· Resolution
#23, 2008 - Contract Marolt Boiler
· Resolution
#25, 2008 - Entrance to Aspen Right of Way Amendment
· Resolution
#24, 2008 – Lot 3 Adams Subdivision Annexation
· Resolution
#22, 2008 – Concrete Replacement Contract
ORDINANCE
#7, SERIES OF 2008 – Code Amendments ADUs/Non-conforming
ORDINANCE
#1, SERIES OF 2008 – 434 E. Cooper (Bidwell Building) Subdivision
ORDINANCE
#8, SERIES OF 2008 - Code Amendment – Wildlife Protection
ORDINANCE
#9, SERIES OF 2008 - Extension of S/C/I Moratorium
ORDINANCE
#10, SERIES OF 2008 - Extension of Commercial Mix/Historic Interiors Moratorium
ORDINANCE
#5, SERIES OF 2008 – Adoption of Housing Guidelines
ORDINANCE
#50, SERIES OF 2007 – Code Amendment Historic Lot Splits
ORDINANCE
#4, SERIES OF 2008 – Code Amendment S/C/I Zone
Mayor Pro Tem DeVilbiss called the meeting to order at 4:20 p.m. with
Councilmembers Skadron and Johnson present.
Councilman DeVilbiss moved to go into executive session at
4:20 p.m. pursuant to C.R.S. 24-6-402(4)(b) Conferences with an attorney for
the local public body for the purposes of receiving legal advice on specific
legal questions; seconded by Councilman Johnson. All in favor, motion carried. Also present
Councilman DeVilbiss moved to come out of executive session at 5:20 p.m.; seconded by Councilman Johnson. All in favor, motion carried.
COUNCIL MEETING
Mayor
Calla Ostrander, canary program, told Council this program is aimed at getting citizens and businesses involved in the community environmental effort. Businesses can be certified as ZGreen. There is a computer program where citizens and businesses can assess their footprint and which suggests ways to reduce it.
1. Peter
Fornell told Council said his client would like to convert the commercial space
at 520 East Cooper into 5 retail spaces of 300 to 650 square feet each. There is a commercial moratorium in
place. Fornell asked if the moratorium
will be extended.
2. Bill Wiener stated he supports affordable housing and solving the problem in this community. Wiener said problems cannot be solved by just throwing money at them. Wiener said many issues need to be addressed simultaneously to take a comprehensive approach. Wiener said the community needs affordable housing; the growth management plan exempts affordable housing, however, employees do have an impact. Wiener said the payments-in-lieu are unrealistically low and do not include the land costs. Wiener noted the infill programs adding businesses and people to town is making the employee program worse. Wiener suggested working on a fix for all the problems and presenting a solution to the voters.
1. Councilman DeVilbiss noted RFTA has hired new general counsel.
2. Mayor Ireland announced there is an environmental forum next week.
3. Mayor Ireland said at the April 28th Council meeting, Council will honor the local sports teams for their victories in various sports.
4. Councilman Skadron said the first meeting of the Historic Task Force took place with more than 20 attendees. The task force is working on their by-laws.
Councilman Johnson requested removal of (e); Councilman
DeVilbiss requested removal of (a) and (b) and Mayor
Resolution # 2008 – Golf Course Restaurant Lease.
Councilman Skadron asked if staff did anything to attract other bidders other than the existing lessees. Councilman Skadron asked the dates of operation. Councilman Skadron asked for comments on the 50% decrease in the lease payments and well as what staff meant by “very successful”.
Aitken said the proposed lease payment went from $20,000 to $10,000. The proposed operator will provide better hours of operation, earlier in the golf season to mirror the golf and tennis hours. Aitken noted staff is excited about more hours in the summer. Aitken told Council the restaurant operation has been a big challenge because of the hours of operation. Aitkin said the quality of food and the service has increased with Rich and Jamie. Councilman DeVilbiss said the 50% decrease in rent has not been thoroughly explained. Aitken said the operation is not a big money maker. Offering lower rent is in exchange for more hours, earlier in the morning during golf.
Mayor
Councilman DeVilbiss requested staff negotiate with the
prospective lessees. Council indicated
they want the extended hours. Mayor
Resolution #23, 2008 – contract Marolt Boiler
Mayor
Resolution #24, 2008 – Annexation Lot 3
Mayor
Resolution #22, 2008 – Concrete Replacement Contract
Councilman Johnson asked if this work is within the TABOR
question before the voters in November 2006 or have concrete costs increase so
that the city will not be able to get the work done. Tricia Aragon, city engineer, said the city
will be able to do
Councilman Johnson moved to approve the consent calendar as amended; seconded by Councilman Skadron. The consent calendar is:
All in favor, motion carried.
Councilman Johnson moved to read Ordinance #7, Series of 2008; seconded by Councilman DeVilbiss. All in favor, motion carried.
ORDINANCE No. 7
(Series of 2008)
AN ORDINANCE OF THE
ASPEN CITY COUNCIL,
Councilman Johnson said for the second reading he would like
included in the packet the minutes regarding an earlier request on this
property from both Council and from P&Z.
Mayor
Councilman Skadron moved to adopt Ordinance #7, Series of
2008, on first reading; seconded by Councilman DeVilbiss. Roll call vote; Councilmembers Skadron, yes;
DeVilbiss, yes; Johnson, yes; Mayor
Mayor
Bill Wiener asked Council not to take any action on a building that might be historic until after the historic preservation task force has made recommendations to Council.
Councilman Johnson moved to continue Ordinance #1, Series of 2008, to April 14, 2008; seconded by Councilman DeVilbiss. All in favor, motion carried.
Councilman Johnson moved to read Ordinance #8, Series of 2008; seconded by Councilman DeVilbiss. All in favor, motion carried.
ORDINANCE
N0. 8
(Series of 2008)
AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF
Councilman Johnson moved to adopt Ordinance #8, Series of
2008, on first reading; seconded by Councilman Skadron. Roll call vote; Councilmembers Johnson, yes;
DeVilbiss, yes; Skadron, yes; Mayor
Councilman DeVilbiss moved to read Ordinance #9, Series of 2008; seconded by Councilman Skadron. All in favor, motion carried.
ORDINANCE NO. 9
(Series of 2008)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
EXTENDING A TEMPORARY MORATORIUM ADOPTED PURSUANT TO ORDINANCE NUMBER 19,
SERIES OF 2006, AND AS AMENDED PURSUANT TO ORDINANCE NO. 23, SERIES OF 2006,
AND AS AMENDED BY ORDINANCE NUMBER 38, SERIES OF 2006, AND AS AMENDED BY
ORDINANCE NUMBER 3, SERIES OF 2007, AND AS AMENDED BY ORDINANCE NUMBER 20,
SERIES OF 2007, AND AS AMENDED BY ORDINANCE NUMBER 47, SERIES OF 2007.
Councilman Johnson moved
to adopt Ordinance #9, Series of 2008, on first reading; seconded by Councilman
DeVilbiss. Roll call vote;
Councilmembers Skadron, yes; Johnson, yes; DeVilbiss, yes; Mayor
Councilman Johnson moved to read Ordinance #10, Series of 2008; seconded by Councilman Skadron. All in favor, motion carried.
ORDINANCE NO. 10
(Series of 2008)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
Councilman DeVilbiss moved to adopt Ordinance #10, Series of 2008 on first reading; seconded by Councilman Skadron.
Mayor
Roll call vote; Councilmembers DeVilbiss, yes; Skadron, yes;
Johnson, yes; Mayor
Tom McCabe, housing department, told Council this ordinance
proposes increasing the payment-in-lieu fee charged for affordable housing
mitigation. The housing board recommends
increasing this fee 80% across the board.
McCabe noted at first reading, one question was where the 3,000 square
feet came from. McCabe said he has not
been able to ascertain that in his research.
McCabe said the housing office has contracted to do surveys to give
information to generate a new set of standards.
Staff is having a nexus study regarding FTE generation and a needs
assessment regarding affordable housing and retirement in affordable housing. Mayor
McCabe said another question at first reading was what are
the additional costs to do green upgrades in affordable units. McCabe said it is between $17 and $20/square
foot at a minimum.
Mayor
Bill Wiener said the in-lieu concept is flawed; money is put in the coffers to take care of housing in the future but the employees are created now. Also the fees do not include land costs. Wiener stated affordable housing should be built on site when it is required and if built somewhere else, it has to be habitable when the other project opens. The cost should be computed on the cost of the last two public affordable housing projects, including all costs. Wiener suggested a cpi automatic adjustment be in the calculations.
Tim Semrau applauded the city’s aggressive affordable
housing program; however, the city should be transparent and careful. Semrau noted this change would affect some
zone districts where an ADU cannot be built, like R-15B or where subdivision
covenants preclude it. Semrau said with
all city fees, a person could pay the city 35% of the cost of the new housing. Semrau said this data is based on hard
costs/square foot. Semrau gave Council
letters from local affordable housing builders with the cost of building in
2007 in
Semrau notes staff’s memo indicates the land costs are
$305/square foot. In 2007, in all the
city’s land purchases, the cost for land was $108/square foot and the
$305/square foot comes from one purchase in town. Semrau said the city should use the actual
land costs from 2007. Semrau said other
components of the calculation include the 3,000 square foot rule which has no
record, no basis other than being in existence for a long time. Semrau suggested the city look at whether
3,000 square feet creates one FTE. The
city’s land use code requires 60% mitigation of employees; this calculation
requires 100%. If that is the city’s
choice, the figure should be documented.
Semrau asked Council to take their time, do studies and get all the
facts. Mayor
Mike Maple agreed raising the housing fee-in-lieu is overdue
and there should be a mechanism to periodically review and update the fee. Maple said the nexus for the 3,000 square
feet creating one FTE is incomprehensible and it is hard to argue using that
number when no one knows the basis of that number. This should be looked into before an ordinance
is adopted based on it. Maple noted the
costs are based on building department’s information on representation from
contractors on cost/square foot. Maple
said there is no obligation for contractors to correctly represent what it
costs to build a house when applying for a building permit. Maple said there is little correlation
between the costs of commercial building in
Mayor
Councilman Johnson said Council has been having many discussion around affordable housing, conversion of the housing to second homes, whether all affordable housing mitigation should be on site, raising the requirement from 60 to 100%, employee generation, etc. Councilman Johnson said the current cash-in-lieu fee of $69.53 is a mockery. Councilman Johnson said this fee has to be addressed. Councilman Skadron said he is unwilling to vote on this with questions on accuracy of the numbers.
Councilman Skadron moved to table Ordinance #5 in order to substantiate the data.
McCabe said staff is working toward updating those figures. The proposed increase is from $69.53 to $125.15,
which is a substantial increase.
Councilman DeVilbiss moved to adopt Ordinance #5, Series of 2008, amending the housing guidelines to set the $125.15/square foot; seconded by Councilman Johnson.
Councilman Skadron asked about substantiating the other components of the housing program.
Mayor
Mayor
Councilman Johnson asked the relationship between costs of
constructing housing and the cash-in-lieu costs. Mayor
Mayor
Roll call vote; Councilmembers Johnson, yes; DeVilbiss, yes;
Skadron, no; Mayor
Mayor
Amy Guthrie, community development department, told Council
the historic preservation program has offered incentives since the 1980s. One incentive is on a historic landmark site
where a single family residence could be located is the opportunity to have two
detached homes with the same floor area.
Ms. Guthrie noted in 1995 this was amended to allow the two buildings on
the same lot to be subdivided and in 2000 this was extended into
Mayor
Junee Kirk urged Council to refer this to this historic task force and have them comment on this code amendment. The task force is working on context and character for blocks with historic buildings. Bill Wiener said he is concerned whether the lot is split lengthwise or crosswise. If these are side by side lot splits, there is visibility on street frontage.
Mayor
Ms. Guthrie said lot spit ordinance does not state which
direction a lot has to be split; however, the idea is to allow people to revert
back to the original townsite lot configuration of longer, skinnier lots. Mayor
Ordinance #50 fails for lack of a motion.
Ben Gagnon, community development department, pointed out the 3 areas of S/C/I zoning are on the west of north Mill, the east of north Mill and the Obermeyer property. Gagnon reminded Council the S/C/I zone is a shelter for uses that are not commercial core uses and are uses that the city wants to protect. Gagnon said if this were more free market zone, uses like a Laundromat, paint or glass contractor would not exist.
Gagnon went over proposed changes. Gagnon noted uses have changed over the past 30 years and once the door is open, it gets opened wider. In the late 1970’s martial arts was allowed, which expanded into physical fitness and yoga and Pilates studios. Staff recommends a more rigorous approach to the S/C/I district. It is difficult to separate fitness uses and to enforce and physical fitness uses are not consistent with the original intent of the district.
Gagnon brought up brewery and brewing supplies. Gagnon said this use was added to S/C/I in 2000. There was an applicant in 2007 who anticipated being able to run a bar-style on the 25% of the business allowed. Staff did a code interpretation that a brewery was meant to be a brewery with some tastings. Staff relooked at this and recognized the language was not definitive and one could make a case that the section that allows 25% of the business to be retail could be interpreted to allow a limited bar operation with no limit on consumption. Gagnon said staff does not want bar operations to proliferate in the future. Staff recommends allowing the Aspen Brewing Company to go ahead with their brewery and use 25% of its space for a bar use without limit on consumption and to close at 9 p.m. Staff also recommends tightening up the language not to allow this in the future.
Gagnon said design studio is an example of what has happened
in the S/C/I district. In the 1980’s
someone requested opening up an artist studio, which was allowed. An architect made an argument his business
was an artist studio, which was also allowed.
In 1999, Council established a 9,000 cap on design studio uses in
response to having these uses proliferating.
Staff recommends limiting design studio uses to the S/C/I parcel between
Gagnon said another issue is medical offices. The S/C/I zone is not intended to be the
location for every business that cannot find a good place anywhere else in
Gagnon said floor area ratio describes how much square footage can land on a parcel. Staff proposes before medical offices can be allowed, a certain square footage of traditional S/C/I uses needs to exist on a parcel. Gagnon noted the amendment proposes one has to reach .75:1 FAR of S/C/I commercial uses before one is allowed .25:1 FAR of medical offices. This would allow medical office uses as an “add on”. Gagnon said free market housing is allowed at .25:1 FAR only if the bar of .75:1 FAR of traditional S/C/I uses is achieved. Gagnon noted another incentive is .25:1 FAR of medical offices if proposed, the free market housing is allowed at .5:1 FAR.
Gagnon said mixed residential and commercial uses can create conflicts than can compromise the commercial operation in the future. Gagnon proposed any redevelopment project needs to demonstrate the commercial and the residential uses are separated so the commercial uses have room for loading, for circulation and not compromise the commercial uses. Gagnon noted the definition for coffee roasting operation needs to be made clear it is not a café.
Councilman Skadron asked about the special review standard for height and the additional 5’ and would this be a lever to gain additional FAR versus a necessity. Gagnon said the current code allows a 35’ maximum height and allows an increase to 40’ if the additional 5’ meets a special review standard to tie the addition height to the 1st floor of S/C/I uses, like a car repair shop. Gagnon pointed out this would only be additional height, not FAR. P&Z did not like the additional 5’; however, staff feels that additional 5’ can be useful and the applicant has to show that additional 5’ is appropriate in use of the parcel.
Gagnon said medical offices are treated separately as a use rather than listed as a permitted or conditional use. Gagnon said none of the existing parcels reach a .75 FAR of S/C/I uses to allow medical uses. Councilman Skadron asked if free market residential is currently allowed in the S/C/I zone. Gagnon said it is as a conditional use. Councilman Johnson asked about the marital arts studios. Gagnon said any business existing in the S/C/I zone now will be grandfathered and can stay as long as they want. Gagnon said the owner of a space can replace that use up to one year from when the business leaves; after that one year, any new business must be conforming.
Mayor
Mayor
Kim Scheuer, primary care physician, requested primary care
medical practices be allowed in the S/C/I zone sooner rather than later. Primary care means family practice,
pediatrics, internal medicine and obstetrics.
Dr. Scheuer said there are several primary care practices that are at
risk of having to move out of central
Mayor
Bridgette Belinski, administrator Aspen Medical Care, said she understands the concern about medical offices squeezing out more traditional S/C/I uses. This change, however, is only for new construction. P&Z supported a 15% square foot change which would provide immediate relieve as well as capping the use to protect the traditional uses.
Ann Goyette, primary care physician, said the increase of
baby boomers and Medicare will make the situation with primary care worse over
the next decades. Dr. Goyette suggested
if spaces in the S/C/I zone are sitting empty, they could be leased to primary
care offices. Councilman Skadron asked
where the 15% came from. Gagnon told
Council at P&Z, who also struggled with this issue, suggested allowing 15%
of every building in the S/C/I district to have medical office uses. Staff did not agree with that recommendation.
Ms. Belinski said the primary care offices do not want to be
in a position of weighing their importance against other S/C/I uses; however,
there is an immediate need for their offices.
The 15% of the S/C/I suggestion would allow a solution and not drive out
traditional S/C/I uses. Ms. Belinski
told Council if they cannot move to S/C/I and have to move out of their current
space, there will be no ob-gyns east of the roundabout. Bill Wiener said when trying to find a
doctor in
Chris Bryan, representing the Aspen Brewery, reminded
Council this was discussed as a code interpretation amendment in February.
Mayor
Paul Chichester told Council he located this space for the
Aspen Brewery. No one was aware of the
consumption limit or the business may have located elsewhere in the city.
Duncan Klaus, Aspen Brewing Company, told Council they were
happy to find the S/C/I zone which is limited to preserving locally serving
businesses and which has lower rents.
Klaus said they wanted to open the Aspen Brewing Company in
Councilman Skadron asked why this business requires one to taste 36 ounces of beer. Klaus said they have not recommended a certain number of ounces; they do not want the tastings to be limited. Klaus said they researched if there is an industry standard appropriate for tasting. The brewers’ association did not have a recommended number.
Councilman Johnson asked to what degree unlimited
consumption is required for the success of an individual’s experience in
distinguishing the different brews and also to what degree unlimited
consumption is required for the success of a brewery business. Klaus noted no other brewery in
Rocky, previous resident on
Tom Peckham said a concern of his is the loss of business
vitality and he feels that a brewery is the kind of business this community
wants. This has attracted young entrepreneurs who
will help the community. Peckham said he
does not think their ability to make revenue should be limited. Sherry Cutler commended
Toni Kronberg asked if the standards of review for zoning
change are included in the packet.
Gagnon said they were included in the first reading. Michael Sailor said he is located next to the
S/C/I zone and asked about parking requirements. If large trucks are coming in, they need
loading zones; customers need parking areas.
Bill Wiener supports what is being proposed. Wiener said the
Mayor
Gagnon said there has been testimony about the differences in tasting room and bars. The problem with the S/C/I zone district is creep; if the door is opened to uses, it gets opened wider and wider. Staff has tried to be as definitive as possible so applicants are clear on the allowable uses.
Councilman Skadron said as
Councilman DeVilbiss stated he does not want bars and
restaurants in the S/C/I zone.
Councilman DeVilbiss said he is willing to allow limited tastings. Councilman DeVilbiss agreed with limiting the
heights to 35’ in the S/C/I zone.
Councilman DeVilbiss stated he supports allowing medical offices in the
zone district and suggested looking at amending the PUD to allow the medical
offices in vacant spaces at
Councilman Johnson said he hopes the community is able to make the distinction between wants and needs. Councilman Johnson said he sees doctor’s offices as actual needs and unlimited on site consumption of beer is a want. Councilman Johnson requested staff research what other breweries do; there must be a definition on how to distinguish a tasting room. Councilman Johnson stated he supports a brewery in the S/C/I zone and would like to assist the brewery in being successful without opening up the zone to bars and restaurants. Councilman Johnson agreed that residential uses should not be in the S/C/I zone. Councilman Johnson asked if these code amendments are cleaning up “S/C/I creep” or are creating more creep. Councilman Johnson suggested looking at extending the S/C/I zone district within the city. Councilman Johnson said medical offices should be allowed now and not wait for redevelopment. Councilman Johnson said there should be a strict definition to allowed medical offices.
Mayor
Mayor
Bendon recapped Council’s direction is to pursue medical
offices, limited to primary care medical office with a definition to include
walk in and accepting Medicare and this could be allowed in
Councilman Skadron moved to continue Ordinance #4, Series of 2008, to April 28th; seconded by Councilman DeVilbiss. All in favor, motion carried.
Councilman DeVilbiss moved to adjourn at 10:55 p.m.; seconded by Councilman Johnson. All in favor, motion carried.
Kathryn S. Koch, City Clerk