Planning Director THROUGH:Phillip Supino, Community Development Director DATE:June 14, 2021 RE:Historic Preservation Transferable Development Rights (TDR) Program SUMMARY and BACKGROUND:This memo is being provided to City Council in response to questions posed to staff during recent reviews of applications to create Transferable Development Rights (TDRs). Approval to create TDRs is at the discretion of Council. The 2012 Aspen Area Community Plan (AACP)describes five decades of citizen planning contributing to the themes and goals of the community, including historic preservation. The City of Aspen first took action to preserve historic properties when the Main Street Historic District and the Commercial Core Historic District were established in the early 1970s. A handful of historic structures were individually designated as landmarks through the 1970 and ‘80s,before a more comprehensive approach was taken in the ‘90s when more than 200 historic properties were landmarked. The experience of living in and visiting Aspen has been enhanced by the City’s protection of the now 300 properties that are designated historic, 95% of which are privately owned. The pressures of development and the high value of real estate in Aspen are challenges to achieving some community goals, including preservation. Historic properties have the same underlying development rights as other comparable non-historic properties, but there are unique restrictions imposed on these sites that the City can help to offset equitably by providing some flexibility. Historic Preservation Benefits have been a fundamental component of the program for the last 40 years and were created to support property owners of historic resources in their role as the stewards of Aspen’s heritage. 4 2 As part of this approach, the City TDR Program, which was created nearly 20 years ago,allows owners of landmarks to permanently remove and sell on the free market unused residential square footage in increments of 250 square feet, so that it may be constructed on another non- designated property within the city limits. (Please note that a TDR can be landed on another designated site only for the purposes of adjusting the limits on the square footage caps for individuals uses within the allowed structure, not to increase the maximum size of the structure). It is important to recognize that the TDR program is net zero in terms of the overall amount of floor area permitted for residential development community wide. It simply moves that floor area from historic resources the community wishes to preserve to sites where the development can presumably be absorbed without significant community impact. TDRs are not the only example of this premise being used in local land use planning. Affordable housing mitigation and credits, stormwater mitigation and pedestrian amenity mitigation are all examples of City policies that may be addressed through actions on a property that is different than the one generating development. Historic resources are a valuable community asset and their continued protection is the premise behind the City’s preservation tools. TDR programs are widely used throughout the nation to incentivize and preserve community assets such as historic properties, agricultural lands, and more. For instance, Pitkin County has a TDR program, unrelated to the City’s, to relocate development rights from Rural and Remote properties. Denver provides landmark properties with “bonus” floor area to sell to other sites. Aspen’s TDR program is part of a larger package of creative preservation strategies that the City has developed. They are an ideal option for some resources, but not the right solution for others. One way they have been used has been by long-time residents who may want to access some of their equity without selling their property. Selling TDRs can help to provide immediate funding for some of the costly work that may be involved in maintain or restoring a historic structure. Several applicants have found that the value of a sold TDR is enough to motivate them to forgo any construction on a landmarked site, preserving a resource in perpetuity with no addition. This is an ideal way to maintain the integrity of the structure for the long-term benefit of the community. Establishing a TDR:Properties eligible for establishing a TDR(s) are referred to as sending sites. Sending sites include all properties within the City of Aspen designated as a Historic Landmark, on which the development of a single-family or duplex home is a permitted use. 5 3 The foundingTDR program Ordinance No. 54, Series of2003 setthefloor areaincrement of each TDR at 250 square feet. This is approximately the size of a parking space. A sending site must have unbuilt floor area of 250 square feet or more to request establishment of a TDR. Establishment of a TDR requires a recommendation from the Historic Preservation Commission (HPC) and final approval from the City Council through the adoption of a property-specific Ordinance. A deed-restriction is placed on the historic landmark property to prohibit development after a TDR certificate is issued, further ensuring preservation and commitment to the public goal of historic preservation. This process is also referred to as “severing development rights from a property.” This severance removes aggregate unused floor area from a sending site, and is not specific to certain locations on a property or elements of a building. Final calculations shall be reviewed by The City prior to the issuance of the TDR certificates. Extinguishment of a TDR: The location and number of TDRs that can be landed or extinguished on a given property is restricted by zone district. No zone district allows more than two TDRs, or 500 sq.ft. to be landed on a receiving property, however a Planned Development can allow for a different limitation on the landing of TDRs if approved by Council. Exhibit Adescribes the number of TDRs that can be landed on a property according to zone district. The landing of a TDR shall not permit the creation of a nonconforming use or structure. The Community Development Director approves the extinguishment of TDR on qualified receiver sites. Owners of TDRs must obtain zoning approval at time of building permit review to “land” a TDR on their property. CURRENT DATA & MAPPING:Data shows that establishing TDRs has been a successful incentive for property owners to landmark and preserve their historic resource properties, reducing development on these community assets by a collective 22,500 sq. ft. in established TDRs. The trend shows that creating or establishing TDRs has generally stayed ahead of landing TDRs, as shown in Graph 1 (TDRs Created vs. Landed). Of the 22,500 sq.ft. of TDRs established, 12,250 sq.ft. have been landed to date, or 54%. A property owner who receives approval to create TDRs is not obligated to follow through with the process by filing the deed restriction and severing a TDR. To date, ten approved TDRs have never been finalized with certificates. Some TDRs have transferred ownership several times and may continue to be held as an appreciating asset for some time without being landed.Based on data collected on 37 TDR salessince 2012, the average value of a TDR is $184,000, with a high sale of $275,000 in 2012 and a low sale of $150,000 in 2019. 6 4 0 2 4 6 8 10 12 2004 2006 2008 2010 2012 2014 2016 2018 2020 2022 Transferable Development Rights Created vs Landed 2006 - 2021 # Created # Landed Graph 1: Since the TDR program began, 90 TDRs have been created (shown in red) and 49 have been landed, (shown in blue). Note: Though the ordinance was adopted in 2003, the first TDRs were actually created starting in 2006. Map 1: Sending and receiving sites are well distributed throughout Aspen. To date there have been 28 sending sites and 42 receiving sites. There are approximately 238 possible sending sites and approximately 3,300 possible receiving sites. 7 5 CONCLUSIONS: TheTDR program is just one preservation tool used in the City. It has allowed an organic redistribution of a relatively small amount of development rights across a significant number of landing sites and provides necessary flexibility and incentives for historic preservation. Importantly, it also makes the community a partner in the preservation of the 285 historic resources that are of a high value to the community but the responsibility of private property owners to maintain. 8 6 EXHIBIT A TDR Zone Districts: ZONE DISTRICT TDR LANDING R-6 1 TDR/RESIDENCE; 2 TDR IF NET LOT AREA OF 9,000 SF OR LARGER FOR A SF HOME R-15 1 TDR/RESIDENCE; 2 TDR IF NET LOT AREA OF 15,000 SF OR LARGER FOR A SF HOME R-15A 1 TDR/RESIDENCE; 2 TDR IF NET LOT AREA OF 15,000 SF OR LARGER FOR A SF HOME R-15B 1 TDR/RESIDENCE R-30 1 TDR/RESIDENCE; 2 TDR IF NET LOT AREA OF 30,000 SF OR LARGER FOR A SF HOME RMF NO TDR FLOOR AREA INCREASE FOR SF OR DUPLEX; TDR = 500 SF OF NET LIVABLE AREA FOR MF UNIT SIZE RMFA NO TDR FLOOR AREA INCREASE FOR SF OR DUPLEX; TDR = 500 SF OF NET LIVABLE AREA FOR MF UNIT SIZE AH/PD LANDING TDR ESTABLISHED IN PD DEVELOPMENT PLAN R-3 NO TDR RR (SAME AS R-15) 1 TDR/RESIDENCE; 2 TDR IF NET LOT AREA OF 15,000 SF OR LARGER FOR A SF HOME CC NO TDR FLOOR AREA INCREASE TDR = 500 SF OF NET LIVABLE AREA FOR MF*UNIT SIZE C-1 NO TDR FLOOR AREA INCREASE TDR = 500 SF OF NET LIVABLE AREA FOR MF UNIT SIZE S/C/I NO TDR FLOOR AREA INCREASE TDR = 500 SF OF NET LIVABLE AREA FOR MF UNIT SIZE NC NO TDR FLOOR AREA INCREASE TDR = 500 SF OF NET LIVABLE AREA FOR MF UNIT SIZE MU NO TDR FLOOR AREA INCREASE TDR = 500 SF OF NET LIVABLE AREA FOR MF UNIT SIZE L NO TDR FLOOR AREA INCREASE TDR = 500 SF OF NET LIVABLE AREA FOR MF UNIT SIZE CL NO TDR FLOOR AREA INCREASE TDR = 500 SF OF NET LIVABLE AREA FOR MF UNIT SIZE C (SAME AS R-15) 1 TDR/RESIDENCE; 2 TDR IF NET LOT AREA OF 15,000 SF OR LARGER FOR A SF HOME A RESIDENTIAL USE NOT ALLOWED P RESIDENTIAL USE NOT ALLOWED PUB RESIDENTIAL USE NOT ALLOWED OS RESIDENTIAL USE NOT ALLOWED WP RESIDENTIAL USE NOT ALLOWED T UNDERLYING ZONING D UNDERLYING ZONING GCS UNDERLYING ZONING LO UNDERLYING ZONING LP UNDERLYING ZONING SKI ADOPTED PD EBO NO TDR *MF MAXIMUM UNIT SIZE DEPENDENT ON ZONE DISTRICT REQUIREMENTS 9 7 10 1 INFORMATION ONLY MEMORANDUM WORK SESSION MEETING DATE:June 7, 2021 FOLLOW-UP MEMO DATE:June 8, 2021 AGENDA TOPIC:0.5% Wheeler RETT – Expanded Uses Financial Discussion PRESENTED BY:Pete Strecker COUNCIL MEMBERS PRESENT:Torre, Richards, Mullins, Hauenstein, Mesirow _______________________________________________________________________ This information only memo is to help document staff’s understanding of the June 7 work session discussion. If there are perceptions that deviate significantly to what is noted in the narrative below, please let staff know. Topic 1: Staff returned to Council to present greater information around the two options last supported by the Council at a previous work session on May 3. These options were in response to Council inquiries around how to best apply the Wheeler Opera House Fund reserve wisely, without putting the Wheeler’s financial stability in jeopardy; while at the same time increasing financial support for the arts community and perhaps provide for resources for other Community programs and benefits. Both presented options would require voter input through a ballot question: Option 1 included dedicating the first $2M/yr of new 0.5% RETT collections to the Wheeler Opera House Fund, and to redirect any collections over that cap for expanded uses (with previous Council input providing childcare, stormwater, arts grants, and HHS support as the initial areas of focus). This ballot question would also include requesting voter approval on the amount of arts grants that can originate from the 0.5% RETT (currently capped at $100K). Option 5 included continuing to dedicate the full 0.5% RETT collections into the Wheeler Opera House Fund, but (like Option 1) would solely request voter approval to lift the $100K cap on arts grants from the 0.5% RETT. In tandem with the ballot question, Option 5 would encompass Council powers (through the annual budget process) to redirect earned income at the Wheeler Opera House to other City supported functions. This earned income would come from box office sales, theater rentals, restaurant and art gallery leases, and concessions. 11 2 Majority consensus. There was no actionable direction around which option to further pursue at tonight’s meeting. Rather, Council requested time to hear the needs outlined for each of the previously noted expanded use areas (childcare, healthy community and arts – with stormwater needs previously presented on) and to have that to help guide their decision making. With this however, three Council members did note that they felt a ballot question should not be rushed and that the desired timeframe would be at a regularly scheduled election, likely in 2022. Next Steps: Staff has already organized public presentations from the childcare community (June 7th), the arts community (June 15th or July 6th) and Healthy Community (June 28th). Also requested of staff was to update the Option 1 slides in the evening’s presentation to include two additional scenarios (similar to those presented under Option 5) to show increased arts grants under this scenario. These changes have been modeled and are attached to this document. In these three attachments, the Ending Fund Balance in the Wheeler Opera House Fund remains the same, and all arts grants (either the status quo of $400K/yr; gradually increasing these grants by $100K/yr until capping out at $1M; or just increasing to $1M immediately) would just be reduced from the net 0.5% RETT collections available AFTER the first $2M is deposited into the Wheeler Opera House Fund. CITY MANAGER NOTES: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ 12 Projections: Option 1 Arts Grants from Expanded Uses - Baseline 120 - Wheeler Opera House Fund 2021 2022 2023 2024 2025 2026 2027 2028 2029 Request Projection Projection Projection Projection Projection Projection Projection Projection Year 0 1 2 3 4 5 6 7 8 Opening Balance $33,702,580 $33,214,540 $31,932,450 $30,549,470 $29,202,180 $26,774,560 $25,245,120 $21,892,020 $19,642,750 0.5% RETT (up to $2M)$3,233,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 Investment Income $337,030 $332,150 $319,320 $458,240 $584,040 $535,490 $504,900 $437,840 $392,850 programming & lease rev $774,250 $935,040 $953,730 $972,760 $992,310 $1,012,190 $1,032,400 $1,053,070 $1,074,180 Transfers In (GF & Water) *$1,512,250 $704,440 $704,440 $704,440 $704,440 $704,440 $704,440 $343,760 $0 Total Revenues $5,856,530 $3,971,630 $3,977,490 $4,135,440 $4,280,790 $4,252,120 $4,241,740 $3,834,670 $3,467,030 Operating $2,993,570 $4,011,610 $4,118,030 $4,228,520 $4,343,270 $4,462,580 $4,586,570 $4,715,560 $4,849,760 Arts Grants Funding $400,000 $0 $0 $0 $0 $0 $0 $0 $0 Capital (set $500K floor)$2,286,000 $528,600 $500,000 $500,000 $1,571,800 $500,000 $2,173,720 $500,000 $500,000 Transfers Out (GF, IT, Housing)$665,000 $713,510 $742,440 $754,210 $793,340 $818,980 $834,550 $868,380 $883,750 Total Uses $6,344,570 $5,253,720 $5,360,470 $5,482,730 $6,708,410 $5,781,560 $7,594,840 $6,083,940 $6,233,510 Ending Balance $33,214,540 $31,932,450 $30,549,470 $29,202,180 $26,774,560 $25,245,120 $21,892,020 $19,642,750 $16,876,270 * Updated for partial early repayment by GF Projected 0.5% RETT in Total N/A $3,935,000 $4,132,000 $4,339,000 $4,556,000 $4,784,000 $5,023,000 $5,274,000 $5,538,000 Less Amt Dedicated to Wheeler Fund N/A ($2,000,000)($2,000,000)($2,000,000)($2,000,000)($2,000,000)($2,000,000)($2,000,000)($2,000,000) Annual Available N/A $1,935,000 $2,132,000 $2,339,000 $2,556,000 $2,784,000 $3,023,000 $3,274,000 $3,538,000 Set Aside for Arts Grants ($400,000)($400,000)($400,000)($400,000)($400,000)($400,000)($400,000)($400,000) Net Available for Expanded Uses $1,535,000 $1,732,000 $1,939,000 $2,156,000 $2,384,000 $2,623,000 $2,874,000 $3,138,000 13 Projections: Option 1 Arts Grants from Expanded Uses – Incremental Incr. 120 - Wheeler Opera House Fund 2021 2022 2023 2024 2025 2026 2027 2028 2029 Request Projection Projection Projection Projection Projection Projection Projection Projection Year 0 1 2 3 4 5 6 7 8 Opening Balance $33,702,580 $33,214,540 $31,932,450 $30,549,470 $29,202,180 $26,774,560 $25,245,120 $21,892,020 $19,642,750 0.5% RETT (up to $2M)$3,233,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 Investment Income $337,030 $332,150 $319,320 $458,240 $584,040 $535,490 $504,900 $437,840 $392,850 programming & lease rev $774,250 $935,040 $953,730 $972,760 $992,310 $1,012,190 $1,032,400 $1,053,070 $1,074,180 Transfers In (GF & Water) *$1,512,250 $704,440 $704,440 $704,440 $704,440 $704,440 $704,440 $343,760 $0 Total Revenues $5,856,530 $3,971,630 $3,977,490 $4,135,440 $4,280,790 $4,252,120 $4,241,740 $3,834,670 $3,467,030 Operating $2,993,570 $4,011,610 $4,118,030 $4,228,520 $4,343,270 $4,462,580 $4,586,570 $4,715,560 $4,849,760 Arts Grants Funding $400,000 $0 $0 $0 $0 $0 $0 $0 $0 Capital (set $500K floor)$2,286,000 $528,600 $500,000 $500,000 $1,571,800 $500,000 $2,173,720 $500,000 $500,000 Transfers Out (GF, IT, Housing)$665,000 $713,510 $742,440 $754,210 $793,340 $818,980 $834,550 $868,380 $883,750 Total Uses $6,344,570 $5,253,720 $5,360,470 $5,482,730 $6,708,410 $5,781,560 $7,594,840 $6,083,940 $6,233,510 Ending Balance $33,214,540 $31,932,450 $30,549,470 $29,202,180 $26,774,560 $25,245,120 $21,892,020 $19,642,750 $16,876,270 * Updated for partial early repayment by GF Projected 0.5% RETT in Total N/A $3,935,000 $4,132,000 $4,339,000 $4,556,000 $4,784,000 $5,023,000 $5,274,000 $5,538,000 Less Amt Dedicated to Wheeler Fund N/A ($2,000,000)($2,000,000)($2,000,000)($2,000,000)($2,000,000)($2,000,000)($2,000,000)($2,000,000) Annual Available N/A $1,935,000 $2,132,000 $2,339,000 $2,556,000 $2,784,000 $3,023,000 $3,274,000 $3,538,000 Set Aside for Arts Grants ($500,000)($600,000)($700,000)($800,000)($900,000)($1,000,000)($1,000,000)($1,000,000) Net Available for Expanded Uses $1,435,000 $1,532,000 $1,639,000 $1,756,000 $1,884,000 $2,023,000 $2,274,000 $2,538,000 14 Projections: Option 1 Arts Grants from Expanded Uses – $1M Immediate 120 - Wheeler Opera House Fund 2021 2022 2023 2024 2025 2026 2027 2028 2029 Request Projection Projection Projection Projection Projection Projection Projection Projection Year 0 1 2 3 4 5 6 7 8 Opening Balance $33,702,580 $33,214,540 $31,932,450 $30,549,470 $29,202,180 $26,774,560 $25,245,120 $21,892,020 $19,642,750 0.5% RETT (up to $2M)$3,233,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 Investment Income $337,030 $332,150 $319,320 $458,240 $584,040 $535,490 $504,900 $437,840 $392,850 programming & lease rev $774,250 $935,040 $953,730 $972,760 $992,310 $1,012,190 $1,032,400 $1,053,070 $1,074,180 Transfers In (GF & Water) *$1,512,250 $704,440 $704,440 $704,440 $704,440 $704,440 $704,440 $343,760 $0 Total Revenues $5,856,530 $3,971,630 $3,977,490 $4,135,440 $4,280,790 $4,252,120 $4,241,740 $3,834,670 $3,467,030 Operating $2,993,570 $4,011,610 $4,118,030 $4,228,520 $4,343,270 $4,462,580 $4,586,570 $4,715,560 $4,849,760 Arts Grants Funding $400,000 $0 $0 $0 $0 $0 $0 $0 $0 Capital (set $500K floor)$2,286,000 $528,600 $500,000 $500,000 $1,571,800 $500,000 $2,173,720 $500,000 $500,000 Transfers Out (GF, IT, Housing)$665,000 $713,510 $742,440 $754,210 $793,340 $818,980 $834,550 $868,380 $883,750 Total Uses $6,344,570 $5,253,720 $5,360,470 $5,482,730 $6,708,410 $5,781,560 $7,594,840 $6,083,940 $6,233,510 Ending Balance $33,214,540 $31,932,450 $30,549,470 $29,202,180 $26,774,560 $25,245,120 $21,892,020 $19,642,750 $16,876,270 * Updated for partial early repayment by GF Projected 0.5% RETT in Total N/A $3,935,000 $4,132,000 $4,339,000 $4,556,000 $4,784,000 $5,023,000 $5,274,000 $5,538,000 Less Amt Dedicated to Wheeler Fund N/A ($2,000,000)($2,000,000)($2,000,000)($2,000,000)($2,000,000)($2,000,000)($2,000,000)($2,000,000) Annual Available N/A $1,935,000 $2,132,000 $2,339,000 $2,556,000 $2,784,000 $3,023,000 $3,274,000 $3,538,000 Set Aside for Arts Grants ($1,000,000)($1,000,000)($1,000,000)($1,000,000)($1,000,000)($1,000,000)($1,000,000)($1,000,000) Net Available for Expanded Uses $935,000 $1,132,000 $1,339,000 $1,556,000 $1,784,000 $2,023,000 $2,274,000 $2,538,000 15