HomeMy WebLinkAboutminutes.council.19980112Aspen City Council Regular-Meeting January 12, 1998
ASPEN PUBLIC FACILITIES ............................................................1
CITIZEN COMMENTS ....................................................................1
COUNCILMFMBER COMMENTS .....................................................1
CONSF, NT CALENDAR ...................................................................2
Minutes - November 24, December 15, 1997 ........'. ...............................2
Resolution #1, 1998 - Posting of Public Notices .....................................2
Resolution #2, 1998 - State Income Tax Credit for Historic Rehabilitation
Projects .....................................................................................2
Resolution #3, 1998 - Property AcquisitiOn for Affordable Housing and Other
Necessary Community Facilities - 7th and Main .....................................2
Resolution # 4,1998 -Contract HVAC Purchase - Wheeler .......................2
Resolution #5, 1998 - Temporary Municipal Judge/Arthur B. Ferguson ........2
ORDINANCE #37, SERIES OF 1997 - Code Amendment GMQS ................. 2
ORDINANCE #44, SERIES OF 1997 - Barbee' Conceptual PUD ...................3
ORDINANCE #1. SERIES OF 1998 - Code Amendment - Use Square Footage
Limitations ....................................................................................6
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Aspen City Council Regular Meeting January 12, 1998
ASPEN PUBI,IC FACILITIES
Jotm Bennett, president, called ihe annual meeting of the Aspen Public facilities
to order with members Terry Paulson, Jim Markaltmas, Jake Vickery, Kathryn
Koch and Tabatha Miller present.
Councilman Paulson moved to approve the minutes of January 13, 1997;
seconded by Councilman Paulson. All in favor, motion carried.
There was no new business before the organization.
Councilman Markalunas moved to adjourn the public facilities at 5:10 p.m.;
seconded by Councilman Paulson. All in favor, motion carried.
Mayor Bennett called the Council meeting to order at 5:10 p.m. with
Councilmembers Vickery, Markalunas and Paulson present.
CITIZEN COMMENTS
There were none.
COUNCII,M'EMRER COMMENTS
1. Councilman Vickery extended sympathy to the friends and family of Robin
Molny. Molny contributed a lot to Aspen over the last 30 years.
2. Councilman Markalunas commended staff for the article in the paper and
for the idea behind the way to get home in an emergency if an employee has
ridden the bus to town.
Aspen City Council Regular Meeting January 12, 1998
3. Councilman Vickery moved to add Resolution//5, Series of 1998, Temporary
Mtmicipal Court Judge/Arthur B. Ferguson, to the consent calendar; seconded by
Councilman Paulson. All in favor, motion carried.
CONSF, NT CAI ,ENDAR
Councilman Markalunas moved to adopt the consent calendar as amended;
seconded by Councilman Paulson.
Councilman Vickery said he hopes the property at 7th and Main can be a
demonstration project using the site for transportation, revitalization of Main
street, mixed uses and housing.
The consent calendar is:
Minutes - November 24, December 15, 1997
Resolution//1, 1998 - Posting of Public Notices
Resolution//2, 1998 - State Income Tax Credit for Historic Rehabilitation
Projects
Resolution #3, 1998 - Property Acquisition for Affordable Housing and Other
Necessary Community Facilities - 7th and Main
Resolution//4, 1998 - Contract HVAC Purchase - Wheeler
Resolution//5, 1998 - Temporary Municipal JUdge/Arthur B. Ferguson
All in favor, motion carried.
ORDINANCE//37, SERrF, S OF 1997 - Code Amendment GMQS
Julie Ann Woods, community develop~nent department, told Council this code
amendment is 3 housekeeping changes to the growth management section of the
land use code. Ms. Woods noted the appeal procedure has 3 different levels.
This amendment will eliminate the first one; the aggrieved party will go directly
to the BOCC and Council. The second is that currently a GMQS application
cannot be modified except for technical issues. This amendment would allow for
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Aspen City Council Regular Meeting January 12, 1998
quality changes when there is no competition. The third change is to allow for
multi-year allocations in mixed free market and affordable housing project.
Councilman Markalunas asked who makes the determination whether a project is
"exceptional" or not. Ms. Woods said the first cut is made by the planning staff
with a set of criteria as the starting point.
Mayor Bennett opened the public hearing. There were no comments. Mayor
Bennett closed the public hearing.
Councilman Paulson moved to adopt Ordinance #37, Series of 1997, on second
reading; seconded by Councilman Markalunas. Roll call vote; Councilmembers
Paulson, yes; Vickery, yes; Markalunas, yes; Mayor Bennett, yes. Motion
carried.
ORDINANCE #44, SERIES OF 1997 - Barbee Conceptual PUD
Chris Bendon, community development department, told Council this conceptual
planned unit development is for 10 new residential units in a 70/30 affordable and
free market mix project at the base of Shadow mountain. Council questioned the
units mix at first reading. The housing authority met last week and sent
recommendations. Bendon presented a unit, floor area and bedroom mix of
similar projects done by the private sector, and showed where this project
compares to other affordable housing projects. Bendon said there is no policy for
the percentage of floor area in the units other than RO has a maximum square
footage cap of 2200 Square feet; category units have a net livable minimum
square footage based on the number of bedrooms. There is no restriction on the
FAR for free market units. Mayor Bennett noted the chart does not delineate
how many units in each category.
Bendon said the housing board has considered whether the RO lots should be sold
at $130,000 and the category units be category 4 or to raise the sale price of the
RO lots and lower the category units. The housing office suggested if the family
member not quality for one of the RO lots, that it be iold to APEH for $130,000
which would establish the sales cap.
Sunny Vann, representing the applicants, reminded Council this plan was to
create a lot for the existing house, 3 lots - one each for each of the family
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Aspen City Council Regular Meeting January 12, 1998
members, 3 RO lots, and 4 category units. The ]and will be conveyed to APEH,
a non profit organization, which will develop the category units and the sale of
the RO lo~s. APEEI proposed category 4 for the deed restricted units and will
restrict the sale of the RO lots to $130,000. APEH said at the housing authority
meeting that they will comply with any regulations promulgated for RO lots prior
to issuance of a building permit. APEH will receive one RO lot; the other 2 will
go to family members if they qualify. If these family members do not qualify,
the lots will be sold at the $130,000 cap by APEH and the proceeds given to the
family. Vann said the housing office felt the project was acceptable provided the
second RO lot go towards subsidizing the project, to which the Barbees have
agreed.
Vann said all of the deed restricted proper~y is being conveyed to APEH; APEH
is also receiving the proceeds from 2 RO lots and break even costs on the
construction of the 4 category units. The remainder of the property will be
conveyed to the city as park/open space land subject to a conservation easement
to be conveyed to Park Trust to maintain it in its natural state.
Mayor Bennet~ opened the public hearing. There were no comments. Mayor
Bennett closed the public hearing.
Councilwoman Richards said APEH had said they were going to use some of the
proceeds to develop future housing. Councilwoman Richards suggested any
proceeds be used to lower the price of the category units. Vann said the Barbee's
agreement with APEH is to convey the property to APEH. APEH's pro forma
entities them to recapture the construction costs plus a 5 percent seed money for
another project. Councilwoman Richards said she supports this project; it is a
private sector project. The applicants are ~rying to meet both family and
community goals and are not trying to maximize density in a visible part of town.
Councilwoman Richards said she would like some assurance that the money from
the sale of RO lots will be used to lower the cost of the affordable lots. Vann
said the housing board felt offering an RO lots at $130,000 would meet the
original goals of the establishment of the RO category. Some housing board
members felt there is a demand for category 4 family-oriented units.
Mayor Bennett said this would be setting a precedent of 100 percent free market,
RO and category 4 and where the free market component is not being asked to.
subsidize the affordable housing units. Councilwoman Richards agreed this is a
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Aspen City Council Regular Meeting January 12, 1998
segregation of the proceeds; however, it was not a concern of the majority of the
housing board. The housing board felt each project is unique and does not set a
precedent. The applicants are not developers and are not trying to maximize
their profits.
Vatm noted when the applicants 'started this planning process, RO units were not
as big a concern as they are today. Vann said the applicants have agreed to
restrict the RO units to whatever new restrictions come out of the current
process. Vann said he looked in the housing guidelines for what are desirable
units, and the guidelines state "family, sales units" are a preferred type of unit.
Vann noted that the free market component is not going to provide more than
allowing the applicants to. pay their portion of the infrastructure improvements
and give the land to APEH. This was the most attractive program the Barbees
could present. Vann reminded Council one family member owns the house, and
3 family members own the land in undivided interest.
Mayor Bennett said the philosophy of the affordable housing program is that free
market development pays for affordable housing. This has been the principle in
all the projects approved by the city. In this project, the affordable housing is
carved off to someone else to develop. Mayor Bennett noted Council has an
obligation to treat everyone fai~y and the same. Councilman Vickery said he is
not convinced that this project can financially get built. Vann said the safeguards
are that the free market lots cannot be sold without bringing the affordable units
on line.
Councilwoman RiChards agreed with the Mayor's concerns. Approving this will
be increasing growth and its impacts outside growth management.
Councilwoman Richards said the housing board' discussed how far down the .
categories can one get in a small project. It may become government's obligation
to provide categories 1 and 2 and private developer will provide categories 3 and
4.
Vann pointed out this property is density and FAR rich; however, it does not
have a lot of flat land. The property is not being zoned AH to increase its density
or allowable FAR. The proposal leaves a lot of FAR on the table. There is not a
place to put more units without building roads and changing the terrain. Amy
Margerum, city manager, said there could be 6 large houses with ADUs on the
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Aspen City Council Regular Meeting January/,2, 1998
parcel if it were to go through GMQS. Councilwoman Riobards said the
conservation easement is going to be deeded to permanent open space.
Vann said the 3 free market lots and the lot with the existing house are limited to
one single family house with a maximum FAR of 4500 square feet, regardless of
the lot size. This also applies to lot 1. Varm said the RO units will comply with
the RO guidelines in effect when the units are built. Reid Haughey, APEH, told
Council tilere is a 5 percent reserve within the pro forma to stay with APEH to
be used as' seed money for future projects. Haughey said the housing office is
interested in projects which will compliment the work they are doing. Haughey
said this 5 percent is about $40,000 and would lower the price on one category
unit halfway to the lower category.
Councilwoman Riobards moved to adopt Ordinance #44, Series of 1997, on
second reading; seconded by Councilman Markalunas.
Vann pointed out that condition #5 has already been met and suggested the two
housing office recommendations be inserted.
Councilwoman Riobards amended her motion to include deleting condition #5 and
inserting the housing office recommendation; seconded by Councilman
Markalunas. Roll call vote; Councilmembers Markalunas, yes; Paulson, yes;
Vickery, yes; Riobards, yes; Mayor Bennett, yes. Motion carried.
Councilman Markalunas moved to continue Ordinance #45, Series of 1997, to
February 9; seconded by Councilwoman Richards. All in favor, motion carried.
ORDINANCE #1, SF~RIF. S OF 1998 - Code Amendment - Use Square Footage
Limitations
Councilwoman Riobards moved to read Ordinance #1, Series of 1998; seconded
by Councilman Paulson. All in favor, motion carried.
ORDINANCE #1
Series of 1998
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN
AMENDMENT TO CHAPTER 26 OF THE MUNICIPAL CODE, LAND USE
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Aspen City Council Regular Meeting January 12, 1998
REGULATIONS, SECTION 26.40.040, USE SQUARE FOOTAGE
LIMITATIONS was read by the city clerk
Stan Clauson, community development director, said the city has had limitations
on the square f0otage of different types of commercial uses. These were part of
the original zoning code of the 1970's. The current code divides various retail
categories into 3,000, 6,000 and at 9,000 service station and restaurant and at
12,000 for builder supply yard, lumber yard and other more industrial type uses
and at 20,000 square feet for commercial and office space, warehousing and
storage. Clauson pointed out in every category the code states, "the following
and similar uses shall be limited". Clauson said the code gives the latitude with
"and similar uses" to interpret a use category not specifically enumerated in the
list of uses.
Clauson reminded Council members of the retail community addressed the
possibility of a department store locating in Aspen. Clauson said the thought was
a department store might be allowed unlimited size. A department store might
also drive out small businesses located in Aspen. Clauson said staff looked into
the use size categories to make sure there is sufficient regulation for department,
discount and large stores that might be predatory in the retail environment. Staff
felt with the number of categories specifically established at various square
footages and the authority to determine "similar uses", the city did have the
ability to regulate department stores or discount stores even though these are not
specifically listed in the code. However, staff felt it would be worthwhile to
include a number of named specific uses to make the code more explicit. Staff
developed the attached code amendment which adds to 6,000 square foot
limitation, "department store, discount store, general retail and Clothing store".
Clauson said this code amendment does' not change the code but clarifies it.
Clauson pointed out staff drafted changes to the "intents and purpose" section as
. well as (f) retail sales areas, which talks about the various ways the square
footage limitations may be employed if there are different types of retail sharing
the 'same building or if there are similar types of retail under the same ownership
sharing multiple buildings.
Clauson told Council P & Z considered these code amendments in December,
heard testimony from the public both pro and con. P & Z failed to approve these
amendments because of a 3 to 3 tie vote. Clauson said there was concern about
Aspen City Council Regular Meeting January 12, 1998
chain stores; there was also concern about larger bnildings that may be
reconfigured differently in the future. Clauson told Council staff feels these code
amendments are clarifications and do not further restrict any possibility uses of
affected properties. Clauson suggested Council meet in a work session with P &
Z on this issue. Staff recommends adoption of these code amendments. Clauson
said these clarifications make it easier for staff to do either use determinations or
interpretations. Clauson said in writing the code amendment, staff tried not to
create a lot of non~conformities.
John Worcester, city attorney, told Council one issue that has arisen in this
discussion is whether a new owner of a large store would trigger this code
section. Worcester told Council it is not the owner but the use. If the use inside
the building changes, this might trigger the limitation on the size of the store.
Clauson said this code amendment will affect ordy CC, C-1 and S/C/I zone
districts. The grocery stores in Aspen are in the NC zones and would not be
affected by store size limitations.
Lily Garfield said she would like to see Aspen try and retain it's charm and not
become a strip of chain stores. Ms. Garfield requested Council limit the size of
stores - no matter what type of retail. Ms. Garfield said landlords have been
raising rents until only chain-type stores can afford the rent. Bob Blaich, P &
Z, requested Council meet with them and discuss this code amendment.
Worcester reiterated this code amendment attempts to clarify the language in the
ordinance and by adding "department store" so there is no dispute of the code
interpretation. Worcester noted there is a provision in the land use code stating
when P & Z passes a resolution recommending a change in the land use code, the
building department is prohibited from issuing a building permit for 6 months that
would be contrary to P & Z's recommendation. Worcester said P & Z did not
adopt a resolution; however, there is a legal concept, the pending ordinance
document, which says if a governing body is considering an ordinance, the city
has a right to enforce that ordinance as if it were on the books. The clarification.- '
would conform to the interpretation the city has had about this code section for
the last 20 years.
Heidi Friedland, HPC member and retailer, told Council the HPC is scheduled to
talk to Council about the downtown core, density, size of store, in order to
preserve the character of the community. Errde Fyrwald, retailer, said Council
Aspen City Council Regular Meeting January 12, 1998
might consider separating existing buildings from any new development in the
core. Fyrwald said smaller spaces dictate higher rents and within the future,
local merchants will not be able to afford the rents.
Scott LaDu, local merchant, said he tries to carry merchandise that is not carried
by stores already in Aspen. LaDu said large department or chain stores would
not have that philosophy. Bob Langely said a code amendment could cause
problems by trying to put into 1998 terms something that will go into the future.
Langely agreed that smaller spaces do command larger rents. Steve DeGouviea
said Aspen is losing its individuality and character and getting chains stores and
department stores does not help that trend. DeGouviea said Council should
encourage small, independent businesses. DeGouviea said Aspen's uniqueness
helped to give it it's competitive edge.
Clauson said staff knows of no legally defensible way to keep businesses out of
Aspen. Clauson said the city does have a defensible ordinance with store size
limitation. Clauson said zoning would prevent a department store from locating
in the NC zone district. The NC zone district has very limited uses. Worcester
said the issue before Council is not whether they want to' amend the code but is
whether someone could come in and make the argument that since department
store is not listed in the city's code, it is not regulated. If Council believes the
initial intent of the current ordinance was to limit the size of department and
discount stores, then Council should adopt the ordinance and clarify the current
code. Worcester said P & Z can look at this amendment and debate the
philosophy of free market and whether stores should be limited, and if s0, to
what size.
Mayor Bennett said he feels the original intent of the city's zoning ordinance was
to limit certain stores to certain sizes. Mayor Bennett said if Council wants to
uphold the existing interpretation, the ordinance be adopted and then sent back to
P & Z and further discussion. Councilman Markalunas said the landlords and
escalating rents have driven out a lot of small businesses. Councilwoman
Richards supported passing this on first reading. Councilwoman Richards said
she does not want to create undue burden on existing property owners and
existing businesses and make a lot of businesses non-conforming.
Conncilman Markalunas moved to adopt Ordinance #1, Series of 1998, on first
reading; seconded by Councilman Vickery. Roll call vote; Councilmembers
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Aspen City Council RegularMeeting January 12, 1998
Markalunas, yes; Richards, yes; Paulson, yes; Vickery, yes; Mayor Bennett, yes.
Motion carried.
Councilwoman Richards moved to go into executive session at 7:55 p .m.;
seconded by CounCilman Paulson. All in favor, motion carried.-
Councilman Paulson moved to come out of executive session at 8:50 p.m.;
seconded by Councilwoman Richards. All in favor, motion carried.
Councilwoman Richards moved to adjourn at 8:50 p.m.; seconded by
Councilman Paulson. All in favor, motion carried.
~CityClerk
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