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HomeMy WebLinkAboutminutes.council.20061212 Continued Meetine: Aspen City Council December 12. 2006 Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers DeVilbiss, Johnson, Torre, and Richards present. ORDINANCE #51, SERIES OF 2006 - Six-Month Moratorium in CC Zone Chris Bendon, community development department, pointed out changes to the ordinance since first reading. The first change in Section 1 clarifies the moratorium is limited to the commercial core, that it is a 6 month moratorium, and it applies to items regulated by Section 105 of the building code and also to activity typically exempt from building permit and these are tiling, cabinets, counter tops, finish work and built in furniture. This type of development activity will be included in the moratorium but only within the commercial core zone district. Bendon noted the ordinance contains 13 types of exemption from the moratorium including building permits already submitted. Bendon told Council the exemption section has been written broadly enough to allow the Hotel Jerome to continue their process by an ordinance granting specific land use approval. Bendon listed all the exemptions from the building permit moratorium. Bendon pointed out Section 4 contains appeals and there are two; one from adverse decisions of the community development director or the chief building official. These appeals will go directly to Council. The second type of appeal is due to financial hardship and the ordinance list documents that need to be submitted. A hiring officer who will determine if a financial hardship does exist will handle these appeals. ..,.... Councilman Johnson asked how these items will be monitored. Stephen Kanipe, chief building office, told Council section 105.2 that requires a building permit for a broad definition of activities, like repair, demolition, and alteration. Kanipe said there are 9 specific exceptions from section 105.2, like countertops, tiles, etc. Councilwoman Richards asked about a remodel of an existing business for the same uses. Bendon said that is partially covered in (e) but should be addressed more specifically. Mayor Klanderud said Council will take public comment. Les Holst congratulated Council on achieving a sense of what the community needs. Holst said this is addressing an emergency and it is important. Alain Assie said he feels Council is missing the point, which is the growth of chains coming into Aspen. John Worcester, city attorney, said with this moratorium, Council will have time to discuss what they would like the commercial core to be. Bud Griswold said town has changed a lot in 40 years and he would like to see it slow down. Griswald stated he is in favor of the moratorium. Ashley Baum commended Council for supporting this moratorium. Baum said he hopes it gives a glimmer of hope for Aspen not to become a Vail. One thing that keeps Aspen different from other ski resorts is the history ofthe town and historical landmarks. Ashley Reynolds, waitress at Red Onion, said customers having been coming to the Onion for 40 years and more. She would like to see the business preserved. The Onion 1 Continued Meetinl! Aspen City Council December 12. 2006 is not just a bar; it is a meeting place. Cassandra, GEMS, asked if this will help the downtown or will there be empty spaces. Stan Clauson, chair ACRA Board, told Council ACRA sent out an e-mail to their membership asking for input on this proposed moratorium. Clauson noted he worked on the economic sustainability committee when the community was worried that Aspen was losing its ability to attract visitors and sales tax revenues. Clauson reminded Council the economic sustainability committee made recommendations to Council, including revitalization to the mall and dwell time, endorsement of the infill zoning amendments, and other things to encourage redevelopment and reinvestment in the commercial core. Clauson pointed out some business owners are retiring and selling out so there is change and a sense of loss. Clauson said he hopes Council finds other ways, rather than this moratorium, to develop sustained institutions in Aspen. Clauson said when there is discontinuity and empty storefronts, there is not a place for people to wander and to dwell. Clauson sand he feels this ordinance will have a negative effect on the community. Debbie Braun, ACRA, said she forwarded e-mails from ACRA members to the city regarding this ordinance. Mayor Klanderud closed the public comments. - Councilman Johnson noted the economic sustainability report recognized Aspen's unique character and also the report noted a concern about the disappearing locally serving and locally owned businesses. Councilman Johnson said he feels the moratorium is in accord with the findings of the economic sustainability report. Councilman Torre said Council took a lot of actions to support downtown businesses and there has to be a balance with what is going on in the downtown. Councilman Torre said the town is in danger of becoming too homogenized. Councilman Torre said a mix of restaurant, retail, locally serving and of interest to tourists is important. Councilman Torre said the community needs to be careful that the downtown serves the locals as well as the guests. Councilman Torre said he would like assurance that there are outs for inconsequential renovation for retailers downtown. Bendon said some additional language could be added to (e) in Section 2, to make minor improvements to a business's existing space so that the community development department will have the latitude to decide whether an application is to update, not to expand, the use. Councilman Johnson said although the Red Onion is affected by this ordinance, the moratorium is not about the Red Onion but to address the general trend affecting these type oflosses. Councilman Johnson said Council has been talking about the loss oflocally serving and/or locally owned business for at least 13 years. Councilman Johnson said Aspen can learn from other communities who have faced similar problems. Councilwoman Richards said moving forward with this moratorium is not without risk. There will be difficulty crafting code language to address problems listed by Councilman Johnson. Councilwoman Richards agreed that change is necessary and can be healthy. Councilwoman Richards agreed the community is losing a sense of uniqueness and a 2 Continued Meetinl! Aspen City Council December 12. 2006 sense of character and soul, which is becoming disappointing to repeat guests. Councilwoman Richards said like housing, vitality is a constant that needs to be worked on all the time. Councilwoman Richards said there are blocks in the commercial core that do not have businesses welcoming to family or middle income businesses. Aspen seems to have gotten a sense of elitism detrimental to everyone. Councilwoman Richards said this will not be an easy task but it is necessary. The more seriously the business community takes this issue, the faster answers and guidelines will be gained. Councilwoman Richards said it is important not to lose the last bits of memory that define Aspen as a community and destination resort. Councilman DeVilbiss said it seems as if the opposition relates to tangible loses and the support comes from citizens trying to protect intangibles. Councilman DeVilbiss said he feels it appropriate that Council wants to conduct a thorough analysis and assessment of the land use and building codes affecting development in the commercial core, in particular those whose current uses add to the value, aesthetic tourist experience, vitality character and history of Aspen. This moratorium will allow a reasoned discussion and consideration of amendments to the land use code. Councilman DeVilbiss stated he supports the moratorium. Mayor Klanderud said some emergencies are perceived rather than real. There are other ways to solve issues the community is concerned about. Mayor Klanderud said balance is difficult and many people have worked to maintain that balance. Mayor Klanderud said this is not either just about the money or the heart and soul of Aspen; these are not incompatible. Many people in the community have spent time and money to retaining that diversity. Mayor Klanderud said this moratorium draws a line between the two sides of the balance. Mayor Klanderud said people are making assumptions about properties in town and what the plans maybe for those properties. Mayor Klanderud noted Aspen has a l30-year history and has survived much. Aspen is resilient and one of the few mining communities in Colorado that continues to survive. Mayor Klanderud stated she feels regulation is only necessary in extreme situations. Councilman DeVilbiss moved to adopt Ordinance #51, Series of 2006, on second reading, amending Section 1 to add "within the commercial core zone district" and paragraph (e) on page 3, add "or to make minor improvements to the existing space" and in Section 7 to change the expiration date to June 12,2007, unless extended; seconded by Councilman Johnson. Councilwoman Richards asked whether (e) should be changed "to a business's existing space". Councilman DeVilbiss amended his motion to include that language; seconded by Councilman Johnson. Mayor Klanderud said the Isis is an example of private investors coming to the city to see what could be worked out and the agreement is based on collaboration with private development, the City and a local non-profit. Mayor Klanderud encouraged the community that ifthere ways to preserve what the community wants to preserve, they come forward to see what can be worked out. 3 Continued Meetinl! Aspen City Council December 12. 2006 Roll call vote; Councilmembers Torre, yes; Johnson, yes; DeVilbiss, yes; Richards, yes; Mayor Klanderud, no. Motion carried. Councilwoman Richards moved to adjourn at 6 p.m.; seconded by Councilman Torre. All in favor, motion carried. 4