Horizontal zoning gets another tweak

Split level buildings get some relief

Crested Butte’s sometime controversial and frequently discussed horizontal zoning ordinance is getting tweaked a bit more.

The Town Council instructed the town staff to adjust the ordinance to restrict split-level buildings to just one floor of horizontal zoning restrictions. The current ordinance requires buildings such as the Somrak Plaza and Times Square building to have both floors regulated under the restrictions.
Owners of the Somrak Plaza had originally requested the change last fall when they lost their second-floor tenants—a mortgage company and a real estate broker. When an architect said he wanted to rent one of the spaces, he was told the town prohibited an office use in that particular space.
Horizontal zoning essentially mandates at least one floor of buildings in Elk Avenue’s business district be retail in nature.
“I took a really long, hard look at the building,” said councilperson Dan Escalante. “I agree that the building with its big windows looks perfect for retail, but ultimately, it doesn’t matter what I think should be there. It is a matter of fairness. If we regulate both floors and we don’t do it for everyone, that to me is over-regulating. I think keeping it to one floor under the horizontal zoning is appropriate.”
Councilperson Leah Williams disagreed and said given the prominent nature of the building, both floors should be required to be rented to retail stores. She wanted to keep the ordinance as written.
Councilperson Billy Rankin felt it appropriate that the bottom floor be retail in nature, with the top floor housing other types of business uses.
“I too struggle with the fairness issue,” said councilperson Skip Berkshire. “I think we’d be better served by painting the core part of town with a single brush. I agree with Billy and the sentiment of Dan.”
Mayor Alan Bernholtz joined the crowd. “I think there should be a limit. We tell people what kind of signs they can have and what type of lights they should use. I think telling them what they can put in their windows for the whole building is too much. I don’t think we should go there.”
The council passed a motion directing the staff to make the changes to the current ordinance. Escalante, Rankin, Berkshire and Bernholtz voted for the changes. Williams voted against. Councilpersons Reed Betz and Kimberly Metsch were both absent.
“Is everyone clear on this one?” asked Bernholtz.
“Can we talk about it for another half hour?” asked Berkshire.
There were no takers on the offer. But Somrak Plaza co-owner Chuck Cliggett thanked the council for the change, noting, “I know you aren’t responsible for the bad economy and I appreciate your efforts.”